HomeMy WebLinkAbout554-R HagenMr. Gerald Hagen
c/o George C. Mahfood
Rosen & Mahfood
628 Grant Building
Pittsburgh, PA 15219
Re: 86 -122 -C
A. Findings:
•
STATE ETHICS COMMISSION
:3Q8 P :NANCE BUIL,PING
HARRIS gIJRG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 44..R
DATE DECIDED: June 10 1988
DATE MAILED: June 24, X988
Dear Mr. Hagen:
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, the President of North Huntingdon
Township Board of Commissioners, violated Section 3(a) of the
State Ethics Act which prohibits a public employee's or public
official's use of office or confidential information gainri
through that office to obtain financial gain by being reimbursed
for attending conventions when you did not actually attend those
conventions.
1. You have served as an slected commissioner of North
Huntingdon Township, a first class township, 'since at lsast
1980.
2. Review of records on file with the township confirms that
the township has authorized the attendance by commissioners at
annual and semi - annual conventions of various municipal
government associations.
a. This practice has been in effect during your term as
township commissioner.
3. Records obtained from North Huntingdon Township disclosed
that payments were made on your behalf to attend the annual
convention of the Pennsylvan :a. State Association of Township
Commissioners (PSATC) held from J ar,e 15, 1980 to Jt!ile 18, 1980 at
the Downingtown Inn.
a You received from the township
4=. Gerald r-pgen
Pace
Commissioner: (PST"' from June 15, 198n to ,.7rne 18, 1980 at
the Downingtown Inn._
a. You received fro._a the "Lc aship
$300.00 - per diem $75.00 x 4 days
86.70 - mileage 510 miles x 17b /mile
11.10 - tolls
$397.80
40.00 - Registration
$437.80
b. : costs $36.00 per day, per person based on
dor "le occupancy. These costs included overnight
Eccom and three meals a day beginning on day
cf arrival and concluding with lunch the day of
departure, plus taxes. Single occupancy rates were
$46.0 per day, per person.
.
"'oar actual expenses:
$276.86 - hotel bl.w.'. includes r'ami�y )
86.70 - mileage
11.10 - tolls
$374.66
d. Actual reimbursable expenses:
$374.46
78.00 - Difference between Jitigle and double
$296.66 rates x 3 days
e. You agree that you were over paid by $141.14 for
attending this convention.
(1) Registrations are to be included as part of
per diem expenses.
4. Township records disclosed that you attended the 1981 annual
conference of the Allegheny League of Municipalities (ALOM) from
April 2, 1981 to April 5, 1981. Payments made to you and actual
expenses are :
a. You received from the township:.
$140.00 - per diem, $35,00 x 4 days
13.60 - mileage
$153,60
Mr. Gerald Hagen
Page 3 _
b. Allowable expenses:
$136.50 - per diem
13.60 - mileage
$150.10
c. You agree that you were overpaid by $2.50.
5. Township records disclosed that you attended the annual PSATC
Convention held from June 28, 1981 to July 1, 1981 at Tamiment
Resort in the Poconos. Payments made to you and expenses were:
a. You received from the township:
$300.00 - per diem $75.00 x 4 days
122.40 - mileage 720 x 17 /mi
$422.40
60.00 - Registration
$482.40
b. Per diem costs were listed at $65.34 /day single roam
rates.
c. Reimbursable expenses
$196.02 - $65.34 x 3 days
122.40 - mileage
2.06 - misc.
$320.48
J. You agree that you were overpaid by $161.92 for
attending this conference.
(1) Registrations are to be paid from per diem
expenses.
6. You attended the 1982 ALOM Conference held from April 1,
1982 through April 4, 1982 at Seven Springs Resort. Payments
made to you and actual expenses were:
a. Yoc received from the township:
$240.00 - per diem $60-.00 x 4 days
_ 13.60 - mileage 80 x 1n/mi
$253.60
Actual expenses
Mr. Gera
Pc s- 4
$313.00 - hote °,i11, includes family
13.60 - mileage
$323.60
c. You were only entitled to the single room rate at 63%
of the actual bill ($310.00 x .65) or $201.50.
d. Reimbursable expenses computed at
$201.50 - room and board
13.60 - mileage
$215.10
e. You agree that you were overpaid by $38.50 for
attending this conference.
