HomeMy WebLinkAbout749 FosterIn re: Eugene Foster
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
: File Docket: 87 -178 -C
: Date Decided: Mav 17,.,1990
: Date Mailed: Mav 29, 1990
Before: Helena G. Hughes, Chair
Robert W. Brown, Vice Chair
James M. Howley
Daneen E. Reese
The State Ethics Commission received a complaint regarding a
possible violation of the State Ethics Act, No. 170 of 1978, 65 P.S.
401 et. seq. Written notice, of the specific allegation(s) was served
at the commencement of the investigation. A Findings Report was
issued and served, upon completion of the investigation, which
constituted the Complaint by the Investigation Division. An Answer
was filed and a hearing was waived. The record is complete. This
adjudication of the Commission is hereby issued which sets forth the
individual Allegations, Findings of Fact, Discussion, Conclusions of
Law and Order.
This adjudication is final and will be made available as a public
document fifteen days after issuance. However, reconsideration may be
requested which will defer public release of this adjudication pending
action on the request by the Commission - . A request for
reconsideration, however, does not affect the finality of this
adjudication A reconsideration request must be received at this
Commission within fifteen days of issuance and must include a detailed
explanation of the reasons as to why reconsideration should be granted
in conformity with 51 Pa. Code 2.38.
The files in this case will remain confidential in accordance
%filth Section 8(a) of the Ethics Act, 65 P.S. 408(a) during the fifteen
,' period and no one unless the right to challenge this Order is
;waived, may violate confidentiality by releasing, discussing or
circulating this Order. However, confidentiality does not preclude
discussing this case with an attorney at law.
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, 65 PS 4 .
ADJUDICATION
I. Allegation: That you, a Canton Township, Washington County
Supervisor, violated the below noted provisions of the Pennsylvania
Public Official's and Public Employee's Ethics Law (Act 170 of 1978),
when you engaged in the following conduct:
a. Directed Canton Township Road Department employees to
perform maintenance work on your personal rental property at
the township's expense.
b. Failing to list Church of the Covenant, Washington,
Pennsylvania as a source of income on your Statements of
Financial Interests.
c. Utilizing township purchased materials and township
items for personal use.
d. Utilizing Canton Township road crew members to deliver
cheese, butter, rice and other food items from a surplus
food distribution program to your personal residence.
e. Utilizing Canton Township employees to distribute campaign
literature.
f. Utilizing Township equipment for personal purposes.
Section 3. Restricted Activities.
(a) No public official or public employee shall
use his public office or any confidential
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. 403(a).
Section 5.. Statement of financial interests.
(b) The statement shall include the
following information for the:prior calendar year
with regard to the person required to file the
statement...
(5 )`. The name and address et; any „ person who
is the direct or indirect source eeincome
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),
A. Finding*
Mr. Eugene Foster
Page 3
The findings in relation to Allegation I a are as followa
1. You serve as an elected Township Supervisor in Canton Township,
Washington County, Pennsylvania.
a. You have served in this position since 1974.
b. You have been Chairman of the Township Board of Supervisors
for several years and are currently serving in that
position.
2. Records of the Washington County Real Estate Tax Bureau indicate
that you are responsible for paying taxes on the following properties:
Buffalo Township:
Parcel No. 060- 001- 00 -00- 0002 -01,
Eugene Foster, R.D. #3, Washington, Pennsylvania,
15301.
2. Parcel No. 060 - 001- 09 -99- 0003 -01
9999 -9999 Trailer.
3. Parcel No. 060- 001- 09 -99- 0003 -02
9999 -9999, Trailer.
4. Parcel No. 060 - 001- 09 -99- 0003 -03 Eugene M.
Description: 999 -9999. Trailer.
Eugene. Description:
Eugene. Description:
b. Canton Township:
1. Parcel No. 120- 008- 00 -00- 0026 -00. Eugene M.
Washington Federal Savings and Loan Association. 77 S.
Main Street, Washington, Pennsylvania. Description:
Book 2193, Page 0207 - 12 Acres, 1 story Frame House.
2. Parcel No. 120- 008 - 03-01- 0020 -00, Eugene M.
Description: Book 1347. Page 0850 -218' x 485' Trr.
House, lsty fr.
3. Parcel No.. 1 - 01 00 -00- 0052 -00. Foster J. Albert &
Eugene M. Description: Book 2299, Page 0509 & Book
1558, Page 0087/.. Land, 45. Acres.
3. Several of the trailers that you own in Buffalo Township are
rental properties that are leased to tenants.
4. Township road employees during the period 1985 through and
including 1987 included the following individuals: Howard B. Main,
Howard E. Main, Delbert Main, James Mull and Willie Smith. Richard
Mx. Eugene Foster
Page 4
Bernett was employed by the township as a
approximately February, 1985.
5. Howard E. Main provided the following
the instant situation:
a.
b. He is familiar with Eugene Foster who has served as a Canton
Township Supervisor and chairman of the board of the
township supervisors.
c. During the period that he worked as a Canton Township road
employee, Eugene Foster requested that he work on Mr.
Foster's private property during township working hours.
d. As a result, he and other road employees would perform
various work assignments on Mr. Foster's properties,
including his trailer court, during township hours.
e. He was paid his usual township salary or overtime by the
township for working on Mr. Foster's properties.
f. Mr. Foster's trailer court is located off of Route 844 and
there are several trailers on the property.
He began performing these functions for Mr. Foster in late
1984 and continued to do such until the fall of 1986. At
that time, Mr. Main advised Mr. Foster that he would no
longer perform personal tasks for Mr. Foster on township
time and he, thereafter, terminated such activities.
h. Most of the assignments that he was doing for Mr. Foster
that were of a personal nature were conducted during 1986.
During that year, there was a period of time when the road
crew would be going down to Mr. Foster's properties for a
week at a time.
k.
road worker until
information in relation to
He has been employed by the Canton Township Road Department
for approximately 13 years and he has served as crew leader
during that time.
i. Most of the time, the road crew worked for Mr. Foster on
Saturdays and a majority of the road crew participated in
these activities.
He shad participated in working in every trailer on the
property.
'Delbert Main installed heating elements and hot water tanks
in the trailers for Mr. Foster
Mr. Eugene Foster
Page 5
1. The road crew also painted and wall papered the trailers.
m. They also moved furniture from trailer to trailer.
n. Additionally, the road crew trimmed trees, cut the grass and
worked around the outside of the trailer park.
o. Foster also owned another piece of property on Route 844 at
the bottom of Veltry Drive. There was one trailer situated
on that property. The road crew was utilized to clean the
property and cut the grass and install railroad ties on that
property. The railroad ties were installed around the
garden and parking lot next to the trailer.
p. The work also included painting. Some of the work was
during the week but the garden work was completed on a
Saturday at overtime rates charged to the township. The
work crew was also required to work on the Church of the
Covenant which owns several buildings on Penn Avenue.
Mr. Foster was responsible for keeping the church's
properties in good condition and the members of the road
crew were utilized on township time to haul and clean the
area. The crew also installed suspended ceilings and
unclogged drains. This occurred approximately in 1986 and
all work was charged on township time.
r. On one occasion, the road crews working on Mr. Foster's
trailers at the trailer court, were observed by a woman, Ms.
Bonus, who was on the property.
6. Willie Smith provided the following information in relation to the
instant situation:
a. He has been employed by Canton Township as a truck driver
and laborer for approximately twenty -two years.
b. He has known the township supervisor, Eugene Foster, for ten
years.
c. During his course of employment with Canton Township, he has
been required to work on Mr. Foster's personal trailer park
while being paid for such by Canton Township.
d. He worked at Mr. Foster's trailer court three or four times
in 1986.
e. The work was conducted on Saturdays and the individuals who
worked were paid time and a half by the township.
Mr. Eugene Foster
Page 6
Other township employees were also present working on Mr.
Foster's property.
They were cutting grass and painting. They also installed
railroad ties in another property owned by Mr. Foster on
Route 844 across from Veltry Drive.
h. In addition to working on Mr. Foster's trailers, he also
worked at the Covenant church properties. ..•
i. He painted rooms, hallways, and a bathroom in one building.
He was paid by the township for performing the work at the
Covenant Church.
7. Howard B. Main provided the following information in relation to
the instant situation:
a. He has been an employee of Canton Township for approximately
thirty years, except for a two -year period of time. He was
employed by the Canton Township Road Department as a truck
driver /laborer. He has known Eugene Foster for
approximately ten years at which time Mr. Foster had become
a township supervisor.
b. During the course of his term of employment with Canton
Township, he has worked at Eugene Foster's trailer park in
Buffalo Township.
This occurred during 1986 and the work was done on
Saturdays. He was paid overtime by the township for this
work.
d. Both of his sons, Delbert and Howard Main, also worked on
-,Mr-. Foster's property on township time as well as at the
church property.
e. He painted two bungalows on Foster's property in Buffalo
Township.
8. James Mull provided the following information in relation to the
instant situation:
a. He has been an employee of Canton Township for approximately
fourteen years.
b. He is employed on the township road crew as a truck
driver /operator and laborer.
c. He has known Eugene Foster since Foster became a township
supervisor.
Mr. Eugene Foster
Page 7
d. During the course of his term of employment with the
township, Mr. Mull has been requested to work on Mr. Eugene
Foster's personal properties in Buffalo Township.
e. All of the work that was performed on Mr. Foster's property
was paid for through the utilization of township funds. He
generally worked there on week days and Saturdays and he
was paid time and a half for the work that was performed on
Saturdays.
f. He would cut the grass, install drains, unclog drains,
cleaned and installed elements in hot water heaters,
generally cleaned debris around the trailers when they were
remodeled and on occasion, painted.
g. He also hauled a load of slag to the Foster properties in
Buff-a].!o Township in a township truck. The slag had been
obtained from the township building.
h. Mr. Mull also assisted Mr. Foster in securing a refrigerator
and installing the refrigerator in one of the tenants
houses. He indicated that the refrigerator was delivered in
a township truck.
i. He also worked at the Church of the Covenant in Washington
for Mr. Foster and was once again paid for that work through
township funds.
Mr. Foster never personally paid him any money for the work
that he performed. The work at the church was performed
whenever Mr. Foster wanted them to work there.
j
k. He worked at the church on approximately ten different
occasions at Penn and Beau Streets in Washington,
Pennsylvania. The work performed at the church included
painting, cleaning out cellars and picking up garbage. A
township owned two -ton truck was utilized for such purposes.
1. He also was required to help clean up a property Mr.
roster owned on Route $` amass from Veltry Drive. He also
hauled railroad ties to that location and performed work
installing said ties around the garden in back of the
trailer.
m. The road crew also painted a house on South Hewitt Avenue
that was owned by Mr. roster.
Mr. Eugene Foster
Page 8
n. Other members of the road crew were present and helped to
perform the work at Mr. Foster's various properties.
9. Delbert B. Main provided the following information in relation to
the instant situation:
a. He is an employe of Canton Township and has been with the
road crew as a road 'worker for approximately eight years.
b. During the course of his employment with the township, he
has been required to work on Township Supervisor Eugene
Foster's personal property on a number of occasions.
c. He was compensated for performing such work with township
funds.
d . Other township employees also were required to work on Mr.
