HomeMy WebLinkAbout1202 DovidioIn Re: Michael Dovidio
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- 021 -C2
Order No. 1202
6/4/01
6/8/01
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. Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an "Investigative Complaint." An Answer was not filed and a hearing was deemed waived.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter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.
Dovidio, 00- 021 -C2
Page 2
I. ALLEGATION:
That Michael Dovidio, a public official /public employee, in his capacity as a
supervisor for Tobyhanna Township, Monroe County, violated Section 3(a)/1103(a) of the
Ethics Act (Act 93 of 1998) when he used the authority of his office for a private pecuniary
benefit by making personal purchases utilizing the township's accounts; when he used
township equipment, facilities, and manpower to repair his personal vehicles; and when he
used township cellular telephones for his personal use.
II. FINDINGS:
1. The Investigative Division of the State Ethics Commission received a signed, sworn
complaint alleging that Michael Dovidio violated provisions of the State Ethics Act
(Act 93 of 1998).
2. Upon review of the complaint the Investigative Division initiated a preliminary
inquiry
on April 13, 2000.
3. The preliminary inquiry was completed within sixty days.
4. On June 5, 2000, a letter was forwarded to Michael Dovidio, by the Executive
Director of the State Ethics Commission informing him that a complaint against him
was received by the Investigative Division and that a full investigation was being
commenced.
a. Said letter was forwarded by certified mail, no. 7099 3400 0012 4638 4190.
b. The domestic return receipt bore the signature of Michael Dovidio, with a
delivery date of June 23, 2000.
5. On August 8, 2000, the Executive Director of the State Ethics Commission filed an
application for a ninety day extension of time to complete the Investigation.
6. The Commission issued an order on October 5, 2000, granting the ninety day
extension.
7. On February 5, 2001, the Executive Director of the State Ethics Commission filed
an application for a ninety day extension of time to complete the Investigation.
8. The Commission issued an order on February 26, 2001, granting the ninety day
extension.
9. Periodic notice letters were forwarded to Dovidio in accordance with the provisions
of the Ethics Law advising him of the general status of the investigation.
10. The Investigative Complaint was mailed to the Respondent on April 20, 2001.
11. Michael Dovidio served as a Tobyhanna Township Supervisor from January 2,
1996, until October 16, 2000.
a. Dovidio also was employed by the township as township roadmaster from
May 19, 1997, until March 23, 2000.
b. Dovidio abstained from his appointment.
Dovidio, 00- 021 -C2
Page 3
12. Michael Dovidio was terminated as township roadmaster during a special meeting
of the board of supervisors held on March 31, 2000.
a. Dovidio's conduct as roadmaster and ultimate dismissal had been discussed
in executive session of the board of supervisors on March 20, 2000; March
22, 2000; and March 30, 2000.
b. Dovidio's termination was by a 2 to 1 vote of the board.
1. Dovidio voted against his termination.
c. Dovidio's termination was made retroactive to March 23, 2000.
d. Dovidio's dismissal as roadmaster was based, in part, on his use of township
equipment, facilities and employees for personal use.
e. Dovidio continued to serve as a township supervisor until his resignation
effective October 16, 2000.
13. Dovidio's duties as roadmaster included overseeing the day to day operation of the
township's Public Works Department and its employees.
Dovidio supervised five (5) full -time employees in the Public Works
Department.
1. Part -time help was used on an as needed basis."
Dovidio was responsible for assigning daily work assignments to Public
Works Department employees.
Dovidio had control over the Public Works Department maintenance garage.
14. Tobyhanna Township did not have a formal policy regarding employees performing
maintenance repairs to personal vehicles using township facilities.
a. Employees of the township have been permitted to repair personal vehicles
in the Public Works garage so long as the repairs occurred during lunch
breaks or non - working hours and did not interfere with township operations.
1. Township employees are not charged for the use of the Public Works
garage.
a.
b.
c.
2. Employees are responsible for purchasing their own repair parts.
3. Employees are not permitted to purchase repair parts for personal
vehicles through township accounts to take advantage of municipal
discounts, including tax exemption.
15. Michael Dovidio used the Public Works Department garage and employees to
perform repairs to his 1986 Chevrolet truck.
a. Repairs to the truck included replacing a leaking gas tank and steel brake
line.
16. Around the beginning of March 2000 the gas tank in Dovidio's truck began leaking
fuel.
Dovidio, 00- 021 -C2
Page 4
a. Dovidio continued to drive the truck, parking it daily at the township building.
b. Dovidio's truck was leaking fuel in the parking lot at the township building.
17. On March 5, 2000, Dovidio pulled his truck into the garage to determine the source
of the fuel leak.
a. Township mechanic Steve Watkins inspected the underside of Dovidio's
truck and determined that the gas tank needed to be replaced.
b. Watkins' position as township mechanic falls under the control of the
roadmaster.
c. Dovidio was Watkins' immediate supervisor.
18. Watkins was on township time when he inspected Dovidio's truck for a fuel leak.
a. Watkins spent approximately one (1) hour inspecting the truck.
b. This inspection did not occur during a lunch period or on non - working hours.
c. Watkins was paid at a rate of $16.12 per hour from Tobyhanna Township at
this time.
19. On March 17, 2000, Dovidio ordered a model GM1 B gas tank from Sunshine Auto
Parts, Route 940, P.O. Box 422, Pocono Lake, PA 18347 -0422.
a. Sunshine Auto Parts is one of several auto parts retailers that Tobyhanna
Township Public Works Department utilizes to purchase auto parts.
20. Sunshine Auto Parts employee Joseph Frunzi handled the gas tank order.
a. Frunzi received the call from Tobyhanna Township and processed the order.
b. Frunzi entered the order reflecting a sale to Tobyhanna Township.
c. Frunzi was not informed that the tank was for a personal vehicle instead of a
township truck.
21. Sunshine Auto Parts invoice no. 181446 dated March 17, 2000, includes charges to
Tobyhanna Township in the amount of $101.67 for a model GM1 B gas tank.
a. List price on the gas tank is identified as $152.50.
b. Tobyhanna Township received the discounted price of $101.67.
c. The township's tax exempt status was used for this purchase.
d. This order was entered at 1:21 p.m. on March 17, 2000.
e. A hand written notation on the invoice states "GM tank delivered."
22. Tobyhanna Township Public Works Department vehicles do not include any
Chevrolet or GM trucks.
a. Public Works vehicles include Ford and Dodge name plates exclusively.
Dovidio, 00- 021 -C2
Page 5
23. The Tobyhanna Township Public Works Department does not have any vehicles
that a GM1 B fuel tank would fit as a factory replacement part.
24. Sunshine Auto Parts delivered the gas tank to the Public Works Department garage
between March 17, 2000, and March 21, 2000.
a. No delivery charges were incurred.
b. The gas tank was received by township mechanic Steve Watkins.
25. On March 21, 2000, Dovidio gave daily work assignments to all Public Works
Department employees with the exception of Watkins.
a. Watkins was under the impression that Dovidio expected him to change the
gas tank as his daily work assignment.
b. The replacement gas tank was on -site ready to be installed.
c. Dovidio made no attempt to change the gas tank himself.
d. The tank was on -site for upwards of a week prior to Watkins installing it on
Dovidio's vehicle.
e. Dovidio did not stop Watkins from pulling Dovidio's truck into the garage to
change the tank.
26. Watkins spent approximately two and one -half hours on March 21, 2000, replacing
Dovidio's gas tank.
a. Watkins was on township time when this occurred.
b. Dovidio returned to the Public Works garage while the repair was occurring
but made no attempt to stop Watkins from changing the tank on township
time.
c. Watkins was compensated at a rate of $16.12 per hour at this time.
d. Dovidio did not reimburse the township for the time Watkins spent working
on Dovidio's truck.
e. Watkins used several pieces of township owned rubber fuel line on the
installation.
1. The value of this material was nominal.
27. On March 22, 2000, Township Supervisors John Kerrick, Edward Rainsford and
Manager Kelly Cook meet with Dovidio to discuss the gas tank purchase and
installation incident.
a. Dovidio admitted Watkins installed the gas tank on township time.
b. Dovidio admitted charging the gas tank to the township account.
c. Dovidio offered to reimburse the township the invoiced price of the gas tank.
1. This amount was $50.83 less than the list price and did not include
Dovidio, 00- 021 -C2
Page 6
6% Pennsylvania state sales tax applicable to non tax exempt sales.
d. Supervisors Kerrick, Rainsford and Manager Cook refused to accept
Dovidio's attempted payment for the gas tank.
e. Dovidio did not offer to reimburse the township for Watkins time.
