HomeMy WebLinkAbout673 JadickMs. Ruth Jadick
RD
Tunkhannock, PA 18657
Re: 87 -180 -C
Dear Ms. Jadick:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
ORDER NO. 6 ?3
DATE DECIDED: September 28, 1988
DATE MAILED: October 13. 1988
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, an Eaton Township Supervisor, Wyoming County, violated
the following provisions of the State Ethics Act (Act 170 of 1978)
when you, a part -time employee, received compensation for holiday pay
which was only approved for full -time employee:
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).
A. Findings:
1. You serve as a Pennsylvania Township Supervisor in Eaton Township,
Wyoming County, Pennsylvania.
a. You have served in this position for eleven (11) years.
Ms. Ruth Jadick
Page 2
2. Minutes of the meetings of the township Board of Supe: viso.~3
provided the following information in relation to this situr. _ :_..i:
a. January 2, 1979 - Reorganizational Meeting
Ruth Jadick was appointed Chairmar
the Board of Supervisors. The
supervisors were appointed laborer•
Each appointment was made on a mo'_..,
one supervisor to appoint the secon
supervisor as laborer. Th*: motions
then seconded by the third supervi
The process was repeated until al: ".1
supervisors were appointed laborer:.
b. January 7, 1980 - Reorganizational Meeting
Ruth Jadick was appointed
Chairperson of the Board of
Supervisors. The three supx-visorF
were appointed laborers. Each
appointment was made or the motion of
one Supervisor to appoint the second
Supervisor as laborer. i.: motio<.. zaa
then seconded by the third Super. 'isor:
The process was repeated until all t1.7_
Supervisors were appointee laborers.
c. January 5, 1981 - Reorganizational Meeting
Ruth Jadick was appointed
Roadmaster. Supervisors. The three
supervisors were appointed laborers.
Each appointment was made on the motion
of one Supervisor to appoi the szcc d
Supervisor as laborer. The motioia was
then seconded by the third Supervisor.
The process was repe until all three
Supervisors were appointed laborers.
d. January 4, 1982 - Reorganizational Meeting
Kenneth Trowbridge was appointed
Chairman of the Board of Supervisors.
Ruth Jadick was appointed Roadmaster.
Trowbridge made the motion that all
supervisors be classiiied as working
supervisors. The motion was seconded by
Ruth Jadick.
e. January 3, 1983 - Reorganizational Meeting
Kenneth Trowbridge was appointed
Chairman of the Board of Supervisors
Ruth Jadick was appohted Roadmaster.
Ms. Ruth Jadick
Page 3
j
Trowbridge was appointed 1st Assistant
Roadmaster. Trowbridge made the motion
that all supervisors be classified as
working supervisors. The motion was
seconded by Jadick._
f. January 3, 1984 - Reorganizational Meeting
Ruth Jadick was appointed Roadmaster.
Kenneth Trowbridge was appointed
Assistant Roadmaster. Trowbridge made
the motion to have all the supervisors
be classified as working supervisors.
The motion was seconded by Ruth Jadick.
g. January 7, 1985 - Reorganizational Meeting
Kenneth Trowbridge was appointed
Roadmaster and Ruth Jadick was appointed
Assistant Roadmaster. A motion was made
by Supervisor Nye to classify all
supervisors as working supervisors.
Trowbridge seconded the motion and
Jadick agreed.
h. January 6, 1986 - Reorganizational Meeting
Kenneth Trowbridge was appointed
Chairman of the Board of Supervisors.
Walter Miner was appointed Roadmaster
and Ruth Jadick was appointed Assistant
Roadmaster. Jadick made the motion to
classify all supervisors as working
supervisors. Trowbridge seconded the
motion and Miner agreed.
i. January 5, 1987 - Reorganizational Meeting r
Kenneth Trowbridge was appointed
Chairman of the Board of Supervisors.
Ruth Jadick was appointed Roadmaster.
Trowbridge made the motion to classify
all supervisors as working supervisors.
Jadick seconded the motion.
January 4, 1988 - Reorganizational Meeting
Kenneth Trowbridge was appointed
Chairman of the Board of Supervisors.
Ruth Jadick was appointed Roadmaster.
Trowbridge made the motion to classify
all supervisors as working supervisors.
Jadick seconded the motion.
a.
Ruth Jadick
3. You have worked, pert -time, for the township, fs Roadmaster �.
assistant Roadmaster, for a majority of 11 years you have been
Supervisor.
