HomeMy WebLinkAbout1156 KeyserIn Re: Jeffrey Keyser
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Daneen E. Reese, Chair
Louis W. Fryman, Vice Chair
Julius Uehlein
John J. Bolger
Frank M. Brown
Susan Mosites Bicket
99- 025 -C2
Order No. 1156
06/20/00
07/07/00
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation as to the above -named Respondent 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., as
codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65
Pa.C.S. §1101 et seq., which inter alia provides for the completion of pending matters
under that Act. 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 and Stipulation of Findings were
submitted by the parties to the Commission for consideration. The Consent Agreement was
subsequently approved and the Stipulation of Findings appears as the Findings in this
adjudication.
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.
Keyser, 99- 025 -C2
Page 2
I. ALLEGATION:
Jeffrey Keyser, a Conemaugh Township Supervisor, Cambria County, violated
Section 3(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(a) when he
submitted and voted to approve expense reimbursement to himself for expenses not
related to township business; when he billed the township for repairs to his personal
vehicle as a result of damages which were in excess of the actual damages incurred while
on township business; and when he participated in actions of the board to grant sewer
hook -up extensions to a company with which he had private contracts.
II. FINDINGS:
1. Jeffrey Keyser has served as a Supervisor of Conemaugh Township, Cambria
County, Supervisor since January 1998.
2. Keyser is employed full time as a City of Johnstown police officer.
a. Keyser is a certified fire and fire police instructor.
b. Keyser teaches fire and fire police courses provided by the Harrisburg Area
Community College (HACC).
3. Keyser is a member of the Somerset /Cambria County Fire Police Association
(FPA).
a. Keyser was president of the FPA in 1994/1995.
4. Classes provided by HACC and taught by Keyser are typically two -day courses
consisting of two eight -hour sessions.
a. These classes are usually held on Saturday and Sunday.
b. The classes taught by Keyser are not related to his position of township
supervisor.
5. Keyser is entitled to receive compensation and expense reimbursement from HACC
for instructing classes as follows:
a. $15.00 per hour for instruction.
b. Twenty -nine cents per mile travel.
c. $25.00 per diem.
d. Hotel /motel reimbursements if traveled 60 miles or more.
1. Instructors can receive two or three nights of accommodations,
depending on the length of travel.
e. Keyser is not eligible to be reimbursed by Conemaugh Township for any
expenses related to teaching these classes.
6. Keyser was scheduled to instruct a Communication /Public Relations class for Fire
Police sponsored by HACC on Saturday, November 21, 1998, and Sunday,
November 22, 1998.
Keyser, 99- 025 -C2
Page 3
a. This class was to be taught for the Cumberland County Office of Emergency
Preparedness.
b. The class was to be taught at the Cumberland County Emergency Operation
Center (EOC).
7 The seminar to be taught by Keyser at the EOC was canceled due to lack of
attendance.
8. Keyser was not compensated or reimbursed for expenses relating to this class by
HACC due to the cancellation.
9. At the same time that he was scheduled to go to the Harrisburg area to teach a
public relations course, Keyser was also planning on attending a Pennsylvania Fire
Services Institute (PFSI) Conference in Harrisburg.
a. Keyser was attending the conference in his capacity as a past president of
the Somerset /Cambria Fire Police Association (FPA).
10. The Pennsylvania Fire Services Institute (PFSI) is a private, non - profit organization
dedicated to education of fire and emergency services on fire and safety issues.
11. Each year the PFSI has a seminar and conference in Harrisburg, PA.
a. The 1998 PFSI seminar and conference was held on November 22 and 23,
1998.
b. The conference began on Sunday afternoon (November 22, 1998) and
concluded on Monday evening with a banquet.
c. The members of the FPA usually stay overnight on Sunday and Monday of
the conference.
d. Keyser always stays overnight Friday, Saturday, Sunday and Monday nights
every year to participate in continuing development or help at the PFSI
offices.
12. In 1998, the FPA authorized member attendance at the seminar /conference.
a. The FPA usually takes its officers and past presidents to the
seminar /conference.
b. Keyser was invited to go to the seminar /conference because of his position
as a past president.
