HomeMy WebLinkAbout1221 DoatyIn Re: Linda Doaty
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Daneen E. Reese, Chair
John J. Bolger
Frank M. Brown
Susan Mosites Bicket
Donald M. McCurdy
Michael Healey
00- 055 -C2
Order No. 1221
11/15/01
11/30/01
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 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.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11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.
Doaty, 00- 055 -C2
Page 2
I. ALLEGATION:
That Linda Doaty, a public official in her capacity as a Roberson [sic] Township
Supervisor, Berks County, violated Sections 3(a)/1103(a), 3(f)/1103(f), and 4(a)/1104(a) of
the Ethics Act (Act 93 of 1998) when she used the authority of her office for a private
pecuniary benefit of herself and a business with which she and members of her immediate
family are associated by participating in discussions and actions of the board of supervisors
resulting in Doaty's Garage, a business owned and operated by Linda Doaty and her
husband, being selected to do towing and storage of vehicles within the township; and when
a business with which she is associated, Doaty's Storage, was awarded contracts to repair
township police vehicles without an open and public process; and when she failed to file a
Statement of Financial Interests for calendar year 1995 by May 1, 1996.
II. FINDINGS:
1. The Investigative Division of the State Ethics Commission received a signed, sworn
complaint alleging that Linda Doaty 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 12, 2000, a letter was forwarded to Linda Doaty, by the Executive Director
of the State Ethics Commission informing her that a complaint against her 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 3728.
b. The domestic return receipt bore the signature of Richard Doaty, with a delivery
date of October 13, 2000.
5. On January 24, 2001, 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 February 26, 2001, granting the ninety day
extension.
7. On April 25, 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 May 15, 2001, granting the ninety day extension.
9. Periodic notice letters were forwarded to Linda Doaty in accordance with the
provisions of the Ethics Law advising her of the general status of the investigation.
10. The Investigative Complaint was mailed to the Respondent on September 18, 2001.
11. Linda Doaty has served as a Robeson Township, Berks County, Supervisor since
1992.
12. Linda Doaty's husband, Richard Doaty, owns and operates Doaty's Garage, 1306
Cocalico Road, Birdsboro, PA 19508.
a. Doaty's Garage has been in operation since approximately 1969.
Doaty, 00- 055 -C2
Page 3
b. Doaty's Garage is not an incorporated business entity in the Commonwealth of
PA.
c. Doaty's Garage offers mechanical repairs, towing, vehicle storage and U -Haul
rental services.
d. Doaty's Garage is a family run business.
13. Linda Doaty performs bookkeeping functions for Doaty's Garage.
14. Linda Doaty disclosed Doaty's garage as a source of income annually on Statements
of Financial Interests forms that she filed in her capacity as a Robeson Township,
Berks County Supervisor since 1992.
15. Statements of Financial Interests forms on file with Robeson Township include the
following filings by Doaty by May 1 of each year for the prior calendar year.
a. Calendar Year:
Filed:
Position:
Creditors:
Direct /Indirect Income:
All other Financial Interests:
Calendar Year:
Filed:
Position:
Direct /Indirect Income:
All other Financial Interests:
Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
All other Financial Interests:
Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
All other Financial Interests:
Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
2000
01/09/01 on SEC Form 1/01
Supervisor
None
Doaty's Garage, Berks County Bank, M &T Bank
None
2000
03/02/01 on SEC Form 1/01
Supervisor Candidate
M &T Bank, Nationwide Insurance,
Robeson Township, Doaty's Garage
None
1999
04/22/00 — SEC 1- Rev. 1/99
Township Supervisor
None
None
Keystone Financial; Bank of PA;
Doaty's Garage
None
1998
04/13/99 — SEC 1- Rev. 1/99
Township Supervisor
None
None
Berks Co. Bank; Bank of PA;
ARGO Fed. Credit Union; Doaty's Garage
None
1997
02/21/98 — SEC 1- Rev. 1/98
Township Supervisor
None
None
Berks County Bank; Doaty's Garage;
Doaty, 00- 055 -C2
Page 4
All other Financial Interests:
Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
All other Financial Interests:
Calendar Year:
No forms filed
Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
All other Financial Interests:
Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
All other Financial Interests:
Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
All other Financial Interests:
Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
All other Financial Interests:
Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Keystone Financial; Bank of PA
None
1996
02/25/97 — SEC 1- Rev. 1/97
Township Supervisor
None
None
Doaty's Garage; ARGO Employees Federal
Credit Union; Bank of Pa
None
1995
1994
02/28/95 — SEC 1- Rev. 1/95
Township Supervisor - Candidate
None
None
Doaty's Garage; ARGO Federal Credit Union;
Bank of PA
None
1994
01/31/95 — SEC 1- Rev. 1/94
Township Supervisor
None
None
Doaty's Garage; ARGO Federal Credit Union;
Bank of PA
None
1993
04/14/94 — SEC 1- Rev. 1/94
Township Supervisor
None
None
ARGO Federal Credit Union; Bank of PA;
Doaty's Garage
None
1992
01/18/92 — SEC 1- Rev. 1/90
Township Supervisor
None
None
ARGO Federal Credit Union; PA National
Bank; Nationwide Insurance; Dauphin Deposit
Bank; Doaty's Garage
None
1991
04/28/92 — SEC 1- Rev. 1/90
Township Supervisor
None
None
Doaty, 00- 055 -C2
Page 5
Direct /Indirect Income: ARGO Federal Credit Union; Bank of PA;
Pa National Bank
All other Financial Interests: None
16. Doaty filed a Statement of Financial Interests form for calendar year 1995 with the
State Ethics Commission on October 20, 2000.
