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HomeMy WebLinkAbout628-R MarshMs. Lorna Marsh 1239 S. Brady Street DuBois, PA 1-80.L Re. 85 -030 -C a . 2. Your officer. a. STATE ETHICS COMMISSION 308 FINANCE BUILDING ORa'BV' G 1'ilebVIIVIAVEf8N ORDER NO. 62 -R Date. DeJided: December 1988 a s Maild: Dt�rtr�m}�A i i gaQ TLe Ethics Commission has received a complaint regarding you and a possible violation of Act 170 of 1978. The Commission has now completed itr investigation. The individual allegations, conclusions, and findings on which those conclusions are based are a follows: I. Allegation: That you, a Supervisor in Sandy Township, violated Section 3(a) of the State Ethics Act whi prohibits a public official's or public employee's use of office or confidential information reMoived through holding public office to obtain financial gain other than compensation provided by law for himself, a member o2 his immediate family or a business with which the official is associated, when you participated in an action to disband the sewage authority to avoid payment of a bill which you owed the authority and when you participated in actions which resulted in your husband be!,ng appointed zoning officer for the township and receiving an increase !n his wages. A. Findings: 1. You serve as a township supervisor i:z Sandy Township, Clearfield County, Pennsylvania. You also served as the secretary /treasurer of the Board. husband, Darrell (Wick) Marsh, serves as the township zoning He has served in this position since 1979. b. This appointment was made prior to your service as a c. This position is part -time. 3. In 1960, the Sandy Township Board of Supervisors enacted Ordinance No. 115 regarding the township sewer system. Ms. Lorna Marsh Page 2 4. Sandy Town. 'yip 077dinance No . 115 (enacted in 160) provides, in part, that "all owner (sic) of property accessible to and whose principal building is within one hundred fifty (150* feet from the Sanitary Sewer leased by the township from the authority are hereby d4_rected and required to make connection with such sewer ..." a. The ordinance provides that the cost of such connection is to be at the expense of the property owner. b. Violation of the ordinance is fixed as a $50 fine, costs of prosecution or in default thereof, imprisonment for no more than 30 days. c. Amendments to the ordinance increasing sewage rates were enacted in 1975, 1984 and 1986. G. The 1975 amendment which set rates for sewage usage provided, in part, as follows. Ali owners of property either connecting to o which should he connected to the sewage system under applicable ordinance of the township shall pay to the township the following rentals or charges for sanitary sewage service. 5 The municipal authority opined that your property at 1239 South Frady Street was required to be connected to the township sewer sylt,:m and as a result, you were charged sewer rent pursuant to the townzhin ordinances. a. The authority initiated efforts to insure that you would tap -in to the township sewer system. b. As a result of authority sewer billings for your property, an arrearage of approximately $1,900 accumulated. c. You did not pay this bill as the validity of such billing was contested by you even many years before you bec : -me a Supervisor or your husband an employee of the township. 6. Minutes of the Sandy Township Municipal Authority provide, in relevant part, as follows regarding the tap -in of your property cnd your sewer bill. November 21, 1980 - Frank Anderson asked what has been done about township employees who do not pay their sewage bills. James Fragle told Jim Anderson that it is up to he (sic) supervisors to inform the employee that the matter should be Ms. 74orna harsh Page reso1 ec . Jim Anderson told him that the supervisor would take npre of this. b. June 17, . °.981 - Correspondence from Richard Milgrub on the :ars'1 claim. This letter was discus:;ed. Motion was made by Fri Ares: Anderson, seconded by Emery Kline, to proceed with legal proceeding on this case. Roll call vote. James 'iagle, yes, Frank Anderson, yes; Don Smith, yes, and Eme:y K1. -io, yes. Motion carried. Frank Anderson stated that the authority should determine a,f', the ordinance requires every property within 150 feet tc tan in. c. July 28, 1981 - The Board decided to write to the Marshe.4 and give them 60 days to tap into the sewer or the authority would do the work and bill them. d. August 25, 1981 - Frank Anderson asked if the Marshes iiad received their letter informing them to connect yo the sewer line. James Fragle told him they had not. The prope : to be measured. e. October 27, 1981 - Darrell Marsh Account No. 152 -9. The board decided to send a certified letter outlining the ordinance and informing them to tap into the sewer system within 60 days or the board would connect at their expense. f. December 29, 1981 - Frank Anderson wants the sewage manager ':o inform the board when the sixty days are up concerning the letter sent to Mr. and Mrs. Darrell Marsh. Jim Fragle stated a judge's decree would be gotten to get on the property to tap the sewer when the sixty days expired. March 23, 1982 - Lorna and Darrell Marsh of South Brady Street. A letter is to be written to Chuck Meyer of Lee-Simpson requesting the Marsh property be measured again for accuracy as the last time they were unable to determine where the sewer line was (i) The reason for the measurement was that a township employee had done some measuring and found the distance to be over 150 feet. g. The Board decided to ask John Anderson, on the sewer cre'7, to do measuring to see if the Marshes were 150 feet from the sewer line. Ms. Lorna Marsh Page 4 h. April 17, 1982 - Disbursement of bills presented for payment. February 19, 1982, Lee - Simpson, measure of Marsh residence and investigation of L/R 39 '.71.58. (1) Correspondence in letter dated April 20, 1982 from Lee - Simpson Associates informing the authority the Marsh Sewer line measure 141.03 feet. (ii) Correspondence out - Letter dated April 1, 1982 to Lee - Simpson requesting that Chuck Meyer measure the Marsh sewer tap. (iii) The board decided that because the Marsh property is within the 150 foot limit, the authority crew be instructed to immediately tap in the Marsh home to the sewer line and the sewage manager be instructed to bill the Marshes. i. M ?y 25, 1982 - The Board requested a letter be written :o Solicitor Ben Blakley concerning the Marsh property, informing him that Mr. Powers reported that the sewer crew has not been allowed on the property to complete the tay) in. The board requested Mr. Blakley to determine if this were true and if so, to obtain a court order so that the project could be completed. June 22, 1982 - Correspondence in - copy of a letter dated June 2, 1982 from Ben Blakely to Mr. and Mrs. Darrell Marsh . informing them that if they are not in compliance with the township ordinance by June 18, 1982, charges will be filed. (i) Correspondence out - Letter dated May 28, 1982, to Ben Blakely requesting him to contact the Marshes and verify whether the sewer crew was not permitted on property and if so, advising him to request a court order for same. k. July 27, 1982 - Correspondence in - letter dated June 28, 1982 from Ben Blakley to Irwin Fennell informing him that the distance between the Marsh property and the sewer line is 141.03 feet and requesting him to instruct his clients to connect the sewer line. 1. March 23, 1983 - Business, Lorna and Darrell Marsh. About the documents to be signed by Jim Anderson in the suit against the Marshes, get them signed and down to Wes Read for court date and suit of Township v. Marshes. m. June 28, `'T - Cor°respond ,nce in citation dated June C, 1U? ? sa gner by William Beer to Wick ;n, d Lorna Marsh of Sou' ". ' iaLy S reet because they aro within 150 feet from the mar line and not connected. n. August 23, 1983 - Correspondence in - copy of letter fren Fragle to the supervisor informing them of his resi7natio h from tha authority board effective Augu3 2t , 1987. .?gyp: ial. 24, 1984 - Smoke testing, after much discussion it was ( ` 'x.deC that a letter would be written to the super,ri c r , k:1 i their permission to hire Mr. Marsh to ind pect 121: aes that were found in violation as a result of t!- s d;oe t ^sti:ig done by the township and the report by Lee - -C impeo A 'ley would like him to inform the sewage manager to write 'A lc necessary letter informing the residents what, of correction needed to be done and giving them 30 days ;o mad the corrections, at the end of that time, direct Mr. Aarsh to coo back out and inspect the to see if the violations had been corrected. The board would like this started as soon as possible. p. June 26, 1984 - Supervisor requested the board of supervisors and the authority board to terminate the management agreement immediately. Motion by Frank Anderson, seconded by Emery Kline, to write the supervisors a letter and inform them that the board has no objections to agreeing to terminate the management agreement between the two boards and also the daily operations effective July 1984. The supervisors are also to be advised that the following board member hereby tender their resignations as merrh)ers of the authority board effective July 1, 1984, Frank Anderson, Emery Kline, Donald Smith and Samuel Kish, Roll call vote. Frank Anderson, yes; Emery Kline, yes; Ion Smite:, yes. June 26, 1984 - Correspondence in Richard'Milgrub, Township Sjiicitor, informing the board that the supervisors ha-°-= decided to exercise their right under Section VI to terminate the management agreement with the authority board upon 180 lays written notice. The township would pref,r the management agreement be terminated immediately