28. Sunshine Auto Parts invoice no. 181446 to Tobyhanna Township was voided at
Dovidio's request on March 22, 2000.
29. Sunshine Auto Parts then invoiced Dovidio for the gas tank on invoice number
181724.
a. Total charges included $101.67 for the gas tank and $6.10 state sales tax for
a total bill of $107.77.
30. Tobyhanna Township did not incur any costs from Sunshine Auto Parts as a result
of Dovidio's gas tank purchase.
31. Dovidio realized a private pecuniary benefit of $56.42 as the result of labor
performed by Steve Watkins detecting and repairing the fuel leak in Dovidio's truck,
while on township time.
a. Private pecuniary benefits based on 3.5 hours labor at $16.12 per hour.
32. Dovidio also directed that Watkins assist him replacing a steel brake line on this
same truck.
a. This repair occurred sometime between May 19, 1997, and March 21, 2000.
b. Watkins and Dovidio both were on township time when this repair occurred.
c. Watkins and Dovidio each spent approximately two (2) hours replacing the
brake line.
d. Watkins' lowest hourly wage during this period was $14.51 per hour.
e. Dovidio's lowest hourly wage during this period was $12.25 per hour.
f. Dovidio provided the necessary repair parts.
33. Dovidio did not reimburse Tobyhanna Township for the hours both he and Watkins
spent replacing a brake line in his truck on township time.
34. Dovidio realized a private pecuniary benefit of $53.52 as a result of labor performed
by himself and Steve Watkins replacing a brake line on township time.
a. Pecuniary gain based on two (2) hours labor for Steve Watkins at $14.51 per
hour ($29.02) plus two (2) hours labor for Dovidio at $12.25 per hour
($24.50).
35. Tobyhanna Township has cellular phone service available to township officials and
the Public Works Department.
a. Township Manager Kelly Cook, Sewage Enforcement Officer John Brogan
and Code Enforcement Officer Kate Wessel each had a township cellular
phone issued to them.
Dovidio, 00- 021 -C2
Page 7
b. All Public Works Department vehicles had cellular phones in them.
36. Dovidio had two (2) township cellular phones issued to him from November 1998
until April 2000.
a. One (1) was a portable phone, the other was in the road foreman's truck.
b. Dovidio was permitted to take the road foreman's truck home at night.
37. Tobyhanna Township has contracted cellular phone service with Cellular One since
at least 1998.
a. The township's Cellular One account was converted to AT &T Wireless
around August 1999 after AT &T Wireless took over Cellular One.
38. Dovidio was assigned cellular phone numbers (717) 620 -6793, account number
200 - 007 -2879 and (717) 688 -5344, account no. 200 - 183 -1525.
a. Cellular phone number (717) 620 -6793 was assigned to the phone installed
in the roadmaster's truck.
b. Cellular phone number (717) 688 -5344 was assigned to the portable phone
given to Dovidio.
c. Due to a change in area codes, 570 and 717 refer to phone numbers in the
same local calling area.
39. Tobyhanna Township did not have a written policy on the personal use of township
provided cellular phones.
a. The unwritten policy was that cellular phones were only to be used for
township business.
40. Between November 1998 and March 2000 Dovidio regularly made personal calls
from both cellular phones issued to him.
a. Between November 20, 1998, and March 27, 2000, Dovidio placed at least
291 personal calls from phone number (717) 688 -5344, account no. 200-
183 -1525.
b. Between December 15, 1998, and December 21, 1999, Dovidio placed at
least 156 personal calls from phone no. (717) 620 -6793, account no. 200-
007 -2879.
41. Dovidio placed at least 218 calls to his home phone (570) 646 -4748 between
November 20, 1998, and March 25, 2000.
a. Seventy (70) calls were placed from township cell phone number (570) 620-
6793 to his home.
b. One hundred forty -eight (148) calls were placed from township cell phone
number (570) 688 -5344 to his home.
42. Dovidio placed the following one hundred forty -eight (148) personal phone calls to
his home from township cell phone number (717) 688 -5344.
Dovidio, 00- 021 -C2
Page 8
Date Time Number Called Minutes
11/20/98 10:20 AM (570) 646 -4748
11/24/98 3:36 PM (570) 646 -4748
11/24/98 6:19 PM (570) 646 -4748
11/30/98 6:15 PM (570) 646 -4748
2.0
1.0
1.0
1.9
Toll Number I.D. Other Calling
Area
$0.54
$0.27
$0.27
$0.24
Dovidio's Home
Dovidio's Home
Dovidio's Home
Dovidio's Home
Dovidio, 00- 021 -C2
Page 9
Date Time
12/01/98
12/03/98
12/04/98
12/07/98
12/07/98
12/09/98
12/10/98
12/10/98
12/14/98
12/14/98
12/16/98
12/17/98
12/24/98
12/29/98
12/29/98
01/03/99
01/03/99
01/03/99
01/06/99
01/07/99
01/08/99
01/09/99
01/14/99
01/14/99
01/21/99
01/22/99
01/24/99
01/25/99
01/27/99
02/04/99
02/06/99
02/06/99
02/06/99
02/07/99
02/09/99
02/10/99
02/24/99
02/24/99
02/25/99
02/28/99
03/03/99
03/06/99
03/19/99
03/20/99
03/21/99
03/27/99
03/27/99
04/11/99
04/12/99
04/13/99
04/13/99
2:52 PM
4:26 PM
1:03 PM
1:49 PM
4:05 PM
3:08 PM
1:06 PM
3:47 PM
9:11 AM
10:11 PM
9:20 AM
9:56 AM
9:32 AM
11:56 AM
9:33 PM
10:24 AM
12:48 PM
4:22 PM
5:10 PM
11:20 AM
8:34 AM
11:21 AM
11:45 AM
8:41 PM
8:49 AM
12:45 PM
12:45 PM
9:03 AM
3:21 PM
1:17 PM
9:44 AM
10:05 AM
12:10 PM
1:57 PM
8:49 AM
3:39 PM
11:02 AM
11:50 AM
8:51 PM
5:58 PM
2:48 PM
10:57 PM
5:35 PM
8:22 PM
6:27 PM
10:43 AM
11:21 AM
9:05 PM
4:38 PM
3:31 PM
5:09 PM
Number Called Minutes Toll Number I.D.
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
1.2
1.9
5.0
3.0
2.4
1.0
1.7
1.0
4.3
3.5
1.0
1.0
2.0
4.0
1.3
1.0
3.7
1.0
1.0
1.8
1.1
1.0
1.0
2.0
2.0
4.0
1.0
2.0
3.6
3.1
2.5
1.5
1.7
1.0
1.0
2.3
2.0
4.0
1.5
1.6
1.0
1.0
2.2
4.0
1.0
1.0
1.0
6.0
$0.32
$0.51
$1.35
$0.81
$0.64
$0.27
$0.45
$0.27
$1.16
$0.52
$0.27
$0.15
$0.54
$1.08
$0.19
$0.15
$0.55
$0.15
$0.27
$0.48
$0.29
$0.15
$0.27
$0.30
$0.54
$1.08
$0.27
$0.54
$0.97
$0.83
$0.37
$0.22
$0.25
$0.15
$0.27
$0.62
$0.54
$1.08
$0.22
$0.24
$0.27
$0.15
$0.59
$1.08
$0.27
$0.27
$0.27
$7.44
10.0 $13.65
3.0 $4.10
4.0 $4.96
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Other Calling
Area
VanGuard Cell.
Hbg, PA
VanGuard Cell.
Hbg, PA
VanGuard Cell.
Hbg, PA
VanGuard Cell.