7. You attended the 1983 annual convention of the PSATC held
from June 26, 1983 through June 29, 1983 at Tamiment in the
Poconoc,. Payments made to you and expenses were:
a. You received from the township:
$ 20.00 - Registration
300.00 - Per diem $75.00 x 4 days
158.40 - mileage 120 x 22s /mi.
$478.40
b. Room rates were $72.60 /day, meals included based on
single occupancy.
c. Reimbursable expenses computed as:
$217.80 - 72.60 x 3 days
158.40 - mileage
$376.20
d. You agree that you were overpaid a total of $102.20.
This includes per diem and registration.
8. Records confirm that you attended the 1984 ALCM conference
held from April 5, 1984 through April 8, 1984 at Seven Springs
Resort. Payments made to you and actual expenses were:
a. You received from the township:
$360.00 - per diem $90.00 x 4 days
17.60 - mileage 80 x 22t mi.
$377.60
Mr. Gerald 7
Page 5
b. ie townshir also paid .c.gistrat on in the amount d.
$110.00.
c. Ycur actual reimbursable expenses:
$52.80 - mileage $17.60 /day x 3 days
3.30 - tolls
35.00 - meals
$91.10
d. You commuted to the conference on a daily basis.
e. You admit that you were overpaid by 286.50 for
expenses.
9. Memo dated April 19, 1984 to Mary McKay, North Huntingdon
Township Secretary, from you states that you are in the process
of transmitting exact expenses for the ALOM held at Seven Springs
on April 5, 1984 to April 8, 1984, and as soon as expenses are
completed, you will submit them along with a personal check
refunding and all expense money not used.
a. No receipts were ever submitted or money returned.
10, Records confirm that you attended the 1984 fall convention
of the Allegheny County and Western PA Association of Township
Commissi.)ners from September 27, 1984 through September 30 1984
at Seven Springs Resort. Payments made to you and expenses were:
a. You received from the township:
$360.00 - per diem $90.00 x 4 days
17.60 - mileage 80 mi x 22 /mi
$377.60
h, Reimbursable expenses:
$ 70.40 - mileage $17.60 per day x 4 days
140.00 - Compensation $35.00 /day x 4, per section
$210.40 §55611 Township Code
c. You admit that you did not stay at the hotel and that
you commuted to the conference on a daily basis.
d. You admit that you were overpaid by $16e.20 for
expenses.
Mr. Gerald
Paje 6 -
11. You did not submit an: receiptb to North Huntingdon Township
for expenses occurred although the township records disclose AC &
WPATC forms certifying that you were in attendance and entitled
to full remuneration. This was a blank form which was signed by
Matt Mathews and was completed by you - claimed as remuneration
was the amount of $377.60.
12. Records confirm that you attended the 1985 conference of the
AT held from April 11, 1985 to April 14, 1985 at Seven Springs
Resort. Payment made to you and expenses were:
a. Your received from the township:
$360.00 - per diem $90.00 x 4 days
17.60 - mileage 80 x 2n/raj.
$377.60
Conference registration paid by township $125.00,
Reimbursable expenses:
$70.40 - mileage 320 x 22b /mi (4 days)
50.00 - meals
$120.40
d. You do not recall staying at the hotel, but believe you
commuted on a daily basis.
e. You agree that you were over -paid by $257.20 for
expenses.
13. Township records disclose
reservations and payments made
the 1985 PSATC conference held
1985 at Split Rock Lodge, Lake
the following registration,
to you or on your behalf to attend
from June 16, 1985 to June 19,
Harmony.
a, Conference registration paid by the township - $60.00
b. Room reservation for you, your wife and children in an
amount of $61.00 paid by the township. (Deducted from
per diem)
c. You received from the township:
$360.00 - per diem $90.00 x 4 days
132.00 - mileage 600 x 220/mi
$492.00
Mr. Gerald Hager
Page 7 _
Costs for attending were $80.00 per day single
occupancy.
e. - Reimbursable expenses:
$240.00 - $80.00 x 3 days
132.00 - mileage
$372.00
f. You agree that you were overpaid by $180.00 for
expenses. This includes $120.00 per diem and $60.00
registration.
