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HomeMy WebLinkAbout734 WilliamsMr. Harvey A. Williams c/o Harvey A. Yanks, Hsquire 2217 Hobart Street Philadelphia, PA 19131 Re: 87 -121 -C Dear Mr. Williams: .• • STATe ETHICS COMMISSION 30$ FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF TILE COMMISSION Order No. 734 Before: Helena G. Hughes, Chair Robert W. Brown, Vice Chair G. Sieber pancoast Dennis C. Harrington James M. Hawley Date Decided: December 4, 1989 Date Mailed: December 15., .1gR9 The State Ethics Comission received a complaint regarding you and a possible violation of the State Ethics Act, No. 170 of 1978, 65 P.S. 401 et. seq. You were notified in writing as to the commencement of the investigation and as to the specific allegation(s). The investigation has now been completed and a Findings Report was issued to you which constituted the Complaint by the Investigation Division of the State Ethics Commission. An Answer was filed and a hearing was held. The record is now completed. This Order of the Commission is hereby issued which sets forth the individual allegations, findings, discussion and conclusion as follows: I. Allegation: That you, a former Field Inspector Supervisor for the Department of Labor and Industry, violated the following Sections of the Ethics Act (Act 170 of 1978) and State Ethics Commission Regulations, when you failed to disclose on Statements of Financial Interests filed for calendar years 1985 and 1986 Hahnemann University as a source of income in excess of $500; and in that you worked as a security guard for Hahnemann University during hours that you were compensated as a Field Inspection Supervisor: Section 3. Restricted Activities. (a) No public official or public employee shall use his public office or any confidential Mr. Harvey A. Williams Page 2 information received through his holding public office to obtain financial gain other than compensation provided by law for himself, a member of his immediate family, or a business with which he is associated. 65 P.S. 5403(a). Section 5. StatemenX.. Of . financial interests. (b) The statement shall include the following information for the pr•ibr calendar year with regard to the person required to file the statement and the members of his immediate family: (5) The name and address of any person who is the direct or indirect source of income totalling in the aggregate $500 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics. 65 P.S. §405(b)(5). 55.7. Income disclosure. (a) The name and address of the person, including employers, who is the direct or indirect source of income totaling in the aggregate of $500 or more for the person required to file, his spouse, minor dependent children shall be listed unless otherwise limited as set forth in this section. 51 Pa. Code S5.7(a) A. Findings: 1. You were employed by the Pennsylvania Department of Labor and Industry. a. You served as a Prevailing Wage Inspector. b. You also served as a Field Inspection Supervisor. c. You were employed by the Department for 16 years. d. You resigned from your position on May 14, 1987. 2. You were also employed by Hahnemann University Hospital, Philadelphia, Pennsylvania, as a security guard. a. You were employed by that entity since 1974. Mr. Harvey A. Williams Page 3 3. Records of the Pennsylvania Department of Labor and Industry contain a job description for you as a prevailing wage inspector. a. This document is dated August 1, 1985 and is signed by you. b. Your hours of work are indicated as being 8:30 a.m. to 5 :00 p.m. (1) You assert: 8:30 a.m. to 5:00 p.m. was only a guideline for working hours; you Started work before 8:30 a.m., sometimes at 6:30 a.m.; you compieted your job responsibilities for any given daft prior to 2:00 p.m. and you did not take lunch. c. Your duties and responsibilities in this position were defined, in part, as follows: Makes direct observations and personal inspections of installations, buildings, construction operations, services and personnel including interviews for the purposes of keeping informed and determining conditions and wages paid on public construction contracts and sub - contracts. Accumulates facts and prepares reports in written form to the Prevailing Wage Director for research and investigation. Reports on all public officials' duties, contractor and sub - contractor duties under the Prevailing Wage Law and Regulations. Also enforces Apprenticeship and Training Council job site ratios and wage standards for construction crafts. Makes audits of contractor and sub - contractor payroll records, cancelled checks and evaluates whether any violations of the Prevailing Wage Law and Regulations has or is occurring. Testifies under oath at administrative hearings requiring good knowledge of accumulated facts and written reports and the Prevailing Wage Law and Regulations. Must prepare own testimony accurately and thoroughly and reply to cross examination. 4. Records of the Pennsylvania Department of Labor and Industry contain a job description for you as a Field Inspector Supervisor: a. This document is dated November 12, 1986 and is signed by you. b. Your hours of work are indicated as being 8 :30 a.m. to 5 p.m. Mr. Harvey A. Williams Page 4 You challenge the above based upon your reasons in Finding 3.b.(1). c. Your duties and responsibilities in this position were defined, in part, as follows; Project inspection and employer interview, questions are relative to an employee's classification, hourly rate of pay and fringe benefits. Interviewing employers. Interviewing awarding agencies. Instructing employers in the prevailing wage act, regulations. Performing audits when violations are discovered. Compiling information for the Legal Department. Testifying at hearings. Supervising other inspectors and reviewing their work, assigning work. Attending pre -job conferences. Informing employees on prevailing wage project of their rights. Audits consists of obtaining names, addresses, social security numbers, classifications, rates of pay, copying payroll records, related information and computing same. Obtaining specifications and related documents from architects and awarding agencies. Organizing information into a comprehensive document to be sued by the Legal Department during hearings. Attending hearings, department meetings and seminars, also training programs. Instructing subordinates in new procedures and policies. 5. In your position with the Pennsylvania Department of Labor and Industry, you worked out of your private residence in Philadelphia, Pennsylvania. Mr. Harvey A. Williams Page 5 6. Records of the Pennsylvania Department of Labor and Industry indicate the following regarding your rate of pay during 1985 and 1986: a. As of January 1, 1985, you were paid $861,00 bi- weekly ($11.48 hourly). b. Your rate of pay changed on July 1 1985 to $886.50 bi- weekly ($11.82 hourly). c. Your rate of pay changed on July 1, 1986 to $912.75 bi- weekly ($12.17 hourly). 