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HomeMy WebLinkAbout1180 BulerIn Re: Linda Buler File Docket: X -ref: Date Decided: Date Mailed: Before: Daneen E. Reese, Chair Louis W. Fryman, Vice Chair John J. Bolger Frank M. Brown Susan Mosites Bicket Donald M. McCurdy 00- 008 -C2 Order No. 1180 2/26/01 3/12/01 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 and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Consent Agreement was subsequently approved. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11, Act 93 of 1998, which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. 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 Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Law 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. Buler, 00- 008 -C2 Page 2 I. ALLEGATION: That Linda Buler, a public official in her capacity as a Supervisor for Exeter Township, Berks County, violated the Section 3(a)/1103(a) of the State Ethics Act (Act 9 of 1989 as codified by Act 93 of 1998) when she participated in discussions, actions and votes of the board of supervisors to create a paid position for herself with the township; and when she voted to approve payments to herself; and when she participated in discussions and actions of the board of supervisors resulting in the use of the township solicitor to represent her in a lawsuit against the auditors over wages for her township position; and when she submitted hours for compensation and participated in approving payments to herself for time in excess of that approved by the township auditors. II. FINDINGS: 1. Linda Buler has served as an Exeter Township Supervisor since January 1986. a. Buler has served as Chairman of the Board of Supervisors since at least 1996. 2. Linda Buler also serves on the Exeter Township Sewer Authority and is a member of the township police pension board. 3. Exeter Township is a Second Class Township located in Berks County. a. Exeter Township is governed by a five member board of supervisors. 4. In 1996, Exeter Township employed a township manager to oversee the day to day activities of the township. a. The position of manager was created by ordinance. b. In January 1996 Mark Schroyer was employed as the Exeter Township Manager. c. Schroyer also served as the township's Chief Administrative Officer. 5. Mark Schroyer resigned his position of Exeter Township Manager effective July 22, 1996. 6. Following Schroyer's resignation the board of supervisors discussed various options for replacing Schroyer. a. The board was not satisfied with some aspects of Schroyer's performance, including a lack of communication and Schroyer's failure to keep board members fully informed of developments in the township. 7 One of the options for replacing Schroyer discussed by the board was dividing the manager duties among the supervisors. a. Supervisor Gary Cuppels advocated each supervisor serving as a department head of various township departments. 1. Supervisors would serve as liaisons between the board and township departments. Buler, 00- 008 -C2 Page 3 b. Linda Buler participated in the discussions. 8. Between the time that Schroyer resigned on July 22, 1996, and January 1997 the members of the board of supervisors discussed ways the department head duties could be assigned. a. One option discussed was assigning supervisors to head various departments based on individual Supervisors' interests and expertise. b. Buler participated in these discussions regarding the supervisors serving as department heads. c. The discussions that took place did not occur during any public meetings of the board between July 1996 and January 1997. 9. In January 1997 a list of various township departments and the name of the supervisors who would serve as department heads was developed. 10. During the January 13, 1997, Board of Supervisors regular meeting action was taken by the board to appoint individual supervisors as directors of various township departments. a. A motion was made by Supervisor Craig Breneiser and seconded by Gary Cuppels to appoint the supervisors as temporary employees with appropriate salaries to be set by the township board of auditors in accordance with the Second Class Township Code as follows: Linda Buler: Director of Administration, Parks & Recreation Gary Cuppels: Director of Engineering and Highway Maintenance Craig Breneiser: Director of Public Safety and Human Resources Michelle Kircher: Director of Code Enforcement and Water Lachlan MacBean: Director of Waste Water Treatment b. The motion was approved by a 5 to 0 vote with Linda Buler participating. 