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HomeMy WebLinkAbout389 MetzlerMr. Harold Metzler RD #1 Martinsburg, PA 16662 RE: 85 -01 -C Dear Mr. Metzler: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION July 26, 1985 Order No. 389 The State Ethics Commission has received a complaint regarding you and a possible violation of Act 170 of 1978. The Commission has now completed its investigation. The individual allegations, conclusions, and findings on which those conclusions are based are as follows: I. Allegation: That you, a Supervisor of North Woodbury Township, violated Section 4(a) of the Ethics Act which requires annual filing of a Statement of Financial Interests no later than May 1 of each year a public official holds office and one year after he leaves such a position and or Section 4(d) which prohibits a public official from taking the oath of office, entering or continuing upon his duties or receiving compensation from public funds unless a Statement of Financial Interests has been filed with the Commission as required by this act by failing to file a Statement of Financial Interests since October of 1979. A. Findings: 1. You were a candidate for the office of township supervisor in 1979 and as such were subject to the filing requirements of the Ethics Act. 2. You have served as a township supervisor since 1980 and as such are subject to the filing requirements of the Ethics Act. 3. You failed to file a Statement of Financial Interests for calendar years 1979, 1980, 1981, 1982, and 1983, by May 1 of each of these succeeding years. 4. You state that you were negligent in not filing these Statements. 5. You do not claim that you were unaware of the filing requirements. Mr. Harold Metzler July 26, 1985 -Page 2 6. As a township supervisor you received compensation for the years 1980 through 1984 as follows: 1980 - $453.65 1981 - $494.88 1982 - $440.25 1983 $460,26 1984 - $37.7.70 7. You did not serve as a roadmaster 4nd ycu did not receive compensation as such. B. Discussion: As a township supervisor you are a public official as that term is defined in the State Ethics Act. 65 P.S. §402. As such, your conduct must conform to the requirements of the Act. Sowers, 80-050. The Ethics Act provides that public employees must file a Statement of Financial Irterests for the preceding calender year no later than May 1 of each year that he holds such a position. This provision is equally applicable to public officials. Carter, 79 -065; see also Kremer v. State Ethics Commission, 56 Pa. Commw. 160, 424 A.2d 968, (1981). The Act further provides that: Section 4. Statement of financial interests required to be filed. (d) Nc public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed a statement of financial interests with the commission as required by this act. 65 P.S. 404(d). You nave not filed a Statement of Financial Interests in accordance with the State Ethics Act for calendar years 1979 through 1983 inclusive. You have therefore, violated the State Ethics Act. As a result of your failure to file the required Statements, you received financial gain (your compensation as a supervisor) in violation of the Ethics Act. The Ethics Act provides as follows: Section 9. Penalties. (b) Any person who violates the provisions of Section 4 is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year, or be both fined and imprisoned. 65 P.S. 409(b). Mr. Harold Metzler July 26, 1985 Page 3 (c) Any person who obtains financial gain from violating any provision of this act, in addition to any other penalty provided by law, shall pay into the State Treasury a sum of money equal to three times the financial gain resulting from such violation. 65 P.S. 409(c). The Commission may: Section 7. Duties of the commission. (11) Make recommendations to law enforcement officials either for criminal prosecution or dismissal of charges arising out of violation of this act. 65 P.S. 407(11). Additionally, the Commission may recommend such prosecution to law enforcement authorities unless the public official who is in violation of the Act returns the financial gain obtained in violation thereof. See, McCutcheon v. State Ethics Commission, 77 Pa. Commw. 529, (1982); 65 P.S. §407 9 (iii). As such, the Commission has determined that unless you return to the township the compensation you received in violation of the Act within thirty days of the date of this Order, this matter will be referred to the appropriate law enforcement authority with a recommendation for prosecution. You received compensation for the years 1980 through 1983 inclusive in the amount of $1,884.98. These are years for which you did not file Statements of Financial Interests. A check in the above amount should be made payable to North Woodbury Township and forwarded to the State Ethics Commission. C. Conclusion: You violated the Ethics Act by failing to file a Statement of Financial Interests for the years 1979 - 1983 inclusive. unless you remit to the Commission a check in the amount of $1,884.98, made payable to North Woodbury Township within 30 days of this Order, the matter will be referred to the appropriate law enforcement authority. II. Allegation: That you, a Supervisor of North Woodbury Township, are in violation of Section 3(c) of the Ethics Act which requires an open and public