Dovidio, 00- 021 -C2
Page 10
Hbg, PA
Dovidio, 00- 021 -C2
Page 11
Date Time
04/13/99
05/11/99
05/13/99
05/19/99
05/19/99
05/22/99
05/24/99
05/24/99
05/25/99
05/29/99
05/29/99
06/02/99
06/02/99
06/03/99
06/05/99
06/07/99
06/07/99
06/09/99
06/10/99
06/12/99
06/13/99
06/13/99
06/13/99
06/13/99
06/14/99
06/17/99
06/17/99
06/18/99
06/19/99
07/15/99
07/18/99
07/22/99
08/24/99
08/24/99
09/03/99
09/07/99
09/07/99
09/14/99
09/16/99
09/16/99
09/16/99
08/29/99
09/23/99
09/28/99
10/02/99
10/02/99
10/05/99
10/14/99
10/14/99
10/14/99
10/14/99
10/15/99
5:37 PM
11:21 AM
8:21 PM
12:07 PM
12:34 PM
9:59 PM
10:13 AM
10:37 AM
5:52 PM
10:43 AM
2:45 PM
3:45 PM
5:23 PM
3:24 PM
11:04 AM
6:06 PM
6:50 PM
7:32 PM
8:00 PM
11:50 AM
8:17 AM
11:28 AM
11:38 AM
1:13 PM
9:40 PM
7:35 PM
8:04 PM
3:00 PM
12:18 PM
3:34 PM
11:40 AM
8:52 PM
8:03 PM
8:24 PM
10:37 AM
5:00 PM
5:47 PM
12:14 PM
5:44 PM
6:16 PM
6:31 PM
5:23 PM
4:12 PM
6:01 PM
3:05 PM
6:03 PM
11:19 AM
10:51 AM
11:11 AM
11:29 AM
8:18 PM
11:11 AM
Number Called Minutes Toll
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
6.0
4.0
1.0
8.3
1.0
1.0
3.0
3.0
2.0
1.0
1.8
1.0
1.0
1.0
2.0
1.1
1.0
1.0
1.0
1.0
5.5
1.0
1.0
1.0
1.6
1.3
2.2
2.8
1.7
1.2
1.8
1.7
2.0
1.0
2.0
1.0
1.1
1.9
1.0
1.3
1.5
2.0
1.0
1.0
6.7
1.1
1.0
1.0
1.3
1.0
1.1
1.0
Number I.D. Other Calling
Area
$7.44 Dovidio's Home VanGuard Cell.
Hbg, PA
$1.10
$0.15
$2.24
$0.27
$0.27
$0.81
$0.81
$0.54
$0.15
$0.27
$0.27
$0.27
$0.27
$0.30
$0.29
$0.27
$0.15
$0.15
$0.15
$0.82
$0.15
$0.15
$0.15
$0.24
$0.19
$0.33
$0.75
$0.25
$0.32
$0.27
$0.25
$0.54
$0.27
$0.54
$0.27
$0.29
$0.51
$0.27
$0.35
$0.40
$2.18
$0.27
$0.27
$1.81
$0.29
$0.27
$0.27
$0.35
$0.27
$0.16
$0.15
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home Comcast Cell.
Phila.
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Dovidio, 00- 021 -C2
Page 12
10/16/99 11:02 AM (570) 646 -4748 1.0 $0.15 Dovidio's Home
Dovidio, 00- 021 -C2
Page 13
Date Time
10/17/99 2:21 PM
10/30/99 6:22 PM
10/23/99 10:29 AM
10/28/99 9:54 AM
10/29/99 11:15 AM
10/29/99 3:56 PM
11/01/99 3:24 PM
11/03/99 2:28 PM
11/03/99 6:07 PM
11/04/99 9:53 AM
11/04/99 9:59 AM
11/04/99 5:46 PM
11/05/88 9:09 AM
11/06/99 5:50 PM
11/09/99 7:40 AM
11/09/99 5:57 PM
11/26/99 6:25 PM
12/14/99 7:21 PM
12/16/99 3:40 PM
12/18/99 9:11 PM
12/29/99 6:21 PM
12/29/99 6:21 PM
12/30/99 5:24 PM
12/31/99 11:00 PM
01/01/00 12:17 AM
01/01/00 12:25 AM
01/22/00 11:25 AM
01/25/00 11:14 AM
01/25/00 9:14 PM
01/31/00 8:05 AM
02/03/00 4:25 PM
02/15/00 8:17 AM
02/19/00 8:57 AM
02/25/00 9:39 PM
02/25/00 9:46 PM
02/25/00 9:48 PM
02/29/00 7:41 PM
03/21/00 6:11 PM
03/25/00 10:35 AM
03/25/00 10:39 AM
Number Called Minutes Toll
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
(570) 646 -4748
43. Dovidio placed the following seventy (70) personal phone calls to his home from
township cell phone number (717) 620 -6793.
1.0 $0.15
2.0 $0.54
1.0 $0.27
1.0 $0.27
4.5 $1.21
1.0 $0.27
1.2 $0.32
1.3 $0.35
1.8 $0.48
1.0 $0.27
1.0 $0.27
1.0 $0.27
1.0 $0.27
1.0 $0.15
1.0 $0.27
2.6 $0.70
1.0 $0.27
1.0 $0.16
1.0 $0.35
1.5 $0.24
1.0 $0.27
1.0 $0.27
1.0 $0.27
1.0 $0.27
1.0 $0.27
2.0 $0.54
2.0 $0.54
8.0 $2.16
4.0 $1.08
2.0 $0.54
1.0 $0.27
1.0 $0.35
1.0 $0.35
2.0 $0.54
2.0 $0.54
1.0 $0.27
1.0 $0.27
2.0 $0.54
1.0 $0.27
1.0 $0.27
283.7 $100.58
Date Time Number Called Minutes Toll
02/16/99 9:54 AM (570) 646 -4748
02/17/99 10:51 AM (570) 646 -4748
03/12/99 9:34 AM (570) 646 -4748
03/15/99 9:47 AM (570) 646 -4748
05/26/99 10:21 AM (570) 646 -4748
05/28/99 9:15 AM (570) 646 -4748
3.4
3.2
1.6
2.1
2.0
7.7
$0.64
$0.86
$0.43
$0.56
$0.54
$2.07
Number I.D. Other Calling
Area
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Number ID
Dovidio's Home
Dovidio's Home
Dovidio's Home
Dovidio's Home
Dovidio's Home
Dovidio's Home
Other Calling
Areas
Dovidio, 00- 021 -C2
Page 14
06/01/99 9:13 AM (570) 646 -4748 1.1 $0.29 Dovidio's Home
Dovidio, 00- 021 -C2
Page 15
Date
06/01/99
06/01/99
06/01/99
06/03/99
06/07/99
06/09/99
06/09/99
06/10/99
06/11/99
06/17/99
06/21/99
06/25/99
07/02/99
07/07/99
07/15/99
07/20/99
07/20/99
07/20/99
07/23/99
07/27/99
07/29/99
07/30/99
07/30/99
08/03/99
08/10/99
08/11/99
08/11/99
08/12/99
08/16/99
08/20/99
08/20/99
08/20/99
08/25/99
08/25/99
08/25/99
08/30/99
08/31/99
08/31/99
09/01/99
09/01/99
09/07/99
09/09/99
09/09/99
09/10/99
09/10/99
09/13/99
09/13/99
09/17/99
09/17/99
09/20/99
09/22/99
09/24/99
09/24/99
09/30/99
Time
9:50 AM
10:38 AM
11:37 AM
12:56 PM
11:59 AM
9:22 AM
9:30 AM
9:34 AM
9:34 AM
10:49 AM
11:26 AM
9:40 AM
1:44 PM
11:32 AM
10:55 AM
10:00 AM
10:04 AM
11:49 AM
3:03 PM
11:19 AM
10:50 AM
10:28 AM
12:44 PM
8:40 AM
6:57 PM
10:09 AM
2:03 PM
8:57 AM
9:25 AM
10:16 AM
12:44 PM
2:58 PM
9:33 AM
9:50 AM
11:49 AM
8:53 AM
8:06 AM
9:05 AM
5:10 PM
5:24 PM
12:58 PM
8:56 AM
10:03 AM
11:24 AM
3:00 PM
9:53 AM
10:18 AM
1:53 PM
4:26 PM
11:33 AM
3:24 PM
1:20 PM
3:41 PM
3:05 PM
Number Called Minutes Toll Number I.D. Other Calling
Area
(570) 646 -4748 3.4
(570) 646 -4748 10.6
(570) 646 -4748 4.7
(570) 646 -4748 4.6
(570) 646 -4748 1.6
(570) 646 -4748 3.0
(570) 646 -4748 2.1
(570) 646 -4748 8.0
(570) 646 -4748 1.0
(570) 646 -4748 8.5
(570) 646 -4748 4.0
(570) 646 -4748 1.0
(570) 646 -4748 5.1
(570) 646 -4748 1.0
(570) 646 -4748 1.4
(570) 646 -4748 1.0
(570) 646 -4748 1.0
(570) 646 -4748 1.0
(570) 646 -4748 1.0
(570) 646 -4748 1.1
(570) 646 -4748 1.2
(570) 646 -4748 1.0
(570) 646 -4748 3.4
(570) 646 -4748 6.3
(570) 646 -4748 1.0
(570) 646 -4748 22.9
(570) 646 -4748 1.5
(570) 646 -4748 1.0
(570) 646 -4748 6.1
(570) 646 -4748 1.0
(570) 646 -4748 1.0
(570) 646 -4748 2.0
(570) 646 -4748 2.0
(570) 646 -4748 1.0
(570) 646 -4748 1.0
(570) 646 -4748 2.3
(570) 646 -4748 2.3
(570) 646 -4748 1.0
(570) 646 -4748 3.3
(570) 646 -4748 1.0
(570) 646 -4748 3.0
(570) 646 -4748 1.0
(570) 646 -4748 3.3
(570) 646 -4748 1.4
(570) 646 -4748 1.3
(570) 646 -4748 4.3
(570) 646 -4748 4.3
(570) 646 -4748 1.0
(570) 646 -4748 6.6
(570) 646 -4748 5.0
(570) 646 -4748 1.0
(570) 646 -4748 2.6
(570) 646 -4748 3.3
(570) 646 -4748 1.0
$0.91
$2.86
$1.26
$1.24
$0.43
$0.81
$0.56
$2.16
$0.27
$2.29
$1.08
$0.27
$1.37
$0.27
$0.37
$0.27
$0.27
$0.27
$0.27
$0.29
$0.32
$0.27
$0.91
$1.70
$0.27
$6.18
$0.40
$0.27
$1.64
$0.27
$0.27
$0.54
$0.54
$0.27
$0.27
$0.62
$0.62
$0.27
$0.89
$0.27
$0.81
$0.27
$0.89
$0.37
$0.35
$1.16
$1.16
$0.27
$1.78
$1.35
$0.27
$0.70
$0.89
$0.27
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Home
Dovidio, 00- 021 -C2
Page 16
10/04/99 3:01 PM (570) 646 -4748 8.4 $2.26 Dovidio's Home
Dovidio, 00- 021 -C2
Page 17
Date Time Number Called
10/05/99 3:48 PM (570) 646 -4748
10/05/99 3:48 PM (570) 646 -4748
10/05/99 3:50 PM (570) 646 -4748
10/06/99 1:55 PM (570) 646 -4748
10/07/99 11:40 AM (570) 646 -4748
10/22/99 4:56 PM (570) 646 -4748
11/16/99 12:43 PM (570) 646 -4748
12/02/99 5:10 PM (570) 646 -4748
44. Dovidio placed at least fifty -eight (58) calls to his father Chester Dovidio, phone
numbers (570) 646 -9664 and (609) 861 -1561 between November 21, 1998, and
November 23, 1999.
