HomeMy WebLinkAbout1243 KeeneyIn Re: Joseph E. Keeney
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Daneen E. Reese
Frank M. Brown
Susan Mosites Bicket
Donald M. McCurdy
Michael Healey
00- 080 -C2
Order No. 1243
9/4/02
9/25/02
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted an
investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act
9 of 1989, P.L. 26, 65 P.S. §401 et seq., as codified by Act 93 of 1998, Chapter 11, 65
Pa.C.S. §1101 et seq., by the above -named Respondent. At the commencement of its
investi9ation, the Investigative Division served upon Respondent written notice of the specific
allegation(s). Upon completion of its investi9ation, the Investigative Division issued and
served upon Respondent a Findings Report identified as an "Investigative Complaint." An
Answer was filed and a hearing was waived. The record is complete. A Consent Agreement
and Stipulation of Findings were submitted by the parties to the Commission for consideration.
The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement
was subsequently approved.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11
of Act 93 of 1998, 65 Pa.C.S. §1101 et seq., which essentially repeats Act 9 of 1989 and
provides for the completion of pending matters under Act 93 of 1998.
This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and
will be made available as a public document thirty days after the mailing date noted above.
However, reconsideration may be requested. Any reconsideration request must be received at
this Commission within thirty days of the mailing date and must include a detailed explanation
of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code
§21.29(b). A request for reconsideration will not affect the finality of this adjudication but will
defer its public release pending action on the request by the Commission.
The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of
1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor
subject to a fine of not more than $1,000 or imprisonment for not more than one year.
Confidentiality does not preclude discussing this case with an attorney at law.
Keeney 00- 080 -C2
Page 2
I. ALLEGATION:
That Joseph E. Keeney, a (public official /public employee) in his capacity as a Building
Construction Inspector with the Department of General Services, Commonwealth of
Pennsylvania, violated provisions of the Public Official and Employee Ethics Law (65 Pa.C.S.
§1101 et seq.) when he used the authority of his office for a private pecuniary benefit when he
obtained concrete from a vendor working on job site where he served as a Construction
Inspector; when he failed to file Statements of Financial Interests for the 1999 and 2000
calendar years as a councilman for New Albany Borough; when he failed to file a Statement of
Financial Interests with DGS for the 2000 calendar year as a former employee; and when he
failed to report on Statements of Financial Interests for the 1999 calendar year certain
information including but not limited to: income from rental properties and Shady Nook
Restaurant, office or directorship business interests in a self- storage rental facility owned by
him, and real estate leased or sold to the Commonwealth, specifically a lease with the
Pennsylvania Department of Transportation; when he failed to disclose on Statements of
Financial Interests filed with DGS for the 1999 calendar year certain information including but
not limited to: his position as a member of New Albany Borough Council; when he claimed
compensation for hours not worked in his capacity as Construction Inspector; and when he
used Commonwealth assigned vehicle and a voyager credit card for his personal use.
II. FINDINGS:
1. Joseph E. Keeney was employed by the Commonwealth of Pennsylvania, Department
of General Services, Bureau of Construction, from July 5, 1983, until December 4,
2000.
a. Keeney was employed as a Building Inspector with regular civil service status.
b. Keeney resigned his position with the Commonwealth on December 4, 2000.
2. Keeney's job duties as a Building Construction Inspector are included in a job
description signed by Keeney on July 15, 1996.
a. Normal scheduled working hours are Monday through Friday, 8:00 a.m. until
4:30 p.m. with an hour lunch period.
b. Major duties include a wide variety of technical inspection duties related to a
building construction projects.
c. Specific work includes inspection and record keeping duties on construction,
renovation, and repair projects for the purpose of assuring that a project is
completed in a timely fashion and with close adherence to Commonwealth
approved plans and specifications.
3. Keeney is assigned to the Bureau of Construction, Eastern Region Office, Kutztown,
PA, but works out of his residence in New Albany, PA, and travels portal to portal
within a seventy (70) mile radius of his residence.
a. Keeney is required to complete daily construction reports and fax these and his
daily scheduled work times to the Kutztown Regional Office on a daily basis.
b. These documents were to confirm worksites, duties performed and hours
worked.
4. Keeney served as a member of New Albany Borough Council from January 4, 1999,
until resigning effective July 1, 2000.
Keeney 00- 080 -C2
Page 3
a. Keeney had been appointed to fill a vacancy on council.
5. Keeney was required to obtain supplemental employment approval from DGS to serve
as a New Albany Borough Councilman while simultaneously being employed by DGS
as a construction inspector.
6. Joseph Keeney submitted a Supplemental Employment Request to the Department of
General Services, Bureau of Personnel, on April 20, 1999, seeking approval to serve
as a councilman for New Albany Borough.
a. Keeney's supplemental employment application identifies his position as a
Building Construction Inspector with a work site at the State Correctional
Institute of Dallas.
b. Keeney's scheduled working hours are listed as 8:00 a.m. to 4:30 p.m., Monday
through Friday.
c. Keeney's request noted that he was to fill a vacancy on borough council.
7. Keeney's supplemental employment application to serve as a New Albany Borough
Councilman was filed four (4) months after he accepted the position and began serving
as a member of council.
a. Keeney became a New Albany Borough Councilman on January 4, 1999, while
his supplemental employment application wasn't submitted until April 20, 1999.
8. Keeney's request for supplemental employment was denied by DGS on May 18, 1999.
a. Keeney's request was denied due to his civil service status and the
appointment "would be in conflict with the political activity guidelines for civil
service employees."
b. It was strongly recommended to Keeney that he promptly resign from the
position if he already accepted it.
9. Keeney ignored this directive and continued to serve on New Albany Borough Council
for over an additional year until July 1, 2000.
a. Keeney resigned from council after filing an application for a liquor license with
the Pennsylvania Liquor Control Board.
10. Keeney submitted a letter of resignation to New Albany Borough on or about July 1,
2000, which stated as follows:
a. "Due to the decision by the Pennsylvania State Ethics Commission. I
regretfully have to resign from the New Albany Borough Council immediately or
my employment with the State will be terminated. I have requested several
times for the State to review this matter, and their decision was that my job
classification would cause conflict with the State Ethics Board."
b. The State Ethics Commission issued no rulings directing Kenney to resign his
position on council.
11. Keeney in his capacity as a Construction Inspector for the Department of General
Services was annually required to file a Statement of Financial Interests form.
12. Keeney filed Statements of Financial Interests with DGS Personnel Services, which
included the following.
Keeney 00- 080 -C2
Page 4
a.
Calendar Year:
Filed:
Position:
Creditors:
Direct /Indirect Income:
Office, Directorship or
Emp. in any Business:
Fin. Int. in any Business:
All Other Financial Int:
b.
Calendar Year:
Filed:
Position:
Creditors:
Direct /Indirect Income:
Fin. Int. in any Business:
All Other Financial Int:
c.
Calendar Year:
Filed:
Position:
Creditors:
Direct /Indirect Income:
All Other Financial Int:
d.
Calendar Year:
Filed:
Position:
Creditors:
Direct /Indirect Income:
All Other Financial Int:
e.
Calendar Year:
Filed:
Position:
Creditors:
Direct /Indirect Income:
All Other Financial Int:
f.
Calendar Year:
Filed:
1999
04/24/00 on SEC form 1/00
Building Construction Inspector
Robert Epler, 8% restaurant mortgage, C &N Bank, 9 %,
C &N Bank, 10%
Commonwealth of PA
Shady Nook Restaurant, Owner
Shady Nook Restaurant, Owner
None
1998
04/12/99 on SEC form 1/99
Building Construction Inspector
Robert Epler, 8 %, C &N Bank, 8.5%
Commonwealth of PA, Shady Nook Restaurant,
apartments
Shady Nook Restaurant, Partner
None
1997
04/20/98 on SEC form 1/98
Building Construction Inspector
None
Commonwealth of PA
None
1996
04/17/97 on SEC form 1/97
Building Construction Inspector
None
Commonwealth of PA
None
1995
04/24/96 on SEC form 1/96
Building Construction Inspector
None
None
None
1994
04/19/95
Keeney 00- 080 -C2
Page 5
Position:
Creditors:
Direct /Indirect Income:
All Other Financial Int:
Building Construction Inspector
None
None
None
13. Keeney did not disclose his position of councilman for New Albany Borough on the
Statement of Financial Interests filed on April 24, 2000, as a DGS employee.
a. Keeney would have been required to disclose his service on line 4 and line 5 of
the form filed for the 1999 calendar year.