if the authority has no objection and if they do, the supervisors wish a monthly statement be supplied by the end of each month. q. Ms. LornP. Marsh. Page 5 Ms. Lorn Marsh Page 6 7. Minutes of the township board of supervisors' meetings provide.:, in part, as follows in relation to the transactions between the municipal authority and the supervisors. a. March 12, 1984 - The municipal authority forwarded the Kiwanis Park Water Study to the supervisors to handle (i) Joe Romeo questioned the board as to why the authority had turned over the water duties to the board and has only retained functions regarding sewage. Mr. Hanes reported that it is still up in the air but thic particular project concerning water in Kiwanis Park will be handled by the supervisors. b. April 14, 1984 - Letter from the Sewage Authority wanting to crow what the supervisors intend to do about the vacancy on their board because Mr.•Kail has resigned and the supervisors have not made any recommendations. Lorna stated this is the first time that the Authority has come to the su arvisors concerning the vacancy even though the sufrvisors were at the meeting of the authority when the letter of resignation was given to them. Some consideration can be given for the next meeting. c. June 4, 1984 - Mr. Corbet stated due to the continuing coordination problems the supervisors are having with the sewage authority on sewer rates, sewer maintenance, 'iho's doing what, financial statements which are not being received on a timely basis etc. I would like to make a motion that the municipal authority be given formal notice that the supervisors are revoking the six month clause and terminating the management agreement for the sewer system as stipulated in the management contract with a request that they turn the day -to -day operational responsibility over to the supervisors by the first of July instead of waiting out the whole six -month period. Also, turning over the day- to-day operations would include submitting to us, on a timely basis, the monthly report which they are requi' -d to do but have not been submitting under the terms on the lease agreement. Seconded by Lorna Marsh. Motion carcic d. July 9, 1984 - Letter from the Municipal Authority Chairman, Frank Anderson, informing the supervisors that all members are resigning from the authority, effective July 1, 1984. Mr. Hanes recommended that the supervisors hold off on doing anything on the new appointments until the question of whether we need an authority is answered by our solicitor. Mz.. Hanes made a motion that any further action Ms. Lorna i °arsh Page 7 on the appointment of the sewage au :iority be tabled until next meeting, seconded by Dan Corbet. Motion carried. Dan Corbet made cr -tion, seconded by John Hanes, that the resignation of the sewagra authority, namely Frank Anderson, Don Smith, Emery Kline and Sam Kirk, be accepted effective July 1, 1984. Motion carried. (You were present. e. Augu.'t 13, 1984 - Sewage authority. Because the bank has allowed the supervisor to take the sewage authority's yes• , nsibilities and the township attorney has checked this L1°t for the supervisors to accept his responsibility, Mx. Trbet made a motion for the supervisors to assume the operation of the authority for handling the sewage matt;ro. Seconded by Lorna Marsh. Motion carried. 8. Mr letter dated May 10, 1983, Township Authority Solicitor Benjamin S. Blakely, III, advised the Sandy Township Chief of Police, William Beer 3 , that a citation could be issued to the Marshes for a violation the township ordinance. 2. On or abo it June 6, 1983, citation No. N104338 was issued to Wic and Lorna Harsh for violation of the township ordinance cited in ?inding No. 1. 10. Sand- Yownship Municipal Authority Solicitor, Benjamin Blakley, provided tLo following information: a. There had been a long standing dispute between the Marsh family and the Authority regarding the hook -up to the township sewer system. b. The township ordinance required all residences within 150 feet of the main line to tap -in. c. The Marshes contended that their property was more than 150 feet away while the authority believed it was within the distance. d. The authority hired Lee - Simpson Engineers to measure the distance from the Marsh property to the main line. This survey concluded that the property was within the required distance. e. The Marshes refused to tap -in and the authority directed the township police chief to file a summary complaint before the District Justice. Ms. Lorna Marsh Page .8 'Ale District Justice found the Marshes guilty and ordered a fine plus costs. The Marshes appealed this ruling not on the basis of the distance involved, but on the basis of accessibility. il. By letter dated July 5, 1984, from Solicitor Benjamin S. Blakley to the Honorable John K. Reilly Jr., Judge, Clearfield County, Blakley advised as follows: a. This is to confirm our conversation of July 5th concerning the above matter. I have spoken with Dave King and he showed no opposition to continuing this matter until the Sandy Township Supervisors appoint a new member to the Sandy Township Municipal Authority. At that time, assuming that I am still the solicitor for the authority, I will discuss this case with them and determine whether they wish to proceed with the prosecution of this case. I will then communicate their decision to the District Attorney's Office Jo that they may schedule the matter for hearing or drop it :from their case list. L. The appeal was never heard. 