a. Twenty -one (21) calls were placed from township cellular phone number
(717) 620 -6793 to Chester Dovidio.
b. Thirty -seven (37) calls were placed from township cellular phone number
(717) 688 -5344 to Chester Dovidio.
c. Chester Dovidio did not have business before the Tobyhanna Township
Board of Supervisors.
45. Dovidio placed the following thirty -seven (37) personal calls to Chester Dovidio
from township cell phone number (717) 688 -5344:
Date Time Number Called
11/21/98 9:47 AM
11/23/98 8:02 PM
12/07/98 11:55 AM
12/16/98 10:51 AM
12/17/98 9:48 AM
12/28/98 1:25 PM
01/03/99 10:25 AM
01/07/99 4:32 PM
01/08/99 9:31 AM
01/09/99 10:52 AM
01/10/99 3:32 PM
01/17/99 10:41 AM
01/17/99 10:45 AM
01/22/99 10:01 AM
01/24/99 1:49 PM
01/24/99 3:11 PM
01/29/99 4:15 PM
02/25/99 7:02 pm
02/11/99 1:42 PM
02/23/99 11:44 AM
03/06/99 2:54 PM
03/16/99 1:45 PM
03/26/99 1:31 PM
03/26/99 1:45 PM
04/30/99 6:05 PM
06/17/99 10:58 AM
(570) 646 -9664
(609) 861 -1561
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(609) 861 -1561
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
(570) 646 -9664
Minutes Toll Number I.D. Other Calling
Area
1.0 $0.27
1.0 $0.27
7.7 $2.07
1.0 $0.27
6.7 $1.80
3.1 $0.29
1.0 $0.27
1.0 $0.27
218.5 $58.01
Minutes Toll Number I.D. Other Calling
Area
2.0 $0.54
1.0 $0.27
1.1 $0.29
2.3 $0.62
4.5 $1.21
2.0 $0.54
3.0 $0.45
1.0 $0.27
1.1 $0.29
1.8 $0.27
1.0 $0.15
1.4 $0.21
1.0 $0.15
1.0 $0.27
1.0 $0.27
1.0 $0.27
2.5 $0.67
8.6 $2.64
1.0 $0.27
2.0 $0.54
1.3 $0.19
1.7 $0.45
2.0 $0.54
1.0 $0.27
1.0 $0.27
2.3 $0.34
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Dovidio's
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Chester
Home
Home
Home
Home
Home
Home
Home
Home
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio
Dovidio, 00- 021 -C2
Page 18
07/04/99 9:25 PM (609) 861 -1561 3.0 $4.05 Chester Dovidio
Dovidio, 00- 021 -C2
Page 19
Date Time Number Called Minutes Toll
07/22/99 11:35 AM (570) 646 -9664
09/16/99 8:08 PM (570) 646 -9664
09/16/99 8:09 PM (570) 646 -9664
10/15/99 11:09 PM (570) 646 -9664
10/23/99 11:57 AM (570) 646 -9664
10/26/99 1:55 PM (570) 646 -9664
10/27/99 3:57 PM (570) 646 -9664
11/02/99 7:51 AM (570) 646 -9664
11/13/99 3:47 PM (570) 646 -9664
11/23/99 9:03 PM (570) 646 -9664
1.3 $0.35
1.0 $0.15
2.2 $0.33
1.3 $0.19
1.0 $0.27
1.0 $0.27
2.1 $0.56
1.0 $0.27
1.3 $0.19
1.0 $0.27
65.80 $19.15
Number I.D. Other Calling
Area
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
46. Dovidio placed the following twenty -one (21) personal calls to Chester Dovidio from
township cell phone no. (717) 620 -6793.
Date Time Number
Called
12/08/98 11:24 AM (570) 646 -9664
02/12/99 8:07 PM (570) 646 -9664
07/14/99 10:36 AM (570) 646 -9664
07/14/99 3:11 PM (570) 646 -9664
07/19/99 3:16 PM (570) 646 -9664
07/20/99 1:32 PM (570) 646 -9664
07/29/99 8:19 AM (609) 861 -1561
08/09/99 11:33 AM (609) 861 -1561
08/19/99 9:23 AM (609) 861 -1561
08/20/99 12:30 PM (570) 646 -9664
08/23/99 12:07 PM (570) 646 -9664
08/30/99 2:57 PM (570) 646 -9664
09/01/99 11:25 AM (570) 646 -9664
09/17/99 4:26 PM (570) 646 -9664
09/27/99 2:55 PM (570) 646 -9664
10/05/99 3:22 PM (570) 646 -9664
10/06/99 1:20 PM (570) 646 -9664
10/21/99 7:43 AM (570) 646 -9664
10/22/99 4:50 PM (570) 646 -9664
11/18/99 11:36 AM (570) 646 -9664
11/18/99 2:03 PM (570) 646 -9664
Minutes Toll
2.0 $0.54
4.0 $1.08
1.7 $0.45
1.0 $0.27
2.0
1.0 $0.27
1.0 $0.27
1.5 $1.10
1.9 $1.21
1.0 $0.27
1.0 $0.27
2.5 $0.67
1.7 $0.45
6.6 $1.78
2.4 $0.64
1.0 $0.27
1.3 $0.35
1.0 $0.27
6.0 $1.62
11.2 $3.02
5.5 $1.48
57.3 $16.82
Number I.D.
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
Chester Dovidio
47. Dovidio placed at least fifteen (15) calls to the Blakeslee Pharmacy, phone number
(570) 646 -8040 between December 15, 1998, and November 8, 1999.
a. Five (5) calls were placed from township cell phone number (717) 620 -6793
to the Blakeslee Pharmacy.
b. Ten (10) calls were placed from township cell phone number (570) 688 -5344
to the Blakeslee Pharmacy.
c. The Blakeslee Pharmacy did not have business before the Tobyhanna
Township Board of Supervisors.
48. Dovidio placed the following ten (10) personal calls to the Blakeslee Pharmacy from
township cell phone number (717) 688 -5344.
Dovidio, 00- 021 -C2
Page 20
Dovidio, 00- 021 -C2
Page 21
Date Time Number Called Minutes
02/03/99 3:01 PM (570) 646 -8040 7.2
03/01/99 6:59 PM (570) 646 -8040 3.5
04/10/99 4:06 PM (570) 646 -8040 4.7
04/15/99 3:52 PM (570) 646 -8040 15.5
04/12/99 11:44 AM (570) 646 -8040 5.0
05/07/99 3:11 PM (570) 646 -8040 1.0
05/07/99 3:53 PM (570) 646 -8040 3.0
07/17/99 12:53 PM (570) 646 -8040 1.5
11/03/99 6:05 PM (570) 646 -8040 1.1
11/08/99 6:48 PM (570) 646 -8040 1.8
44.3
49. Dovidio placed the following five (5) personal calls to the Blakeslee Pharmacy from
township cell phone number (717) 620 -6793.