a. Doaty filed this form in response to the Notice of Investigation sent to her dated
October 12, 2000. (See Finding No. 4).
b. Doaty's SFI for calendar year 1995 included the following financial information:
Calendar Year: 1995
Filed: 10/17/00 on SEC Form 1/00
Position: Township Supervisor
Creditors: None
Direct /Indirect Income: Keystone Financial, Doaty's Garage, Argo
Employees FCU
All Other Financial Interests: None
17. Doaty's Garage has been performing mechanical repair to the township police and
road department vehicles on an as needed basis since as early as 1970.
a. Doaty's Garage has also performed towing services at the request of township
police as early as the 1970's.
18. Doaty's Garage has been the primary business used to repair township police vehicles
since Linda Doaty became a township supervisor back in 1992.
a. Doaty's Garage provided routine maintenance including oil changes, brake,
exhaust, suspension and state inspection work.
b. Other mechanical repair services were provided on an as- needed basis.
c. Doaty's Garage was never required to submit bids to perform repairs to
township vehicles.
19. Robeson Township does not solicit bids for the routine care and maintenance of
township police or road department vehicles.
a. The township's police chief and road foreman are responsible for identifying the
business to be used and arranging for the work to be completed.
b. The board of supervisors were never contacted unless a major repair was
needed such as an engine or transmission failure.
c. Warranty work is handled by dealerships where vehicles were purchased.
20. Payments issued by the township to Doaty's Garage were generated as the result of
invoices submitted by Doaty's.
a. Doaty's Garage invoices were reviewed and approved for payment by the
department head, usually the police chief or public works director.
b. After approval by the department head, Doaty's Garage bills were combined
with other township bills to form a monthly bill list.
Doaty, 00- 055 -C2
Page 6
21. Bill lists are prepared by township administrative staff for supervisors approval.
a. Bill lists are provided to the supervisors the day of the meeting along with their
meeting packet for review.
b. The bill lists themselves are voted on in their entirety.
22. The issue of whether the township could continue to use Doaty's Garage for the repair
of vehicles was discussed with Township Solicitor John A. Hoffert, Jr., once Doaty took
office in 1992.
23. On February 18, 1992, Township Solicitor John A. Hoffert, Jr., issued the opinion that
" Doaty's can still be used, provided Mrs. Doaty refrains from voting on any such
expenditures."
a. Hoffert did not provide Linda Doaty with any advice relating to signing checks
issued as payment to Doaty's.
b. Doaty did not seek any advice from the State Ethics Commission on this matter.
24. Bill lists and official action taken to approve the payment of bills are included as part of
supervisors meeting minutes.
25. Since February 21, 1995, the board of supervisors took action 73 times approving
payments totaling $18,754.05 to Doaty's Garage. Annual totals were as follows:
a. Year
1995
1996
1997
1998
1999
2000
2001 (to date)
Total
Meeting Date
11/21/95
03/19/96
04/15/97
10/17/00
Total
No. of Payments
9
11
11
13
12
13
4
73
Total Payments
$ 2,184.64
$ 1,428.50
$ 2,453.10
$ 4,158.80
$ 2,406.94
$ 4,641.96
$ 1, 480.10
$ 18,754.05
b. None of these repairs were put out for bid.