14. Keeney's failure to disclose his position on New Albany Borough Council on the
Statement of Financial Interests filed on April 27, 2000, concealed from DGS officials
his continued service, after having been advised by DGS the council position would
conflict with his civil service.
15. Keeney did not file a Statement of Financial Interest for the 2000 calendar year by May
1, 2001, within one year of terminating his employment with the Department of General
Services.
a. The Department of General Services notified the State Ethics Commission of
Keeney's failure to file a Statement of Financial Interests for the 2000 calendar
year.
16. Keeney was sent a notice by the Administrative Division of the State Ethics
Commission on September 7, 2001, that informed him of his non - filing status and that
failure to file within twenty (20) days could result in fines.
a. Keeney did not respond to this notification.
17. Keeney was sent a second notice on October 25, 2001, by the Administrative Division
of the State Ethics Commission which advised of the intent to commence civil penalty
proceedings for his failure to file a SFI for calendar year 2000.
a. The notice directed Keeney to file within twenty (20) days.
b. Keeney's notice was sent by certified mail no. 7001 - 0360- 0001 - 4061 -5765, to
R.D. #2, Box 147A, New Albany„ PA 18833, his residence.
18. Keeney's final notice was returned to the Ethics Commission by the U.S. Postal
Service as "refused" on November 13, 2001.
a. The U.S. Postal Service attempted delivery to Keeney on October 27, 2001,
November 1, 2001, and November 11, 2001.
19. Keeney has not filed a Statement of Financial Interests for the 2000 calendar year.
20. Keeney as a member of New Albany Borough Council was annually required to file
Statements of Financial Interests.
21. Keeney filed Statements of Financial Interests with New Albany Borough Council as
follows:
a.
Calendar Year: 1998 (1999 listed on form)
Filed: 05/08/99 on SEC Form 1/99
Position:
New Albany Borough Councilman'
Keeney 00- 080 -C2
Page 6
Creditors:
Direct /Indirect Income:
Office, Directorship or
Emp. in any Business:
Financial Int. in any Bus:
b.
Calendar Year:
Filed:
Position:
Creditors:
Direct /Indirect Income:
Office, Directorship or
Emp. in any Business:
Financial Int. in any Bus:
All other financial interests:
b.
c.
d.
None
Commonwealth of PA
Shady Nook Restaurant, owner /partner
Shady Nook Restaurant; owner /partner
All Other Financial Int.: None
1998
03/08/99 on SEC Form 1/97
Councilman /council candidate
Robert & Judy Epler, 8%
Commonwealth of PA
Shady Nook Restaurant, Partner
Shady Nook Restaurant, 50%
None
c. Keeney did not file Statements of Financial Interests with New Albany Borough
in 2000 for calendar year 1999 and 2001 for calendar year 2000, the year after
leaving this position as councilman.
d. Keeney did not disclose C &N Bank as a creditor on any forms he filed with the
New Albany Borough.
1. C &N was disclosed on filings made with DGS.
22. Keeney, along with his wife, Mary E. Keeney, have private business interests including
but not limited to:
a. The New Maple Leaf Inn, Inc., R.D. #2, Box 147a, New Albany, PA 18833.
(Since 2000).
Keeney's Self Storage (Since 1999).
Shady Nook Restaurant (Since 1999).
Rental properties, New Albany (Since 1999).
23. Articles of Incorporation were filed with the Pennsylvania Department of State,
Corporation Bureau, for the New Maple Leaf Inn, Inc., R.D. #2, Box 147A, New
Albany, PA 18833 on March 13, 2000.
a. Incorporators are identified as Joseph E. Keeney and Mary E. Keeney, both
with listed addresses of R.D. #2, Box 147 A, New Albany, PA 18833.
b. The effective date of incorporation is March 15, 2000.
24. The Keeney's filed an application for a liquor license with the Liquor Control Board on
June 15, 2000.
a. The application lists Keeney as secretary /treasurer and his wife Mary as
president.
b. Question 20 of the application includes "None of the Applicants hold any public
office involving the enforcement of penal laws or ordinances or resolutions
except as follows:
Keeney 00- 080 -C2
Page 7
1. Keeney answered "none."
c. At the time of the application Keeney was a member of the New Albany council
responsible for enforcement of ordinances and resolutions of the borough.
25. Keeney did not file a supplemental employment request with DGS seeking approval to
operate /work at the Maple Leaf Inn.
26. Keeney's self- storage and Shady Nook Restaurant are not incorporated businesses
within the Commonwealth of Pennsylvania.
a. Keeney has owned and operated the self- storage units since 1999.
b. Keeney and his wife have owned the Shady Nook Restaurant since 1999.
1. Keeney submitted a supplement employment request to DGS on April
20, 1999, seeking approval to perform maintenance work at Shady
Nook.
2. DGS approved the request on May 17, 1999.
27. On July 28, 1999, Keeney entered into a lease agreement with the Commonwealth of
Pennsylvania, Department of Transportation, to lease PennDOT a tract of real estate
measuring 300' x 400' along state route 220.
a. Lease terms are for a 25 year period beginning on October 1, 1999, and ending
September 30, 2024.
b. Keeney is to receive compensation in the amount of $1,200.00 in year one of
the lease increasing annually by 3% over the term of the lease.
28. Keeney did not seek supplemental employment approval for his financial interests in
Keeney's self- storage, the New Maple Leaf Inn or his lease agreement with PennDOT.
a. All three (3) of these activities constituted a form of supplemental employment
requiring DGS approval.
29. Keeney did not disclose his lease agreement with the Commonwealth on the Statement
of Financial Interests filed with DGS on April 24, 2000, for the 1999 calendar year.
a. Any real estate leased or sold to the Commonwealth or any of its subdivisions is
required to be disclosed on Statements of Financial Interests.
The following findings relate to the allegation that Keeney used his Commonwealth
vehicle and Commonwealth Voyager card for his personal use.
30. Keeney in his official capacity as an employee of the Department of General Services
was permanently assigned a Commonwealth vehicle to be used on official business.
a. Keeney began using a Commonwealth vehicle effective August 1999.
b. Keeney used his personal vehicle on state business prior to August of 1999
and received a mileage reimbursement based on the state approved rate.
31. Keeney was assigned a 1993 Pontiac Grand Am, PA License No. 10885, equipment
number 016 -01 -0388, VIN # 1G2NW14NOPC79331.
Keeney 00- 080 -C2
Page 8
a. Keeney was the primary driver of this vehicle.
b. Keeney took this vehicle home daily.
32. Commonwealth of Pennsylvania Management Directives require that employees
operating a state vehicle complete a Commonwealth of PA STD -554 monthly
automotive activity report.
a. The report includes sections which provide the operator an area to disclose
daily starting mileage and locations traveled.
33. Keeney completed a PA STD -554 form on a monthly basis while assigned a state
vehicle.
a. Keeney signed the certification box on each form which states "I certify that this
vehicle was used only for official business."
34. Management Directives do not permit the use of Commonwealth vehicles for personal
use or use during non - working hours.
35. Keeney was provided with a Voyager Fleet gas card to be used exclusively for refueling
and emergency repairs to the 1993 Pontiac Grand Am assigned to him.
a. Voyager card identification number 300116 was issued for this vehicle.
36. Voyager Fleet services invoiced DGS on a monthly basis for all charges incurred by
Keeney for the operation of the state vehicle.
a. Voyager invoices display the date and time of purchase, station location, card
ID, odometer reading, type and quantity of product purchased.