Date Time Number Called Minutes Number I.D.
12/15/98
05/26/99
07/20/99
07/27/99
08/24/99
9:30 AM (570) 646 -8040
1:39 PM (570) 646 -8040
9:03 AM (570) 646 -8040
5:45 PM (570) 646 -8040
12:33 PM (570) 646 -8040
3.5
2.0
3.0
4.2
4.0
16.7
Toll Number I.D. Other Calling
Area
$1.94 Blakeslee
Pharmacy
$0.64 Blakeslee
Pharmacy
$1.10 Blakeslee
Pharmacy
$5.42 Blakeslee
Pharmacy
$6.83 Blakeslee Vanguard Cell.
Pharmacy HBG, PA
$0.27 Blakeslee
Pharmacy
$0.81 Blakeslee
Pharmacy
$0.22 Blakeslee
Pharmacy
$0.29 Blakeslee
Pharmacy
$0.48 Blakeslee
Pharmacy
$18.00
Toll
$0.94
$0.54
$0.81
$1.13
$1.08
$4.50
Blakeslee
Pharmacy
Blakeslee
Pharmacy
Blakeslee
Pharmacy
Blakeslee
Pharmacy
Blakeslee
Pharmacy
Other Calling
Area
50. Dovidio placed at least thirty -seven (37) calls to Sabrina Caracappa, phone number
(570) 643 -9000, between November 28, 1998, and March 1, 2000.
a. Four (4) calls were placed from township cellular phone number (717) 620-
6793 to Caracappa.
b. Thirty -three (33) calls were placed from township cellular phone number
(717) 688 -5344.
c. Caracappa is a friend and employee of Dovidio's.
d. Caracappa did not have business before the Tobyhanna Township Board of
Supervisors.
51. Dovidio placed the following thirty -three (33) personal calls to Sabrina Caracappa
Dovidio, 00- 021 -C2
Page 22
from township cellular phone number (717) 688 -5344:
Date Time Number Called Minutes Toll
11/22/98
11/24/98
12/01/98
12/02/98
12/02/98
12/04/98
12/14/98
12/29/98
01/28/99
02/25/99
03/28/99
05/13/99
05/13/99
05/26/99
05/29/99
05/29/99
06/13/99
06/18/99
06/28/99
07/13/99
08/16/99
09/02/99
10/15/99
10/18/99
10/18/99
11/02/99
12/19/99
7:03 PM
12:42 PM
8:56 PM
11:54 AM
1:07 PM
2:53 PM
1:28 PM
5:48 PM
3:01 PM
4:00 PM
3:03 PM
3:47 PM
5:12 PM
5:51 PM
6:20 PM
6:23 PM
4:18 PM
6:12 PM
3:22 PM
7:07 PM
8:46 PM
10:38 AM
8:34 PM
6:23 PM
9:52 PM
12:50 PM
6:20 PM
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
(570) 643 -9000
4.0
5.0
1.0
1.0
1.0
11.5
2.6
1.2
2.0
1.0
3.0
4.3
1.0
1.0
1.0
1.0
2.8
1.0
1.0
1.4
1.9
1.0
1.1
1.1
1.0
1.0
1.6
$1.08
$1.35
$0.15
$0.27
$0.27
$3.10
$0.70
$0.32
$0.54
$0.27
$0.81
$1.16
$0.27
$0.27
$0.15
$0.15
$0.42
$0.27
$0.27
$0.21
$0.28
$0.27
$0.16
$0.29
$0.15
$0.27
$0.25
Number I.D.
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Sabrina
Caracappa
Other Calling
Area
Vanguard Cell.
HBG, PA
Dovidio, 00- 021 -C2
Page 23
01/04/00 4:37 PM (570) 643 -9000 11.0 $2.97 Sabrina
Caracappa
Dovidio, 00- 021 -C2
Page 24
Date Time Number Called Minutes Toll Number I.D. Other Calling
Area
01/05/00 6:27 PM (570) 643 -9000 2.0 $0.54 Sabrina
Caracappa
02/17/00 3:00 PM (570) 643 -9000 3.0 $1.05 Sabrina
Caracappa
02/23/00 9:50 AM (570) 643 -9000 2.0 $0.54 Sabrina
Caracappa
03/01/00 12:42 PM (570) 643 -9000 1.0 $0.27 Sabrina
Caracappa
03/01/00 2:57 PM (570) 643 -9000 1.0 $0.27 Sabrina
Caracappa
76.5 $19.34
52. Dovidio placed the following four (4) personal calls to Sabrina Caracappa from
township cellular phone number (717) 620 -6793.
Date Time Number Called Minutes Toll Number I.D. Other Calling
Area
08/18/99 8:14 PM (570) 643 -9000 1.6 $0.24 Sabrina
Caracappa
08/19/99 11:24 AM (570) 643 -9000 1.2 $0.32 Sabrina
Caracappa
10/07/99 7:30 AM (570) 643 -9000 2.2 $0.59 Sabrina
Caracappa
10/08/99 7:34 AM (570) 643 -9000 1.0 $0.27 Sabrina
Caracappa
6.0 $1.42
53. Dovidio placed at least thirty -five (35) calls to the Chat & Chew Restaurant, phone
number (570) 646 -6632, between November 9, 1999, and March 4, 2000.
a. Four (4) calls were placed from township cellular phone number (717) 620-
6793 to the Chat & Chew.
b. Thirty -one (31) calls were placed from township cellular phone number (717)
688 -5344 to the Chat & Chew.
c. The Chat & Chew Restaurant is a business that Dovidio has a financial
interest in.
d. Dovidio's calls to the Chat & Chew did not relate to township business.
54. Dovidio placed the following thirty -one (31) personal calls to the Chat & Chew from
township cellular phone number (717) 688 -5344.
Date Time Number Called Minutes Toll Number I.D. Other Calling
Area
11/09/99 12:20 PM (570) 646 -6632 3.2 $0.86 Chat & Chew
Restaurant
11/17/99 4:59 PM (570) 646 -6632 2.0 $0.54 Chat & Chew
Restaurant
11/18/99 5:00 PM (570) 646 -6632 1.0 $0.27 Chat & Chew
Restaurant
11/28/99 1:03 PM (570) 646 -6632 1.0 $0.27 Chat & Chew
Dovidio, 00- 021 -C2
Page 25
Restaurant
Dovidio, 00- 021 -C2
Page 26
Date
12/09/99
12/10/99
12/14/99
12/14/99
12/19/99
01/10/00
01/13/00
01/14/00
01/14/00
01/27/00
01/27/00
01/28/00
01/28/00
01/28/00
01/31/00
02/01/00
02/03/00
02/04/00
02/14/00
02/18/00
02/17/00
02/21/00
02/22/00
02/28/00
02/28/00
03/02/00
03/04/00
Time
3:22 PM
2:54 PM
3:05 PM
4:09 PM
3:32 PM
3:00 PM
2:58 PM
1:36 PM
1:38 PM
2:58 PM
3:44 PM
1:54 PM
2:01 PM
3:28 PM
8:28 AM
2:20 PM
4:26 PM
11:48 AM
8:31 AM
2:24 PM
3:41 PM
3:41 PM
3:05 PM
11:21 AM
2:59 PM
3:11 PM
11:32 PM
Number Called Minutes Toll Number I.D. Other Calling
Area
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
(570) 646 -6632
1.0
2.0
2.0
1.0
3.3
1.0
1.0
1.0
3.0
1.0
1.0
1.0
2.0
3.0
2.0
4.0
3.0
3.0
2.0
3.0
2.0
3.0
1.0
1.0
1.0
2.0
1.0
$0.27
$0.54
$0.54
$0.35
$0.52
$0.27
$0.27
$0.27
$0.81
$0.27
$0.27
$0.27
$0.54
$0.81
$0.54
$1.08
$0.81
$0.81
$0.70
$1.05
$0.50
$0.81
$0.27
$0.27
$0.27
$0.54
$0.27
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Chat & Chew
Restaurant
Dovidio, 00- 021 -C2
Page 27
58.5 $15.86
55. Dovidio placed the following four (4) personal calls to the Chat & Chew from
township cellular phone number (717) 620 -6793:
Date Time Number Called Minutes Toll Number I.D. Other Calling
Area
11/22/99 3:44 PM (570) 646 -6632 1.0 $0.25 Chat & Chew
Restaurant
11/23/99 12:05 PM (570) 646 -6632 1.0 $0.27 Chat & Chew
Restaurant
12/10/99 11:07 AM (570) 646 -6632 1.3 $0.45 Chat & Chew
Restaurant
12/13/99 1:13 PM (570) 646 -6632 4.3 $1.50 Chat & Chew
Restaurant
7.6 $2.47
56. Dovidio placed at least seventeen (17) calls to the Village Squire Restaurant, phone
number (570) 646 -3446 between May 10, 1999, and September 24, 1999.
a. Fifteen (15) calls were placed from township cellular phone number (717)
620 -6793 to the Village Squire Restaurant.
b. Two calls were placed from township cellular phone number (717) 688 -5344
to the Village Squire Restaurant.
c. The Village Squire Restaurant is a business that Dovidio has a financial
interest in.
d. Dovidio's calls to the Village Squire did not relate to township business.