26. Meeting minutes confirm that Doaty participated in four (4) separate board actions
approving payments totaling $747.90 to Doaty's Garage since 1995.
a. Individual votes occurred as follows:
Recorded
Check No. Amount Action Vote
15680 $ 14.00 Vote 5 -0
15942 $ 173.10 Vote 5 -0
16855 $ 282.40 Vote 5 -0
3164 $ 278.40 Vote 3 -0
$ 747.90
Check Signed
By Doaty
Yes
Yes
No
Yes
27. Doaty participated in official action taken to approve the four (4) payments listed in the
previous finding after being specifically directed by the township solicitor to abstain
from such actions.
a. Doaty also signed the front side of check numbers 11680, 15942 and 3164
along with two (2) other township supervisors.
Doaty, 00- 055 -C2
Page 7
28. Checks issued to Doaty's Garage were prepared by township administrative staff for
supervisors' signatures.
a. Checks are manually signed by three (3) supervisors.
b. All five (5) supervisors have signature authority on township accounts.
29. Linda Doaty regularly signed the front side of township checks made payable to
Doaty's Garage.
a. Doaty did not seek any legal advice on the propriety of signing the front side of
township checks payable to Doaty's Garage.
30. Since October 17, 1995, Linda Doaty signed the front side of thirty -three (33) township
checks totaling $6,326.00 which were made payable to Doaty's Garage. The following
checks were signed by Doaty in her official capacity as a township supervisor:
Check Date Check No. Amount Signed
10/17/95 15680 $ 14.00 Yes
12/19/95 15812 28.20 Yes
01/16/96 15880 25.20 Yes
02/20/96 15942 173.10 Yes
04/16/96 16084 145.15 Yes
07/16/96 16301 58.20 Yes
09/17/96 16448 134.60 Yes
10/15/96 16513 47.70 Yes
1996 Total $ 626.15
Check Date Check No. Amount Signed
01/21/97 16730 $ 287.55 Yes
04/15/97 16928 231.60 Yes
05/20/97 16982 191.25 Yes
07/15/97 17114 28.20 Yes
08/19/97 17173 542.05 Yes
09/16/97 17243 305.75 Yes
10/21/97 17319 54.70 Yes
11/18/97 17391 185.75 Yes
1997 Total $ 1,826.85
12/16/97 17453 $ 489.05 Yes
02/17/97 17583 217.50 Yes
05/19/98 1100 129.40 Yes
08/18/98 1293 375.00 Yes
09/15/98 1356 30.70 Yes
11/17/98 1497 306.00 Yes
1998 Total $ 1,547.65
Check Date Check No. Amount Signed
01/19/99 1643 $ 33.20 Yes
02/16/99 1706 140.00 Yes
06/10/99 1976 33.70 Yes
1999 Total $ 206.90
Doaty, 00- 055 -C2
Page 8
Check Date Check No. Amount Signed
01/27/00 2503 $ 63.40 Yes
02/15/00 2536 366.60 Yes
04/18/00 2678 121.80 Yes
05/16/00 2745 274.25 Yes
07/18/00 2988 575.35 Yes
08/15/00 3074 182.05 Yes
10/17/00 3164 278.40 Yes
2000 Total $ 1,861.85
Check Date Check No. Amount Signed
04/17/01 3558 $ 256.60 Yes
2001 Total $ 256.60
31. Township checks made payable to Doaty's Garage were deposited into the business
account of Doaty's Garage.
a. Linda Doaty handles bookkeeping functions for Doaty's Garage.
32. Since August 16, 1995, two (2) individual repair invoices from Doaty's Garage were in
excess of $500.00.
a. Neither repair was put out for bid.
b. Several payments covering multiple invoices were made in excess of $500.00.
33. On September 1, 1999, Doaty's Garage invoiced the township for repairs to a 1997
Ford Explorer police cruiser in the amount of $561.50.
a. Specific repairs included:
Front Brake Pads: $ 78.00
Front Gas Shocks: $ 146.50
Rear HD Gas Shocks: $ 171.00
Labor: $ 144.00
State Inspection: $ 22.00
Total $ 561.50
b. These repairs were not put out for bid.
c. This repair invoice was approved by Police Chief Mark T. Phillips.
d. Phillips deemed that the work needed to be completed immediately to put the
cruiser back in service as soon as possible.
e. Phillips did not seek phone quotes from any other repair facilities.
f. Phillips did not advise any member of the board of supervisors, including Doaty,
of the repairs.
g. These repairs did not go before the board of supervisors for any discussions
prior to being completed.
34. Linda Doaty abstained from board action taken on September 26, 1999, to approve
Doaty, 00- 055 -C2
Page 9
payments totaling $711.89 to Doaty's Garage.
a. Included in the $711.89 total was payment for the $561.50 invoice detailed in
the previous finding.