11. On January 20, 1997, the board unanimously approved a motion by Cuppels and seconded by Breneiser to adopt the Director of (Department /Service) job description, with Linda Buler participating in the vote which included the following: General Definition: A director is assigned to provide liaison and coordination between a limited scope of Township agencies, services, departments and personnel and the Board of Supervisors. Assistance is provided in planning, implementing and maintaining the operations that fall within the assigned limits of the directorship. A director will work both independently and in concert with managers and personnel to accomplish the responsibilities within his scope of authority. Supervision Received: A director is responsible solely to the Board of Supervisors. Essential Duties: • Plan, organize and direct activities in one (and occasionally more) of the following areas of Township operations. Buler, 00- 008 -C2 Page 4 Administration, Parks & Recreation Codes Enforcement & Water Engineering & Highway Maintenance Public Safety & Human Services Waste Water Treatment • Serve as advisor and liaison between the Board of Supervisors and the assigned areas of operation. • Assist with the financial management and planning for departments and programs within the assigned areas of operation. • Meet with appropriate personnel, agencies, groups, etc. and work independently to develop and maintain programs intended for the benefit of the Township and its residents. • Perform other job-related duties as required or assigned within the assigned area of operation. Experience: The Board of Supervisors will consider a combination of education, training, experience and interest in the assignment of areas of operation to a director. Knowledge: • Understanding of the Second Class Township Code with respect to its effect and impact on the area of assigned operations. • Familiarity with applicable federal, state and local. laws, regulations and policies with respect to their effect and impact on the area of assigned operations. • Knowledge of sound management practices and understanding of Township policies and programs. Abilities: • Ability to communicate with a diverse group of people. • Ability to speak, read and write English clearly and understandably. • Ability to work independently in the development of assigned tasks. • Able to perform efficiently under pressure. • Excellent oral and written communication skills. • Available for service /consultation on an irregular, but continuous, basis. 12. During the board of supervisors' reorganization meeting of January 5, 1998, members of the board of supervisors were reappointed to the various director positions. a. DIRECTOR OF ADMINISTRATION and PARKS /RECREATION MOTION by Mr. Breneiser, seconded by Mr. Cuppels to appoint Linda K. Buler as Director of Administration and Parks & Recreation for Exeter Buler, 00- 008 -C2 Page 5 Township for the year 1998. Motion carried with Mrs. Buler, Mr. Breneiser, Mrs. Kircher and Mr. Cuppels voting in favor. b. DIRECTOR OF HUMAN RESOURCES and EMERGENCY SERVICES MOTION by Mr. Cuppels, seconded by Mrs. Kircher to appoint Craig S. Breneiser as Director of Human Resources and Emergency Services for Exeter Township for the year 1998. Motion carried with Mrs. Buler, Mr. Breneiser, Mrs. Kircher and Mr. Cuppels voting in favor. c. DIRECTOR OF ENGINEERING and HIGHWAYS MOTION by Mr. Breneiser, seconded by Mrs. Kircher to appoint Gary T. Cuppels as Director of Engineering and Highways for Exeter Township for the year 1998. Motion carried with Mrs. Buler, Mr. Breneiser, Mrs. Kircher and Mr. Cuppels voting in favor. d. DIRECTOR OF WASTEWATER TREATMENT MOTION by Mr. Breneiser, seconded by Mr. Cuppels to appoint Lachlan MacBean as Director of Wastewater Treatment for Exeter Township for the year 1998. Motion carried with Mrs. Buler, Mr. Breneiser, Mrs. Kircher and Mr. Cuppels voting in favor. e. DIRECTOR OF CODE ENFORCEMENT AND WATER QUALITY MOTION by Mr. Breneiser, seconded by Mr. Cuppels to appoint Michelle Kircher as Director of Code Enforcement and Water Quality for Exeter Township for the year 1998. Motion carried with Mrs. Buler, Mr. Breneiser, Mrs. Kircher and Mr. Cuppels voting in favor. 13. In March 1998 the duties of department directors were increased to include executing contracts pertaining to their respective departments. a. A motion expanding the duties was approved at the March 23, 1998, board meeting upon a motion by Breneiser and a second by Cuppels. b. Buler was present and participated in the vote. 14. Members of the board of supervisors were reappointed to various director positions during the January 4, 1999, reorganization meeting as follows: DIRECTOR OF ADMINISTRATION and PARKS /RECREATION MOTION by Mr. Cuppels, seconded by Mrs. Kircher to appoint Linda K. Buler as Director of Administration and Parks & Recreation for Exeter Township for the year 1999. Motion carried with Ms. Buler, Mr. Breneiser, Mrs. Kircher and Mr. Cuppels voting in favor. DIRECTOR OF HUMAN RESOURCES AND EMERGENCY SERVICES MOTION by Mr. Cuppels, seconded by Mrs. Kircher to appoint Craig S. Breneiser as Director