Loading...
HomeMy WebLinkAbout1159 ConleyIn Re: Robert Conley Before: Daneen E. Reese, Chair Louis W. Fryman, Vice Chair Julius Uehlein John J. Bolger Frank M. Brown Susan Mosites Bicket File Docket: 99- 009 -C2 X -ref: Order No. 1159 Date Decided: 06/20/00 Date Mailed: 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 allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." A general extension to file an Answer was granted 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. Conley, 99- 009 -C2 Page 2 I. ALLEGATION: That Robert Conley, a public official in his capacity as a Supervisor for Newberry Township, York County, violated Sections 1103(a) and 1104(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(a) and 1104(a), when he used the authority of his office for the private pecuniary benefit of himself and /or a business with which he is associated by participating in reviews, discussions, and approvals for a land development on property he owns and subsequently leased to the Carrolls Corporation for the development of a Burger King Restaurant; and when he failed to disclose on Statements of Financial Interests for the 1997 and 1998 calendar years names and addresses of direct or indirect sources of income in the aggregate of $1,300.00 or more; office, directorship, or employment in any business entity; and financial interest in any legal entity engaged in business for profit; and when he failed to file Statements of Financial Interests for the 1995 and 1996 calendar years. II. FINDINGS: 1. Robert Conley has served as Newberry Township Supervisor since January 1992. 2. Robert Conley owns various businesses and rental properties in York, Dauphin and Adams Counties, Pennsylvania. 3. Robert Conley has ownership interests in the following businesses: a. Bumper Bob's Seafood, 1875 Old Trail Road, Etters, Pa. b. York Springs Auto Auction, 10 Auction Drive, York Springs, Pa. c. Rockit Pizza, 1995 Old Trail Road, Etters, Pa. d. Trailer Court, 36 -60 Cloverleaf Road, York, Pa. e. Conley Management, 10B Auction Drive, York Springs, Pa. f. York Auto Repair, 5235 Susquehanna Trail, York, Pa. g. York Auto Reconditioning, 5235 Susquehanna Trail, York, Pa. h. Conley Enterprises, 10B Auction Drive, York Springs, Pa. TRA, Inc., 604 Robin Hood Drive, Etters, Pa. 4. Robert Conley and his wife, Anna Mae Conley, are the owners of three tracts of land, totaling approximately 1.5 acres, located in Newberry Township, adjacent to Interstate 1 -83 off Exit 14a. a. The property was purchased by Conley on January 20, 1992. 5. Conley operated a restaurant known as the Robin Hood on this property. 6. In early 1998 the Carrolls Corporation, with principal offices at 968 James Street, Syracuse, New York, was attempting to find a location in central Pennsylvania to construct a Burger King restaurant. a. The Carrolls Corporation is the largest franchiser of Burger King restaurants in the United States. Conley, 99- 009 -C2 Page 3 b. The Carrolls Corporation desired a location off Interstate 1 -83, in the vicinity of Newberry Township. 7 The Carrolls Corporation contracted with Bennett - Williams, a commercial real estate broker to locate a property. 8. Bennett - Williams identified Conley's property off 1 -83 as a potential site. a. Bennett - Williams negotiated a lease agreement with Robert Conley on behalf of Carrolls Corporation for the 1.5 acres located in Newberry Township. 9. On March 5, 1998, Robert and Anna Mae Conley entered into a lease with Carrolls Corporation for the property located at Exit 14a of 1 -83. a. The lease was signed by both Robert and Anna Mae Conley. 10. The lease term was for twenty (20) years with two renewal options of five (5) and four (4) years each. a. The commencement date of the lease would be the earlier of: (1) The first day lessee (Carrolls) opens to the public for business; (2) One hundred twenty (120) days following the later; (a) Receipt by lessee of all government approvals (including but not limited to a building permit) necessary to construct and operate a Burger King restaurant on the premises, and; (b) Delivery of vacant possession of the premises by lessor to lessee. 11. The lease officially commenced on December 15, 1998, after all approvals had been obtained from Newberry Township. 