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HomeMy WebLinkAbout1145 RichardsIn Re: Wilfred Richards STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 File Docket: X -ref: Date Decided: Date Mailed: Before: Daneen E. Reese, Chair Austin M. Lee, Vice Chair Julius Uehlein Louis W. Fryman John J. Bolger Frank M. Brown Susan Mosites Bicket 98- 073 -C2 Order No. 1145 1/31/2000 2/11/2000 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 et seq., by the above - named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an Investigative Complaint. An Answer was filed and a hearing was waived. The record is complete. A Consent Agreement was submitted by the parties to the Commission for consideration which was subsequently approved. Effective December 15, 1998, Act 9 of 1989 was replaced by the Public Official and Employee Ethics Act ( "Ethics Act "), Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1 101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under that Act. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code §21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with the Ethics Act. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Richards, 98-073 -C2 ag�e2 I. ALLEGATION: Wilfred Richards, a public official, in his capacity as a Supervisor for West Abington Township, Lackawanna County, violated Sections 1103(a) and 1 103(f) of the State Ethics Act (Act 9 of 1989) when he used the authority of his office for the private pecuniary benefit of himself and /or a member of his immediate family when he participated in actions of the board to hire members of his immediate family for employment with the township; and when the contracts were entered into with members of his immediate family in excess of $500.00 without an open and public process. II. FINDINGS: 1. The Investigative Division of the State Ethics Commission received a signed, sworn complaint alleging that Wilfred Richards violated provisions of the State Ethics Act (Act 93 of 1998). 2. Upon review of the complaint the Investigative Division initiated a preliminary inquiry on December 3, 1998. 3. The preliminary inquiry was completed within sixty days. 4. On January 29, 1999, a letter was forwarded to Wilfred Richards, by the Executive Director of the State Ethics Commission informing him that a complaint against him was received by the Investigative Division and that a full investigation was being commenced. a. Said letter was forwarded by certified mail no. Z 015 323 505. b. The domestic return receipt bore the signature of J. J. Richards, with a delivery date of February 1, 1999. 5. On May 17, 1999, the Executive Director of the State Ethics Commission filed an application for a ninety -day extension of time to complete the Investigation. 6. The Commission issued an Order on June 1, 1999, granting the 90 -day extension. 7. Periodic notice letters were forwarded to Wilfred Richards in accordance with the provision of the Ethics Law advising him of the general status of the investigation. 8. The Investigative Complaint was mailed to the Respondent on October 25, 1999. 9. Wilfred Richards served as a West Abington Township Supervisor, Lackawanna County, from 1975 to 1998. a. Richards was the Vice Chairman in 1995 and 1996. b. Richards resigned his position as supervisor in June 1998. 10. Professionally, Mr. Richards owns a farm and produce business. a. Richards is also owner of Richards School Bus Service and contracts Richards, 98- 073 -C2 Page 3 with the Lackawanna School District. 11. West Abington Township maintains approximately five and a half (5.5) miles of road. a. West Abington Township owns a commercial grader, stone rake and two pickup trucks for road work. 12. West Abington Township does not employ any full -time laborers or staff. 13. West Abington Township supervisors performed work on township roads as needed. a. No supervisor was officially designated the Roadmaster at the reorganization meetings each January. 14. West Abington Township does not have an official township building, storage or maintenance facility. 15. The township has garage and storage space provided by Richards for storage of supplies and maintenance of township vehicles. a. Prior to 1994 Richards was not compensated for providing garage and storage space. 16. Wilfred Richards rented a 15' x 30' garage and miscellaneous tools to West Abington Township in 1994. a. The garage space and tools are personally owned by Wilfred Richards and used on his farm and for business. b. West Abington Township repaired township vehicles with Wilfred Richards' tools and stored calcium for the township's roads in the garage. 17. Beginning in 1994 Richards was compensated by the township for use of garage space and tools. a. The rental fee was discussed and agreed by Richards and the other two members of the board of supervisors. 18. Richards charged the township $150.00 in 1994 for rental of the 15' x 30' garage and miscellaneous tools. a. Richards did not bill the township in 1995 for garage space or tools. 