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HomeMy WebLinkAbout1196 BookIn Re: Gary Book 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- 023 -C2 Order No.1196 5/15/01 5/30/01 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 deemed 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 Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. §1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending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 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. Book, 00- 023 -C2 Page 2 I. ALLEGATION: That Gary Book, a public official in his capacity as a Muddy Creek Township Supervisor, violated Section 3(a) of the State Ethics Act (Act 9 of 1989, 65 P.S. §401 et seq.) when he used the authority of his office for a private pecuniary benefit by submitting hours for additional compensation for duties that were related to his elected position as township supervisor; when he participated in actions of council approving payments to himself; and when he participated in discussions and actions of the board of supervisors approving purchases from and authorizing payments to Kerns Auto Parts, a business which employs his wife. II. FINDINGS: 1. Gary Book served as a Muddy Creek Township Supervisor from January 1994 until resigning effective October 8, 1997. a. Book served as roadmaster in 1996 and road foreman in 1997 until resigning. b. Book's resignation was accepted at the 10/8/97 meeting of the board of supervisors. 2. Muddy Creek Township Reorganization meeting minutes confirm that Book was appointed as Roadmaster in 1996. a. Book participated in Board action to appoint himself Roadmaster. 3. During the Reorganization Meeting of January 6, 1997, Book was appointed Road Foreman. a. A salary of $9.50 /hour was recommended by the board for this position. b. Book participated in Board action to appoint himself Road Foreman. c. As Road Foreman, Book supervised one road employee. d. Supervisor Steve Kern served as Roadmaster in 1997. 1. Kern rarely performed physical road work. 4. The Muddy Creek Township Auditors annually set compensation for the position of Roadmaster, and for any member of the Board of Supervisors working for the township. a. January 1996: Roadmaster wage - $9.50 /hour Supervisor /employee wage - $8.50 /hour b. January 1997: Roadmaster wage - $10.00 /hour Road Foreman - $9.50 /hour (as recommended by the board of supervisors) Supervisor /employee wage - $8.50 /hour 5. The Muddy Creek Township Auditors approved compensation for Supervisors performing road related or physical work for the township. Duties considered approved for compensation included driving [a] truck or operating equipment, Book, 00- 023 -C2 Page 3 plowing snow, helping on the roads including flagging, and [maintaining] equipment [and] the township shed. 6. The Muddy Creek Township Auditors did not approve compensation for Supervisors attending outside meetings, working on township ordinances or land appraisals, or vacating township roads. 7 Book was the only supervisor employed full -time by the township in 1996 and 1997. [Book] handled the day -to -day operation of the township. a. Book prepared the Roadmaster Report of hours and duties performed by the road crew. 1. This included hours submitted by Book [that he] worked as township roadmaster. b. Book submitted the Roadmaster Report to the Secretary /Treasurer for approval by the Board of Supervisors at the next monthly meeting. c. Book also completed the PennDOT Weekly, Bi- Weekly, and Semi - Monthly Payroll Reports, which the Secretary /Treasurer utilized as a basis for the payroll. 8. Each month at the regular meeting of the Muddy Creek Township Board of Supervisors meetings, the Roadmaster Report was read into the minutes, voted on, and approved. a. Between 1/96 and 10/97, there are no abstentions noted for Book; however, Book advised Chairman Saunders that he would not be voting on the roadmaster report. b. Book only participated in making or seconding the motion to approve the Roadmaster Report when one of the other Supervisors was absent. c. The roadmaster report included Book's reported hours worked as roadmaster. 