12. Section 7(b) of the lease agreement between the Conleys and the Carrolls Corporation provides the lessor (Conley) shall cooperate with Carrolls in obtaining government approvals in connection with any alterations, improvements and additions to the property. a. Government approvals included any and all licenses, building permits and certificates of occupancy. b. Section 7(b) further required that no alteration, improvement or addition be undertaken until Carrolls obtained and paid for all municipal and other governmental permits. 13. Section 18 (Conditions to Performance) of the lease required the Carrolls obtain all necessary building permits and approvals of any nature needed to construct and operate a Burger King restaurant with a drive -thru, to fulfill its obligations under the lease. a. Section 18(c) further required that Conley, as lessor, assist in obtaining government approvals as listed. Conley, 99- 009 -C2 Page 4 14. The governmental entity granting approvals and issuing permits for the proposed Burger King restaurant was the Newberry Township Board of Supervisors. 15. At the time of entering into the contract with Carrolls Corporation, Conley was serving as a member of the Newberry Township Board of Supervisors, the governmental body responsible for granting approvals regarding the construction of the Burger King restaurant. 16. The Newberry Township Board of Supervisors was required to act on land development plans and conditional use permit requests submitted by Carrolls Corporation regarding the opening of the Burger King Restaurant. 17. Alpha Consulting Engineers on behalf of Carrolls Corporation submitted a final Land Development Plan for the proposed Burger King to Rod Borda, Newberry Township Zoning Officer, on June 10, 1998. 18. The Land Development Plan submitted by Alpha on June 15, 1998, to Borda requested the following waivers which were submitted on June 15, 1998. a. Waiver to submit preliminary plan. b. Waiver to install sidewalks along frontage. c. Waiver to provide curbing along frontage. d. Waiver of driveway width. 19. Mark Bruening, township engineer, authored memorandums to the board of supervisors on June 29, 1998; July 13, 1998; September 9, 1998; and September 28, 1998, regarding the Carroll's Land Development Plan. a. Copies of Bruening's memorandums were made available to all members of the board of supervisors, including Robert Conley. 20. Bruening's memorandum dated July 13, 1998, offered comments and recommendations in the areas of land development, traffic and waivers. a. The land development comments recommended changes on access drives and curves within the parking area. b. The traffic comments recommended elimination of the second lane, redesign of the driveway, revising location of dumpsters and loading area, enlargement of proposed island and elimination of a parking space. 21. Bruening's memorandums of June 29, 1998, and July 13, 1998, were provided to the board of supervisors prior to the board taking any action on Carrolls land development plan. 22. The Carrolls Corporation's land development plan for the Burger King was considered by the Newberry Township Supervisors during the July 28, 1998, meeting. a. Robert Conley was present during this meeting. 23. During the review of the Carrolls Corporation Land Development Plan by the board of supervisors on July 28, 1998, issues were raised and discussions Conley, 99- 009 -C2 Page 5 ensued including parking lot size, the drive -thru window, access road to the restaurant, traffic flow, and the waivers submitted by Alpha Engineers. a. Robert Conley, in his capacity as a Newberry Township Supervisor, participated in those discussions leading to the agreement to approve the Land Development Plan. b. Burger King agreed to make changes recommended by Bruening. 24. On July 28, 1998, the Newberry Township Board of Supervisors approved the Carrolls Corporation Land Development Plan by a 5 to 0 vote. a. Approvals included the waivers requested and outlined by Bruening's June 29, 1998, memorandum. (See Finding No. 31). b. All five supervisors, including Conley, are recorded in the minutes as voting "yes." c. No abstentions or "no" votes are recorded. 25. Regarding the vote: a. Conley was heard casting a "yes" vote one supervisor. b. Other supervisors either did not hear Conley vote or observe his actions. c. Other individuals attending the meeting observed Conley not voting. 26. Robert Conley did not publicly disclose that he was leasing the property to Carrolls Corporation. 