35. On November 7, 2000, Doaty's Garage invoiced the township for repairs to a 1995
Ford Crown Victoria in the amount of $550.15.
a. Specific repairs included:
Catalytic converter pipe assembly: $ 482.25
Exhaust gasket: $ 6.50
Nuts /bolts /washers: $ 1.40
Labor: $ 60.00
Total $ 550.15
b. These repairs were not put out for bid.
c. This repair invoice was approved by Township Public Works Director Ronald
Rhoads.
d. Rhoads deemed that the work needed to be completed immediately to keep this
vehicle in service.
e. These repairs did not go before the board of supervisors for any discussions
prior to being completed.
f. Rhoads obtained a phone quote from Kachel Ford, Reading, PA, in excess of
$600.00 for this repair work.
g.
Rhoads directed that the repairs be performed by Doaty's Garage.
36. Linda Doaty abstained from board action taken on November 21, 2000, to approve
payments totaling $986.45 to Doaty's Garage.
a. Included in the $986.45 total was payment for the $550.15 invoice detailed in
the previous finding.
37. Doaty's Garage operates on a twenty percent (20 %) markup on automobile repair
parts that it sells.
38. Doaty Garage's markup on parts associated with the two (2) repair invoices in excess
of $500.00 which were put out for bid are as follows:
a. September 1, 1999, invoice: 1997 Ford Explorer
Parts Total Charge 20% Markup
Front Brake Pads $ 78.00 $ 15.60
Front Gas Shocks $ 146.50 $ 29.30
Rear HD Gas Shocks $ 171.00 $ 34.20
Total $ 395.50 $ 79.10
b. November 7, 2000, invoice: 1995 Ford Crown Victoria
Parts Total Charges 20% Markup
Catalytic Converter Assy: $ 482.25 $ 96.45
Exhaust Gasket $ 6.50 $ 1.30
Nuts /Bolts /Washers $ 1.40 $ .28
Doaty, 00- 055 -C2
Page 10
Total
$ 490.15 $ 98.03
39. Doaty's Garage realized a profit of $177.13 associated with the sale of parts for
repairs to township vehicles detailed in the previous finding.
a. Profit on September 1, 1999, invoice $79.10.
b. Profit on November 7, 2000, invoice $98.03.
40. Doaty's Garage also realized a profit in the amount of $44.50 from the sale of parts
contained on invoices paid as part of the four (4) bill lists Linda Doaty voted to
approve.
41. Parts associated with each bill list is as follows:
Meeting Date Check No. Parts
11/21/95 15680 None
03/19/96 15942 Oil Filter
1073 Bulb
Oil Filter
Brake Pads
04/15/97 16855 Oil Filter
Brake Pads
Spark Plugs
Air Filter
Fuel Filter
PCV Valve
10/17/00 3164 None
Total
Invoice Amt.
.00
$ 9.20
$ 1.85
$ 9.20
$ 53.85
$ 9.20
$ 80.85
$ 24.00
$ 12.60
$ 15.85
$ 5.90
.00
$ 22.50 [sic]
20% Profit
.00
$ 1.84
$ 0.37
$ 1.84
$ 10.77
$ 1.84
$ 16.17
$ 4.80
$ 2.52
$ 3.17
$ 1.18
.00
$ 44.50
42. Doaty's Garage received payments of $747.90 when Linda Doaty participated in the
approval of four (4) payments issued to Doaty's Garage.
a. Doaty's Garage profited in the amount of $44.50 as the result of the markup
associated with the parts for these repairs.
1. Profit based on 20% of the price charged for the parts.
43. Doaty's Garage received payments of $1,111.65 as a result of two (2) repair invoices
submitted in excess of $500.00 each for work which was not competitively bid.
a. Doaty's Garage profited in the amount of $177.13 as a result of the mark -up
associated with the parts for these repairs.
1. Profit based on 20% of the price charged for the parts.
44. Doaty's Garage realized a total profit of $221.63 from the sale of parts on payments
Linda Doaty approved and for work which was not put out for bid.
The following findings relate to the allegation that Linda Doaty used the
authority of her position to obtain towing contracts for Doaty's Garage
45. Doaty's Garage has responded to towing call outs initiated by the Robeson Township
Police Department since the early 1970's.
a. Doaty's Garage was being called on to provide towing services prior to Linda
Doaty becoming a township supervisor.
Doaty, 00- 055 -C2
Page 11
46. Prior to March 17, 1998, the Police Department did not have any formal guidelines for
requesting tow companies.
a. The vehicle owner has the option of selecting a towing company if physically
able to do so.
b. If the vehicle owner is unable or has no preference as to the towing company to
be used, the Police Department identifies the tow company which is typically
contacted by the Berks County Communications Center.