19. Wilfred Richards rented a 15' x 30' (450 sq. foot) garage and 12' x 10' (120 sq. foot) office to West Abington Township from 1996 to 1998. a. Wilfred Richards charged West Abington Township a flat rental fee of $300.00 per year from 1996 to 1998 for the use of the garage and office. b. West Abington Township stored calcium and township equipment in the garage and used the office space to conduct monthly Board of Supervisor's meetings. Richards, 98- 073 -C2 Page 4 20. The rental of the garage and office space was not competitively bid in an open and public process by West Abington Township. a. Supervisors including Richards discussed the rental and agreed upon a $300.00 per year fee. 21. Wilfred Richards also billed the township $162.00 in 1995 for labor and parts to repair township equipment. a. Wilfred Richards repaired township vehicles using his personal tools and parts. b. The repairs were made at Wilfred Richards' farm. 22. All funds paid to Wilfred Richards were from West Abington Township's general funds account. 23. Payments issued to Wilfred Richards were included as part of the supervisor's monthly bill lists. a. Bill lists are voted on in their entirety by a single motion. 24. Wilfred Richards voted during official township supervisor's meetings to approve the payments to himself for the garage /office rentals and his labor and parts to repair township equipment. 25. Wilfred Richards signed the front of each check payable to himself. 26. The following is a list of payments to Wilfred Richards for garage /office rentals and labor from 1994 to 1998. Check No. Date Amount Pavee 2565 03/01/94 $150.00 Garage /Tool Rental 1994 Total $150.00 Check No. Date Amount Pavee 2677 03/07/95 .$162.00 Labor /Parts 1995 Total $162.00 Check No. Date Amount Payee 2826 07/02/96 $300.00 Garage Rental 1996 Total $300.00 Check No. 2876 Date Amount Pavee 01/06/97 $ 20.00 Labor Richards, 98- 073-C2 Page 5 2934 06/03/97 $300.00 Office Rental 1997 Total $ 320.00 Check No. Date Amount Payee 3047 04/07/98 $300.00 Office Rental 1998 Total $ 300.00 27. Supervisor Richards participated in official actions to approve the following payments to himself: Check Check Meeting Official No. Amount Payee Date Action Vote 2565 $150.00 J. W. Richards 03/01/94 Approved Bills Yes 2677 $162.00 J. W. Richards 03/07/95 Approved Bills Yes 2826 $300.00 J. W. Richards 07/02/96 Approved Bills Yes 2876 $ 17.91 J. W. Richards 01/02/97 Approved Bills Yes 2934 $300.00 Wilfred Richards 06/03/97 Approved Bills Yes 3047 $300.00 Wilfred Richards 04/07/98 Approved Bills Yes 28. Since at least 1994 Richards and other board members have sold gasoline to the township for use in township equipment. 29. Wilfred Richards sold petroleum products and automotive fluids including: gasoline, diesel fuel, oil, antifreeze, transmission fluid and steering fluid to West Abington Township from 1994 to 1998. a. Wilfred Richards billed these products to West Abington Township in his wife's name, L. R. Richards. 30. Richards billed the township in his wife's name after being advised during a seminar that he could not contract with the township, due to his elected position. a. Richards was under the belief that family members could conduct business with the township. b. Richard's wife did not have a role in the sale of gas products to the township. c. This information was provided to Supervisors Cours and Schirg who billed the township for their services in their wives' names. 31. The petroleum and automotive fluids were not competitively bid in an open and public process by West Abington Township. a. The purchasing of fuel and related products from Richards was not approved by the board during a public meeting. b. All board members were aware of Richards selling fuel to the township. Date Fuel Sold to the Twp. Fuel Type Total Gallons twp. Purchased Unit price twp. paid per gallon Total fuel cost to twp. Unit price Richards paid per gallon Total fuel cost to Richards Richards' profit from the sales 02/04/95 Regular 14.0 1.25 17.50 1.23 17.22 + .28 02/05/95 Regular 20.0 1.25 25.00 1.23 24.60 + .40 02/05/95 Regular 20.0 1.25 25.00 1.23 24.60 + .40 02/06/95 Regular 14.7 1.25 18.38 1.23 18.08 + .39 02/26/95 Regular 18.0 1.16 20.88 1.17 21.06 + .18 03/09/95 Regular 22.0 1.16 25.52 1.17 25.74 + .22 03/21/95 Regular 19.0 1.16 22.04 1.15 21.85 + .19 04/07/95 Regular 9.0 1.16 10.44 1.15 10.35 + .09 04/20/95 Diesel 23.0 1.07 24.61 1.13 25.99 -1.38 12/05/96 Regular 14.0 1.21 16.94 1.20 16.80 + .14 12/09/96 Regular 13.0 1.21 15.73 1.20 15.60 + .13 12/17/96 Regular 20.0 1.21 24.20 1.20 24.00 + .20 12/20/96 Regular 14.0 1.21 16.94 1.20 16.80 + .14 03/07/97 Regular 10.0 1.21 12.10 1.20 12.00 + .10 03/21/97 Regular 8.0 1.20 9.60 1.20 9.60 0.0 03/31/97 Regular 5.0 1.20 6.00 1.20 6.00 0.0 03/31/97 Regular 24.0 1.20 28.80 1.20 28.80 0.0 04/18/97 Regular 8.0 1.20 9.60 1.20 9.60 0.0 Total Profits to Richards +$1.59 Richards, 98- 073 -C2 Page 6 1. Board members Cours and Schirg also billed the township for gasoline. 