of Human Resources and Emergency Services for Exeter Township for the year 1999. Motion carried with Ms. Buler, Mr. Breneiser, Mrs. Kircher and Mr. Cuppels voting in favor. DIRECTOR OF ENGINEERING AND HIGHWAYS MOTION by Mr. Breneiser, seconded by Mrs. Kircher to appoint Gary T. Cuppels as Director of Engineering and Highways for Exeter Township for the year 1999. Motion carried with Ms. Buler, Mr. Breneiser, Mrs. Kircher and Mr. Cuppels voting in favor. DIRECTOR OF WASTEWATER TREATEMENT Buler, 00- 008 -C2 Page 6 MOTION by Mr. Cuppels, seconded by Mrs. Kircher to appoint Lachlan MacBean as Director of Wastewater Treatment for Exeter Township for the year 1999. Motion carried with Ms. Buler, Mr. Breneiser, Mrs. Kircher and Mr. Cuppels voting in favor. DIRECTOR OF CODE ENFORCEMENT AND WATER QUALITY MOTION by Mr. Breneiser, seconded by Mr. Cuppels to appoint Michelle P. Kircher as Director of Code Enforcement and Water Quality for Exeter Township for the year 1999. Motion carried with Ms. Buler, Mr. Breneiser, Mrs. Kircher and Mr. Cuppels voting in favor. 15. Supervisor Craig Breneiser resigned effective immediately from the board during the November 15, 1999, supervisors meeting. a. The board appointed Deborah Fatora, Breneiser's opponent in the November 1999 general election, to replace him. 16. Prior to January 4, 2000, Solicitor John Hoffert never advised board members that it would be a conflict of interest to vote for their appointment to director positions. a. Hoffert was not asked to give a legal opinion regarding the Ethics Act prior to initial appointments to the director positions on January 10, 1997. b. Hoffert was consulted about the propriety of the director positions prior to the approval. 1. Hoffert's advice to the board of supervisors was permissible pursuant to provisions of the Second Class Township Code. 17. The appointments of township supervisors to the director positions was again discussed by the board of supervisors during the January 4, 2000, reorganization meeting. a. Cuppels' motion, seconded by Kircher to retain Linda K. Buler as Director of Administration and Parks & Recreation, Gary T. Cuppels as Director of Engineering & Highways, Michelle P. Kircher as Director of Code Enforcement and Water Quality, Lachlan MacBean as Director of Wastewater Treatment and Police and to appoint Deborah D. Fatora as Director of Community Relations and Fire /Ambulance Services for Exeter Township for the year 2000 was carried with Buler, Kircher, Cuppels and Fatora voting in favor. MacBean was absent from the meeting. 18. The township board of auditors annually approved compensation for members of the Exeter Township Board of Supervisors employed by the township. a. Prior to 1997 board members were employed as laborers. b. The auditors approved compensation for members of the board of supervisors working part -time, as laborers for emergencies only. c. The board of auditors also set a salary for supervisor Michelle Kircher serving as landfill inspector. 19. On January 14, 1997, the board of supervisors directed a letter to the township auditors requesting compensation be set for supervisors employed in the various director positions. a. The supervisors suggested compensation at $20 /hour, not to exceed Buler, 00- 008 -C2 Page 7 $600.00 /month. 20. The township board of auditors took action approving compensation for supervisors working as Directors of Departments as follows: a. January 17, 1997: $20.00 /hour, cap of $400.00 /month, with the stipulation that auditors meet in six months to review the cap. b. June 25, 1997: $20.00 /hour, cap of $400.00 /month with the exception of a supervisor being called for special projects (labor negotiations, court preparation, etc.) for which the cap may be exceeded by an additional sum not to exceed $200.00 /month. c. January 6, 1998: d. January 15, 1999: $20.00 /hour, cap of $400.00 /month $20.00 /hour, cap of $400.00 /month 21. Following her appointment as Director of Administration, Parks & Recreation, Linda Buler began submitting time sheets on a bi- monthly basis documenting hours worked as department head. a. These time sheets completed between January 1, 1997, and December 31, 1999, were used to determine compensation paid to Buler. b. The time sheets were not approved by any other member of the board. c. Time sheets were submitted by Buler every two weeks. 22. Payments were issued by Exeter Township to Linda Buler based on time sheets she submitted. a. On average, two paychecks were issued each month. 