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HomeMy WebLinkAbout1201 TaylorIn Re: William H. Taylor 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- 056 -C2 Order No. 1201 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 not filed and a hearing was deemed waived. The record is complete. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. §1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending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. Taylor, 00- 056 -C2 Page 2 I. ALLEGATION: That William Taylor, a public official in his capacity as supervisor for Fulton Township, Lancaster County, violated the following provisions of the Ethics Act (Act 93 of 1998) when he used the authority of his office for a private pecuniary benefit by using township equipment on his personal property. Section 1103. Restricted activities. (a) Conflict of interest. - -No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa. C. S. §1103(a). 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. §1102. II. FINDINGS: 1. The Investigative Division of the State Ethics Commission received a signed, sworn complaint alleging that William Taylor 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 August 16, 2000. 3. The preliminary inquiry was completed within sixty days. 4. On October 6, 2000, a letter was forwarded to William Taylor, 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 2455. b. The domestic return receipt bore the signature of Donna M. Taylor, with a delivery date of October 7, 2000. Taylor, 00- 056 -C2 Page 3 5. Periodic notice letters were forwarded to William Taylor in accordance with the provisions of the Ethics Law advising him of the general status of the investigation. 6. The Investigative Complaint was mailed to the Respondent on March 29, 2001. 7. William Taylor has served as a Fulton Township Supervisor since 1988. a. Taylor also has been employed as the township roadmaster on a full -time basis the entire time he has been a supervisor. b. Prior to becoming supervisor /roadmaster, Taylor was employed by the township's road department for approximately eleven (11) years. 8. Currently the Fulton Township Road Department consists of Taylor and one other full -time employee. a. Part -time help is used on an as needed" basis. 9. The Fulton Township Road Department has tools and equipment used for the general care and maintenance of township roads. a. Township equipment includes, in part, a grader, backhoe, front -end loader, roller, power broom, trucks, tractors, snow removal equipment, mowers, steam cleaner and other hand and power tools. 10. Fulton Township has a policy of renting its equipment to township residents. a. Equipment rental rates are established annually as part of the Fulton Township Board of Supervisors reorganization meeting. b. Township equipment is available for rental to the general public so long as the rental does not interfere with normal township business. 11. Records of the Fulton Township Board of Supervisors include the following stated rental fees covering the period 1995 through 2000. a. Calendar years 1995 through 1999: Grader: $40.00 per hour with man; Truck - $25.00 per hour, 1 hour minimum; truck with snow equipment - $35.00 per hour; front loader - $40.00 per hour; backhoe - $40.00 per hour; tractor - $20.00 per hour; tractor and mower - $25.00 per hour; chipper- tractor with man - $35.00 per hour; steam cleaner - $25.00 per hour, minimum charge, not to leave the township building; power broom - $15.00 per hour; roller - $15.00 per hour. Also added was copy rates at $ .30 per copy and $16 per hour for whatever a township employee must make copies of. b. Calendar year 2000. Grader: $45.00 per hour with man; Truck - $30.00 per hour, 1 hour minimum; truck with snow equipment - $40.00 per hour; front loader - $45.00 per hour; backhoe - $45.00 per hour; tractor - $25.00 per hour; tractor and mower - $30.00 per hour; chipper- tractor with man - $40.00 per hour; steam cleaner - $30.00 per hour, minimum charge, not to leave the township building; power broom - $20.00 per hour; roller - $20.00 per hour. Also added was copy rates at $ .30 per copy and $16 per hour for whatever a township employee must make copies of. 12. Equipment rental rates were set high enough so as not to take business away from local contractors. Taylor, 00- 056 -C2 Page 4 13. The Fulton Township Board of Supervisors do not actively advertise the availability of township equipment for private rental. 14. Equipment rental does not need to go before the board of supervisors for approval. a. The approval of one (1) supervisor is required for equipment rental. b. If residents know how to operate equipment an operator does not need to be rented. c. There is no public action taken during township meetings regarding the approval of equipment rental. 15. Since 1995 no township residents used township equipment on personal property. a. Roadmaster Taylor and Road Department employee Tom Kirk each used township equipment on personal property. 16. Taylor used the township backhoe during a snowstorm in 1996 to clear snow from the driveway of his residence at 112 Peach Bottom Road. a. Taylor's use of the backhoe for snow removal took two (2) hours. b. Township rental rates for the backhoe in 1996 were $40.00 per hour. c. Taylor did not pay the township a rental fee for the use of the backhoe. d. Taylor's financial gain for use of the township's backhoe to remove snow in 1996 was $80.00. 1. Financial gain based on two (2) hours usage at $40.00 per hour. e. Taylor's personal use of the backhoe did not occur on township time. f. Taylor's personal use of the backhoe was not approved by either of the other two (2) supervisors. 