12. Gretchen Powers, a clerk in the township office, advised that in 1984, she periodically forwarded meter reader sheets to Lorna Marsh for input to the computers. These included readings for the Marshes. The sht.ets would then be returned to her. Sometime in 1984, Marsh retu_r:;zed the meter reading sheets, one of which was the Marsh sheet which contained a hand written notation to delete. From that time forward, there were no meter reading sheets for the Marshes. a. The amount owed at that time was approximately $1,850. b.. Mr. Marsh told her that since they were not connected to the sewer line, she shouldn't be billed for the service. c. Ms. Powers did remove the account from the rolls as per the instructions. 13. the sewage account for Mr. and Mrs. Marsh was expunged after the municipal authority member had resigned and the supervisors assumed responsibility for the activities thereof. 14. Ms. Powers was a township clerk subordinate and answerable to the township' supervisors. 15. Township Supervisor, John Hanes, stated that the agreement with the authority was terminated based upon the fact that the authority was not operating in a sound manner. Ms. Lorna Marsh Page 9 a. Mr. Hanes was a prnponeat of torminating the agreement for that reason. b. The Marsh sewerage ?r ^blem was not a factor in his c. There was no concealment of this account on the -part of Mrs. Mars. 1 as this was something well known to all thr Sup? rvisors throughort their many work sessions, e.!thouah the amounts due on saxch accounts was not specifically known. 16. Dani_ Corbet served as a township supervisor in Sandy Township. a. :t w an with his initiative and that of Mr. Hanes to de soi._a:.hing about these types of accounts. b. Hrs. Marsh did not take such initiative. c. It was felt that it was only good business practice to put the accounts on inactive status indefinitely. d. He was also aware that the Marshes had such an account although he was not familiar with the exact amount. 17. James J. Fragle was a member of the municipal authority. a. He resigned in 1983. b. He stated that no pressure was placed upon him to resign. c. He believed that the authority was conducting its business appropriately. d. The sewer ordinance allowed for the billing of a customer even if they were not connected. 18. Emery A. Kline was a member of the municipal authority for approximately 10 years. a. He resigned along with the other authority members. b. Mr. Kline indicated that he believed that the problems between the authority and the supervisors were in part related to the attempt to have the Marshes. connect to the main -line. c. No direz.'t pressure was placed upon him t. resign. Ms. LorrR Fars. Page 10 d. The Marshes were not treated differently from any other persons. 19. Sam Kirk, former member of the municipal authority advised that tie authority members decided that if the supervisors continued to r^bstruct the authority operations, they would resign. a. No pressure was placed upon him to resign. 20. Donald Smith, former municipal authority member stated as fcllcws: a he Marshes had a large sewer bill which had not been paid. b. The authority had been attempting to collect on this bill. c. The authority had a good relationship with the supervisor until Lorna Marsh was elected to the board. d. The supervisors were willing to keep a token authority which would meet once a year but the authority members did no want this. 71. Minutes of the Sandy Township Board of Supervisor meetings provide, in part, as follows regarding the appointment of your husband as zoning officer. a. January 18, 1982, the Secretary explained that an inventory is needed for the 1981 audit and for revenue sharin :° - requirements. Jim Anderson stated Mr. Marsh has done the inventory this last couple of years. Motion by CraL.g Power, seconded by Lorna Marsh to have Wick Marsh do the inventory on Wednesday and Friday until it is completed and to have him do our inventory on Wednesdays and Fridays when he is not working on zoning. (You were present at this meeting). b. March 15, 1982 - Motion by Craig Powers seconded by Lorna Marsh to give Joe Volosky, Mechanic, and Darrell Marsh, `honing Officer, a cost of living raise of 8.7 %. JiLa Anderson voted no. c. January 3, 1983 - Motion by Craig Powers seconded by Jim Anderson to reappoint all present employees with the salaries remaining the same or as the contract spells out. ' Motion carried. (You were present at this meeting). d. January 3, 1984 - Mr. Hanes made the motion to appoint Lorna Marsh as temporary township secretary - treasurer Ms. Lorna Marsh Page 11 until we sc.e what h: are dog".