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HomeMy WebLinkAbout1205 AdamsIn Re: Joseph Adams, Sr. 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- 051 -C2 Order No. 1205 8/23/01 9/7/01 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 Act, Act 9 of 1989, P.L. 26, 65 P.S. §401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101 et seq., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Consent Agreement was subsequently approved. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. §1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending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. Adams, 00- 051 -C2 Page 2 I. ALLEGATION: That Joseph Adams, a public official in his capacity as a Supervisor for Pittston Township, Luzerne County, violated Sections 3(a)/1103(a), 3(f)/1103(f), 4(a)/1104(a) of the Ethics Act (Act 93 of 1998, 65 Pa.C.S. §1101 et seq.) when he used the authority of his office for the private pecuniary benefit of a member of his immediate family by authorizing township contracts with his son for tree trimming services in excess of $500 without an open and public process including prior public disclosure of all bids received; when he used the authority of his office for the private pecuniary benefit of his son by approving payments to his son for tree trimming services; when he failed to file Statements of Financial Interests for the 1998 and 1999 calendar years by May 1, 1999, and May 1, 2000; and when he back -dated forms for the 1998 and 1999 calendar years indicating dates filed as January 4, 1999, and January 4, 2000; and when he participated in actions resulting in the hiring of his son on a part -time basis and subsequently approved payments. II. FINDINGS: 1. Joseph Adams has served as a Pittston Township Supervisor since January 1998. a. During reorganization meetings of the board of supervisors in 1998, 1999 and 2000 Adams was appointed Vice - Chairman of the board. 1. In 1999 he was also appointed Treasurer and in 2000 he was appointed Vice Treasurer. 2. Adams has also been appointed the township roadmaster by the board of supervisors on an annual basis since 1998. a. Adams' duties as roadmaster include supervising the road crew. b. The road crew is responsible for maintenance of township roads and township property, including parks. 3. James Thomas has served as Pittston Township Secretary /Accountant since January 1998. a. Thomas' general job duties as township secretary /accountant includes recording township meeting minutes, soliciting bids for contracts, recording receipts and disbursements, making recommendations to the board for purchases and maintaining township records at the municipal building. 4. Since 1998 Thomas has been responsible for distributing Statements of Financial Interests to public officials /employees of the township, including Joseph Adams, Sr. 5. Prior to 1998 the Statements of Financial Interests were maintained by the township manager. a. Savino Bonita served as Pittston Township Manager prior to Thomas serving as Township Secretary /Accountant. 6. Prior to 1998 Bonita distributed blank forms to the members of the board of supervisors and other public officials for filing. a. Completed forms were returned to Bonita for storage. Adams, 00- 051 -C2 Page 3 b. Bonita placed the completed forms into a file specifically for them and stored the file in a locked filing cabinet at the township building. 7 Statements of Financial Interests for Pittston Township officials are currently maintained by Secretary /Accountant James Thomas at the Pittston Township Municipal Building. a. Statements of Financial Interests for Pittston Township are maintained in a locked file drawer located in Thomas' office. 1. Thomas' office is not located in a public area of the Township building. 2. Thomas' office is kept locked with only Thomas and Supervisor Anthony Attardo having keys. 8. In his capacity as Pittston Township Secretary, Thomas first became aware of the requirement for public officials and employees to file Statements of Financial Interests when informed by township resident James Musto on or about April 30, 1998. a. Musto obtained forms from the Luzerne County Courthouse for Thomas. 1. Musto does not specifically recall picking SFI's up at the courthouse but does recall discussing filing requirements with township officials. b. Thomas had township officials complete the forms for calendar year 1997 and file them prior to the May 1, 1998, filing deadline. c. Thomas placed these filings in the folder Bonita had used for the previous calendar years. d. The folder is placed in a file cabinet located in a non - public portion of the township building. 9. Statements of Financial Interests forms were annually mailed to Pittston Township in 1998, 1999 and 2000 by the Administrative Division of the State Ethics Commission. a. In 1998 blank forms were mass mailed to all Commonwealth municipalities on January 26, 1998. 1. These forms contained the State Ethics Commission form identification of SEC -1, Rev. 1/98. b. The 1999 forms SEC -1, Rev. 1/99 were bulk mailed on February 9, 1999. c. The 2000 forms SEC -1, Rev. 1/00 were bulk mailed on January 21, 2000. 