7. Department of Labor and Industry records of Absence forms STD -C336 for 1985 indicate the following regarding your work attendance: a.. You were on annual leave from January 2, 1985 to January 4, 1985 for a period of 22.5 hours. b. You were on sick leave for one day on March 5, 1985. c. You were on annual leave from June 3, 1985 to June 7, 1985 for a total of 37.5 hours. d. You were on sick family leave, sick bereavement leave and personal leave from October 7,1985 to October 18, 1985 for a total of 67.5 hours. e. You were on personal leave from December 26, 1985 to December 30, 1985 for atotal of 22.5 hours. You were also recorded as being at work on all other regular work days in 1985. 8. Department of Labor and Industry records of absence forms STD -C336 for 1986 indicate the following regarding your work attendance: a. You were on sick leave from June 17, 1986 until October 10, 1986. b. You were on civil leave on December 5, 1986. c. You were recorded as being at work on all other regular work days in 1986. 9. Records of Hahnemann University Hospital, where you were employed as a security guard, indicate that your regular hours qt w5zk were 2 p.m. until 10 p.m. during 1985 and 1986. ; ; Mr. Harvey A. Williams Page 6 10. Wage and tax statement form W -2 for you regarding your employment with Hahnemann University indicate your salary or compensation as follows: a. 1985 - $18,790.91. b. 1986 - $19,250.42. 11. On numerous days you worked at both the Department of Labor and Industry and Hahnemann University. a. Your regular hours at the Department of Labor and Industry were 8:30 a.m. to 5'p.m. (1) You challenge the above based upon your reasons in Finding 3.b.(1). b. Your regular hours at Hahnemann Hospital were 2 p.m. to 10:30 p.m. c. Your hours in these two positions overlapped from 2 .M. to 5 p.m. a total of 3 hours. (1) You deny the above and assert that you completed Commonwealth work before working at Hahnemann Hospital. 12. Records of the Pennsylvania Department of Labor and Industry regarding your time and attendance in your positions with that agency, as compared to similar records of the Hahnemann University Hospital, indicate the following: Date L & I Record of Hahnemann Payroll Number of Over- Hourly Rate Absence Form & Records lapping Hours of Pay Job Description 1 -1 -85 Holiday 2 - 10 p.m. 0 1 -2 -85 A 7.5 2 - 10 p.m. 0 1 -3 -85 A 7.5 2 - 10 p.m. 0 1 -4 -85 A 7 2 - 10 p.m. 0 1 -4 -85 A 7.5 RDO 0 1 -5 -85 RDO RDO 0 1 -6 -85 RDO 2 - 10 p.m. 0 1 -7 -85 8 :30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.48 1-8 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.48 1 -9 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $ 11 . 48 1 -10 -85 8:30 a.m. - 5 p.m. 2 10 p.m. 3 $11.48 1 -11 -85 8:30 a.m. - 5 p.m.. RDO 0 1= 12 -85 RDO RDO a * RDO - regular day off Mr. Harvey A. Williams Page 7 Date L & I Record of Absence Form & Job Description 1 -13 -85 1 -14 -85 1 -15 -85 1-16-85 1 -17 -85 1 -18 -85 1 -19 -85 1 -20 -85 1 -21 -85 1 =42 -85 1 -23 -85 1 -24 -85 11 -25 -85 1 -26 -85 1 -27 -85 1 -28 -85 1 -29 - 85 1 -30 -85 1 -31 -85 2 -1 -85 2 -2 -85 2 -3 -85 2 -4 -85 2 -5 -85 2- 6 -8.5 2 -7 -85 2 -8 - 85 2 -9 -85 2 -10 -85 2 -11 -85 2 -12 -85 2- 1385 2 -14 -85 2 -15 -85 2 -16 -85 2 -17 -85 2 -18 -85 2 -19 -85 2 -20 -85 2 -21 -85 2 -22 -85 2 -23 -85 2 -24 -85 2 -25 -85 RDO 8:30 a.m. - 5 p.m. Holiday 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO Holiday 8 :30 a.m. 8 :30 a.m. 8:30 a.m. 8:30 a.m. RDO RDO 8:30 a.m. * RDO — regular day off 5 p.m. 5 p.m. 5 p.m. 5 p.m. 5 p.m. Hahnemann Payroll Number of Over- Hourly Rate Records lapping Hours of Pay 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m 2 - 10 p.m. 2 :05 - 10 p.m. 2 - 10 p.m. 2 -- 10 p.m. RDO RDO 2 - 10 p.m. 2 - 10 p.m. Holiday 2 - 10 p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. Unpaid Absence 2 - 10 p.m. 2 - 10 p.m. 2 - 10 pin. RDO RDO Personal'Haliday 2 - 10 p.m. 2 10 p.m. 2 - 10 p.m. 2 - 10 p.m. Undeter. 4 hrs. RDO 2 - 10 p.m. 2 - p.m. 0 3 0 3 3 0 0 0 3 2.55 min 3 3 0 0 0 3 0 3 3 0 0 0 3 3 3 3 0 0 0' 0 3 3 3 0 0 0 0 3 3 3 0 0 0 3 $11.48 $11.48 $11.4 $11.48 $11.48 $11.48 $11..48 $11.48 $11..48 $;1:1,48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 Mr. Harvey A. Williams Page 8 Date L & 1 Record of Hahnemann Payroll Number of Ovet- Hourly Rate Absence Form & Records lapping Hours of Pay Job Description 2 -26 -85 8 :30 am. - 5 p.m. 2- 10 p.m. 3 $11:48 2 -27 -85 8:30 a.4n. - 5 p.m. 2 - 10 p.m. 3 $11.48 2 -28 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.48 3 -1 -85 8:30 a.m. 5 p.m. RDO 0 3 -2 -85 RDO RDO 0 3 -3 -85 RDQ 2 - 10 p.m. 0 3 -4 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.48 3- 5 - Sick 7.5 hrs. 2 - 10 p.m. 3 $11.48 3 -6 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.48 3 -7 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.48 3-8-85 8 :30 a.m. 5 p.m. RDO 0 3 -9 -85 RDO RDO 0 3 -10 -85 RDO 2 - 10 p.m. 0 3 -11 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.48 3 -12 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.48 3 -13 -85 8:30 a.m. 5 p.m. 2 - 10 p.m. 3 $11.48 3 -14 -85 8:30 a.m. - 5 p.m RDO 0 3 -15 -85 8:30 a.m. - 5. p.m. RDO 0 3 -16-85 RDO 2 - 10 p.m. 0 3 -17 -85 RDO 2 - 10 p.m. 0 3 -18 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3' $11.48 3 -19 -85 8:30 a.m. - 5 p.m. 2. 10 p.m. 3 $11 3 -20 -85 8:30 a.m. - 5 p.m. 2. - 10 p.m. 3 $11.48 3 -21 -85 8:30 a.m. - 5 p.m. 2: 10 p.m. 3% $11.48 3 -22 -85 8:30 a.m... - 5 p.m. RDO 0 3 -23 -85 RDO Work Injur 0 3 -24 -85 RDO 2 - 10 p.m. 0 3 -25 -85 8:30 a.m. -.5 p.m. 2 - 10 p.m. 3 $11.48 3 -26 -85 8:30 a.m. - 5 p.m. 2 10 p.m. 3 $11.48 3 -27 -85 8:30 a.m. - 5 p.m. 2`- 10 p.m. 3 $11.48 3 -28 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.48 3-29-85 8:30 a.m. - 5 p.m. RDO 0 3 -30 -85 RDO RDQ 0 3 -31 -85 RDO 2. - 10 p.m. 0 4 -1 -85 8:30 a.m. - 5 p.m. 2 :38 - 10' p.m. 2.22 min. $11.48 4 -2 -85 8:30 a.m. - 5 p.m. 2.- 1.0 p.nr. 3 $11.48 4 -3 -85 8 :30 a.m. - 5 p.m. 2" - 1.0 p m. 3 $11.48 4- .4 -25 8 :30 a.m. - 5 p.m.. 2 - 1 p:.m. 3 $11.4'8= 4 4- 5 -85, 8:30. a.m.. - 5 p.m. IMO 41-6-85 RDO RDO 0 4t7=85 RDO. 2 10 p.m. 0 4-8S5 8;30 - 5" p.m. 2 - 10 p.m. 3 $11.48 4 -9 .85 . 8 :30 . a.m. 5 p.m. 2 - 10 p.m. 3 $11.48 4- 10(45 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.48 * RDO. regular day off Mr. Harvey A. Williams Page 9 Date 4 -11 -85 4 -12 -85 4 -13 -85 4 -14 -85 4 -15 -85 4 -16 -85 4 -17 -85 4- 18=85 4 -15'85 4 -26 - 85 4 -21 -85 4 -22 -85 4 -23 -85 4 -24 -85 4 -25 -85 4 -26 -85 4 -27 -85 4 -28 -85 4 -29 -85 4 -30 -85 5 -1 -85 5 -2 -85 5 -3 -85 5 -4 -85 5 -5 -85 5 -6 -85 5 -7 -85 5 -8 -85 5 -9 -85 5 -10 -85 5 -11 -85 5 -12 -85 5 -13 -85 5 -14 -85 5 -15 -85 5 -16 -85 5 -17 -85 5 -18 -85 5 -19-5 5 -2085 5 -21 -85 5 -22 =85 5 -23 -85 5 -24 -85 L & I Record of Absence Form & Job Description 8 :30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8 :30 8 :30 8 :30 8:30 8:30 8:30 8 :30 8:30 8:30 8 :30 8:30 8:30 8:30 8:30 8:30 8:30 8:30 8:30 8:30 8:30 8 :30 8130 8 :30 8 :30 8 :30 a.m. a.m. a.m. a.m. a.m. RDO RDO a.m. a.m. a.m. a.m. a.m. RDO RDO a.m. a.m. a.m. a.m. a.m. RDO RDO a.m. a.m. a.m. a.m. a.m. RDO RDO a.m. a.nt. a.m. i .ln. a.m. ROO ROO 8 :30 a.m. - 5 #fb iiday 8 :30 A.M. - 5 8 :30 a.m. - 5 8:30 a.m. - 5 * RDO - regular day off - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 pin. - 5 p.m. - 5 p.m. - 5 p.in. - 5 p.m. - 5 p.m. Hahnemann Payroll Number of Over- Hourly Rate Records lapping Hours of Pay 2 - 10 p.m. RDO RDO 2 -Y 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - la p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. 