13. The FPA pays travel related expenses, including mileage, meals, and lodging, for
its delegates attending the seminar /conference.
14. Representatives of the FPA travel and room together to reduce the expenses
related with the seminar /conference.
15. The PFSI seminar /conference was held at the Radisson Penn Harris Hotel in Camp
Hill, PA.
16. Keyser checked into the Radisson on Friday, November 20, 1998, and stayed in
Room 2400.
Date
Text
Charges
11/20/98
Room charge
$76.00
11/20/98
Tax - occupancy 6%
$4.56
11/21/98
Bridges Restaurant
$4.34
11/21/98
Movies #2400; Video 19
services
$9.49
11/21/98
Room charge
$76.00
11/21/98
Tax - occupancy 6%
$4.56
Keyser, 99- 025 -C2
Page 4
a. No other members of the FPA checked into the Radisson until 11/22/98.
b. Keyser checked in on November 20, 1998, anticipating that he would be
teaching the HACC class on November 21, 1998.
17. On Sunday, November 22, 1998, Keyser transferred to Room 2207, when FPA
members checked into the Radisson for the conference.
a. Keyser shared this room with John Bell, FPA member.
18. After learning of the HACC class cancellation, Keyser stayed at the Radisson on
the evening of November 21, 1998, rather than incur the additional expenses of
traveling home.
19. Keyser and the other members of the FPA checked out of the Radisson on the
morning of Tuesday, November 24, 1998.
a. All charges for FPA members, including Keyser, were billed on Invoice No.
46880.
20. Invoice No. 46880, from the Radisson Penn Harris, Campaign Hill, PA, confirms
room charges for Keyser and other members of the FPA, for the period of 11/20/98
to 11/24/98.
a. Expenses for November 20, 1998, and November 21, 1998, were for Keyser
only.
21. The first 12 entries on Invoice No. 46880 were incurred by Keyser for lodging for
November 20, 1998, and November 21, 1998, are as follows:
a.
Date
Text
Charges
11/22/98
Telephone -long distance-
#2400, 717/555 -1212
$0.75
11/22/98
Telephone -local #2400,
717/763 -7086
$0.65
11/22/98
Telephone -long distance-
#2400,
717- 249 -7775
$2.95
11/22/98
Telephone -long distance-
#2400, 814/536 -0020
$3.65
11/22/98
Telephone -long distance-
#2207, 814/536 -0200
$10.73
11/22/98
Telephone -local
#2207, 717/761 -7272
$0.65
Total:
$194.33
Keyser, 99- 025 -C2
Page 5
b. Keyser's room charges for 11/20/98 to 11/22/98 totaled $194.33.
22. The FPA paid the total amount of Invoice No. 46880 totaling $1,049.19 with
Check No. 815.
a. This included Keyser's first two nights at the hotel totaling $194.33.
23. Keyser also submitted expenses related to his travel of November 20, 1998,
through November 21, 1998, to the township for reimbursement.
a. The expenses were identical to those paid by the FPA.
24. Conemaugh Township's policy for authorizing expense reimbursement for
supervisors was amended during the January 5, 1998 reorganization meeting.
a. The Board of Supervisors approved a motion to adopt an administrative
policy to address issues such as purchase orders, wages, expense
reimbursement, and equipment.
b. The administrative policy was developed by Keyser.
25. The administrative policy which applies to every employee, official, and persons
acting in the capacity of Conemaugh Township, includes the following provisions
related to travel:
a. Purchase orders will be implemented for all purchases and /or payments,
approved by either two supervisors or a supervisor and the secretary.
b. All purchase orders must have written authorization of a supervisor before
Keyser, 99- 025 -C2
Page 6
it can be issued.
c. Each purchase order shall be completed before authorization is given for
an employee to make a purchase.
d. All reimbursable expenses (travel, seminars, meetings, conventions, and
committee related expenses) shall be pre- approved by the Board of
Supervisors and shall be documented on an expense voucher
accompanied with associated receipts and necessary purchase orders.
e. Pre - approved expenses shall be within the following guidelines:
1) Hotel - $65.00 /day - there is to be an approved exception when a
hotel in the immediate area of the event
requires a higher premium.
2) Food -$7.50 /breakfast;
$7.50 /1unch;
$20.00 /dinner.
26. Keyser did not get prior board authorization to attend the PFSI conference and
to receive reimbursement for expenses incurred in association with that
conference.
27. Authorization to attend seminars and conferences is obtained through the
issuance of purchase orders approved by two supervisors prior to the
attendance at the seminar or conference.
28. The expense report submitted by Keyser to Conemaugh Township sought
reimbursement for expenses for travel covering the period November 20, 1998,
through November 21, 1998.
a. Keyser listed the purpose of the expense on the expense report as the PA
Emergency Services conference.
b. Keyser did not obtain the prior approval of the board of supervisors to
incur expenses for this conference or for instructing the HACC courses.
29. Keyser submitted to the township the following expenses related to the foregoing
travel:
Date Mileage Breakfast Lunch Dinner Food Hotel Misc. Total
11/20/98 140/.32 -
11/21/98 140/.32 5.92
- 35.00 35.00 76.00 T -Pike
3.70 $159.50
6.35 12.32 24.62 76.00 T -Pike
3.70 $149.10
TOTAL: $308.62
30. Keyser submitted a copy of the first page of Invoice No. 46880 with the expense
report.
a. Bell's name, which also appeared on the original invoice with Keyser's, was
deleted from the invoice by Keyser.
Keyser, 99- 025 -C2
Page 7
b. Page 1 of invoice no. 46880 includes all 12 of the items charged by Keyser
prior to the start of the PFSI conference.
c. Keyser amended the invoice by adding the words "total $194.33" on the
bottom of the invoice.
31. Keyser also submitted three receipts with the expense report, as follows:
a. One generic receipt for turnpike charges in the amount of $7.40 dated
11/20/98, written by Keyser.
b. One generic receipt for meals in the amount of $24.62 dated 11/21/98,
written by Keyser.
c. Receipt from Catalano's Restaurant in the amount of $35.67 for two dinners
dated 11/20/98.
32. The expenses Keyser submitted to Conemaugh Township were not approved
township expenses.
33. Keyser's expense report was authorized by Township Purchase Order No. 98 -397.
34. The expense reimbursement report submitted by Keyser was done as a
Conemaugh Township Supervisor.
35. Keyser was paid a total expense reimbursement of $357.91 by Conemaugh
Township Check No. 7655 on 12/07/98.
36. A portion of Check No. 7655, ($308.62), was reimbursement for expenses
submitted by Keyser which were not authorized by the township.
37. In a Sworn Statement on February 8, 2000, Keyser admitted that he billed the
township for expenses unrelated to township business.
38. Keyser realized a private pecuniary benefit of $308.62 as a result of his
participation in approving reimbursement for expenses unrelated to township
business.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT KEYSER BILLED
THE TOWNSHIP FOR REPAIRS TO HIS PERSONAL VEHICLE.
39. Keyser has used his personal vehicle, on occasion, for official township business.
40. Sometime in the fall of 1998, Keyser damaged his personal vehicle while working
for the township.
a. Keyser was using his truck, a 1995 GMC extended cab pickup truck, VIN
#2GTEK19K4S1526827, while completing a road inspection with a
representative of the township paving contractor.
b. Keyser damaged the vehicle backing into a pole.
41. The damage to Keyser's personal vehicle, while on township business, consisted of
the following:
a. Damage to rear bumper.
Description
Parts($)
Labor
($26.00/hr)
Refinish
($26.00/hr)
R &R rear facebar
$365.00
1.2 hours
$31.20
Step pad
$39.25
Left impact strip
$16.90
Left brace
$24.49
Left bracket
$22.05
Repair left bedside
damage
4.0
$104.00
R &R "4x4" decal
$23.56
0.4
$10.40
Refinish left
bedside
6.5
$169.00
Total:
$491.25
$145.60
$169.00
Keyser, 99- 025 -C2
Page 8
b. Rear bumper pushed into rear quarter panel.
c. Damage to rear quarter panel.
42. The damages were not covered under the township's insurance policy.
43. Keyser contacted Daniel Piskuric, 402 Fairfield Avenue, Johnstown, PA, to obtain
an estimate to repair the damage on his personal vehicle.
a. Piskuric estimated the repairs at $943.77.
44. A breakdown of Piskuric's estimate is as follows:
a.
b. There was an additional $137.92 added to the total for materials and tax.
45. Prior to Piskuric's estimate, Keyser's wife, Kathleen Keyser, had scraped the side of
Keyser's truck with the mirror of her car while she was backing her car out of their
garage.
Keyser, 99- 025 -C2
Page 9
a. The damage was located on the rear of the truck bed, near the taillight.
b. The damage was located above the "4x4" decal near the two -tone paint split.
c. The damage consisted of a scratch 12" to 18" in length.
d. The bedside was slightly dented along the scratch.
46. The repair estimate prepared by Piskuric included repair of the damage caused by
Keyser's wife which was unrelated to the damage caused while Keyser was
performing duties for the township.
a. The price for this repair is not listed individually but is included with the other
repairs.
47. Keyser subsequently contacted township solicitor William Barbin to determine if the
township could legally reimburse him for the repairs to his personal vehicle resulting
from use while on township business.
a. Keyser advised Barbin the costs of the repairs to be in excess of $900.00.
1. This figure includes repairs for damages caused by Keyser's wife.
48. At the November 2, 1998, township meeting, a motion was made by Marhefka,
seconded by Podlucky, to have Keyser's truck repaired (body damage) pending
Solicitor Barbin's approval.
a. Keyser abstained from the voting.
49. On November 6, 1998, Barbin wrote a letter to township secretary John Peschock
regarding reimbursing supervisors for vehicle damage during township work. The
letter states, in part:
'This letter is intended as my official opinion that the township may legally
reimburse Supervisor Jeff Keyser for damage done to his vehicle during time
which he was involved in township business...I understand that the damage
occurred while Supervisor Keyser was driving a representative of the paving
contractor on inspection of the paved roads and that during that inspection,
backed into a pole causing approximately $900.00 damage to his personal
vehicle...The township code permits reimbursement of expenses incurred in
performance of the duties for the township. It is my opinion that damage to a
personal vehicle incurred during township work is a reimbursable expense
when approved by the remaining supervisors.'
a. The letter is signed by William Gleason Barbin, Solicitor.
50. Barbin did not intend for his letter of November 6, 1998, to cover any damages
other than those that were incurred by Keyser while performing township business.
51. The repairs to Keyser's personal vehicle were made by Piskuric during the period
November 16, 1998, and November 21, 1998.
52. The scrape on the side of Keyser's vehicle, caused by Keyser's wife, was repaired
by Piskuric along with repairs made to damage that occurred while Keyser was
performing duties for the township.
Keyser, 99- 025 -C2
Page 10
53. Piskuric estimated that he worked on Keyser's truck for a minimum of two additional
hours repairing damage caused by Keyser's wife or approximately $60.
54. Township Purchase Order No. 1998 -355 was issued on November 24, 1998, for
repairs to Supervisor Keyser's vehicle in an amount of $943.77.
a. The purchase order is signed by Keyser.
55. Conemaugh Township Check No. 7640 dated November 24, 1998, was made
payable to Dan Piskuric in the amount of $943.77.
a. Purchase Order No. 1998 -355 is handwritten in the memo section of the
check.
b. The check is endorsed by Daniel Piskuric.
c. The check is signed by John Peschock, township secretary.
56. The cost of the repairs for the damage caused by Keyser's wife was included in
township Check No. 7640.
57. The damage caused by Keyser's wife to Keyser's vehicle did not occur while Keyser
was performing duties for the township.
58. Check No. 7640 was included on the bill list that was voted on at the December 7,
1998, township meeting.
a. This check was included on the bill list for the December 7, 1998, Township
Supervisors' meeting.
b. Keyser participated in actions to approve the payment of the bills.
59. Township supervisors were not aware that the payment approved for repairs to
Keyser's vehicle included repairs which were not the result of township use.
60. In a Sworn Statement on February 8, 2000, Keyser admitted that the township paid
for repairs made to his personal vehicle for damage caused by his wife.
61. Keyser realized a financial gain of approximately $60.00 as a result of billing the
township for the repair of the damages caused by his wife.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT KEYSER
PARTICIPATED IN ACTIONS OF THE BOARD TO GRANT SEWER HOOK -UP
EXTENSIONS TO A COMPANY WITH WHICH HE HAS PRIVATE CONTACTS.
62. On September 30, 1992, Keyser and his wife, Kathleen, entered into a ground lease
agreement with Pennsylvania Broadcasting Associates II, to lease property, on
which a transmitter building and broadcast tower are located.
a. Keyser would be paid $200.00 per month for the first five years of the lease
and $300.00 per month for the subsequent five years.
63. On June 1, 1993, Keyser and Pennsylvania Broadcasting Associates II amended
the ground lease agreement to include Keyser taking over responsibilities relating
to maintaining the property on which the tower and transmitter are located in
compliance with the township weed and grass ordinances.
Keyser, 99- 025 -C2
Page 11
a. This maintenance includes snow removal.
b. Keyser would be compensated an additional $125.00 per month.
64. On December 28, 1993, the ground lease agreement was assigned to Dame Media,
Inc., from Pennsylvania Broadcasting Associates II, with the consent of Keyser.
65. In July 1997, Keyser entered into a maintenance agreement with Dame Media, Inc.,
which provided that Keyser would be responsible for yard maintenance,
landscaping, spray washing, and snow removal and salting of parking lot for Dame
Media's WMTZ /WMTJ facilities.
a. Keyser would be compensated an additional $50.00 per month as of July 1,
1997, with a 60 -day notice of cancellation.
66. 1099 Miscellaneous Income Forms for Keyser from Dame Media indicates a
reportable income as follows for the lease of the property:
a. 1997 - $ 4,300
1998 - $ 5,700
1999 - $ 5,700
67. At the beginning of April 1999, the township sewer line was extended to within 150
feet of Dame Media, Inc.
a. At that time, Dame Media's facility was not part of the township sewer
system.
68. A. Township Zoning Ordinance requires anyone within 150 feet of the township's
sewer line to tap into the sewer line.
a. The ordinance provides a 60 -day time frame for the tap -in to be completed.
b. The tap -in fee, effective July 1999, was $1,650.00 ($750.00 prior to July
1999).
c. The monthly sewer bill is $20.00 per EDU.
69. Dame Media, Inc. did not tap -in to the service line as required by the ordinance.
70. At the April 5, 1999, supervisor's meeting, a request was made by Ron Kight,
station manager, for relief from the tap -in fee pending Dame Media's merger with
Clear Channel Broadcasting.
a. Dame Media did not want to incur the cost of the tap -in fees and costs due to
the impending merger.
b. The merger was to be completed by December 31, 1999.
71. Keyser made the motion and cast the deciding vote at the April 5, 1999, supervisors
meeting for the township to take no action against Dame Media, Inc., until
December 31, 1999, for not tapping into the township sewer lines.
a. The vote to approve was 2 to 1.
Keyser, 99- 025 -C2
Page 12
b. Keyser voted at a time when he had a contract with Dame Media.
72. This is the only sewer tap -in extension ever granted in Conemaugh Township.
73. The merger between Dame Media and Clear Channel Broadcasting was completed
on July 1, 1999.
a. The radio station was connected to the sewer line and paid the associated
fees prior to July 10, 1999.
74. Dame Media, a company with which Keyser has private contracts, did not have to
incur expenses for the monthly sewer bill of at least $120.00 ($40.00 for three
months) as a result of the granted extension.
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Jeffrey Keyser (Keyser), has
been a public official subject to the provisions of the Public Official and Employee Ethics
Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401, et seq., as codified by the Public
Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101, et seq.,
which Acts are referred to herein as the "Ethics Act."
The issue is whether Keyser violated Section 1103(a) as to the allegation that he
submitted and voted to approve expense reimbursement to himself for expenses not
related to township business; he billed the township for repairs to his personal vehicle as a
result of damages which were in excess of the actual damages incurred while on township
business; and he participated in actions of the Board to grant sewer hook -up extensions to
a company with which he had private contracts.
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.
Keyser, 99- 025 -C2
Page 13
65 Pa.C.S. §1102.
Section 1103(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.
facts.
Having noted the issues and applicable law, we shall now summarize the relevant
Keyser has served as a Conemaugh Township Supervisor since January, 1998. In
addition, Keyser is a full -time police officer with the City of Johnstown as well as part -time
instructor for the Harrisburg Area Community College (HACC) wherein he teaches fire and
police courses. Keyser is also a member of the Somerset/ Cambria County Fire Police
Association (FPA) of which he was President in 1994/1995.
The following facts relate to that portion of the allegation concerning expense
reimbursement by Keyser.
On November 21 -22, 1998, Keyser was scheduled to instruct a
communications /public relations class for fire police sponsored by HACC. As to the
courses that Keyser teaches at HACC, he receives compensation plus expense
reimbursement consisting of mileage and hotel /motel lodging. Since the seminar was
canceled due to a lack of attendance, Keyser was not compensated or reimbursed for
expenses he incurred.
Separate and apart from the above, Keyser planned to attend a Pennsylvania Fire
Services Institute (PFSI) conference in Harrisburg, which was scheduled on November22-
23, 1998. The FPA pays the travel related expenses including mileage, meals, and
lodging for its delegates attending the conference. The PFSI conference was held at the
Radisson Penn Harris Hotel in Camp Hill, Pennsylvania. Keyser had checked into the
Radisson on November 20 in anticipation of teaching the HACC class on November 21.
After HACC canceled the class, Keyser stayed at the Radisson based upon his decision
that it would be more costly to return home. On November 22, Keyser transferred to
another room in the Radisson because the representatives at the PFSI conference room
together to reduce the conference expenses.
After the conference concluded, Keyser and the other members checked out. The
FPA paid the Radisson invoice in the amount of $1,049.19 for room charges for Keyser
and the other FPA members. However, the invoice paid by the FPA not only included
Keyser's lodging during the PFSI conference but also the two days that Keyser stayed at
the Radisson prior to the conference.
Even though the FPA paid for Keyser's expenses at the Radisson, Keyser
nevertheless submitted the identical expenses to the township for reimbursement. Keyser
submitted a bill totaling $308.62 to the township for reimbursement for travel expenses that
Keyser listed as a PA Emergency Services conference. Keyser did not obtain prior
approval from the Board of Supervisors to incur such expenses which approval was
required as part of the administrative policy of the township. The $308.62 that Keyser
received from the township was for expenses unrelated to township business.
The following facts relate to that portion of the allegation regarding repairs to
Keyser's personal vehicle.
Keyser, 99- 025 -C2
Page 14
On occasion, Keyser would use his personal vehicle for official township business,
and in one instance, his vehicle incurred damage to the rear bumper and quarter panel.
Since the damages were not covered under the township's insurance policy, Keyser
obtained an estimate for the repairs which totaled $943.77. However, the repair estimate
that Keyser obtained also included damage to his vehicle which resulted from his spouse
scraping the side of his vehicle when she backed her car out of their garage. That damage
consisted of a scratch which was approximately 12 to 18 inches in length.
Keyser contacted the township solicitor to inquire if the township could reimburse
him for the repairs to his vehicle. At a November, 1998, township meeting, a motion was
made to have Keyser's vehicle repaired pending the solicitor's approval. Keyser abstained
as to that vote.
In a letter of November 6, 1998, the solicitor opined that the township could legally
reimburse Keyser for damage done to his vehicle, which occurred on township business.
The solicitor's opinion was based upon his interpretation of the township code which
permits reimbursement of expenses incurred in the performance of township duties. The
solicitor did not intend for his letter to cover damages other than those incurred while
performing township business.
The repairs to Keyser's personal vehicle were then completed, including the scrape
that was caused by Keyser's spouse. It is estimated that the repair of the scratch was
approximately $60. Subsequently, an invoice in the amount of $943.77 was sent to the
township for the repair of Keyser's vehicle. The invoice was approved for payment at a
December 7, 1998, township meeting as part of a bills list. Keyser participated in the
approval of the payment of bills.
Keyser has admitted that the township also paid for repairs made to his personal
vehicle for damage which was caused by his spouse. Keyser realized a financial gain of
approximately $60 for that repair.
The following facts relate to that part of the allegation concerning Keyser's action as
to the grant of an extension for a sewer hookup.
Keyser and his spouse had a ground lease agreement with the Pennsylvania
Broadcasting Associates II (Associates) to lease property on which a transmitter building
and broadcast tower are located. Subsequently, with the consent of Keyser, the
Associates assigned the ground lease agreement to Dame Media, Inc.
In April, 1999, when the township extended its sewer line to within 150 of Dame
Media, Inc., the township zoning ordinance required a tap into the township sewer line
within 60 days. Any tap in generated a fee of $1,650 plus a monthly sewer bill of $20.
Dame Media, Inc. did not tap into the service line as required by ordinance and made a
request for relief of the tap in fee pending its merger with Clear Channel Broadcasting,
which was to be completed by December 31, 1999. Dame Media, Inc's. request was
submitted at a Supervisors' meeting wherein Keyser made a motion and cast the deciding
vote for the township to take no action against Dame Media until December 31, 1999, as to
the township sewer line tap in. Such sewer tap in extension was the only one ever granted
in Conemaugh Township. After the merger between Dame Media and Clear Channel
Broadcasting was completed in July, 1999, the station was connected into the sewer line
and appropriate fees were paid. However, Dame Media, the company with which Keyser
had the contract, did not have to incur expenses for the sewer bill for at least $120 based
upon the granted sewer tap in extension.
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 3(a) of
Keyser, 99- 025 -C2
Page 15
the Ethics Act when Keyser submitted and voted to approve expense reimbursement for
expenses not related to township business; a violation of Section 3(a) of the Ethics Act
when Keyser billed the township for repairs to his personal vehicle as a result of damages
which were in excess of actual damages incurred while on township business; a technical
violation of Section 3(a) of the Ethics Act when Keyser participated in actions of the board
of supervisors to grant sewer hook -up extensions to a company with which he had a
private lease; and a payment of $500.00 within 30 days of the issuance of this Order by
Keyser through this Commission to the Commonwealth of Pennsylvania.
In applying the above facts to Section 1103(a) of the Ethics Act, we will address the
three allegations seriatim. As to the first allegation regarding the expense reimbursement,
the expenses were not those to which Keyser was entitled to reimbursement. Keyser has
so stipulated in a sworn statement, See, Fact Finding 37. But for the fact that Keyser is a
Conemaugh Township Supervisor, he could not have been in the position to submit and
receive reimbursement for those personal travel expenses. Accordingly, such action by
Keyser was a use of authority of office. In addition, the use of authority of office resulted in
a private pecuniary benefit consisting of the money that Keyser received as to the claimed
reimbursement for those personal expenses. That private pecuniary benefit inured to
Keyser himself. Accordingly, Keyser violated Section 1103(a) of the Ethics Act when he
used the authority of office to obtain the reimbursement of expenses from Conemaugh
Township to which he was not entitled. See, Hagen, Order 554 -R.
Turning to the allegation of the repairs of Keyser's personal vehicle, although
Keyser's vehicle was damaged while he was on township official business, the repairs for
which Keyser submitted reimbursement were not only for that damage, but damage that
resulted from his spouse backing her car out of the garage. Thus, Keyser obtained repairs
on his vehicle which were not only as a result of damage while on township business, but
also as to damage that was not related township business. Keyser, as a Supervisor, was
able to submit his request for reimbursement of damages to the township and obtain
payment for such damages. Such action was a use of authority of office. See, Juliante,
Order 809. In addition, Keyser participated in actions at the December 7, 1998, meeting of
the Township Supervisors to pay bills which included the invoice for repairs for the
damage to his vehicle. The use of authority of office resulted in a private pecuniary benefit
consisting of the repairs to the damage to his vehicle which were not related to township
business. The pecuniary benefit inured to Keyser himself. Accordingly, Keyser violated
Section 1103(a) of the Ethics Act when he used the authority of office to obtain a private
pecuniary benefit consisting of township paid repairs to his vehicle which were not
township related.
As to the allegation regarding the sewer tap in extension, the stipulated facts reflect
that Keyser made a motion and cast the deciding vote to award the one and only extension
in the township for sewer tap in to Dame Media, Inc., a business with which he had a
contractual relationship. But for the fact that Keyser was a supervisor, he would not have
been in a position to participate and take action to effectuate that extension to a business
with which he had a contractual relationship. Such action was a use of authority of office
on the part of Keyser. Such action resulted in a pecuniary benefit to Keyser consisting of
the continuation of the contractual relationship with Dame Media, Inc., as to which Keyser
and his spouse received payments for a ground lease and certain other maintenance
services. Keyser's actions are contrary to precedent of this Commission wherein we have
held that a public official /public employee has a conflict in participating in matters with a
business to which he provides services or has a contractual relationship. See, Miller,
Opinion 89 -024; Kannebecker, Opinion 92 -010.
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. Accordingly,
Keyser, 99- 025 -C2
Page 16
Keyser is directed to make the payment of $500.00 to the Commonwealth of Pennsylvania
within 30 days of the date of this Order. 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.
The above review of this case compels further commentary on our part. It is highly
disconcerting that Keyser, a public official as a township supervisor, a police officer, and
an instructor at a community college, engaged in such conduct that is in complete
derogation of the Ethics Act.
The Ethics Act, in both its letter and spirit, recognizes public office to be a trust with
public officials /employees acting accordingly so that "public confidence in government can
best be sustained by assuring the people of the impartiality and honesty of public
officials..." (Emphasis added) 65 P.S. §1101(a).
What we have in this case is Keyser acting for personal financial gain in total
disregard of the Ethics Act. Further, it is clear from our analysis that such actions were
knowingly taken for a private pecuniary benefit in direct contravention to the Ethics Act.
Keyser, the Conemaugh Township Supervisor, the Johnstown police officer, the
Harrisburg Area Community College instructor, is directed in his future conduct to carryout
his actions so that he follows both the letter and spirit of the Ethics Act.
IV. CONCLUSIONS OF LAW:
1. Jeffrey Keyser, as a Supervisor in Conemaugh Township, Cambria County, is a
public official subject to the provisions of Act 9 of 1989/Act 93 of 1998, Chapter 11.
2. Keyser violated Section 3(a) of the Ethics Act when he received expense
reimbursement for expenses not related to township business.
3. Keyser violated Section 3(a) of the Ethics Act when he received payment from the
township for repairs to his personal vehicle as a result of damages which were in
excess of actual damages incurred while on township business.
In Re: Jeffrey Keyser
ORDER NO. 1156
File Docket: 99- 025 -C2
Date Decided: 06/20/00
Date Mailed: 07/07/00
1 Jeffrey Keyser, as a Supervisor in Conemaugh Township, Cambria County, violated
Section 3(a) of the Ethics Act when he received expense reimbursement for
expenses not related to township business.
2. Keyser violated Section 3(a) of the Ethics Act when he received payment from the
township for repairs to his personal vehicle as a result of damages which were in
excess of actual damages incurred while on township business.
3. As per the Consent Agreement of the parties, Keyser is directed to make the
payment of $500.00 to the Commonwealth of Pennsylvania within 30 days of the
date of this Order.
4. 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.
BY THE COMMISSION,
DANEEN E. REESE, CHAIR