4. The Eaton Township Borough Board of Auditors, after fixing the
compensation for township supervisors working for the township, world
forward a letter to the township secretary advising the suoervisc of
such compensation.
5. The records of Eaton Township indicate the following regarding the
letters from the auditors fixing the compensation for working township
supervisors.
a. Letter dated January 26, 1981 from Joyce L. Culver,
Secretary, Board of Auditors to Township Secretary /Treasurer
Edward B. Murach, Jr., indicates that the f'oliowina
compensation had been set during the January ' . , 198.
organization meeting of the Board of Auditors.
(1) Supervisors working as full -time operator: - $5.50 /hour
based on 40 hour week not to exceed $11,4,. Five paid
vacation days after earning 70% of aflotte_ salary.
(2) Roadmaster - $5.50 /hour not to exceed $5,x:.,0 /year.
Five paid vacation days after earning 70% cf the
allotted salary.
(3) All supervisors to receive 3 paid holidays at
prevailing rate. (Christmas, Thanksgiving, New Years).
b. Letter dated January 6, 1982 from Joyce Culver. Secretary,
Board of Township Auditors to Township Se<ret Treasurer,
Linda Steudl indicates that the following compensation had
been set during the January 5, 1982 meeting of t: Board of
Auditors:
(1) Supervisors working as full -time operators - $6.00 /hour
based on a 40 hour week not to exceed $12,480. Five
paid vacation days after earning 70% of allotted
salary.
(2) Roadmaster - $6.50 /hour not to exceed $6,003 /year.
Five paid vacation days after earning 70% of the
allotted salary.
(3) All supervisors to receive 3 paid holidays.
(Christmas, Thanksgiving, New Years).
Ms. Ruth Jadick
Page 5
c. Letter dated January 5, 1983 from Joyce Culver, Secretary,
Board of Township Auditors to Township Secretary /Treasurer,
Linda Steudl indicates that the following compensation had
been set during the January 4, 1983 organization meeting of
the Board of Auditors:
(1) Supervisors working as full -time operators - $6.00 /hour
based on a 40 hour week not to exceed $12,480. Five
paid vacation days after earning 70% of allotted
salary.
(2) Roadmaster - $6.50 /hour not to exceed $6,000 /year.
Five paid vacation days after earning 70% of the
allotted salary.
All supervisors will be paid for four holidays.
(Christmas, New Years, Thanksgiving, Birthdays).
d. Letter dated January 5, 1984 from Joyce Culver, Secretary,
Board of Township Auditors to Township Secretary /Treasurer,
Linda Steudl indicates that the following compensation had
been set during the January 4, 1984 organization meeting of
the Board of Auditors:.
(1) Supervisors working as full -time operators - $7.00 /hour
based on a 40 hour week not to exceed $14,560. Five
paid vacation days after earning 70% of allotted
salary.
(2) Roadmaster - $7.50 /hour not to exceed $7,000 /year.
Five paid vacation days after earning 70% of the
allotted salary.
All supervisors to receive four paid holidays.
(Christmas, New Years, Thanksgiving, Birthdays).
(3)
(3)
e. Letter dated January 11, 1985 from Joyce Culver, Secretary,
Board of Township Auditors to Township Secretary /Treasurer,
Linda Steudl indicates that the following compensation had
been set during the January 8, 1985 organization meeting of
the Board of Auditors:
(1) Supervisors working as full -time operators - $7.00 /hour
based on a 40 hour week not to exceed $14,560. Five
paid vacation days after earning 70% of allotted
salary.
(2) Roadmaster - $7.50 /hour not to exceed $7,000 /year.
Five paid vacation days after earning 70% of the
allotted salary.
Mr,. Rnth v a.dick
Page 6
(3) Al;. suF ervisors to receive four paid holidays.
(Christmas, New Years, Thanksgiving, Birthdays).
f. Letter dated January 8, 1986 from Joyce Culver, Secretar ,
Board of Township Auditors to Township Secretary/Treasuxe
(unnamed) indicates that the following compensation had b n
set during the January 7, 1966 organization meeting of ti,e
Board of Auditors:
(3) All supervisors to receive four paid holidays.
(Christmas, New Years, Thanksgiving, Birthdz,_
Letter dated February 2, 1987 from Joyce Culver, Sc,r °etary,
Board of Township Auditors to Barbara Sechrist, 'thwm hip
Secretary /Treasurer, indicates that the followiiio
compensation had been set during the January, 6. :x.9;17
organization meeting of the Board of Auditors:
(1) Supervisors working as full -time operators - $7.U0 /hour
based on a 40 hour week not to exceed $14,560. Five
paid vacation days after earning 70% of
salary.