14. You furnished to a State Ethics Commission investigator a
copy of a guest bill from Split Rock Lodge bearing your name.
a. The bill is for the period beginning June 16, 1985.
b. The daily rate is computed as $137.00 (61.00 x 2
adults = $122.00 + $15.00 child rate =- $137.00)
c. $350.00 total balance paid by Visa on June 19, 1985.
d. Monthly credit card bill listing charge of $350.00 to
Vacation Charters Lt.,Lake Harmony, PA on June 17,
1985.
(1) Credit card bill listing Receipt No. 5788297
dated June 17, 1985 showing $350.00 charge to
Split Rock Lodge.
15. Township records disclose the following reservations,
registration and payments made to you or on your behalf to attend
the 1986 . Spring ALOM conference held from April 3, 1986 through
April 6, 1986 at Seven Springs Resort.
a, Conference registration $140.00
b. You received from the township:
$360.00 - per diem $90.00 x 4 days
17.60 - mileage 80 -x 22O /mi
$377.60
Reimbursable expenses
Mr. emerald Hag ,
Page 8 _
- rorx - Tccupancy rate
17.60 -- mileage
$281.60
d. You agree that you were overpaid $96.00 .fc expenses,
16. Township records disclosed the following reservations,
registrations and payments made to you or on your behalf to
attend the 1984 annual conference of the PSATC held from June 24,
1. through June 27, 1984 at Mount Airy Lodge, Mt. Pocono, PA7
e. Registration $70.00
b. roil received from the township:
$300.00 - per diem $75,3) x 4 days
145.20 - mileage 660 x 2n/mi
$445.20
c Single occupancy rates were $75.00 /day
d. Reimbursable expenses
$300.00 - room & meals and registration
145.00
$445.00
e. You agree that you were overpaid $70 -0) or the
registration costs.
17. You have also attended various (tally conferences and
dinner meetings for which you received expense reimbursements,
These include :
a. May 2, 1985 AC & WPATC Spring Dinner Meeting
(1) $90.00 - per diem
4.40 - mileage
$94.40
(2) Reimbursable expenses
$35.00 - dinner costs
4.40 - mileage
$39.40
Mr. Gerald Hagen
Page 9
b. September 14, 1985 Westmoreland County Boroughs
Association Meeting.
(1) $10.00 - registration
90.00 - per diem
4.40 - mileage
$104.40
18. Excerpts from North Huntingdon Township Solicitor Thomas
Cole's work log disclosed the following regarding per diem
payments to township commissioners:
a. May 7, 1984 - Met with Commissioner Hagen re:
conferences and $90.00 - /day etc. Write for an opinion
from John Means, need definitive guide. $90.10 per
diem, entitled to $90.00 on May 10, 1984 conferencI,
Mary (Township Secretary Mary McKay) called Elizabeth
Township, township pays registration which included
dinner and mileage:
In re: Letter to John Means, per diem,
Commissioner Hagen did not like wording, different
wording - general guidelines, how much
documentation - I can reword letter.
August 22, 1984 - Telephone discussion with Mary McKay
re: $90.00 per diem payments to Commissioners Beeler
and Ludwicki. Mathews (Matt Mathews, ALOM) contacted
and no one uses the $90.00 unless for a day, i.e. lost
wages. McKay to discuss with Beeler and Ludwicki,
c. April ), 1985 - Attendance at seminars, conferences,
schools, etc., as authorized by board or in the budget
shall be paid for by the township including but not
limited to registration gees and mileage; covers
elected or appointed township officers and employees.
(3) You agree that you were overpaid $55.00 expense:
reimbursement.