37. Keeney's state car included an owners manual which contained information on the
vehicles fluid capacities including fuel tank capacity.
a. The stated capacity on page 252 of the owners manual is 15.2 gallons.
b. This vehicle was to be operated with unleaded gasoline only.
38. Between August 24, 1999, and October 25, 2000, Keeney regularly charged over 15.2
gallons of fuel (the amount necessary to completely fill the tank) per occurrence on the
Voyager card assigned to his vehicle.
a.
Price Per Amount Over Additional
Date Mileage Gallons Gallon Ca acity Cost
08/24/99 42,732 16.17 $1.33 0.97 $1.29
09/08/99 43,069 15.45 $1.36 0.25 $0.34
09/21/99 43,408 15.29 $1.39 0.09 $0.13
09/29/99 43,727 16.55 $1.39 1.35 $1.88
10/22/99 44,462 15.76 $1.46 0.56 $0.82
11/09/99 45,073 15.87 $1.45 0.67 $0.97
12/02/99 45,717 15.27 $1.49 0.07 $0.10
12/08/99 46,008 16.86 $1.35 1.66 $2.24
02/01/00 47,597 16.02 $1.53 0.82 $1.26
02/08/00 48,252 15.20 $1.53 0.00 $0.00
02/11/00 49,593 16.80 $1.38 1.60 $2.21
02/16/00 48,924 16.78 $1.55 1.58 $2.45
Keeney 00- 080 -C2
Page 9
02/22/00 47,972 15.72 $1.40 0.52 $0.73
03/01/00 49,912 15.93 $1.60 0.73 $1.17
03/08/00 50,280 17.10 $1.55 1.90 $2.95
03/13/00 50,645 15.66 $1.74 0.46 $0.80
03/16/00 50,972 15.80 $1.69 0.60 $1.01
03/20/00 51,310 15.61 $1.70 0.41 $0.70
03/23/00 51,680 15.91 $1.76 0.71 $1.25
03/29/00 52,042 15.85 $1.76 0.65 $1.14
04/07/00 52,746 16.88 $1.60 1.68 $2.69
04/11/00 53,081 15.44 $1.62 0.24 $0.39
04/20/00 53,740 15.67 $1.66 0.47 $0.78
05/02/00 54,761 15.49 $1.55 0.29 $0.45
05/04/00 55,053 16.13 $1.55 0.93 $1.44
05/17/00 56,045 18.37 $1.43 3.17 $4.53
05/23/00 56,386 15.62 $1.73 0.42 $0.73
05/26/00 56,732 15.52 $1.74 0.32 $0.56
06/01/00 57,054 15.30 $1.73 0.10 $0.17
06/12/00 57,342 16.00 $1.75 0.80 $1.40
06/15/00 57,735 15.64 $1.79 0.44 $0.79
06/19/00 58,064 15.65 $1.79 0.45 $0.81
06/22/00 58,398 17.29 $1.62 2.09 $3.39
06/29/00 58,766 16.05 $1.58 0.85 $1.34
07/25/00 60,555 15.49 $1.55 0.29 $0.45
07/31/00 60,915 15.49 $1.55 0.29 $0.45
08/03/00 61,259 15.39 $1.56 0.19 $0.30
08/18/00 62,297 15.49 $1.55 0.29 $0.45
08/22/00 62,626 15.49 $1.55 0.29 $0.45
08/25/00 62,975 15.80 $1.52 0.60 $0.91
08/30/00 63,216 15.39 $1.56 0.19 $0.30
09/11/00 64,997 15.30 $1.57 0.10 $0.16
09/15/00 64,395 15.83 $1.58 0.63 $1.00
09/19/00 64,653 17.30 $1.33 2.10 $2.80
(Kerosene)
Total 32.82 $50.18
39. During the time from August 24, 1999, through September 19, 2000, when Keeney
was purchasing fuel in excess of the vehicle tank capacity, Keeney would purchase
fuel which was put in five gallon cans.
40. The 32.82 gallons of fuel obtained by Keeney which exceeded the tank capacity does
not include the fuel required to get the vehicle to a filling station.
a. The vehicle's gas tank would have to have been completely empty each time it
took 15.2 gallons or more to fuel.
b. This occurred 44 times between August 24, 1999, and September 15, 2000.
41. The excess fuel charged by Keeney to the voyager credit card resulted in a private gain
of $50.28.
42. On August 19, 2000, Keeney used his Voyager card to purchase 17.3 gallons of
kerosene from Flynn Stone Castle, Route 706, Lawton, PA.
a. Keeney's state care did not use kerosene.
b. Keeney personally signed the receipt for this purchase.
Keeney 00- 080 -C2
Page 10
c. Total charges incurred were $23.00.
d. Keeney was not required to purchase kerosene to perform his job duties for the
Commonwealth.
43. Keeney also utilized the voyager credit card on days when he was on leave from his
job and was not authorized to use his Commonwealth assigned vehicle.
44. Keeney utilized 7.5 hours of approved personal leave on May 2, 2000.
a. Keeney's leave was approved by William Walsh and logged on his time records
for calendar year 2000.
b. DGS daily construction reports for May 2, 2000, confirm that Keeney used
personal leave on May 2, 2000.
c. Keeney's mileage log for May 2, 2000, also lists him as using a personal day.
45. Keeney's monthly automotive activity report for May 2000 details the following start
mileage and destinations for the period May 1, 2000, through May 3, 2000.
Date Start Mileage Destination
05/01/00 54,819 Great Bend
05/02/00 Not Listed Personal Day
05/03/00 54,959 Great Bend
a. The distance between New Albany (Keeney's residence) is 140 miles. The
starting mileage of 54,959 on May 3, 2000, would be consistent without travel.
46. Voyager invoice for May 2000 for Keeney's voyager card details fuel being purchased
on May 2, 2000, at 12:47 p.m. from Wells Mill Co., New Albany, PA.
a. The amount of fuel purchased was in excess of the capacity of the fuel tank to
Keeney's assigned vehicle.
b. Keeney purchased 15.49 gallons of super unleaded gas at a cost of $24.01.
1. Keeney's state car capacity was only 15.20 gallons.
2. Keeney's state vehicle requires the use of regular unleaded gasoline.
c. Keeney resides in New Albany near the Wells Mill Company.
47. When using the Voyager card to purchase fuel, the operator is required to enter the
mileage of the vehicle.
a. Keeney entered mileage of 54,761 at the time of purchase which was not
consistent with mileage listed on his monthly automotive activity report.
b. Keeney reports a start mileages of 54,819 on May 1, 2000, and 54,959 on May
3, 2000, the distance between the job site at Great Bend and New Albany.
c. Keeney's travel expense voucher number 428940 lists a job site of Great Bend
and 140 miles put on the vehicle for May 1, 2000.
48. Kenney purchased gasoline using the Voyager card on the following dates entering
mileage which was different than the recorded mileage on monthly automotive reports:
Keeney 00- 080 -C2
Page 11
Date Start Mileage Voyager Mileage
05/02/00 - 54,761
05/03/00 54,959
05/04/00 55,100 55,053
05/09/00 54,498 55,342
05/10/00 55,769 55,692
05/17/00 56,189 56,045
05/23/00 56,469 56,386
a. Keeney's voyager mileage at the time of refueling was regularly less than the
stated start mileage for the day.
b. Keeney signed his monthly automotive activities certifying that the vehicle was
used for official business only.
49. Keeney's official work hours are Monday through Friday from 8:00 a.m. until 4:30 p.m.,
with travel time to certain assigned work locations.
a. Keeney was not permitted travel time to job sites less than twenty -five (25) miles
from his residence.
1. Keeney was required to be on the job site from 8:00 a.m. to 4:30 p.m. for
assigned work locations less than twenty -five (25) miles.
b. Keeney was permitted one -half hour travel time to and from job sites between
twenty -five (25) and forty -nine (49) miles from his residence.