2 - . 10 p.m. - 5 p.m. 2 - lQ p.m. - 5 p.m. 2 - .10 p.m. - 5 p.m. RDO RDO 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. Sick - 5 p.m. RDO RDO Sick 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. 2 - 10 p.m. 2 - 11:30 p.m. 2 - 10 p.m. 2 - 10 p.m. Holiday RDO RDO 2 - 10 p.m. p.m. . 2 - 10 p.m. Holiday p.m. 2 ,- 10 p.m. p.m. s 2 r - 10 p.m. p.m. RDO - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. 3 3 3 0 0 0 0 3 3 3 0 0 Q 0 3 3 0 3 0 0 0 3 3 3 3 0 0 a 3 3 3 3 0 0 0 3 3 3 0 0 0 0 ,0 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11. $11.48 $11. $11.48 $11.48 $11.48 $11.48 $11.48 $.11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 Mr Harvey A. Williams Page 10 De • 5 -25 =5 5 -26 -85 5 -27 -85 5 -28 - 85 5= '29 -85 5 - 30 -85 5 - 31 -85 6 -1 -85 6 -2 -85 6 -3 -85 6 -4 -85 6 - 5 -85 6 -6-85 -7 -85 6 -8 -85 6 -9 -85 6 -10 -85 6 -11 -85 6 -12 -85 6 =13 -85 6 -14 -85 6 -15 -85 6 -16 -85 6 -17 -85 6- ,18 -85 6-19-85 6 -20 -85 6 -85 6 -22 -85 6 -23 -85 6 -24 -85 6 -25 -85 6 -26 -85 6 -27 -85 6 -28 -85 6 -29 -85 6 -30 -85 7 -1 -85 7 -2 -85 7 -3 -85 7 -4 -85 7 -5 -85 7 -6 -85 7 -7 -85 L & ` I Record of Absence Form & Job Description RDO RDO Holiday 8:30 a.m. - 5 8:30 a.m. - 5 8:30 a.m. - 5 8:30 a.m. - 5 RDO RDO Annual Leave Annual Leave Annual Leave Annual Leave Annual Leave RDO RDO 8:30 a.m. 8:30 a.m. 8:30 a.m. 8:30 a.m. 8:30 a.m. RDO RDO a .m. a .m. a.m. a.m. a.m. RDO RDO a.m. a.m. a.m. a .m. a.m. RDO RDO a.m. - 5 a.m. - 5 a.m. - 5 Holiday a.m. - 5 RDO RDO 8:30 8:30 8:30 8:30 8:30 8:30 8:30 8:30 8:30 8:30 8:30 8:30 8:30 8:30 * RDO - regular day off p.m. p•m• p.m. p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. p.m. p.m. p.m. p.m. Hahnemann Payroll Number of.Over- Hourly Rate Recor lapping ' Hou_rs of Pair RDO 2 - 10 p.m. 2 - 10 p.m. - 2 10p.m. 2 10 p.m. RDO RDO Vacation Vacation Vacation Vacation Vacation RDO RDO Vacation Vacation 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. 2 - 10 p.m. 2 = 10 p.m. 2 - 10 p.m. `2 - 10 p.m. RDO RDO 2 - 10 p.m. 2 p.m. - 2 a.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. 0 0 3 3 3 0 0 0 0 0 0 0 0 0 0 3 3 3 0 0 0 3 3 3 3 0 0 0 3 3 3 3 0 0 0 3 3 3 0 0 0 0 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.48 $11.82 $11.82 $11.82 Mr. Harvey A. Williams Page 11 Date L & I Record of Absence Form & Job Description 7 -8 -85 8:30 a.m. 7 -9 -85 8:30 a.m. 7 -10 -85 8:30 a.m. 7 -11 -85 8:30 a.m. 7 -12 -85 8:30 a.m. 7 -13 -85 RDO 7 -14 -85 RDO 7 -15 -85 8:30 a.m. 7 -16 -85 8:30 a.m. 7 -17 -85 8 :30 a.m. 7 -18 -85 8:30 a.m. 7 -19 -85 8:30 a.m. 7 -20 -85 RDO 7 -21 -85 RDO 7 -22 -85 8:30 a.m. 7 -23 -85 8:30 a.m. 7 -24 -85 8:30 a.m. 7 -25 -85 8:30 a.m. 7 -26 -85 8:30 a.m. 7 -27 -85 RDO 7 -28 -85 RDO 7 -29 -85 8:30 a.m. 7 -30 -85 8:30 a.m. 7 -31 -85 8:30 a.m. &-1 -85 8:30 a.m. 8 -2 -85 8:30 a.m. 8-3-85 RDO 8 -4 -85 RDO 8 -5 -85 8:30 a.m. 8.6 -85 8:30 a.m. 8 -7 -85 8:30 a.m. 8 -8 -85 8 ;30 a.m. 8 -9 -85 8 :30 a.m. 8 -10 -85 RDO 8 -11 -85 RDO 8 -12 -85 8:30 a.m. 8 -13 -85 8:3Q a.m. 8 -14 -85 8 ;30 a.m. 8 -15 -85 8 ;J0 a.m. 8 -16 -85 $i30 a,p. 8 -17 -85 RO 8 -18 -85 RDO 8 -19 -85 8sJ0 a.m. 8 -20 -85 8 ;$0 a.m. * RDO - regular 44Par off - 5 p,m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m, - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. Hahnemann Payroll Number of Oyez Hourly Rate Records lapping Hours of Pay 2- 10 p.m, 2 - 10 p.m; 2 - 10 p.m. 2 10 p.m. RDO RDO 2 - 10 p.m. 2:12 - 10 p.m. 2 - 10 p.m 2 - 10 p.m. 2 - 10 p.m. RDO RDO 2 - lO p-m. 2 - 10 p.m. Unpaid' Leave 2 - 10' p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. Unpaid Leave Unpaid Leave 2 - 10 $;.m. 2 - 10 &$ 2 - 10 'g.m. 2 - 10 p.m. 2 2 - 10 p.m. 2 - 8:30 p.m. Unpaid Absence RDO RDO 2 - 10 p.m. 2 - 10 p.m: 2 - 10 p.m. 2 - 10 p.m. RDO APO 2 - 10 p.m. 2 2 0 p.m. - 10 R.;0". 3 3 3 3 0 0 0 2.48 min 3 3 3 0 0 0 3 0 3 3, . 0 .. 0' 3 3 0 0 0 3 3 3 3 6 0 0 3 3 0 0 0 3 3 $11.82 $11.82 $11.82 V11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 82 $11.82 $11.82 $],1.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $ $11.82 Mr. Harvey A. Williams Page 12 Date L & 1 Record of Hahnemann Payroll Number of Over- Hourly Rate Absence Form & Records lapping ..Fours of ' Pay Job Description 8 -21 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 8 -22 -85 8:30 a.m. - 5 p.m. Unpaid Leave 0 8 -23 -85 8:30 a.m. - 5 p.m. RDO .0 8 -24 -85 RDO RDO .0 8 -25 -85 RDO 2 - 10 p.m. r0 8 -26 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $ 8 -27 -85 8:30 a.m - 5 p.m. 2 - 10 p.m, 3 $11:82 •8 -28 -85 8:30 a.m. - 5 p.m. 2 - 10'p-m. 3 c$11.82 8 -29 -85 8:30 a.m. - 5 p.m. 2 - 10ip.m. 3 $ 8 -30 -85 8:30 a.m. - 5 p.m. RDO 0 8 -31 -85 RDO RDO 0 9 -1 -85 RDO 2 - 10 p.m. 0 9-2-85 Holiday 2 - 10 p.m. 0 9 -3 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 9 -4 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $1.82 9 -5 -85 Sick 7.5 hrs. 2 - 10 p.m. 3 ;$;11.4 9 -6 -85 8:30 a.m. - 5 p.m. RDO 0 9 -7 -85 RDO RDO 0 9-8-85 RDO 2 - 10 p.m. 0 9 -9 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 9 -10 -85 8:30 a.m. 5 p.m. 2 - 10 p.m. 3 '$11.82 9 -11 -85 8:30 a.m. - 5 p.m. 2 10 p.m. 3 ;$11.82 9 -12 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 9 -13 -85 8:30 a.m. - 5 p.m. RDO 0 `9 -14 -85 RDO RDO 0 9 -15 -85 RDO 2 10 p.m. 0 9 -16 -85 8:30 - 5 p.m. 2 - 10 p.m. 3 $11.82 9 -17 -85 8 :30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11. 9 -18 -85 8 :30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 9 -19 -85 8 :30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 9 -20 -85 8:30 a.m. - 5 p.m. RDO 0 9 =21 -85 RDO RDO 0 9 -22 -85 RDO 2 - 10 p.m. 0 9 -23 -85 8:30 a.m. - 5 p.m. •2 - 10 p.m. 3 $11.82 9 -24 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 - $11.82 9 -25 -85 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11,.82 9-26-85 8:30 a.m. 5 p.m. Sick 0 9-=2,=85 8:30 a.m. - 5 p.m. RDO 0 9= 2$ -85 ` " RDO RDO 0 9 - 29 -85 RDO Sick 0 ry ..; 9 -30 -85 8: 3�9 a.m. - 5 p.m. 2 - 10 p.m. 3 Wain- 10 -1- 5:317 a.m. - 5 p.m. 2 - 10 a.m. 3 $11,0 10 -2 -85 8 :30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11‘6 10 -3 -85 8:30 a.m. 5 p. 2 - 10 p. 3 $1,02 * RDO - regular day off Mr. Harvey A. Williams Page 13 Date 10 -4 -85 10 -5 -85 10 -6 -85 10 -7 -85 10 -8 -85 10 -9 -8,5 10 -10 -85 10 -11 -85 10- 12-.85 10 -13 -85 10 -14 -85 10- 15-85 10 -16 -85 10- 17 -8.5 10 -18 -85 10-19-85 10 -20 -85 10 -21 -85 10 -22 -85 10 -23 -85 10 -24 -85 10- 25-485 10 -#26 -85 10 -27 -85 10 -28 -85 10 -29 -85 10 -30 -85 10 -31 -85 11 -1 -85 11 -2 -85 11 -3 -85 11 -4 -85 11 -5 -85 11 -6 -85 11 -7 -85 11 -8-85 11 -9 -85 11 -10 -85 11 -11 -$5 11-12-85 11 -13 -85 11 -14 -85 11 -15 -85 11 -16 -85 L & I Record of Absence Form & Job Description * RDO - regular day 8:30 a.m. - 5 p.m. RDO RDO Sick Fam. Ill Sick Fam. Ill Sick Fam. Ill Personal Leave Personal Leave RDO RDO Holiday Sick Bereay. Sick Bereay. Sick Bereay. Sick Bereay. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. Holiday 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO Holiday 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO off Hahnemann Payroll Number of Over- Hourly Rate Records RDO RDO Unpaid Leave Vacation Vacation Vacation Vacation RDO RDO Funeral Leave Funeral Leave Funeral Leave Vacation Vacation RDO RDO Vacation 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 11:30 p.m. RDO RDO RDO 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. 2 - 10 p.m. Holiday 2 - 10 p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. RDO RDO lapping Hours of Pay 3 3 3 3. 0 0 0 0 3 3 3 0 0 0 3 0 3 3 0 0 0 0 3 3 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 Hr. Harvey A. Williams Page 14 ate 11 -17 -85 11 -18 -85 11 -19 -85 11 -20 -85 11 -21 -85 11 -22 -85 11 -23 -85 11 -24 -85 11 -25 -85 11 -26 -85 11 -27 -85 11 -28 -85 11 -29 -85 11 -30 -85 12 -1 -85 12 -2 -85 12 -3 -85 12 -4 -85 12 -5 -85 12 -6 -85 12 -7 -85 12 -8 -85 12 -9 -85 12 -10 -85 12 -11 -85 12 -12 -85 12 -13 -85 12 -14 -85 12 -15 -85 12 -16 -85 12 -17 -85 12 -18 -85 12 -19 -85 12 -20 -85 12 -21 -85 12 -22 -85 12 -23 -85 12 -24 -85 12 -25 -85 12 -26 -85 12 -27 -85 12 -28 -85 12 -29 -85 12 -30 -85 * RDO - : L & T Record of Absence Form & Job Description RDO 8:30 a.m. - 5 p.m. 8;30 a.m. 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. Holiday 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. Sick 7.5 hrs. 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8:30 - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. Holiday Personal Leave Personal Leave RDO RDO Personal Leave regular day off Hahnemann Payroll Number of Over- Hourly Rate Records lapping Hours of Pay 2 - 10 p.m. 0 2 - 10 p.m. 3 2 - 10 p.m. 3 2 - 10 p.rn. 3 2 - 10 p.m. 3 RDO 0 RDO 0 2 - 10 p.m. 0 2 - 10 p.m. 3 2 - 10 p.m. 3 2 - 10 p.m. 3 2 - 10 p.m. 0 RDO 0 RDO 0 2 - 11:30 p.m. 0 2 - 10 p.m. 3 2 - 10 p.m. 3 2 - 10 p.m. 3 2 - 10 p.m. 3 RDO 0 RDO 0 2 - 10 p.m. 0 2 - 11:30 p.m. 3 2 - 10 p.m. 3 2 - 10 p.m. 3 2 - 10 p.m. 3 RDO 0 RDO 0 Sick 0 2 10 p.m. 3 Vacation 0 :Vacation 0 Vacation 0 RDO 0 RDO 0 2 - 10 p.m. 0 2 - 10 p.m. 3 2 - 10 p.m. 3 Holiday 0 2 - 10 p.m. 0 RDO 0 RDO 0 Holiday 0 2 - 10 p.m. 0 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.48 Mx. Harvey A. Williams Page 15 12 -31 -85 1 -1 -86 1 -2 -86 1 -3 -86 1 -4 -86 1 -5 -86 1 =6 -86 1 -7 -86 1 -8 -86 1 -9 -86 1 -10 -86 1 -11 -86 1- 12 -8 :6 1 -13 -86 1 -14 -86 1 -15 -86 1 -16 -86 1 -17 -86 1- 18 -8.6 1 -19 -86 1 -20 -86 1 -21 -86 1 -22 -86 1-23-86 1 -24 -86 : 1 -25 -86 1 -26 -86 1 -27 -86 1 -28 -86 1 -29 -86 1 -30 -86 1 -31 -86 2 -1 -86 2 -2 -86 2 -3 -86 2 -4 -86 2 -5 -86 2 -6 -86 2 -7 -86 2 -8 -86 2 -9 -86 2 -10 -86 2 -11 -86 2 -12 -86 * RDO - regular day off Date L & I Record of Absence Form & Job Description 8:30 a.m. - Holiday 8:30 a.m. 8:30 a.m. RDO RDO 8:30 a.m. 8:30 a.m. 8:30 a.m. 8:30 a.m. 8:30 a.m. RDO RDO 8:30 a.m. 8:30 a.m. Holiday 8:30 a.m. 8 :30 a.m. RDO RDO 8:30 a.m. 8:30 a.m. 8:30 a.m. 8:30 a.m. 8:30 a.m. RDO RDO 8:30 a.m. 8:30 a.m. 8:30 a.m. 8:30 a.m. 8:30 a.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5.p.m. 8:30 a.m. - 5 p.m. Hahnemann Payroll Number of Over- Hourly Rate Records lapping Hours of Mr 5 p.m. 2 - 10 p.m. 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. 5 p.m. RDO RDO Sick - 5 p.m. 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. RDO RDO 2.- 10 p.m. 5 p.m. 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. RDO RDO 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. Holiday - 5 p.m. 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. RDO RDO 2.- 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. 2 - 10 p.m. - 5 p.m. RDO RDO 2 - 10 p.m. 2 - 10 p.m. Vacation Vacation Vacation RDO RDO Sick Sick lOr p.m. Sick 3 3 0 3 0 0 0 3 0 . 3 3 0 0 0 3 3 3 3 0 0 0 3 0 0 0 0 0 0 0 3 0 3 0 3 0 0 0 3 3 3 0 0 0 0 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 .$11,.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 411 Mr. Harvey A. Williams Page 16 Date L & I Record of Hahnemann Payroll Number of Over- Hourly Rate Absence Fp & Records lapping Hours of Pay Job Descr . ltion 2713-86 8:34 a.m, § p.m. Sick 0 2 -14 -86 8:30 a.m. - 5 p.m. RDO 0 2 -15 -86 RDO RDO 0 2- 16- ADO Sick 0 2717-4 10 1 ida 2 - 10 p.m. 0 2 -1Q7..0. a:3p q.m: 5 p.m, 2 - 10 p.m. 3 $11.82 2-15-$6 $ : 30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 $ 2720-0 , .3 ; 0 a.m. - 5 p.m. 2 - 10 p .m. 3 $11.82 2 8630 a.m. - 5. p.m. RDO 0 2-- 2:- 0 RDO RDO 0 2- 23-86 RDO 2 - 10 p.m. 0 2-24-86 8:39 , a.m. - 5 p.m. 2 - 10 p.m. 3 $11,82 2 -25 -86 8: a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 2 -26 -86 8:30 a.m - 5 p.m. 2 10 p.m.. 3 $ii -:82 2 -27 -86 8:30 a.m. 5 p.m. 2 - 10 p.m. 3 $11.82 2- 28 -86: 8 a.m. 57 p.m. RDO 0 3- 1 -86 RDO RDO 0 ` 3 -2 -94, Holiday 2 - 10 p.m. 0 3 - -86` 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $ 11.82 3 -4 -86 0.:3.9) a.m. 5 p.m. 2 - 10 p.m. 3 $11.82 3 -5 -86 8:39 a.m - 5 p.m. 2 - 10 p.m. 3 $11.48' 3 -6 -86, 8:3,x, a.m. - 5'. p.m. RDO 0 3 -7 -86 RDO RDO 0 3 -8 -86 RDO 2 - 10 p.m. . 0 3 -9 -86 8:30 a.m. 5 p.m. 2 - 10 p.m. 3 $11.82 3 -10 -$6 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 3 -11 -86 8:3Q.. a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 3 -12 -86 8:30 a.m. - 5 p.m. 2 10 p.m. 3 $11.82 3 -13 -86 8:30,a.m. - 5 p.m. RDO 0 3 -14 -86 RDO RDO 0 3 -15 -86 RDO 2 - 10 p.m-. 0 3 -16 - 8:301 -., 5 p.m. 2 - 10 p.m. 3 $11.82 3 -17 -$6 8:30 5 p.m. 2 -.10 p.m. 3 $11.82 3 -18 -86 8:3Q a.m. 5 p.m. 2 10 p.m. 3 $11.82 3 -19 -86 8:30 a.m. -. 5 p.m. 2 - 1.0 3 $11.82 3 -20 -86 8:39f a ; .m. 5 p.m RDO` 0 3 -21 -86 RpO RDO 0 3 -22 -86 RpO 2 10 p °.m. 0 3 -23 -86 8:30a,m. - .5;p.m. 2.- 10 p.m. 3 $11.82' 3 -24 -86 8:30 a.m. -.5 p,,m. 2 - 10 p.mb 3 $11.82 3 -25 -86 8:30 a.m. 5 p.m. 2 - 10 p.m. 3 $11.82 3 -26 -86 8 3Q -_5 .p mA Sick 0 3 - 27 - 86 8:30 a.m.: - - ,5 pap. .. RHO' 0 3 - - RDO RDO. 0 * RDO - regular day of Mr. Harvey A. Williams Page 17 Date 3 -29 -86 3 -30 -86 3 -31 -86 4 -1 -86 4 -2 -86 4 -3 -86 4-4-86 4 -5 -86 4 -6 -86 4 -7 -86 4 -8 -86 4 -9 -86 4-10-86 4 -11 -86 4 -12 -86 4 -13 -86 4 -14 -86 4 -15 -86 4 -16 -86 4 -17 -8t 4 -18 -86 4-19-'86 4 -20 -86 4-21-86 4 -22 -86 4 -23 -86 4-24-86 4 -25 -86 4 -26 -86 4 -27 -86 4 -28 -86 4 -29 -86 4 -30 -86 5 -1 -86 5 -2 -86 5 -3 -86 5 -4 -86 5 -5 -86 5 -6 -86 5 -8 -86 5 -9 -86 5 -10 -86 5 -11 -86 5 -12 -86 L & 1 Record of Absence Form & Job Description RDO 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. 8:30 a.m - 5 p.m. RDO RDO 8:30 a.m. 8:30 a.m. 8:30 a_m. 8 :30 a.m. 8:30 a.