HomeMy WebLinkAbout678 CasperMr. Donald S. Casper
c/o Design Services Company
524 West Pike Street
P.O. Box 215
Meadowlands, PA 15347
Re: 87 -079 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
ORDER NO. 678
DATE DECIDED: September 28, 1988
DATE MAILED: October 13, 1988
Dear Mr. Casper:
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, a Supervisor for Chartiers Township,
Washington County, violated the following provisions of the Ethics Act
when you received health insurance coverage at township expense
without auditor approval.
A. Findings:
1. You serve as a Township Supervisor in Chartiers Township,
Washington County, Pennsylvania.
a. You have served in this position since 1979.
b. You serve as Chairman of the Township Board of _Supervisors.
c. You are not employed by the township in any capacity.
2. Medical and hospitalization insurance for township employees and
Supervisors is administered by Blue Cross /Blue Shield of Western
Pennsylvania, Box 1018, Pittsburgh, Pennsylvania 15230.
0
Mr. Donald S. Casper
Page 2
3. You participated in this medical and hospitalization program at
the township's expense.
4. Minutes of the Chartiers Township Board of Supervisors Meetings
reflect the following regarding medical /hospitalization
benefits:
A. January 7, 1985:
( 1)
(
All in favor - Casper and Kovatch (Kusky absent).
Supervisors appoint themselves Superintendents of the
township road system, and shall be entitled to all
benefits provided the employees of said township.
Supervisors are encouraged to donate their time as much
as possible within reason in the execution of their
duties and specific duties related to Township matters.
Motion by Casper. Seconded by Kovatch.
All in favor - Casper and Kovatch (Kusky absent).
B. January 5, 1987:
( 3)
(1)
Regarding insurance benefits: Motion by Casper,
seconded by Kovatch to retain the same coverage as
last year, as follows:
Township will continue providing of benefits for Life
Insurance, disability, and hospitalization insurance.
This applies to full -time employees and Supervisors.
Motion carried - Casper and Kovatch (Kusky absent).
Motion by Casper to continue to extend
hospitalization coverage to extra or full -time
employees at the discretion of Board when
reasonable cause has been indicated that such is
necessary. Seconded by Kovatch.
Insurance benefit coverage: Motion by Casper,
seconded by Kovatch to remain the same as last year --
Township will continue coverage of benefits for Life
Insurance, disability, and hospitalization insurance.
This applies to full -time employees and Supervisors.
Motion carried. (No listing of any abstentions or no
votes).
( ?) Supervisors voted themselves Superintendents of the
Township road system, and shall be entitled to any and
Mr. Donald S. Casper
Page 3
(3)
C. January 4, 1988:
( 1)
(
(
(4)
all benefits provided to work on road so designated in
the Second Class Township Code. Supervisors are
encouraged to donate their time as much as possible
within reason in the execution of their duties and
specific duties related to Township matters. Motion by
Kovatch, seconded by Kusky. (All in favor. Present
Kovatch, Kusky, Casper).
Compensation for Supervisors attending Township
meetings under the new rule - Casper entitled to
$100.00 per month.
Casper commented, since Kovatch was re- appointed as
Supervisor he would be entitled to the new amount.
Kovatch wished to go on record saying "I refuse to
accept the new rate." Motion made by Casper that Kusky
be paid on monthly basis, the sum of $166.67. Seconded
by Kovatch.
Motion carried.
Motion made by Kusky to continue insurance benefit
coverage as in previous years. Motion died for lack of
second.
Kovatch felt that Supervisors are not entitled to
hospitalization benefits.
Kovatch made a motion to pay hospitalization benefits
for all full -time employees (leave out Supervisors).
Motion died for lack of a second.
Kovatch felt that if Kusky receives insurance, so
should Casper.
Casper made a motion for the township to continue
coverage of benefits of life insurance, disability,
hospitalization insurance, and dental for *all full -time
employees and Supervisors as permitted by law pending
Auditor approval. Motion seconded by Kusky.
Roll Call: Casper - yes, Kovatch - no, Kusky - yes.
Motion carried.
Motion to acknowledge the fact that the Supervisors of
the Township of Chartiers will continue to act as
Superintendents of the Township road system, and shall
be entitled to any and all benefits provided to work on
Mr. Donald S. Casper
Page 4
(
the roads so designated in the Second Class Township
Code.