10. The Pennsylvania State Ethics Commission contracts the printing of Statements of Financial Interests annually. a. In 1998, 1999 and 2000 the State Ethics Commission contracted with Vanguard Printing, Moore Business Forms and Digital Ink Printing Co. respectively. Adams, 00- 051 -C2 Page 4 b. Orders for forms are placed with the printers, in December of the preceding year. c. Forms are received by the Administrative Division of the State Ethics Commission in early to mid January of the filing year. d. Forms are then bulk mailed to each municipality in the Commonwealth of Pennsylvania. 11. Each year when forms are printed an identification date is listed in the upper left hand corner of the form. a. Forms printed in 1998 contained an identification date of SEC -1 1/98, while forms printed in 1999 and 2000 contained identification dates of SEC -1 1/99 and SEC -1 1/00. 12. Blank SFI forms were annually mailed by the Administrative Division to the Manager and Secretary of Pittston Township, 421 Broad Street, Pittston Township, PA 18640, in 1998, 1999 and 2000. 13. Since January 1998 Thomas has annually received blank Statements of Financial Interests forms from the State Ethics Commission at the township. 14. Adams filed a Statement of Financial Interests with Pittston Township for the 1997 calendar year on April 30, 1998. a. This was the year that Thomas was advised by James Musto of the filing requirement. 15. Adams filed Statements of Financial Interests as a candidate for Pittston Township Supervisor on March 6, 1997, and September 4, 1997. 16. Thomas did not distribute Statements of Financial Interests to township officials /employees in 1999 and 2000 for calendar years 1998 and 1999. a. This included former public officials who left office at the end of 1999. 17. Josephine DiGennari served as Pittston Township Supervisor from 1995 through December 1999. a. She was replaced on the board of supervisors by Anthony Attardo. b. Prior to 1998 DiGennari received blank Statements of Financial Interests from Manager Savino Bonito. 1. Completed forms were returned to Bonito. 18. DiGennari was not provided blank Statements of Financial Interests by Secretary James Thomas in 1999 and 2000. a. DiGennari would have filed for the 1998 calendar year by May 1, 1999, as a current public official. b. DiGennari would have filed for the 1999 calendar year by May 1, 2000, as a former public official. c. DiGennari subsequently filed Statements of Financial Interests for the 1998 Adams, 00- 051 -C2 Page 5 and 1999 calendar years with the State Ethics Commission on February 15, 2001. 19. Adams did not file a Statement of Financial Interests with Pittston Township for the 1998 calendar year by May 1, 1999. 20. Adams did not file a Statement of Financial Interests with Pittston Township for the 1999 calendar year by May 1, 2000. 21. On August 7, 2000, State Ethics Commission Special Investigator Patrick Kissell contacted Pittston Township by telephone requesting to review township records of meeting minutes, check ledgers and Statements of Financial Interests. a. Special Investigator Kissell requested the records be made available to him for review on August 9, 2000. 22. On August 9, 2000, Special Investigator Kissell traveled to the Pittston Township Building located at 421 Broad Street, Pittston Township, PA 18640, to review the requested documents. a. Special Investigator Kissell was met by a male seated behind the secretary's desk who informed him that township clerk Cindy Alaimo was out sick and Accountant James Thomas was also out. b. The male added that the requested documents were located in Thomas' office and that the office is locked. c. Special Investigator Kissell informed the individual that he would return on Tuesday, August 15, 2000. 23. On Tuesday, August 15, 2000, Special Investigators Patrick Kissell and Daniel Bender went to the Pittston Township Building to review the requested documents. 24. Statements of Financial Interests were provided to Kissell and Bender for the public officials /employees of the township. 25. Statements of Financial Interests on file with Pittston Township included the following filings by Adams: Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: All Other Financial Interests: Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: All Other Financial Interests: 1999 01/04/00 on SEC Form 1/00 Supervisor None Pittston Township Pittston Township None 1998 01/04/99 on SEC Form 1/00 Supervisor None Pittston Township Pittston Township None Adams, 00- 051 -C2 Page 6 Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: All Other Financial Interests: Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: All Other Financial Interests: Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: All Other Financial Interests: 1997 04/30/98 on SEC Form 1/98 Supervisor None Social Security None 1996 03/06/97 on SEC Form 1/97 Supervisor Candidate None None None Not listed 09/04/97 on SEC Form 1/97 Supervisor Candidate None None None 26. The Statements of Financial Interests on file for Adams for calendar years 1998 and 1999 were backdated to give the impression that the forms were filed by May 1, 1999, and May 1, 2000. a. The form filed by Adams for the 1998 calendar year was filed on SEC -1, Rev. 1/00 signed by Adams and dated January 4, 1999. 