(2) Reimbursable expenses
$35.00 - compensation
4.40 - mileage
49.40
(3) You agree that you were overpaid $55.00 per diem
expenses.
Mr. Gerald I: o en
Page 10 _
Actual expenses up to $90.00iday for elected and
appointed officials - discussion as to problem of
language in the code.
19. The following correspondence was obtained from Solicitor
Coles regarding the per diem payments:
a. May 29, 1984, letter from Coles to John Means, Legal
Counsel to the PSATC, requesting general guidelines as
to how much of the $90.00 per diem must be documented
through invoices, receipts and statements, or is
$90.00 simply a per diem that need not be documented
b. June 1, 1984, reply to Coles from Means which notes
three. Sections of the First Class Township Code
concerning the per diem. Section 611, County
Association Conferences $35.00 /day plus mileage, no
receipts needed. Section 622, State Conventions, not
to exceed $75.00 /day plus mileage, plus registration
fees, only actual expenses are collectible and
receipts should be kept as proof. Section 624
Conference and Schools, actual expenses up to
$90.00 /day plus mileage and registration. Only actual
expenses are collectible and receipts should be kept.
Section 611 and 624 should be read pri-matera.
c. June 4, 1984 Coles to the North Huntingdon Township
Commissioners endorsing the Means letter June 1, 1984
d. May 20, 1986, Coles letter to North Huntingdon
Township Manager Robert Arch regarding the per diem
allowance. Coles opined that no rules, decision, etc.
could be found that indicate a commissioner has to
return any portion of the $90.00 if the actual cost is
less than $90.00. Coles stated that each conference
must be evaluated separately and that the law was clear
that a Commissioner cannot receive any compensation
other then the salary he receives by law. It would be
improper for a Commissioner to "make" money as the
result of attending a conference, seminar or meeting.
e. May 21, 1986, Coles letter to Arch amending the May 20
1986 letter by stating that-the $90.00_per day is also
applicable to day conferences where overnight stay is
required.
20. Township minutes confirm that on May 8, 1935 the North
Huntingdon Township Commissioners passed Resolution No. 117 of
Mr. Gerald Hager
Page 11 _
1985 involving expenditures for attending conferences, etc. You
are recorded as voting in favor of the Resolution which states in
part:
a. The current law with reference to conferences,
institutes and schools of elected . or appointed township
officers and employees and which such expenses are
hereby fixed at Ninety and 00 /100 ($90.00) dollars per
day; and
b. In addition to the provision contained in No. 1- the
current law provides for the payment by the Township of
North Huntingdon of the registration fee and mileage
going to and returning from conferences, institutes and
schools; and
c. Both the Ninety and 00 /100 ($90.00) per day and the
registration fee and mileage shall be paid by the
Township of North Huntingdon by the Township Secretary
when authorized by the board of commissioners of the
Township of North Huntingdon to attend conferences,
institutes and schools; and
d. Once approved, the payment of the ninety and no /100
($90.00) dollars and the payment of the registration
fee and mileage reimbursement shall be made
automatically and forthwith by the township secretary;
and
e. Those who attend conferences, institutes and schools
shall return to the township secretary the proof of
attendance form duly executed by an authorized person
of the conference, institute or school, and in the
absence of a proof of attendance form duly executed and
returned to the township secretary, the individual may
present actual vouchers and receipts as proof of
attendance at the conference, institute or school.
21- The North Huntingdon Township Auditors in annual reports
for Lhe years 1982, 1983 and 1984 stated that all expenditures
should be documented and receipts kept on file.
4, You stated that you were not aware of that
recommendation, but that you normally turned in
whatever documentation was required.
22, You p::oviued the following information to a State Ethics
Commission investigator:
y1r. Gerald Aagen
?age 12
a. On the dates when you were working at your profession
as a teacher, it would be possible for you to teach on
the first day of a convention, normally a Thursday,
and then go to the convention, which did not usually
start until 4:00 p.m., on the first day. You said
that first business session would not start until 9:00
p.m. -
b. You denied that you ever were aware that documentation
for expenditures was required.
c. You admitted to sending the April 19, 1984 memo to Mary
McKay (Finding No. 9). You also stated that you did
not stay at the convention and that you intended to
return to the township money not used, but you were
convinced by your associates, not to do so.
d. You could not recall ever seeing the letter from John
Means.