All in favor.
In a discussion regarding compensation, and punching
time cards, it was sated that there will be no
compensation for workshops.
All in favor.
5. Chartiers Township Auditors meeting minutes reflect the following
regarding compensation for township supervisors:
a. 1/8/85 Supervisors pay rate set at $5.77 per hour, for
road work.
Rate effective 1/1/85.
Stipulation - if a rate increase is granted to the
township employees during the year, the
supervisor's rate may be adjusted to that of
Laborer /Truck driver classification.
b. 1/7/86 - Supervisors pay rate set at $6.17 per hour.
Rate effective 1/1/86.
Rate determined from the rate paid to
Laborer /Truck driver.
c. 1/6/87 - Supervisors pay rate set at $6.36 per hour.
Rate effective 1/1/87.
Rate determined from the rate paid to
Laborer /Truck driver.
d. 1/5/88 - Supervisor's pay rate set at $6.55 per hour.
Rate effective 1/1/88.
Rate determined from the rate paid Laborer /Truck
driver.
6. Records of Chartiers Township contain a letter to the
Supervisor's from the Auditor's in regard to their observations and
recommendations on the completion of the 1987 audit report. In
finding #6 the auditors stated:
a. They have questioned in past years, the paying by the
Mr. Donald S. Casper
Page 5
township of hospitalization for the supervisors who are
full -time employees of other organizations.
b. They previously requested Casper to reimburse the township
for the hospitalization benefits, and he had complied, even
though he has not fully reimbursed the township to date.
c. The Ethics Commission has ruled on numerous occasions that
if a Supervisor is not a full -time employee of the
township, he should not qualify for benefits such as
hospitalization, etc.
d. Kusky has been receiving hospitalization benefits paid for
by the township.
e. They recommend that the township be reimbursed the amount of
$2,579.99 for the year 1987, by Supervisor Kusky.
7. Records of Blue Cross of Western Pennsylvania indicate the
following regarding the monthly cost of your participation in this
program:
a. HOSPITALIZATION
Invoice Date Premium
9/5/85 $192.53
11/5/85 196.43
1/5/86 196.43
3/5/87 208.33
9 208.33
11/5/87 222.47
12/10/87 238.52
b. DENTAL
Invoice Date Premium
12/18/85 $19.65
12/18/86 22.30
10/20/87 22.30
12/17/87 24.45
8. The total amounts expended by the township for the above
insurance coverage were as follows:
a. 1985 - April through October at $192.53/mth. = $1,347.71
November and December at $196.43/mth. _ $392.86
• Dental - April through December at $19.65 /mth. = $176.85
b. 1986 - January through December at $196.43/mth.= $2,357.16
Dental - January through Dec. at $19.65 /mth. _ $235.80
Mr. Donald S. Casper
Page 6
c. 1987 - January and February at $196.43/mth. = $392.86
March through June at $208.33/mth. _ $833.32
Dental - January through June at $22.30 /mth.
= $133.80
Total = $5,870.36
d. Your participation in this program at the township's expense
was terminated in July, 1987. At this time the township
began invoicing your private employer in your participation
in this plan.
9. Records of Chartiers Township indicate that payment by the
township for your insurance benefits was made from the Chartiers
Township General Fund checking account at Equibank on a monthly basis
as part of the payment for the total benefit package for all township
employees.
10. Records of Chartiers Township indicate that you participated at
the township's expense in a life and disability insurance program.
11. This program was administered through the Trustees Insurance
Fund, Camp Hill, Pennsylvania.
12. Invoices from Trustees Insurance Fund to the township for your
participation in this program indicate the following regarding
payments for these benefits on your behalf:
Invoice Date
12/14/84
12/16/85; 7/15/85
12/15/86; 7/15/86
12/15/87; 7/15/87
Disability
$99.00
$99.00
$99.00
$99.00
Life
$ 35.64
$ 35.6
$ 29.36
13. Total expenditures by the township for your participation in the
disability and life insurance programs were as follows:
a. September 1984 /September 1985 at $2.97/yr. = $14.85
Disability at $99.00 /yr.
pro -rated April through Dec. 1985 at $8.25 /mth.= $74.25
b. September 1985 /September 1986 at $35.64/yr. = $35.64
Disability at $99.00 /yr. = $99.00
c. September 1986 /September 1987 at $143.1C /yr.