57. Dovidio placed the following two (2) personal calls to the Village Squire Restaurant
from township cellular phone number (717) 688 -5344.
Date Time Number Called Minutes Toll Number I.D. Other Calling
Area
05/10/99 12:48 PM (570) 646 -3446 5.4 $1.45 Village Squire
Restaurant
09/03/99 10:39 AM (570) 646 -3446 3.0 $0.81 Village Squire
Restaurant
8.4 $2.26
58. Dovidio placed the following fifteen (15) personal calls to the Village Squire
Restaurant from township cellular phone number (717) 620 -6793.
Date Time Number Called Minutes Toll Number I.D. Other Calling
Area
07/06/99 11:55 AM (570) 646 -3446 1.3 $0.35 Village Squire
Restaurant
07/13/99 2:26 PM (570) 646 -3446 3.5 $0.94 Village Squire
Restaurant
07/13/99 3:57 PM (570) 646 -3446 1.4 $0.37 Village Squire
Restaurant
07/20/99 10:50 AM (570) 646 -3446 2.0 $0.54 Village Squire
Restaurant
07/20/99 11:07 AM (570) 646 -3446 1.0 $0.27 Village Squire
Restaurant
Dovidio, 00- 021 -C2
Page 28
07/20/99 4:14 PM (570) 646 -3446 1.5 $0.40 Village Squire
Restaurant
Dovidio, 00- 021 -C2
Page 29
Date Time Number Called Minutes Toll Number I.D. Other Calling
Area
07/26/99 1:25 PM (570) 646 -3446 1.1 $0.29 Village Squire
Restaurant
07/28/99 1:57 PM (570) 646 -3446 1.9 $0.51 Village Squire
Restaurant
07/28/99 3:04 PM (570) 646 -3446 1.0 $0.27 Village Squire
Restaurant
08/02/99 12:28 PM (570) 646 -3446 3.7 $0.99 Village Squire
Restaurant
08/10/99 3:02 PM (570) 646 -3446 4.4 $1.18 Village Squire
Restaurant
08/17/99 5:24 PM (570) 646 -3446 1.0 $0.27 Village Squire
Restaurant
08/30/99 3:25 PM (570) 646 -3446 12.9 $3.48 Village Squire
Restaurant
09/24/99 10:53 AM (570) 646 -3446 1.2 $0.32 Village Squire
Restaurant
09/24/99 11:04 AM (570) 646 -3446 1.0 $0.27 Village Squire
Restaurant
38.9 $10.45
59. Dovidio placed at least fifty (50) calls to Pinecrest Development Corporation, phone
number (570) 646 -2452 between December 7, 1998, and March 21, 2000.
a. Pinecrest Development is a country club community located in Tobyhanna
Township.
b. Thirty -five (35) calls were placed from township cellular phone number (717)
620 -6793 to Pinecrest.
c. Fifteen (15) calls were placed from township cellular phone number (717)
688 -5344 to Pinecrest.
d. Dovidio's calls to Pinecrest Development Corporation did not relate to
Dovidio's duties as township roadmaster.
60. Dovidio placed the following fifteen (15) personal calls to Pinecrest Development
Corporation from township cellular phone number (717) 688 -5344.
Date Time Number Called Minutes Toll Number I.D. Other Calling
Area
12/07/98 10:09 AM (570) 646 -2452 1.2 $0.32 Pinecrest Develop
Corp.
05/24/99 10:09 AM (570) 646 -2452 2.0 $0.54 Pinecrest Develop
Corp.
06/04/99 3:05 PM (570) 646 -2452 1.0 $0.27 Pinecrest Develop
Corp.
06/04/99 3:16 PM (570) 646 -2452 2.4 $0.64 Pinecrest Develop Comcast
Corp. Vineland, NJ
07/13/99 2:30 PM (570) 646 -2452 4.5 $1.21 Pinecrest Develop Metrophone
Corp. Philadelphia
07/29/99 4:41 PM (570) 646 -2452 1.0 $0.27 Pinecrest Develop
Corp.
10/15/99 1:01 PM (570) 646 -2452 1.9 $0.51 Pinecrest Develop
Corp.
Dovidio, 00- 021 -C2
Page 30
Date Time Number Called
10/15/99 3:14 PM (570) 646 -2452
10/26/99 11:58 AM (570) 646 -2452
10/26/99 12:03 PM (570) 646 -2452
10/27/99 3:55 PM (570) 646 -2452
10/27/99 3:56 PM (570) 646 -2452
03/08/00 9:21 AM (570) 646 -2452
03/20/00 2:59 PM (570) 646 -2452
03/21/00 8:42 AM (570) 646 -2452
61. Dovidio placed the following thirty -five (35) personal calls to Pinecrest Development
Corporation from township cellular phone number (717) 620 -6793.
Date
05/26/99
06/01/99
06/01/99
06/03/99
06/03/99
06/11/99
06/11/99
06/15/99
06/16/99
06/21/99
06/28/99
07/06/99
07/06/99
07/12/99
07/12/99
07/12/99
Time
12:38 PM
9:19 AM
9:53 AM
8:41 AM
1:22 PM
10:54 AM
11:29 AM
9:11 AM
1:04 PM
12:51 PM
1:17 PM
9:11 AM
10:29 AM
11:29 AM
11:40 AM
11:54 AM
Number Called
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
Minutes Toll Number I.D.
1.0
1.0
4.0
1.0
1.0
3.0
1.0
1.0
27.0
Minutes
4.0
1.0
2.3
7.8
3.1
1.0
1.8
1.0
2.7
1.0
2.8
1.0
1.0
1.0
1.6
1.8
$0.27
$0.27
$1.08
$0.27
$0.27
$0.35
$0.42
$0.42
$7.11
Pinecrest Develop
Corp.
Pinecrest Develop
Corp.
Pinecrest Develop
Corp.
Pinecrest Develop
Corp.
Pinecrest Develop
Corp.
Pinecrest Develop
Corp.
Pinecrest Develop
Corp.
Pinecrest Develop
Corp.
Toll Number I.D.
$1.08 Pinecrest Develop
Corp
$0.27 Pinecrest Develop
Corp
$0.62 Pinecrest Develop
Corp
$2.10 Pinecrest Develop
Corp
$0.83 Pinecrest Develop
Corp
$0.27 Pinecrest Develop
Corp
$0.48 Pinecrest Develop
Corp
$0.27 Pinecrest Develop
Corp
$0.72 Pinecrest Develop
Corp
$0.27 Pinecrest Develop
Corp
$0.21 Pinecrest Develop
Corp
$0.27 Pinecrest Develop
Corp
$0.27 Pinecrest Develop
Corp
$0.27 Pinecrest Develop
Corp
$0.43 Pinecrest Develop
Corp
$0.48 Pinecrest Develop
Other Calling
Area
Cellular One
Boston
Cellular One
Boston
Cellular One
Boston
Other Calling
Area
Dovidio, 00- 021 -C2
Page 31
Corp
Dovidio, 00- 021 -C2
Page 32
Date
07/13/99
07/20/99
07/20/99
07/27/99
07/28/99
08/02/99
08/03/99
08/05/99
08/10/99
08/11/99
08/11/99
08/11/99
08/18/99
08/18/99
08/18/99
08/20/99
08/30/99
08/30/99
11/22/99
Time
2:30 PM
10:28 AM
3:04 PM
7:54 AM
1:54 PM
1:06 PM
8:59 AM
9:08 AM
12:31 PM
8:49 AM
8:51 AM
8:56 AM
8:10 AM
10:56 AM
11:35 AM
2:54 PM
2:53 PM
3:11 PM
1:19 PM
Number Called Minutes
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
(570) 646 -2452
4.5
1.0
3.3
10.7
1.5
1.0
5.2
1.0
1.0
1.3
1.0
11.7
2.6
2.5
1.9
2.0
1.0
3.9
3.0
95.0
Toll
$1.21
$0.27
$0.89
$2.88
$0.40
$0.27
$1.40
$0.27
$0.27
$0.35
$0.27
$3.15
$0.70
$0.67
$0.51
$0.54
$0.27
$1.05
$1.13
$25.34
Number I.D. Other Calling
Area
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
Pinecrest Develop
Corp
62. Dovidio placed at least an additional seventeen (17) additional personal calls to
various parties using township cellular phones.
a. Two (2) calls were placed from township cellular phone number (717) 620-
6793.
b. Fifteen (15) calls were placed from township cellular phone number (717)
688 -5344.