Discussion: As a township commissioner in a.township of the
first class, you are clearly a public official as that term is
defined in the State Ethics Act. 65 P.S. §402. As such, your
cond•ct must conform to the requirements of the State Ethics Act
and the restricted activities of that law apply to you. See
Hanlon, Order 400 -R.
The State Ethics Act provides as follows:
Section 3(a) of the Ethics Act provides:
Section 3. Restricted Activities.
(a) No public official or public employee
shall use his public office or any
confidential information received through his
holding public office to obtain financial
gain other than compensation provided by law
for himself, a member of his immediate
family, or a business with which he is
associated. 65 P.S. 403(a).
This Commission, in the past, has reviewed the above
provision of law specifically in relation to the of expense
allowances in relation to certain public officials and the
retention of excess funds relating to such expense allowance
Generally, in reviewing the county code provisions in relation
expense allotments for officials who attond the annual meeting
Mr. Gerald Hagen.
Page 13
of the State Association of County Officials, this Commission
specifically determined that such officials were only entitled
to receive their expense allowances as actually incurred up to
end not exceeding certain per diem amounts for attendance at such
meetings. The Commission made this determination based upon a
specific review of the county code provisions allocating such
expense allowances and under the provisions of the State Ethics
Act applied thereto. The Commission further determined that
any funds in excess of this amount, received and retained by said
officials through their official positions, would constitute
financial gain other than the compensation provided for by law
and, thus be a violation of Section 3(a) of the State Ethics
Act. See Bigler, Opinion 85 -020.
Specifically, the Commission determined that because the
municipal code only permitted expense reimbursements for actual
expenses or within a certain dollar amount, funds requested and
received in excess of the permitted expenditure through the
public official's office and retained by said public official
would constitute a financial gain other than the compensation
provided by law. Public officials who, through their public
positions, receive and retain excess funds would thus be in
violation of Section 3(a) of the State Ethics Act.
The foregoing analysis was reaffirmed in Hawkins, Order 368.
IA Hawkins, supra, this Commission determined that a county
sheriff had violated Section 3(a) of the State Ethics Act when,
through his position, he requested and received expense
allowances for attendance at a state sheriff's convention in
excess of that which was permitted by the code. Specifically,
the county sheriff received certain funds even though he had not
attended the convention. Additionally, he had received funds in
excess of that specifically allowed by the county code.
Similarly, it was determined that a county official would not be
permitted to receive reimbursement for attending a convention of
the official's organization if such individual did not, in fact,
attend. See Shultz, Order 369. This Commission's analysis in
all of these cases was based upon long standing judicial
interpretation of these provisions of law. See Bechak v. Corak,
414 Pa. 522, 201 A.2d 213, (1964); Susquehanna County Auditor's
Report, 118 Pa. Super 47, 180 A. 148, (1935); Walker v. Somerset
County, 26 D & C 2d 775, (1961).
In the instant situation, in order to determine whether
Section 3(a) of the Ethics Act has been implicated through the
activity as outlined in the findings of fact, it is necessary to
first review what compensation in the form of expense allowances
is permitted by the First Class Township Code as then enacted.
Kr- Gera..d hagEn
Page 14
Baser. upon a determination as to wha':, compensation is permitted,
this Commission will then be able to determine if you, through
your public position, obtained financial gain in the form of
excess expense allowances when such was not provided for by law
as part of your compensation.
The First Class Township Code, which was applicable for the
period of time in issue, generally set forth three separate and
distinct categories of expense authorizations in relation to
conferences, schools, seminars and conventions. Initially, the
township code provided for the establishment of county
associations of township officers. Such associations are
mandated to hold annual conventions or semi - annual or quarterly_
conventions, conferences, institutes or schools. 53 P.S. §55610.