1. Keeney was required to be on the job site from 8:30 a.m. to 4:00 p.m. for
assigned work locations between twenty -five (25) and forty -nine (49)
miles from his residence.
c. Keeney was granted one hour travel time to job sites between fifty (50) and
ninety -nine (99) miles from his residence.
1. Keeney was required to be on the job site from 9:00 a.m. to 3:30 p.m. for
assigned work locations between fifty (50) and ninety -nine (99) miles
from his residence.
d. Keeney was entitled to two fifteen minute breaks and a one hour lunch period.
1. Keeney was not permitted to use break or lunch periods to flex his
scheduled work hours.
50. Voyager gas receipts and invoices confirm dates and times that Keeney purchased
fuel at locations other than his assigned work site.
a. Keeney's assigned voyager card was used to purchase 15.10 gallons of super
unleaded at Pump -n- Pantry, R.R. #3, Box 140 -2, Pikes Creek, PA 18621, on
May 10, 2000, at 3:29 p.m.
b. Pikes Creek is located 80 miles (1.5 hours) in the opposite direction from Great
Bend, Keeney's assigned job site for May 10, 2000.
c. Keeney lists Great Bend as his only location on both his monthly automotive
activity report and travel expense report for May 10, 2000.
d. Keeney did not have any official business in Pikes Creek, on May 10, 2000.
Keeney 00- 080 -C2
Page 12
1. Pikes Creek was not an assigned work site for Keeney.
e. Keeney's daily construction report for May 10, 2000, lists him being at ajob site
in Great Bend from 8:00 a.m. until 4:30 p.m.
1. Keeney's signed the daily construction report.
f. Keeney would have had to leave Great Bend no later than 2:00 p.m. to be in
Pikes Creek by 3:29 p.m.
1. Keeney's work shift ended at 4:30 p.m.
51. By leaving his work at Great Bend on or about 2:00 p.m., Keeney did not work his
required 7.5 hour shift on May 10, 2000.
a. Keeney worked, at most, five (5) hours on May 10, 2000 (8:00 a.m. to 2:00 p.m.
with one (1) hour lunch).
52. Keeney received a private pecuniary benefit of $52.50 as a result of working less than
7.5 hours on May 10, 2000.
a. In May 2000, Keeney was earning $20.79 per hour.
b. Financial gain based on 2.5 hours x $20.79/hr.
53. Keeney regularly purchased gasoline in his hometown of New Albany, PA, during
hours when he should have been either traveling to or been at an assigned work site.
a. Keeney's assigned job sites between August 1999 and December 2000
included Towanda, LaPorte, Clarks Summit, Avoca, Dallas and Great Bend.
54. Travel times to various work sites from Keeney's home are as follows:
Starting Approximate Approved
Point Destination Mileage Travel Time
New Albany Towanda 13.9 None
New Albany La Porte 16.0 None
New Albany Great Bend 57.9 1 Hour
New Albany Dallas 47.1 30 Minutes
New Albany Avoca 61.3 1 Hour
New Albany Clarks Summit 52.6 1 Hour
55. Keeney was not authorized travel time to jobsites in Towanda or LaPorte. Both are
under twenty -five (25) miles from New Albany.
56. Keeney was authorized travel time for the following work sites:
a. Dallas: Thirty (30) minutes
b. Great Bend: One (1) hour
c. Avoca: One (1) hour
d. Clarks Summit: One (1) hour
57. Voyager invoices and gas receipts confirm dates and times when Keeney refilled his
Keeney 00- 080 -C2
Page 13
state car in his hometown of New Albany, PA, during hours he should have been in
route or at an assigned DGS job site and when no travel time was authorized.
Date Time
Service
Station
08/24/99 8:43 a.m. Wells Mi
09/08/99 8:34 a.m. Wells Mil
09/21/99 8:42 a.m. Wells Mi
09/29/99 12:19 p.m. Wells Mil
11/01/99 8:44 a.m. Wells Mil
11/09/99 12:54 p.m. Wells Mil
12/02/99 8:55 a.m. Wells Mil
12/08/99 2:50 p.m. Wells Mil
12/27/99 8:47 a.m. Wells Mil
01/20/00 9:29 a.m. Wells Mil
Comp
Comp.
Comp
Comp.
Comp.
Comp.
Comp.
Comp.
Comp.
Comp.
Location of
Svc. Station
New Albany
New Albany
New Albany
New Albany
New Albany
New Albany
New Albany
New Albany
New Albany
New Albany
Keeney'
s
Job Site
oT w
Towanda
Towanda
Towanda
Towanda
Towanda
Towanda
Towanda
LaPorte
Towanda
a. Keeney's start time at those locations was 8:00 a.m. and a quit time of 4:30
p.m.
b. It would have taken at least thirty (30) minutes travel time from Keeney's
residence to work sites at Towanda and LaPorte.
c. Keeney did not have any reported leave usage during these days.
58. Keeney received a private pecuniary gain when he reported late for work or left work
early as follows:
Date Time Total
08/24799 73 minutes $24132
09/08/99 64 minutes $21.76
09/21/99 72 minutes $24.48
09/29/99 221 minutes $75.14
11/01/99 74 minutes $25.16
11/09/99 186 minutes $63.24
12/02/99 85 minutes $28.90
12/08/99 130 minutes $44.20
12/27/99 77 minutes $26.18
01/20/00 119 minutes $41.65
$375.53
a. Keeney was earning $20.18 per hour or $ .34 per minute from August through
December 1999 (excess time calculated by added thirty (30) minutes travel time
to destinations).
59. Voyager invoices and gas receipts confirm dates and times when Keeney purchased
fuel for his state vehicle during hours when he should have been at a work site when
travel time was authorized.
Service
Date Time Station
02/01/00 2:53 p.m. Wells Mil Comp.
02/08/00 10:04 a.m. Wells Mil Comp.
02/16/00 8:51 a.m. Wells Mil Comp.
03/01/00 8:43 a.m. Wells Mil Comp.
03/20/00 1:12 p.m. Wells Mil Comp.
04/04/00 8:43 a.m. Wells Mil Comp.
Location of
Svc. Station
New Albany
New Albany
New Albany
New Albany
New Albany
New Albany
Keeney's
Job Site
Avoca
Clarks Summit
Clarks Summit
Clarks Summit
Clarks Summit
Dallas
Keeney 00- 080 -C2
Page 14
a.
Service
Date Time Station
04/07/00 8757.m. Wells Mill Comp.
08/03/00 8:23 a.m. Wells Mill Comp.
09/15/00 8:33 a.m. Wells Mill Comp.
10/03/00 10:03 a.m. Wells Mill Comp.
60. Keeney received a private pecuniary gain when he was compensated
reporting to work late or leaving early as follows:
Date
02/01 /97[sic]
02/08/00
02/16/00
03/01/00
03/20/00
04/04/00
08/03/00
09/15/00
10/03/00
Date
02717700
03/08/00
03/16/00
Time
87547.m.
8:59 a.m.
8:59 a.m.
No. of Minutes
97
124
51
43
138
45
23
33
123
Service Station
RJ Food Mart
RJ Food Mart
RJ Food Mart
Location of
Svc. Station
New Albany
New Albany
New Albany
New Albany
Hour! Rate
$20.79/hr or $ .35 /min
$20.79/hr or $ .35 /mn
$20.79/hr or $ .35 /mn
$20.79/hr or $ .35 /mn
$20.79/hr or $ .35 /mn
$20.79/hr or $ .35 /mn
$20.79/hr or $ .35 /mn
$20.79/hr or $ .35 /mn
$20.79/hr or $ .35 /mn
Total
Minutes
30
30
30
Total
Keeney's
Job Site
Great Bend
Great Bend
Great Bend
Great Bend
for either
Total
$33.9b
$43.50
$17.85
$15.05
$48.30
$15.75
$8.05
$11.55
$43.05
$236.95
a. Thirty minutes travel time was added to destinations less than twenty -five miles
from New Albany.
b. Approved travel time was factored in to all destinations over twenty -five miles.
c. Keeney was compensated at a rate of $20.79 per hour or .35 per minute
effective January 2000.