- :..d. wroat chances to o iic( need. sconC. S:11 AL.:ar_son. 2 ,..on carri ^c'.. e. J -1, ; -y 9, 1 C' ' - The board presented a motion to appoint Wif=e Mars'. Zoning Officer, to fill the vacancy on tz Cool ty Planning Comrn _ssion. Motion by Jack Hanes, s. o �. by :° aoTMna Marsh to send a letter to the County Planninr .,�itr? lion recommending they appoint Mr. Marsh to this posit .on. The only compensation would be mileage. Mot ca*;gied. f. February 27, 1984 - Mr. Corbet made a motion for the Zoning Officer, Wick Marsh, to be made temporary Health Officer as tk.. two jobs do coincide with each other and to advertise to c• if anyone else is interested in the job. Seconded by Jolly. Hanes. Motion carried. (You were present at this meeting). g. March 26, 1984 - pan Corbet discussed increasing the :.ours for the Zoning Officer by 1/2 days for the days he is not presently working. He noted that the planning com.ission. was recommending this. Dan Corbet made a motion t lat the zoning officer's hours be increased to at least 1/2 :lay during the construction season for the days he is not working effective the 1st of April until such time an i,nc:7ease or decrease in hours is necessary. Second ::)y John Hanr3, ?,orna Marsh abstained. h. 7A 14, 1984 - Letter from the municipal authority asking periission to hire Mr. Marsh to inspect the violations listed and to inform the sewage manager of the name and c1 correction needed so letters can be written giving the owner thirty (30) days to make the repairs. After thirty (30) days Mr. Marsh could re -check to see if corrections have been made. Mr. Corbet made a motion we go aling with the Sewer authority in allowing them to hire Mr. Marsh a their cost, to perform these duties. Seconded by John Hanes, Motion carried. (You were present at this meeting). i. January 7, 1985 - Motion by Dan Corbet, seconded by John Hanes, to retain -hick Marsh as zoning officer for 1985, of a part -time basis with a wage increase of $.23 to $6.75. R3 holidays, vacation days, sick days or benefits. Motion • carried. Dan would like to note that the zoning officer has not had an increase for four or five years. (You were present at that meeting). Ms. Lorna Marsh Page 12 J January 6, 1986 - i:otion by Watson and seconded by Hae ; to give all of the non - -anion personnel a $.35 per hou :Rise. Motion carried, Marsh abstained. Motion by Hares and seconded by Watson that benefits be only for Gret':? a.d Gary and that no benefits were to be given to the part -':ime he_p. Motion carried. (i) Cameron wanted to know why we did not have anything on the agenda to appoint the zoning officer and health officer. Jack asked Lorna why not and she stated that it was necessary to re- appoint your personnel. Ed read in the list of items for the reorganizational meeting and it wasn't listed. Jack said that we would do sF. anyway. Motion by Hanes and seconded by Watson t,o re- appoint Wick Marsh as Zoning Officer. Motion carried. k. January 5, 1987 - Wages and benefits for non -union employees. Motion by Watson and seconded by Hanes to give full -time employees and the zoning officer a $.40 per hour increase in pay. Motion carried. Marsh abstained. 22. Minutes rf the township board of supervisors' meetings indicate thr following regarding payments to David Marsh for league ao the township zoning officer: DATE 1°lrch 15 June 14, J . MOTION /SECOND VOTE AMOUNT , 1982 Marsh /Powers Motion carried $37.84 1982 Marsh /Anderson Motion carried $80.30 January 6, 1986 - Motion by Watson and seconded by Hanes to give all of the non -union personnel a $.35 per hour raise. 'lotion carried, Marsh abstained. Motion by Hanes and seconded by Watson that benefits be only for Gretta & Gary and that no benefits were to be given to the part -time halp. Motion carried. Cameron wanted to know why we did not have anything on the agenda to appoint the zoning officer and health officer. Jack asked Lorna why not and she stated that it was not necessary to re- appoint your personnel. Ed read in the list of items for the reorganizational meeting and it wasn't listed. Jack said that we would o so anyway. Motion by Hanes and seconded by Watson to re- appoint Wick Marsh as Zoning Officer. Motion carried. Ms. Lorna Marsh Pecs 13 k. J: Lary 5, 1987 W'ac; :s e^nd benefi for non -union ex loI ees . Motion Dy Watson and seconded by Hanes to give al.. tul -time =rnpio,eos and the zoning officer a $.40 per 'ieur i -. crease in lay. Motion carried. Marsh abstained. 