9. As Roadmaster /Road foreman, Book received compensation as roadmaster for performing duties that related to his position as a Supervisor. a. These duties were recorded by Book in the Roadmaster Report, [which was] submitted to the board of supervisors for approval, and on timesheets completed by Book. 10. Book was compensated as a Roadmaster /Road Foreman for attending meetings which related to his position as a Supervisor. 11. Book had meetings with the township Solicitor, James Taylor, and mining company officials in regard to a road bond agreement between the township and the Ben -Hal Mining Company on September 3, 1996, and September 11, 1996. 12. Book's roadmaster reports and time sheets confirm these meetings as follows: 09/03/96 Signs, brush, met with Solicitor on bond for Ben -Hal 9.5 hours Mining Company 09/11/96 Picked up paperwork at Solicitors, met with Ben -Hal 8.0 hours Book, 00- 023 -C2 Page 4 Mining Company; worked on Bloomfield School Road 13. Invoices from township Solicitor James Taylor to the township confirm the meeting on 9/3/96 as reflected on Book's time sheet, in relation to the road bond agreement with the Ben -Hal Mining Company. a. Meeting with client, on 9/3/96 preparation of heavy hauling agreement, .5 hours. 14. Book's timesheet reflected that on April 5, 1996, he worked 7.0 hours on the land appraisal on the Guillard property. a. Book participated in an appraisal of the Guillard property, which the supervisors were intending to purchase for the purpose of building a facility large enough to meet all of the township's needs. b. The Board had agreed to have the property appraised at the March 13, 1996 meeting. 15. Book submitted the following hours on timesheets and was paid for these administrative duties: 03/01/96 Paperwork 6.0 03/11/96 Township business 6.0 03/12/96 Township business 5.0 04/09/96 Paperwork 8.0 09/05/96 Paperwork β€” rained most of the day 8.0 16. Book was compensated for 8.5 hours plus mileage for two trips to the Solicitor's office on 11/25/96. a. Neither of the other two Supervisors were compensated for time on 11/25/96. b. On 11/25/96 a 1/2 hour conference was held with the Solicitor regarding a land development plan submitted by Best Oil Company. 17. In 1997, Book claimed hours and was compensated on three dates for duties that related to his position as a Supervisor, as follows: 02/25/97 Visited Franklin Township officials 8.0 hours 02/26/97 Went to Courthouse β€” 25 miles 8.0 hours 03/03/97 Worked on proposed subdivision ordinance 8.0 hours and took it to Data Plan 18. Book claimed compensation on time sheets for the following hours and duties related to his position of township supervisor: a. 1996: # of Date Description of Work Hours Amount 03/01/96 Paperwork 6.0 57.00 03/11/96 Township business 6.0 57.00 03/12/96 Township business 5.0 47.50 04/05/96 Land appraisal on Guillard's property 7.0 66.50 04/09/96 Paperwork 8.0 76.00 09/03/96 Met with Solicitor on bond for Ben Hal Mining Inc. Travel Book, 00- 023 -C2 Page 5 # of Date Description of Work Hours Amount Company 1.5 $14.25 09/05/96 Paperwork - rained most of the day 8.0 76.00 09/11/96 Picked up paperwork at solicitor, met with Ben 8.0 76.00 Hal Mining Company; and worked on Bloomfield School Road 11/25/96 2 trips to (Solicitor) Taylor's office - 90 miles 8.5 80.75 1996 Total 67.0 $636.50 b. 1997: # of Date Description of Work Hours Amount 02/25/97 Visited Franklin Township officials 8.0 $76.00 02/26/97 Went to courthouse - 25 miles 8.0 76.00 03/03/97 Worked on proposed subdivision ordinance 8.0 76.00 and took it to Data Plan c. In 1996 and 1997 Book was compensated at the rate of $9.50 /hour. 19. Book was compensated as a Roadmaster for duties that related to his position as a Supervisor in the amount of $864.50, between January 1996 and October 5, 1997. 1996: $636.50 1997: 228.00 $864.50 20. Muddy Creek Township payroll checks issued to Book which included compensation for administrative duties and outside meetings as noted in Finding No. 25 [sic] are as follows: a. 1996: b. 1997: 1997 Total 24.0 $228.00 Check Check Work Date Date Number Amount 02/27/96 02/29/96 3192 $480.15 03/01/96 03/15/96 3207 731.89 03/11/96 ll 3207 " 03/12/96 ll 3207 " 03/15/96 03/29/96 3208 523.70 04/05/96 04/15/96 3225 649.68 04/09/96 ll 3225 " 04/10/96 ll 3225 " 09/03/96 09/16/96 3304 569.39 09/05/96 3304 09/11/96 ll 3304 " 11/25/96 11/29/96 3335 $673.50 Check Check Work Date Date Number Amount 02/25/97 02/28/97 3378 $558.98 02/26/97 3378 03/03/97 04/01/97 3393 $620.58 Book, 00- 023 -C2 Page 6 21. Payroll checks required the signature of the Board Chairman and Secretary /Treasurer. a. In the absence of the Chairman, either of the other two Supervisors could sign the payroll checks. b. Book did not sign any of the payroll checks issued to him in 1996 and 1997. 