27. On June 15, 1998, John Murphy, P.E. of Alpha Consulting Engineers submitted a Conditional Use Request to Rod Borda, Newberry Township Zoning Officer. a. Murphy advised that Carrolls Corporation was proposing to construct a 90 seat Burger King with parking and a drive -thru window and requested conditional use approval. 28. Prior to the board of supervisors taking action on Carrolls Conditional Use Request, Township Engineer Bruening prepared memoranda to the board dated June 29, 1998; July 13, 1998, and August 11, 1998. a. The memoranda were provided to the board of supervisors, including Conley. 29. Items noted in Bruening's memoranda included the following: a. The property appears to be located within 300 feet of residentially zoned land, a non - permitted use. b. The plan did not show that adequate public facilities are available to serve proposed use (e.g. sewer, vehicular access, etc.). 30. On August 11, 1998, the Newberry Township Board of Supervisors considered the Conditional Use Requests for the Carrolls Corporation Burger King land development. Conley, 99- 009 -C2 Page 6 a. Carrolls Corporation made a brief presentation to the board outlining reasons why the conditional use permit should be approved. b. Following the presentation by the Carrolls Corporation the board of supervisors approved the conditional use permit by a unanimous vote. c. Robert Conley was present at the meeting and is recorded as voting "yes" to approve the conditional use permit. 31. Regarding the vote: a. Conley was observed casting a "yes" vote by one supervisor. b. Other supervisors either did not hear Conley vote or observe his actions. c. Other supervisors observed that Conley did not vote. 32. Conley did not publicly disclose that he was leasing property to Carrolls Corporation. The following findings relate to the allegation that Robert Conley failed to file Statements of Financial Interests for the 1995 and 1996 calendar years and failed to disclose on Statements of Financial Interests for 1997 and 1998 sources of income, office, directorship or employment in any business entity, and financial interests in any legal entity engaged in business for profit. 33. Newberry Township supervisors are provided blank State Ethics Commission Statements of Financial Interests, Forms SEC -1, by Township Secretary Anne Bacum on an annual basis. a. The blank forms are provided to the supervisors in late January or early February of each year. b. The forms are put in each supervisors' township mailbox. 34. Robert Conley was provided blank Statements of Financial Interests in his township mailbox for the 1995 and 1996 calendar years. 35. A compliance review conducted by the Investigative Division of the State Ethics Commission confirmed that no Statements of Financial Interests were on file for Robert Conley with Newberry Township for the 1995 and 1996 calendar years. 36. Robert Conley filed a Statement of Financial Interests with Newberry Township for the 1997 calendar year on April 25, 1998. a. Conley disclosed on Item No. 10, Direct or Indirect Sources of Income, "R.H. and A.M. Conley, 628 Old York Road, Etters, PA." (1) R.H. and A.M. are the initials of Robert H. and Anna Mae Conley. b. On Item No. 14, Office, Directorship or Employment in any Business Conley disclosed "None." Conley, 99- 009 -C2 Page 7 c. On Item No. 15, Financial Interests in any Legal Entity in Business for Profit, Conley reported "None." d. The form bears the signature of Robert H. Conley. 37. Joint tax returns filed by Robert and Anna Mae Conley for 1997 confirm gross income in excess of $1,300 from the following sources: a. Source of Income BC's Family Restaurant York Springs Auto Auction Conley Motors Conley Car Detailing Rock -It -Pizza Newberry Rock -It -Pizza Manchester Robinhood Restaurant b. Interest Income: Dillsburg Beverage, Inc. York Bank c. Rental Income: Aumiller's West Inc. Mobile Homes , Old York Road Mobile Home s , Sipe Road Mobile Home s , Clover Leaf Road Conley Enterprises Reliance Finance 38. On the Statement of Financial Interests filed on April 25, 1998, for calendar year 1997, Conley failed to disclose in Item 10 any of the sources of income outlined in Finding No. 38 [sic]. 