1. This form was not received by the State Ethics Commission from its printer until January 13, 2000, and not mailed to municipalities until January 21, 2000. 2. Adams' listed filing date of January 4, 1999, is more than a year prior to the form being printed and mailed to Pittston Township. b. The form filed by Adams for the 1999 calendar year was also filed on SEC -1, Rev. 1/00 which was not available to municipalities until at least January 21, 2000. 1. Adams' form was dated January 4, 2000, seventeen (17) days prior to the forms being mailed to the township. 27. Between August 7, 2000, and August 15, 2000, Township Secretary Thomas arranged for Statements of Financial Interests for calendar years 1998 and 1999 to be filed by Stephen Rinaldi, Police Chief; Anthony Attardo, Administrator/ Supervisor; Joseph Adams, Sr., Supervisor; John Paglianite, Supervisor; and Jeff Pisanchyn, Zoning Officer. a. Such was done after the State Ethics Commission investigator had requested to review the forms and prior to the actual review. b. Statements of Financial Interests for public officials and public employees of the township for calendar years 1998 and 1999 were not on file as of August 7, 2000. c. Thomas did not arrange to have Statements of Financial Interests filed for DiGennari, as she was no longer in office. Adams, 00- 051 -C2 Page 7 28. Thomas, on the basis of information contained in prior calendar year forms, filled out and dated the Statements of Financial Interests for township officials to create the appearance that they were filed in a timely manner. a. The officials placed their signature on the Statements of Financial Interests, Thomas filled in all other information on the forms, including the date. b. Thomas completed Statements of Financial Interests for Rinaldi, Attardo, Adams, Paglianite and Pisanchyn using forms with an identification date of SEC -1, Rev. 1/00. 29. Thomas dated SFI forms for Anthony Attardo, Joseph Adams, Sr., and John Paglianite on January 4, 1999, for calendar year 1998 and January 4, 2000, for calendar year 1999 respectively. a. Thomas used Statements of Financial Interests forms with a revision date of 1/00. b. These forms were not available to municipalities until at least January 21, 2000. c. These SFI's were completed by Thomas on or about August 11, 2000. d. These filings were backdated to create the impression of timely filing. 30. Adams signed and dated these Statements of Financial Interests in August of 2000 knowing that the dates of filing affixed at that time were not accurate. a. Adams signed the forms provided to him by Thomas which were dated. The following findings relate to the allegation that Joseph Adams participated in actions resulting in a contract between the township and his son for tree trimming services 31. Joseph Adams, Sr., has two sons: Joseph Adams, Jr., and Jeffrey Adams. 32. Jeffrey Adams resides at 1271 Suscon Road, Pittston Township. a. Jeffrey Adams' home is located next to his father's home. 33. Jeffrey Adams is employed on a full -time basis by the Pennsylvania Game Commission. a. Jeffrey Adams' specific job duties include operating equipment such as chainsaws, tractors and mowers. 34. Sometime prior to May 14, 2000, Joseph Adams, in his capacity as supervisor and township roadmaster, made a determination to cut trees located in the township at township expense. a. The subject trees were located on private property as well as on or abutting public property or rights of way. b. The township was not required to do so but, Adams made the decision to cut trees on private property as an accommodation to private land owners. Adams, 00- 051 -C2 Page 8 c. The trees to be cut were a nuisance to the private property owners. d. The trees were not a public nuisance. e. There were no legal necessities or emergencies which required the trees to be removed at township expense. 35. The location of the trees to be cut on private property were in the Suscon Road and Ridge Road areas of the township. a. Trees were also to be cut on township property in the area of Oriole Park. 1. A determination to cut a tree in Oriole Park was made following a determination that the tree was located on township property. 36. Adams made the determination to use the services of his son, Jeffrey Adams. a. Board members were unaware that Adams was going to contract with his son prior to the work being completed. b. After becoming aware that Adams hired his son, board members were of the opinion that Adams would have to deal with any legal repercussions as a result of hiring his son. 37. The decision to use the services of Jeffrey Adams for the tree removal on both private and township property was not approved by the board of supervisors during a public meeting. a. The decision was made solely by Joseph Adams, Sr. 38. There were no public advertisements seeking bids for the tree removal. a. Adams did solicit one verbal quote from a Joseph Wylick. 