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Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter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