39. Conley did not disclose on Items No. 14 and 15 of the April 25, 1998, Statement of Financial Interests his financial interest in the following: a. B.C.'s Family Restaurant. b. York Springs Auto Auction c. Conley Motors d. Conley Car Detailing e. Rock -It- Pizza, Newberry f. Rock -It- Pizza, Manchester g. Robin Hood Restaurant TRA, Inc. 40. Conley filed a Statement of Financial Interests with Newberry Township for the 1998 calendar year dated April 13, 1999. a. Conley disclosed on Item No. 10, Direct or Indirect Sources of Income, Conley Enterprises. Conley, 99- 009 -C2 Page 8 b. On Item No. 13, Office, Directorship or Employment in any Business, Conley disclosed "None." c. On Item No. 14, Name and Address of any Business in which the filer owns 5% or more of equity or assets of economic interests, Conley disclosed "None." 41. Conley Enterprises, Inc., is an entity incorporated in the Commonwealth of Pennsylvania on March 20, 1989, by Thomas D. Conley, 75 Talbot Court, Media, Pa. a. Robert Conley has no ownership in this company. 42. Joint tax returns filed by Robert and Anna Mae Conley for 1998 confirmed gross income in excess of $1,300 as follows: a. Source of Income BC's Family Restaurant York Springs Auto Auction Rock -It- Pizza, Newberry Rock -It- Pizza, Manchester b. Interest Income: First National Bank of Maryland Dillsburg Beverage, Inc. c. Rental Income: Rental Type Auto Salvage Yard Mobile Home Park, Old York Road Mobile Home Park, Sipe Road Trailer Court, Clover Leaf Road Conley Enterprises Carrolls Corporation Reliance Finance 43. Conley failed to disclose on the Statement of Financial Interests filed on April 13, 1999, for the 1998 calendar year any of the sources of income outlined in Finding No. 43 [sic] except Conley Enterprises. 44. In 1998, Conley held office or directorship and /or financial interests in the following businesses. a. York Springs Auto Auction b. Rock -It -Pizza c. Conley Motors d. Uncle Bob's Seafood e. York Auto Reconditioning f. Conley Management, Inc. g. Conley Enterprises. Conley, 99- 009 -C2 Page 9 h. TRA, Inc. 45. Conley failed to disclose any of these entities on Item Nos. 13 or 14 of the Statement of Financial Interests filed for the 1998 calendar year. 46. Conley also filed a Statement of Financial Interests on March 7, 1999, as a candidate for District Justice. a. On that form Conley listed Conley Enterprises as a direct or indirect source of income. b. Conley did not answer items no. 13 and 14 related to office, directorship or employment in any business and financial interests in any legal entity in business for profit. 47. On or about January 12, 2000, Conley filed a Statement of Financial Interest which was signed January 12, 2000. a. The form was received by the State Ethics Commission through Conley's attorney. 48. On the Statement of Financial Interests dated January 12, 2000, Conley disclosed the following items as sources of income: a. Conley Enterprises (Rentals to Conley Enterprises) 1. York Springs Auto Auction, 10 Auction Drive, York Springs, PA 17372. 2. Rockit Pizza, 1995 Old Trail Road, Etters, PA 17319 3. Robert H. Conley Motors, 10 B. Auction Drive, York Springs, PA 17372. 4. Bumper Bob's Seafood, Old Trail Road, Etters, PA 17319. 5. Aumillers Auto Salvage, 906 Rossville Road, Lewisberry, PA 17339. 6. Dillsburg Brewerage, US Rt. 15, Dillsburg, PA 17019 7. York Auto Recon, 5235 Susquehanna Trail, York, PA 17405 8. York Auto Repair, 5235 Susquehanna Trail, York, PA 17405 9. York Auto Auction, (Rental Lot), 5235 Susquehanna Trail, PA 17405 10. Car Lot, 800 Cameron Street, Harrisburg, PA 17104 11. Car Lot, 800 Cameron Street, Harrisburg, PA 17104 12. Burger King, Robin Hood Drive, Etters, PA 17319 13. Car Lot, 3955 Lewisberry Road, Lewisberry, PA 17339 14. Grocery Store, 55 N. New Berry Street, York, PA 17405 15. Apartments and /or Trailer Rentals: a. 2140 Old Trail Road, Etters, PA 17319 b. 1780 Old Trail Road, Etters, PA 17319 c. Five Rental Properties, 36 -60 Cloverleaf Road, York, PA 17405 d. Dover Apartment, 27 N. Main Street, Dover, PA 17315 e. Garage, 23 N. Main Street, Dover, PA 17315. f. 765 Sipe Road, York Haven, PA 17370 g. 775 Sipe Road, York Haven, PA 17370 49. Conley also disclosed employment in any business entity and financial interests in any legal entity for profit the following items: a. Conley Enterprises, 10 B. Auction Drive, York Springs, PA 17372 — Sole Proprietor Conley, 99- 009 -C2 Page 10 b. Conley Management, Inc., 10 B. Auction Drive, York Springs, PA 17372 - President, Incorporated December 15, 1999. c. York Springs Auto Auction, 10 Auction Drive, York Springs, PA 17372 —Sole Proprietor, Incorporated December 15, 1999, President