47. Township funds are not utilized to pay towing charges incurred as the result of towing
calls initiated by the police department or county dispatch.
a. The vehicle owner or their representative is responsible for paying all towing
charges incurred.
48. Towing company call out procedures were established in 1998 as part of the township
police department's standard operating procedures manual.
a. This manual was prepared by Township Police Chief Mark Phillips.
b. Linda Doaty did not play any role in creating this manual.
49. The Robeson Township Board of Supervisors adopted the police department's
standard operating procedures at their March 17, 1998, meeting.
a. Minutes reflect that Linda Doaty was present at this meeting and participated in
the following board action:
"SOP Contract — Chief Phillips reported that this is ready for adoption by the
Board by resolution. This sets official rules and regulations for the Police
Department. Thomas Whyte moved to adopt this resolution. After a second by
Douglas Love, the motion passed on a roll call vote by Supervisors Doaty,
Vansteenvoort, Whyte, Wolfe and Love."
Present: Linda Doaty, Mark Vansteenvoort, Thomas Whyte, David Wolfe,
Douglas Love.
b. Linda Doaty asserts that she participated in this action because it related to the
entire standard operating manual, not just towing companies.
50. Sections 29 and 30 of the Standard Operating Procedures adopted March 17, 1998,
relate to approved towing companies.
a. Section 29 identifies the following five (5) companies which can be used by the
Police Department for tow calls:
Barry's Auto Body
Box 1529, R.D. #1
Mohnton, PA 19540
Phone: 856 -7689
Doaty's Garage
Box 689 Cocalico Road
R.D. #5
Deglers Service Station
Box 4953 Old River Road
RD #4
Birdsboro, PA 19508
Phone: 582 -8779
Ernie's Garage (AAA Member)
Box 1705 R.D. #1
Mohnton, PA 19540
Doaty, 00- 055 -C2
Page 12
Birdsboro, PA 19508 Phone: 856 -7497
Phone: 582 -8426
Love's Auto Body
Box 1862, R.D. #1
Mohnton, PA 19540
Phone: 856 -7304
Answering Service: 582 -5293
b. Section 29 further provides for the above companies to be utilized in the
following manner:
" Doaty's Garage is the only towing service within the township of Robeson
which has agreed to assume all liabilities relative to an Impoundment facility.
All officers will remember the owner or person in control of a vehicle shall be
asked their preference in a towing company. If the owner or person in control
of a vehicle has no preferences, the above mentioned towing services shall be
used."
c. Section 30 relates to situations which township police officers can arrange for a
vehicle to be towed including traffic accidents, illegally parked and /or
abandoned vehicles.
The stated purpose of the police is to "protect any vehicle and its contents from
theft, fire or damage until such time as the vehicle can be restored to its owner.
It is also the intent and purpose of this policy to protect the township of
Robeson and Robeson Township Police Department and any other persons
connected with the towing and storage of a vehicle from charges of theft,
misuse or damage to said vehicle and /or its contents."
Included in this section is the names of three (3) salvage companies approved
to accept abandoned vehicles. Those companies are:
Arts Auto Salvage
PA Routes 82 & 724
Birdsboro, PA 19508
Phone: 582 -3777
Strunk & Strunk Used Auto Parts
475 Poplar Neck Road
Birdsboro, PA 19508
Phone: 372 -8014
Schlessman & Son
242 South Hull Street
Sinking Spring, PA 19608
Phone: 678 -4833
51. Doaty's Garage was utilized to tow disabled front wheel drive vehicles since they were
the only approved tow company which owned rollback style tow trucks required to tow
some wheel drive or severely damaged vehicles.
a. Doaty's Garage was utilized in this manner prior to Creative Customs getting
into the towing business in 1999.
52. Township Police Chief Mark Phillips maintained personal records relating to tow
companies utilized covering calendar years 1998 through 2000.
a. Phillips kept track of companies used after questions were raised by other tow
companies regarding the number of tow calls Doaty's Garage received.
Doaty, 00- 055 -C2
Page 13
53. Chief Phillips' records reflect the following tow call totals for calendar years 1998
through 2000.
Creative
Year Doatv's Ernie's Bressler's Customs* Defilers Others
1998 86 18 14 0 1 31
1999 122 21 22 21 2 35
2000 93 13 23 50 3 40
TOTAL 301 52 59 71 6 106
*Not in business until 1999
b. Doaty's Garage was used for 301 of 595 possible township tows between 1998
and 2000.
c. Creative Customs was not in the towing business in 1998, thus did not receive
any tow calls in 1998.