Foster's properties.
e. The work that was performed on Mr. Foster's properties
generally included cutting the grass, painting, putting
electric outlets on Mr. Foster's properties, wall papering
and other tasks that needed to be done.
f. A large portion of the work was done by Main and his brother
Howard Main.
Delbert Main worked on Mr. Foster's personal properties
until approximately November of 1986, at which time he
advised that he would no longer perform such duties.
h. Mr. Main indicated that they also worked at the Church of
the Covenant at the request of Mr. Foster who was
compensated by the church for suoh activities The
employees were compensated for thisrwork, once again, with
township funds
Other employees who performed work Of a personal nature for
Mr. Foster on township time were {Howard E. Main, William
Smith, Jim :Mull and Howard B. 1 ah
Other individuals observed the tOWnsh p employeee Mr.
Foster's properties.
k. Mr. Main indicated that Mr. Poster had approximately eleven
rental properties consisting of nine in Buffalo Township and
two in Canton "Township. These :properties included six
trailers, the house,, toteliouble house, One trailer on
Jefferson Avenue and one °ee "Ridge Road.
g.
j.
Mr. Eugene Foster
Page 9
10. Richard Barnett provided the following information in relation to
the instant situation:
a. He was employed by Canton Township as a road worker during
the years 1980 through 1983.
b. He lived in one of the trailers owned by Mr. Foster in
Buffalo Township.
c. He worked on property owned by Mr. Foster two or three days
a week performing various jobs including installing a roof,
taking out garbage and cutting the lawn.
d. He also worked in a number of houses owned by the Church of
the Covenant in Washington Township at Mr. Foster's
direction.
e. Other members of the road crew would also work for Foster at
the Church.
f. All the work that he performed at the direction of Mr.
Foster on his personal properties was paid for through
township funds. The work included cutting the grass, taking
out garbage and installing galvanized pipe on one of the
Foster properties.
11. Howard E. and Delbert Main provided the specific occasions that
they could recall working on Mr. Foster's personal property as
follows:
a. On or about December 14, 1984, they installed a ceiling at
38 Penn Street; a property which was owned by the Church of
the Covenant and they were paid on that date by Canton
Township.
b. On or around April, 1985, they installed curtains and blinds
at that same address.
c. In May of 1985, they installed two drop ceilings at 412
Chestnut Street, a building which was owned by the Church of
the Covenant in Washington, Pennsylvania. They performed
that work on township time at the direction of Mr. Foster.
d. In May of 1985 at that same address, they hauled trash and
dirt in a township truck.
e. On May 19, 1985, they also painted portions of, the outside
of the house at 412 East Chestnut Street.
Mr. Eugene Foster
Page 10
f. In July, 1985, they hung curtains and blinds at 44 Penn
Street. All of these projects were paid for by the
township.
g.
j•
On or about July, 1985, they painted the front porch on
another portion of a property owned by the Church at 408
Chestnut Street. The time was paid for through township
funds.
h. In December of 1985, they installed two drop ceilings at 40
Penn Street.
a. He has known
was a worker
b. He performed
the Covenant
services.
i. The work that was performed on Mr. Fosters trailers in 1986
occurred during the week of or around July 4.
Work regarding railroad ties that were installed on Mr.
Foster's property was completed by Jim Mull and Bill Smith
on or around May 14, 1987.
12. Kenneth Gray provided the following information in relation to
the instant situation:
Eugene Foster for approximately 5 years.
for CETA.
various chores for Mr. Foster at the Church of
in Washington. Mr. Foster paid him for these
c. During his term working at the Church of the Covenant he did
not see any individuals from the township road crew. The
township road crew workers would drive him to the site and
pick him up at the end of the day.
d. He a.laq performed work with Jim Mull, Willie Smith, Delbert
an w rd Main on a house near the home of Mr. Foster's
parents. This work was for about two or three days and
Most of tbit work had already been completed when he was
4s-et/ailed to that project.
He also cut gram at. Buffalo Towns=hip and Mr. Foster's
trailer site.. Members of the township road crew were at
this locat performing-lawn maintenance type of work.
They worms at this site am and off when Mr. Foster needed
his grass cute.
f. On several occasions, when he went out there,. the Mains wore
there.
Mr. Eugene Foster
Page 11
13. Gina Bonus provided the following information in relation to the
instant situation:
a. In 1986, she rented a trailer from Eugene Foster.
b. She initially paid her rent on July 4, 1986 and she and
Bill Blayney moved into the house the following weekend.
c. Eugene Foster advised her that he wanted to clean up the
house before she could move in.
d. When she proceeded to the site, she observed the Canton
Township road crew on the premises doing various types of
work
e. She advised that five members of the road crew were present
and were painting the house.
14. Russell Dinch provided the following information in relation to
the instant situation:
a. He is a township resident and his father owns property
across the street from the Foster trailer park in Buffalo
Township.
b. Eugeti Foster has approximately 8 to 10 trailers on his
pfopety. Between May and July of 1986, he observed
towne ip employees at this location with Canton Township
trucks.,
c. They wete involved in a- project with culvert pipes. He
obs a high lift tacking culvert off of the township
trick and burying the pipe.
15. Roger Corbin provided the following information in relation to
the instant situation:
a. He has completed contradting work for Eugene Foster and
remodeled some of his rental property. This has been done
for approximately eight years.
b. He installed a water line for Foster in 1984 or, 1985. He
did not use any township equipment or back hoe on thi8
project.
c. On occasion, when he was at the Foster property, he did see
Howard E. Main, Delbert Main and Willie Smith. This was
approximately four years ago. At that time, he observed the
individuals from the road crew painting Mr. Foster's
Mr. Eugene Foster
Page :12
properties. Generally, he observed these individuals at
that location on weekends.
d. He also performed some work for Mr. Foster on Foster Road
(S. Hewitt Avenue) where he ran a water line from Fosters
home to another home that Foster 'owned up the road. At that
time, he did observe the township back hoe `at the 'Foster
residence but he did not operate it.
16. Records of the Canton Township weekly, bi- weekly, or semi- monthly
payroll reports for the Canton Township employees indicate that as
township supervisor you signed payroll reports regarding the hours
worked by all township employees and township payment to said
employees
a. Township records do not specifically indicate or note any
work performed by township paid employees for you.
b. Township employees `routinely earned overtime which wa`s - paid
by the township.
17. You provided the following information in relation to the instant
situation:
a. °YOu serve as an - elected Township Supervisor in Canton
Tdwnship, Washington County, Pennsylvania. You have served
in this position and you have been chairman for several
years.
(1) You have served in this position since 1974 and you
have been chairman for several years.
b. You are the owner of property in Buffalo TownshtpR.D. ti,
Claysville, Pennsylvania where yot have houses ann mobile
homes.
c. You also own
parents home
Pennsylvania
d.
You also own property on J4etferson Avenue
Veltry Drive on Route ( EOL
A mobile home Is rotated on that property.
oosite
pro • erty taeras's the road just west of your
on South Hewitt %Av -enue at R.D. # 3 ; WashingtOn,
where you haVe <a ,four room bungalow.
You deny that township road workers were ever utilised to
perform projects on your personally owned properties which
work was paid for by the township.
Mr. Eugene Foster
Page 13
(2) The painting was done in the evening and it was a small
job which included a kitchen.
(3) You never utilized township employees to cut grass,
prune trees or for any other project at your mobile
home court. The township never paid for any of the
work or labor that was conducted at your property in
Buffalo Township.
e. You never utilized township paid employees to perform work
functions at the mobile home site that you own on Jefferson
Avenue.
g.
(1) On one occasion, several years ago, one township
employee did do some painting for you at the mobile
home court in Buffalo Township. You personally paid
for the painting that was done by this employee.
(1) All of the work that was performed there was
contracted out to an individual named Steven Mesko.
(2) You did take township employees out there to show them
the work you had completed.
(3) You never had township employees paint, clean, install
railroad ties or wall board at that site.
f. You never utilized paid township employees to perform any
functions at the property at South Hewitt Avenue.
(1) All the work at that property was conducted by yourself
and some friends.
You never utilized township employees to perform work
functions at the Church of the Covenant.
(1) You did manage properties that were owned by the
Church of the Covenant in Washington, Pennsylvania- We
served in this position until- approximately.. 19.81 ".
(2) It was a non- paying position.
(3) You did offer township toad-workers the opportunity to
paint and: perform.. other functions at the site of the
Church owned buildings.. These:= township -road workers
would: not be paid from -township! .funds'but rather would
be compensated through - church funds that were -given to
you.
Mr. Eugene Foster
Page 14
(4) You believed that utilizing township employees who were
looking for side work, you would be able to obtain the
work for a lesser amount of money.
(5) Most of the work was done after 3 p.m. on weekdays and
probably on Saturdays.
(6) On occasion, when you were out doing township work, you
would stop by the church to see if contract employees
were working there.
Compensation for the employees was forthcoming when the
church paid you for the services rendered and you paid
the employees directly. The cash would be given to the
employees after the check was negotiated by you and
they would split the money between themselves. You did
not maintain any receipts or a book of records to show
how you disbursed the church's money to these
employees.
(
The following Findings relate to Allegation 1 b.
Findings 1 through 17 are herein incorporated by reference.
18. Records of the Church of the. Covenant, East Beau and Penn
Streets, Washington, Pennsylvania indicate that the church made
payments to you for repairs completed on church properties in the
following amounts:
a. Year Amount
1984 $835.01
1985 $9,566.33
1986 $6,760.08
Total: $17,161.42
b. All of the above payments were made by the Church of the
Covenant through the capitol checking account at the First
National Bank and Trust Company, Washington, Pennsylvania.
c. All checks were made payable to Eugene Foster.
49. Church of the Covenant purchase orders regarding services
rendered in relation to the , payments indicate that vari us ,:types
cif maintenance, repairs and other ,work was completed on churOhcowied
facilities:
a. These purchase orders list E. Foster as property manager.
Mr. Eugene Foster
Page 15
b. Attached to various purchase orders are receipts for
materials purchased in relation to such work.
c. Purchase orders relating to labor do not contain any
receipts or other documentation in relation thereto.
20. Township road employee, Willie Smith, provided the following
information in relation to the instant situation:
a. He performed work at Mr. Foster's request for the Church of
the Covenant on various properties owned by that church.
b. He was paid by the township for the work performed.
c. Mr. Foster did not pay him for the work that he completed.
21. James Mull provided the following information in relation to the
instant situation:
a. He performed various types of duties at the Church of the
Covenant repairing property owned by that church.
b. The work that he performed was paid for by the township.
c. Mr. Foster never paid him any money for work that he
performed there.
22. Richard Bernett, former township road employee, provided the
following information in relation to the instant situation:
a. At the direction of Mr. Foster, he worked at the Church of
the Covenant in Washington, Pennsylvania on approximately
six occasions.
b. Additional individuals working at this site included
township employees, Smith, Mull, and three Mains.
c. Generally, when a tenant would move out of a church owned
location, they would perform their work at that location.
d. All of the work performed in this capacity was paid for by
the township.
21. Delbert B. Main provided the following information in relation to
the instant situation:
a. He worked at the Church of the Covenant performing various
duties and functions on property owned by that church'.
b. He was paid by the township for time spent at that site.