process if a public official, public employee, any member of his or her family or any business in which the official owns 5% of the fair market value of contracts of $500 or more with the official's governmental body when you as the owner of Cobilt, Incorporated, engaged in business with the township for $500 or more without an open and public process. B. Findings: 8. Findings 1, 2, and 3 are incorporated herein by reference. Mr. Harold Metzler July 26, 1985 - Page 4 9. The Statement of Financial Interests you filed in 1979 and 1985 show that you received $500 or more income from Cobilt and that you were president and principal stockholder in this firm. 10. Township records show that Cobilt was paid $500 or more in 1980 ($657.09) and 1982 ($1,275.84) for business it did with your township. 11. Your records show that during 1980 you submitted 29 invoices to the Township. The highest individual invoice was for $107.50. 12. Your records also show that in 1982 you submitted 18 invoices. The highest individual invoice was for $143.60, 13. You also did business with the township in 1981, 1983, and 1984, but the amounts which you were paid were less than $500 in each of those years. 14. Prior to being elected a township supervisor, you did $150 worth of business it the year 1978. 15. The township supervisors had discussed the $500 limitation in the Ethics Act at several meetings and left it up to the Secretary to keep records of the totals and to notify you when you were getting close to that limit. B. Discussion: The Ethics Act provides that: Section 3. Restricted activities. (c) No public official or public employee or a member of his immediate family or any business in which the person or a member of the person's immediate family is a director, officer, owner or holder of stock exceeding 5% of the equity at fair market value of the business shall enter into any contract valued at $500 or more with a governmental body unless the contract has been awarded through an open and public process including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. Any contract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of making of the contract. 65 P.S. 403(c). There is no doubt that you are the owner and principal stockholder of Cobilt, Incorporated, and that the provisions of Section 403(c) above are applicable. The Commission has determined that within the above provision a public official may not contract with his or her own governmental body in excess of $500 unless certain standards are met. Bryan, 80 -014; Lynch, 79 -047; Howard, 79 -044. Mr. Harold Metzler July 26, 1985 -Page 5 These standards include: 1. prior public notice of the employment or contracting possibility; 2. sufficient time for a reasonable and prudent competitor /applicant to be able to prepare and present an application or proposal; 3. public disclosure of all applications or proposals considered; and 4. public disclosure of the contract awarded or offered and accepted. See also Cantor, 82 -004. In addition to the foregoing, the Commission has also determined that this process must be applied to all purchases totaling $500 or more during any one calendar year. The open and public process can be met either on each individual contract or by soliciting bids or quotes and awarding an annual contract based on hourly rates for services, a specified percentage of list price of equipment, or similar criteria the township may choose to establish. See Donati, No. 204. In the instant situation, your company received business in excess of the $500 limit in two years, 1980 ($657.09), and 1982 ($1,275.84). Your company received $932.93 in violation of the Ethics Act. We note that the Township Board of Supervisors had discussed the $500 limit and you were to be notified by the township secretary when your company billings approached this limit. There is no indication that you were so notified. In addition thereto, the Ethics Commission did not conclude until 1983 that the $500 limit imposed by the Ethics Act was cumulative rather than individual. In addition to the aforementioned provisions of the Act, we must reiterate that Section 3(a) of the Act would prohibit a public official from using his public office in order to obtain financial gain for a business with which they are associated. The Commission has interpreted this provision of the Act to prohibit a public official from voting on matters that affect a business with which he is associated, including the payment of fees thereto. Sowers, 80 -050. In light of the above, we believe that you violated Section 3(c) of the Act. Because of certain mitigating factors, however, as noted above, we will take no further action in relation to this violation. You must, however, in the future, insure that your activities are in accord with the Ethics Act. Gaydos, No. 131. Mr. Harold Metzler July 26, 1985 -Page 6 C. Conclusion: You violated Section 3(c) of the Ethics Act in that your company transacted business with the township in which you are a supervisor, in excess of $500 in 1980 and 1982 without an open and public process. In light of certain mitigating factors, however, the Commission will take no further action in this matter. Your future conduct must conform to the requirements of the Act. III. Allegation: That you, a Supervisor in North Woodbury Township, are in violation of Section 3(a) o'° the Ethics Act which prohibits a public official's use of office or confidential information gained from that office for personal financial gain when you initiated and participated in decisions of the township which would benefit a development known as West View Heights and by maintaining West View Heights' private road (both are owned by you) with township equipment and employees. C. Fi ndi ris: 16. Finding 1 is ', ncorporated here by reference. 