54. Berks County Communications Director Craig Breneiser reviewed tow call records for
Robeson Township.
a. Berks County tow call records for Robeson Township are not as comprehensive
as Chief Phillips'.
1. County records do not include the name of the tow company used if
contacted directly by the vehicle owner or police officer.
b. County Communications was never directed to contact Doaty's Garage instead
of competing companies.
c. It is not unusual in Berks County for one tow company to get the majority of tow
calls within a municipality.
d. Breneiser viewed the statistics of Robeson Township tow calls as being typical
of the county in general.
55. Ann Perrige, Esquire on behalf of Roy Hamilton owner of Creative Customs, 145
Westley Road, Mohnton, approached the Board of Supervisors during their August 15,
2000, meeting seeking to get Creative Customs added to the police department's list
of approved tow companies.
a. Creative Customs already was receiving township tow calls without being
added to the list of approved tow companies.
b. Attorney Perrige and Roy Hamilton, both felt that Creative Customs wasn't
getting a fair share of the township tow calls.
56. Minutes from the supervisors' August 15, 2000, meeting include under "citizens
concerns" questions raised by Attorney Perrige regarding proposed changes to the
towing portion of the police standard operating procedures. Minutes specifically
include the following recorded comments:
"Ms. Perrige commented on the proposed S.O.P. for Towing
Services on behalf of Roy Hamilton, of Creative Customs. Ms. Perrige
asked whether it was the Board's opinion that the police could refer to
both Doaty's and Creative Customs. She asked whether there was a
Doaty, 00- 055 -C2
Page 14
prohibition against using Creative Customs. Ms. Doaty said that she
could not participate in these discussions because of her connection to
Doaty's Garage. Mr. Whyte responded that due to the distance the
Police must travel to do their work at the impound lot, many referrals
may go to Doaty's. Ms. Perrige requested clarification about whether
the Chief would prohibit the use of Creative Customs. Mr.
VanSteenvoort said on behalf of the Board that such direction would not
come from the Board."
57. Minutes from the Supervisors August 15, 2000, meeting further reflect that the board
took the following action approving changes to the towing sections of the standard
operating procedures manual:
a. "A motion is before the Board regarding adoption of Standard Operating
Procedure 29 and 30 on Towing Companies and Towing of Vehicles. After a
motion by Mr. Whyte, seconded by Mr. VanSteenvoort, the motion passed on a
roll call vote by Supervisors Whyte, VanSteenvoort, and Siegle. Supervisors
Doaty and Love abstained."
Present: Linda Doaty, Douglas Love, Thomas Whyte, Mark VanSteenvoort,
Chris Siegle
b. Relevant changes to the towing procedures included the companies approved
to be used.
1. Barry's Auto Body was removed as an approved towing company.
2. Creative Customs, 145 Westley Road„ Mohnton, PA 19540 was added
to the list of approved towing companies.
c. Creative Customs is also identified as a towing facility which has agreed to
assume all liabilities relative to an impoundment facility. This change would
theoretically give officers a choice of using either Doaty's Garage or Creative
Customs for impound services.
58. Linda Doaty did not direct the Robeson Township Police Department or Berks County
Communications Center to utilize the services of Doaty's Garage over its competitors
for towing services.
a. The procedures followed to use Doaty's Garage pre -dated Linda Doaty's
service as a township supervisor and continued after she assumed office.
b. Vehicle owners have the option of picking the towing company to be used if
reasonable.
59. Linda Doaty, in her official capacity as a Robeson Township Supervisor signed the
front side of thirty -three (33) checks totaling $6,326.00 which were made payable to
Doaty's Garage since October 17, 1995.
60. Doaty filed a Statement of Financial Interests form for calendar year 1995 with the
State Ethics Commission on October 20, 2000, eight (8) days after being sent a Notice
of Investigation.
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Linda Doaty, hereinafter Doaty,
has been a public official subject to the provisions of the Public Official and Employee Ethics
Doaty, 00- 055 -C2
Page 15
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 Doaty, as a Robeson Township Supervisor, violated Sections
3(a)/1103(a), 3(f)/1103(f), and 4(a)/1104(a) of the Ethics Act (Act 93 of 1998) when she
participated in discussions and actions of the board of supervisors resulting in Doaty's
Garage, a business owned and operated by Doaty's spouse, being selected to do towing and
storage of vehicles within the township; and when Doaty's Storage, received contracts to
repair township police vehicles without an open and public process; and when Doaty failed to
file a Statement of Financial Interests (FIS) for calendar year 1995 by May 1, 1996.