22. Minut(;s of the township board of supervisors' meetings indicate the folio -ing regarding payments to David Marsh for mileage as thr township z«ninc3 officer. DATE March lb, 1 982 June 14, 1J82 July 12, 1982 November 8, 1982 February 14, 1983 September 12, 1983 November 14, 1283 January 23, 1984 February 2'a, 1984 April 23, 198 May 14, 1984 June 14, 1984 July 9, 1984 October 8, 1984 December 27, 1984 January 28, 1985 MOTION /SECOND Marsh /Powers Marsh /Anderson Powers /Anderson (Marsh present) Power /Marsh Powers /Marsh Marsh /Anderson Powers /Anderson (Marsh present) Hanes /Marsh Corbet /Mars's Corbet /Marsh Corbet /Hanes (Marsh present) Corbet /Hanes (Marsh present) Corbet/Hanes (Marsh present) Corbet /Hanes (Marsh present) Corbet /Hanes (Marsh present) Marsh /Hanes VOTE AMOUNT Motion carried $37.84 Motion carried $30.30 Motion carried $51.0.2 Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried $38.72 $42.90 $79.42 $57.92 $31.94 $44.85 $88.44 $100.10 $59.84 $46.64 $105.16 $81.19 $71.06 Ms. Lorna Marsh Page 14 DATE February 25, 1985 March 25, 1985 April 22, 1985 May 13, 1985 May 28, 1985 June 24, 1985 September 9, 1985 August 12, 1985 October 14, 1985 November 12, 1985 December January 13, 1986 7ebruary 16, 1986 February'24, 1986 April 14, 1986 . MOTION /SECOND VOTE Corbet /Hanes Motion carried (Marsh present) Corbet /Hanes Motion carried (Marsh present) Corbet /Marsh Motion carried Corbet /Marsh Motion carried Corbet /Hanes Motion carried (Marsh present) Corbet /Marsh Motion carried Corbet /Marsh Motion carried Corbet /Hanes Motion carried (Marsh present) July 22, 1985 Corbet /Hanes Motion carried (Marsh present) September 23, 1985 Corbet /Hanes Motion carried (Marsh present) Corbet /Hanes Motion carried (Marsh present) Corbet /Hanes Motion carried (Marsh present) 1985 Corbet /Hanes Motion carried (Marsh present) Watson /Hanes Motion carried (Marsh present) Watson /Hanes Motion carried (Marsh present) Watson /Hanes Motion carried (Marsh present) Watson /Hanes Motion carried (Marsh present) AMOUNT $83.16 $67.76 $101.86 $88.66 $54.56 $121.44 $81.40 $93.50 $110.10 $54.78 $93.72 $74.58 $95.04 $48.18 $56.76 $47.50 $56.10 Ms. Lorna Marsh Page 15 DATE June 23, 198' July 14, 1986 August 25, 1986 September 8, .986 September 22, 1986 October 1986 December 22, 1986 January 27, 1387 February 23, 1987 March 23, 1987 April 15, 1987 May 11, 1987 June 8, 1987 June 22, 1937 July 13, 1987 August 10, 1987 MOTION,° SEONP Watson /Haney: (Marsh present) Watson /Hanes (Marsh present) Watson /Hanes (Marsh present) Watson /Marsh Watson /Marsh Watson /Hanes Marsh present) Watson /Hanes (Marsh present) Watson /Hanes (Marsh present) Watson /Hanes (Marsh present) Watson /Hanes Watson /Marsh Marsh /Hanes (Marsh present) Watson /Hanes Watson /Hanes (Marsh present) Marsh/Watson Watson /Marsh September 14, 19€8 Marsh /Hanes VOTE Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried Motion carried AMOUNT $149.82 $70.84 $47.08 $45.:4 $80.30 $51.26 $91.25 $100.1.0 $ 62,52 $11.0.62 $ 82.50 $: 3 . i0 $ °1.29 $ 52.80 $ 79,20 $125.40 $103.62 23. In addition to the above payments for mileage, the int.utes of the above citd meetings also indicate that the motions to pay bills (of which the mileage payments were part) includ'd approval of the payroll Ms. Lorna Marsh Page 16 expenditures which included Mr. Marsh's compensation as a zoning officer. 24. The township secretary advised that roll call votes are usually not taken regarding board of supervisor actions. a. A vote is generally recorded as "motion carried" which . indicates that the board's action was unanimous. b. The only time individual votes are recorded are when a supervisor votes "no" or abstains. 25. During your term of service as the township secretary /treasurer, you signed all checks disbursed by the township to your husband. 26. W -2 wages and earning statements for Darrell (Wick) Marsh obtained from the township provided. a. 1982 - $5,966.82 1983 - $5,914.22 1984 - $11,169.50 1985 - (missing) 1986 - $9,926.74 b. The above amounts represent payment to Mr. Marsh as township zoning officer. 27. You provided the following information relating to this L.unicipal authority. a. You acknowledged that you had an outstanding sewer bill of approximately $1,900. b. The accountant for the authority advised you that the authority could no longer bill anyone who was not connected to the main line. c. You told Gretchen power to remove the accounts of anyone who was not connected to the main line, not only your account. d. • You discussed this event with the other two supervisors, but you do not recall if you specifically mentioned your own account. Ms. Lorna 'ar Page 17 e. Th =e Te7e , records o :: ocher official documents regarding tic. F_E :tl Tl of the ar:.:Junto . f. o '10 not believe that your proper'•,y is acceL;s i.bl v to the 7.111, line because of the property slope. g. "CPA a °ld :'.tors noted in t °'Ae Township audit that the cit.iaquent accounts should be taken off the roles." h. The disbanding of the authority was in no related to your '•.ap -in problems or your delinquent, bills. 