d. Robert H. Conley Motors, 10 B. Auction Drive, York Springs, PA 17372 — Sole Proprietor, Incorporated December 15, 1999, President e. Bumper Bobs Seafood, 1875 Old Trail Road, Etters, PA 17319 — Sole Proprietor, Incorporated December 15, 1999, President f. Rockit Pizza, 1995 Old Trail Road, Etters, PA 17319, Sole Proprietor, Incorporated December 15, 1999, President g. York Auto Recon, 5235 Susquehanna Road, York, PA 17405 — Sole Proprietor III. DISCUSSION: At all times relevant to this matter, the Respondent, Robert Conley, (Conley), 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 Conley violated Sections 3(a) and 4(a) of the Ethics Act as to the allegations that he participated in reviews, discussions, and approvals for a land development on property he owns and leased to the Carrolls Corporation for the development of a Burger King Restaurant; and when he failed to disclose on Statements of Financial Interests for the 1997 and 1998 calendar years names and addresses of direct or indirect sources of income in the aggregate of $1,300.00 or more; office, directorship, or employment in any business entity; and financial interest in any legal entity engaged in business for profit; and when he failed to file Statements of Financial Interests for the 1995 and 1996 calendar years. 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 Conley, 99- 009 -C2 Page 11 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 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. Section 1104. Statement of financial interests required to be filed. (a) Public official or public employee. - -Each public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the commission no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Each public employee and public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the department, agency, body or bureau in which he is employed or to which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Persons who are full -time or part -time solicitors for political subdivisions are required to file under this section. 65 Pa.C.S. §1104(a). Section 1104(a) of the Ethics Act requires that each public official /public employee must file a Statement of Financial Interests for the preceding calendar year, each year that he holds the position and the year after he leaves it. Section 1105(b) of the Ethics Act requires that every public official /public employee and candidate list the required financial interests. Having noted the issues and applicable law, we shall now summarize the relevant facts. Conley has served as a Newberry Township Supervisor since 1992. In a private capacity, Conley owns numerous business and rental properties as listed in Fact Finding 3. One of Conley's interests is a tract of land located in Newberry Township adjacent to Interstate 1 -83 which is owned by Conley and his spouse. In 1998, Carrolls Corporation, the largest franchiser of Burger King restaurants in the United States, was seeking property in Central Pennsylvania off I- 83 as a potential site for a Burger King restaurant. A lease was entered into Conley, 99- 009 -C2 Page 12 between Carrolls Corporation and the Conleys for their property located near 1 -83. The lease required Carrolls Corporation to obtain all necessary building permits and approvals to construct and operate a Burger King restaurant. Other provisions of the lease required the Conleys to cooperate with and assist Carrolls Corporation in obtaining government approvals in connection with any alterations, improvements, or additions to the property. At the time of entering into the lease with the Carrolls Corporation, Conley was a member of the Newberry Township Board of Supervisors, the governmental body that was required to act on the land development plans and conditional use permit requests submitted by Carrolls Corporation for the Burger King restaurant. Carrolls Corporation submitted a land development plan which was reviewed by the Township Engineer. The plan sought waivers of the preliminary plan, sidewalks and curbing along the frontage, and driveway width. The Township Engineer offered comments and recommended changes as to access drives and curves within the parking area, elimination of a second lane, redesign of the driveway, revised location of loading area, enlargement of an island, and elimination of a parking space. At a July 28, 1998, Board meeting, the Newberry Township Supervisors