22. Muddy Creek Township payroll was paid twice a month, on the 15 and the 30 (or a. Payroll was retroactively approved at the meeting following the month that the work was completed. 23. Book voted to approve bill lists, including payroll and payments to himself on the following dates: 1996: 02/14/96 03/15/96 04/15/96 10/09/96 12/11/96 1997: 03/08/97 04/09/97 The following findings relate to the allegation that Gary Book authorized and participated in making purchases from Kern Auto Parts, a business which employs his wife. 24. Muddy Creek Township regularly makes purchases of auto parts and supplies necessary to maintain the township vehicles. 25. Muddy Creek Township does not utilizes [sic] a purchasing policy in regard to purchases made for auto parts. a. Supervisors, Roadmasters and road employees are permitted to make and sign for purchases. 1. Road employees are authorized to make incidental purchases. b. Although no dollar limit has been established, generally large purchases are not made without the approval of the Supervisor /Roadmaster or Road Foreman. 26. Muddy Creek Township has utilized Kern Auto Parts to purchase auto parts and supplies since at least 1980. a. The majority of purchases are from the Kern Auto Parts located in Portersville, PA. 1. Kerns [sic] Auto Parts also has a store located on Rte. 422, Butler, PA. b. The Portersville Kern Auto Parts store is located 4.0 miles from the township maintenance building. Book, 00- 023 -C2 Page 7 c. Other auto parts stores are at least 10.0 miles or more from the township maintenance building. d. Other auto parts and supply businesses were used when Kern Auto Parts did not have or was unable to supply the item needed. e. Muddy Creek Township has maintained a charge account with Kerns [sic] Auto parts since at least 1986. 27. Judy Book, wife of Gary Book, has been employed at Kern Auto Parts as a general secretary since at least 1990. a. Kern Auto Parts is owned and operated by Robert and Gerald Kern, brothers of Judy Book. b. Judy Book is not an owner, officer or director of Kern Auto Parts, Inc. 28. Book approved purchases from Kern Auto Parts, Inc. a business at which his wife is employed, between January 1996 and October 5, 1997. 29. Purchases of auto parts and supplies from Kern Auto Parts totaled $2,188.59 in 1996 and 1997. 1996: $1,299.04 1997: 889.55 30. Kern Auto Parts provides a 2% discount to regular charge customers if the bill is paid by the 10 of the following month. a. Muddy Creek Township is eligible for the 2% discount. b. Muddy Creek Township Board of Supervisors monthly meetings are not always held by the 10 of the month. c. Kern Auto Parts always grants Muddy Creek Township the 2% discount even when the township meeting date is after the 1 of the month. d. Kern Auto Parts will provide that opportunity to any of the other townships it deals with, if requested, on a month -by -month basis. 31. In 1996 and 1997, Muddy Creek Township employed two persons on the road crew, including the Roadmaster. a. Although Steve Kern was the appointed Roadmaster in 1997, he did not actively work on the roads. b. Book, as Road Foreman in 1997, performed the day to day duties in relation to the road department. 32. Book regularly approved and signed for purchases from Kern Auto Parts between January 1996 and October 5, 1997. a. Book authorized the majority of purchases in 1996. b. Book generally made it a practice to obtain phone quotes for prices on items of approximately $100.00 or more. c. The township also purchased items from a local hardware store that could Book, 00- 023 -C2 Page 8 have been obtained from Kern Auto Parts, in order to support local businesses. 