17. You agree you own two apartment buildings in West View Heights. 18. You admit that you organized and circulated two petitions asking the township to take over and maintain the three streets that provide access to your property. These petitions were circulated in 1976 and 1980. You have signed subsequent petitions merely as a property owner and were not involved in the organization and circulation of those petitions. 19. There is no evidence that the township maintains private roads in West View Height4. B. Discussion: While the Ethics Act prohibits a public official from using his public position or any confidential information obtained therein to secure financial gain for himself, a member of his family or a business with which he is associated, there is no evidence that this occurred in the current situation. While you circulated petitions attempting to have the township maintain certain roads that provide access to your property, there is no evidence that the township, in fact, did this or that you participated in any action by the township related thereto. There is also no evidence that township equipment and employees were used to maintain these roads. C. Conclusion: There was no violation of the Act under the above circumstances as you did not use confidential information obtained as a township supervisor for personal benefit and no townwship equipment was utilized for similar purposes. Mr. Harold Metzler July 26, 1985 -Page 7 Summary of Conclusion: A. You violated the Ethics Act by failing to file Statements of Financial Interests for the years 1979 - 1983 inclusive. Unless you remit to the Commission a check in the amount of $1,884.98 made payable to North Woodbury Township within 30 days of this Order, the matter will be referred to the appropriate law enforcement authority. B. You violated Section 3(c) of the Ethics Act in that your company transacted business with the township in which you are a supervisor, in excess of $500 in 1980 and 1982 without an open and public process. In light of certain mitigating factors, however, the Commission will take no further action in this matter. Your future conduct must conform to the requirements of the Act. C. There was no violation of the Act under the above circumstances as you did not use confidential information obtained as a township supervisor for personal benefit and no township equipment was utilized for similar purposes. Our files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 P.S. 408(a). However, this Order is final and will be made available as a public document 15 days after service (defined as mailing) unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code 2.38. During this 15 -day period, no one, including the Respondent unless he waives his right to challenge this Order, may violate this confidentiality by releasing, discussing or circulating this Order. Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year or both, see 65 P.S. 409(e). EMS/sfb By the Commission, He ►.ert B. Conner Chairman Mr. Harold Metzler R. D. #1 Martinsburg, PA 16662 Dear Mr. Metzler: cc: Public File STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 October 29, 1985 Re: Order No. 389, File No. 85 -01 -C On October 23, 1985, the State Ethics Commission approved your requested payment method for reimbursing the North Woodbury Township as required by Order No. 389. We have forwarded your check in the amount of $500 to the township. We will expect checks in the amount of $461.66 on March 30, June 30 and September 30, 1986. Sincerely, dwat'a M. Seladones Executive Director Mr. Harold E. Metzler R.D. #1 Martinsburg, FA 16662 Dear Mr. Metzler: EMS/na cc: Public Binder STATE ETHICS COMMISSION 308F|NANCEBU|LD|NQ RO. BOX 1147O HARRISBURG, PA 17108-1470 TELEPHONE (717) 783-1610 April 23, 1986 On October 23, 1985, the State Ethics Commission approved your requested payment method for reimbursing North Woodbury Township as required by Order No. 389-R. We have forwarded your check in the amount of $461.66 to the township. We will expect checks in the amount of $461.66 on June 30 and September 30, 1986. Sincerely, dward T1. Seladones Executive Director Mr. Harold E. Metzler R.R. 1 • MartinshOrg, PA 16662 EMS /na cc: Public Rinder/ Mailin Addross: STATE ETHICS COMMI SION P.O. BOX 11470 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 necemhe r 2, 1986 Re: Order 389 -R, File 85 -01 -C near Mr. Metzler: On necemher 1, 1986, the State Ethics Comm7sson received your payment for reimhursing North Woodbury Township as required by Order 389 -R. We have forwarded your check in the amount of $461.66 to the township. This letter will he part cf the Order and a pul:'. i c recor as such. Sincerely, 1 Edw Seladones Executive nirector State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania