HomeMy WebLinkAbout1146 SchirgIn Re: Richard Schirg
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
98- 072 -C2
Order No. 1146
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.
§1101 et se g., 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.
Schirci, 98- 072 -C2
Page 2
I. ALLEGATION:
Richard Schirg, a public official in his capacity as a supervisor for West Abington
Township violated provisions of the State Ethics Act (Act 9 of 1989, 65 P.S. §401
et seg.) when he used the authority of your office for the private pecuniary benefit of
himself and /or a member of your 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. Richard Schirg has served as a West Abington Township Supervisor,
Lackawanna County, since 1992.
a. Mr. Schirg served as the Vice Chairman in 1994 and has served as the
Chairman from 1995 to 1998.
2. Professionally Richard Schirg is a self - employed electrical contractor.
a. Schirg is President of Richard Schirg & Sons, Inc.
3. West Abington Township maintains approximately five an a half (5.5) miles of
road.
4. West Abington Township owns a limited amount of machinery and equipment
to maintain their roads.
a. The township owns a grader, stone rake and two pickup trucks.
b. West Abington Township does not own a tractor, loader or backhoe.
5. West Abington Township must rent a tractor, loader and backhoe or contract
with neighboring townships to have the road work performed.
6. Clinton Township (neighboring municipality) charges fifty ($50.00)dollars per
hour for the use of their equipment with an operator.
a. Clinton Township does not require a minimum number of rental hours.
b. Clinton Township does not charge a fee to deliver their equipment to
West Abington Township.
7. West Abington township does not employ any full times laborers or staff.
8. West Abington Township supervisors perform work on township roads as
needed.
a. The supervisors have not been officially designated the Roadmaster or
laborers at the reorganizational meetings each January.
9. Richard Schirg was compensated for working on township roads from 1994 to
1998.
a. Duties included snow plowing and cindering and maintenance on
vehicles.
Schirg, 98- 072 -C2
Page 3
10. Wages for township supervisors have been set by the West Abington Township
Auditors as follows:
02/01/94: Laborer -
Equip. Oper. -
Supervisor -
01/04/95: Laborer -
Equip. Oper. -
Supervisor -
01/04/96:
01/07/97
01/06/98:
11. The hourly laborer rate set by the auditors was for employees hired as laborers
other than the supervisors.
a. Supervisors working as laborers were to be paid the rate set for
"supervisors."
12. Schirg submitted bills to the township for hours worked as follows:
a. 1994
Date
01/03/94
01/04/94
01/07/94
01/08/94
01/09/94
01/17/94
01/18/94
01/25/94
01/26/94
01/28/94
02/02/94
02/07/94
02/08/94
02/09/94
02/11/94
02/21/94
02/23/94
02/26/94
02/29/94
Laborer
Equip. Oper.
Supervisor
Laborer -
Equip. Oper. -
Supervisor -
Laborer
Equip. Oper.
Supervisor
Duties
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
TOTAL
NET TOTAL
$7.00 /hour
$ 9.00 /hour
$9.00 /hour
$ 7.00 /hour
$9.00 /hour
$9.00 /hour
$7.00 /hour
$10.00 /hour
$9.00 /hour
$7.00 /hour
$10.00 /hour
$ 9.00 /hour
$ 8.00 /hour
$1 1.00 /hour
$ 9.00 /hour
Hours Worked
2.0
8.0
3.0
6.0
3.0
2.0
8.0
3.0
4.0
3.0
42.0
Rate Total
$8.00 /hr $ 16.00
$8.00 /hr $ 64.00
$8.00 /hr $ 24.00
$8.00 /hr $ 48.00
$8.00 /hr $ 24.00
$8.00 /hr $ 16.00
$8.00 /hr $ 64.00
$8.00 /hr $ 24.00
$8.00 /hr $ 32.00
$8.00 /hr $ 24.00
$336.00
$300.87
None Listed 5.0 $9.00 /hr $ 45.00
None Listed 3.0 $9.00 /hr $ 24.00
None Listed 2.0 $9.00 /hr $ 18.00
None Listed 5.0 $9.00 /hr $ 45.00
None Listed 3.0 $9.00 /hr $ 27.00
None Listed 5.0 $9.00 /hr $ 72.00
None Listed 4.0 $9.00 /hr $ 36.00
None Listed 4.0 $9.00 /hr $ 36.00
None Listed 6.0 $9.00 /hr $ 54.00
Schirg, 98- 072 -C2
Page 4
03/02/94
03/03/94
03/04/94
03/05/94
03/07/94
03/10/94
03/18/94
04/15/94
04/24/94
05/10/94
06/07/94
06/08/94
06/09/94
06/10/94
08/19/94
08/29/94
08/27/94
08/28/94
08/29/94
09/15/94
10/18/94
11/11/94
11/12/94
b. 1995
Date
01/01/95
01/02/95
01/21/95
01/22/95
TOTAL
TOTAL NET
41.0
Snow Plow 2.0
Snow Plow 10.0
Snow Plow 4.0
Snow Plow 5.0
Snow Plow 3.0
Snow Plow 5.0
Snow Plow 2.0
TOTAL 31.0
TOTAL NET
Grader - Stanton Rd 4.0
Cut Up Trees 2.0
TOTAL 6.0
TOTAL NET
Grader 4.0
TOTAL 4.0
Grader 8.0
Grader 6.0
Grader 8.0
Grader _3,_Q.
TOTAL 30.0
TOTAL NET
Grader & Truck 5.0
Grader & Truck 2.0
Grader & Truck 8.0
Grader & Truck 4.0
Grader & Truck 2.0
TOTAL 21.0
TOTAL NET
None Listed 4.0
TOTAL 4.0
TOTAL NET
None Listed 8.0
TOTAL 8.0
Grader 8.0
Grader 4.0
TOTAL 12.0
TOTAL NET
TOTAL HOURS: 199.0
Duties
None Listed
None Listed
None Listed
None Listed
Hours Worked
3.0
2.0
2.0
4.0
59.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
59.00 /hr
$9.00 /hr
$ 9.00 /hr
$ 9.00 /hr
$9.00 /hr
$9.00 /hr
$ 9.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
$ 9.00 /hr
$9.00/hr
$ 9.00 /hr
$ 366.00
$327.74
$ 18.00
$ 90.00
$ 36.00
$ 45.00
$ 27.00
$ 45.00
$ 18.00
$279.00
$ 249.83
$ 36.00
$ 18.00
$ 54.00
$48.34
S 36.00
$ 36.00
$ 72.00
$ 54.00
$ 72.00
$ 72.00
$ 270.00
$ 241.78
$ 45.00
$ 18.00
$ 72.00
$ 36.00
$ 18.00
$189.00
$169.24
$ 36.00
$ 36.00
$ 32.21
$ 72.00
$ 72.00
$ 72.00
$ 36.00
$108.00
$96.70
Rate Iota!
$9.00 /hr $ 27.00
$9.00 /hr $ 18.00
$9.00 /hr $ 18.00
$9.00 /hr $ 36.00
Schirq, 98- 072 -C2
Page 5
01/23/95
01/27/95
02/04/95
02/05/95
02/06/95
02/16/95
02/26/95
03/08/95
03/09/95
03/15/95
03/16/95
04/20/95
04/27/95
08/07/95
08/25/95
08/26/95
08/28/95
11/12/95
11/13/95
11/14/95
11/15/95
11/16/95
11/29/95
12/09/95
12/14/95
12/19/95
12/20/95
c. 1996:
Date
01/02/96
01/03/96
01/07/96
01/08/96
None Listed 3.0
None Listed 12.0
TOTAL 26
NET TOTAL
None Listed
None Listed
None Listed
None Listed
None Listed
TOTAL
NET TOTAL
8.0
5.0
2.0
6.0
2.0
23.0
None Listed 6.0
None Listed 7.0
None Listed 2.0
None Listed C_.O
TOTAL 21.0
NET TOTAL
None Listed 6.0
None Listed 8_0
TOTAL 14.0
NET TOTAL
None Listed
None Listed
None Listed
None Listed
TOTAL
NET TOTAL
2.0
2.0
3.0
1_5
8.5
None Listed 3.0
None Listed 5.0
None Listed 12.0
None Listed 8.0
None Listed 3.0
None Listed 4_0
TOTAL 35.0
NET TOTAL
Plowing, Cindering 4.0
Plowing, Cindering 5.0
Plowing, Cindering 6.0
Plowing, Cindering 5_0
TOTAL 20.0
NET TOTAL
TOTAL HOURS 147.5
Duties
None Listed
None Listed
None Listed
None Listed
Hours Worked
2.0
11.0
2.0
8.0
$9.00 /hr
$9.00 /hr
$9.00 /hr
$ 9.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
$ 9.00 /hr
$ 9.00 /hr
$9.00 /hr
$9.00 /hr
$ 9.00 /hr
$ 9.00 /hr
$ 9.00 /hr
$9.00 /hr
$ 9.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
$9.00 /hr
$ 9.00 /hr
$9.00 /hr
$9.00 /hr
$ 9.00 /hr
$9.00 /hr
Rate
$9.00 /hr
$ 9.00 /hr
$10.00 /hr
$10.00 /hr
$ 27.00
$108.00
$ 234.00
$ 209.53
$ 72.00
$ 36.00
$ 18.00
$ 54.00
$ 18.00
$198.00
$177.29
$ 54.00
$ 63.00
$ 18.00
$ 54.00
$189.00
$169.24
$ 54.00
$ 72.00
$126.00
$112.82
$ 18.00
$ 18.00
$ 27.00
$ 13.50
$ 76.50
$ 68.49
$ 27.00
$ 45.00
$108.00
$ 72.00
$ 27.00
$ 36.00
$315.00
$ 282.03
$ 36.00
$ 45.00
$ 54.00
$180.00
$180.00
$161.19
Total
$ 18.00
$ 99.00
$ 20.00
$ 80.00
Schirg, 98- 072 -C2
Page 6
01/09/96
01/10/96
01/12/96
01/13/96
01/14/96
01/19/96
01/20/96
01/21/96
01/26/96
01/31/96
02/03/96
02/12/96
02/14/96
02/22/96
02/23/96
02/24/96
02/26/96
03/03/96
03/07/96
03/08/96
03/09/96
05/13/96
05/23/96
06/01/96
06/19/96
07/06/96
08/03/96
09/21/96
10/26/96
11/11/96
11/14/96
12/06/96
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
TOTAL
NET TOTAL
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
TOTAL
NET TOTAL
None Listed
None Listed
None Listed
TOTAL
NET TOTAL
None Listed
TOTAL
NET TOTAL
Grader
Grader
TOTAL
NET TOTAL
Grader
TOTAL
NET TOTAL
Grader
TOTAL
NET TOTAL
None Listed
None Listed
None Listed
6.0
2.0
7.0
7.0
2.0
4.0
9.0
5.0
2.0
75.0
5.0
5.0
2.0
5.0
8.0
5.0
8.0
38.0
Snow Plowing
Snow Plowing
Snow Plowing 1 1.0
Snow Plowing 5.0
TOTAL 22.0
NET TOTAL
2.0
4.0
2.0
5.0
8.0
15.0
8.0 $10.00 /hr
8.0
4.0
4.0
8.0
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00/hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
6.0 $10.00 /hr
6.0
6.0 $10.00 /hr
6.0
6.0
8.0
3.0
$10.00 /hr
$10.00 /hr
$10.00 /hr
$ 60.00
$ 20.00
$ 70.00
$ 70.00
$ 20.00
$ 40.00
$ 90.00
$ 50.00
$ 20.00
$ 80.00
$737.00
$659.99
$ 50.00
$ 50.00
$ 20.00
$ 50.00
$ 80.00
$ 50.00
$ 80.00
$380.00
$340.29
$ 20.00
$ 40.00
$1 10.00
$ 50.00
$220.00
$196.97
$ 20.00
$ 50.00
$ 80.00
$150.00
$134.32
$80.00
$80.00
$71.35
$ 40.00
$ 40.00
$ 80.00
$ 71.64
$ 60.00
$ 60.00
$ 53.72
$ 60.00
$ 60.00
$ 53.74
$ 60.00
$ 80.00
$ 30.00
Schirg, 98- 072 -C2
Page 7
12/04/96
12/20/96
12/31/96
d. 1997:
Date
01/02/97
01/03/97
01/10/97
01/16/97
01/17/97
01/25/97
01/26/97
01/27/97
01/28/97
01/31/97
02/05/97
03/14/97
03/28/97
03/31/97
04/01/97
06/14/97
06/15/97
07/19/97
07/26/97
09/06/97
09/07/97
09/06/97
11/14/97
11/16/97
12/10/97
12/11/97
12/22/97
12/25/97
None Listed 4.0
None Listed 10.0
None Listed 3.0
TOTAL 34.0
TOTAL NET
TOTAL HOURS
Duties
Snow Plowing
Snow Plowing
Snow Plowing
Snow Plowing
Snow Plowing
Snow Plowing
Snow Plowing
Snow Plowing
Snow Plowing
Snow Plowing
TOTAL
TOTAL NET
Snow Plowing
Snow Plowing
Grader
Snow Plowing
TOTAL
NET TOTAL
Grader
Grader
TOTAL
TOTAL NET
Grader
Grader
TOTAL
TOTAL NET
Grader
Grader
Grader
TOTAL
TOTAL NET
None Listed
None Listed
None Listed
None Listed
None Listed
None Listed
212.0
Hours Worked
10.0
3.0
6.0
8.0
8.0
5.0
2.0
8.0
10.0
2.0
62.0
3.0
4.0
4.0
3.0
14.0
Snow Plowing 3.0
TOTAL 3.0
TOTAL NET
4.0
4.0
8.0
4.0
2
6.0
8.0
6.0
2.0
16.0
5.0
2.0
3.0
3.0
3.0
1.0
$10.00 /hr $ 40.00
$10.00 /hr $100.00
$10.00 /hr $ 30.00
$ 340.00
$ 304.47
ate
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /yr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
$10.00 /hr
Total
$100.00
$ 30.00
$ 60.00
$ 80.00
$ 80.00
$ 50.00
$ 20.00
$ 80.00
$100.00
$ 20.00
$620.00
$555.21
$ 30.00
$ 40.00
$ 40.00
$ 30.00
$140.00
$125.37
$ 30.00
$80.00
$71.64
40.00
40.00
80.00
71.64
40.00
20.00
60.00
53.73
$ 80.00
$ 60.00
$ 20.00
$160.00
$143.28
$ 50.00
$ 20.00
$ 30.00
$ 30.00
$ 30.00
$ 10.00
Schirg, 98- 072 -C2
Page 8
12/30/97
12/31/97
e. 1998:
Date
01/02/98
01/16/98
01/18/98
01/23/98
01/24/98
01/28/98
02/03/98
02/05/98
02/17/98
02/24/98
02/25/98
03/14/98
03/22/98
04/07/98
04/07/98
04/08/98
04/15/98
04/15/98
04/15/98
04/09/98
04/13/98
05/01/98
05/01/98
07/15/98
07/16/98
08/06/98
08/07/98
08/07/98
08/08/98
None Listed
None Listed
TOTAL
TOTAL NET
TOTAL HOURS
Duties
Snow Plowing
Snow Plowing
Snow Plowing
Snow Plowing
Snow Plowing
Snow Plowing
TOTAL
TOTAL NET
Grader
Plow Snow
Plow Snow
Plow Snow
Plow Snow
TOTAL
TOTAL NET
Snow Plow
Snow Plow
TOTAL
TOTAL NET
Grader
Stone Rake
Repair Stone Rake
Repair Pot Hole
Grader
Stone Rake
TOTAL
NET TOTAL
Grader
Grader
Grader
Stone Rake
TOTAL
TOTAL NET
Grader
Spread Calcium
TOTAL
TOTAL NET
Work on Grader
Grade
Spread Calcium
Work on Grader
8.0
30.0
139.0
Hours Worked
1.0
4.0
3.0
6.0
6.0
23.0
8.0
4.0
3.0
9.0
3.0
27.0
4.0
3.0
7.0
4.0
4.0
3.0
2.0
4.0
5.0
22.0
4.0
4.0
3.0
3.0
13.0
9.0
3.0
11.0
2.0
8.0
3.0
3.0
$10.00 /hr $ 80.00
$10.00 /hr $ 50.00
$ 300.00
$ 274.25
Rate
$10.00 /hr
$11.00 /hr
$11.00 /hr
$11.00 /hr
$11.00 /hr
$11.00 /hr
$11.00 /hr
$1 1.00 /hr
$1 1.00 /hr
$1 1.00 /hr
$11.00 /hr
$1 1.00 /hr
$1 1.00 /hr
$1 1.00 /hr
$11.00 /hr
$11.00 /hr
$11.00 /hr
$11.00 /hr
$11.00 /hr
$11.00 /hr
$11.00 /hr
$11.00 /hr
$11.00 /hr
$1 1.00 /hr
$11.00 /hr
$11.00 /hr
$1 1.00 /hr
$11.00 /hr
$1 1.00/hr
Total
$ 10.00
$ 44.00
$ 33.00
$ 66.00
$ 66.00
$ 33.00
$ 252.00
$225.68
$ 88.00
$ 44.00
$ 33.00
$ 99.00
$ 33.00
$ 297.00
$265.98
$ 44.00
$ 33.00
$ 77.00
$ 68.78
$ 44.00
$ 44.00
$ 33.00
$ 22.00
$ 44.00
$ 55.00
$ 242.00
$216.00
$ 44.00
$ 44.00
$ 33.00
$ 33.00
$154.00
$137.54
$ 99.00
$ 33.00
$132.00
$117.89
$ 22.00
$ 88.00
$ 33.00
$ 33.00
Schirg, 98- 072 -C2
Page 9
08/21/98
08/24/98
08/29/98
09/11/98
10/17/98
10/18/98
10/24/98
a.
Year
1994
1995
1996
1997
1998
Ford Truck
Dodge Truck
Ford Truck
TOTAL
TOTAL NET
Cut -up Tree
(Orchard Rd.)
Grader & Stone Rake
Stone Rake
Grader & Stone Rake
TOTAL
TOTAL HOURS
1.0
2.0
22.0
1.0
8.0
2.0
8.0
19.0
145.0
13. The majority of hours claimed as worked by Richard Schirg between 1994 and
1998 did not identify the type of service performed for the township.
a. Time slips were blank as to the type of work performed.
b. Schirg billed all his time as equipment operator.
c. Schirg was compensated for these hours at the highest hourly rate set
by the auditors.
14. Unlisted hours claimed by Schirg between 1994 and 1998 are as follows:
Hours for Unlised Work
95.0
127.5
170.0
30.0
0.0
$11.00/hr $ 11.00
$11.00 /hr $ 22.00
$11.00/hr $ 33.00
$ 242.00
$216.11
$11.00/hr $ 11.00
$11.00/hr $ 88.00
$11.00/hr $ 22.00
$11.00/hr $ 88.00
$ 209.00
Total Hours
199.0
147.5
206.0
139.0
111.0
15. Schirg was compensated in 1997 and 1998 at the equipment operator rate for
laborer duties.
The difference in those rates are:
1997: Laborer: $9.00
1998: Laborer: $9.00
Equipment Operator: $10.00
Equipment Operator: $11.00
b. Laborer hours compensated at equipment operator rate:
09/06/97 2.0 hours @ $10.00 /hr
04/08/98 3.0 hours @ $11.00/hr
04/15/98 2.0 hours @ $11.00/hr
08/06/98 2.0 hours @ $1 1.00 /hr
08/08/98 3.0 hours @ $1 1.00 /hr
08/21/98 1.0 hours @ $1 1.00 /hr
08/24/98 2.0 hours @ $1 1.00 /hr
08/29/98 3.0 hours @ $1 1.00 /hr
09/11/98 1.0 hours @ $11.00/hr
c. Schirg was over - compensated in 1998 by $2.00 /hr x 17 hours =
$34.00
1. The total over - compensation in 1997 was $2.00.
Schira, 98- 072 -C2
Page 10
16. Schirg was also compensated in 1998 for welding the township's snowplow.
a. Schirg charged a flat fee of $125.00 for this service.
b. No records of hours worked was reported by Schirg.
17. All funds paid to Richard Schirg for his labor were paid from the West
Abington Township's General and State Fund Accounts.
18. Payments issued to Richard Schirg were included as part of the supervisor's
monthly bill lists.
a. Bill lists are voted on in their entirety by a single motion.
19. Richard Schirg voted during official township supervisor's meetings to approve
the bill lists including payments to himself for his labor.
20. Richard Schirg signed the front of each check payable to himself.
21. The following is a list of payments to Richard Schirg, for labor, from 1994 to
1998:
Check No. Date Invoice Amount Purpose
2544
2558
2580
2592
2599
617
620
623
625
2651
1994 Total
Check No.
2665
2679
2683
628
629
2746
2755
1995 Total
Check No. Date
2774
633
2802
639
640
02/01/94
03/01/94
4/05/94
05/03/94
06/07/94
7/05/94
09/06/94
10/04/94
11/01/94
01/03/95
Date
02/07/95
03/03/95
04/04/95
05/02/95
09/05/95
01/02/96
01/02/96
02/06/96
03/05/96
04/02/96
06/04/96
07/02/96
$336.00
$366.00
$279.00
$ 54.00
$ 36.00
$ 270.00
$189.00
$ 36.00
$ 72.00
$108.00
$1,746.00
Labor
Labor
Labor
Labor
Labor
Labor
Labor
Labor
Labor
Labor
Invoice Amount Purpose
$234.00 Labor
$198.00 Labor
$189.00 Labor
$126.00 Labor
$ 76.50 Labor
$315.00 Labor
$180.00 Labor
$1,318.50
Invoice Amount Purpose
$737.00 Labor
$380.00 Labor
$ 220.00 Labor
$150.00 Labor
$ 80.00 Labor
Schirg, 98- 072 -C2
Page 11
643
646
650
2877
1996 Total
Check No. Date Invoice Amount
2891
2906
2917
2927
2941
659
2972
3001
1997 Total
Check No. Date
3009
3014
3029
3046
668
672
677
3083
3103
1998 Total
08/06/96
10/01/96
11/06/96
01/06/97
02/04/97
03/04/97
04/01/97
05/06/97
07/01/97
08/05/97
11/07/97
01/05/98
02/03/98
02/03/98
03/03/98
04/07/98
05/05/98
06/02/98
08/04/98
09/01/98
11/03/98
$ 80.00
$ 60.00
$ 60.00
$ 340.00
$2,107.00
$620.00
$150.00
$140.00
$ 30.00
$ 80.00
$ 60.00
$160.00
$ 300.00
$1,540.00
Invoice Amount
$125.00
$252.00
$297.00
$ 77.00
$154.00
$242.00
$132.00
$246.11
$209.00
$1,734.11
Meeting
Date
02/01/94
03/01/94
04/05/94
05/03/94
06/01/94
07/05/94
09/06/94
10/04/94
11/01/94
01/03/95
02/07/95
03/07/95
04/04/95
05/02/95
09/05/95
01/02/96
01/02/96
Labor
Labor
Labor
Labor
Purpose
Labor
Labor
Labor
Labor
Labor
Labor
Labor
Labor
Purpose
Welding
Labor
Labor
Labor
Labor
Labor
Labor
Labor
Labor
22. Supervisor Schirg participated in official actions to
payments to himself:
Check Check
No. Amt. Payee
2544 $300.87 Richard Schirg
2558 $327.74 Richard Schirg
2580 $249.83 Richard Schirg
2592 $ 48.34 Richard Schirg
2599 $ 36.00 Richard Schirg
617 $241.78 Richard Schirg
620 $169.24 Richard Schirg
623 $ 32.21 Richard Schirg
625 $ 64.46 Richard Schirg
2651 $ 96.70 Richard Schirg
2665 $209.53 Richard Schirg
2679 $177.29 Richard Schirg
2683 $169.24 Richard Schirg
628 $112.82 Richard Schirg
629 $ 68.49 Richard Schirg
2746 $282.03 Richard Schirg
2755 $161.19 Richard Schirg
Official
Action
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
approve the following
Vote
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Schirci, 98- 072 -C2
Page 12
2774 $659.97 Richard Schirg 02/06/96 Approved Bills Yes
633 $340.29 Richard Schirg 03/05/96 Approved Bills Yes
2802 $196.97 Richard Schirg 04/02/96 Approved Bills Yes
639 $134.32 Richard Schirg 06/04/96 Approved Bills Yes
643 $ 71.64 Richard Schirg 08/06/96 Approved Bills Yes
646 $ 53.72 Richard Schirg 10/01/96 Approved Bills Yes
650 $ 53.74 Richard Schirg 10/01/96 Approved Bills Yes
2877 $304.47 Richard Schirg 01/02/97 Approved Bills Yes
2891 $555.21 Richard Schirg 02/04/97 Approved Bills Yes
2906 $134.32 Richard Schirg 03/04/97 Approved Bills Yes
2917 $125.37 Richard Schirg 04/01/97 Approved Bills Yes
2927 $ 26.86 Richard Schirg 05/06/97 Approved Bills Yes
2941 $ 71.64 Richard Schirg 07/01/97 Approved Bills Yes
659 $ 53.73 Richard Schirg 08/05/97 Approved Bills Yes
2972 $143.28 Richard Schirg 11/06/97 Approved Bills Yes
3001 $274.25 Richard Schirg 01/05/98 Approved Bills Yes
3014 $225.68 Richard Schirg 02/03/98 Approved Bills Yes
3029 $265.98 Richard Schirg 03/03/98 Approved Bills Yes
3046 $ 68.78 Richard Schirg 04/07/98 Approved Bills Yes
668 $137.54 Richard Schirg 05/05/98 Approved Bills Yes
672 $216.12 Richard Schirg 06/02/98 Approved Bills Yes
3083 $246.11 Richard Schirg 09/01/98 Approved Bills Yes
3103 $186.64 Richard Schirg 11/03/98 Approved Bills Yes
23. Since at least 1994 West Abington Township Supervisors have routinely rented
equipment to the township for use in maintaining township roads.
a. The rentals have been made without an open and public process including
bidding.
24. Richard Schirg rented his personal John Deere 950 4x4 tractor to West
Abington Township to pull the township's stone rake and spread calcium for
the township.
a. Richard Schirg billed West Abington Township a flat rental rate of
$15.00 per hour for the use of his John Deere 950 4x4 tractor.
b. Richard Schirg rented his John Deere 950 4x4 tractor to West
Abington Township in 1998.
25. Richard Schirg, rented the same John Deere 950 4x4 tractor to West Abington
Township from 1994 to 1997 in the name of his wife, Beth Schirg.
a. Schirg charged a flat rental fee of $25.00 per hour for the use of the
John Deere 950 4x4 tractor with a front end loader attachment.
b. Schirg charged a flat rental fee of $35.00 per hour for the use of the
John Deere 950 4x4 tractor with a backhoe attachment.
c. Beth Schirg did not own the equipment leased to the township.
1. Schirg rented to the township in his wife's name to give the
appearance that he was not involved in the rental agreement.
Schirq, 98- 072 -C2
Page 13
26. Schirg billed the township in his and his wife's name as follows for rental of
tractor with backhoe and /or front end loader:
1994: Tractor /loader: 83 hours @ $25.00 /hour = $2,075.00
Tractor /Backhoe: 2 hours @ $35.00 /hour = $ 70.00
Total = $2,145.00
1995: Tractor /Loader: 23 hours @ $25.00 /hour = $ 575.00
1996: Tractor /Loader: 40 hours @ $25.00 /hour = $1,000.00
Tractor /Backhoe: 20 hours @ $35.00 /hour = $ 700.00
Total = $1,700.00
1997: Tractor /Loader: 21 hours @ $25.00 /hour = $ 525.00
Combined Total = $4,945.00
27. The rental price charged by Schirg did not include an operator.
a. Richard Schirg operated the equipment rented to the township.
b. Schirg was compensated an hourly rate by the township for operating
equipment he rented to the township.
28. Schirg was compensated as follows by the township on dates when he billed
the township for equipment rental:
1995 Rental Hours Schirg Hours
04/20/95 6.0 6.0
04/27/95 8.0 8.0
08/26/95 3.0 3.0
08/28/95 1.0 1.5
1996 Rental Hours Schirg Hours
01/14/96 4.0 2.0
01/19/96 4.0 4.0
02/22/96 2.0 5.0
05/13/96 2.0 2.0
06/01/96 8.0 8.0
07/06/96 4.0 4.0
08/03/96 4.0 4.0
09/21/96 6.0 8.0
10/26/96 8.0 6.0
11/11/96 3.0 6.0
1997 Hours Worked Schirg Hours
03/29/97 4.0 4.0
06/15/97 3.0 4.0
07/19/97 4.0 4.0
1998 Hours Worked Schirg Hours
04/07/98 4.0 4.0
04/15/98 5.0 4.0
05/01/98 3.0 3.0
07/16/98 3.0 3.0
08/07/98 3.0 8.0
Schirg, 98- 072 -C2
Page 14
1997
03/29/97 4
04/08/97 2
06/15/97 7
06/16/97 4
07/17/97 4
07/20/97 4
1998
05/01/98 3
04/07/98 4 Tractor
04/15/98 5 Tractor
07/16/98 3
08/07/98 3
a. 1994
Check No.
2529
2543
2591
2609
619
Date
01/03/94
02/01/94
05/03/94
07/05/94
09/06/94
Amoun
$295.00
$ 50.00
$125.00
$925.00
$370.00
03/28/97 4 Grader
4 Grader
4
3
3
4
3
8
Payee
Tractor Rental
Tractor Rental
Tractor Rental
Tractor Rental
Backhoe Rental
Stone Rake
Stone Rake
Stone Rake
29. A comparable tractor to the John Deere 950 4x4 tractor can be rented at
Powell's Sales and Service, Inc.
a. Powell's Sales and Service, Inc. is located in Clark's Summit, PA
approximately five (5) miles from West Abington Township.
b. Powell's Sales and Service, Inc. rents the John Deere 850 4x4 tractor
which is comparable in size and horsepower to the John Deere 950
4x4 tractor.
c. The daily rental fee for the John Deere 850 4x4 tractor from Powell's
Sales and Service, Inc. is $ 125.00 per day (8 hours).
d. Delivery charges to West Abington Township from Powell's Sales and
Service, Inc. in Clark's Summit, Pa is approximately $40.00 each way.
e. The total minimum daily rate to rent a John Deere 850 4x4 tractor from
Powell's Sales and Service, Inc. is $205.00 ($125 rental fee + $80.00
delivery charges). The hourly rate, calculated on an eight (8) hour day,
is $25.62, without an operator.
30. All funds paid to Richard Schirg and /or Beth Schirg for the tractor rentals were
from the West Abington Township's General and State Fund Accounts.
31. Payments issued to Richard Schirg and /or Beth Schirg were included as part of
the supervisor's monthly bill lists.
32. Richard Schirg voted during official public meetings to approve the bill lists
including payments to himself and /or his wife for the tractor rentals.
33. Payments were made by the township to the Schirg's for equipment rental from
1994 through 1998 as follows:
Schirg, 98- 072 -C2
Page 15
622 10/04/94
624 11/01/94
2650 01/03/95
1994 Total
b. 1995
Check No.
2682
2702
2720
1995 Total
c. 1996
Check No.
2771
632
638
642
645
649
653
1996 Total
Date
04/04/95
05/02/95
09/05/95
Date
02/06/96
03/05/96
06/04/96
08/06/96
10/01/96
11/06/96
01/06/97
Check No. Date
655 04/01/97
656 05/06/97
657 07/01/97
658 08/05/97
1997 Total
Check No. Date
666 05/05/98
671 06/02/98
676 08/04/98
703 09/01/98
1998 Total
Check Check
No. Amt.
2529 $295.00
2543 $ 50.00
2591 $125.00
2609 $925.00
619 $370.00
$150.00
$275.00
$250.00
$ 2,440.00
Amount
$ 75.00
$400.00
$100.00
$575.00
Amount
$525.00
$140.00
$250.00
$275.00
$ 200.00
$ 200.00
$1 10.00
$1,700.00
Amount
$100.00
$ 50.00
$175.00
$ 200.00
$ 525.00
Amount
$ 45.00
$135.00
$ 45.00
$ 45.00
$ 270.00
Payee
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Tractor Rental
Tractor Rental
Tractor Rental
Payee
Tractor Rental
Tractor Rental
Tractor Rental
Payee
Backhoe Rental
Backhoe Rental
Tractor Rental
Tractor Rental
Tractor Rental
Tractor Rental
Backhoe Rental
Payee
Tractor Rental
Tractor Rental
Tractor Rental
Tractor Rental
Payee
Tractor Rental
Tractor Rental
Tractor Rental
Tractor Rental
34. Schirg took official action to approve payments to himself and his wife, Beth
Schirg.
Meeting
Date
01/03/94
02/01/94
05/03/94
07/05/94
09/06/94
Official
Action
Approved Bills
Approved Bills
Approved Bills
Approved Bills
Approved Bills
Vote
Yes
Yes
Yes
Yes
Yes
Schirg, 98- 072 -C2
Page 16
Check
No.
Check
Amt.
622 $150.00
624 $275.00
2650 $250.00
2682 $ 75.00
2702 $400.00
2720 $100.00
2771 $525.00
632 $140.00
638 $250.00
642 $275.00
645 $200.00
649 $200.00
653 $110.00
655 $100.00
656 $ 50.00
657 $175.00
658 $200.00
666 $ 45.00
671 $135.00
676 $ 45.00
703 $ 45.00
Payee
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Beth Schirg
Richard Schirg
Richard Schirg & Sons
Richard Schirg & Sons
Richard Schirg & Sons
Meeting
Date
10/04/94
11/01/94
01/07/95
04/04/95
05/02/95
09/05/95
02/06/96
03/05/96
06/04/96
08/06/96
10/01/96
10/01/96
01/02/97
04/01/97
05/06/97
07/01/97
08/05/97
05/05/98
06/02/98
08/04/98
08/04/98
Official
Action Vote
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
TOTAL $5,510.00
35. James Schirg, brother of Richard Schirg, rented a John Deere 2950 tractor
to West Abington Township to load ashes for the township from 1994
through 1998.
Schirg, 98- 072 -C2
Page 17
a.
b.
c.
d.
36. James Schirg billed the township for equipment rental as follows:
1994:
1995:
1996:
1997:
1998:
37. Payments to James Schirg for tractor rentals from 1994 to 1998 were made by
the township as follows:
Check No. Date Amount Purpose
2538
2578
1994 Total
2661
2676
2686
2753
1995 Total
2765
2788
2810
2873
2885
2901
2914
2993
James charged the township a flat rental fee of twenty -five ($25.00)
dollars per hour.
The rental was done without an open and public process, including
bidding.
There was no vote of the board of supervisors authorize the rental.
Richard Schirg selected his brother for this work.
34 hours @ $25.00 /hour
40 hours @ $25.00 /hour
27 hours @ $25.00 /hour
27 hours @ $25.00 /hour
10 hours @ $25.00 /hour
02/01/94
04/05/94
02/07/95
03/07/95
04/04/95
02/02/96
02/06/96
03/05/96
05/07/96
01/06/97
$ 500.00
$350.00
$850.00
Check No. Date Amount Purpose
$325.00
$150.00
$75.00
$450.00
$1,000.00
$225.00
$150.00
$75.00
$225.00
1996 Total $675.00
Check No. Date Amount
02/04/97 $325.00
03/04/97 $ 50.00
04/01/97 $125.00
01/05/98 $175.00
1997 Total $ 675.00
Load Ashes
Load Ashes
Load Ashes
Load Ashes
Load Ashes
Load Ashes
Check No. Date Amount Purpose
Load
Load
Load
Load
Purpose
Ashes
Ashes
Ashes
Ashes
Load Ashes
Load Ashes
Load Ashes
Load Ashes
$850.00
$1,000.00
$675.00
_ $675.00
$250.00
TOTAL $3,450.00
Schirg, 98- 072 -C2
Page 18
Check No. Date Amount Purpose
3004
3028
1998 Total
02/03/98 $150.00
03/03/98 $100.00
$250.00
38. Supervisor Schirg participated in
payments to James Schirg:
Check
No.
2538
2578
2661
2676
2686
2753
2765
2788
2810
2873
2885
2901
2914
2993
3004
3028
Check
Amt.
$ 500.00
$350.00
$325.00
$150.00
$ 75.00
$450.00
$225.00
$150.00
$ 75.00
$225.00
$325.00
$ 50.00
$125.00
$175.00
$150.00
$100.00
Payee
James Schirg
James Schirg
James Schirg
James Schirg
James Schirg
James Schirg
James Schirg
James Schirg
James Schirg
James Schirg
James Schirg
James Schirg
James Schirg
James Schirg
James Schirg
James Schirg
Load Ashes
Load Ashes
official actions to approve the following
Meeting
Date
02/01/94
04/05/94
02/07/95
03/07/95
04/04/95
01/02/96
02/06/96
03/05/96
05/02/96
01/02/97
02/04/97
03/04/97
11/01/97
01/05/98
02/03/98
03/03/98
Official
Action
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
Vote
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
39. All funds paid to James Schirg for the tractor rentals were from the West
Abington Township's General Fund Account.
40. Payments issued to James Schirg were included as part of the supervisor's
monthly bill lists.
41. Richard Schirg voted during official public meetings to approve the bill lists
including payments to James Schirg for the tractor rentals.
42. Richard Schirg signed the front of each check payable to James Schirg.
43. Richard Schirg hired his two (2) sons Jared and Brent Schirg to perform labor
for West Abington Township from 1996 to 1998.
a. Jared and Brent Schirg performed snow plowing and spread calcium on
the township's roads.
44. The hirings were not approved by a vote of the board of supervisors during a
public meeting.
a. The decision to hire Jared and Brent Schirg was made by Richard Schirg.
45. Jared and Brent Schirg were compensated at a rate of $7.00 per hour in 1996
and 1997 and $8.00 /hour and $9.00 /hr in 1998 for hours worked for the
township.
Schirq , 98- 072 -C2
Page 19
a. The rate was not formally approved by the board of supervisors.
b. Schirg authorized the salary of $7.00 per hour for 1996 and 1997 and
$8.00 per hour in 1998, as approved by the township auditors.
1. The auditors did not approve $9.00 per hour for laborers in 1998.
c. Richard Schirg approved all hours worked for his sons.
46. Jared and Brent Schirg were compensated by the township for hours worked
as follows:
a. Jared Schirg
1996: 12 hours @ $7.00 /hour = $84.00
1997: 47 hours @ $7.00 /hour = $329.00
1998: 1 hour @ $7.00 /hour = $7.00
23 hours @ $8.00 /hour = $184.00
6 hours @ $9.00 /hour = $54.00
b. Brent Schirg
1997:
1998:
3 hours @ $7.00 /hour = $21.00
12 hours @ $8.00 /hour = $96.00
9 hours @ $9.00 /hour = $81.00
47. All funds paid to Jared and Brent Schirg for labor were paid from the West
Abington Township's General and State Fund Accounts.
48. Payments issued to Jared and Brent Schirg were included as part of the
supervisor's monthly bill lists.
49. Richard Schirg voted during official public meetings to approve the bill lists
including payments to Jared and Brent Schirg for their labor.
50. Richard Schirg signed the front of each check payable to Jared and Brent
Schirg.
51. The following is a list of payments to Jared and Brent Schirg for labor from
1996 to 1998:
Check No. Date Amount Purpose
2772 02/06/96 $84.00 Labor
1996 Total $ 84.00
Check No. Date Amount Purpose
2905 03/04/97 $105.00 Labor
2918 04/01/97 $ 70.00 Labor
2928 05/06/97 $ 21.00 Labor
Total = $658.00
Total = $198.00
Schirg, 98- 072 -C2
Page 20
1997 Total
Check No.
1998 Total
Jared Schirg:
Brent Schirg:
James Schirg:
Richard Schirg/
Beth Schirg:
TOTAL
$196.00
Date Amount Purpose
2998 01/05/98 $133.00 Labor
2999 01/05/98 $21.00 Labor
3015 02/03/98 $48.00 Labor
3016 02/03/98 $111.00 Labor
3030 03/03/98 $80.00 Labor
667 05/05/98 $48.00 Labor
674 08/04/98 $27.00 Labor
675 08/04/98 $27.00 Labor
3084 09/01/98 $27.00 Labor
3085 09/01/98 $54.00 Labor
$ 576.00
52. Supervisor Schirg participated in official actions to approve the following
payments to Jared and Brent Schirg:
Check Check
No. Amt.
2772 $ 84.00
2905 $ 94.06
2918 $ 62.68
2928 $ 18.81
2998 $119.12
2999 $ 18.82
3015 $ 43.00
3016 $ 99.42
3030 $ 71.64
667 $ 42.88
674 $ 24.13
675 $ 24.13
3084 $ 24.11
3085 $ 46.18
Payee
Jared Schirg
Jared Schirg
Jared Schirg
Jared Schirg
Jared Schirg
Brent Schirg
Brent Schirg
Jared Schirg
Jared Schirg
Brent Schirg
Jared Schirg
Brent Schirg
Jared Schirg
Brent Schirg
Meeting
Date
02/06/96
03/04/97
04/01/97
05/06/97
01/05/98
01/05/98
02/03/98
02/03/98
03/03/98
05/05/98
08/04/98
08/04/98
09/01/98
09/01/98
Official
Action Vote
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
Approved Bills Yes
53. Richard Schirg used the authority of his office for the private pecuniary benefit
of his immediate family when he authorized the hiring of his sons, rentals from
his brother and rentals from himself.
$ 658.00
$ 198.00
$3,450.00
$5.510.00
$9,816.00
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Richard Schirg, hereinafter
Schirg, has been a public official subject to the provisions of the Public Official and
Employee Ethics Act ( "Ethics Act "), Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401,
et seq. as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101, et seq.
Schirg, 98- 072 -C2
Page 21
The issue is whether Schirg violated Section 3(a) or 3(f) of the Ethics Act as to
the allegations that he used the authority of his office for the private pecuniary benefit
of himself or members 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 township contracts were entered into 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
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 1 103(f) of the Ethics Act imposes certain restrictions as to contracting.
Section 1103. 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
Schirg, 98- 072 -C2
Page 22
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. §1103(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.
Schirg has served as a West Abington Township Supervisor since 1992 and as
Board Chairman from 1995 to 1998. In a private capacity Schirg is self - employed as
an electrical contractor.
Since Abington Township neither employed any full -time laborers or staff nor
owned any tractor, loader or back hoe, it rented its equipment from neighboring
townships for road work. In addition, the Township utilized the Supervisors to perform
road work on an as- needed basis. However, the Supervisors were not officially
designated as Roadmaster or laborers at the January reorganizational meetings.
Schirg was compensated for working on Township roads and maintaining its
vehicles. The wages for Township supervisors as Township employees were set by
the Auditors for the years 1994 through 1998 at $9.00 per hour. The details of
Schirg's work as a Township employee for the five year period from 1994 through
1998 are delineated in Fact Finding 12. In addition, Schirg was compensated in 1997
and 1998 as an equipment operator. The details of those services performed by
Schirg are set forth in Fact Finding 15. Since Schirg charged the Township in some
instances at the rate of $10.00 or $11.00 per hour which exceeded the compensation
rate set by the Auditors, Schirg received extra compensation in the two year period
amounting to $36.00. See, Fact Finding 15c.
Since at least 1994, the Township Supervisors have routinely rented equipment
to the Township to maintain its roads. Such rentals have been made without an open
and public process. Schirg rented his John Deere tractor to the Township but did so
in his wife's name to give the appearance that he was not involved in the rental
agreement. The specifics of the rental of Schirg's tractor to the Township are set
forth in Fact Findings 26 -28.
Schirg's brother James also rented a John Deere Tractor to the Township from
1994 through 1998 which was done without an open and public process; in fact there
was no vote by the Board to authorize the rental. Schirg as Supervisor merely selected
Schirq, 98- 072 -C2
Page 23
his brother to do the work. The particulars as to such rentals as well as the payments
are delineated in Fact Findings 37, 38.
From 1996 to 1998, Schirg also hired his two sons, Jared and Brent, to plow
snow and spread calcium for the Township on its roads. The hirings were not
approved by a vote of the Board but were made by Schirg individually. The details of
the work performed by Schirg's sons and the payments are set forth in Fact Findings
46, 51.
Payments issued to Schirg and his immediate family members for services to the
Township were included as part of the monthly bills list voted upon in its entirety by
a single motion by the Board. Schirg voted to approve the bills list which included
payments to himself and his immediate family members. Schirg as a Supervisor also
signed the front of such checks.
Finally, Fact Finding 53 provides a summarization as to the financial gain that
Schirg and members of his immediate family received as to the provision of the above
services.
Having summarized the above relevant facts, we must now determine whether
the actions of Schirg violated Sections 1 103(a) and 1 103(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 that Schirg violated
Section 3(a) of the State Ethics Act when he used the authority of his office for a
private pecuniary benefit to himself or members of his immediate family by
participating in actions of the Board to hire and pay members of his immediate family;
Schirg violated Section 3(f) of the Ethics Act when he or his spouse entered into
contracts in excess of $500.00 with the township and; a payment of $2500 within
30 days of the issuance of this Order by Schirg through this Commission to West
Abington Township, Lackawanna County Liquid Fuels Account. Compliance with the
foregoing will result in the closing of this case with no further action. Noncompliance
will result in the institution of an order enforcement action.
Regarding the participation by Schirg as to hiring and paying members of his
immediate family, there were uses of authority of office on the part of Schirg under
Section 1 103(a) of the Ethics Act. Schirg participated in the bill approval process and
signed some of the Township checks, as a Supervisor, which were payable to himself
or members of his immediate family 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 Schirg resulted in pecuniary benefits to him or
members of his immediate family consisting of the financial gain for 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 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 Schirg or members of his immediate family. Accordingly, Schirg
violated Section 1103(a) of the Ethics Act when he used the authority of office to
obtain a private pecuniary benefit when he participated in actions of the Board to hire
and pay members of his immediate family.
Turning to Section 1 103(f) of the Ethics Act, a review of the Stipulated Findings
by the parties reflects that there were contracts for services by Schirg for equipment
rented in his or his spouse's name which were over $500 in the years 1994 through
1997. See, Fact Finding 26. Accordingly, since the contracting threshold of the Ethics
Schirq, 98- 072 -C2
Page 24
Act was exceeded, Schirg violated Section 1103(f), as to contracts between Schirg
or his spouse and the Township when such contracts were $500 or more and not
awarded through an open and public process.
As per the Consent Agreement, Schirg is directed to make the agreed payment
of $2500 pursuant to the above terms. Compliance will result in the closing of this
case with no further action. Noncompliance will result in the institution of an order
enforcement action.
Lastly, as noted above, the parties have filed a Stipulation of Findings and
Consent Agreement which we believe 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.
IV. CONCLUSIONS OF LAW:
1. Richard Schirg, as a Supervisor in West Abington Township, is a public
official subject to the provisions of Act 9 of 1989 as codified by Act 93
of 1998.
2. Schirg violated Section 1103(a) of the State Ethics Act when he used the
authority of his office for a private pecuniary benefit to himself and
members of his immediate family by participating in actions of the Board
to hire and pay members of his immediate family.
3 Schirg violated Section 1103(f) of the Ethics Act when contracts of
$500.00 or more were entered into with the township between Schirg
or his spouse without an open and public process.
In Re: Richard Schirg
ORDER NO. 1146
File Docket: 98- 072 -C2
Date Decided: 1/31/2000
Date Mailed: 2/11/2000
1. Richard Schirg, as a Supervisor in West Abington Township, violated Section
1103(a) of the State Ethics Act when he used the authority of his office for a
private pecuniary benefit to himself and members of his immediate family by
participating in actions of the Board to hire and pay members of his immediate
family.
2. Schirg violated Section 1103(f) of the Ethics Act when contracts of $500.00
or more were entered into with the township between Schirg or his spouse
without an open and public process.
3. Per the Consent Agreement of the parties, Schirg is directed to make payment
of $2,500 through this Commission to West Abington Township, Lackawanna
County Liquid Fuels Account within 30 days of the issuance of this Order.
a. Compliance with the foregoing will result in the closing of this
case with no further action by the Commission.
b. Non - compliance will result in the institution of an order
enforcement action.
BY THE COMMISSION,
amip)(J6
DANEEN E. REESE, CHAIR