Mr. Eugene Foster
Page 16
c. On one occasion he was paid by Mr. Foster for working on his
own time. The five crew members split up the money and
received $250 each. This was in July, 1985.
24. Church of the Covenant purchase orders regarding work performed
under your direction or by you on church owned properties indicate the
nature of the work conducted.
a. Many of the purchase orders indicate a disbursement for
materials and labor without a further breakdown of those
categories.
b. Other invoices contain or have appended thereto invoices or
receipts from vendors regarding materials purchased by you.
c. Purchase orders where cost of materials can be clearly
identified indicate purchase of materials in the following
amounts:
25. Statements of Financial Interests on file with Canton Township
for Eugene Foster indicate the following:
Date of filing: April 8, 1986.
Direct or indirect sources of income: Jessop Steel Company,
Washington, Pennsylvania; 10 rental properties, Buffalo,
Pennsylvania.
Creditors: Jessop Credit Union.
All other Financial Interests categories: none.
b. Date of filing: March 10, 1987.
All other information: same as .above.
1 984: $43.46.
1985: $2,611.51.
1986: $583.80.
Date of filing: December 12, 1988.
Sources of Income: Jessop Steel Corporation.
Creditors: First Federal, South Main Street, Washington,
Pennsylvania; Jessop Credit Union, Green Street.
Washington, Pennsylvania - .
All other categories of Financial Interests: none.
26. You provided the following information in relation to the instant
situation:
a. You served as property manager for some buildings owned by
the Church of the Covenant xn Washington, Pennsylvania.
Mr. Eugene Foster
Page 17
b. You performed this task until approximately 1987.
c. You are not an employee of the Church and you were not
compensated for this service.
d. The church owned a number of houses in the surrounding area
which they rented to tenants.
e. You utilized township employees on one occasion on their
own time to work at one of the sites owned by the church.
f. The church maintained ,e house that they wanted painted and
you asked two or three of the township road crew if they
wanted to paint this facility, You advised them that you
would pay them a certain amount of money to do the job.
You opted to use or offer township employees this
opportunity because you believed that you would be able to
secure the labor at a lesser cost.
h. You did not secure income as a result of your position as
the church property manager.
The church would pay you directly for the services that you
had secured and you would then disburse the money to the
individuals who had performed this work.
You also worked and were reimbursed by the church for out of
pocket expenses that you had made in securing materials as
part of your duties as properties manager.
k. You did not maintain any type of receipts, books or journal
indicating the amount of money that you paid out for labor
in securing repairs to church properties.
1. You received no income from the church as all the money
disbursed to you was either transmitted to individuals who
had performed labor or was reimbursed for out of pocket
expenses that you had secured.
m. When you disbursed the funds to the individuals who had
performed the labor, you would generally pay over the funds
to one individual that would then disburse it or split it
accordingly with any other workers.
The following Findings relate to Allegation I c:
Findings No. 1 through 26 are incorporated herein by reference :
Mr. Eugene Foster
Page 18
27. In April, 1987, Canton Township purchased railroad ties for use
by the township.
28. Records of the DeWitt Construction Company, 815 Memorial
Boulevard, Connellsville, Pennsylvania indicate that Canton Township
ordered and was billed for 30 railroad ties at $7 a tie for a total of
$210.
a. The invoice from DeWitt was dated April 17, 1987.
29. By way of check No. 5015 dated April 30',: 1987 from the Canton
Township Board of Supervisors, general fund account No. 2347219 at the
Pittsburgh National Bank, $210 is tendered tack the DeWitt Construction
Company for 30 railroad ties at $7 a tie.
a. The check is signed by Eugene M. Foster, LeRoy E. Cimino
and Rosemary Zanol.
b. Records of DeWitt Construction Company indicate that on
April 29, 1987 =a bill in the amount of $280 for 40 railroad
ties at $7 per tie was issued by that Company. The bill has
a notation, "Cannon Township."
c. Records of the DeWitt Construction Company contained a
.photocopy of a check dated May 26, 1987, No. 316 from Eugene
M. Foster in the amount of $280 for 40 railroad ties.
30. James Mull, a township road worker, provided the following
information in relation to the installation of railroad ties on your
personal property.
a. In 1987, he hauled some railroad ties out to Mr. Foster's
property on Route 844 across from Veltry Drive.
b. The ties were hauled in the township owned two -ton truck.
He took approximately 8 railroad ties to that property. The
ties were obtained from the township building at Foster's
direction.
c. The road workers who were at the site used the railroad ties
to line the garden out in the yard in back of the trailer.
31. Howard E. Main provided the following information in relation to
the installation of railroad ties on your personal property:
a. He assisted in installing railroad ties on Mr. Foster's
personal property at Route 844.
b. Additional railroad ties were hauled to Mr. Foster's
Mr. Eugene Foster
Page 19
personal residence and others to property he owned in North
Buffalo Township.
c. Roger Corbin took 20 to 30 ties to. Mr. Foster's house to
build a wall in the lower driveway.
32. Willie Smith provided the following information in relation to
the instant situation:
a. He assisted in installing railroad ties in Mr. Foster's
newer trailer location on Route 844 across from Veltry
Drive.
b. He has' been a township employee for • approximately 22 years
and does not recall the township ever using railroad ties
for a project.
:c. He observed a load of railroad ties by the township salt
shed.
Mr. =Foster took the ties and placed them around his trailer
on Route 844.
33. Howard B. 'Main provided the following information in relation to
the installation of railroad ties on your personal property:
a. He has been a township employee for approximately 30 years
and he can not recall ever utilizing railroad ties for a
township project.
34. Delbert B. Main provided the following information regarding the
installation of railroad ties on your property:
a. The township purchased approximately 30 railroad ties and
Mr. Foster had his contractor come to the township and take
the ties to his home.
35. Roger Corbin provided the following information in relation to
the instant situation regarding the installation of railroad ties on
property that you owned:
a. He performed various construction projects for you.
b. During 1987, he constructed a railroad tie wall at your
personal dwelling residence.
c. He secured the railroad ties at the township building and
hauled them in his personal truck to the site cf your
dwelling.
Mr. Eugene Foster
Page 20
d. He recalls installing the wall approximately four or five
railroad ties high approximately four to five ties in
length. He estimates that he used between 20 or twenty -five
ties. He was paid for his labor directly by Mr. Foster,
40. Township Secretary, Rosemary Zanol, provided the following
information in relation to the instant situation :
36. A personal observation df`your property on Route 844 by State
Ethics Commission Investigators indicates that 10 - 12 railroad ties
were utilized to line a parking area near the trailer located at that
location and 14 railroad ties were utilized to line the'area` around
the garden area. Additional ties were also observed at your residence
where there was a railroad tie wall.
37. In August, 1987, Canton Township purchased two orders of five,
five gallon pails of pavement sealer.
38 Invoices from the Russell Standard Corporation, Bridgeville,
Pennsylvania to Canton Township for the purchase of materials indicate
as follows regarding the purchase of pavement sealer:
Invoice dated August 17,•1987.- Item purchased includes
five, five gallon pails, Russell Pavement SeaIer at $13.25
each for a total of $66.25.
b. Invoice dated August 26, 1987 - invoice indicates purchase
of five, five gallon pails of Russell Pavement Sealer; at a
cost of $13.25 each for a total purchase price of $66
39. Records of Canton Township indicate payment for the prCmts
noted in Finding 38 above by the township board of supervisors as
follows:
a. Check dated August 26, 1987 from the Canton Township% Board
of Supervisors (State Road Fund) in the amount of $618.25
which amount includes payment for the item cited in Finding
38 a above. The check is signed by Eugene M. Foster, LeRoy
E. Cimino and Rosemary 2anol.
b. Check dated September 9, 1987 in the amount of $66.25
written from the Canton Township Board of Supervisors
General Fund Account payable to the Russell Standard
Corporation. The check is payment for item cited in 38 b
above. Check is signed by the same individuals cited in the
previous Finding.
Mr. Eugene Foster
Page 21
a. In 1987, . township supervisor Eugene Foster advised her that
she should take out the bill for pavement sealer purchased
from the Russell Standard Corporation.
b. He advised her that five of the cans were for him.
c. She provided him with a copy of the bill for the sealer.
d. He did not give her any money for .the .sealer.
41. Delbert B. Main provided the following information in relation to
the pavement sealer that was purchased by the township.
a. Mr. Foster took the sealer that ,,ways purchased by the
township. That sealer was nev used by the township
employees for a township project.
b. The township did in fact use driveway sealer but only from
55 gallon drums.
c. He further indicated that Mr. Foster t ook the five gallon
cans for his personal use.
42. Records of the Russell Standard Corporation indicate no payments
,made personally )3y Eugene Foster for any products purchased from that
company.
a. Records indicate that Mr. Foster has no accowit at the
Russel. Standard Corporation regarding personal purchases.
b. NP credits .or ,otter adiustments were made to the Canton
Tosn4i , cconnt regarding the purchase of pavement sealer.
43. Delbert and Howard E. Main provided the following information in
relation to the uoke of :township 'funds to purchase items for your
persoaa1 . }ic).e
a. Cn May 12, 198-7, at yglar i tton, they installed a
: thermostat on your personal =vehicle.
b. The thermostat was purchased from the Bennett Auto Supply
along with gaskets and silicone.
c. Records of the -Bennett Auto Supply Company indicate that on
May 12, 1987, invoice No. 375 was issued to H. Main on
behalf of the Canton Township Road Department. Items
purchased included a thermostat and gasket and one &Blt
silicone. ' purchase price was $8.79.
Mr. Eugene Foster
Page 22
44. Alecords of Canton Township Board of Supervisors general fund
indicate that payment for the above item was made by way of check No.
5116 drawn on the Pittsburgh National Bank dated June 11, 1987 payable
to C. Bennett Auto Supply.
a.
b. The check was signed by Eugene M. Foster, LeRoy E. Cimino
and Rosemary Zanol.
45. Delbert Main provided the following information in relation to
the utilization of township funds in order to repair your personal
lawn mower:
The check was in the amount of $36.04 which included payment
for the items purchased in Finding No. 43 above.
a. Mr. Main, at your direction, delivered a yellow Lawn Boy
mower (gas powered) to Smith's Suburban Supply Company at
1120 Henderson Avenue, Washington, Pennsylvania.
b. The purpose of delivering this mower was for the performance
of certain repairs.
c. The amount of funds charged to the township for this repair
was in excess of $80.
46. "lecordt of Smith's Suburban Supply Company disclosed that an 28'
yellow Lawn Boy mower was left for repair on June 4, 1986.
a. .r =The 'mowerf picked up on June 8, 1986 after the completion
of certain repairs
b. ' The payment of = this ..bill which amounted to $89.60 was made
by Canton-Township
47. Records of Canton Township indicate that check No. 4442 dated
SeRteer 10, 1986 in the amount . of ' $ 8 9.6 0 payable to : Smith's Suburban
Supply was issued for the repair of a yellow lawn mower.
a. The check was signed by Eugene M. Foster, LeRoy. E. Cimino
and Rosemary Zanol.
48. You provided the following information in relation to each of the
above noted situations:
a. You purchased railroad ties from DeWitt Company for purposes
of putting up a wall.
b♦ You already had some ties and you needed illdditional ones.
c. Mr. Corbin completed the railroad tie project for you..