17. Taylor used a township mower two (2) times annually since 1996 to cut the grass on a bank by his home. a. Taylor used the equipment while residing at both 110 and 112 Peach Bottom Road. b. Taylor used the mower to cut a road bank approximately 200 feet long by 5 to 10 feet in width. c. The grass cutting took approximately one (1) hour to complete per occurrence and was not done on township time. d. Taylor used the township mower approximately ten (10) hours since 1996. e. Township rental fees for the mower from 1996 through 2000 were $25.00 per hour. f. Taylor did not pay the township a rental fee for the use of the mower. g. Taylor received a private pecuniary benefit of $250.00 as the result of the Taylor, 00- 056 -C2 Page 5 mower usage. 1. Financial gain calculation based on the ten (10) hours usage at $25.00 per hour. h. Taylor's personal use of the mower did not occur on township time. Taylor's personal use of the mower was not approved by either of the other two (2) supervisors. 18. In May of 1998 Taylor began site preparation to place a modular home on property located at 110 Peach Bottom Road, Peach Bottom, PA 17563. a. Work performed by Taylor included grading for a driveway and excavation for electrical service. b. Taylor used the township's grader and backhoe for this project. c. Taylor drove this equipment from the township building to his property. 19. Taylor used the township's backhoe to excavate a trench to install electric service to his house. a. Taylor dug a trench approximately 500 feet in length by 2 to 3 feet deep. b. Taylor used the backhoe for three (3) hours to dig the ditch. c. Taylor's personal use of the backhoe did not occur on township time. d. Township rental rates for the backhoe in 1998 were $40.00 per hour. e. Taylor did not pay the township a rental fee for the use of the backhoe. f. Taylor realized a private pecuniary benefit of $120.00 for this use of the backhoe. 1. Financial gain based on three (3) hours usage at $40.00 per hour. g. Taylor did not use the township's equipment to backfill the trench. h. Taylor's personal use of the backhoe was not approved by either of the other two (2) supervisors. 20. Taylor used the township's grader to assist in leveling his driveway. a. Taylor made 2 passes with the township grader on his driveway which is approximately 150 feet in length. b. Taylor used the township's grader for two (2) hours to grade his driveway. c. Taylor did not pay the township a rental fee for the use of the grader. d. Township rental rates for the grader in 1998 were $40.00 per hour. e. Taylor realized a private pecuniary benefit of $80.00 from the personal use of the grader. 1. Financial gain calculation based on two (2) hours use at $40.00 per Taylor, 00- 056 -C2 Page 6 hour. f. Taylor's personal use of the grader did not occur on township time. g. Taylor's personal use of the grader was not approved by either of the other two (2) supervisors. 21. Taylor used the township backhoe during a snow storm in 1999 to remove snow from his driveway at 110 Peach Bottom Road. a. Taylor's personal use of the backhoe for snow removal took two (2) hours. b. Taylor did not pay the township a rental fee for the personal use of the backhoe. c. Township rental rates for the backhoe in 1999 were $40.00 per hour. d. Taylor realized a private pecuniary benefit of $80.00 for this use of the backhoe. 1. Financial gain calculation based on two (2) hours use at $40.00 per hour. e. Taylor's personal use of the backhoe did not occur on township time. f. Taylor's personal use of the backhoe was not approved by either of the other two (2) supervisors. 22. Taylor's compensation as roadmaster was annually set by the Fulton Township Board of Auditors. a. Township auditors annually approved Taylor's salary as roadmaster. b. Approved compensation did not include any form of overtime payments. c. Free personal use of township equipment was not an approved form of compensation. 23. Fulton Township Supervisors Glen Aument and Paul Hannum were aware of Taylor's personal use of township equipment. a. Neither supervisor authorized the free personal use. b. The board of supervisors collectively did not approve the personal use. c. Taylor did not seek either supervisors approval for the equipment usage. 24. Taylor asserts that he did not pay for the equipment rental because he was not compensated for all overtime hours worked. a. Township auditors did not approve overtime or free equipment usage for Taylor. 25. Taylor used township equipment on his personal property as needed. a. No other township official took advantage of the equipments availability. Taylor, 00- 056 -C2 Page 7 facts. 1. Road employee Tom Kirk used a township backhoe on one (1) occasion. b. Taylor did not log the equipment out or document its use in any manner. 26. Taylor received a private pecuniary benefit of $610.00 as the result of personal use of township equipment detailed in this report. Financial gain calculated as follows: a. Financial gain from 1996 use of backhoe for snow removal = $80.00 b. Financial gain from ten (10) uses of the mower = $250.00 c. Financial gain from 1998 use of backhoe for excavation work = $120.00 d. Financial gain from 1998 use of grader to install his driveway = $80.00 e. Financial gain from 1999 use of backhoe for snow removal = $80.00 Total = $610.00 27. Taylor did not reimburse Fulton Township for the value of the equipment rental. III. DISCUSSION: At all times relevant to this matter, the Respondent, William H. Taylor, hereinafter Taylor, has been a public official subject to the provisions of the Public Official and Employee Ethics Law ( "Ethics Act "), 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. The allegation is that Taylor, as