61. Keeney received compensation of at least $612.48 from the Commonwealth for hours
not worked based on Voyager records detailed in findings 67 through 70.
62. Voyager records confirm Keeney refilling his state car in Meshoppen, PA, at times
when he should have been at an assigned DGS job site in Clarks Summit.
a. Keeney's job site hours at Clark Summit were from 9:00 a.m. to 3:30 p.m.
1. Keeney was entitled to one (1) hour travel time to Clark Summit since it
was in excess of fifty (50) miles from his residence.
b. Meshoppen is approximately 26.3 miles or 30 minutes from Clarks Summit.
c. Clarks Summit is approximately 52.6 miles or one hour from New Albany.
63. Keeney purchased fuel using the voyager card at the Meshoppen food mart at or about
the time he was scheduled to start work as follows:
Cost to Cmwlth.
$10.50
$10.50
$10.50
$31.50
b. Financial gain of $31.50 based on 30 minutes multiplied by Keeney's rate of
Keeney 00- 080 -C2
Page 15
pay of $.35 per minute ($20.79/hr).
c. Keeney did not have any reported leave usage during the dates listed in this
finding.
d. Keeney was not authorized to start his work day later than 9:00 a.m.
64. Keeney refueled his state car at various locations between his residence at New
Albany and Great Bend when he was an assigned inspector for a DGS job site in Great
Bend.
a. While assigned to the Great Bend job site Keeney would fill up in towns
including New Milford, Montrose, Camptown and Lawton, which are along a
route from New Albany to Great Bend.
1. New Milford is approximately 8.2 miles from Great Bend.
2. Montrose is approximately 17.8 miles from Great Bend.
3. Camptown is approximately 40.3 miles from Great Bend.
4. Lawton is approximately 29.4 miles from Great Bend.
b. The refuelings occurred during Keeney's regular working hours and at times
when he reported on construction logs to be at the Great Bend work site.
c. Keeney was entitled to one (1) hour travel time to Great Bend since it was over
fifty (50) miles from New Albany.
d. Keeney was required to be on site in Great Bend between 9:00 a.m. and 3:30
p.m.
65. Voyager records for Keeney's assigned Commonwealth vehicle confirm he was
refueling his state car at the following locations when he should have been at his
assigned DGS job site in Great Bend
a.
Date Time Service Station Location
03/23700 2 3 p.m. Pump & Pantry New Milford
03/29/00 10:05 a.m. Pump & Pantry Montrose
04/17/00 3:06 p.m. Pump & Pantry Montrose
05/17/00 9:23 a.m. Creekside Food Camptown
05/23/00 3:12 p.m. Creekside Food Camptown
05/26/00 2:20 p.m. Pump & Pantry New Milford
06/15/00 9:17 a.m. Pump & Pantry Montrose
06/19/00 2:50 p.m. Pump & Pantry New Milford
06/22/00 8:52 a.m. Creekside Food Camptown
07/05/00 3:21 p.m. Pump & Pantry New Milford
07/10/00 3:19 p.m. Pump & Pantry New Milford
07/14/00 3:00 p.m. Pump & Pantry New Milford
07/31/00 8:57 a.m. Creekside Food Camptown
08/10/00 3:25 p.m. Pump & Pantry New Milford
08/15/00 9:19 a.m. Flynn Stone Castle Lawton
08/18/00 9:03 a.m. Creekside Food Camptown
08/25/00 3:40 p.m. Flynn Stone Castle Lawton
08/30/00 3:30 p.m. Pump & Pantry New Milford
09/06/00 8:34 a.m. Creekside Food Camptown
Keeney 00- 080 -C2
Page 16
Date Time Service Station Location
O9/11/00 3 m. Flynn Stone Castle Lawton
66. Keeney realized a private pecuniary gain when he was compensated by the
Commonwealth at times when he was not at his assigned work site at Great Bend.
Date Time Time not Working Gain
037700 23 p.m. 60 minutes $21
03/29/00 10:05 a.m. 90 minutes $31.50
04/17/00 3:06 p.m. 60 minutes $21.00
05/17/00 9:23 a.m. 65 minutes $22.75
05/23/00 3:12 p.m. 60 minutes $21.00
05/26/00 2:20 p.m. 70 minutes $24.50
06/15/00 9:17 a.m. 40 minutes $14.00
06/19/00 2:50 p.m. 50 minutes $17.50
06/22/00 8:52 a.m. 35 minutes $12.25
07/05/00 3:21 p.m. 20 minutes $7.00
07/10/00 3:19 p.m. 20 minutes $7.00
07/14/00 3:00 p.m. 40 minutes $14.00
07/31/00 8:57 a.m. 40 minutes $14.00
08/10/00 3:25 p.m. 15 minutes $5.25
08/15/00 9:19 a.m. 50 minutes $17.50
08/18/00 9:03 a.m. 45 minutes $15.75
08/25/00 3:40 p.m. 20 minutes $7.00
08/30/00 3:30 p.m. 10 minutes $3.50
09/06/00 8:34 a.m. 15 minutes $5.25
09/11/00 3:44 p.m. 15 minutes $5.25
09/28/00 8:50 a.m. 30 minutes $10.50
10/16/00 8:44 a.m. 25 minutes $8.75
Total $306.25
a. Financial gain based on minutes not on -site multiplied by Keeney's salary of $
.35 per minute.
b. Keeney did not have any reported leave usage during the dates listed in this
finding.
The following findings relate to Keeney's receipt of concrete from a supplier at the
job site where he served as inspector.
67. Between October and November 1999 Keeney was the construction inspector for a
DGS project in LaPorte, PA.
a. American Plumbing and Petroleum Services served as the contractor on this
project.
b. American Plumbing and Petroleum was responsible for providing all needed
concrete as part of the project.
1. Unused concrete was the property of American Plumbing and
Petroleum.
2. American Plumbing and Petroleum obtained its needed concrete from
State Aggregates, Inc., Towanda, PA.
68. Concrete for the LaPorte project purchased from State Aggregates, Inc., was delivered
to the job site.
Keeney 00- 080 -C2
Page 17
a. Unused concrete had to be disposed of off -site.
b. John Strope was one of the drivers employed by State Aggregates to deliver
concrete to the jobsite.
c. Strope delivered at least one yard of concrete to Keeney's property as part of
this project.
1. Keeney discussed with Strope his desire to have any excess concrete
delivered to his property.
2. Keeney spread the concrete on his driveway during his regular working
hours.
69. The concrete received by Keeney had a value of $70.00 per yard.
a. Keeney did not pay American Plumbing and Petroleum for this material.
70. Keeney was able to receive the extra concrete only as a result of his employment with
DGS as a construction inspector.
71. Keeney admitted to his supervisor, DGS construction manager Albert Brennan his
receipt of the concrete.
72. On December 4, 2000, Keeney received verbal notification from the Department of
General Services, Office of Personnel, that he was suspended without pay as a
Building Construction Inspector.
73. On December 7, 2000, Keeney received written notification from John R. McCarty,
Deputy Secretary for Administration, DGS of the following allegations being reviewed
against him as part of a pre - disciplinary conference scheduled for December 13, 2000:
• Violation of the Governor's Code of Conduct. Specifically, in the fall of 1999, while
working at a DGS construction site on which you had oversight responsibility, you
directed a material supplier to deliver concrete to your private residence. At the time
of the delivery you abandoned the construction site under your responsibility.
• Inconsistencies /improprieties concerning the use of the Commonwealth vehicle,
credit card and fuel purchases.
• Failure to be at your assigned work location during your assigned work hours.
• Failure to follow proper procedures and perform job duties with regard to completion
of automotive reports and daily construction reports.
• Failure to report damage sustained to your assigned Commonwealth vehicle.
74. A Pre - Disciplinary Conference was scheduled for December 13, 2000, at 10:00 a.m. at
the Bureau of Construction Eastern Regional Office, Kemp Building, Kutztown
University, Kutztown, PA.