32. Gasoline was provided by Richards for township vehicles from private supplies he utilized for his school bus business. a. Gasoline was provided on an as needed basis. 33. Wilfred Richards sold the petroleum products and automotive fluids to West Abington Township at his cost. 34. Between 1995 and 1997 Richards provided fuel to the township as follows: 35. Payments made by the township to L. R. Richards for the petroleum and automotive fluids were from West Abington Township's general funds account. 36. Payments issued to L. R. Richards were included as part of the supervisors' monthly bill lists. a. Wilfred Richards' voted during official township supervisors' meetings to approve the payments to his wife, Lila R. Richards, for the sale of petroleum products and automotive fluids to West Abington Township 37. Wilfred Richards signed the front of each check payable to L. R. Richards. 38. The following is a list of payments to L. R. Richards for petroleum and miscellaneous automotive fluid sales to West Abington Township from at least 1994 through 1998. Check No. Date 2539 02/01/94 2560 03/01/94 Amount Purpose $373.68 Gas, Oil, Muffler Clamps $233.33 Gas, Oil ($32.54 Reimbursement) Richards, 98- 073 -C2 Pam 2577 2590 2598 2626 2645 1994 Total Check No. 2660 2685 2697 2751 1995 Total Check No. Date 2789 2808 2875 1996 Total 04/05/94 05/03/94 06/07/94 10/04/94 01/03/95 Check No. Date 2884 2904 2925 2949 2965 2994 2995 1997 Total Check No. Date 3027 3054 1998 Total Check Check No. Amount 2539 $373.68 2560 $233.33 2577 $157.43 2590 $ 30.58 $157.43 $ 30.58 $122.00 $103.42 $ 55.51 $1,043.41 Date Amount 02/07/95 04/04/95 05/02/95 01/02/96 03/05/96 05/07/96 01/06/97 02/04/97 03/04/97 05/06/97 08/05/97 11/06/97 01/05/98 01/05/98 03/03/98 $201.78 05/05/98 $ 78.03 39. Supervisor Richards participated in official actions to approve the following payments to L. R. Richards: Payee $251.38 $ 68.44 $ 37.55 $607.01 $964.38 Amount $111.42 $ 81.29 $102.89 $295.60 Amount $ 99.27 $ 57.60 $ 68.50 $ 64.48 $ 29.04 $ 53.80 $100.32 $473.01 Amount $279.81 L. R. Richards L. R. Richards L. R. Richards L. R. Richards Gas, Oil, Misc. Parts Gas & Oil Gas, OiI, Misc. Parts Gas Gas Purpose Gas Gas Gas & OiI Gas & Oil Purpose Gas & OiI Gas Gas Purpose Gas, Misc. Fluids Gas Gas Gas & Oil Gas Gas Gas Purpose Gas & Oil Gas Meeting Date 02/01/94 03/01/94 04/05/94 05/03/94 Official Action Approved Bills Approved Bills Approved Bills Approved Bills Vote Yes Yes Yes Yes Richards, 98- 073 -C2 Page 8 2598 $122.00 2626 $103.42 2645 $ 55.51 2660 $251.38 2685 $ 68.44 2697 $ 37.55 2751 $607.01 2789 $111.42 2875 $102.89 2884 $ 99.27 2904 $ 57.60 2925 $ 68.50 2949 $ 64.48 2965 $ 29.04 2994 $ 53.80 2995 $100.32 3027 $201.78 3054 $ 78.03 Check No. Check Amt. Payee Year 1994 Total 1995 Total 1996 Total 1997 L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards L. R. Richards Amount $ 150.00 $1,043.41 $1,193.41 $ 964.38 $ 162.00 $1,126.38 06/01/94 10/04/94 01/03/95 02/07/95 04/04/95 05/02/95 01/02/96 03/05/96 01/02/97 02/04/97 03/04/97 05/06/97 08/05/97 11/06/97 01/05/98 01/05/98 03/03/98 05/05/98 Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills Approved Bills 40. Wilfred Richards was not present at the May 2, 1996, Supervisors' Meeting when the following check to L. R. Richards was officially approved. 2808 $ 81.29 L. R. Richards Meeting Date 41. Wilfred Richards submitted an invoice to West Abington Township on February 6, 1996, for fuel and oil sales in the amount of $196.79. a. Wilfred Richards did not receive a payment for the $196.79 bill. 42. Richards used the authority of his office to approve payments and sign checks issued to him by the township for rental space, repairs and gasoline: Type of Purchase Garage Rental Gasoline, etc. Gasoline, Oil Labor, Parts $ 300.00 Garage Rental $ 295.60 Gasoline $ 595.60 $ 300.00 Garage Rental $ 20.00 Labor 05/02/96 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Richards, 98- 073 -C2 Page 9 Total 1998 Total $ 473.01 $ 793.01 $ 300.00 $ 279.81 $ 579.81 Gasoline Garage Rental Gasoline III. DISCUSSION: At all times relevant to this matter, the Respondent, Wilfred Richards, hereinafter Richards, has been a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), Act 9 of 1989, as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1 101, et seq. The issue is whether Richards violated Sections 1103(a) and 1103(f) of the Ethics Act regarding his alleged participation in actions of the board to hire members of his immediate family for employment with the township and as to contracts with members of his immediate family in excess of $500.00 without an open and public process. Section 1103. Restricted activities. (a) Conflict of interest. - -No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. §1103(a). The term "conflict of interest" is defined under the Ethics Act as follows: Section 1102. Definitions. "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. §1102. Section 1 103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the Richards, 98- 073 -C2 Page 10 public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 1103(f) of