Mr. Eugene Foster
Page 23
d. The ties were delivered to you directly by the. DeWitt
Corporation. You paid for the ties with your own personal
check.
e. It is your belief that the railroad ties purchased with
township funds were still at the township building. You
were unaware whether any of them had been used.
f. Some of these had been purchased for the roads where there
were slides.
You did not use these ties on your personal property.
Regarding the pavement sealer, you purchased pavement sealer
but such was delivered to the township and billed to the
township because it was easier than going to bridgeville.
The township was billed for the pavement sealer but you took
the items from the township building and sent Russell
Standard Corporation a check for the items.
i. You utilized your personal check and believe that you still
have the cancelled check.
h.
j•
The township received a second delivery of pavement sealer
and that was utilized on a township project at the tennis
courts The township began using five gallon cans of
pavement sealer but later switched to using the larger
drums.
k. You did not pay the township for the sealer but rather you
paid Russell Standard directly.
1. Township employees never repaired your personal vehicle and
no materials for your vehicle were purchased through the
township or with township funds.
The following Findings relate to Allegation 1 d.
Findings No. 1 - 48 are incorporated herein by reference.
49. Canton Township participates in a federal surplus food program
under the jurisdiction of the United States Department of Agriculture,
Bureau of Government Donated Food and administered through the
Washington County Food Bank under the offices of the Washington /Green
County Community Action Corporation.
50. The terms and conditions :give nIng the Surplus Commodity
Distribution are outlined in an Agreement dated April.10, 1986 between
Mr. Eugene Foster
Page 24
Washington - Green County Community Action Corporation (WGCAC) and
Canton Township.
a.
The agreement requires the recording of information
regarding commodity recipients and the quantity of
commodities distributed.
b. Prohibitions on selling, trading, or distributing
commodities as payment for work completed.
c. A requirement that commodities be distributed only to
eligible individuals.
d. A requirement that undistributed commodities be returned to
WGCAC or permission be requested before other distribution
is authorized.
e. An accounting of all commodities is required.- The agreement
further provides that political advantage, in any form, is
not permitted in any government program includ =ing commodity
distribution.
f. The agreement further requires compliance with all federal
statutory regulations regarding the misuse of commodities.
You signed the agreement as site coordinator.
h. In addition to the agreement, participating municipalities
also received regulations regarding the distribution on
occasions when such was conducted.
1) Such regulations may include revised income
eligibility requirements.
2) The rules also provided that all undistributed food
must be returned to the warehouse by 1 p.m. on the day
after the distribution. This includes all damaged and
spoiled foods without exception.
51. Regulations of the surplus food distrfl tion program required
that in order to be eligible:
a. Individuals must participate in the public assistance
program, the food stamp program,: the medicaid program, the
supplemental social seeurit! income'program or have gross
household income within specified limits.
b. Must provide appropriate' information regarding income
Mr. Eugene Foster
Page 25
limits of other program requirements and are responsible for
certifying information submitted.
52. Federal law provides that whoever willfully `misapplies, `gives
wrong information, steals or sells commodities is subject to ctiminal
prosecution fine or /and imprisonment under federal -regulations -.
Public Law No. 97 -98 and Public Law No. 5627.
53. The surplus food distribution program required that commodities
were to be distributed according to family size. Larger families are
eligible to receive more of certain types of food according to the
commodities available.
54. In order to actually receive the commodity being distributed,
eligible participants would be required to present identification and
further indicate the number of eligible people in their family.
Individuals were also responsible for signing the eligibility cards
which were maintained by the Canton Township Food Center, and usable
for maximum of six distributions.
55. Upon completion of the commodity distribution, the Canton
Township distribution center was responsible for completing a tally
sheet which specified the types and quantities of food received,
distributed, returned to other site or returned to the Washington
County Food Bank.
56. Said Tally Sheets were to be returned to the Washington County
Food Bank for inventory purposes.
57. As site coordinator for the Canton Township commodity
distribution, you were responsible for all aspects of the surplus food
program.
58. Records of the Washington County Food Bank regarding distribution
dates in June and September, 1987 for surplus food quantities received
by Canton Township indicate the following items were received:
a. Distribution
Commodity
Cheese
Butter
b. Distribution
Commodity
Cheese
Butter
Date - June 23, 1987.
Item Per .Case Cases
6 x 5 lbs. 136
36 x 1 1b. 13
Date y- September 22, 1987.
:Item Per Cap Cases
6 x 5 lbs. 276
32 x 1 lb. 24
.Items
816
828
Items
16
768
Mr. Eugene Foster
Page 26
Cornmeal 10 x 5 lbs. 83 830
59. Records of the Washington County Food Bank regarding the number
of clients served and the number of items received by those clients on
the above two distribution dates indicate the actual distribution in
Canton Township as follows:
a. Distribution Date - June 23, 1987.
Commodity Clients Served Items Recorded
Cheese 520 543
Butter 520 524
b. Distribution Date - September 22, 1987.
Commodity Clients Served Items Recorded
Cheese 574 1177
Butter 572 575
Cornmeal 568 568
60. A tally sheet submitted pursuant to the regulations of the
Washington County Food Bank program for the distribution date of June
23, 1983 indicates the following regarding the reported nor of
families served and the items distributed to said families by the
Canton Township site coordinator:
a. Distribution Date - June 23, 1987.
Families Served Item Distributed. Items Returned
822 828 Butter None
822 816 Cheese None
61. The tally sheet for the above distribution date was signed by
Eugene Foster as site coordinator.
62. Records of the Washington. County' Food Bunk indicate the following
regarding the items received`by Canton Township for the September 22,
1987 distribution date and the items turned to the °County Food Bank.
a. Distribution Date - September 22, 1987.*
Items Received Items Returned
1656 Cheese
768 Butter
830 Cornmeal
None.
None.
None.
Mr. Eugene Foster
Page 27
*Note: The township did not submit a tally sheet for this
distribution date as all records were seized and the program
suspended.
63. A comparison of the actual clients served as evidence by the
records of Washington County Food Bank and those listed served as
reported by the Canton Township site coordinator indicates the
following:
a. Date
Date
Actual
Reported Difference
6/23/87 520 822 302
9/22/87 568 -574 Not available *(see above note)
64. A comparison between the actual commodities distributed on
distribution dates in June and September of 1987 and those items as
reportedly distributed (or those items received) indicate the
following in relation to the Canton Township Distribution:
Distributed
Commodity Actual Reported - Returned Difference
6/23/87 Cheese 543 816 - -- 273
6/23/87 Butter 524 828 304
9/22/87 Cheese 1177 1656 (rcvd) - -- 479
9/22/87 Butter 575 768 (rcvd) - -- 193
9/22/87 Cornmeal 568 830 (rcvd) - -- 262
65. The items specified in the last column of Finding No. 64 above,
were required to have been returned to the Washington County Food
Bank.
a. These items were not returned as required.
66.. By way of letter dated February 11, 1987 to the Washington County
Food Bank from Eugene M. Foster, Chairman, Canton Township Board of
Supervisors, the food bank is advised that Canton Township usually
runs out of Butter during the Food distribution.
a. Mr. Foster advises that he believes that individuals are
asking for mo than they_are supposed to be receiving.
b. He advises that the township will be more alert to this
issue in the future.
67. By way of memo dated October 27, 1987 from Martha S. Crouse,
Nutrition Manager, to Robert Mt. Joy, Programs Operations Manager
regarding the U.S. D. A. Distribution, it is "noted that a random
review of Canton Township distribution had been completed.
Mr. Eugene Foster
Page 28
68. The results of that review of the September, 1987 distribution
indicate that losses in the following amounts were evidenced in
commodities that should have been returned to Washington County:
a. Butter: 21% loss.
b. Cheese: 25% loss.
c. Cornmeal: 27% loss.
d. The total value of assessed lost: $3,203.94.
e. It is recommended that the Contract with Canton Township be
cancelled.
69. a. Information received from the Washington County Food Bank
indicates that the amount of the assessed loss of $3,203.94
(Finding 68(d)) was based upon the fair market value of
similar commodities available to the public.
b. Information received from the Washington County Food Bank
indicates that the value of surplus commodities may be as
much as one -third less than the fair market value.
c. The value of the loss based upon this assessment would be
approximately $2,136.
70. By way of letter dated October 2, 1987 to the Pennsylvania State
Police, Washington, Pennsylvania from Robert Mt. Joy, Program
Operations Manager for the WGCAC, it is advised that WGCAC received
an anonymous phone call on September 23,; 1987 . that commodities were
stolen from the surplus food distribution site at the Canton .Township
Building.
a .
It is furthaer. advised that Mr., Mt. Joy notified the
Washington County District Attorney's Office and was
advised that. the State Police should be contacted
b. The letter notes that a telephonic contact was thereafter
made.
71.. An internal WGCAC memorandum from John D. Hoffman to John Wilson .
regarding the Canton Township surplus food and commoditties
d;tribution of September. 22, 1.987 indicates as follow:
a. Mr. Foster and Canton Township have been under close
scrutiny in the past for discrepancies that have occurred as
a result of distributions in that locale.
Mr. Eugene Foster
Page 29
b. Canton Township has been warned and monitored as a result of
such discrepancies.
c. On September 22, 1987, Ms. Abby Jones contacted Mr. Foster
in order to obtain a report in the progress of the
distribution. Ms. Jones was advised by Mr. Foster that
activity was brisk and they had run out of all commodities.
d. WGCAC had received several phone calls indicating that Mr.
Foster had been placing a large amount of commodities in
his garage.
e. As a result of these reports and the rapidity of the
exhaustion of commodities, Ms. Jones went to the site and
collected all client cards immediately.
f. Upon a review of cards, cross referenced with the amount of
commodities available to needy residents, Ms. Jones
uncovered what she considered major discrepancies in the
number of missing commodities. The State Police were
immediately notified.
72:. By way of November 18, 1987 letter to Mr. Foster, from Martha S.
dk`ouse, Food aad Nutrition Manager, WGCAC a report of the monitoring
of the September 22, 1987 distribution of commodities in Canton
To rinship is outlined:
a. It is noted that a review has indicated inconsistency and
unexplainable errors in records and reports of Canton
Township.
b. It is noted that the June, 1987 tally sheet indicated 822
families were served while the cards in support of the tally
Sheets in the possession of WGCAC indicated only 583
families received commodities.
c. A review of the September, 1987 distribution indicated
commodities missing as follows: five cases and five units
of butter valued at $238. Seventy cases and five individual
units of cheese valued at $2,812.75 and twenty -two bails and
seven individual units of cornmeal valued at $153.19.
d. Additional problems at the distribution site were noted as
being: missing volunteer signature /date information,
missing eligibility items and inaccurate recording on
distribution line.
e. The findings are noted as representing a serious problem and
lack of control at the site. The records indicate an
Mr. Eugene Foster
Page 30
73. Richard Bernett, former Canton Township . +oad worker, provided the
following information in relation to the instant situation:
a.
excessive 'loss of units of commodities and an excessively
high percentage in dollar value loss.
f. The letter also notes warnings regarding rprior
discrepancies.
It is noted that WGCAC finds the continuing :problems to be a
serious concern and in violation of ''federal and state
requirements.
h. The letter notes that the WGCAC will initiate action to
find and identify an alternate organization /to provide
commodities distribution to eligible recipients to Canton
Township.