23. Between January 1997 and January 2000 payments were issued to Linda Buler for director duties totaling $11,042.86. a. 1997 $3,656.31 b. 1998: $3,518.69 c. 1999: $3,867.86 24. Linda Buler, in her capacity as an Exeter Township Supervisor, was one of two signatures on twenty -eight (28) checks issued to her for services performed as Director of Administration, Parks & Recreation. Date Check No. Amount 02/13/97 2703 $129.29 03/06/97 27198 $155.03 03/20/97 27293 $140.32 04/03/97 27400 $147.68 04/10/97 27512 $ 96.20 04/24/97 27618 $147.69 05/22/97 27838 $132.98 06/05/97 27956 $147.69 Buler, 00- 008 -C2 Page 8 07/17/97 28317 $199.17 08/14/97 28861 $191.82 08/28/97 28676 $147.69 09/25/97 28894 $147.69 11/20/97 29335 $145.04 12/04/97 29452 $137.69 12/18/97 29547 $152.04 12/31/97 29679 $115.62 b. 1998 Date Check No. Amount 01/15/98 29788 $137.69 02/12/98 30009 $108.27 02/26/98 30111 $122.98 03/12/98 30223 $137.69 04/30/98 30592 $174.46 05/07/98 30642 $152.40 07/02/98 31080 $174.46 08/13/98 31468 $159.75 c. 1999 Date Check No. Amount 06/17/99 33889 $167.11 07/01/99 34016 $152.40 07/01/99 34017 $122.98 01/06/00 35660 $299.50 25. Between January 1997 and January 2000, payments made by Exeter Township to Linda Buler totaled $11,042.86. 1. Since January 2000 Linda Buler has not been compensated by Exeter Township for serving as Director of Administration, Parks & Recreation. 26. Buler claimed hours for compensation on time sheets in excess of the maximum number of hours approved for compensation by the auditors. a. The auditors approved a maximum of twenty (20) hours each month. b. Time sheets submitted and signed by Buler would disclose hours worked which would overlap from month to month. 1. Time sheets would not reflect hours exclusively for one month. c. Beginning in 1999 Exeter Township payroll clerks began disapproving hours in excess of twenty (20) per month submitted by Buler. 27. Buler submitted and was compensated for hours in excess of the twenty (20) per month approved by the auditors as follows: a. 1997: June - 3.0 hours July - 5.5 hours Buler, 00- 008 -C2 Page 9 b. 1998: c. 1999: August - 1.5 hours September - 3.5 hours October - 4.5 hours Total Hours 18.0 January - 3.0 hours April - 7.0 hours June - 4.5 hours July - 2.0 hours Total Hours 16.5 January - 6.5 hours May - 0.5 hours August - 2.0 hours October - 1.5 hours Total Hours 10.5 Total Hours 1997 — 1999: 45 hours 28. Linda Buler received overpayments from Exeter Township totaling $900.00 (45 hours x $20 /hr) for compensation as a director which were not approved by the township auditors. 29. In the year 2000, the Exeter Township Board of Auditors voted not to approve compensation for supervisors serving as Director of Departments. a. Auditors Dennis Ehman and Dona Starr took office in January 2000 and questioned whether supervisors should be compensated for serving as directors /department heads. b. During the January 5, 2000, auditors meeting, auditors cited a reason for not setting the compensation as the duties of supervisors encompassed the job description for directors. 1. The auditors would not approve compensation to perform duties the supervisors were elected to do. 2. Auditor Dona Starr also voted against approval of compensation because of supervisors voting for themselves for the position of director. 3. Starr also cited prior Ethics Commission rulings (Order Nos. 1006 and 1007) as precedent. c. The motion to approve no compensation was approved by a 2 to 0 vote with one auditor abstaining. 30. On January 10, 2000, upon learning of the auditors' action, the board of supervisors authorized the solicitor to institute appropriate legal action to require the auditors to Buler, 00- 008 -C2 Page 10 approve compensation for the supervisors employed by the township and acting as department directors. a. The action was approved by a 3 to 1 vote with one abstention upon a motion by Cuppels, second by MacBean. Cuppels, MacBean and Buler voted in favor of the motion. Kircher abstained and Fatora opposed. 31. On February 14, 2000, Exeter Township Solicitor John Hoffert, Jr., filed a Mandamus Action against the township auditors in the Berks County Court of Common Pleas at Docket No. 00 -1610 for failing to set salaries of supervisors serving as department heads. a. The action filed by Hoffert, on behalf of Exeter Township Supervisors Gary Cuppels, Linda Buler and Lachlan MacBean sought the following: 1. Judgment against the auditors directing them to determine the compensation for the current year for the supervisors employed by the township as directed under the Second Class Township Code. 2. Award reasonable attorney fees, costs and expenses. 32. The mandamus action was filed against township auditors Dona Starr, Dennis Ehman and Craig Breneiser. a. Breneiser was appointed township auditor by the board of supervisors on January 10, 2000. 33. Township Solicitor John Hoffert has not billed nor received legal fees above his approved annual retainer for his representation of Cuppels, Buler and MacBean in relation to the filing of the Mandamus Action, correspondence with the auditors, legal research or attendance at auditor meetings related thereto. a. No individual legal bills were issued to Cuppels, Buler or MacBean for this representation. 