Township commissioners authorized to attend such conventions
of the county associations are permitted reimbursement on a per
diem basis. The township code, in this respect, provided as
follows:
Membership of associations; expenses of
members
The township commissioners and other
officers of the township designated by the
township commissioners shall attend such
conventions, conferences, institutes or
schools whenever possible. Each township
officer attending such convention,
conference, institute or school shall receive
a certificate, signed by the presiding
officer and a secretary or acting secretary
of the association, attesting his presence
at the convention, conference, institute, or
school. Such certificate shall entitle him
to collect from the township treasurer the
sum of thirty -five dollars per day for each
day's attendance and mileage at the rate of
twelve cents per mile traveled, to be
computed by the route usually traveled from
his place of residence to the place where the
convention, conference, institute or school
is held. No township officer shall be paid
for more than seven day's attendance ih any
one year. The expenses of holding any such
convention shall be paid pro rata by the
townships joining therein. 53 P.S. §55611,
Mr. Gerald Hagen
Page 15 -
In addition to the foregoing, the township code also
provides for the formation of a state association of township
commissioners. The association is mandated to hold annual
meetings within the Commonwealth of Pennsylvania which township
commissioners may attend.- The expense allowances for
commissioners so attending were provided for as follows;;
Expenses of delegates paid by townships
Each delegate and other officer attending
the annual meeting of the State association
shall be allowed for his expenses incurred in
attending the meeting, not to exceed ninety
dollars per day for not more than four days
including the time employed in traveling
thereto and therefrom, together with mileage
going to and returning from the meeting.
These expenses shall be paid by the
respective townships. 53 P.S. §55622.
I�. should be noted that the prior per diem expense
all tient, as noted above, was previously fixed at $50 per diem
and O a later time, increased to $75 per diem, prior to the most
recer..t allotment.
Finally, the First Class Township Code provided that
township officials may attend other conferences, institutes and
schools aid be allocated expenses for attending such schools and
conferenc ;, as follows:
Ccnferences, Institutes and schools
Tie actual expenses for attending the
conferences, institutes and schools of
elected or appointed township officers and
employes, which shall be limited to ninety
dollars ($90) per day, plus the registration
fee and mileage going to and returning from
such meetings, may be paid by the township
when authorized by the board of township
commissioners to attend conferences,
i-lstitutes and schools in order to discuss
and resolve the various questions arising in
the discharge of the duties and functions of
the respective officers and employes, and to
provide uniform, efficient and economical
methods of administeving t Eeir township
duties. 53 P.S. §55 "A.
Mr. Geca " Hag -
Page 16
Once again, it should be noted that the actual per diem
allotment, as set forth in the above provision of law, was
originally fixed at $20 and later raised in 1974 to $35, in 1982
to $60 and finally in 1984 to $90 as enumerated above.
Although not relevant for the time period here in issue, the
above three provisions of the First Class Township Code have `eon
amended by Act 8 of 1988 wherein under the current law, the
Commissioners are entitled to basically the registration fep
mileage and actual expenses for which an itemized accountirg at.st
be submitted.
In applying the above provisions of the township code,'_ °..3
clear,and you do not dispute the fact, that you have receive"
excess reimbursements above that which is provided by law. Tila
total amount of the excess funds is $1,613.16.
Based upon a review of all of the foregoing, you violated
the State Ethics Act when you, as a township commissioner,
requested from the township, expense payments for participating
and attending conferences in excess of that to which you were
entitled. Additionally, it must be noted that you have exhibited
through your conduct, a pattern of activity wherein you
consistently have requested funds in excess of that to which 1ou
were entitled. You have used township funds which are to be
allocated only for official purposes for benefits that included
reservations for your wife and expense allotments that included
payments for items of your immediate family members. Clearly the
use of township funds for this purpose is in violation of the
State Ethics Act.
Generally, the State Ethics Act provides as follows:
Section 9. Penalties.
(a) Any person who violates the provisions of
Section 3(a) and 3(b) is guilty of a felony
and shall be fined not more than $10,000 or
imprisoned for not more than five years, or
be both fined and imprisoned. 65 P.S.