During the term of his employment with Canton Township, he
assisted Mr. Foster with the surplus food itemt.
When the food was brought to the township garage, Mr. Foster
advised the road workers who were there to take certain
amount of each commodity and place it in one of the trucks.
c. When the food was in the truck, the employees would then
cover it over with canvas in order to conceal it in
accordance with Mr. Foster's directions.
d. When people thereafter came in there would be shortages Alt
food and those who were actually entitled to the food would
not be able to obtain it.
e. Mr. Foster would then take the foods that hatre been saved
and deliver it to friends and other individuals with whim
he was acquainted.
f. Township road workers helped load the commodities into
.Poster's 'truck, a jeep scamper.
Road workers delivered some of the commodities to
individual's houses at Mr. Foster's directions.
h. Food distributions occurred for times a year. On each
occasion, they would conduct similar activities.
74. Canton Township employee Howard E. Main provided the following
information in relation to the distribution of surplus food in Canton
Township:
Mr. Eugene Foster
Page 31
a. The road crew would be responsible for picking up the
commodities.
b. On several occasions, commodities were delivered from Canton
Township to Mr. Foster's barn. These deliveries were made
by members of the township road crew including himself,
Willie Smith and his father.
c. In addition, Mr. Foster directed the road crew to deliver
commodities from the food distribution to various friends.
d. On occasion, Mr. Foster would write his name on the carton
that was to be delivered and then advised the crew of where
the items should be delivered.
75. Township road worker Willie Smith provided the following
information in relation to the Canton Township food distribution
program.
a. He accompanied other members of the township road crew to
the county food bank to pick up food commodities and
deliver it to the municipal garage.
Members of the crew would assist in the distribution during
the days when such occurred. After the distribution had
ended for a particular day, he assisted in taking what was
left over to Mr. Foster's barn off of Route 844.
c. The items would be taken out of the truck and stored in Mr.
Foster's barn.
d. On occasion, Mr. Foster would give the employees some of the
food for their personal use.
e. On one occasion, he went with Mr. Foster to several
individual's houses to give them food at Mr. Foster's
direction.
76.. Howard B. Main, township road worker, provided the following
information information in relation to the Canteen 'Township food distribution
program:
a. Members of the township road crew would pick up butter and
cheese and commodities at the county building. Generally
they would work from 7 a.m. until 8:30 p.m. and were paid
overtime by the township. When they completed distrib:tng
the cheese, Mr. :Foster would, on occasion, give the
employees some of the items that were left over.
Mr. Eugene Foster
Page 32
b. Some people received cheese and butter but were not
eligible for it.
c. Items were given to friends of Mr. Foster, and he would
throw additional items into their bags.
d. On at least one occasion, he took the remainder of. the
commodities to Mr. Foster's barn with Delbert Main and
Willie Smith.
e. Mr. Foster would then use this cheese to go on a "ch.eeee
run" where they would drive around and hand out cheese,
butter, rice, honey, cornmeal or other commodities to
individuals.
b.
• This occurred on nearly every distribution day.
77. James Mull, township road worker ,•provided the following
information in relation to the Canton Township food distributIon
program.
▪ Township road crew generally helped with distributing
surplus commodities.
In the beginning, when there was food left over from the
distribution, they would take it to a church.
c. On one occasion, they took it back to the county food bank.
d. On at least three occasions, he and others took left over
food to Mr. Foster's barn and stacked it there.
e. On occasion, Mr. Foster would offer some of the food to the
township employees.
f. He observed Mr. Foster writing his name on boxes of food
that were then taken to Mr. Foster's friends. He never
assisted in delivering food to Mr. Foster's friends.
He approximated the amount of food that was delivered to Mr.
Foster's barn as approximately 20 cases on each occasion.
78. Delbert B. Main, township road worker, provided the following
information in relation to the cheese distribution by Canton Township.
a. Mr. Foster and several other individuals including another
supervisor took cheese and other supplies that were left
over from distribution to Foster's basement.
Mr. Eugene Foster
Page 33
b. He estimated that approximately 71 cases were placed in the
barn at this time.
c. Another 15 cases were placed in Mr. Foster's cellar. These
included 16 cases of butter, 5 cases of honey, 3 cases of
rice.
d. On the day of September 22, 1987 at approximately 3 p.m.,
Mr. Foster advised members of the road crew to go tome as
they were going to use volunteers for the distribution.
e. Later that evening, about 7 p.m., he was going to another
location when he passed the township building and noticed
Mr. Foster and Mr. and Mrs. Cimino loading boxes of cheese
and butter into Foster's jeep.
f. There were also boxes in Mr. Cimino's jeep. He (Main) then
picked up several other individuals and returned to a point
where he could watch Foster and Cimino load their vehicles.
After they loaded everything, they followed Mr. Cimino who
was driving his jeep and Mrs. Cimino who was driving an
Eagle. Cimino proceeded to his house and pulled his jeep in
the garage and pulled the door down. He then proceeded to
get into the Eagle and they drove to Mr. Foster's where they
helped Foster unload boxes of cheese and butter into the
garage. He estimated that there were approximately 55 boxes
unloaded.
g-
79. Stacey Powich, a resident of Washington, Pennsylvania, provided
the following information in relation to the instant situation.
a. On one occasion, the date of which he could not recall,
Delbert Main picked him up and drove down Jefferson Street
to a location where they stopped and pulled into a driveway.
b. They continued to stay in the vehicle and watched
individuals unloading boxes out of a grey jeep scrambler.
The boxes were being placed into a barn.
c. Shortly thereafter, another individual in a brown eagle with
a lady accompanying him, got out of the car and started to
assist in unloading the boxes.
80. Christopher Tarr provided the following information in relation
to the instant situation:
a. He was at the home of a friend, Jeff McKinney, which is
approximately 150 yards from M ./. Foster's premises.
Mx. $µgene Foster
Page 34
b. Delbert Main proceeded to that location and they observed
Mr. Foster in a Jeep Scrambler.
c. This occurred approximately 3 years ago.
d. Mr. Foster was unloading the truck and there was another
individual with him.
e. The individuals unloading the truck were taking one box at a
time indicating that the boxes were not empty.
81. William Mitchell provided the following information in relation
to the instant situation:
a. He was at Jeff McKinney's house when they observed Eugene
Foster unloading his vehicle.
b. Mr. Foster was unloading card board boxes and that he had
observed on other occasions at the municipal garage.
c. The boxes that were being unloaded were taken into the
basement. of Mr.. Foster's house which may a basement or a
garage.
d. Mr. Cimino was also present and he pulled his car into the
area.
e. Mr. Foster's jeep was loaded down indicating to him that the
boxes could not have been empty.
82. Gina Bonus provided the following information in relation to the
instant situation:
a. She was a tenant in a trailer owned by Mr. Foster.
b. When she moved into that location, Mr. Foster stocked her
refrigerator with butter, cheese, flour, rice and honey.
c. On every Saturday, when Mr. Foster picked up the garbage, he
would supply them with another five pound brick of cheese.
81, William Blayney, a resident of Washington Township, provided the
following information in relation to the instant situation:
a, He and another individual were employed at a local
Washington, Pennsylvania grocery store. The individual
owner of the store had assisted another person in
constructing a wall on a property owned by Mr. Foster.
Mr. Eugene Foster
Page 35
b. About a week after the project was completed, Blayney, while
working in the store owned by the individual wbo constructed
the wall went into the'cooler and observed three cases of
cheese. A box also containing at least fifteen pounds of
butter was in that location.
c. He indicated that both the cheese and butter were marked
with government lettering.
84. Russell L. Gorby, provided the following information in relation
to the instant situation:
a. He formerly served as the township zoning officer, building
inspector and also as township auditor. On at least one
occasion, he received a free five pound box of cheese Mr.
Foster and the box containing the cheese had written in the
naves of Foster and Supervisor Cimino on it. He was
eligible to receive this food. He brought the box to
another township supervisor George Vitteck for his opinion.
85. Ger Vitteck Jr. provided the following information in
relation to the instant situation:
a. He received cheese from Russell Gorby that Mr. Gorby had
received from the Canton Township Food Bank.
b. This was approximately in 1985.
c. He indicated that each box that he saw had the names of Mr.
Foster and Cimino written upon them. There were no other
names on these items.
86. Willard Haney provided the following information in relation to
the instant situation:
a. On one occasion when he was at the Jessop Steel plant where
Mr. Eugene Foster works, he observed Mr. Foster come into
the office of a management employee with an armload of boxes
of cheese.
87. You provided the following information in relation to the instant
situation:
a. You were in charge of the Canton Township Food Center when
you served as chairman of the township board of supervisors.
b. You signed various documents as the individual in charge of
this program that were later submitted to the county.
M . Eugene Foster
Page 36
c. You thought Canton Township had one of the largest
distributions in the area because you always had e lot of
unemployment and there were many eligible people.
d. You did not believe that there was much of a problem in
running the food program.
e. People would begin to line up for the program two to thtee
hours before the doors opened.
f. You would take time off from your job in order to work at
the food distribution center.
You generally did not distribute the food according to the
family size because you wanted to insure that eves ibody
received something and with the large number of individuals
attending this distribution, you wanted to make the food
last. .There were occasions when individuals had to be
turned away.
h. The food commodities were generally picked up by the road
department in the morning and loaded and part of it was
unpacked.
•
p.
You never took any of the commodities for yourself or
otherwise set items aside.
Items were never taken to your barn by township employees.
k. On several occasions, individuals would call in for food
commodities. These individuals had no way to the Canton
Township Food Bank and so you would deliver the food to
those specific individuals.
1. You could never recall writing your name on any of the food
Commodity boxes.
m. Food was never left over from the distribution.
n. On occasion, there may have been a broken bag of rice or a
spoiled food commodity, but you were not aware of what was
done with those items.
o. The township office employees generally conducted the tally
sheets although you did sign them.
You never delivered the food stuffs to the homes of
individuals who were renting from you.
Mr. Eugene Foster
Page 37
q .
You were unaware of any problems with the June, 1987
distribution.
The following findings relate to Allegation 1 e. Findings 1
to 87 are herein incorporated by reference.
88. During the fall, 1985, a open letter was disseminated in Canton
Township.
a. This item was in the form of a letter dated fall 1985.
b. The item was addressed "Dear Friends" and solicited the
voters support in the November 5 election.
c. The letter cites as examples of the benefits the township
has derived from the author of the letter as good roads,
fiscal security, new trucks and lower road takes than
surrounding areas.
d. The letter is signed by Gene Foster.
89. _ Howard E. and Delbert Main, provided the following information in
relation to the above referenced literature.
a. In the fall of 1985 they accompanied Mr. Foster through
Canton Township distributing election campaign literature.
b. The literature distributed was a copy of the above
referenced letter.
c. Distribution of the items took two or three days to
complete.
d. Distribution of the items was done on township time and
they were compensated through the use of township funds.
90. A transcript of proceedings dated July 18, 1985 In Re: Primary
Election Canton Township Supervisor Donald R. White, Auditor Donna J.