Disability at $99.00 /yr.
= $35.64
= $99.00
Mr. Donald S. Casper
Page 7
d. September 1987 /September 1988 at $29.36/yr. = $29.36
Disability at $99.00 /yr.
pro -rated January through August 1988 = $66.40
Total $454.14
e. Your insurance coverage was cancelled effective 9 -1 -88 and
the township was reimbursed for the amount expended for
September through December 1988.
14. You participated in a pension program into which the township
contributed seven (7) percent of your pay.
15. Pension contributions by the Township, as taken from the Payroll
summaries, April 1985 through December 1987, show the following
payments made on your behalf:
Period Ending
Total Pay Township Cont. (7 %) Check #
a. 4/28/85 $ 75.00 $5.25
5/12/85 138.48 9.69
5/26/85 50.00 3.50
7/7/85 50.00 3.50
6554
8/4/85
50.00- 3.59 6623
8/18/85 25.97 1.82 6659
9/1/85 25.00 1.75 6688
10/27/85 25.00 1.75 6789
12/85 50.00 3.50 102
Total 1985 $489.45 $34.26
b. 1/5/86 75.00 5.25
2/2/86 75.00 5.25
3/30/86 50.00 3.50 344
4/27/86 163.48 11.44 397
8/3/86 50.00 3.50
8/31/86 50.00 3.50
9/28/86 50.00 3.50 719
10/26/86 198.00 13.87 780
12/7/86 50.00 3.50
Total $761.56
$53.31
c. 1/4/87 50.00 3.50 913
undated 75.00 5.25
undated 50.00 3.50
4/2/87 (check) 25.00 1.75 1094
4/30/87 50.00 3.50
6/7/87 50.00 3.50
7/5/87 202.64 1240
undated 14.18 1293
100.00 7.00
undated 75.00 5.25
10/1/87 (check) 25.00 1.75
1518
Mr. Donald S. Casper
Page 8
undated 50.00 3.50
12/10/87 252.64 17.68
Total $1,005.28 $70.36
4676
16. Total township contributions equaled $157.93.
a. Contributions were terminated at the end of December 1987.
17. The township expended the following amounts for your benefits
from April 1985 until they were terminated.
a. Major Medical /Dental $5,870.36
b. Life and Disability $ 454.14
c. Pension $ 157.93
Total $6,482.43
18. According to the Township auditors, they never approved
hospitalization or insurance benefits for the Supervisors.
a. One township auditor believe that the supervisors should be
entitled to participate in the program.
b. One township auditor stated that she was not aware that the
supervisors were receiving insurance benefits at the
township's expense until 1987.
19. Township Solicitor James Liekar stated the following:
a. He did not advise the Supervisor's if they did not ask.
b. He was asked to draw up guidelines for hiring practices
which he did. They have not been adopted yet.
20. You have stated the following in regard to the above
information:
a. You thought that your employer had reimbursed the Township
and is current in their payments to the Township for your
participation in the Township health and dental insurance
plan.
b. You checked the Township records yourself, and do not
dispute the findings of this investigation.
c. None of the supervisors rea'_ized that they were not
entitled to participate in the insurance plan.
Mr. Donald S. Casper
Page 9
d. They considered themselves employees and this entitled them
to the coverage.
e. You were aware of the recent legislation granting amnesty to
supervisors receiving benefits prior to 1985.
II. Allegation: That you, a Chartiers Township Supervisor, violated
Section 3(a) of the Ethics Act which prohibits a public employee's or
public official's use of office and confidential information gained
through that office to obtain financial gain, in that you voted to
hire your son for a full -time position with the township road
department.
21. Finding number one (1) is incorporated herein by reference.
22. Employment applications on file at the Chartiers Township
building show the following:
a. Mr. Daniel A. Casper
Box 215, West Pike Street
Meadowlands, PA 15347
(412) 222 -2768
b. Application dates: 'April 2, 1987
Social Security: 210 -64 -3697
18 yrs. or older: no
Graduated High School: June, 1987
c. Date of Birth: July 19, 1969
d. Donald Casper is listed as a relative.
e. Application indicated previous employment with the township
in 1985.