Section 409(a).
The Act further provides:
(c) Any person who obtains financial gain
from violating any provision of this act, in
addition to any other penalty provided by
Mr. Gerald Hagen
Page 17
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.
Section 409(c).
The State Ethics Commission also has the authority to make
an affirmative recommendation to an appropriate law enforcement
authority for the initiation of criminal charges pursuant to tree
above provision of law or for the dismissal of charges pending
upon factual circumstances.
This Commission has also been granted the authority to offer
the opportunity to an individual who has obtained financial gain
as a result of a violation of the. State Ethics Act the
opportunity to divest himself of said gain. See McCutcheon -P.
State Ethics Commisson, 77 Pa. Commw. Ct. 529, 466 A.2d 283
(1983). See also Yocabet v. State Ethics Commission, Pa.
Co-mw. Ct. , 531 A.2d 536 (1987). The Commission has, on a
numaer of occasions, offered individuals the opportunity to
divest themselves of the gain received and thereafter,
recommended no further criminal action. Your financial gain
which was not provided by law in the instant situation equals the
combines: amount of excess expense allotments that you received.
This amount totals $1,613.16.
Based upon all of the foregoing, you must return to North
Huntingdon Township the amount of excess expense allotments which
you received. You must, within thirty days of the date of this
order, remit payment to the State Ethics Commission made payable
to North Huntingdon Township; otherwise this matter will be
referred to the appropriate law enforcement agency for further
review and appropriate action.
C. Conclusion and Order:
1. As a commissioner for North Huntingdon Township, you are
a "public official" subject to the provisions of the Ethics Act.
2, You violated Section 3(a) of the State Ethics Act when
you, as a township commissioner, requested, received and retained
township funds for attendance at various conventions, conferences
and schools in excess of that which was provided for by law.
3. You must, within thirty days -of the date of this order
remit to the State Ethics Commission made payable to North
Eun dngdon Township the amount of excess expense allotments which
you received which totals $1,613.16.
Mr. Gerald .Hagen
Page 18
r. If you do not comply with the provisions of paraghaph 3
:dove, this matter will be referred to the appropriate law
enforcement agency for further review and appropriate action.
Our files in this case will remain confidential in
accordance with Section 8(a) of the Ethic Act. 65 P.S. §408(a
However, this Order is final and will be made available as a
public document 5 days after service (defined as mailing).
By the Commission,
Joseph W. Marshall, III
Chairman
Mr. Gerald P. Hagan
12759 Ridge Road
North Huntingdon, PA 15642
such.
JJC /na
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
August 24, 1988
Re: Order No. 554 -R, File No. 86 - 132 -C
Dear Mr. Hagan:
On August 8, 1988, the State Ethics Commission approved your
requested payment method for reimbursing North Huntingdon
Township as required by Order No. 554 -R.
We have forwarded your check No. 1009 dated August 8, 1988
in the amount of $403.29 to North Huntingdon Township,. We will
expect checks in the amount of $403.29 on December 15, 1988,
March 15, 1989 and June 15, 1989.
This letter will be part of the Order and a public record as
cc: Public Hinder
n J. 'ontino
.2
xecu ve Director
Mr. Gerald P. Hagan
12759 Ridge Road
North Huntingdon, PA 15642
Re: Order No. 554 -R, File No. 86 -132 -C
Dear Mr. Hagan:
On August 8, 1988, the State Ethics Commission approved your
requested payment method for reimbursing North Huntingdon Township as
required by Order No. 554 -R.
We have forwarded your check No. 0368 dated December 15, 1988 in
the amount of $403.29 to the North Huntingdon Township. We will
expect checks in the amount of $403.29 on March 15, 1989 and June 15,
1989.
such.
JJC /rda
This letter will be part of the Order and a public record as
cc: Public Binder
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 1 71 08 -1 470
TELEPHONE (717) 783 -1610
December 29, 1988
Sincerely,
hn J. Contino
Executive Director