Sarnicke Constable Frank N. Petronka 'strict Justice Mar orie Lee
Teocarden, School Director John B. Stalouy: No. 71 June Term 1986
A.D., ;n the Court of Common Pleas of Washington County, Pennsylvania,
indicates that Howard Main testified as follows:
Q: Are you under any kind of obligation, any kind of duress as
far as working for any particular candidate because of your
job?
A: No. What Mr. Boardley testified to further back that I told
him I had to or lose my job, he's not telling the. truth. I
Mr. Eugene Foster
Page 38
never told him that. I had to do that in . years back, but
not now.
91. Pursuant to the 1988 -1991 Maintenance contract between Canton
Township and the Glass, Molders, Pottery, Plastics and Allied Workers.
(AFL /CIO Local 272) General Election day shall be observed as
holiday by township roadworkers.
92. Jane Piatt provided the following information in relation to the
instant situation:
a. She formerly served as Canton Township Tax Collector.
b. She is currently Tax Commissioner for the Trinity Area
: School District.
c. She personally observed township employees take a township
truck containing signs that were in relation to your
election.
d. The road workers hung the signs throughout the township.
e. This was while they were being paid for working for the
township.
93. Richard Bernett provided the following information in relation to
the instant situation:
a. He was required to distribute election notices for another
candidate at your direction. This occurred on at least one
occasion.
b. Other township employees were required to do similar
activities.
c. Township employees were also requiredto work at the
election polls handing out hand bills.
All of the township employees were paid by the township for
distributing this election material.
94. You denied ever using township employees to distribute handbills
or to do other political work for you while they were on township
time.
The following findings relate to Allegation 1 f.
Findings 1 through 94 are herein incorporated by reference.
Mr. Eugene Foster
Page 39
95. Township employee Delbert Main provided the following
information i°nl relation to this allegation:
a. On march 21, 1987, a Saturday, you, Howard B. Main and
Howard Z. Main tarred and chipped the street at Mr. Foster's
property in Buffalo Township using a Township vehicle.
b. On May 14, 1987, Mr. Foster sent Howard B. Main with a load
of dirt on a township'truck to the Buffalo mobile home site
and to the mobile home site on Route 844 opposite Veltry
Drive.
96. Township employee, Howard B. Main, provided the following
information in relation to this allegation:
a. On one occasion, he took .a township pick -up truck with a
snow plow attachment and plowed snow at Mr. Foster's trailer
court in Buffalo Township. He also stated that Mr. Foster
used a township back hoe to dig ditches at the same site.
b. He hauled two loads of railroad ties to the township in a
township truck, which would include 40 railroad ties that
Mr. Foster personally purchased.
97. Howard E. Main provided the following information in relation to
this allegation:
a. The township trucks and mower were also used by the
township employees in Buffalo Township at Mr. Foster's
direction.
b. On one occasion, he accompanied James Mull and Mr. Foster to
Sprowell's Hardware in Claysville where Mr. Foster picked up
a refrigerator. The refrigerator was hauled in the Township
truck and installed in one of the trailers.
c. On May 12, 1987, during a township clean up day, the
employees took a township truck and a high lift to the
Buffalo mobile home site and Mr. Foster took .a township pick
up truck and along with the employees cleaned up the mobile
home site and hauled the trash away.
98. Township employee, James Mull, provided the following information
in relation to this allegation:
a. On one occasion, he hauled a three -ton load .;of-slag from a
pile at the township building to, Mr. Foster's Buffalo
Township mobile home site at his direction.
Mr. Eugene Foster
Page 40
b. He accompanied. Mr. Foster to Claysville where he obtained a
refrigerator from Sprowell's Hardware. The refrigerator was
brought back to Buffalo township in the township truck and
installed in a house.
c. On one occasion, about four years ago, he took a township
truck, at Mr. Foster's direction and drove to Pittsburgh,
near McKeesport, to pick up shingles fcr Robert Corbin who
was roofing one of Mr. Foster's houses at Buffalo Township.
Corbin gave him . directions on how to find the roofing
materials company.
d. He hauled some railroad ties in a township - txuck to Mr.
Foster's mobile home site on Route 844. He used a.two -ton
truck and took 8 railroad ties out there.
e. On one occasion, he took the township back hoe to Mr..
Foster's residence on South Hewitt Avenue, and he also.used .
a township two ton truck in cleaning up trash around the:,
properties owned by the Church of the Covenant in
Washington.
99. Former township employee, Richard Bernett, provided the following
information regarding this allegation:
a. He hauled materials and township owned equipment out to
your Buffalo Township mobile home site in a township owned
truck.
b. The township empioyees:hauled one or two loads of slag from
the township building to the same site.
100. Mr. Kenneth Gray has stated that, on occasion, when he worked
for Mr. Foster at Huffalc• Township, the township employees woul4i:'haul
out the township equipment needed to cut the grass and, trim the trews,
in a township truck.
101. Steven Meze, a township: resident advised that opportunity about
two years ago, he saw the township back hoe and a township truck at
Mr. Foster's property. on South Hewitt. Avenue. He sa-id he was not
sure if the township employees were working there but the equipment .
was there.
102. Ms...Carolyn Bonus has stated -that she-resided in one,,.of,Mr.
Foster' s mob .le _ homes in Buffalo Township between 193E and 1987 . - She
s44.4L1 thag she did not know . any of the township employees . but the
Canton : Tc shtip trucks:: and:: etqulptaent were arrays out* there during that
period.
Mr. Eugene Foster
Page 41
103. Russell Dinch said that he has seen township trucks and other
equipment, a back hoe or high lift, on Mr. Foster's property on
occasion in 1986. He said that the equipment was township equipment.
104. William Blayney stated that he has seen the township back hoe at
Mr. Foster's Buffalo Township site and at the site of his house on
South Hewitt Avenue.
105. Ms. Gina Bonus stated that, on one occasion, while she was
living at the Buffalo Township home site, she saw the township back
hoe clearing an area behind her home site.
106. Robert Corbin stated that he put in a water line at Mr. Poster's
Buffalo Township site in 1984 or 1985. Although he did not use the
township back hoe.
a. He did see the township back hoe at. Mr. Foster's house on
South Hewitt Avenue in 1985, but he did not use it.
b. He has seen township trucks at the Buffalo Township site,
when Mr. Foster would come by to check on the progress of
work that he was having done.
107. You provided the following information in relation to this
allegation:
a. You spend almost every lunch hour at the township building,
depending on your schedule.
b. If you would go out on Complaints, you would stop by the
Church or your property to see the construction progress.
c. Mr. Corbin brought the railroad ties out to your property.
d. The township employees did not use township equipment' to
haul gravel or slag to your site in Buffalo township.
e. You did not take a township truck and other equipment and
employees to Buffalo Township on May 12, 1987, to clean up
that site.
f. The railroad:: ties were brought to the township building by
the contractor that they were purchased from.
III. Di$ssmQn::, Eugene Foster as a Canton Township Supervisor is a
public official as that term is defined under the Ethics Act. 65
P.S. 402; 51 Pa. Code 1.1. As such, his conduct is subject to the
provisions of the 'Ethics Act and the restrictions therein are
applicable to him.
Mr. Eugene Foster
Page 42
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 prior to the effective date
of this act, and causes 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
purposes of this section, a violation was
committed prior to the effective date of this act
if any elements of the violation occurred prior
thereto."
Since the occurrences in this case transpired prior to the
effective date of Act 9 (June 26, 1989), we must apply the provisions
of Act 1.70 of October 4, 1978, P.L. 883 to determine whether the
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
himself 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 /McCutcheon 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.
Under Section 5(b)(5) quoted above, this provision of law
requires that a public official /employee in filing his Financial
Interests Statement for the applicable prior calendar year must list
the name and address of any person from whom he directly or indireCtiy
receives income in the aggregate of $500 or more.
In the instant matter, we must review six sub - allegations tc
determine whether the conduct and activities of Eugene Foster,
hereinafter Foster, violated either Section 3(a) or. 5 of the
Ethics Act quoted above regarding the following: using township road
employees to perform maintenance work on his personal rental
properties at township expense, failing to list income on his
Financial Interests Statements from the Church of the Covenant ;
utilizing township purchased materials and other items for personal
use; utilizing township crew members to deliver cheese, butter, rice
Mr. Eugene Foster
Page 43
and other food items from the surplus food distribution program to his
personal residence; utilizing township employees to distribute
campaign literature and utilizing township equipment4for:personal
purposes.
In our analysis, we will review the facts, develop a discussion
and reach a decision as to each sub- allegation seriatim.
Regarding the first allegation, the records of the Washington
County Real Estate Tax Bureau reflect that Foster owns a parcel of
land and three trailers in Buffalo Township and two houses
individually and a tract of land jointly with another individual in
Canton Township. Foster leases the trailers as rental properties to
tenants. Several township road employees, Howard B. -Main, Howard E.
Main, Delbert Main, James Mull, Willie Smith and Richard Bernett who
worked until February '1985, have had involvement with Foster relative
to working on his personal rental properties during township working
hours at township experffe .
Howard E. -'Ma.in states that he was requested »by Foster to work on
hit : private property during township working hours. Main and other
employees would work with 4their -Salary or over =time being paid by the
township. Mr. Main recounts that he began perforitiing personal tasks
for Foster on township time in 1984 and continued to do so until 1986
when he refused tb perform personal services. There were some
occasions when the 'road crew would work at Foster'•s property for an
entire week eliagh the work was usually done on Saturdays. Mr. Main
performed Such ottivitiet at ins'talling heating elements and hot water
tanks.. The road crew did painting and wall papering, moving furniture
and - doing grattand work such as trimming trees, cutting the grass around
the trailer park and installing railroad ties. In addition, the road
crew was required to work at the Church of the Covenant which utilized
Foster to -keep the church's properties in good condition.
The foregoing utilization of town`s'hip employees at township
expense by foster on his personal properties is confirmed by Willie
Smith who indicates that he worked three or four times in 1.986 it
Foster "s trailer 'hurt •performing such duties as cutting grass,
painting„ installing ri1road ties and working at Covenant Church.
Mr. Smith states that he normally worked. on Saturdays with Other
individuals who would be paid time and a half by the Township for
working on Poster's trailer park projects. In addition; Howard B.
Main states that he and his . two sons Delbert and Howard" Worked at
Poster's trailer park on township time in 1986. The work was usually
done on Saturdays and they were paid by the township on an overtime
basis.
James Mull advises that he was requested by Foster to work on his
personal properties in Buffalo Township with his remuneration for such
services being paid by the township. Mr. Mull would perform 'such
Mr. Eugene Foster
Page 44
tasks as cutting grass, installing drains, cleaning and unclogging
drains, installing elements in hot water heaters and cleaning, debris
around the trailers as well as performing remodeling work such as
painting. On one occasion he hauled railroad ties to one of Easter's
trailers and installed them behind the trailer. On separate
occasions, Mull hauled a load of slag and a refrigerator to Foster's
property in a township truck. He worked at Covenant Church for
Foster and was paid by the township. The road crew also painted a
house owned by Foster on South Hewitt Avenue and did other work at
other Foster properties.
Delbert B. Main states that he was required to work on Foster's
personal property on numerous occasions with his compensation being
paid from township funds. The work consisted of cutting grass,'
painting, installing electrical outlets, wall papering and other tasks
as directed.: As to Richard Bernett, he advised that he worked. on
Foster's properties two or three days a week performing various jobs
such as installing roofs, taking out garbage and cutting lawns at
township expense. In addition, he also performed work for Foster at
Covenant Church.