23. Daniel A. Casper is your son.
24. Minutes of the Chartiers Township Board of Supervisors meetings
indicate the following regarding the employment of your son.
a. June 12, 1985: Casper approached the Board, if it is
appropriate that Daniel Casper be considered
for summer employment on the minimum wage
basis. Motion by Kovatch to appoint Daniel
Casper, for summer employment, seconded by
Kusky, provided he furnish working papers
prior to work.
Mr. Donald S. Casper
Page 10
Roll call: Casper abstained, Kovatch
and Kusky voted yes. Motion carried.
b. June 11, 1986: Henry Alexy requested one Township resident
youth for summertime work. Applications were
reviewed. Motion made by Kovatch to appoint
Daniel Casper, for summertime employment,
based on recommendation of Alexy for past
summer performance, when needed at minimum
wage $3.35 hr. Seconded by Kusky. Motion
carried.
Kovatch commented that "we will try to
distribute work among different persons for a
few days a week, when needed." Casper was
absent.
c. Aug. 19, 1986: Invoices presented for approval of payment -
Daniel Casper (police car washes) $45.00,
motion by Kovatch, seconded by Casper to
approve payment of invoices, as presented,
all in favor, motion carried.
d. Jan. 5, 1987: Re- organizational meeting. Motion to
appoint "emergency extra's" as follows:
Deith Kovatch; Donnie Casper; Frank Przystup
(not sure if he has #3 license); Bazzoli;
Altieri; Almo; Johnson.
Roll call: Casper - yes, Kovatch - yes,
Kusky - abstained. Motion carried.
e. April 8, 1987: Applications were presented for appointment
with the road department. Daniel Casper
asked to be put on with the road department.
An application for John Kusky, who is somehow
related to Mike Kusky, he too would like to
work on the road department. Jeff Henderson
would also like to work on the road
department.
Motion by Casper to appoint Daniel and the
Kusky boy and put them on the road
department. There was a discussion.
Motion by Casper to appoint Daniel Casper on
the road department, seconded by Kovatch for
Daniel.
Motion carried. No abstentions or no votes
recorded.
Mr. Donald S. Casper
Page 11
Motion by Casper to appoint John Kusky,
discussion, Kovatch said he wanted to see the
application. Motion seconded by Kusky.
Roll call: Casper - yes, Kovatch - abstain,
Kusky - yes. Motion carried.
f. April 22, 1987: Kovatch said his son works for the township
when needed, during the winter from 4:00 p.m.
to 9:00 p.m., during the summer hours to
operate the tractor mower.
Residents and laid off extra's want an
answer to hiring practice.
Resident, Przystup, questioned the Board for
age discrimination practice, when he was by-
passed over others to be appointed as
regulars. The others had not even worked on
the road department, as he had, part -time.
c. May 12, 1987: Question on the status of the.>two regulars
appointed to the-road department and where
part -time employee Przystup stands. Casper
stated there is no change in the hiring
status at the present time.
On the hiring of relatives as Township
employees - Liekar received an answer from
the Ethics Commission regarding hiring
relatives as Township employees. Casper read
the reply to the audience. Copy attached to
the minutes. Liekar recommended the
Supervisor's take action on the letter at the
next meeting. Casper indicated a change in
their voting will take place at that meeting.
h. June 10, 1987: Re: Letter from Ethics Commission on the
hiring of relatives as township employees.
Liekar explained that the township must
remove personnel from the payroll roster who
were hired in violation of the Ethics
Commission ruling.
Casper made a motion to remove his son
Daniel Casper from the payroll roster.
Seconded by Kovatch.
Mr. Donald S. Casper
Page 12
Casper, Donald S. $644.45
Casper, Daniel $1,123.53
a. DATE
8/30/85
10/23/85
1985
Motion carried: Casper - abstained, Kovatch
- yes, Kusky - yes.
Kovatch made a motion to hire Daniel Casper
and Ronnie Chappel as summer help to be used
at the discretion of the road foreman.
Motion died for lack of a second.
Casper made a motion to remove Dolores
Kovatch from the payroll roster as a
township employee. Seconded by Kusky.
Motion carried. Casper - yes, Xusky - yes,
Kovatch - abstained.