33. Book signed invoices for 28 of 33 purchases from Kern Auto Parts between January 1996 and September 1997 as follows: Invoice No. 1996 124519 124727 124972 125171 125359 125547 125934 125935 129168 129528 130047 132241 135344 135352 135865 139809 142519 142776 144522 144468 144268 144241 144851 1997 148726 152171 153087 153416 153622 155504 157096 1996 02/14/96 312 03/13/96 321 05/08/96 326 06/12/96 331 08/14/96 3819 10/09/96 3845 12/11/96 3885 12/31/96 3899 Invoice Amount 34.68 4.00 66.92 24.21 77.29 101.85 51.98 1.99 154.01 14.51 15.98 51.31 23.49 12.13 67.18 4.15 85.92 15.48 52.61 28.61 4.58 6.50 26.95 52.95 36.20 16.69 16.75 220.00 31.62 8.68 34. Book signed 12 of 13 checks issued to Kern Auto Parts during the period of 1/1996 - 9/1997 and voted to approve payment of the bills, which included payments to Kern Auto Parts at 12 of the 13 meetings held between 1/1996 and 10/5/97. Date Check No. Amount Total $1,209.04 Book Action 604.02 Voted 52.89 Voted 180.81 Voted /Made Motion 50.28 Voted 100.74 Voted 4.07 Second Motion/Voted 99.37 Made Motion/Voted $116.86 Second Motion/Voted Book, 00- 023 -C2 Page 9 Date Check No. Amount Book Action 1997 04/09/97 3963 06/11/97 3998 07/09/97 364 08/13/97 4022 09/10/97 4040 51.89 Made Motion/Voted 51.83 Second Motion/Voted 232.01 Second Motion/Voted 30.99 Second Motion/Voted $8.51 Absent $375.23 a. Purchases totaled $2,188.59 during this time period. 37. Kern Auto Parts profit margin on all sales, including those to Muddy Creek Township, was 35% in 1996, and 40% in 1997. 38. Kern Auto Parts profit on sales to Muddy Creek Township for the time period 1/96- 10/5/97, totaled $810.48. 1996 Sales: $1,299.04 x .35 = $454.66 1997 Sales: 889.55 x .40 = 355.82 39. Kern Auto Parts store was used by Muddy Creek Township for the purchase of auto supplies and parts for the following reasons: a. The location of the Portersville store was more convenient than any other auto parts store. b. Kern Auto Parts usually had the item the township needed in stock. c. Prices were competitive. d. If prices were slightly higher than other auto parts stores, the cost was offset in the savings of employee time and wear on township vehicles. 40. Gary Book realized a private pecuniary benefit when he submitted and was compensated as township roadmaster for duties related to his elected position of township supervisor. 1996: $636.50 1997: $228.00 35. Book cast the deciding vote to approve payment of the bills at the 4/9/97 meeting, due to the absence of one of the other Supervisors. a. The bills approved at the 4/9/97 meeting included check #3963 in the amount of $51.89 payable to Kern Auto Parts. 36. Purchases made from Kern Auto Parts by Muddy Creek Township during 1996 and 1997 totaled less than 1/2 of 1`)/0 of Kern Auto Parts Sales. Total $864.50 Total 41. Book's actions as supervisor in authorizing and approving payments to Kern Auto Parts resulted in a private pecuniary benefit totaling $810.48 to the business Book, 00- 023 -C2 Page 10 employing his wife. 42. Book stated that at no time did he willfully or intentionally act to violate the provisions of the State Ethics Act. 43. Book stated that he believed his actions at all times were reasonable, in good faith and permitted by the State Ethics Act. III. DISCUSSION: At all times relevant to this matter, the Respondent, Gary Book, hereinafter Book, 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 issues are whether Book violated the following provision of the Ethics Act when he submitted hours for duties that were related to his elected position as township supervisor; when he participated in actions of council approving payments to himself; and when he participated in discussions and actions of the board of supervisors approving purchases from and authorizing payments to Kern Auto Parts, a business which employs his wife. 65 P.S. § 403(a). Section 3. Restricted activities (a) Conflict of interest. β€” No public official or public employee shall engage in conduct that constitutes a conflict of interest. The term "conflict of interest" is defined under Act 9 of 1989 as follows: Section 2. 