Finally, Howard E. and Delbert Main advise that they _ did work at
the Church of Covenant at the direction of Foster and also performed
work on buildings which were owned by the. Church of Covenant. They
also performed work on Foster's trailers but received payment for
their services from township funds.
Kenneth Gray who was a worker for CETA advised that he performed
chores for Foster at the Church of the Covenant in Washington as well
as cut grass cut at his trailer park. Mr. Gray indicates that he saw
.2Ambers of the township. work crew . performing maintenance work at the
trailer park.
Gina Bonus who is a tenant of. Foster -was told by him prior to her
moving in that he wanted the house cleaned; she observed the township
road crew working on the premises and painting the house. In
addition, Russell Dinch, whose father owns property across from
Foster's trailer park, observed township employees in township trucks
at the trailer park working on a project involving culvert pipes.
Roger Corbin who did work for Foster stated that he observed Howard E.
and Delbert Fain and Willie Smith painting Foster's properties. He
also observed on One occasion a township back hoe at the Foster
residence but it was not being operated at the time.
A review of the township records does not specifically indicate
that township employees were paid for doing personal work at Foster's
properties, but the records do reflect that they routinely were paid
for overtime by the township. Foster denies that he utilized township
employees to work on his personal properties at township expense. He
argues that on one occasion he utilized a township worker to do some
Mr. Eugene Foster
Page 45
painting but he personally paid for such services. Finally, when
township employees were working on projects at the Church of the
Covenant, Foster asserts that they were paid out of church funds
rather than out of township funds.
In this case, the evidence is overwhelming as to a use of township
employees for Foster's personal purposes with the payment for their
services being made from township funds. The instances of such usage
are numerous not only as to Foster's personal properties but also as
to the Church of the Covenant which Foster had some arrangement for
performing services. The use of office for personal financial gain in
this case has occurred over a period of several years utilizing
numerous township employees at the expense of the public trust. The
misuse of office clearly constitutes a violation of Section 3(a) of
the Ethics Act in that there was a use of office through the
utilization of township personnel to perform these various personal
services and functions which resulted in a financial gain to Foster to
the extent that the employees were paid by the township rather than
him individually for their services. The financial gain was not
compensation provided for in law because there is no .provision in the
Second Class Township which authorizes a township supervisor to
utilize township personnel or equipment for his own personal services.
Accordingly, Foster did violate Section 3(a) of the Ethics Act when he
directed township employees to perform personal services at township
expense.
The second allegation relates to the failure to list the Church of
Covenant as the source of income on the Statement of Financial
Interests. Although the records of the Church of the Covenant
indicate payments made to Foster between 1984 and 1986, the purchase
orders merely contain receipts for materials purchased but do not
contain any receipts or documentation relative to labor. Willie Smith
indicates that he worked at Foster's request on the Church of Covenant
properties and was paid by the township. James Mull also recites that
he worked at Foster's request at the Church of the Covenant and that
Foster never paid him any money for the work. Richard Bernett .states
that he worked at the Church of the Covenant at the direction of
Foster and - was paid by the township. Bernett advised that Smith, Mull
and the three Main's also worked at the church property. According to
Delbert B. Main, he worked at the. Church of the Covenant and was paid
by the township for the time spent at the site. He notes that on one
occasion he was paid by Foster for working on his own time. The
Statements of Financial Interests for Foster for the calendar years
1985 through 1987 do not list the Church of Covenant as a source of
income. Foster asserts that he served as property manager for some
buildings owned by the Church of the Covenant but that he was not an
employee of the church and was not compensated for his services.
As to this particular sub- allegation, we are constrained to find
no violation of Section 5(b)(5) of the Ethics Law based upon the
Mr. Eugene Foster
Page 46
record before us. Although the evidence does reflect that services
were performed for the Church of the Covenant and disbursements were
made, the purchase orders are so generalized that we can not discern
with any degree of specificity what amounts, if any, were paid to
Foster individually which would be income to himself. Based on the
foregoing, we find no violation of the Ethics Act as to . this sub -
ellegation
The third sub- allegation in this case concerns the charge of
utilizing township purchase materials and other items for personal
use.
Factually, the records of DeWitt Construction Company reflect that
the township purchased thirty railroad ties at a unit price of $7.04
for a total cost of $210 on April 17, 1987. However, on April 29,
1987, DeWitt Construction Company issued a bill, referenced Canton
Township, in the amount of $280 for forty railroad ties at seven .
dollars per unit which was paid by Foster. James Mull advised that
in 1987 he hauled some railroad ties out to Foster's proPerty on
Route 844. In particular, he hauled approximately eight ties Which
were used to line the garden behind one of Foster's trailers. Howard
E. Main confirms the statements of James Mull and adds that additional
ties were hauled out to other Foster properties. Roger Corbin took
twenty to thirty ties to build a wall in the lower driveway of
Foster's house. Willie Smith, who indicates that the township has
never used railroad ties for a project, assisted in installing
railroad ties in Foster's trailer park on Route 844. Further, Howard
B. Main confirms that, in his thirty years of serviee as a township
employee, railroad ties were never used for a township project.
Delbert B. Main states that the township did purchase thirty railroad
ties which were taken by Foster's contractor to Foster's home. Roger
Corbin who performed a construction project for Foster advised that he
went to the township building and hauled the railroad ties in his
personal truck for the construction of a wall at Foster's personal
residence. Corbin estimates that he used between twenty and twenty -
five ties but was paid by Foster for his labor.
In August of 1987 Canton Township purchased two Qrders of five
cans of five gallon pavement sealer. Township secretary Rosemary
Zanol advises that Foster told her that the five .cans were for him and
that she gave him a bill but did not receive any money for the sealer.
Delbert Main advised that although the township did use sealer, the
purchases were in 55 gallon drums, but never in five gallon cans; Main
advised that the 5 gallon cans were utilized by Foster for his
personal use. The records of Russell Standard Corporation who sold
the five gallon cans do not reflect any payments from Foster.
In another .incident, Delbert and coward E. Main advised that
fteter directed them to install a thermostat gn his personal vehicle
which WAS purchased. at Bennett Auto Supply Company with invoice issued
Mr. Eugene Foster
Page 47
to Main on behalf of the Canton Township Road Department. Records of
Canton Township reflect that a check was paid to the Bennett Auto
Supply which included the thermostat. In another situation, Delbert
Main advises that Foster directed him to deliver Foster's Lawn Boy
mower to Smith Suburban Supply Company for repairs at township
expense.
As to the railroad ties, Foster states that he had some ties and
that additional ones were purchased by him from DeWitt Company to
which he sent a check in payment. As to the sealer, Foster advises
that it was delivered to the township because it was a more convenient
location for the vendor and that he sent a check to the vendor in
payment of the items. Finally he denies the township employees
repaired his personal vehicles or paid for repairs out of the township
funds.
In applying the above facts to Section 3(a) of the Ethics Act
quoted above, we are confronted with diametrically opposed statements
by township employees on the one hand and Foster on the other, wherein
the employees assert that these various personal services were done
at.township expense while Foster asserts the he made payment for these
items. Since we find that we do not have sufficient evidence to
establish a' violation of Section 3(a) of the Ethics Act, we ere ,
constrained to find no violation based upon such insufficiency as to
this sub- allegation.
The fourth allegation concerns the charge of utilizing township
road crew members to deliver cheese, butter, rice and other food items
from the surplus food distribution program to Foster's residence.
Canton Township participated in the Federal Surplus Food Program, the
administration of which was subject to operating in compliance with
all federal statutory regulations: recording information regarding
commodity recipients; prohibiting selling, trading or distributing
commodities for payment of work; requiring distribution to eligible
individuals only; requiring undistributed commodities to be returned;
accounting for all commodities in compliance with regulations and
adhering to regulations which might revise eligibility requirements as
well as requiring undistributed food to be returned to the warehouse
by 1:00 p.m. on the day after distribution. Foster as site
coordinator was responsible for all aspects of the surplus food
program. Township records for June and September 1987 reflect the
quantities of surplus that were received as well as the distribution
which was made. The records of the Washington'County Food Bank
further reflect that no items were returned for the September 1987
distribution date when the records were seized and the program was
suspended. A comparison between the amount of commodities that g6ere
purportedly distributed compared to the amount of commodities actually
distributed reflects a difference of $3,203.94 regarding unaccounted
for butter, cheese and cornmeal.
Mr. Eugene Foster
Page 48
A memorandum of the Washington /Greene County Community Action
Corporation (WGCAC) reflects that Foster and the township were under
scrutiny regarding discrepancies in the food distribution program and
that the township had been warned to monitor such discrepancies. The
memorandum also reflects that the WGCAC had received several phone
calls that Foster had been placing large commodities of surplus food
in his garage. Martha S. Grouse who is the Food and Nutrition Manager
of WGCAC wrote a memorandum to Foster on November 18, 1987 advising
that there were inconsistencies and unexplained errors in the reports
of the township consisting of discrepancies between those families
purporting to receive goods versus those that actually receive them.
After noting missing commodities and non compliance with requirements
at the distribution site, the letter concluded by threatening action
to utilize an alternate organization for food distribution.
Richard Bernett advised that he assisted Foster with surplus food
items Foster directed him to take some of the food which was at the
township garage, place it in one of the trucks and then cover the
food with the canvas so as to conceal it Bernett further advised
that people would come for food distribution who would be entitled
but could rnbt" receive any food because of the shortages. Foster would
then take the food and deliver it to friends or other acquaintances.
The township employees would load the commodities onto Fosters truck
and then in some instances deliver it to individuals' houses at
Foster's directions. Howard E. Main advised that Foster directed the
road crew on several occasions to deliver commodities to his barn or
to various friends. Foster would write his name on the cartons and
then advise the crew as to where the items should be delivered.
Wilde Smith states that. after he assisted in the food distribution
program, he would take whatever was left over to Foster's barn for
storage. Smith notes that on occasion, Foster gave the employees some
of the food for their personal use and on one occasion he went with
Foster to several individuals' houses to give them food at Foster's
direction. Howard B. Main states that some people received cheese and
butter who were not eligible for it and that these commodities were
given to Foster's friends; on one occasion, he took the remainder of
the commodities to Foster's barn with Delbert Main and Willie Smith.
Main advised that Foster would take the commodities, drive around and
give them to certain individuals which occurred on nearly every
distribution day. James Mull notes that whenever food commodities
were left over, they would either take it to the church or back to the
county food bank. On at least three occasions, Mull and others took
it to Foster's barn for storage. Mull further advised that Foster
would offer some of the food to township employees and then write his
name on the boxes that were given to his friends. It is stated by
Delbert B. Main that Foster took leftover commodities and placed/them
in his cellar. On September 27, 1987, Main was driving past the
township building and noticed that Foster and Mr. and Mrs. Cimino were
loading boxes of cheese and butter into Foster's jeep. Main picked up
other individuals and returned to observe Foster and the Cimino's
Mr. Eugene Foster
Page 49
loading their vehicles. They followed the Cimino's to their house
where they drove the vehicle into their garage and pulled down the
door. Thereafter, Cimino got into Foster's car, they drove to
Foster's garage and unloaded approximately fifty -five boxes.
