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HomeMy WebLinkAbout674 TrowbridgeMr. Kenneth Trowbridge RD Tunkhannock, PA 18657 Re: 87 -188 -C Dear Mr. Trowbridge: 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). STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION ORDER NO. 674 DATE DECIDED: September 28, 1988 DATE MAILED: October 13, 1988 1'ir. Kenneth Trowbridge Page 2 F. Findings: 1. sou serve as a Pennsylvania Township Supervisor in Eaton To }n:h p, Wyoming County, Pennsylvania. a. You have served in this position since 1982. 2. Minutes of the meetings of the township Board of Supervisor: provided the following information in relation to this situatic a. January 4, 1982 - Reorganizational Meeting Kenneth Trowbridge was appointed Chairman of the Board of Supervisors. Ruth Jadick was appointed Roadmas a :. Trowbridge made the motion that all supervisors be classified as working supervisors. The motion was secono€d Ruth Jadick. bY b. January 3, 1983 - Reorganizational Meetinc: Kenneth Trowbridge was appointed Chairman of the Board of Supervisors Ruth Jadick was appointed Roadmaster. Trowbridge was appointed 1st Assistant Roadmaster. Trowbridge made the motion that all supervisors be classified as working supervisors. The motion was seconded by Jadick. c. 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. d. 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. e. : January 6, 1980 Reorganizational Meeting Kenneth Trowbridge was appointed Chairman of the Board of Supervisors. Walter Miner was appointed Roadmaster Mr. Kenneth Trowbridge Page 3 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. f. January 5, 1987 - 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. g. 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. 3. You have worked, part -time, for the township, as Roadmaster or Assistant Roadmaster, for the 7 years you have been a Supervisor. 4. The Eaton Township Borough Board of Auditors, after fixing the compensation for township supervisors working for the township, a letter to the township secretary advising the supervisors 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 following compensation had been set during the January 6, 1981 organization meeting of the Board of Auditors. (1) Supervisors working as full -time operators - $5.50 /hour based on 40 hour week not to exceed $11,440. Five paid vacation days after earning 70% of allotted salary. (2) Roadmaster - $5.50 /hour not to exceed $5,000 /year. Five paid vacation days after earning 70% of the allotted salary. Mr. T <�nneth Trowbr5dge Page t (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 Secretary /Treasurer, Linda Steudl indicates that the following compensation had been set during the January 5, 1982 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. Roadmaster - $6.50 /hour not to exceed $6,000 /year. Five paid vacation days after earning 70% of the allotted salary. '3) All supervisors to receive 3 paid holidE _:s . (Christmas, Thanksgiving, New Years). c. Letter dated January 5, 1983 from Jcyce Culver, Secretary Board of Township Auditors to Township Secretary /Treasurer, Linda Steudl indicates that the following cornper..sation had been set during the January 4, 1983 organization meeting of the Board of Auditors: (1) Supervisors working as full -time operators - $6.00 /hDur based on a 40 hour week not to exceed $12,,'8(. ive paid vacation days after earning 70% of allottec salary. y2) Roadmaster - $6.50 /hour not to exceed $6,00C/year. Five paid vacation days after earning 70% of the allotted salary. (3) All supervisors will be paid for four holidays. (Christmas, New Years, Thanksgiving, Birthdays). d. Letter dated January 5, 1984 from Joyce Culver, Secre ,r, Board of Township Auditors to Township Secretary / Treasurer, Lind. Steudl indicates that the following com- sensation had set during the January 4, 1984 organization meeting of .�e Board of Auditors: (1) Supc visors 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. Mr. Kenneth Trowbridge Page 5 (2) Roadmaster - $7.50 /hour not to exceed $7,000 /year. Five paid vacation days after earning 70% of the allotted salary. (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. (3) All supervisors to receive four paid holidays. (Christmas, New Years, Thanksgiving, Birthdays). f. Letter dated January 8, 1986 from Joyce Culver, Secretary, Board of Township Auditors to Township Secretary /Treasurer, (unnamed) indicates that the following compensation had been set during the January 7, 1986 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 based on 40 hour work week not to exceed $15,600 /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) All supervisors to receive four paid holidays. (Christmas, New Years, Thanksgiving, Birthdays). g. Letter dated February 2, 1987 from Joyce Culver, Secretary, Board of Township Auditors to Barbara Sechrist, Township Secretary /Treasurer, indicates that the following compensation had been set during the January 6, 1987 organization meeting of the Board of Auditors: Mr. Tennetr Trowbridge Page 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 based on a 40 hour work week not to exceed $15,600 /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). h. Letter dated January 20, 1988 from Karen B. Nemeth, Secretary, Board of Township Auditors to Barbara ElechLIbt, Township Secretary /Treasurer, indicates that the folk,. :ing compensation had been set during the January 5, 198 organization meeting of the Board of Auditors: (1) Supervisors working as full -time operator_ - $7.25/hour based on a 40 hour week not to exceed $15,080,y_ar. Five paid vacation days after earning 70% of allotted salary. ( (2) Roadmaster - $7.75 /hour based on a 40 hour wor :c.k not to exceed $16,120 /year. Five paid vacLt after earning 70% of the allotted salary. (3) All supervisors to receive four paid holida�.s. (Christmas, New Years, Thanksgiving, Birt ~ 6. You have received payment, in 1982, for 3 holidays. e. Payment was at the hourly rate fixed by the tcinFALip and of auditors. 