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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