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8: a.m. - 5 p.m. 8 : a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. -.5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8430 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8 :30 a.m. * RDO - regular day off - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. - 5 p.m. Hahnemann Payroll Number of Over- Hourly Rate Records lapping Hours of Pay Sick 2 - 10 p.m. 2 - 10:30 p.m. 2 - 10 a.m. 2 - 10 p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 •- 10 'p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. RDO RDO 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 3 p.m. - 10 4 p.m. - 10 RDO 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. 2 - 10 p.m. Sick RDO RDO 2 10 p.m. 2 - 10 p.m. 2 - 10 p.m. Off Work Injury RDO RDO Sick Sick p.m. p.m 3 3 3 0 0 0 0 3 3 0 0 0 0 0 0 3 3 3 3 3 0 0 0 3 3 3 3 0 0 0 3 3 3 3 0 0 0 3 3 3 3 1 0 0 $11.82 $11 $11.82 $1 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 '$11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11.82 $11:82 $11.82 $11.82 $11.82 Mr. Harvey A. Williams Page. 18 Date T.‘ & 1 Record of Hahnemann Payroll Number of Over- Hourly Rate Absence Form & Records lapping Hours, of Pay Job Description 5-13-86 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 5- 14 -86. 8.30 a.m. - 5 p. 2 - 10. p.m. 3 $11.92 5- 15--86 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $1 5 -16-86 $:30 a.m. - 5 p.m. RDO 0 5.1 7 -86 RDO RDO 0 5 -18 -86 RDO 2 - 10 p.m. 0 5- 19 -86 8:30 a.m. - 5 p.m. 2:06 p.m. - 10 p.m. 2.54 min $11.82 5-20-86 8:30 a.m. - 5 p.m. Personal Leave 0 5 -21-86 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11 5-22-86 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 5- 23-86 8:30 a.m. - 5 p.m. RDO 0 5 -24 -86 RDO RDO 0 5 -25 -86 RDO 2 10 p.m. 0 5 - 26 -86 Holiday 2 - 10 p.m. 0 5 -27 -86 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 5 -28 -86 8:30 a.m. - 5 p. 2 - 10 p.m. 3 $11..82 5- 29 -86 8:30 a.m. - 5 p.m. 2 - 10 p.m.. 3 $11.82 5 -30 -86 8:30 a.m. - 5 p.m. RDO 0 5-31-86 RDO RDO 0 6 -1 -86 RDO 2 - 10 p.m. 0 6 -2 -86 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $1 6-3-86 8:30 a.m. - 5 p.m. Unpaid Leave 0 6 -4 -86 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 6 -5 -86 8:30 a.m. - 5 p.m. 2 - 10: p.m. Y $11.82 6 - 6-86 8:30 a.m. - 5 p.m. RDO 0 6 -7 -86 RDO RDO' 0 6 -8 -86 RDO 2 - 10 p..m. 0 6-9-86 8:30 a.m. - 5 p.m. Personal Leave 0 6 -10 -86 8:30 a.m. - 5 p.m. 2 - 10 p.m. 3 $11.82 6 -11 -86 8:30 a.m. - 5 p.m. 2 10 p.m. 3 $11.82 6- 12-86 8:30 a.m. - 5 p.m. Personal Leave 0 6-13 -86 8:30. a.m. - 5 p.m. RDO 0 6- 14 -86, RDO RDO 0 6 -15 -86 RDO 2 10 p.m. 0 6 -16 -86 8:30 a.m. - 5 p.m. 2 - 10 p. 1 $11.82 6,17 -86 Sick 2. - 10 p.m. 3 $11.82 6 -18 -86 Sick Sick 3 $11.•82 6- 19 -8 Sick Sick 3 $11.82 6- 20 -86. Sick RDO 0 6-21-86 RDO RDO 0 6 -22 -86 RDO Sick 0 6 -23 -86 8 a.m. - 5 p.m. Sick 3 $11.82 6 -24 -86 Sick Sick 3 $11.82 6- 25 -86. Sick Sick 3 $11 * RDO - regular day off Mr. Harvey A. Williams Page 19 Date L & 1 Record of Hahnemann Payroll Number of Over- Hourly Rate Absence gorse & Records lapping Hours of Pay Job Description 6 -26 -86 Sick Sick 3 $11.82 6 -27 -86 Sick SiCk 3 $11.82 6 -28 -86 RDO Sick 3 $11.82 6-29-86 RDO Sick 0 6- 30-86 Sitk Sick 3 $11.82 Williams also received sick pay from the State and Hahnemann Hospital for 8 days which would amount to a duplication of pay for 24 hours. At the rate of $11.82 an our this would amount to a cost of $238.68 for the State. 7 -1 -86 Sick Sick 3 $12.17 7 -2 -86 Sick Sick 3 $12.17 7 -3 -86 Sick Sick 3 $12.17 7 -4 -86 Holiday RDO 0 7-5-86 RDO RDO 0 7 -6 -86 RDO Sick 0 7 -7 -86 Sick Sick 3 $12.17 7 -8 -86 Sick Sick 3 $12.17 7 -9 -86 Sick Sick 3 $12.17 7 -10 -86 Sick Sick 3 $12.17 7 -11 -86 Sick RDO 0 7 -12 -86 RDO RDO 0 7 -13 -86 RDO Sick 0 7 -14 -86 Sick Sick 3 $12.17 7 -15 -86 Sick Sick 3 $12.17 7-16-86 Sick . Sick 3 $12.17 7 -17 -86 Sick Sick 3 $12.17 7 -18 -86 Sick RDO 0 7 -19 -86 RDO RDO 0 7-20-86 RDO Sick 0 7 -21 -86 Sick Sick 3 $12.17 7 -22 -86 Sick Sick 3 $12.17 7 -23 -86 Sick Sick 3 $12.17 7 -24 -86 Sick Sick 3 $12.17 7 -25 -86 Sick RDO 0 7 -26 -86 RDO RDO 0 7 -27 -86 RDO Sick 0 7 -28 -86 Sick Sick 3 $12.17 7 -29 -86 Sick Sick 3 $12.17 7 -30 -86 Sick Sick 3 $12.17 7 -31 -86 Sick Sick 3 $12.17 8 -1 -86 Sick RDO 0 8 -2 -86 RDO RDO 0 8 -3 -86 RDO Sick 0 * RDO - regular day off Mr. Harvey A, Williams Page 20 Date L & I Record of Hahnemann Payroll Number of Over- Hourly Rate Absence Form & Records lapping Hours of Pay Job Description 8 -4 =86' Sick Sick 3 $12.17 8 -5 -86 Sick Sick 3 $12.17 8 -6.46 Sick sick 3 $12.17 8 -7.86 Sick Sick 3 $12.17 8 -8 -86 Sick RDO 0 8 -9 -86 RDO RDO 0 8 -10 -86 RDO Sick 0 $ -11 -86 Sick Sick 3 $12.17 8 -12 -86 Sick Sick 3 $12.17 8 -13 -86 Sick Sick 3 $12.17 8 -14 -86 Sick Sick 3 $12.17 8 -15 -86 Sick RDO 0 8-16-86 RDO RDO 0 8 -17 �86 RDO Sick 0 8 -18 -86 Sick Sick 3 $12. 8 -19 -86 Sick Sick 3 $1.2.17 8 -20 -86 Sick Sick 3 $12.17 8 -21 -86 Sick Sick 3 $12.17 8 -22 -86 Sick RDO 0 8 -23 -86 RDO RDO 0 8 -24 -86 RDO Sick 0 8 -25 -86 Sick Sick 3 $12.17 8 -26 -86 Sick Sick 3 $12.17 8 -27 -86 Sick Sick 3 $12.17 8 -28 -86 Sick Sick 3 $12.17 8 -29 -86 Sick RDO 0 8 -30 -86 RDO RDO 0 8 -31 -86 RDO Sick 0 9 -1 -86 Holiday Sick 0 $12.17 9 -2 -86 Sick Sick 3 $12.17 9 -3 -86 Sick Sick 3 $12.17 9 -4=86 Sick Sick 3 $12.17 9 -5 -86 Sick RDO 0 9 -6 -86 RDO RDO 0 9 -7 -86 RDO Sick 0 9 -8 -86 Sick Sick 3 $12.17 9 -9 -86 Sick Sick 3 $12.17 9 -10 -86 Sick Sick 3 $ 12 . 17 9- 11 =86 Sick Sick 3 $12.17 9 -12 -86 Sick RDO 0 9 -13 -86 RDO RDO 0 9 -14 -86 RDO Sick 0 9 -15 -86 Sick Sick 3 $12.17 9 -16 -86 Sick Sick 3 $12.17 * RDO - regular day off Mr. Harvey A. Williams Page 21 Date L & I Record of Hahnemann Payroll Number of Over- Hourly Rate. Absence Form & Records lapping Hours of Pay Job Description 9 -17 -86 Sick Sick 3 $x2.17 9 -18 -86 Sick Sick 3 $12.17 9 -19 -86 Sick RDO 0 9 -20 -86 RDO RDO 0 9 -21 -86 RDO Sick 0 1 -22 -86 Sick Sick 3 $1 9 -23 -86 Sick Sick 3 $12.17 4 -24 -86 Sick Work Injury 3 :4:17 7 9 -25 -86 Sick Work Injury 3 9 -=6 -86 Sick RDO 0 9-21-86 RDO RDO 0 5 -28 -86 RDO Work Injury 3 $1,2.17 9 -29 -86 Sick Work Injury 3 $1,2.17 9 -30 -86 Sick Work Injury 3 $22.17 10-1-86 Sick Work Injury 3 $12.17 10 -2 -86 Sick Work Injury 3 $12.17 10-3-86 Sick RDO 0 10 -4 -86 RDO RDO 0 10 -5-.86 RDO Work Injury 0 10 -6 -86 Sick Work Injury 3 $12.17 10 -7 -86 Sick Work Injury 3 $12.17 10 -8 -86 Sick Work Injury 3 $12.17 10 -9 -86 Sick Work Injury 3 $12.17 10 -10 -86 Sick RDO 0 10 -11 -86 RDO RDO 0 10 -12 -86 RDO Work Injury 0 10 -13 -86 Holiday Work Injury 0 10 -14 -86 8:30 a.m. - 5 p.m. Work Injury 3 $12.17 10 -15 -86 8:30 a.m. - 5 p.m. Work Injury 3 $1 10 -16 -86 8:30 a.m. - 5 p.m. Work Injury 3 $12.17 10 -17 -86 8:30 a.m. - 5 p.m. Work Injury 3 $12.17 10 -18 -86 RDO RDO 0 10 -19 -86 RDO RDO 0 10 -20 -86 8:30 a.m. - 5 p.m. Work Injury 3 $12.17 10 -21 -86 8:30 a.m. - 5 p.m. Work Injury 3 $12.17 10 -22 -86 8:30 a.m. - 5 p.m. Work Injury 3 $12.17 10 -23 -86 8:30 a.m. - p.m. Work Injury 3 $12..17 10 -24 -86 8:30 a.m. - 5 p.m. RDO 0 10 -25 -86 RDO RDO 0 10 -26 -86 RDO Work Injury 0 10 -27 -86 8:30 a.m. - 5 p.m. Work Injury 3 $12.17 10 -28 -86 8:30 a.m. - 5 p.m. Work Injury 3 $12.17 10 -29 -86 8:30 a.m. - 5 p.m. Work Injury 3 $12.17 10 -30 -86 8:30 a.m. - 5 p.m. Work Injury 3 $12.17 * RDO - regular day off Mr. Harvey A. Williams Page 22 Date 10- 33.ye6 1.i. -186 11 -2 11 -3 -86 11 -4 -86 1,1 -5,86 11-6-86 11, -$6 11-8-86 11 -9 -86 11 -10 -86 11- 11,86 11-:12,86 11,13 11,14 -:86 11 -15 -86 11 -16 -86 11 -17 -86 11 -18 -86 11- 19. =:86 11-20-86 11 -21 -86 11 -22 -86 11 -23 -86 11 -24 -86 11 -25 -86 11 -26 -86 11 -27 -86 11- ,28 -86 11 -29 -86 11-30-86 12 -1 -86 12 -2 -86 12 -3 =86 12'=4 -86 12 -5 -86 12 -6 -86 12 -7 -86 12 -8 -86 12 -9 -86 12 -10 -86 12 -11 -86 12 -12-86 12 -13 -86 12 -14 -86 12 -15 -86 L & I Record of Absence Form & Job Description 8:30 a.m. 