28. You o :_ovided '.ire following information regarding the erpa.oymtmt of your h sbar..d. .!y the township. m. `'c hava tried to stay out of your husband's work ,.ea. h. Tu.`ere u1aware that you could not vote to pay yo-77 'a sb7.;; ' s salary or mileage account. c. OthE -. ::owr..ship officials have voted for their thrall member . C. it rya. n't necessary to re- appoint the zoning officer t this .s: < was on the meeting agendas and it was always do a e. e '' )P. appointment of your husband as health officer wou.Ld not "ec•' , . i:i any additional compensation because there w- ire rid hours involved. f. -"mr atturney told you there would be no problem voting fc :. your hus' This advice was given after the fact. Your Attorney told you you should affirmatively abstain from voti.:g on matters involving your husband, and thereafter, you did so. h. If you did anything wrong, it was unintentional, is Your husband is the lowest paid employee. B. Discussion: As a '.ownship Supervisor in Sandy Township, you are a "public officia °." ar t"::at term is defined in the State Ethics Act. See Volpe, No. 579•.1. As such, you are subject to the provisions of the Ethics Act a;±Y tLe restrictions therein are applicable to you. Ms. Lorna Marsh Page 18 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 informa- tion 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). ;:section 3(a) basically provides that a public official may not office or confidential information to obtain a gain fcp ,cif or a member of his immediate family which is not compersation - ov.ded for by law. Ender Section 3(a) of the Ethics Act, this Commission has determined that any use of public office, such as voting, making motions or seconding motions or participating, whereby the public of °_ci - L receives any type of gain or benefit for himself or a member ct his immediate family which is not provided for in law constitutes a "financial gain other than compensation provided by law" contrary to Section 3(a). See McCutcheon v. State Ethics Commission, 77 Pa. Commw. 529, 466 A.2d 283 (1983). See also Yocabet v. State Ethics Commission, 109 Pa. Commw. Ct. 432, 531 A.2d 536; Koslow v. State Ethics Commission, Pa. Commw. Ct. , 540 A.2d 1374 (1988). "Immediate family" is defined, as follows, in the Ethics Ac`:: Section 2. Definitions. "Immediate family." A spouse residing in the person's household and minor dependent children. 65 P.S. S402. This Commission must first determine whether your activities relative to the expunging of your sewer arrearage constitutes a violation of Section 3(a) of the Ethics Act. In this regard, 'l'ownship Ordinance No. 115 specifically provided that all property owners in the township must hook up the municipal sewage system at their expense provided their building is within 150 feet of the -.rawer line. As to your property, the minutes of the authority reflect a decision that a letter be sent to you advising you to hook up to the sewer provided your property was within 150 feet; you were also advised that if there were non-compliance, legal proceedings would be instituted against you. After measurements were taken and it was Ms. Lorna Yarsh Page 13 determined the your reridence was within feet «f the sewer line, a crow was dispatched to your property fol. a swer hook up but they were not allowed on the property. Thereafter, 1 citation was issued against you on June 6, 1383, for violating Ordinance 115 regarding your failure to con:Rot to the sewer. Within the following year, a situa arose between the board of supervisors and the authority which resulted in the termination of the management agreement between those two entities followed by the assumption of the operation by the supervisors. On August 13, 1984, you seconded and voted in favor cf a rotiln regarding the transfer of the sewage authority's iesponsibilities by the supervisor. During thin time, one of your functions as supervisor was to input the meter reader sheets into .2.1e computer. On one occasion when the meter reader sheets, which included your property, were returned to clerk Gretchen Powers, your specific property had the notation "delete" written on it. When Ms. Powers questioned you about the deletion notation, you responded that you were not on the sewer, you shouldn't be billed for the service and she (Ms. Power should remove your account from the rolls. As per your instructions, Ms. Powers removed your account. In this case, you have used your public position as supervisor by participating in the disbanding of the sewage authority with which you had a major dispute concerning your hook up to the sewer. After you participated