a Fulton Township Supervisor, violated Section 3(a)/1103(a) of the Ethics Act when he used the authority of his office for a private pecuniary benefit by using township equipment on his personal property. Pursuant to Section 3(a) of the Ethics Act quoted above, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. Having noted the issues and applicable law, we shall now summarize the relevant After 11 years of employment with the Fulton Township Road Department, Taylor became a supervisor and full -time roadmaster in 1988. The township road department has various tools and equipment for the general care and maintenance of the township roads. The township rents the equipment to township residents at rates set annually by the supervisors. The various fees for hourly rentals for the calendar years 1995 to 2000 are set forth in Fact Finding 11. The township equipment is available for rental to the general public provided it does not interfere with normal township business. The rates are set somewhat high so as not to compete with local contractors. The supervisors do not actively advertise as to the availability of the township equipment for private rental. The actual rental of the equipment is done by obtaining the approval of just one of the supervisors. Since 1995, no township residents have rented township equipment for use on their personal property. In 1996, Taylor used the township backhoe during a snowstorm to clear his driveway which took approximately two hours. Taylor did not pay the township a rental fee which would have been $80. Taylor, 00- 056 -C2 Page 8 In that same year, Taylor used a township mower on two occasions to cut grass on a bank by his home. Based upon ten hours of usage by Taylor of the township mower, the rental that should have been paid would be $250. In May of 1998, Taylor began a site preparation to place a modular home on certain property. Taylor used the township's grader and backhoe for a driveway and an electrical service excavation. The equipment rental that Taylor should have paid for three hours of usage would be $120. Taylor used the township's grader to assist in leveling his driveway. Based upon two hours of usage at $40 per hour, Taylor should have paid the township $80 for the personal use that grader. During a snowstorm in 1999, Taylor again removed snow from his property using a township backhoe for two hours. The rental that should have been charged for the township equipment would be $80. The other supervisors were aware of Taylor's actions in using township equipment without paying any rental fees. Taylor did not seek approval from the supervisors and the supervisors collectively did not give approval to Taylor for using township equipment for personal purposes. Taylor, however, asserts that he did not pay rental for the equipment because he did not receive compensation for overtime hours that he worked for the township. The total private pecuniary benefit received by Taylor for the personal usage of the township equipment as detailed above was $610. Taylor has not reimbursed Fulton Township for the personal usage of such equipment. Having summarized the above relevant facts, we must now determine whether the actions of Taylor violated Section 3(a)/1103(a) of Act 9 of 1989. The actions by Taylor were uses of authority of office. But for the fact that Taylor is a supervisor, he could not have been in the position to take various township equipment and use such equipment on his property for personal purposes without paying any rental. See, Juliante, Order 809. The uses of authority of office by Taylor resulted in pecuniary benefits to him which consisted of the financial savings that Taylor made by not having to pay for the rental of such equipment. The pecuniary benefits were private because there is no provision in law which allows a supervisor to use government equipment for personal purposes. See, Friend, Order 800; Lucchino, Order 1031. Finally, the private pecuniary benefits inured to Taylor himself. Accordingly, violations of Section 3(a)/1103(a) occurred when Taylor used the authority of office to obtain private pecuniary benefits for himself by utilizing township equipment for personal purposes. 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, Taylor is directed within 30 days of the date of mailing of this Order to make payment of $610 through this Commission to Fulton Township. Compliance will result in the closing of this case with no further action. Non - compliance will result in the institution of an order enforcement action. Taylor is reminded that public office is a trust. In the future, Taylor must conform his conduct to the letter and spirit of the Ethics Act. IV. CONCLUSIONS OF LAW: 1. Taylor, as a Supervisor in Fulton Township, is a public official subject to the provisions of Act 9 of 1989, as codified by Act 93 of 1998. Taylor, 00- 056 -C2 Page 9 2. Taylor violated Section 3(a)/1103(a) of the Ethics Act when he used the authority of office to obtain private pecuniary benefits for himself by using township equipment for personal purposes. In Re: William H. Taylor ORDER NO. 1201 File Docket: 00- 056 -C2 Date Decided: 5/15/01 Date Mailed: 5/30/01 1, Taylor, as a Supervisor in Fulton Township, violated Section 3(a)/1103(a) of the Ethics Act when he used the authority of office to obtain a private pecuniary benefits for himself by using township equipment for personal purposes. 2. Taylor is directed within 30 days of the date of mailing of this Order to make payment through this Commission to Fulton Township in the amount of $610. a. Compliance will result in the closing of this case with no further action. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, DANEEN E. REESE, CHAIR