considered the Carrolls Corporation land development plan. Conley participated in discussions of the Board on issues involving parking lot size, the drive thru window, access road, traffic flow, and waivers. The Board approved the Carrolls Corporation land development plan by a vote which was recorded as 5 -0. There is some question as to whether Conley actually voted in that one Supervisor heard Conley voting yes, other individuals attending the meeting observed Conley not voting, and others did not observe Conley as to the vote. There is no question that Conley failed to publicly disclose that he was leasing the property to the Carrolls Corporation. On June 15, 1998, Carrolls Corporation submitted a conditional use request to the Newberry Township Zoning Officer. The Township Engineer reviewed the request and provided memoranda to the Supervisors concerning two problem areas: the property improperly being within 300 feet of a residentially zoned area and the adequacy of public facilities to serve the proposed use. At an August 11, 1998 Board meeting, the Newberry Township Supervisors voted to approve the conditional use request, which was recorded as a unanimous vote. Once again, there is some question as to whether Conley voted but no question that he failed to publicly disclose that he was leasing the property to Carrolls Corporation. Turning to the matter of filing Statements of Financial Interests (FIS's) in Newberry Township, the Township Secretary annually provides the blank forms to the Supervisors in late January or early February. Blank FIS's were deposited in Conley's township mailbox for the 1995 and 1996 calendar years. However, a compliance review conducted by the Investigative Division reflected that no FIS's were on file for Conley with Newberry Township for the 1995 and 1996 calendar years. For the 1997 calendar year, Conley filed an FIS which only disclosed "R.H. and A.M. Conley" as a source of income with "None" checked as to the two categories of officer, directorship, or employment and financial interests in any legal entity. However, the Conleys' income tax return reflects income in excess of $1,300 from all of the sources listed in Fact Finding 37. As noted above, such sources of income were not disclosed on the 1997 calendar year FIS filed by Conley. Similarly, Conley did not disclose the various financial interests as set forth in Fact Finding 39 in the categories of office, directorship, or employment and financial interests in any legal entity. Conley, 99- 009 -C2 Page 13 As to Conley's FIS filed for the 1998 calendar year, Conley disclosed Conley Enterprises as a source of income and listed "None" under the two categories of officer, directorship, or employment and name and address of any business in which the filer owns 5 %. However, the 1998 joint tax return of Conley and his spouse reflects income in excess of $1,300 as to the various interests as delineated in Fact Finding 42. Thus, Conley failed to disclose such financial interests on his 1998 calendar year FIS. Similarly, Fact Finding 44 delineates the officer, directorship, or employment Conley held in 1998. Conley failed to list those interests on his calendar year 1998 FIS. On or about January 12, 2000, Conley, through his attorney, filed an FIS setting forth various financial interests as delineated in Fact Findings 48 and 49. Having summarized the above relevant facts, we must now determine whether the actions of Conley violated Section(s) 1103(a) and 1104(a) of the Ethics Act. The parties have submitted a Consent Agreement together with a Stipulation of Findings wherein they propose to resolve the case by finding a technical violation of Section 1103(a) of the Ethics Law in relation to Conley's general participation in the process whereby Newberry Township considered the land development request and conditional use request of the Carrolls Corporation and Conley's failure to make the appropriate disclosures as required under the Ethics Act; violations of the FIS filing requirements for 1995 and 1996 based upon the fact that Conley failed to file FIS's for those years; violations of the FIS reporting requirements for the years 1997 and 1998 based upon Conley's failure to disclose sources of income, employment, officership, or financial interests in businesses as required under the Ethics Act; and a payment of $3,000 by Conley, relative to the failure to disclose issues, within 