in the foregoing actions, you then, as supervisor, specifically Led yourself removed as an individual who owed $1,850 .n sewage arrcarage. It is clear that you were the only individual tha had acceLLs ,o the computer and you were the individual that directed Ms. Pow:- 4 .o delete your name from the rolls. You violated Sectici 3(a) of the Ethics Act by your actions concerning the termination the agreement of the sewage authority and the taking over of the responsibilities of that authority by the board of supervisors. ILL this regard, it is noted that it was the general consensus of the authority members that although there was no pressure on them to resign, the problems that arose between the board of supervisor ar0. that authority were due in part to your refusal to hook up to th sewer. You vioiated Section 3(a) of the Ethics Act when, through th; Jxercise of your public office, you removed yourself from the sewage _mils and cancelled out your sewage arrearage in the amount of $1,850. You have made a payment on December 6, 1988 to Sandy Township in the amount of $1,850 to satisfy the arrearage. As to the second matter concerning your conduct regarding voting or participating in the appointments and setting the salary for your spouse, the minutes of the Sandy Township Board of Supervisors reflect a course of conduct on your part in making motions, or seconding, participating and voting in favor of the appointment of your husband, the fixing of his salary and raises. At this point, it should be noted that the township practice was to reflect in the minutes only abstentions and negative votes whereas a "motion carried" Ms. Lorna Marsh Page 20 was indicative that the motion was carried unanimously without abstentions or negative votes. Specifically, on March 15, 1982, you seconded a motion to give your spouse a raise. On January 3, 1983, you voted in favor of a motion to reappoint all employees which would include your husband. Thereafter, on January 9, 1984, you seconded and voted for a motion to appoint your spouse to the position of Zoning Officer with the planning commission wherein he would get mileage as compensation; since that motion carried, under the township practice you would have voted in favor of said motion. Likewise, there was a motion to appoint your husband as temporary Health Officer on February 27, 1984 and you were present wherein that motion was carried without abstention or dissenting vote. Further, you were present and voted in favor of a motion on May 14, 1984, to approve the authority's request to hire your spouse to inspect violations. Similarly, you were present and hence voted in favor of the motion on January 7, 1985 to retain your spouse as Zoning Officer. Undr these facts and circumstances, this Commission finds that you viola S ; - -tion 3(a) of the Ethics Act. See Rockovich, No. 356 -R, where this Commission determined that a mayor of a borough violated Section 3(a) of the Ethics Act when he voted to appoint his wife as building inspector and also voted against limiting her salary. In summary, you violated Section 3(a) of the Ethics Act regarding your sewer arrearage. Since you have made restitution of the $1,850 to Sandy Township, this Commission will take no further action as to that violation. As to your husband, you violated Section 3(a of the Ethics Act regarding your motions and voting as to the employment, wages and increases in his compensation. C. Conclusion and Order: 1. As a township supervisor in Sandy Township, you are a "public official" subject to the provisions of the Ethics Act. 2. You violated Section 3(a) of the Ethics Act by using your public office to remove your sewage arrearage from the rolls. However, since you have made restitution of the $1,850 to Sandy Township, no further action will be taken as to this violation. 3. You violated Section 3(a) of the Ethics Act by participating, making motions, and voting in favor of the appointments and raises for your husband. 4. This matter will be referred to the appropriate law enforcement authority for review and appropriate action. 5, In the future, you must abstain from participation in any matter relating to a member of your immediate family or in which you have a financial interest. Ms. Lor . is Marsh Page 2.1 By the Commission, Joseph W. Marshall, III Chairman Our in this case will remain confidential in accordance wi Section 8(a) of the Ethics Act, 65 F.S. 408(a). However, this n.:c1e is fina.i and will be made available as a public doc• went 5 , Is .ness days after service (defined as mailing) . Any person who violates the confidentiality of ,. Commission . pro:eeding is guilty of a misdemeanor and shall be fined not more thP.n $1,000 or imprisoned for not more than one year or both, see 65 P. 409(e). =!'1re confidentiality provision does not restrict r °=sponden.s co _ , ultation with legal counsel.