39. On or about May 18, 2000, Joseph Adams, Sr., prepared a handwritten bill on a ripped piece of paper and submitted it to the township clerk, Cindy Alaimo, which included the following: "Bill for cutting trees at Lower Brauntown Park, and trees in Suscon on Joseph Cattone land where sewer line went thru on are (sic) right of way. May 14, 00 this work was done. Labor $1,000" Signed Jeffrey Adams 40. The bill was prepared by Joseph Adams, Sr., and signed by his son, Jeffrey Adams. 41. Subsequent to the receipt of the handwritten bill, township secretary James Thomas prepared a formal invoice for Jeffrey Adams at the request of Supervisor Joseph Adams. a. The invoice was prepared using a township computer. b. The invoice was dated May 14, 2000, and listed an invoice No. 20514. 1. This invoice number was created by Thomas. Adams, 00- 051 -C2 Page 9 c. The amount of the invoice was $1,000. 42. Township Secretary James Thomas prepared a payment to Jeffrey Adams on May 19, 2000. a. The payment was made by check no. 3683 in an amount of $1,000 payable to Jeffrey Adams, drawn on Pittston Township Account No. 561113281. b. The check was signed by Township Supervisors Anthony Attardo and Joseph Adams, Sr. 43. Sometime between May 19, 2000, and June 19, 2000, Joseph Adams, Sr., authorized his son Jeffrey to cut additional trees in the township. 44. On or about June 19, 2000, Joseph Adams, Sr., prepared and submitted a handwritten bill for additional trees which were cut and /or trimmed by his son to Township Secretary James Thomas. a. The invoice was titled "Bill for Cutting Trees" to Pittston Township. b. The bill contained the following: 2 — Trees 40' to 50' cut and cleared 1 — Tree 60' Ridge Road cut and cleared 1 — Tree 30' Charge's cut and cleared 1 — Tree 60' topped and cleared $600.00 $300.00 $150.00 $300.00 $1,350.00 c. Handwritten on the paper was Jeff Adams. 45. On June 19, 2000, James Thomas prepared a township check for payment to Jeff Adams. a. The payment request was made by Supervisor Joseph Adams, Sr. 46. Pittston Township General Fund Account No. 561113281, check no. 3704, in the amount of $1,350 was issued to Jeff Adams on June 19, 2000. a. The check was signed by Supervisor John Paglianite and Supervisor Joseph Adams. 47. The procedure routinely used by Pittston Township for the payment of bills incurred by the township includes preparation of a bill list prepared by township personnel. a. Bill lists are presented to members of the board of supervisors prior to a meeting of the board. b. Bill lists are then voted on by the board during a scheduled board meeting. 48. After bill lists are approved for payment, checks are prepared by township staff for board members' signatures. a. All checks require the signature of two board members. b. All three Pittston Township supervisors, including Joseph Adams, have signature authority for township checking accounts. Adams, 00- 051 -C2 Page 10 49. The payments made to Jeffrey Adams did not follow standard procedures utilized by Pittston Township. a. The invoices did not appear on any bill list to be approved for payment. b. The invoices were not formally approved for payment by the board. 50. Joseph Adams, Sr.'s use of the authority of his office in selecting his son to cut and trim trees and subsequent signing of checks authorizing payment resulted in a private pecuniary gain to Jeff Adams in an amount of $2,350.00. a. Check No. 3683 $1,000.00 b. Check No. 3704 $1 350.00 $2,350.00 The following findings relate to the allegation that Joseph Adams, Sr., participated in the hiring of his son for part -time employment with Pittston Township 51. Joseph Adams, Jr., is the son of Pittston Township Supervisor, Joseph Adams, Sr. 52. Pittston Township employs a two man road crew and an employee to maintain the parks. a. The employee assigned to the parks cuts and trims grass and performs other functions related to the parks. 53. The road crew and parks employee are supervised by the roadmaster. a. Supervisor Joseph Adams, Sr., supervised these employees in 2000. 54. In 2000 Rocco Pollicare was employed by Pittston Township, working as the parks employee. 55. In or about July 2000 Pollicare went on extended leave after becoming disabled. 56. The township was in need of someone to fulfill the duties of the parks worker. a. Some duties were being performed by the road crew. 57. In July 2000 Joseph Adams, Sr., made the decision to hire his son, Joseph Adams, Jr., on a part -time basis as the parks employee. a. No other applicants were considered for the position. b. The availability of the position was not advertised. 58. The responsibility of hiring a part -time employee was delegated to Adams by the board of supervisors due to his position of roadmaster. a. Board members were aware of the need for a part -time employee to be hired. b. Board members were not aware that Adams intended to hire his son. 59. On or about July 31, 2000, Joseph Adams, Sr., authorized the hiring of his son, Joseph Adams, Jr., for a part -time position with the Parks Department. Adams, 00- 051 -C2 Page 11 60. Joseph Adams, Jr., was formally hired by the Pittston Township Board of Supervisors on August 21, 2000, twenty -two (22) days after being authorized to work by his father, Joseph Adams, Sr. a. The approval came during the regular meeting of the board of supervisors. b. The approval was made upon the vote of Supervisors Paglianite and Attardo. c. Joseph Adams, Sr., abstained from the vote. d. A $7.00 per hour rate of pay was approved. 