7. You have received payments, in 1983, 1984, 1985 1986, F.987 acid 1988 for 4 holidays. a. Payment was at the hourly rate fixed by the towiship board of auditors. 8. The following information was provided, to the Ethics Commission, by Eaton Township Supervisor, Ruth Jadick: a. She has 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. Mr. Kenneth Trowbridge Page 7 c. Both you and she work part -time because the township was trying to cut costs. d. You work for a construction company during the summer and plow the township roads during the winter. e. The auditors authorized paid holidays for worked for the township. f. The auditors believed that the supervisors the same benefits as other township employ supervisors who should receive ees. 9. Roy Greenly, Eaton Township Auditor, was interviewed and provided the following information: a. That he has been an Eaton Township Auditor for 15 years. b. That 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 after the Auditors determined that other Township employees were being paid for the holidays. The Auditors felt that the Supervisors, working with the other employees, should be entitled to the same benefits. c. That 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. That she had been an Eaton Township Auditor for 11 years. b. That she held the position of Secretary to the Board of Auditors from 1981 to 1986. c. That she reviewed a copy of the Minutes of the Meeting, Eaton Township Board of Auditors, January 6, 1981, and letters from the Eaton Township Board of Auditors to the Township Secretary, dated January 26, 1981, January 6, 1982, January 5, 1983, January 5, 1984 January 11, 1985 and January 8, 1986. She stated that, as Secretary of the Board of Auditors, she was responsible for sending the letters to the Township Secretary and that the Minutes and the letters . contained an accurate account of the compensation authorized by the Auditors. Mr. : anath 1 Page 8 ci. That the Auditors authorized payment, to all Supervisors, for 3 holidays in 1981 and 1982, and for 4 holidays from 1983 to 1988. 1L. Karen Nenw th, Eaton Township Auditor, was interviewed and provided the following information: a. That she had been an Eaton Township Auditor for 3 years. b. That the Board of Auditors has authorized payment for 4 holidays year, to all working Supervisors, in Eaton Township, during her time in office. c. That 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 ?`.editors, she was responsible for drafting and sending the letters to the Supervisors. 12. lou provided the following information to the Ethics Commission: a. :ou stated that you work part-time, for the Township, from September to March. During the summer months you are employed by a construction company. You work for the Township, plowing, cindering and salting, when needed. b. You stated that you did not request the holiday from the Auditors. It was provided, by them, after they determined that other Township employees received the holiday pay. B. D'scussion: Township supervisors in townships of the second c123s are public officials as that term is defined in the State Ethics Act. 65 P.S. S402. As such, their conduct must conform tc the requirements of the State Ethics Act. See, Sowers, Opinion 80 -050, Szymanawski, Order 539. Section 3(a) quoted above specifically provides in part 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 Cr Court o' Pennsylvania. See McCutcheon v. State Ethics Commission, 77 Pa. Commw. 529, 466 P.2d 283, (1982). See also Yocabe: v. State Ethics; Commission, P�. Conunw. Ct. , 531 A.2d 536 (1987). Compensation Mr. Kenneth Trowbridge Page 9 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. 565410. The compensation to be paid to supervisors working in such positions is to be fixed by the township board of auditors. 53 P.S. S65515; 65531; 65540. Township supervisors may not receive any other compensation except as provided above. This concept 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 himself 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, the supervisor's pay must be specifically set forth by the township board of auditors. In the instant matter, it is noted that you worked part -time as a roadmaster or assistant roadmaster for the seven years that you have been a supervisor. As a working supervisor, the auditors 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 form 1983 through 1988 for the working supervisors. Further, it is noted that the foregoing approval was not limited to full -time working supervisors and therefore part -time working supervisors would also be entitled to these benefits. In Nanovic, Opinion 85 -005, this Commission determined that part - time working supervisors could receive, with auditor approval, certain benefits provided there was a reasonable relationship between the benefit received and the functions performed. In this case, it does not appear that such relationship is unreasonable. Therefore, you have not violated Section 3(a) of the Ethics Act regarding your receipt of holiday pay as a part -time working supervisor since the auditors specifically approved such compensation. C. Conclusion and Order: 1. : As a supervisor in Eaton Township, you are a public official subject to the provisions of the Ethics Act. Mr. Kenneth Trowbridge P-.cre 10 2. You did not violate Section 3(a) of the Ethics Act why -.n 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 accordance with Section 8(a) of the Ethics Act, 65 P.S. §408(a). However, this Order is final and will be made available as a public document 15 days after service (defined as mailing) unless you file documentation w! ':h the Commission which justifies reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code §2.38. During this 15- day period, no one, including the respondent unless he waives his right to challenge this Order, may violate this confidentiality �7 . releasing, discussing or circulating this Order. Any person who violates the confidentiality of a Commis c proceeding is guilty of a misdemeanor and shall be fined not more Lhan $1,000 or imprisoned for not more than one year or both, see EL P.1. §409(e). By the Commission, Joseph W. Marshall, III Chairman