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8 :30 a.m. - 5 p.m. Holiday 8:30 a.m. - 5 p.m. 8;30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. Holiday 8:30 a.m. - 5 p.m. RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. Civil Leave RDO RDO 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. 8 :30 a.m. - 5 p.m. 8:30 a.m. - 5 p.m. RDO RDO 8 :30 a.m. -• 5 p.m. Hahnemann Payroll Number of Over- Hourly Rate Records lapping Hours of Pay RDO 3 RDO 0 Work Injury 0 Sick 3 Sick 3 Sick 3 Sick 3 RDO 0 RDO 0 Sick 0 Sick 3 Sick 3 Sick 3 Sick 3 RDO 0 RDO 0 Sick 0 Work Injury 3 Work Injury 3 Work Injury 3 Work Injury 3 RDO 0 RDO 0 Work Injury 0 Work Injury 3 Work Injury 3 Work Injury 3 Work Injury 3 RDO 0 RDO 0 Work Injury 0 Sick 3 Sick 3 Sick 3 Sick 3 RDO 0 RDO 0 Sick 0 :Work Injury 3 Work Injury 3 Work Injury 3 Work Injury 3 RDO 0 RDO 0 Sick 0 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 $12.17 Mr. Harvey A. Williams Page 23 Date L & I Record of Absence Form Job Description 12 -16 -86 12- 1746 12 -18x86 12 -19 -86 1/=21 -86 12 -22 -86 1/�2, -86 12 1245 -86 12 -86 12-- 2786 1 -28 -86 12 -29 -86 1'2 -30 -86 .'2 -1 -86 8 :30 8:3b 8:30 8:30 a.m. 8:30 a.m. 8 :30 a.m. 8:30 a.m. RDO RDO 8:30 a.m. 8:30 a.m. 8:30 a.m. Holiday 8:30 a.m. RDO RDO a .m. a .m. a .m. p.m. P.M. p.m. - 5 p.m. - 5 - 5 - 5 - 5 - 5 5 5 - 5 - 5 You challenge reasons in Finding 14. Statements on Labor and Industry p.m. p.m. p.in. - 5 p.m. p.m. p.m. p.m. Hahnemann payroll Number of Over.- Hourly Rate Records lapping Hours of Pay Information on Williams' work record, at Hahnemann Hospital, from 12 15 -86 to 12 -31 -86 was not on file. You challenge that there is any rbverlapping based upon your reasons in Finding 11.c.(1). 13. There was an overlapping of hours regarding the two positions that you held and the compensation that you received as a result thbreof. . that there is any overlapping based upon your 11.c.(1). file for you with the Pennsylvania Department of for 1985 and 1 indicate as follows: a. Statement date: April 20, 1985. For calendar year: 1984. Sources of income in excess of $500: Commonwealth of Pennsylvania. All other categories of financial interests: None. b. Statement Date: May 5, 1986. For calendar year: 1985. All categories of financial interests: none. 15. Marge Koral, Esquire, provided the following information in relation to the instant situation: a. She represented you in relation tb° disciplinary procedures at the Pennsylvania Department of Labor and Industry. Mr. Harvey A. Williams Page 24 b. There wwS stn agreement with the Department that if Mr. Williat5" resigned the matter of dual employment would not be pursued. 16. In your lit -ter of resignation from your position of employment, at the Department of Labor and Industry you provided, in part, the following information: a. You engaged in outside employment due to a and not for personal gain. b. You did not report the supplemental income disclosure forms. c. Although there were questions raised about the hours you worked and whether you were compensated for more hours than you worked, in reality you worked on weekends and evenings and were not compensated. You worked more time than that for which you were compensated. d. You complained about the manner in which this situation was processed. e. You lost accumulated annual leave that you did not use and therefore, such leave was lost. This amounted to 136.5 hours. 17. Attempts to interview you regarding the instant situation have been unsuccessful as you have not responded to such requests. a. You assert that you did respond through your counsel. 18. Robert Risaliti provided the following testimony: a. As a supervisor in the Prevailing Wage Division of the Department of Labor and Industry, Commonwealth of Pennsylvania, he had knowledge of your duties as a prevailing wage inspector. b. The uniform hours for all inspectors were 8:30 a.m. to 5:00 p.m. 0, Although there could be deviations from normal working hours, such were not normal and would be only one half hour. d. You submitted monthly expense vouchers which listed your hers as 8:30 a.m. to 5:00 p.m. He had no knowledge that you worked between 6 :00 a.mi to 1:00 p.m. family illness on your finairdial Mr. Harvey A. Williams Page 25 P- f. You did not request permission to work flex time and no one ever advised him that you made a request for flex time. g. As the staffing of the Prevailing Wage Division decreased from 1974 to 1987, the workload of individual inspectors who remained on staff increased. h. The expectation was for a full day's work by the inspectors. i. As to the Code of Conduct, Statement of Financial Interests, for the year 1986 and 1987, the 1986 document contains the notation "n /a" as to category 6 which requires the listing of employment other than the Commonwealth of Pennsylvania; the 1981 document lists Hahnemann Hospital in category 6 with income of $836.60 computed (sic) at 880 hours times $9.50. These documents bear your signature. Your job descriptions dated and signed by you an August 1, 1985 and November 12, 1986 . reflect your working hours as 8:30 a.m.' to 5:00 p.m. k. He believed you were working during the hours noted on your job descriptions. 1. Complaints were received about your work that certain things like audits, reports and daily reports were late through the course of your employment. m. As part of your duties as inspector, you could receive calls on weekends or evenings; in addition, you perform some work at home. n. There are times when inspectors have to go out early' and also work late. o. An audit could take anywhere from one hour to several days, and once completed, the paperwork would have to be done at the inspector's home. Inspectors are to cease inspection procedures on Friday afternoons and then complete all paperwork for the week; if the paperwork becomes completed, the inspectors are expected to work for the Commonwealth the rest of the time. 19. Cletis Emrick testified as follows: a. He worked as an inspector in. the Prevailing Wage Department for 20 years. M. Harvey A. Williams Page 26 b. He left his home at 7:00 a.m. and returned at 3:00 p.m. when he would do his reports. c. The work day in his view started when he left his home. 20. You provided the following testimony: a. Mr. Risaliti sent you a memo about late filings at a time when your mother was extremely ill. b. When you were hired, you were advised that a minimum of two inspections were required per day; you performed anywhere from 12 to 15 inspections per week. c. You started working at 6:30 a.m. because a