75. On December 14, 2000, Keeney received written notification from Gregory Green,
Director of Personnel, informing Keeney of a rescheduling of his predisciplinary
conference to December 21, 2000, with the following additional allegations:
• Violation of the Governor's Code of Conduct. Specifically, in the fall of 1999, while
working at a DGS construction site on which you had oversight responsibility, you
Keeney 00- 080 -C2
Page 18
directed a material supplier to deliver concrete to your private residence. At the
time of the delivery you abandoned the construction site under your responsibility.
• Inconsistencies /improprieties concerning the use of the Commonwealth vehicle,
credit card and fuel purchases.
• Failure to be at your assigned work location during your assigned work hours
• Failure to follow proper procedures and perform job duties with regard to completion
of automotive reports and daily construction projects.
• Failure to report damage sustained to your Commonwealth vehicle.
• Failure to properly complete "Statement of Financial Interest" and supplemental
employment regarding self - storage and a lease with PENNDOT. (This allegation
was not listed in the letter dated December 7, 2000)
76. Keeney resigned his employment with the Commonwealth effective December 4, 2000,
without responding to the allegations made against him.
77. During the periods from 1997 through 2000 when he was filing deficient Statements of
Financial Interests or failing to file, Keeney received annual salaries as follows from
DGS:
1997 $36,447.37
1998 $38,430.45
1999 $39,778.90
2000 $40,710.40
78. Keeney realized a private pecuniary benefit of $1,145.95 as a result of using the
voyager credit cared [sic] for personal uses and not being at his assigned work sites.
a. Excess fuel purchases: $50.18
b. Purchase of kerosene with the voyager card: $23.00
c. Gasoline purchase May 2, 2000: $24.01
d. Fueling at times when he was required to be at work sites:
1. Pikes Creek $ 52.50
2. Fueling in New Albany: $ 375.53
3. Fueling other location: $ 236.95
4. Fueling in Meshoppen: $ 31.50
5. Fueling at Great Bend: $ 306.25
Total $ 1,076.92
e. Concrete from job site: $ 70.00
Total $1,146.92
III. DISCUSSION:
Keeney 00- 080 -C2
Page 19
At all times relevant to this matter, the Respondent, Joseph Keeney, hereinafter
Keeney, has been a public official and public employee subject to the provisions of the Public
Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401, et seq., as
codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65
Pa.C.S. §1101 et seq., which Acts are referred to herein as the "Ethics Act."
The allegations are that Keeney violated Sections 3(a)/1103(a), 4(a)/1104(a) and
5/1105 of the Ethics Act when he obtained concrete from a vendor working on ajob site where
he served as a Construction Inspector; when he failed to file Statements of Financial Interests
for the 1999 and 2000 calendar years as a Councilman for New Albany Borough; when he
failed to file a Statement of Financial Interests with DGS for the 2000 calendar year as a
former employee, and when he failed to report on Statements of Financial Interests for the
1999 calendar year income from rental properties and Shady Nook Restaurant, office or
directorship business interests in a self- storage rental facility owned by him, and real estate
leased or sold to the Commonwealth; when he failed to disclose on Statements of Financial
Interests filed with DGS for the 1999 calendar year his position as a member of New Albany
Borough Council; when he claimed compensation for hours not worked in his capacity as
Construction Inspector; and when he used a Commonwealth assigned vehicle and a voyager
credit card for his personal use.
Pursuant to Section 3(a)/1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest.
The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows:
§211102. Definitions
"Conflict" or "conflict of interest." Use by a public official
or public employee of the authority of his office or employment or
any confidential information received through his holding public
f
of ce or employment for the private pecuniary benefit of himself,
a member of his immediate family or a business with which he or
a member of his immediate family is associated. "Conflict" or
"conflict of interest" does not include an action having a de
minimis economic impact or which affects to the same degree a
class consisting of the general public or a subclass consisting of
an industry, occupation or other group which includes the public
official or public employee, a member of his immediate family or a
business with which he or a member of his immediate family is
associated.
65 P.S. §402/65 Pa.C.S. §1102.
Section 3(a)/1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by holding
such a public position for the private pecuniary benefit of the public official /public employee
himself, any member of his immediate family, or a business with which he or a member of his
immediate family is associated.
Section 4(a)/1104(a) of the Ethics Act requires that each public official /public employee
must file a Statement of Financial Interests for the preceding calendar year, each year that he
holds the position and the year after he leaves it.
§411104. Statement of financial interests required to be
filed
(a) Public official or public employee. - -Each public
Keeney 00- 080 -C2
Page 20
official of the Commonwealth shall file a statement of financial
interests for the preceding calendar year with the commission no
later than May 1 of each year that he holds such a position and
of the year after he leaves such a position. Each public employee
and public official of the Commonwealth shall file a statement of
financial interests for the preceding calendar year with the
department, agency, body or bureau in which he is employed or
to which he is appointed or elected no later than May 1 of each
year that he holds such a position and of the year after he leaves
such a position. Any other public employee or public official shall
file a statement of financial interests with the governing authority
of the political subdivision by which he is employed or within
which he is appointed or elected no later than May 1 of each year
that he holds such a position and of the year after he leaves such
a position. Persons who are full -time or part -time solicitors for
political subdivisions are required to file under this section.
65 P.S. §404/65 Pa.C.S. §1104(a).
The pertinent provisions of Section 5/1105 which set forth the disclosure requirements
applicable to this case are as follows:
§ 511105. Statement of financial interests
(a) Form. —The statement of financial interests filed pursuant to
this chapter shall be on a form prescribed by the commission. All
information requested on the statement shall be provided to the
best of the knowledge, information and belief of the person
required to file and shall be signed under oath or equivalent
affirmation.
(b) Required information. —The statement shall include the
following information for the prior calendar year with regard to the
person required to file the statement:
(1) Name, address and public position.
(2) Occupation or profession.
(3) Any direct or indirect interest in any real estate
which was sold or leased to the Commonwealth, any of its
agencies or political subdivisions or purchased or leased from the
Commonwealth, any of its agencies or political subdivisions or
which was the subject of any condemnation proceedings by the
Commonwealth, any of its agencies or political subdivisions.
(4) The name and address of each creditor to whom is
owed in excess of $5,000/$6,500 and the interest rate thereon.
However, loans or credit extended between members of the
immediate family and mortgages securing real property which is
the principal or secondary residence of the person filing shall not
be included.
(5) The name and address of any direct or indirect
source of income totaling in the aggregate $1,000/$1,300 or
more. However, this provision shall not be construed to require
the divulgence of confidential information protected by statute or
Keeney 00- 080 -C2
Page 21
existing professional codes of ethics or common law privileges.
(6) The name and address of the source and the
amount of any gift or gifts valued in the aggregate at $200/$250
or more and the circumstances of each gift. This paragraph shall
not apply to a gift or gifts received from a spouse, parent, parent
by marriage, sibling, child, grandchild, other family member or
friend when the circumstances make it clear that the motivation
for the action was a personal or family relationship. However, for
the purposes of this paragraph, the term "friend" shall not include
a registered lobbyist or an employee of a registered lobbyist.
(7) The name and address of the source and the
amount of any payment for or reimbursement of actual expenses
for transportation and lodging or hospitality received in
connection with public office or employment where such actual
expenses for transportation and lodging or hospitality exceed
$500/$650 in the course of a single occurrence. This paragraph
shall not apply to expenses reimbursed by a governmental body
or to expenses reimbursed by an organization or association of
public officials or employees of political subdivisions which the
public official or employee serves in an official capacity.
(8) Any office, directorship or employment of any
nature whatsoever in any business entity.
(9) Any financial interest in any legal entity engaged in
business for profit.
(10) The identity of any financial interest in a business
with which the reporting person is or has been associated in the
preceding calendar year which has been transferred to a member
of the reporting person's immediate family.
65 P.S. § 405(a), (b)(1)- (10)/65 Pa.C.S. § 1105(a),(b)(1) -(10).
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are reproduced above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Keeney was employed by the Commonwealth of Pennsylvania in the Eastern Regional
Office of the Department of General Services ( "DGS ") from July 1983 to December 2000. In
addition, Keeney served as a member of the New Albany Borough Council (Council) from
January 1999 until his resignation, effective July 1, 2000.