Casper made a motion to
Kovatch as the township
rate established in the
organizational meeting.
lack of a second.
rehire Dolores
custodian at the
January 1987
Motion died for
i. June 24, 1987: Kovatch made a motion to remove John Kusky
from the Township payroll roster. Motion
died for lack of a second.
Kovatch made a motion to hire Daniel Casper,
Ron Chappel, Frank Przystup and John Kusky as
summer help because the road department is
falling behind on planned projects and grass
cutting. All four motions died for lack of a
second.
25. Chartiers Township W -2 Wage and Tax Statements and Payroll
records reflect the following:
1986
$836.56
$1,333.18
TOTAL AMOUNT
$27.00
21.00
1987 *
$577.64*
$37.26 **
*As of 8/2/87
* *Only worked through 2/1/87.
26. In addition to the above income listed on the W -2 Wage and Tax
Statements, the following invoices in the name of Daniel Casper, for
washing police department cars:
#CARS /RATE
9 car washes @ $3.00
7 car washes @ $3.00
Mr. Donald S. Casper
Page 13
b.
b.
3/14/86
3/28/86
4/10/86
5/16/86
6/27/86
7/11/86
7/25/86
8/15/86
9/25/86
10/10/86
11/14/86
12/30/86
12.00
36.00
21.00
33.00
45.00
24.00
15.00
45.00
99.00
42.00
54.00
54.00
$528.00
4 car washes
12 car washes
Police car washes
11 car washes
15 car washes @ $3.00
8 car washes
5 car washes
15 car washes
33 car washes
14 car washes
18 car washes
18 car washes
1•
N
N
p
176 car washes @3.00
Records and invoices reflecting payments made to Daniel
Casper in 1985, for washing cars:
(1) Police Car Washes - dated 8/8/85 and 8/21/85, and
signed by Daniel Casper.
Chartiers Township Supervisors Purchase Order - dated
8/21/85, to Daniel Casper, for 9 car washes at
$3.00 /car =total $27.00.
Check invoice:
(2) Car Washes
Chartiers
10/24/85,
$3.00 /car
8/30/85 to Daniel Casper for $27.00.
— dated 10/23/85, and signed by Dan Casper.
Township Supervisors Purchase Order -
to Daniel Casper, for 7 car washes at
- total $21.00.
Check invoice: 11/25/85 to Daniel Casper for $21.00.
27. You provided the following information regarding the township
employment of your son:
a. You were not aware of the conflict of interest in
your minor /dependent son, Daniel, to the Township
department until 1987. At that time you made the
fire Daniel.
hiring
road
motion to
You did discuss considering Daniel for employment with the
Township in front of the Board.
You did not know that you should not have voted to hire
your son.
c. You have another son, Donald, Jr. who was hired in 1987, but
Mr, Donald S. Caspei
Page 14
never worked. You believe that Donald, Jr. did wash cars
for the Township, as Daniel did, but you are not sure when.
d. You do not dispute the fact that you discussed the hiring of
your son Daniel, voted to hire him, and signed invoices to
pay him for work done for the Township.
A review of the Township invoices from 1983 to the present, show
that there are no invoices for washing cars in Donald, Jr.'s name.
III. Allegation: That you, a Township Supervisor for Chartiers
Township, Washington County, Pennsylvania indicated the following
provisions of the State Ethics Act and Regulations of the State
Ethics Commission in that you failed to file a Statement of Financial
Interests for the 1984 through 1987 calendar years:
Section 4. Statement of financial interests
required to be filed.
(a) Each public employee employed by the
Commonwealth shall file a statement of financial
interests for the preceding calendar year with the
department, agency or bureau in which he is
employed no later than May 1, of each year that he
holds such a position and of the year after he
leaves such a position. Any other public employee
shall file a statement of financial interests with
the governing authority of the political
subdivision by which he is employed no later than
May 1 of each year that he holds such a position
and of the year after he leaves such a position.
65 P.S. §404(a).
§4.4. Incumbent and former public officials.
(d) Former public officials shall file a
Statement of Financial Interests for their Nast
year of service by May 1 of the succeeding year.
This statement shall be filed at the same offices
they filed when they were incumbent officials.
51 Pa. Code §4.4(d).
A. Findings:
28. Finding number one (1) is incorporated herein by reference.
29. Records of Chartiers Township disclosed that you filed a
Statement of Financial Interest form with that office on February 19,
1983.