(2) Roadmaster - $7.50 /hour based on a 40 hour v: week
not to exceed $15,600 /year. Five paid vacat days
after earning 70% of the allotted salary.
(3) All supervisors to receive four paid holidays.
(Christmas, New Years, Thanksgiving, birthdays).
h. Letter dated January 20, 1988 from Karen B. Nemeth,
Secretary, Board of Township Auditors to Barbara Sech°:.st,
Township Secretary /Treasurer, indicates that the following
compensation had been set during the January 5, 1988
organization meeting of the Board of Auditors!
(1) Supervisors working as full -time operators - $7.25 /hour
based on a 40 hour week not to exceed $15,080 /year.
Five paid vacation days after earning 70% oW: allotted
salary.
(1) Supervisors working as full -time operators $7.00 /uur
based on a 40 hour week not to exceed $14,560. Five
paid vacation days after earning 70% of allotted
salary.
(2) Roadmaster - $7.50 /hour based on 40 hour work week not
to exceed $15,600 /year. Five paid vacation days after
earning 70% of the allotted salary.
Ms. Ruth Jadick
Page 7
(2) Roadmaster - $7.75 /hour based on a 40 hour work week
not to exceed $16,120 /year. Five paid vacation days
after earning 70% of the allotted salary.
(3) All supervisors to receive four paid holidays.
(Christmas, New Years, Thanksgiving, Birthdays).
6. You have received payment, in 1981 and 1982, for 3 holidays.
a. Payment was at the hourly rate fixed by the township board
of auditors.
7. You have received payments, in 1983, 1984, 1985 1986, 1987 and
1988 for 4 holidays.
a. Payment was at the hourly rate fixed by the township board
of auditors.
8. The following information was provided, to the Ethics Commission,
by Eaton Township Supervisor, Kenneth Trowbridge:
a. He worked part -time, for the Township, from September to
March. During the summer months he was employed by a
construction company. He worked for the Township, plowing,
cindering and salting, when needed.
b. He did not request the holiday pay from the Auditors. It
was provided, by them, after they determined that other
Township employees received the holiday pay.
c. He questioned paid holidays and was told that it was an
incentive for supervisors.
d. The payments were approved by the auditors and it was
therefore legal.
e. In August, 1988, the solicitor advised the auditors and
supervisors that it was legal.
9. Roy Greenly, Eaton Township Auditor, was interviewed and provided
the following information:
a. He has been an Eaton Township Auditor for 15 years.
b. The Board of Auditors decided to pay all working Township
Supervisors for 3 holidays in 1981 and 1982, and for 4
holidays in 1983, 1984, 1985, 1986, 1987 and 1988. The
decision to pay the Supervisors, for the holidays, came
Mr. truth Jadic,
Page 8
after the Auditors determined that other Township
employees 7 being paid for the holidays. The
Fuditors felt that the Supervisors, working with
the other employees, should be entitled to the
same benefits.--
c. The Minutes of Meeting and the Auditors' letters to the
Township contained an accurate description of the
compensation provided, by the Auditors, to the Supervisors.
10. Joyce Culver, Eaton Township Auditor, was interviewed and
provided the following information:
a. She had been an Eaton Township Auditor for 11 years.
b. She held the position of Secretary to the Board of Auditors
from 1981 to 1986.
c. ;he reviewed a copy of the Minutes of the Meeting, Eaton
:-iship Board of Auditors, January 6, 1981, and letters
the Eaton Township Board of Auditors to the Township
Secretary, dated January 26, 1981, January 6, 1982, January
5, 983, January 5, 1984 January 11, 1985 and January 8,
1986. She stated that, as Secretary of the Board of
Au she was responsible for sending the letters to
the Township Secretary and that the Minutes and the Lett
cont- .;_and an accurate account of the compensation authorizes 0 .
by the Auditors
d. The Auditors authorized payment, to all Supervisors, 3
holidays in 1981 and 1982, and for 4 holidays from IS °„ to
1988.
11. Karen Nemeth, Eaton Township Auditor, was interviewed any
3rovided the following information:
a. She had been an Eaton Township Auditor for 3 year:.
b. The Board of Auditors has authorized payment for 1 holidays
per year, to all working Supervisors, in Eaton Township,
during her time in office.
c. The copies of letters dated February 2, 1987 and January 20,
1988, from the Board of Auditors, to the Eaton Township
Secretary, were an accurate account of the compensation
provided, to the Supervisors, by the Board of Auditors. She
stated, as Secretary of the Board of Auditors, she was
responsible for drafting and sending the letters to the
Supervisors.