Although Keeney was required by DGS to submit a request for supplemental
employment, he did not do so until four months after he filled a vacancy on New Albany
Borough Council. DGS denied Keeney's request because of his civil service status but he
ignored the DGS directive and continued to serve on Council for an additional year. When
Keeney finally resigned from Council in July of 2000, he claimed that he took such action
based upon a decision of this Commission. However, this Commission did not issue any
ruling to Keeney.
When Keeney filed his Financial Interests Statement (FIS) for the 1999 calendar year
with DGS, he failed to disclose his position on Council. Such nondisclosure was an effort by
Keeney to conceal his service on Council, given the DGS directive that such position would
conflict with his civil service status. Further, Keeney failed to file his 2000 calendar year FIS
Keeney 00- 080 -C2
Page 22
after terminating his employment with DGS in that year. Subsequently, the Administrative
Division of this Commission gave Keeney notice of the delinquency but Keeney nevertheless
continued in noncompliance. For New Albany Borough, Keeney filed an FIS for the 1998
calendar year but did not disclose CNN Bank as a creditor. Further, Keeney did not file FIS's
with the Borough for the calendar years 1999 and 2000, the latter being for the year in which
he left his position.
Keeney and his spouse have various private business interests including the New
Maple Leaf Inn, Keeney's Self- Storage, Shady Nook Restaurant, and rental properties in New
Albany. Keeney did not file a supplemental employment request with DGS seeking approval
to operate or work at the New Maple Leaf Inn but did obtain approval to do maintenance work
at the Shady Nook Restaurant. Keeney did not seek supplemental employment approval as to
his interests in Keeney's Self- Storage, the New Maple Leaf Inn or a year lease agreement of
land to PennDOT. Keeney also failed to disclose the lease interest with the Commonwealth
on his 1999 calendar year FIS filed with DGS.
While an employee at DGS, Keeney received a Commonwealth vehicle for official
business. A Commonwealth vehicle is not to be used for personal use or during non - working
hours. Pursuant to Commonwealth Management Directives, Keeney was required to file a
monthly Automotive Activity Report which included inter alia daily starting mileage and
locations traveled. Keeney also received a Commonwealth Voyager Fleet gasoline card which
was to be used exclusively for refueling and emergency repairs of his Commonwealth vehicle.
As to the issues of Keeney's use of a Commonwealth vehicle, gasoline credit card or
work time for personal purposes, the Stipulation of Findings in some instances provides
individualized breakdowns of such activities while in other instances groups such activities
together. We shall track such findings both in our continuation of the summary of the facts
and analysis as set forth below.
Although the Commonwealth vehicle assigned to Keeney had a gasoline tank with a
capacity of 15.2 gallons, Keeney charged gasoline purchases, as listed in Fact Finding 38,
that exceeded the capacity of the vehicle gasoline tank. The extra gasoline that Keeney
charged was p laced into five gallon cans. It is stipulated that Keeney used the Voyager Fleet
gasoline card to obtain a private pecuniary benefit of $50.18 as to such personal gasoline
purchases that were charged to the Commonwealth between August 1999 and September
2000.
Keeney also used his Commonwealth Voyager Fleet gasoline card to purchase 17.3
gallons of kerosene that totaled $23.00. Keeney was not required to purchase kerosene for
any job related duties. Obviously, Keeney's Commonwealth vehicle used gasoline but not
kerosene as fuel.
Keeney used the Commonwealth Voyager Fleet gasoline card on May 2, 2000, when
he took personal leave for 7.5 hours and purchased 15.49 gallons of super unleaded gasoline
at a cost of $24.01. However, Keeney's Commonwealth vehicle had a fuel tank capacity of
15.2 gallons and ran on regular unleaded gasoline.
There were several instances of purchases of gasoline by Keeney using the
Commonwealth Voyager Fleet gasoline card on dates when the entered mileage differed from
the recorded mileage on his monthly automotive reports. See, Fact Finding 48. The record
also reflects that Keeney used the Voyager Fleet gasoline card to purchase gasoline at
locations other than his assigned worksites, as reflected in the gasoline receipts and invoices.
See, Fact Finding 50.
On May 10, 2000, Keeney did not work a full 7.5 hour day and consequently obtained
a private pecuniary benefit of $52.50 for the 2 1/2 hours for which he was paid but did not work.
There were also instances when Keeney sought to include travel time to various locations
even though he was not entitled to do so in that such job sites were less than 25 miles away
Keeney 00- 080 -C2
Page 23
from his residence and consequently such travel time was not part of his 7.5 hour workday.
See, Fact Findings 54, 55. There were also instances, as confirmed by gasoline receipts, that
Keeney filled his State vehicle with gasoline in his hometown of New Albany during hours
when he should have been enroute or at an assigned DGS site. See, Fact Finding 57.
Keeney received a private pecuniary benefit of $375.53 for times when he arrived late
or left early from DGS worksites during the period from August 1999 to January 2000. See,
Fact Finding 58. In addition, Voyager Fleet gasoline card invoices and receipts reflect dates
and times when Keeney purchased fuel for his Commonwealth vehicle at times when he
should have been at a worksite. See, Fact Finding 62. Keeney received a private pecuniary
benefit of $236.95 when he received compensation for working late or leaving early during the
period from February to October of 2000. See, Fact Finding 60.
In a separate instance, Keeney's Voyager Fleet gasoline card reflects that he filled his
Commonwealth car in Meshoppen, PA when he should have been at an assigned DGS site in
Clarks Summit. Kenney received a private pecuniary benefit of $31.50 in compensation from
the Commonwealth for time he did not work in that instance. See, Fact Findings 62, 63.
Voyager Fleet gasoline card records reflect that Keeney fueled his Commonwealth vehicle at
locations other than assigned DGS job sites. See, Fact Finding 65. For such activity, Keeney
received a private pecuniary benefit of $306.25. See, Fact Finding 66.
In October /November of 1999, Keeney was the DGS Construction Inspector for a
project in Laporte where American Plumbing and Petroleum served as the contractor for the
project. Because there was a certain amount of unused concrete at the site, Keeney directed
State Aggregates Inc., the firm that sold and delivered the concrete, to have the excess
delivered to his property where Keeney spread the concrete on his driveway. Keeney was
able to receive the excess concrete by virtue of his position as a DGS Construction Inspector.
This occurred during Keeney's regular working hours. The concrete had a value of $70.00
per yard.
In December of 2000, Keeney received notice that he was suspended from his DGS
position without pay pending review of certain specified charges: violations of the Governor's
Code of Conduct, inconsistencies and improprieties regarding use of his Commonwealth
vehicle credit card and fuel purchases, absence from work locations during assigned work
hours, failure to follow proper procedures and duties regarding completion of reports, and
failure to report damage sustained to a Commonwealth vehicle. A predisciplinary conference
was scheduled but Keeney resigned effective December 4, 2000, without responding to the
allegations made against him.
The record, as per the stipulation of facts by the parties, reflects that Keeney received a
private pecuniary benefit of $1,146.92 (our computation for the total is $1,169.92) as to the
Commonwealth Voyager fleet gasoline card for personal use, his compensation for absences
at assigned worksites and concrete from a job site. See, Fact Finding 78.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations:
a. A violation of Section 1104(a) of the Ethics Act when Keeney, as a former employee,
failed to timely file an FIS with the DGS for the 2000 calendar year.
b. A violation of Section 1104 of the Ethics Act when Keeney failed to timely file FIS's for
the 1999 and 2000 calendar years as a Councilman for New Albany Borough.
c. A violation of Section 1105 of the Ethics Act when Keeney failed to report on his FIS
with DGS for the 1999 calendar year certain rental income, business income, and
business interests including a real estate lease with the PA Department of
Keeney 00- 080 -C2
Page 24
Transportation.
d. A violation of Section 1105 of the Ethics Act where Keeney omitted, from his calendar
year 1999 FIS filed with the DGS, his public position as a member of New Albany
Borough Council.
e. Violations of Section 3(a) of the Ethics Act when Keeney obtained concrete from a
vendor on a Commonwealth job site for his personal use; where he used a
Commonwealth assigned vehicle and voyager credit card for his personal use; and
when he submitted inaccurate time sheets for compensation in excess of hours
actually worked as a Building Construction Inspector.
f. Keeney agrees to make payment in the amount of $1,600.00.