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
"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 the Ethics Act 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
Doaty, 00- 055 -C2
Page 16
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) of the Ethics Act 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 employee is associated unless the contract is awarded through an open and
public process including prior public notice and subsequent public disclosure.
Section 4(a)/1104(a) of the Ethics Act requires that each public official /public employee
must file a Statement of Financial Interests for the preceding calendar year, each year that he
holds the position and the year after he leaves it.
In that the parties have not requested a hearing, this case will be decided upon the
pleadings of the parties. We shall now summarize the relevant facts from those admitted
averments in the Investigative Complaint.
Doaty has served as a Supervisor in Robeson Township since 1992. In a private
capacity, she performs bookkeeping for Doaty's Garage, a business owned and operated by
her spouse. Doaty's Garage offers vehicle maintenance, repairs, towing, storage, and U -Haul
rental services.
Doaty's Garage performed maintenance services and mechanical repairs to township
police and road department vehicles even before Doaty became a supervisor. The township
did not solicit bids for the maintenance or repairs on township vehicles; the township police
chief and road foreman selected the businesses that would service township vehicles. The
township board of supervisors were never contacted by the police chief or road foreman
unless a major repair was needed. Doaty's Garage submitted invoices whenever such
services were provided to the township. Those invoices were added to a monthly bills list
which was prepared by the township staff and submitted to the supervisors for approval. At
the supervisors' meetings, the bills list was voted on in its entirety.
After Doaty became a supervisor, an issue arose as to whether the township could
continue to use Doaty's Garage for servicing township vehicles. The solicitor opined that
Doaty's Garage could be used if Doaty refrained from voting on such expenditures. The
solicitor did not address the question of whether Doaty could cosign checks issued in
payment to Doaty's Garage. Further, Doaty never sought an advisory from this Commission
on that issue.
Within the timeframe of the five -year statute of limitations for investigations, Doaty
participated four times in board actions to approve payments to Doaty's Garage. Doaty took
such action despite the direction of the township solicitor for her to abstain. In addition, since
1995, Doaty cosigned 33 township checks which were payable to Doaty's Garage for
providing services to township vehicles.
Since 1995, there were two instances when the township received repair invoices from
Doaty's Garage which exceeded $500. As to those two cases, no bids were solicited by the
township for servicing those township vehicles. The one repair was for a Ford Explorer police
Doaty, 00- 055 -C2
Page 17
cruiser in 1999 as to which Doaty's Garage made a profit of $79.10. The second service was
for a Ford Crown Victoria in 2000 on which Doaty's Garage made a profit of $98.03. Doaty
abstained as to the approval for payment for the repairs on both of the vehicles.
As to those instances where Doaty participated in the approval of payments to Doaty's
Garage, the profit amounted to $44.50. The profit for Doaty's Garage for the repairs on the
Ford Explorer and Crown Victoria totaled $127.13. Doaty's Garage realized a total profit of
$221.63 as to the four transactions in which Doaty participated and as to the repairs on the
two vehicles that were in excess of $500 and not awarded through an open and public
process.
Doaty's Garage not only provided maintenance and repair services to township
vehicles, but also towing services. The police department also used Doaty's Garage for
towing services which began at a time prior to Doaty's service as a township supervisor. In
1998, standard operating procedures were established for the township police department
relating to towing services. The township board of supervisors adopted the police
department's standard operating procedures at a March 17, 1998 meeting. Doaty voted for
the manual which was unanimously approved. Doaty asserts that she participated because it
related to the adoption of the entire operating manual, not just towing companies. The
manual identified five companies, including Doaty's Garage, that the police department could
use for towing services. The manual noted that Doaty's Garage was the only towing service
that would assume liability relative to the impoundment of vehicles.
An issue arose in the township as to the extensive use of Doaty's Garage for towing.
However, the record reflects that the township police department or the county
communications center made the decisions to utilize the services of Doaty's Garage without
any direction or involvement by Doaty. Doaty's Garage was utilized to tow disabled front
wheel drive vehicles because it was the only approved tow company that owned roll back
style tow trucks which are required for towing some front wheel drive or severely damaged
vehicles.
Lastly, Doaty failed to file an FIS for the calendar year 1995. Except for the 1995
calendar year, Doaty had filed FIS's wherein she disclosed Doaty's Garage as a source of
income. Doaty subsequently filed the 1995 calendar year FIS on October 20, 2000, which
was approximately one week after she received notice of investigation by the Investigative
Division of this Commission.