61. Employees of Pittston Township are required to document hours through time cards and a time clock. a. Cards are "stamped" by the clock reflecting time started and time stopped. 62. Joseph Adams, Jr., did not use the time clock to document hours worked for Pittston Township. a. Time cards completed by Joseph Adams were handwritten indicating time of day started and time of day completed. 63. Time cards completed by Joseph Adams, Jr., were not reviewed or approved by any member of the board of supervisors. 64. Joseph Adams, Jr., completed a time card with a hand notation for week ending August 4, 2000. a. The week ending August 4, 2000, for Monday through Friday included dates of 07/31/00 through 08/04/00. b. Adams claimed hours worked totaling 38.5. 65. Pittston Township Payroll Account check no. 1108 was issued to Joseph Adams, Jr., on October 1, 2000, in the amount of $235.10. a. The check covered 38.5 hours worked for the week ending August 4, 2000, at $7.00 per hour. b. Check no. 1108 was signed by Supervisors John Paglianite and Joseph Adams, Sr. 66. Check No. 1108 was not approved for payment during a board of supervisors meeting. 67. Two additional time cards were handwritten and submitted by Joseph Adams. a. The time cards are not dated. b. The one time card is for three (3) days for the hours of 8:00 a.m. to 4:30 p.m. for a total of twenty -four (24) hours. c. The second time card lists hours for six days for a total of twenty (20) hours. d. A total of 44 hours is recorded. Adams, 00- 051 -C2 Page 12 68. On September 20, 2000, Pittston Township General Fund Account check no. 1164 was issued to Joseph Adams, Jr., in the amount of $248.93. a. The check is signed by Supervisors Anthony Attardo and Joseph Adams, Sr. 69. Check No. 1164 was not formally approved by the board of supervisors nor part of any bill list. 70. Joseph Adams, Sr., used his position of township supervisor and roadmaster to secure a part -time position for his son with the township. a. Adams selected his son for the position and considered no other applicants. b. Adams authorized his son to begin work on July 31, 2000, twenty -two (22) days prior to the vote of the board of supervisors . c. Adams signed both checks issued to his son. 71. Supervisor Adams' actions resulted in a private pecuniary gain of $484.03 for his son Joseph Adams, Jr. 72. Joseph Adams, Sr., did not obtain approvals by the board of supervisors to secure employment for his sons with Pittston Township. a. Adams authorized the contracting of one son and the hiring of another son without board approval. b. Adams bypassed standard payment procedures to authorize payments to sons without approvals by the board at public meetings. III. DISCUSSION: At all times relevant to this matter, the Respondent, Joseph Adams, Sr., hereinafter Adams, 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 allegations are that Adams violated Sections 3(a)/1103(a), 3(f)/1103(f), and 4(a)/1104(a) of the Ethics Act when he authorized township contracts with his son for tree trimming services in excess of $500 without an open and public process; when he approved payments to his son for tree trimming services; when he failed to file Statements of Financial Interests (FIS's) for the 1998 and 1999 calendar years by May 1, 1999, and May 1, 2000; when he back -dated forms for the 1998 and 1999 calendar years indicating dates filed as January 4, 1999, and January 4, 2000; and when he participated in actions resulting in the hiring of his son on a part -time basis and subsequently approved payments to his son. 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. The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows: Section 2/1102. Definitions Adams, 00- 051 -C2 Page 13 "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 P.S. §402/65 Pa.C.S. §1102. Section 3(a)/1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 3(f)/1103(f) of the Ethics Act imposes certain restrictions as to contracting. Section 3(f)/1103(f) of Act 9 of 1989/Act 93 of 1998 provides: Section 3/1103. Restricted activities (f) No public official or public employee or his spouse or child or any business in which the person or his spouse or child is associated shall enter into any contract valued at $500 or more with the governmental body with which the public official or public employee is associated or any subcontract valued at $500 or more with any person who has been awarded a contract with the governmental body with which the public official or public employee is associated, unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the public official or public employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. Any contract or subcontract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of the making of the contract or subcontract. 