the Ethics Act imposes certain restrictions as to contracting. Section 1 103. Restricted activities. (f) Contract. - -No public official or public employee or his spouse or child or any business in which the person or his spouse or child is associated shall enter into any contract valued at $500 or more with the governmental body with which the public official or public employee is associated or any subcontract valued at $500 or more with any person who has been awarded a contract with the governmental body with which the public official or public employee is associated, unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the public official or public employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. Any contract or subcontract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of the making of the contract or subcontract. 65 Pa.C.S. §1 103(f). In addition, Section 1103(f) specifically provides in part that no public official /public employee or spouse or child or business with which he or the spouse or child is associated may enter into a contract with his governmental body valued at five hundred dollars or more or any subcontract valued at five hundred dollars or more with any person who has been awarded a contract with the governmental body with which the public official /public employee is associated unless the contract is awarded through an open and public process including prior public notice and subsequent public disclosure. Having noted the issues and applicable law, we shall now summarize the relevant facts. Richards served as a West Abington Township Supervisor from 1975 until his resignation in June 1998. In a private capacity Richards owns a farm, a produce business and a school bus service. Since the Township does not employ any full -time laborers or staff, the Supervisors work on Township roads. The Township owns certain road equipment and pick -up trucks in order to maintain its roads. Since the Township does not have an official Township building or any storage or maintenance facility, Richards supplied the Township with the use of his garage for storage of supplies and maintenance of Township vehicles. The building is a 15x30 -foot garage which stores Richards' tools for the repair of Township vehicles and calcium for Township roads. Richards originally provided his building to the Township for its use at no charge. In 1994, Richards charged the Township $150 for the rental of his building and miscellaneous tools. In 1995, Richards did not bill the Township. From 1996 to 1998, Richards charged the Township a flat rental fee of $300 per year for the use of the garage and Richards, 98- 073 -C2 Page 11 office. The building rental was not competitively bid but was based upon a yearly rental fee agreed between Richards and the Supervisors. In addition to renting his garage and tools to the Township, Richards also repaired Township vehicles. In 1995, Richards billed the Township $162 for labor and parts to repair Township equipment. Payments to Richards were made from the Township general fund following approval of the monthly bills list which was voted on in its entirety by the Board. Fact - Findings 26 and 27 delineate the list of payments to Richards for his garage rentals and labor from 1994 to 1998, his participation in the process and official Board actions to approve payments to himself. From at least 1994 Richards, as well as other Board members, sold gasoline to the Township for use in its equipment. Since there was a perception that an official could not contract with the Township, Richards billed the Township in his spouse's name for the sale of petroleum products. Parenthetically, the other two Supervisors also billed the Township for such services in their spouses' names. Richards supplied the Township with gasoline on an as needed basis between 1995 and 1997. The details of such sales are delineated in Fact Finding 34. The list of payments to Richards for the petroleum and miscellaneous fluid sales to the Township are set forth in Fact Finding 38. Richards participated in official actions to approve payments to himself as set forth in Fact Finding 39. Finally, Fact Finding 42 summarizes on a yearly basis the types of services provided by Richards to the Township as well as the amounts that he received. Having summarized the above relevant facts, we must now determine whether the actions of Richards violated Sections 1103(a) and 1103(f) of the Ethics Act. The parties have submitted a Consent Agreement together with a Stipulation of Findings wherein it is proposed to resolve the case by finding a violation of Section 1103(a) of the Ethics Act when Richards participated in votes of the West Abington Township Board to approve payments to himself for the rental of garage and office space to the Township; no violation of the Ethics Act when Richards entered into annual contracts with the Township to provide office and garage space without an open and public process because the amounts involved were less than $500 per year; and no violation