contractor's employees started at seven and it was difficult to interview anyone after 7:00 a.m. when they were working. d. You finished work at 1:00 p.m., went home, changed clothes and went to work at Hahnemann. e. Your Commonwealth working hours were the same before and after you started" working at Hahnemann in 1984. - f. The paperwork for the daily inspections world take 1 to 2 hours which you completed on the same day and sent to Harrisburg at the end of the week. The directors and enforcement officer in Harrisburg knew you were working at Hahnemann. h. Due to a heat attack on June 17, 1986, you did not work and were on leave with the Commonwealth until November 1987. i. Your "work .at Hahmemann did not cause you to fail to perform your "duties for the Commonwealth. j. You received a letter from the Department of Labor and Industry regarding your other employment; you were suspended from Commonwealth employment pending fact finding and agreed to- resign when you were advised that no charges would be pressed if you would resign. k. You would receive work related calls evenings and on weekends and there were occasions when you worked on weekends and did not charge the Commonwealth for that time. 1. As to any backlog, such would not be attributable to you but to the Legal Department in Harrisburg. Mr. Ha A. Williams Page 27 m. You admit working at Hahnemann during 1985, 1986 and 1987 with working hours between 2:00 p.m and 10 :00 p.tv. n. Although you received income in 'excess of $500 from Hahnemann for 1985, you did not list that on the financ'ial disclosure form because "there was no conflict involved. o. On the financial disclosure form dated April 20, 1985, you listed the Commonwealth of Pennsylvania as a source of income in excess of $500. You listed the Commonwealth as a source of income even though no conflict was involved because the Commonwealth was your employer. You did not list Hahnemann because "it had nothing to do with the ethics thing." q. As to the Governor's Code of Conduct which required the listing of employment, excluding Commonwealth employment, you did not list Hahnemann on the disclosure dated May 5, 1986 because you "felt it did not apply because I didn't think it was in conflict with my work at Commonwealth of Pennsylvania." r. You signed your job description which reflects your working hours between 8:30 and 5:00 Monday through Friday. s. You worked for the Commonwealth between 6:30 and 1:00; for Hahnemann between 2':00 and 10:00; at home for the Commonwealth for 1 or 2 hours and for the community on weekends. t. In one of the proffered letters of resignation, the language of which waa unacceptable to the Department of Labor end Industry, you recited that you were available Whendver the public called but concede that such was not the casebetween 2:00 p.m. and 10:00 p.m. B. Discussion: As a Field Inspector Supervisor for the Department of Labor and Industry, you were a public employee as that term is defined under' the Ethics Act and Regulations of this Commission. 65 P.S. S402; 51 Pa. Code 1.1. As such, you are subject to the provisibnsiof the Ethics Act and the restrictions therein are applicable to you. Initially, it is noted that Section 5 of Act 9 of June 26, 1989 provides, in part, as follows: "This amendatory act shall not apply to • violations committed committed prior to the effective date Mr. Harvey A. W4.1 l isms Page of this act, and cause of action initiated for such violations shall be governed by the prior law, which is continued in effect for that purpose as if this act were not in force. For the pur abses of this section, a violation was committed prior to the effective date of this act if any e lements of the violation occurred prior thereto," Since the occurrences in this case transpired prior to the effective: date: Act 9 (June' 26, 1989), we must apply the provisi : : dna of Act 170 Of October 4, 1918, P.L. 883 to de-terrnine whether tke , Ethics' Act was violated . Under Section 3(a), quoted above, this Commission has determined that use of office by a public official to obtain a financial gain for helf or` a- member of his immediate family or a business with which he is associated which is not provided for in law transgresses the above provision of law. Thus, use of office by a public official to obtain a financial gain which is not authorized as part of his compensation is prohibited by Section 3(a): Hoak /McCutche.v., State Ethics Commission, 77 Pa. Commw. Ct. 529, 466 A.2d 283 (1983); Yacobet v. State Ethics Commission, 109 Pa. Commw. Ct. 432 531 A.2d 536 (1987). Similarly, Section 3(a) of the Ethics Act would prohibit a public official /employee from using public office to advance his own interests; Koslow v. State Ethics Commission, 116 Pa. Commw. Ct. 19, 540 A.2d 1374 (1988). Likewise, a public official /employee may not use the status or position of public office for his own personal advantage; Huff, Opinion 84 -015. As to Section 5 of the Ethics Act and Regulation 5.7, these provisions require the listing of the naive and address of persons or employers from whom income of $500' or more in the aggregate is received for the reporting year. In the instant matter you were employed as a prevailing wage inspector in the Department of Labor and Industry, Commonwealth of Pennsylvania. The scheduled work hours, as evidenced by various documents, for your position were 8:30 to 5:00 Monday through Friday. Mr. Risaliti, Supervisor in the Prevailing wage Division testified that the uniform working hours for inspectors were 8:30 to 5 :00; deviations - from working hours were not normal and any deviations would be for on half hour. In addition, Mr. Risaliti stated that you never requested ff1ex tilime and he believed you were working 8:30 to 5:00. As previously tshe job descriptions you signed and expense vouchers you submitte 9.¢ r"e 1=edt:- lb working hours as 8: to 5:00. Your actual working hours are crucial because you admit that you= were also employed beginning in 1984 at Hahnemann University between. the hours of 2 : 10:00 p.m. H6wever, you assert that you were Mr. Harvey A. Williams Page 29 not paid by the Commonwealth at times when you were working at Hahnemann based upon your claim that you actually worked for Labor and Industry between the hours of 6:30 and 1:00 and performed paperwork at home for one or two hours after your shift at Hahnemann. You testified that you also took Commonwealth work related telephone calls evenings and weekends when you also did community work; you assert that your work at Hahnemann did not cause you to fail to perform your duties with the Commonwealth. We, in our role as fact finder, do not find your testimony to be credible. For this Commission to believe that you held two full time jobs between 6:30 a.m. and 10:00 p.m. followed by one or two hours paperwork at home, would make your work day begin 6:30 a.m. and end at 1:00 or 2:00 a.m. in the morning; such strains the bounds of credulity. The job descriptions you signed and expense vouchers you submitted reflect your working hours as 