Ms. Ruth Jadick
Page 9
12. You provided the following information to the Ethics Commission:
a. You have served as a supervisor for eleven years.
b. During the reorganizational meeting in each year, the
supervisors voted to appoint themselves to positions as
working supervisors.
c. Both you and Kenneth Trowbridge worked part -time because the
township was trying to cut costs. You worked on an as
needed basis.
e. The auditors believed that the supervisors should receive
the same benefits as other township employees.
f. You have been paid for holidays.
At first you were paid for three holidays and later four
holidays.
h. You did not ask the auditors to fix this pay but accepted it
because they fixed it and, therefore, it was legal.
B. Discussion: Township supervisors in townships of the second
class are public officials as that term is defined in the State
Ethics Act. 65 P.S. S402. As such, their conduct must conform to the
requirements of the State Ethics Act. See, Sowers, Opinion 80 -050,
Szvmanowski, Order 539.
g.
Section 3(a) quoted above specifically provides that a public
official may not use public office to obtain a financial gain for
himself other than compensation provided by law.
Within the above provision of law, this Commission has already
determined that township supervisors may not approve or accept any
compensation for themselves that is not in accord with the
compensation set forth in the Second Class Township Code. This
determination has been affirmed by the Commonwealth Court of
Pennsylvania. See McCutcheon v. State Ethics Commission, 77 Pa.
Commw. 529, 466 A.2d 283, (1982). See also Yocabet v. State Ethics
Commission, Pa. Commw. Ct. , 531 A.2d 536 (1987). Compensation
awarded or received by a township supervisor that is not in accord
with the provisions of law could constitute a violation of the above
cited Section of the State Ethics Act.
The township code sets forth clearly when supervisors may receive
compensation other than as set forth above. Generally, township
supervisors may be employed by the township as a roadmaster, laborer,
or secretary /treasurer. 53 P.S. §65410. The compensation to be paid
to supervisors working in such positions is to be fixed by the
Ia:. Ruth , i' deck
Page 10
township board of ,° ditora. 53 P.S. §65515; 63531; 65540. '''
supervisors may not receive any other compensation except e3 provided
above. This ccncept has been upheld by various courts in the
Commonwealth. In Coltar v.. Warminster Township, 8 Pa. Commw. Ct. 163,
302 A.2d 859, (1973), the Commonwealth Court_of Pennsylvania held that
a second class township supervisor may not appoint to
positions other than those set forth in the township code (roadmaster,
laborer, or secretary /treasurer), and receive compensation therefore.
See also Conrad v. Exeter Township, 27 D & C 3d 253 (Berks 1983). It
is clear, therefore, that the duties for which a township supervisor
may be compensated are strictly regulated by the township code, and
when performing in the positions set forth in the code, cne
supervisor's pay must be specifically set forth by the township board
f auditors.
In the instant matter, it is noted that you worked part -time as
A roadmaster or assistant roadmaster or laborer for the ten years
that you have been a supervisor. As a working supervisor, the
a of the township set your compensation as an employee for the
years in issue. The township auditors did specifically approve three
holidays in 1981 and 1982 and four holidays from 1983 through 1988 for
the workinr supervisors. Further, it is noted that the foregoin7
approval vas not limited to full -time working supervisors and
therefore part -time working supervisors would also be entitles' tr,
theso benefits.
In Nanovic, Opinion 85 -005, this Commission determined it - ,
time working supervisors could receive, with auditor approval, cert
benefits provided there was a reasonable relationship between tha
benefit received and the functions performed. In this case, i'.: dc
not appear that such relationship is unreasonable.
Therefore, you have not violated Section 3(a) of the Ethics J•.;t
regarding your receipt of holiday pay as a part -time working
supervisor since the auditors specifically approved such compensat:oL.
r, Conclusion and Order:
1. As a supervisor in Eaton Township, you are a public offici,
subject to the provisions of the Ethics Act.
2. You did not violate Section 3(a) of the Ethics Act when you
received holiday pay as part -time working supervisor when
the township auditors approved such compensation.
Our files in this case will remain confidential in accordaice
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
Ms. Ruth Jadick
Page 11
pertinent factual findings. See 51 Pa. Code 52.38. 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.
5409(e).
By the Commission,
( :: 3 tima■ k) 44 ..LC:Q135 -
Joseph W. Marshall, III
Chairman