In applying Section 3(a)/1103(a) of the Ethics Act in the instant matter, there were uses
of authority of office by Keeney as a public employee. But for the fact that Keeney was a
inspector in DGS, he would not have been in a position to use his employment as a means of
obtaining concrete from the Commonwealth jobsite. In addition, by virtue of his employment
with DGS, he was able to utilize the Commonwealth assigned vehicle and credit card for
personal uses. By virtue of his DGS employment, Keeney was able to submit inaccurate
timesheets for compensation in excess of the hours actually worked as a Building
Construction Inspector. Such uses of authority of office resulted in private pecuniary benefits
consisting of the concrete that was paid by the Commonwealth but utilized by Keeney in his
driveway at his personal residence. Further, Keeney utilized the assigned Commonwealth
vehicle for purposes other than Commonwealth business and also utilized the Commonwealth
credit card for personal expenses thereby generating private pecuniary benefits to himself in
that he did not have out of pocket payments. Finally, Keeney received private pecuniary
benefits to the extent that he was compensated for time that he did not work as a Building
Construction Inspector. These private pecuniary benefits inured to Keeney individually.
Consequently, Keeney violated Section 3 (a)/1103(a) of the Ethics Act in each instance
when he obtained concrete from a Commonwealth vendor that he used for personal purposes;
utilized the Commonwealth assigned vehicle and Commonwealth credit card for personal
uses; and received compensation in excess of hours actually worked as a Building
Construction Inspector. Our decision is consistent with prior Commission precedent that
public officials /public employees cannot use Commonwealth property, equipment, personnel,
and facilities for reelection, business or other nongovernmental purposes. See, Friend, Order
800; Metrick, Order 1037; Rakowsky, Order 943.
Turning to the FIS allegations, both as to Keeney's position with DGS as well as with
New Albany Borough, the record reflects instances where either Keeney failed to file an FIS
for a given calendar year or filed a deficient FIS form by failing to disclose certain financial
interests.
As a Councilman in New Albany Borough, Keeney failed to file FIS's for the calendar
years 1999 and 2000. In that Keeney as a public official and then as a former public official
was required to file for those two years and the stipulated facts reflect that he failed to so file,
Keeney violated Section 4/1104 of the Ethics Act when he failed to timely file FIS's with New
Albany Borough for the calendar years 1999 and 2000.
As a public employee in DGS, Keeney failed to disclose his public position as a
Councilman with New Albany Borough for the calendar year 1999. Since Keeney was
required to list his position and the stipulated facts reflect that he failed to do so, Keeney
violated Section 5/1105 of the Ethics Act when he failed to list his position as a Councilman of
New Albany Borough for the 1999 calendar year FIS that he filed with DGS.
Per the stipulated facts, Keeney also failed to list on his 1999 calendar year FIS
various rental income business income, and business interests including real estate leased to
Keeney 00- 080 -C2
Page 25
PennDOT. Accordingly, Keeney violated Section 5/1105 of the Ethics Act when he failed to
disclose on his 1999 calendar year FIS various rental income, business income, and business
interests including a real estate lease with PennDOT.
Finally, in that Keeney left Commonwealth employment in December of 2000, he was
required to file an FIS for that calendar year. Since the stipulated facts reflect that Keeney
failed to so file, he violated Section 4(a)/1104(a) of the Ethics Act when he as a former DGS
employee failed to file a 2000 calendar year FIS with DGS.
We determine that the Consent Agreement submitted by the parties sets forth the
proper disposition for this case, based upon our review as reflected in the above analysis and
the totality of the facts and circumstances. Accordingly, Keeney agrees to make payment in
the amount of $1,600.00 in settlement of this matter. Said amount to be payable to the
Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission
within thirty (30) days of the mailing date of this adjudication. In addition, if Keeney has not
already done so, he is directed within 30 days of the date of mailing of this order to file a 2000
calendar year FIS with DGS and 1999 and 2000 calendar year FIS's with New Albany
Borough with copies to this Commission for compliance verification purposes. Compliance
with the foregoing will result in the closing of this case with no further action by this
Commission. Noncompliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
1. Keeney, as a Building Construction Inspector in the Department of General Services,
was a public employee subject to the provisions of Act 9 of 1989 as codified by Act 93
of 1998.
2. Keeney, as a Councilman for New Albany Borough, was a public official subject to the
provisions of Act 9 of 1989 as codified by Act 93 of 1998.
3. Keeney violated Section 4(a)/1104(a) of the Ethics Act when he as a former employee
failed to timely file a Statement of Financial Interests with the Department of General
Services for the 2000 calendar year.
4. Keeney violated Section 4/1104 of the Ethics Act when he failed to timely file
Statements of Financial Interests for the 1999 and 2000 calendar years as a New
Albany Borough Councilman.
5. Keeney violated Section 5/1105 of the Ethics Act when he failed to report on his
Statement of Financial Interests filed with the Department of General Services for the
1999 calendar year certain rental income, business income, and business interests
including a real estate lease with the PA Department of Transportation.
6. Keeney violated Section 5/1105 of the Ethics Act where he omitted from his calendar
year 1999 Statements of Financial Interests filed with the Department of General
Services his public position as a member of New Albany Borough.
7. Keeney committed violations of Section 3(a)/1103(a) of the Ethics Act in each instance
when he obtained concrete from a vendor on a Commonwealth job site for his personal
use; when he used a Commonwealth assigned vehicle and voyager credit card for his
personal use; and when he submitted inaccurate time sheets for compensation in
excess of hours actually worked as a Building Construction Inspector.
In Re: Joseph E. Keeney
ORDER NO. 1243
File Docket: 00- 080 -C2
Date Decided: 9/4/02
Date Mailed: 9/25/02
1. Keeney, as a Building Construction Inspector with the Department of General
Services, violated Section 4(a)/1104(a) of the Ethics Act when he as a former
employee failed to timely file a Statement of Financial Interests with the Department of
General Services for the 2000 calendar year.
2. Keeney, as a New Albany Borough Councilman, violated Section 4/1104 of the Ethics
Act when he failed to timely file Statements of Financial Interests for the 1999 and
2000 calendar years.
3. Keeney violated Section 5/1105 of the Ethics Act when he failed to report on his
Statement of Financial Interests filed with the Department of General Services for the
1999 calendar year certain rental income, business income, and business interests
including a real estate lease with the PA Department of Transportation.
4. Keeney violated Section 5/1105 of the Ethics Act where he omitted his public position
as a member of New Albany Borough from his calendar year 1999 Statements of
Financial Interests filed with the Department of General Services.
5. Keeney committed violations of Section 3(a)/1103(a) of the Ethics Act in each instance
when he obtained concrete from a vendor on a Commonwealth job site for his personal
use; when he used a Commonwealth assigned vehicle and voyager credit card for his
personal use; and when he submitted inaccurate time sheets for compensation in
excess of hours actually worked as a Building Construction Inspector.
6. Per the Consent Agreement of the parties, Keeney agrees to make payment in the
amount of $1,600.00 in settlement of this matter. Said amount to be payable to the
Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics
Commission within thirty (30) days of the issuance of the final adjudication in this
matter. In addition, if Keeney has not already done so, he is directed within 30 days of
the date of mailing of this order to file a 2000 calendar year FIS with DGS and 1999
and 2000 calendar year FIS's with New Albany Borough with copies to this
Commission for compliance verification purposes.
a. Compliance with the foregoing will result in the closing of this case with no
further action by this Commission.
b. Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair
Keeney 00- 080 -C2
Page 27