63. Dovidio placed the following seventeen (17) personal calls using township cellular
phones.
a. Miscellaneous calls from (717) 688 -5344
Dovidio, 00- 021 -C2
Page 33
Date
02/23/99
02/23/99
02/23/99
02/26/99
02/25/99
02/25/99
03/05/99
06/24/99
06/24/99
06/25/99
06/30/99
08/13/99
08/14/99
08/14/99
08/14/99
b.
Date Time Number Called Minutes Toll Number I.D.
06/01/99 12:50 PM (609) 861 -3099 1.1 X0.29 Woodbine Custard Ranch
08/04/99 1:44 PM (609) 861 -3099 1.3 $0.35 Woodbine Custard Ranch
2.4 $0.64
64. Tobyhanna Township's calling plan with Cellular One /AT &T Wireless provided for
240 free minutes per month. Additional airtime was .27¢ per minutes.
65. The following chart summarizes Dovidio's total personal calls using township
cellular phones:
Person
Called
Time Number Minutes Toll
Called
2:35 PM (570) 424 -1175
2:37 PM (570) 424 -1175
2:40 PM (570) 424 -1175
10:35 AM (570) 424 -1175
4:01 PM (570) 555 -1212
7:01 PM (717) 921 -0125
1:08 PM (570) 424 -1175
5:50 PM (609) 696 -2277
6:40 PM (609) 696 -2277
9:52 PM (609) 861 -3099
6:40 PM (570) 644 -2202
10:35 AM (508) 563 -3535
12:27 PM (617) 462 -9883
3:53 PM (508) 548 -6132
4:05 PM (508) 548 -6132
Total
Miscellaneous calls from (717) 620 -6793:
Dovidio's Home
Chester Dovidio
Blakeslee Pharmacy
Sabrina Caracappa
Chat & Chew Rest.
Village Squire Rest.
Pinecrest Dev. Corp
Miscellaneous Calls
Phone Used Phone Used Total
(717) 620 -6793 (717) 688 -5344 Charges
58.01
16.82
4.50
1.42
2.47
10.45
25.34
0.64
119.65
1.0 $0.27
1.0 $0.27
2.0 $0.54
1.9 $0.51
1.0 $0.50
1.0 $0.27
1.2 $0.32
2.0 $0.70
1.0 $0.35
1.0 $1.09
2.0 $0.41
1.0 $1.35
1.0 $1.25
3.0 $4.05
2.0 $2.70
Ti 2 $14.58
Number I.D.
Monroe Co. Rep. Comm.
Monroe Co. Rep. Comm.
Monroe Co. Rep. Comm.
Monroe Co. Rep. Comm.
Directory Assistance
Jodi Dovidio
Monroe Co. Rep. Comm.
No Listing
No Listing
Woodbine Custard Ranch
Mama Fays Pizzeria
Mark Coombs
Mobile Phone
Robert Johnson
Robert Johnson
100.58
19.15
18.00
19.34
15.86
2.26
7.11
14.58
196.88
158.59
35.97
22.50
20.76
18.33
12.71
32.45
15.22
316.53
66. Dovidio realized a private pecuniary benefit of $316.53 as a result of personal calls
he placed using township cellular phones.
a. Pecuniary benefit is based on $119.64 in personal charges incurred on
township cellular phone number (717) 620 -6793, plus $196.88 in personal
charges incurred on township cellular phone number (717) 688 -5344.
b. Dovidio did not reimburse Tobyhanna Township for any personal cellular
phone usage.
Dovidio, 00- 021 -C2
Page 34
67. Dovidio received a total private pecuniary benefit of $426.47 as a result of all
incidents cited in this report. Private pecuniary benefit calculated as follows:
a. Financial gain from gas tank replacement: $ 56.42
b. Financial gain from brake line repair: $ 53.52
c. Financial gain from personal cell phone usage: $316.53
Total $426.47
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Michael Dovidio, hereinafter
Dovidio, 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 allegation is that Michael Dovidio, as a supervisor for Tobyhanna Township,
violated Section 3(a)/1103(a) of the Ethics Act when he made a personal purchase
charged to the township's account; when he used township equipment, facilities, and
manpower to repair his personal vehicle; and when he used township cellular telephones
for his personal use.
Pursuant to Section 3(a)/1103(a) of the Ethics Act, a public official /public employee
is prohibited from engaging in conduct that constitutes a conflict of interest.
Section 3/1103. Restricted Activities
(a) 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.
Dovidio, 00- 021 -C2
Page 35
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.
facts.
Having noted the issues and applicable law, we shall now summarize the relevant
Dovidio served as a Tobyhanna Township Supervisor from January 1996 until
October 2000. Dovidio was also employed as the Township Roadmaster from May 1997
until March 2000 to oversee the daily operation of the Public Works Department and its
employees.
Although the township does not have a formal policy regarding employees using
township facilities to perform maintenance or repairs on their personal vehicles, employees
may do such work only during lunch or non - working hours. Although employees are not
charged for using the Public Works garage, they are responsible for purchasing their own
repair parts which cannot be charged to the township account.
Dovidio used the Public Works Department garage and an employee to perform
repairs on his 1986 Chevrolet truck. When Dovidio noticed that his truck was leaking
gasoline, he utilized township mechanic Steve Watkins (Watkins) during working hours to
inspect the truck. After Watkins determined that Dovidio needed a new gasoline tank,
Dovidio placed an order for a gasoline tank from Sunshine Auto Parts on the Tobyhanna
Township account. The gasoline tank was clearly for Dovidio's personal vehicle in that the
township Public Works Department does not have any vehicles in which that particular
gasoline tank could fit. After the gasoline tank was delivered to the Public Works garage,
Dovidio on one particular day gave the work assignments to all Public Works employees
except Watkins who then realized that his daily work assignment was to change the
gasoline tank on Dovidio's truck.
After the other township supervisors learned about the gasoline purchase and
installation, they met with Dovidio who admitted that he purchased the gasoline tank using
the township account and had the gasoline tank installed on township time. Dovidio
offered to reimburse the township its price of the gasoline tank which was substantially
less because it was a municipal purchase and no sales tax was charged. After the
supervisors refused to accept Dovidio's attempt at payment, Dovidio requested Sunshine
Auto Parts to void the invoice sent to the township as to the purchase of the gasoline tank.
Sunshine Auto Parts then invoiced Dovidio for the retail price of the gasoline tank plus
sales tax so that Tobyhanna Township did not incur any costs from Sunshine Auto Parts.
In a separate instance, Dovidio directed Watkins to assist in replacing a steel brake
line on his truck. Although Dovidio provided the necessary repair parts, both Watkins and
Dovidio did the work on township time.
Dovidio realized a pecuniary benefit of $53.52 as to the labor performed in replacing
the brake line and a financial gain of $56.42 as a result of the labor performed by Watkins
as to the gasoline tank in Dovidio's truck.
Separate and apart from the above, Tobyhanna Township provided cellular phones
and service to township officials. Although the township did not have a written statement
on personal usage of township cellular phones, there was an unwritten policy that cellular
phones could only be used for township business. Dovidio, however, used the township
cellular phone to make personal calls to his home, to his father, to a pharmacy, to
Dovidio, 00- 021 -C2
Page 36
restaurants in which he had interests, to the country club, and to other persons. See, Fact
Findings 42 -65. The financial gain that Dovidio received by using township cell phones for
personal use amounted to $316.53.
Adding the above $316.53 to the financial gain Dovidio received as to the
installation of the new gasoline tank in his truck and the brake line repair brings his total
financial gain in this case to $426.47.
The parties have filed position statements.
The Investigative Division argues that the actions of Dovidio were in violation of the
Ethics Act, such actions were blatant and devious; and restitution of $426.47, a treble
penalty of $1,279.41 plus interest should be imposed.