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. Section 3(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. Book, 00- 023 -C2 Page 11 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. Book served as a member of the Board of Supervisors of Muddy Creek Township from January 1994 until resigning on October 8, 1997. The Board consists of three members. Book also served as Roadmaster in 1996 and Road Foreman in 1997. In January 1996, the Township Auditors set the compensation of a working supervisor at $8.50 per hour and a roadmaster at $9.50 per hour. In January 1997, the Township Auditors reestablished the $8.50 per hour wage for working supervisors, but increased the roadmaster wage to $10.00. In addition, the Auditors established the compensation of a road foreman at $9.50 per hour. The Township Auditors approved compensation for a supervisor performing road related or physical work for the township. The Township Auditors did not approve compensation for a supervisor attending outside meetings, working on township ordinances, land appraisals, or vacating township roads. In 1996 and 1997, Book prepared the Roadmaster Report, which included hours he submitted to the township as Roadmaster. Each month, the Board read the Roadmaster Report into the minutes and approved the same. The Roadmaster Report reflects that in 1996, Book submitted hours for administrative work or work unrelated to his job as Roadmaster. Such work included doing paperwork, engaging in Township business, participating in a land appraisal, and traveling to and meeting with the Township Solicitor. Similarly, in 1997, Book submitted hours in his Roadmaster Report for administrative duties including visiting Township officials, traveling to the courthouse and working on the Township subdivision ordinance. In 1996 and 1997, Book voted to approve bill lists that included the Township payroll and payments to himself. As a result of Book's actions, he received $636.50 for 67 hours of administrative work at $9.50 per hour in 1996, and $228.00 for 24 hours of administrative work at $9.50 per hour in 1997. For 1996 and 1997, Book received a private pecuniary benefit in the total amount of $864.50 for work unrelated to his duties as Roadmaster. Book's duties as Roadmaster in 1996 and Road Foreman in 1997 included authorizing the majority of purchases of auto parts and supplies for the repair and maintenance of Township vehicles. Since at least 1980, auto parts and supplies were regularly purchased from Kern Auto Parts. Book's wife has been employed as a general secretary of Kern Auto Parts since at least 1990. Kern Auto Parts has two locations β€”one in Portersville, Pennsylvania, and one in Butler, Pennsylvania. Since the Portersville store is the closest auto parts store to the Township building, the majority of purchases by the Township were made at this location. However, the Township made purchases from other auto parts and supply stores when Kern Auto Parts did not carry the needed item. Book signed 28 of 33 invoices for purchases from Kern Auto Parts between January 1996 and September 1997 and voted to approve payments to Kern Auto Parts at 12 of the 13 Board meetings between January 1996 and October 1997. Book also signed 12 of 13 checks issued to Kern Auto Parts during those two years. Based upon a 35% profit margin on all sales in 1996 and a 40% profit margin on all sales in 1997, Kern Auto Parts made annual profits of $454.66 and $355.82 respectively. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. Book, 00- 023 -C2 Page 12 The parties' Consent Agreement sets forth a proposed resolution of the allegations. The Consent Agreement proposes that this Commission find an unintentional violation of Section 3(a) of the Ethics Act by Book when, between January 1996 and October 1997, he submitted timesheets to the Township and received compensation at an hourly rate for duties that were related to his position as Township Supervisor, and when he participated in actions of the Board approving bill lists that included payments to himself; a technical violation of 3(a) of the Ethics Act by Book when, between January 1996 and October 1997, he participated in actions of the Board approving bill lists that included payments to Kern Auto Parts, a business with which his wife is associated, and signed checks issued to that business; and a payment of $650.00 by Book within 30 days of the issuance of this Order to the Commonwealth of Pennsylvania through this Commission. As to Section 3(a) of the Ethics Act, we find that Book, as Township Supervisor, submitted hours for doing paperwork, engaging