30 days of the issuance of this Order through this Commission to the Commonwealth of Pennsylvania. Regarding Section 1103(a) of the Ethics Act, it is clear that there were uses of authority of office on the part of Conley as to the matters involving Carrolls Corporation. But for the fact that Conley was a Supervisor, he could not have participated in the discussions regarding the land development plan and conditional use request by Carrolls Corporation. Such actions were uses of authority of office. See, Juliante, Order 809. Although there is some question as to whether Conley voted, there is no question that he participated and failed to make disclosure of his interest in the property and contractual relationship with Carrolls Corporation. The uses of authority of office related to a pecuniary benefit for Conley himself consisting of the payments that he would receive pursuant to the lease with Carrolls Corporation. Accordingly, Conley technically violated Section 1103(a) of the Ethics Act when he participated in the process of the Newberry Township Board of Supervisors to consider the land development and conditional use request of Carrolls Corporation and failed to make appropriate disclosures as required by the Ethics Act. As to the FIS's for calendar years 1995 and 1996, the record reflects that there were no FIS's on file with Newberry Township by Conley. Accordingly, Conley violated Section 1104(a) of the Ethics Act when he failed to file FIS's for the calendar years 1995 and 1996 with Newberry Township. Regarding the FIS's Conley filed for the calendar years 1997 and 1998, such FIS's were deficient in that Conley failed to disclose sources of income, employment, officership, or financial interests in businesses as delineated in the Fact Findings. Accordingly, Conley violated the Ethics Act when he failed to disclose such financial interests in his 1997 and 1998 calendar year FIS's. Conley, 99- 009 -C2 Page 14 On or about January 12, 2000, Conley filed through his attorney an FIS listing the sources of income and financial interests as delineated in the Fact Findings. It appears that the filing deficiencies have been corrected. 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, Conley is directed to make payment of $3,000 through this Commission 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 by the Commission. Non - compliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. Robert Conley, as a Supervisor in Newberry Township, York County, is a public official subject to the provisions of Act 9 of 1989/Act 93 of 1998, Chapter 11. 2. Conley technically violated Section 1103(a) of the Ethics Act when he participated in the process of the Newberry Township Board of Supervisors to consider the land development and conditional use request of Carrolls Corporation, as to land he and his spouse leased to Carrolls, and failed to make appropriate disclosures as required by the Ethics Act. 3. Conley violated Section 1104(a) of the Ethics Act when he failed to file FIS's for the calendar years 1995 and 1996 with Newberry Township. 4. Conley violated Section 1105(b) of the Ethics Act when he failed to disclose income, employment, officership, and financial interests in businesses on his 1997 and 1998 calendar year FIS's. In Re: Robert Conley ORDER NO. 1159 File Docket: 99- 009 -C2 Date Decided: 06/20/00 Date Mailed: 07/07/00 1. Robert Conley, as a Supervisor in Newberry Township, technically violated Section 1103(a) of the Ethics Act when he participated in the process of the Newberry Township Board of Supervisors to consider the land development and conditional use request of Carrolls Corporation, as to land he and his spouse leased to Carrolls, and failed to make appropriate disclosures as required by the Ethics Act. 2. Conley violated Section 1104(a) of the Ethics Act when he failed to file Financial Interests Statements for the calendar years 1995 and 1996 with Newberry Township. 3. Conley violated Section 1105(b) of the Ethics Act when he failed to disclose income, employment, officership, and financial interests in businesses on his 1997 and 1998 calendar year Financial Interests Statements. 4. Per the Consent Agreement of the parties, Conley is directed to make the payment of $3,000 through this Commission to the Commonwealth of Pennsylvania within 30 days of the date 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, DANEEN E. REESE, CHAIR