8:30 a.m. to 5 :00 p.m. Mr.' Risaliti believed that these were your working hours. Simply stated, we find as a matter of fact that a situation existed where you were logged in and paid for "working" for the Commonwealth between one and five when you were in fact during those hours getting ready for, going to and actually working at Hahnemann. You argue that your employment at Hahnemann did not affect the performance of your job with the Commonwealth; such does not appear to be the case in light of the criticism you received on several occasions regarding complaints that your audits and "things" were not moving on time. Finally, when your dual employment was discovered, you were suspended. You resigned to avoid "charges ". In this case, your actions violated Section 3(a) of the Ethics Act. You used public office through the position .. you held as prevailing wage inspector for which you were compensated and obtained a financial gain which consisted of being paid for hours you did not work. Being paid for hours not worked is not a compensation which is provided for by law. Our decision in this case is consonant with Cohen, Order 610, -R where we found that the Enforcement Director of the Pennsylvania Securities Commission violated Section 3(a) of the Ethics Act when he was paid for bogus sick leave and false "logged in" time when he was in fact sitting on arbitration panels and receiving fees. See also Dorrance, Order 456. In light of the above finding, this matter will be referred to the appropriate law enforcement authority for review and appropriate action. Turning to the imatter of the allegations concerning the, failure to list Hahnemann University as a source of income in excess of '$500 for 1985 and 1986, your testimony as to why you failed to list the income is inconsistent. Initially, you stated that you failed to list Mr. Hervey A. Williams Page 30 Hahnemann because you believed that you had to list only those interests that were actual conflicts. Thereafter, you testified that your failure to list was an oversight. The decision not to list on a theory that no conflict existed had to be a conscious action battAlid upon deliberative thought which contradicts your later explanation that the failure to list was due to oversight' on your part. Once again, we as fact finder do not find your testimony to be plausible. It is clear that your failure to list was to conceal your dual employment and the circumstances of that employment with Hahnemann. If you truly believed that you only had to list those sources of income which constituted conflicts, why did you list the Commonwealth as a source of income which is not a conflict. Your profferect explanations for your failure to list Hahnemann as a source of income make no rational sense. The conclusion is clear that you did not list Hahnemann because you did not want your conflict discovered. You violated Section 5 of the Ethics Act by failing to list Hahnemann as a source of income in excess of $500 for 1985 and 1986. You are directed to file amended Statements of Financial Interests for 1985 and 1986 which list Hahnemann as a source of income in excess of $500 within 30 days of the issuance of this Order. You finally argue that this matter should be dismissed based'upon the application of the doctrine of laches. Although you have not specifically raised a statute of limitations argument, it is noted that our review is not precluded by 42 Pa. C.S.A. 5552(c)(2). As to laches, the application of that doctrine against a Commonwealth agency requires a stronger showing than against an individual. Weinberg v. State Board of Examination of Public Accountants, 509 Pa. 143, 501 A.2d 239 (1985). Laches requires not only inexcusable delay in instituting the action but also prejudice to the defendant resulting from such delay. Loverich v. Warner Co., 118 F.2d 690, (1940), cert deniecd 31 U.S. 577 (1940). Unless it is shown that the delay has inflicted injury upon the defendant, laches does not lie. Bianco v. Pullo, 195 Pa. Super. 623, 171 A.2d 620 (1961). See also Lvness v. Commonwealth State Borough of Medicine, Pa. Commw. Ct. , 561 A.2d 362 (1989). In this case, you were notified on August 31, 1987 that an investigation concerning the above issues was being commenced. The notice followed your termination in May of 1987 by less than three months. The investigation was completed and a Findings Report (Investigative Complaint) was issued on May 12, 1989. The above operative dates do not reflect an inordinate amount of time for the Investigative Division to conduct an investigation and issue a Findings Report, especially since this Commission was in a six month sunset wind down within that period of tine. Mr. Harvey A. Williams Page 31 we therefore reject your claim of laches. Parenthetically, even if there were an inexcusable delay by the Investigative Division, there has been no showing that you were prejudiced in any way. C. Conclusion and Order: 1. As a former Field Inspector Supervisor with the Department of Labor and Industry, you were a public employee subject to the provisions of the Ethics Act. 2. You violated Section 3(a) of the Ethics Act when you used public office to obtain a financial gain other than compensation provided by law consisting of compensation from the Commonwealth during hours that you worked as a security guard at Hahnemann University. 3. You violated Section 5 of the Ethics Act when you failed to list Hahnemann University as a source of income in excess of $500 for 1985 and 1986. 4. You are directed to file amended Statements of Financial Interests for 1985 and 1986 within 30 days of the issuance of this Order which list Hahnemann as a source of income in excess of $500. 5. This matter will be referred to the appropriate law enforcement authority for review and appropriate action. This Order is final and will be made available as a public document fifteen days after issuance. However, you may request reconsideration which will defer public release of this Order pending action on your request by the Commission. A request for reconsideration, however, does not affect the finality of this Order. A reconsideration request must be received at this Commission within fifteen days of issuance and must include a detailed explanation of your reasons as to why reconsideration should be granted in conformity with 51 Pa. Code 52.38. The files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 P.S. 408(a) during the fifteen day period and no one, including yourself, unless the right to challenge this Order is waived, may violate confidentiality by releasing, discussing or circulating this Order. However, confidentiality does not preclude you from discussing this case with your attorney at law. Mr. Harvey A. 3lliams Page 32 Any person who Wtblactes confidentiality of a Commission proceeding is guilty 4df 'a misdemeanor and shall be line4 not more than $1,000 or imprisoned for not more than one year or'both, 65 P.S. 409(e). By the ommission, Helena G. Hughes Chair Robert W. Brown did•hit participate in this matter.