in Township business, participating in a land appraisal, traveling to and meeting with the Township Solicitor, visiting Township officials, traveling to the courthouse, and working on the Township subdivision ordinance. Such duties were unrelated to the duties associated with the position of Roadmaster or Road Foreman. We further find that in 1996 and 1997, Book voted to approve bill lists that included the Township payroll and payments to himself. Such actions of Book were uses of authority of office. See, Juliante, Order 809. The uses of authority of office by Book resulted in a private pecuniary benefit to himself in the amount of $636.50 for 67 hours of administrative work at $9.50 per hour in 1996, and $228.00 for 24 hours of administrative work at $9.50 per hour in 1997. Accordingly, we find that Book unintentionally violated Section 3(a) of the Ethics Act when, between January 1996 and October 1997, he submitted timesheets to the Township, which included hours that he worked performing duties that were related to his position as Township Supervisor, and when he participated in actions of the Board approving bill lists that included payments to himself. We also find that Book used the authority of his office as Roadmaster or Road Foreman when, between January 1996 and September 1997, he signed the majority of invoices for purchases from Kern Auto Parts, a business with which his wife, an employee, is associated, and voted to approve payments to Kern Auto Parts at Board meetings between January 1996 and October 1997. Book also co- signed all but one of the checks issued to Kern Auto Parts during those two years. The uses of authority of office by Book resulted in a private pecuniary benefit to Kern Auto Parts in the amount of $454.66 in 1996 and $355.82 in 1997. Accordingly, we find that Book technically violated Section 3(a) of the Ethics Act when, between January 1996 and September 1997, he signed invoices for purchases from Kern Auto Parts, a business with which his wife is associated, and co- signed checks and voted to approve payments to that business. We determine that the Consent Agreement submitted by the parties sets forth 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, Book is directed to make payment in the amount of $650.00 to the Commonwealth of Pennsylvania through this Commission within 30 days of the issuance of this order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. Book, as a Supervisor in Muddy Creek Township, is a public official subject to the provisions of Act 9 of 1989. 2. Book unintentionally violated Section 3(a) of the Ethics Act when, between January 1996 and October 1997, he submitted timesheets to the Township, which included hours that he worked performing duties that were related to his position as Book, 00- 023 -C2 Page 13 Township Supervisor, and when he participated in actions of the Board approving bill lists that included payments to himself. 3. Book technically violated Section 3(a) of the Ethics Act when, between January 1996 and September 1997, he signed invoices for purchases from Kern Auto Parts, a business with which his wife is associated, and co- signed checks and voted to approve payments to that business. In Re: Gary Book ORDER NO. 1196 File Docket: 00- 023 -C2 Date Decided: 5/15/01 Date Mailed: 5/30/01 1 Book, as a Supervisor of Muddy Creek Township, unintentionally violated Section 3(a) of the Ethics Act when, between January 1996 and October 1997, he submitted timesheets to the Township, which included hours that he worked performing duties that were related to his position as Township Supervisor, and when he participated in actions of the Board approving bill lists that included payments to himself. 2. Book technically violated Section 3(a) of the Ethics Act when, between January 1996 and September 1997, he signed invoices for purchases from Kern Auto Parts, a business with which his wife is associated, and co- signed checks and voted to approve payments to that business. 3 Per the Consent Agreement of the parties, Book is directed to make payment in the amount of $650.00 to the Commonwealth of Pennsylvania through this Commission within 30 days of the issuance of this order. a. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, DANEEN E. REESE, CHAIR