Mr. Donald S. Casper
Page 15
a. You filed a Statement of Financial Interest in April
1988.
b. You stated as follows:
(1) Your understanding was that once you filed, you were
not required to file again.
(2) You did not know you should file every year.
30. By way of letter dated July 19, 1988, and received by the State
Ethics Commission on July 26, 1988, you filed the Statements of
Financial Interests as follows:
a. For calendar year 1984
b. For calendar year 1985
c. For calendar year 1986
d. For calendar year 1987
B. Discussion: As a supervisor- in Chartiers Township, you are a
public official subject to the provisions of the Ethics Act. 65 P.S.
S402; Sowers, Opinion 80 -050; Szymanowski, Order No. 539. Section
3(a) of the Ethics Act provides:
Section 3. Restricted Activities.
(a) No public official or public employee shall
use his public office or any confidential
information received through his holding public
office to obtain financial gain other than
compensation provided by law for himself, a member
of his immediate family, or a business with which
he is associated. 65 P.S. Code S403(a).
Section 3(a) specifically provides that a public official may not
use his public office or confidential information to obtain a
financial gain for himself other than compensation provided for by
law.
The compensation which is allowed for a supervisor is strictly
regulated by statutory and decisional law.
Under Section 3(a) of the Ethics Act, this Commission has
previously determined that a township supervisor may not receive at
township's expense, health, hospitalization, medical and life
insurance benefits when such supervisor acts only in the capacity of a
supervisor. Krane, Opinion 84 -001; Cowie Opinion 84 -010.
Mr. Donald S. Casper
Page 16
Additionally, even if such a supervisor is employed by the township as
a superintendent, secretary /treasurer, roadmaster or laborer in
accordance with the Second Class Township Code, such benefits are
considered compensation and must, therefore, be fixed as such by the
township board of auditors. See Svnoski v. Hazel Township, 93 Pa.
Commw. 168, 500 A.2d 1282, (1985); In re: Appeal of the Auditors
Report of Muncv Creek Township, Pa. Commw. Ct. , 520 A.2d 1241,
(1987); Hunt, Order No. 348 -R. The foregoing principle was recently
reaffirmed by Pennsylvania Commonwealth Court in Yocabet v. State
Ethics Commission, Pa. Commw. Ct., 531 A.2d 536 (1987). In the
cited case, the Court held inter alia that a township supervisor
violated Section 3(a) of the Ethics Act when he received a salary for
the position of secretary /treasurer which had not been set by the
auditors. The Court, in affirming the Order of the Ethics Commission
which required a restitution of the financial gain, noted on page 539
of its Opinion:
Section 7 of the Ethics Act instructs the Commission
to investigate situations where there is a reasonable belief
that financial conflict may exist, and if conflict is found, to
require the offender to remove himself from the conflict without
gain.
Any benefits received other than as provided for above, would
constitute a financial gain obtained in violation of the State Ethics
Act. See McCutcheon v. State Ethics Commission, 77 Pa. Commw. 529,
466 A.2d 283, (1983); Conrad v. Exeter Township, 27 D & C 3d 253,
(1983). These principles of law are now well settled and constitute
the law under which this situation must be reviewed. See In re:
Report of Audit of South Union Township, 47 Pa. Commw. 1, 407 A.2d
906, (1979). Further, the right to sue for the restitution of the
financial gain obtained in violation of the Ethics Act has been upheld
by Commonwealth Court in Fee v. Commonwealth of Pennsylvania and
Township of Union, Pa. Commw. Ct. , 540 A.2d 1385 (1988).
In the instant matter, you were not a full -time or part -time
employee (supervisor) of the township but you received medical /life
insurance and pension benefits at township expense. The minutes of
January 7, 1985 for the township reflect that you made and voted for a
motion to provide benefits to the supervisors. In a January 5, 1987
meeting of the Board of Supervisors, you made a motion and voted in
favor of a motion to continue the insurance coverage for you and the
other supervisors. The Supervisors voted themselves Superintendents
which appears to be contrary to the Second Class Township Code, 53
P.S. S65514. In a January 4, 1988 meeting a motion was made and
approved to continue insurance coverage subject to auditor approval.