Dovidio makes the following arguments: the Investigative Division was untimely in
completing its investigation; the actions of Dovidio were not in violation of the Ethics Act or
alternatively were de minimis; the purchase of the gasoline tank for Dovidio's truck was
ultimately paid by Dovidio even though it was initially charged to the township account; an
offer was made by Dovidio to pay back the monies as to his truck repairs and cell phone
usage; the personal cell phone calls were subsequently approved by the board of
supervisors; Watkins was neither asked by Dovidio to change his gasoline tank nor was
told by him to stop the repairs; and in an unnamed prior case, municipal cell phone use for
personal purposes was found by the Commission to be de minimis.
Having summarized the above relevant facts and position statements of the parties,
we must now determine whether the actions of Dovidio violated Section 3(a)/1103(a) of Act
9 of 1989/Act 93 of 1998.
In applying Section 3(a)/1103(a) of the Ethics Act to the instant matter, there were
uses of authority of office on the part of Dovidio. But for the fact that Dovidio was a
supervisor and roadmaster, he would not have been in a position to order or allow a
township employee to work on his personal vehicle, he would not have been in a position
to purchase a new gasoline tank for his truck using a township account, and he would not
have been in a position to use the township cellular phone for personal calls. Such actions
were uses of authority of office. See, Juliante, Order 809. Through such uses of authority
of office, Dovidio was able to obtain private pecuniary benefits. Such pecuniary benefits
consisted of the financial gain that Dovidio received by not having out of pocket expenses
to pay as to the labor for the two repair jobs on his truck as well as for the personal cellular
phone calls that he made. A pecuniary benefit also consisted of the new gasoline tank that
Dovidio purchased for his truck using the township account, even though Dovidio was
subsequently billed for that auto part after his activities were discovered by the other
supervisors. Lastly, such private pecuniary benefits inured to Dovidio himself.
Accordingly, Dovidio violated Section 3(a)/1103(a) when he directed /allowed a
township employee during township working hours to repair the steel brake line and
replace a gasoline tank in his personal vehicle. Dovidio violated Section 3(a)/1103(a) of
the Ethics Act when he, during normal township working hours, worked on repairing a steel
brake line in his personal vehicle. Dovidio violated Section 3(a)/1103(a) of the Ethics Act
when he purchased a gasoline tank for his private truck using the township account.
Finally, Dovidio violated 3(a)/1103(a) of the Ethics Act when he made personal phone calls
at township expense on the township cell phones.
As to the utilization of government personnel and property for personal purposes,
we have long held that a public official /public employee may not use government
equipment, facilities or personnel for personal, business, campaign, or reelection activities.
See, Friend, Order 800; Cours, Order 1150. Hence, Dovidio violated Section 3(a)/1103(a)
Dovidio, 00- 021 -C2
Page 37
of the Ethics Act when he utilized such township property or personnel during regular
working hours for personal purposes.
The arguments made by Dovidio in his defense will now be addressed seriatim.
As to the investigative deadlines, we must apply Fact Findings 1 -10 which, like all of
the Fact Findings, are deemed admitted by Dovidio (who did not file an Answer), and
which are not subject to any collateral challenge. See, §408(e)/1108(e) of the Ethics Act,
65 Pa.C.S. §1103(e); 51 Pa.Code §21.5k(1). Our review of the admitted findings reflect
that the Investigative Division completed all phases of the investigative process in a timely
manner.
Regarding Dovidio's actions, such were in violation of the Ethics Act as per our
analysis above. Dovidio's actions were not de minimis. As we noted in Schweinsberq,
Order 900, determinations as to the de minimis exclusion from the conflict definition must
be made upon the facts in each particular case. In the instant matter, given the four
separate actions (gasoline tank purchase, two separate truck repairs, and cell phone
usage), the number of violations, the total amount of financial gain, Dovidio's deliberate
disregard of the public trust, and the overall circumstances, we find that such actions by
Dovidio were not de minimis.
With regard to the purchase of the gasoline tank for Dovidio's truck at township
expense, we would note that Dovidio's ultimate payment for the part does not operate to
cancel or negate the related violation of the Ethics Act. The violation occurred at the time
that Dovidio purchased the gasoline tank for his truck using the township account.
Subsequent measures cannot "undo" an Ethics Act violation. This is true not only for
those who unintentionally violate the Ethics Act and who earnestly seek to make things
right, but also for those like Dovidio, whose efforts occur only after their unlawful activities
are discovered.
As to the offer by Dovidio to pay back the monies, such offer cannot undo the Ethics
Act violation for the reasons set forth above. Such an offer might be considered mitigating
circumstances as we consider the imposition of an appropriate penalty or referral for
criminal prosecution; however, such an offer does not negate an Ethics Act violation.
The fact that Dovidio's use of the municipal cell phone for personal calls was
subsequently approved by the board of supervisors is of no import. The implicit
suggestion from this argument is that a municipal body may authorize (and thereby
negate) an Ethics Act violation. The Ethics Act is a statute of the Commonwealth of
Pennsylvania containing, inter alia, criminal penalties. No municipal body has the power to
authorize, approve, or condone conduct which constitutes a violation of the Ethics Act;
further no such body has the power to eliminate an Ethics Act violation.
Regarding Dovidio's argument that he neither told Watkins to start nor stop the
replacement of the gasoline tank on Dovidio's truck, we are aware of the decision in
McGuire and Marchitello v. SEC, 657 A.2d 1346 (Pa. Cmwlth. 1995), that a public
official /public employee must take some action in order for there to be a use of authority of
office. In this case, Dovidio was the roadmaster responsible for assigning and overseeing
the work of the township employees reporting to him. As the roadmaster, Dovidio had an
affirmative duty to assign and oversee the work of Watkins and to ensure that Watkin's
work was limited to the work of the township. On the day in question, Dovidio took action
in making out the daily assignment for all employees to work in the field except Watkins,
thus requiring Watkins to work in the garage. Per the admitted Findings, without any
verbal direction by Dovidio, Watkins realized that his assignment was to work on Dovidio's
truck. Additionally, Dovidio acknowledges that he observed Watkins doing the private
Dovidio, 00- 021 -C2
Page 38
work (the installation of Dovidio's own gasoline tank) on township time and that he did
nothing to stop it. This amounted to a tacit approval of the work and was a use of authority
of office by Dovidio for Dovidio's private pecuniary benefit.
As to the final argument that we found municipal cell phone usage for personal
purposes to be de minimis in another case, we have already noted that the applicability or
inapplicability of the de minimis exclusion is decided on a case by case basis, see,
Schweinsberq, supra, and that the exclusion does not apply in this case.
Section 407(13)/1107(13) of the Ethics Act empowers this Commission to impose
restitution in instances where a public official /public employee has obtained a financial
gain in violation of the Ethics Act. Restitution is warranted in this case. Accordingly,
Dovidio is directed within 30 days of the date of mailing of this Order to make payment in
the amount of $426.47 through this Commission to Tobyhanna Township. Non - compliance
will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
1. Dovidio, as a Supervisor in Tobyhanna Township, was a public official subject to
the provisions of Act 9 of 1989/Act 93 of 1998.
2. Dovidio violated Section 3(a)/1103(a) of the Ethics Act when he directed a township
employee during township working hours to replace the gasoline tank and repair the
steel brake line in his personal vehicle.
3. Dovidio violated Section 3(a)/1103(a) of the Ethics Act when he worked on repairing
a steel brake line in his personal vehicle during normal township working hours.
4. Dovidio violated Section 3(a)/1103(a) of the Ethics Act when he charged a gasoline
tank for his private truck to the township account.
5. Dovidio violated 3(a)/1103(a) of the Ethics Act when he made personal phone calls
at township expense on the township cell phones.
In Re: Michael Dovidio
ORDER NO. 1202
File Docket: 00- 021 -C2
Date Decided: 6/4/01
Date Mailed: 6/8/01
1 Dovidio, as a Supervisor in Tobyhanna Township, violated Section 3(a)/1103(a) of
the Ethics Act when he directed a township employee during township working
hours to replace the gasoline tank and repair the steel brake line in his personal
vehicle.
2. Dovidio violated Section 3(a)/1103(a) of the Ethics Act when he worked on repairing
a steel brake line in his personal vehicle during normal township working hours.
3. Dovidio violated Section 3(a)/1103(a) of the Ethics Act when he charged a gasoline
tank for his private truck to the township account.
4. Dovidio violated 3(a)/1103(a) of the Ethics Act when he made personal phone calls
at township expense on the township cell phones.
5. Dovidio is directed within 30 days of the date of mailing of this Order to make
payment in the amount of $426.47 through this Commission to Tobyhanna
Township.
a. Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
DANEEN E. REESE, CHAIR