of the Ethics Act when Richards provided gasoline and petroleum products to the Township because the products were provided at cost, resulting in no private pecuniary benefit to Richards. In the Consent Agreement, the Investigative Division has chosen not to further proceed as to the allegations in this case regarding participation by Richards to hire members of his immediate family and as to Township contracts with immediate family members. Recognizing that the Investigative Division has prosecutorial discretion, we will accordingly defer to such discretion and make our disposition based upon the allegations as delineated by the parties in the Consent Agreement. See, Ferraro, Order 1099. Regarding the provision of services as to the garage /office rental, there were uses of authority of office on the part of Richards under Section 1103(a) of the Ethics Act. Richards participated in the bill approval process and signed some of the Township checks, as a Supervisor, which were payable to himself for providing the services to the Township. Such actions were uses of authority of office. See Juliante, Order 809. The uses of authority of office on the part of Richards resulted in pecuniary benefits to him consisting of the financial gain that he realized by providing the services to the Township. The pecuniary benefits were private because there is no provision in the Second Class Township Code which allows a Supervisor to participate as to the approval of payments to himself for providing private services Richards, 98- 073 -C2 Pam to the Township. See, Hessinger, Order 931, affirmed in part, R.H. and T.W. v. State Ethics Commission, 673 A.2d 1004 (Pa. Commw. Ct. 1996). Lastly, the private pecuniary benefits inured to Richards himself. Accordingly, Richards violated Section 1103(a) of the Ethics Act when he used the authority of office to obtain a private pecuniary benefit for himself when he participated in the approval of payments to himself regarding the rental of a garage and office space to the Township. As to the sale of gasoline and various petroleum products to the Township we find no violation of Section 1103(a) of the Ethics Act. In this regard, we note that the parties have stipulated that Richards received no profit from the sale of such petroleum products. In that there was no profit, there could be no pecuniary benefit. Hence, Richards did not violate Section 1103(a) of the Ethics Act regarding the sale of gasoline and petroleum products to the Township in that he did not receive a private pecuniary benefit for such sales which were made without profit. Turning to Section 1103(f) of the Ethics Act, a review of the Stipulated Findings by the parties reflects that all such contracts for the garage /office rental were under $500 per year. Accordingly, since the contracting threshold of the Ethics Act was not exceeded, Section 1103(f) was not implicated. Therefore, as to all such contracts, Richards did not violate Section 1103(f) of the Ethics Act in that such contracts were less than $500. Lastly, as to the Stipulation of Findings and Consent Agreement, we believe that the Consent Agreement is the proper disposition for this case based upon our review as reflected in the above analysis and the totality of the facts and circumstances. We shall take no further action in this case which is closed. IV. CONCLUSIONS OF LAW: 1. Wilfred Richards, as a Supervisor in West Abington Township, was a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Richards violated Section 1103(a) of the Ethics Act when he participated in votes of the West Abington Township Supervisors to approve payments to himself for the rental of garage and office space to the Township. 3. Richards did not violate Section 1103(a) of the Ethics Act regarding the sale of petroleum products to the Township in that he did not receive a private pecuniary benefit from such sales which were made without profit. 4. No violation of Section 1103(f) of the Ethics Act occurred when Richards entered into contracts with the Township to provide office and garage space without an open and public process where such amounts were Tess than $500 per year. In Re: Wilfred Richards File Docket: 98- 073 -C2 Date Decided: 1/31/2000 Date Mailed: 2/11/2000 ORDER NO. 1145 1. Wilfred Richards, as a Supervisor in West Abington Township, violated Section 1103(a) of the Ethics Act when he participated in votes of the West Abington Township Supervisors to approve payments to himself for the rental of garage and office space to the Township. 2. Richards did not violate Section 1103(a) of the Ethics Act regarding the sale of petroleum products to the Township in that he did not receive a private pecuniary benefit from such sales which were made without profit. 3. No violation of Section 1103(f) of the Ethics Act occurred when Richards entered into contracts with the Township to provide office and garage space without an open and public process where such amounts were less than $500 per year. BY THE COMMISSION, t 6 emu- DANEEN E. REESE, CHAIR