The auditors of Chartiers Township have stated that they never
approved insurance benefits for the supervisors. Even if the auditors
had approved such insurance benefits, their actions would be to no
avail since you were not a working supervisor.
Mr. Donald S. Casper
Page 17
Although it appears that you may have been receiving
insurance /pension benefits for most if not all of the time that you
have been a supervisors since 1979, Act No. 1988 -41 in Section 1(b)(2)
provides amnesty for any benefits received between January 1, 1959 and
March 31, 1985. Thus, even though Section 3(a) of the Ethics Act
would be implicated for any benefits you received during the amnesty
period, no penalty may be assessed against you for the benefits you
received between January 1, 1959 and March 31, 1985. However, in this
case, you have received $6,482.43 in township paid insurance benefits
after the end of the amnesty period. Your receipt of these benefits
at township expense violated Section 3(a) of the Ethics Act; you must
return this unlawful gain to your township. McCutcheon and Yocabet,
supra. You are hereby directed to forward a check to the State Ethics
Commission in the amount of $6,482.43 payable to Chartiers Township
within thirty (30) days of the date of this order or this matter will
be referred to the appropriate law enforcement authority.
Turning to the second allegation concerning the hiring of your
son to a position with the township, it is noted that you abstained on
the vote to appoint your son to a position of summer employment in the
June 12, 1985 meeting of the Board of Supervisors. However, on August
19 - , 1986 you seconded and voted for a motion to approve payment for
your son for police car washes which he .performed. You voted in favor
of a motion to appoint your son as an emergency extra. - Lastly, on
April 8, 1987 you made a motion and voted for the appointment of your
son to the road department. It is also noted that your son was a
minor dependent during the above period and hence was a member of your
immediate family.
"Immediate family" is defined under Section 2 of the Ethics Act
as follows:
Section 2. Definitions.
"Immediate family." A spouse residing in the
person's household and minor dependent children.
65 P.S. S402.
Since your son was under 18 years of age at the times of his
various appointments, he was a member of your "immediate family"
under the Ethics Act. As such, your actions in using your office to
appoint your son to a position of employment with the township was a
violation of the State Ethics Act. As a result, you must make
restitution of the financial gain received therefrom which amounted to
$2,493.97.
As to the third allegation regarding your failure to file
Statements of Financial Interests, it is noted that you subsequently
filed Statements of Financial Interests for the calendar years 1984
4r. Donald S. Casper
Page 18
through 1987 on July 26, 1988 with this Commission. Since you now
have filed the requisite statements and since there is no evidence to
indicate that your failure to file related to any attempt on your part
to conceal financial information, this Commission finds a technical
violation of Section 4 of the Ethics Act but will take no further
action as to this violation.
C. Conclusion and Order:
1. As a Chartiers Township Supervisor, you are a public official
subject to the provisions of the Ethics Act.
2. You violated Section 3(a) of the Ethics Act when you received
insurance benefits at township expense from April, 1985 to the
termination of the benefits.
3. The amount of the financial gain you received, referenced in
paragraph 2, amounts to $6,482.43.
4. You are hereby directed to forward a check to the State Ethics
Commission payable to Chartiers Township in the amount of
$6,482.43 within thirty (30) days of the date of this order.
5. Failure to comply with the provision of paragraph 4 above will
result in the referral of this matter to the appropriate law
enforcement authority.
ti. There was a violation of Section 3(a) of the Ethics Act when you
voted for matters regarding the employment of your son by the
township. You must, within 30 days of the date of this order,
forward to the State Ethics Commission a check in the amount of
$2,493.97 payable to Chartiers Township.
7. The total amount of restitution required to be forwarded to the
State Ethics Commission equals $8,976.40.
8. There is a violation of Section 4 of the Ethics Act regarding the
failure to file the Statement of Financial Interests for the
calendar years 1984 through 1987 but the Commission will take no
further action since you have filed the Statements of Financial
Interests and since there is no evidence to indicate that you
attempted to conceal any financial information.
Our files in this case will remain confidential in accordance
with Section 8(a) of the Ethics Act, 65 P.S. S408(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
pertinent factual findings. See 51 Pa. Code S2.38. During this 15-
day period, no one, including the respondent unless he waives his
Mr. Donald S. Casper
Page 19
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,
4�b.1�2,s
Joseph W. Marshall, III
Chairman