65 P.S. §403(f)/65 Pa.C.S. §1103(f). Section 3(f)/1103(f) specifically provides in part that no public official /public employee or spouse or child or business with which he or the spouse or child is associated may enter into a contract with his governmental body valued at five hundred dollars or more or any subcontract valued at five hundred dollars or more with any person who has been awarded a contract with the governmental body with which the public official /public Adams, 00- 051 -C2 Page 14 employee is associated unless the contract is awarded through an open and public process including prior public notice and subsequent public disclosure. Section 4/1104. Statement of financial interests required to be filed. (a) Public official or public employee. - -Each public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the commission no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Each public employee and public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the department, agency, body or bureau in which he is employed or to which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Persons who are full - time or part -time solicitors for political subdivisions are required to file under this section. 65 P.S. § 404(a)/65 Pa. C. S. §1104(a). Section 4(a)/1104(a) of the Ethics Act quoted above requires that each public official /public employee must file an FIS for the preceding calendar year, each year that he holds the position and the year after he leaves it. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are reproduced above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. The stipulated facts relate to three separate courses of conduct by Adams: the filing and backdating of FIS's by Adams, the hiring of one of his sons to perform tree cutting services at township expense, and the hiring of his other son as a part -time township employee. We shall first set forth the facts as to the FIS issues. Adams has served as a Pittston Township Supervisor and as the appointed Roadmaster since 1998. Prior to 1998, the township had a manager who distributed blank FIS forms to the board, including Adams, and other township officials /employees who were required to file. Once the FIS's were returned to the manager, she placed them in a locked filing cabinet in the township building. In 1998, the township employed James Thomas (Thomas) as the secretary and accountant. Thomas' duties and responsibilities include recording township minutes, soliciting bids for contracts, recording receipts and disbursements, making recommendations to the board for purchases, and maintaining township records. Thomas did not become aware of the FIS filing requirement for the supervisors and other individuals until he was advised by a township resident in late April of 1998. After the Adams, 00- 051 -C2 Page 15 required individuals completed the FIS form for the 1997 calendar year, Thomas placed the filings in a folder which was locked in a file cabinet in a non - public portion of the township building. Adams filed his FIS for the 1997 calendar year on April 30 of 1998. As to the FIS forms, this Commission contracts with a printing service each December to do a bulk printing of FIS's which are received by the Administrative Division of the Commission in early to mid - January of the filing year. Thereafter, the FIS forms are bulk mailed to each municipality in the Commonwealth of Pennsylvania. The 1998 blank FIS forms were mass mailed to municipalities on January 26, 1998, showing a printing identification of SEC -1, REV. 1 -98. The 1999 blank FIS forms were mass mailed to municipalities on February 9, 1999, showing a printing identification of SEC -1, REV. 1 -99. The 2000 blank FIS forms were mass mailed to municipalities on January 21, 2000, showing a printing identification of SEC -1, REV. 1 -00. Although Thomas annually received the blank FIS's since January 1998, he did not distribute them to the township officials /employees in 1999 and 2000 for the calendar years 1998 and 1999. Adams did not file FIS's for the 1998 and 1999 calendar years by the following respective May 1 St deadlines. In August of 2000, a special investigator of the Commission traveled to Pittston Township to review certain records including FIS's. Even though the investigator had requested that the records be available for him on August 9, 2000, he was informed when he arrived on that date that the requested documents were located in the locked office of Thomas who was out on that day. The investigator advised that he would return on August 15, 2000. When two special investigators of the Commission arrived on that latter date, they were supplied with FIS's for the officers and employees of Pittston Township. The FIS's for Adams for the calendar years 1998 and 1999 were backdated to give the impression that the forms were filed by the following respective May 1 St deadlines. Adams signed and dated the FIS's in August of 2000 knowing that the affixed dates were not accurate. Based upon information contained in prior calendar year FIS forms, Thomas completed the forms for Adams for calendar years 1998 and 1999 and wrote a filing date of January 4, 1999, and January 4, 2000, respectively. The FIS forms for Adams were prepared by Thomas on August 11, 2000. Adams signed the