Having highlighted the admitted averments and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
In applying the Ethics Act to the admitted averments in this case, we find a violation of
Section 3(a)/1103(a) when Doaty, as a Supervisor, participated in approving payments and
cosigned checks to Doaty's Garage. But for the fact that Doaty was a supervisor, she would
not have been in a position to participate in the payment approval process or cosign township
checks in payment to Doaty's Garage. Such actions were uses of authority of office. See,
Juliante, Order No. 809. The uses of authority of office resulted in private pecuniary benefits
consisting of the profits Doaty's Garage obtained as to such transactions with the township.
Lastly, the pecuniary benefits inured to Doaty's Garage which is a business with which
Doaty's spouse is associated, as that term is defined under the Ethics Act. Accordingly,
Doaty violated Section 3(a)/1103(a) of the Ethics Act when she, as a Robeson Township
Supervisor, used the authority of office by participating in the approval of payments and
cosigning checks to Doaty's Garage which resulted in pecuniary benefits to a business with
which her spouse is associated.
As to the contracting issue, there were two incidents where Doaty's Garage provided
services to the township which were in excess of $500 and were not awarded through an
open and public process. Section 3(f)/1103(f) of the Ethics Act provides that a public
Doaty, 00- 055 -C2
Page 18
official /public employee, child, spouse or business with which the public official /public
employee or his spouse or child is associated may contract with the governmental body, but if
the contract is $500 or more, it must be awarded through an open and public process.
Although solicitations for bids were required for these two services on the township's Ford
Explorer and Crown Victoria, there were no advertisements for the submission of bids.
Accordingly, Doaty violated Section 3(f)/1103(f) of the Ethics Act in the two instances where
services were provided by Doaty's Garage as to township vehicles and the contracts were in
excess of $500 but not awarded through an open and public process.
Finally, as to the 1995 calendar year FIS, we find a violation of Section 4(a)/1104(a) of
the Ethics Act when Doaty failed to timely file her FIS. In that Doaty has now filed the FIS for
the 1995 calendar year, we will take no further action as to the FIS allegation.
Regarding the violations of Section 3(a)/1103(a) of the Ethics Act, the Ethics Act
empowers this Commission to impose restitution in those instances where a financial gain
has been received in connection with a violation of the Ethics Act. In this case, we note that
the township regularly used Doaty's Garage even before Doaty became a supervisor.
However, Doaty was specifically advised by the township solicitor not to participate in the
approval processes as to Doaty's Garage and yet, in a few instances, Doaty participated
despite the solicitor's advice to the contrary. Considering the foregoing as well as the totality
of the facts and circumstances of this case, restitution in the amount of $221.63 is warranted.
Accordingly, Doaty is directed within 30 days of the date of mailing of this Order to forward a
check to this Commission payable to Robeson Township in the amount of $221.63.
Compliance with the foregoing will result in the closing of this case with no further action.
Non - compliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
1. Doaty, as a Supervisor in Robeson Township, is a public official subject to the
provisions of Act 9 of 1989 as codified by Act 93 of 1998.
2. Doaty violated Section 3(a)/1103(a) of the Ethics Act when she used the authority of
office by participating in the approval of payments and cosigning township checks to
Doaty's Garage, a business with which her spouse is associated.
3. Doaty violated Section 3(f)/1103(f) of the Ethics Act in the two instances where
services were provided by Doaty's Garage as to the township vehicles on contracts
that were in excess of $500 but not awarded through an open and public process.
4. Doaty violated Section 4(a)/1104(a) of the Ethics Act by failing to timely file an FIS for
the 1995 calendar year.
In Re: Linda Doaty
ORDER NO. 1221
File Docket: 00- 055 -C2
Date Decided: 11/15/01
Date Mailed: 11/30/01
1. Doaty, as a Supervisor in Robeson Township, violated Section 3(a)/1103(a) of the
Ethics Act when she used the authority of office by participating in the approval of
payments and cosigning township checks to Doaty's Garage, a business with which
her spouse is associated.
2. Doaty violated Section 3(f)/1103(f) of the Ethics Act in the two instances where
services were provided by Doaty's Garage as to the township vehicles on contracts
that were in excess of $500 but not awarded through an open and public process.
3. Doaty violated Section 4(a)/1104(a) of the Ethics Act by failing to timely file an FIS for
the 1995 calendar year.
4. Doaty is directed within 30 days of the date of mailing of this Order to forward a check
to this Commission payable to Robeson Township in the amount of $221.63.
a. Compliance with the foregoing 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