34. Adam Krafczek, Esquire, entered his appearance in the mandamus action on behalf of Cuppels, MacBean and Buler before the Berks County Court of Common Pleas on or about March 27, 2000, replacing Solicitor Hoffert. III. DISCUSSION: At all times relevant to this matter, the Respondent, Linda Buler, hereinafter Buler, 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 Buler violated Section 3(a)/1103(a) of the Ethics Act when she participated in actions of the Board of Supervisors to create a compensated Township position for herself; when she voted to approve payments to herself; when she received compensation for hours worked in excess of the maximum number of hours approved by the auditors; and when she utilized the Township Solicitor to represent the Board of Supervisors in a lawsuit against the Township Auditors for failing to set the compensation of Supervisors working as Department Directors. Section 3/1103. Restricted activities Buler, 00- 008 -C2 Page 11 (a) Conflict of interest. — No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 P.S. §403(a)/65 Pa.C.S. §1103(a). The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows: Section 2/1102. 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. "Conflict" or "conflict of interest" 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 P.S. §402/65 Pa.C.S. §1102. Section 3(a)/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. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are reproduced above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Buler has served as a member of the Board of Supervisors of Exeter Township since January 1986. The Board consists of five Supervisors. In 1996 and 1997, Buler and the other Board members discussed the possibility of Supervisors serving as Department Directors. At the January 13, 1997 regular meeting, the Board appointed Buler as Director of Administration, Parks & Recreation. Buler participated in the vote to approve her appointment. The Board reappointed Buler to the position of Director of Administration, Parks & Recreation in 1998, 1999 and 2000. Each year, Buler participated in the vote to approve her appointment /reappointment. For the years 1997, 1998 and 1999, the Township Auditors set the compensation of Supervisors working as Department Directors at $20 /hour with a cap of $400 /month based upon a maximum of 20 hours /week. In addition, the Auditors established an additional cap of $200 in June of 1997 for any special projects that a Supervisor would be required to undertake. In 1997, 1998 and 1999, Buler submitted timesheets to the Township documenting the hours she worked as a Department Director. The timesheets submitted by Buler Buler, 00- 008 -C2 Page 12 included hours exceeding the 20 hour maximum set by the Auditors. During 1997 through 1999, Buler received $900 for a total of 45 hours excess hours. Between January 1997 and January 2000, the Township issued payments to Buler for duties performed as a Department Director totaling $11,042.96. Buler, in her capacity as Township Supervisor, co- signed 28 checks issued to her for services as Director of Administration, Parks & Recreation. As of January 2000, Buler ceased receiving compensation as a Department Director after the Township Auditors voted to disapprove compensation for Supervisors working as Department Directors. On January 10, 2000, Buler and two other Board members voted to authorize the Township Solicitor to institute legal action against the Auditors to require them to approve compensation for working Supervisors serving as Department Directors. On February 14, 2000, the Township Solicitor filed a mandamus action against the Township Auditors demanding that they set the salaries of Supervisors serving as Department Directors. Buler was one of the Supervisors named as a plaintiff in the action. The Township Solicitor has not received any legal fees above his approved annual retainer in connection with the mandamus action filed against the Auditors. Further, neither Buler nor the other Supervisors who were named as Plaintiffs has received any legal bills from the Township Solicitor. In March 2000, another attorney entered his appearance in the mandamus action, replacing the Township Solicitor. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations. The Consent Agreement proposes that this Commission find: 1) an unintentional violation of Section 3(a) of the Ethics Act in relation to the allegation that Buler participated in discussions and votes of the Board resulting in her appointment to the compensated position of Director of Administration, Parks & Recreation, and co- signed checks authorizing payments to herself; 2) an unintentional violation of Section 3(a) of the Ethics Act in relation to the allegation that Buler received compensation in excess of the monthly maximum amounts approved by the Township Auditors for Supervisors acting as Department Directors; 3) no violation of Section 3(a) of the Ethics Act in relation to the allegation that Buler utilized the legal services of the Township Solicitor without cost in a lawsuit against the Township Auditors, in which she was a party; and 4) a payment of $1,000 within 30 days of the issuance of this Order through this Commission to Exeter Township. As to Section 3(a)/1103(a) of the Ethics Act, Buler participated in discussions and actions of the Board regarding Supervisors serving as Department Directors which resulted in her appointment to the compensated position of Director of Administration, Parks & Recreation. Buler also voted to appoint /reappoint herself to the position of Director of Administration, Parks & Recreation in 1997, 1998, 1999, and 2000. Further, Buler submitted timesheets that included hours worked in excess of the 20 hours /month maximum established by the Township Auditors, and received compensation for such services. Finally, Buler co- signed checks issued to herself for her services as Department Director. Such actions of Buler were uses of authority of office. See, Juliante, Order 809. The uses of authority of office by Buler resulted in a private pecuniary benefit to herself. Accordingly, Buler unintentionally violated Section 3(a)/1103(a) of the Ethics Act when she participated in discussions and actions of the Board regarding Supervisors serving as Department Directors which resulted in her appointment to the compensated position of Director of Administration, Parks & Recreation; submitted timesheets that included hours worked in excess of the 20 hours /month maximum established by the Township Auditors for which she received compensation; and co- signed checks issued to herself for her services as Department Director. Due to insufficient evidence, we find that Buler did not Buler, 00- 008 -C2 Page 13 violate Section 3(a)/1103(a) of the Ethics Act with regard to the allegation that she used the legal services of the Township Solicitor to represent her as a plaintiff in a lawsuit against the Township Auditors. As to the Stipulation of Findings and Consent Agreement, we believe that the Consent Agreement is the proper disposition of this case based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, Buler is directed to make a payment of $1,000 within 30 days of the issuance of this Order through this Commission to Exeter Township. 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. IV. CONCLUSIONS OF LAW: 1. Buler, as a Supervisor of Exeter Township, is a public official subject to the provisions of Act 9 of 1989/Act 93 of 1998. 2. Buler unintentionally violated Section 3(a)/1103(a) of the Ethics Act when she participated in discussions and actions of the Board regarding Supervisors serving as Department Directors, which resulted in her appointment to the compensated position of Director of Administration, Parks & Recreation; and when she co- signed checks issued to herself for her services as Department Director. 3. Buler unintentionally violated Section 3(a)/1103(a) of the Ethics Act when she submitted timesheets for services as Department Director that included hours worked in excess of the 20 hours /month maximum established by the Township Auditors, and received compensation for such services. 4. Buler did not violate Section 3(a)/1103(a) of the Ethics Act when she used the legal services of the Township Solicitor to represent her as a plaintiff in a lawsuit against the Township Auditors, due to insufficient evidence. In Re: Linda Buler ORDER NO. 1180 File Docket: 00- 008 -C2 Date Decided: 2/26/01 Date Mailed: 3/12/01 1 Buler, as a Supervisor of Exeter Township, unintentionally violated Section 3(a)/1103(a) of the Ethics Act when she participated in discussions and actions of the Board regarding Supervisors serving as Department Directors, which resulted in her appointment to the compensated position of Director of Administration, Parks & Recreation; and when she co- signed checks issued to herself for her services as Department Director. 2. Buler unintentionally violated Section 3(a)/1103(a) of the Ethics Act when she submitted timesheets for services as Department Director that included hours worked in excess of the 20 hours /month maximum established by the Township Auditors, and received compensation for such services. 3. Buler did not violate Section 3(a)/1103(a) of the Ethics Act when she used the legal services of the Township Solicitor to represent her as a plaintiff in a lawsuit against the Township Auditors, due to insufficient evidence. 4. As per the Consent Agreement, Buler is directed to make payment of $1,000 within 30 days of the date of issuance of this Order through this Commission to Exeter Township. a. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, DANEEN E. REESE, CHAIR