FIS forms as prepared and dated by Thomas. Having set forth the facts as to the FIS issue, we will now summarize the facts as to the hiring and contracting of Adams' two sons. Adams has two sons, Joe, Jr. and Jeffrey. In May 2000, Adams, in his capacity as Supervisor and Roadmaster decided to cut down certain trees located in the township. The trees were located on both private as well as public property. Even though the trees were not a public nuisance and there was no legal necessity to cut and remove the trees, Adams used the services of his son, Jeffrey, for that project at township expense. The board members were unaware that Adams took such action. There was neither any public advertisement seeking bids for the tree removal nor any action by the board of supervisors during a public meeting approving such action. In May of 2000, Adams prepared and submitted a bill for Jeffrey in the amount of $1,000 to the township clerk. The township secretary then prepared a payment to Jeffrey by a check which was signed by Township Supervisors Attardo and Adams. In June of 2000, Adams prepared and submitted a second bill in the amount of $1,350 for additional tree cutting services that were completed by Jeffrey. Adams requested the township secretary to prepare a township check in payment. The check was signed by Supervisors Paglianite and Adams and was then issued to Jeffrey. Adams, 00- 051 -C2 Page 16 The township has a procedure for the payment of bills. Bills are presented to the board of supervisors prior to a meeting and are then voted upon at the scheduled meeting. In this case payments to Jeffrey did not follow that procedure. Bills for Jeffrey did not appear on any bill list, nor did the board vote to approve payment to Jeffrey. Adams used his position to hire his son to cut down the trees and authorize payments totaling $2,350. The last matter involves the facts concerning Adams hiring his other son to a position of part -time employment with the township. After one of the township's park employees went on extended leave after becoming disabled, a need arose for someone to perform park duties. The responsibility for hiring a part -time employee was delegated by the board of supervisors to Adams who decided to hire his son, Joe, Jr., on a part -time basis as a parks employee. The position was not advertised and no other applicant was considered. On July 31, 2000, Adams hired his son, Joe, Jr., for a part -time position with the parks department. Twenty -two days later on August 21, 2000, Joe, Jr. was formally hired by the board of supervisors. Adams abstained as to that vote. Although township employees are required to document work hours through the use of time cards and a time clock, Joe, Jr. did not use the time clock for his work at the township. Joe, Jr. submitted time cards which were not reviewed or approved by the board of supervisors. The submission of the time cards by Joe, Jr. resulted in his receipt of two township checks for $235.10 and $248.93. Neither payment to Joe, Jr. was approved for payment by the board of supervisors. Adams cosigned both of the checks issued to his son, Joe, Jr., which totaled $484.03. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations. The Consent Agreement proposes that this Commission find that: 1. Adams violated Section 4(a)/1104(a) of the Ethics Act when he failed to timely file and properly date his FIS's for the 1998 and 1999 calendar years; 2. Adams violated Section 3(a) /1103(a)of the Ethics Act when he hired his son, Jeff Adams, to perform tree cutting and trimming services on two occasions in May and June of 2000 on public and private property at township expense and cosigned checks approving payments to his son; 3. Adams violated Section 3(f)/1103(f) of the Ethics Act in May and June 2000 when he participated in the awarding of two contracts with Pittston Township for tree cutting /trimming services in excess of $500 to his son, Jeff Adams, without an open and public process; 4. Adams violated Section 3(a)/1103(a) of the Ethics Act when he hired his son, Joseph Adams, Jr., for part -time township employment from July through September 2000 and cosigned checks approving payments to his son; and 5. Adams will make payment of $1,700 within 30 days of the date of issuance of this Order through this Commission to the Commonwealth of Pennsylvania. Adams, as a Pittston Township Supervisor, is a public official required to annually file an FIS on or before May 1 st for the prior calendar year. In this case, not only did Adams fail to file an FIS for calendar years 1998 and 1999 on or before the May 1st deadline, he signed his name to backdated FIS's prepared by Thomas on forms that were not in print or mailed out by this Commission at the time of the purported filing. Adams, 00- 051 -C2 Page 17 Accordingly, Adams violated Section 4(a)/1104(a) of the Ethics Act when he failed to timely file and properly date FIS's for the calendar years 1998 and 1999. Regarding the tree cutting services provided by Jeffrey Adams, there were uses of authority of office by Adams. But for the fact that Adams was a supervisor, he would not have been in a position to determine that