Stanley Powich who is a resident of Washington confirms that on
one occasion Delbert Main picked him up and drove him to a location
where he observed individuals unloading boxes into a barn; shortly
thereafter, another vehicle arrived from which a man and woman got out
of the car and assisted in unloading boxes. The foregoing is
cdnfirmed by Christopher Tarr who advised that he was at a friend's
house which is located about one hundred and fifty yards from Foster's
premises. Howard advised that he saw Delbert Main proceed to a
certain location and observed Foster unloading a truck with another
individual helping him. William Mitchell also recounts that he was at
a'friend's house when Foster was observed unloading his vehicle.
Mitchell noted that Mr. Cimino was present and that Foster's jeep was
loaded down with boxes.
Gina Bonus who is a resident tenant of Foster indicates that when
she moved into the trailer, Foster stocked her refrigerator with
butter, cheese, flour, rice and honey and that on every Saturday,
Foster would pick up the trash and supply her with another five pound
brick of cheese.
William Blayney advised that he and another individual were
employed at the Washington County - Pennsylvania Grocery Store wherein
the owner of said store had assisted another individual in
constructing a wall on Foster's property. About a week after the
completion of the project, Blayney stated that while he was working in
the store, he went into the cooler and observed three cases of cheese
and fifteen pounds of butter which were marked with government
lettering.
Russell L. Gorby, the former township zoning officer, states that
on one occasion he received a free five pound box of cheese from
Foster with the names of Foster and Supervisor Cimino written on °it.
Since Gorby was not eligible to receive the food, he brought the box
to supervisor George Vitteck, Jr. for his opinion. Vitteck confirms
that he received the cheese from Gorby with the 'names 'of Foster and
Cimino written on it.
Finally, Willard Haney recites that on one occasion when he was at
the Jessop Steel Plant, he observed Foster coming into the office of a
management employee with an armload of boxes of cheese.
Although Foster concedes that he was in charge of the program, he
asserts that there was no problem with running it and denies that he
took any of the commodities for himself or had any in his barn or
distributed any commodities to non - eligible individuals with his name
Mr. Eugene Foster
Page 50
written on it. He does admit to taking commodities to individuals who
would call in for the food commodities because they had no way of
getting to the township to receive the distribution.
As to this sub - allegation, the evidence is overwhelming that
Foster used a worth while food distribution program as a means to
advance his own personal interests and financial gain at the expense
of the public trust. We are particularly dismayed at Foster's action
not only from the aspect of his misuse of office but from the aspect
that people who were qualified and desperately needed these
commodities were deprived of them through the actions of Foster. A
clear violation of Section 3(a) of the Ethics Act occurred as to this
sub - allegation in that Foster used the authority of office to take
these commodities for his own personal uses. Such action was a
financial gain to Foster in that he did not have to pay for these
items. The financial gain was other than compensation provided' for by
law because federal law expressly prohibits the actions taken by
Foster in this case. In addition to finding a violation, we direct
restitution of the gain, which amounts to $2,136.00, to be paid to the
Washington County Food Bank.
The fifth sub - allegation in this case concerns the charge that
Foster was utilizing township employees to distribute campaign
literature. During the 1985 General Election, a flyer was
disseminated throughout the township soliciting support for Fo
re- election. Howard E. and Delbert Main advised that they accompanied
Foster for distribution of this literature. The distribution took two
or three days and was done on township time so that the Mains were
compensated from township funds. The foregoing is somewhat
contradicted by the sworn testimony of Howard Main in a court
proceeding wherein he denied that he was under any obligation or
duress as to working for any particular candidate. Jane Piatt, the
former Township Tax Collector and current Tax Commissioner of the
Trinity Area. School District, states that she personally observed
township employees in a township truck hanging signs for Foster's re-
election throughout the .township which was done during township
working hours.
Finally, Richard ternett advises that he was required to
distribute election notices for a candidate at Foster's direction and
that other township employees did similar activities such as handing
out bills at the election polls and distributing election material.
As to this particular sub - allegation we find no violation of
Section 3(a) of the Ethics Act based upon an insufficiency of
evidence. Such activity could not be at township expense on election
day because such was a legal holiday for the road crew. Further; as
to the remaining evidence, we believe it is insufficient due to the
contradictions therein.
Mr. Eugene Foster
Page 51
The sixth and final allegation concerns the charge that Foster
utilized township equipment for personal purposes.
i
Delbert Main states that in March 1987, he and Howard B. Main
tarred and chipped the street at Foster's property >and in May of 1987,
Foster sent Howard B. Main with a load of dirt in a township truck to
his mobile home site. In addition, Howard B. Main advises that on one
occasion he took the township pickup truck with the•snow plow
attachment to Foster's trailer park. Further, he notes that Foster
used the township back hoe to dig ditches in the same cite. Finally
he advises that he hauled two loads of railroad ties which included
the forty ties that Foster purchased. Howard E. Main states that
township trucks and a mower were used by township employees in Buffalo
Township at Foster's direction and that on one occasion he
accompanied James Mull and Foster to a hardware store where Foster
picked up a refrigerator which was hauled in a township truck to one
of his trailers. Further, in May of 1987, the employees took a
township truck and a high lift to Foster's mobile home site; in
addition Foster took a township pick -up truck along with employees to
clean =up the mobile home site and haul away the trash. James Mull
advises that on one occasion he hauled a three ton load of slag from
the township building to Foster's mobile home site and that on another
occasion he accompanied Foster to Claysville to pick up a refrigerator
which was taken .:back to the trailer park in a township truck. On
another occasion Mull drove a truck at Foster's direction to
McKeesport to pick up shingles for Robert Corbin who was roofing one
of Foster's houses. In addition, he hauled railroad ties in a
township truck to Foster's mobile home site and on one occasion he
took the township back hoe to Foster's residence on South Hewitt
Avenue. Further, Mull used a township two ton truck in cleaning up
trash around the properties-owned by the Church of the Covenant in
Washington. Richard Bernett states that he hauled materials and
township equipment to Foster's mobile home site and that township
employees hauled one or two loads of slag from the township building
to that site.
Kenneth Gray, while working for Foster at his mobile irk:,
states that he observed township employees hauling toshhp a .lenient
needed to cut grass and trim trees in township truxk%.hL.p
resident Steve Meze advises that he saw a township back hie and
township truck at Foster's property but was not sure whether tdtnship
employees were working there. Ms, Carolyn Bonus, a resident in tine 'of
Foster mobile homes, advises that she did not know whets townsship
employees were working there, but did observe township trucks aind
equipment at the trailer park. In addition, Russel flinch steste that
in 1986 he observed township trucks and equipment ooneisti a bt a back
hoe and high lift on Foster's property. The forego ag, AA tentitred by
William Blayney who advised that he observed a bit, ht at meter's
house on South Hewitt Avenue as well as in his trailer park-. Gina
Bonus states that on one occasion she saw the township back hoe
Mr. Eugene Foster
Page 52
clearing an area behind her home site. Robert Corbin notes that when
he put in a water line at the trailer park, he did see the township
back hoe at Foster's house on Hewitt Avenue and saw township trucks at
the trailer site.
Foster asserts that Corbin brought the railroad' ties to his
property, that township employees did not use township equipment to
haul gravel or slag to his park site and that he did not use township
trucks or other equipment or employees of the township to clean up
his private properties.
As to the last sub - allegation we are confronted with contradictory
testimony by the various township employees and Foster as to whether
the township employees were performing the services. As to the:
township vehicles and the equipment itself, we believe that the
evidence is sufficient to establish that they were at the trailer park
or at the Foster's residence on South Hewitt Avenue. However, even
though the evidence establishes that these vehicles were present at
the location, it does not establish with particularity the use QV in
some cases even any use at all as to this equipment. Became of the
foregoing insufficiency of the evidence, we find no violation as to
the last sub- allegation.
As to the'fiAdings of violations of the Ethics Act concerning sub -
allegations one and four, we will refer this matter to the appropriate
law enforcement authority for review and consideration and whatever
action is deemed appropriate within such authority's discretion
IV. Conclusions of Law:
1. Eugene Foster as a Canton Township Supervisor is a public official
subject to the provisions of the Ethics Law.
2. Eugene Foster violated Section 3(a) of the Ethics Law when he
directed Canton Township Road Department employees to perform
maintenance work on his personal rental properties at township's
expense.
3. Eugene Foster did not violate Section 5(b)(5) of the Ethics-Law by
not listing the Church of the Covenant, Washington, Pennsylvania
as a source of income on his Statement of Financial Interests
since the evidence does not establish income to Foster from the
church.
4. Based upon an insufficiency of evidence, Eugene Foster did not
violate Section 3(a) of the Ethics Law regarding the alleged
utilization of township purchased materials and other township
items for personal use.
Mr. Eugene Foster
Page 53
5. Eugene Foster violated Section 3(a) of the Ethics Law when he
utilized Canton Township road crew members to deliver cheese,
butter, rice and other food items from a surplus food distriuution
program to his personal residence.
6. Eugene Foster did not violate Section 3(a) of the Ethics Law as to
the charged utilization of Canton Township employees to distribute
campaign literature based upon an insufficiency of the evidence.
7. Eugene Foster did not violate Section 3(a) of the Ethics Law
regarding the alleged utilization of Township equipment for
personal purposes due to an insufficiency of evidence.
In re: Eugene Foster
: File Docket: 87 -178 -C
Date Decided: May 17 1990
: Date Mailed: May 29, 1990
ORDER No. 749
1. Eugene Foster as a Canton Township Supervisor violated Section
3(a) of the Ethics Law when he directed Canton Township Road
Department employees to perform maintenance work on his personal
rental properties at township's expense.
2. Eugene Foster did not violate Section 5(b)(5) of the Ethics Law by
not listing the Church of the Covenant, Washington, Pennsylvania
as a source of income on his Statement of Financial Interests
since the evidence does not establish income to Foster from the
church.
3. Based upon an insufficiency of evidence, Eugene Foster did not
violate Section 3(a) of the Ethics Law regarding the alleged
utilization of township purchased materials and other township
items for personal use.
4. Eugene Foster violated Section 3(a) of the Ethics Law when he
utilized Canton Township road crew members to deliver cheese,
butter, rice and other food items from a surplus food distribution
program to his personal residence.
5. It is directed that Eugene Foster make timely restitution to the
Washington County Food Bank in the amount of $2,136.00.
6. Eugene Foster did not violate Section 3(a) of the Ethics Law as to
the charged utilization of Canton Township employees to distribute
campaign literature based upon an insufficiency of the evidence.
7. Eugene Foster did not violate Section 3(a) of the Ethics Law
regarding the alleged utilization of Township equipment for
personal purposes due to an insufficiency of evidence.
8. Eugene Foster is directed to desist in utilizing township
employees, equipment or materials for his own personal, financial
or political purposes.
9. This matter will be referred to the appropriate law enforcement
authority for review and consideration and whatever action is
deemed appropriate within such authority's discretion as to the
violations found in numbered paragraphs one and four above.'
BY TH COMMISSION,
LENA G. G , HAIR
Robert W. Brown dissents only as to the , ailure to impose a treble
penalty.