trees would be cut down at township expense and then hire his son, Jeffrey, to perform such services. In addition, Adams took action to ensure that Jeffrey would be paid for his services even though that matter did not go to the board of supervisors for approval of payment. Adams also cosigned checks that were payable to Jeffrey for the tree cutting services. Such actions were uses of authority of office. See, Juliante, Order 809. Such uses of authority of office resulted in private pecuniary benefits to Jeffrey consisting of the payments he received for performing the tree cutting services for the township. Lastly, that private pecuniary benefit inured to Jeffrey, who, as Adams' son, is a member of his immediate family as that term is defined under the Ethics Act. Accordingly, Adams violated Section 3(a)/1103(a) of the Ethics Act when he hired his son, Jeffrey Adams, to perform tree cutting and trimming services on two occasions in May and June of 2000 at township expense and cosigned checks approving payments to his son. As to such tree cutting services, a contract existed between the township and Jeffrey for performing such services. When a contract is $500 or more, the Ethics Act requires that the contracting be done through an open and public process. However, in this case, there was no public advertisement for bids and no consideration of any other individual to perform such services. Adams violated Section 3(f)/1103(f) of the Ethics Act in May and June 2000 when his son, Jeffrey, entered into two contracts with Pittston Township for tree cutting /trimming services in excess of $500 without an open and public process. As to the employment by the township of Adams' son, Joe, Jr., the record reflects that there was a use of authority of office on the part of Adams in making the decision to hire his son to that position. There were also uses of authority of office on the part of Adams when he cosigned checks in payment to his son. Such uses of authority of office resulted in private pecuniary benefits consisting of the payments totaling $484.03 that Joe, Jr. received. Joe, Jr., as Adams' son, is a member of his immediate family as that term is defined under the Ethics Act. Accordingly, Adams violated Section 3(a)/1103(a) of the Ethics Act when he hired his son, Joseph Adams, Jr., for part -time employment with the township from July through September 2000 and cosigned checks approving payments to his son. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, Adams is directed to make payment of $1,700 within 30 days of the issuance of this Order through this Commission to the Commonwealth of Pennsylvania. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. Adams, as a Supervisor in Pittston Township, is a public official subject to the provisions of Act 9 of 1989/Act 93 of 1998. 2. Adams violated Section 4(a)/1104(a) of the Ethics Act when he failed to timely file and properly date his Statements of Financial Interests for the 1998 and 1999 calendar years. Adams, 00- 051 -C2 Page 18 3. Adams violated Section 3(a)/1103(a) of the Ethics Act when he hired his son, Jeffrey Adams, to perform tree cutting and trimming services on two occasions in May and June of 2000 on public and private property at township expense and cosigned checks approving payments to his son. 4. Adams violated Section 3(f)/1103(f) of the Ethics Act in May and June 2000 when he participated in the awarding of two contracts with Pittston Township for tree cutting /trimming services in excess of $500 to his son, Jeffrey Adams, without an open and public process. 5. Adams violated Section 3(a)/1103(a) of the Ethics Act when he hired his son, Joseph Adams, Jr., for part -time employment with the township from July through September 2000 and cosigned checks approving payments to his son. In Re: Joseph Adams, Sr. ORDER NO. 1205 File Docket: 00- 051 -C2 Date Decided: 8/23/01 Date Mailed: 9/7/01 1 Adams, as a Supervisor in Pittston Township, violated Section 4(a)/1104(a) of the Ethics Act when he failed to timely file and properly date his Statements of Financial Interests for the 1998 and 1999 calendar years. 2. Adams violated Section 3(a)/1103(a) of the Ethics Act when he hired his son, Jeffrey Adams, to perform tree cutting and trimming services on two occasions in May and June of 2000 on public and private property at township expense and cosigned checks approving payments to his son. 3. Adams violated Section 3(f)/1103(f) of the Ethics Act in May and June 2000 when he participated in the awarding of two contracts with Pittston Township for tree cutting /trimming services in excess of $500 to his son, Jeffrey Adams, without an open and public process. 4. Adams violated Section 3(a)/1103(a) of the Ethics Act when he hired his son, Joseph Adams, Jr., for part -time employment with the township from July through September 2000 and cosigned checks approving payments to his son. 5. Per the Consent Agreement of the parties, Adams is directed to make payment of $1,700 within 30 days of the issuance of this Order through this Commission to the Commonwealth of Pennsylvania. a. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, DANEEN E. REESE, CHAIR