Loading...
HomeMy WebLinkAbout1247 ChristIn Re: Donald M. Christ 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 01- 047 -C2 Order No. 1247 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 not filed and a hearing was deemed 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 Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending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. Christ 01- 047 -C2 Page 2 I. ALLEGATION: That Donald Christ, a public official in his capacity as a Supervisor for Lynn Township, Lehigh County, violated Sections 3(a)/1103(a), 5(b)(4)/1105 (b)(4), and 5(b)(2), (5), (8), and (9)/1105(b)(2), (5), (8), and (9) of the Ethics Act when he used the authority of his office for a private pecuniary benefit when he submitted for compensation duties performed in his capacity as a township supervisor, including but not limited to attending township workshops, meeting with the township solicitor, regional police meetings, regional planning committee meetings, and subsequently participated in actions of the board to approve these payments; when he participated in approving compensation for members of the Lynn Township Sewer Authority while he was serving as a member of the authority; when he authorized the hiring of his son for a part -time position with the township sewer authority; when he failed to disclose creditors in excess of $6,500.00 on Statements of Financial Interests filed for the 199 calendar year; and when he failed to disclose office, directorship or employment and financial interest in Donald Christ Barber Shop for calendar years 1997 and 1998. II. FINDINGS: 1. Donald Christ has served as a Lynn Township Supervisor since his appointment on October 8, 1992, to fill an unexpired term. a. Christ was elected in 1993 to a full term and re- elected in 1999. 2. Christ has served as a member of the Lynn Township Sewer Authority since April 6, 1995. a. The Sewer Authority was operated by the township prior to becoming a separate operating authority in 1995. b. Christ was reappointed to the authority board January 4, 1999, by the Lynn Township Board of Supervisors. c. Christ did not participate as a township supervisor in either vote appointing him to the authority. 3. Prior to his election to the board of supervisors in 1992, Christ was employed by the township as sewer plant operator. a. In 1995 when the township formed the authority, Christ became an employee of the authority. 4. Christ also has been employed by Lynn Township as a township roadmaster and laborer. a. Christ served as roadmaster from January 1995 until October 2000. 5. From 1997 through 2000 all three members of the Lynn Township Board of Supervisors have served as township roadmasters. a. During reorganization meetings of the board of supervisors held on January 6, 1997; January 5, 1998; January 4, 1999; and January 4, 2000; all three supervisors were appointed roadmasters. 6. On May 30, 1996, Christ solicited an advisory ruling from the State Ethics Commission Legal Division regarding his service as township supervisor and simultaneous employment with the township. Christ 01- 047 -C2 Page 3 a. Christ's advice request stated as follows: "Issue: Under the new Second Class Township Code would the laws restrict Mr. Christ from being Chairman of the Board of Supervisors and Chairman of the Sewer Authority? The Sewer Authority is an active, working, independent entity from the Township. A question arises whether Mr. Christ can remain a full time employee of the Township and have the Sewer Authority reimburse the Township for Mr. Christ's hours worked. Payment from the Authority includes hourly wage, plus all benefits including pension. The Sewer Authority spoke with the remaining two members of the Board who were in agreement with this work schedule as long as no Township funds were used to reimburse for time spent on Authority work. It was also brought to the attention of the elected Auditors of Lynn Township who were in agreement as well under the same terms." 7. On June 18, 1996, Advice of Counsel, No. 96 -570 from the State Ethics Commission Legal Division was issued to Christ relating to his service as Chairman of the Lynn Township Board of Supervisors and Lynn Township Sewer Authority while simultaneously being employed as the township roadmaster and sewer plant relief operator: "As Chairman of the Board of Supervisors for Lynn Township, you are a public official subject to the provisions of the Ethics Law. As a member or Chairman of the Lynn Township Sewer Authority, you would also be considered a "public official" subject to the Ethics Law. As a public official, you may, consistent with Section 3(a) of the Ethics Law, simultaneously serve in the aforesaid positions subject to the restrictions, conditions and qualifications set forth above. Pursuant to Section 3(a), you may not use the authority of either of these aforesaid public offices for a private pecuniary benefit, either for yourself, a member of your immediate family, or a business with which you or a member of your immediate family is associated. In each instance of a conflict of interest, you would be required to abstain fully and to fully satisfy the disclosure requirements of Section 3(j) as set forth above. Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Law." 8. During annual reorganization meetings, the Lynn Township Board of Auditors discussed supervisors' compensation and the various positions held by Donald Christ. a. January 7, 1997: The auditors reviewed Christ's advice request to the Ethics Commission and the Commission's Advice No. 96 -570 and determined that financial reimbursement to Christ could continue as in previous years. Supervisors requested approval to be reimbursed for non -road work related duties associated with running the township, such as (but not limited to) paperwork, meeting with local school district or adjoining township officials to solve common problems. The auditors approved providing there was no conflict with the Second Class Township Code and that the proper documentation be provided. b. January 6, 1998: The auditors determined that Supervisors may be reimbursed for non -road work related duties associated with running the township such as (but not limited to) Christ 01- 047 -C2 Page 4 meeting with the local school district, EIT office or adjoining township officials to solve common problems, etc. with proper documentation provided. c. January 5, 1999: Supervisors may be reimbursed for non -road work related duties associated with running the township such as (but not limited to) meeting with local school district, EIT office, or adjoining township officials with proper documentation provided." d. January 5, 2000: Supervisors may be reimbursed for non -road work related duties associated with running the township such as (but not limited to) meeting with the local school district, EIT office or adjoining township officials with proper documentation provided. 9. The board of auditors annually set a rate of pay for supervisors employed by the township, including Christ, as follows: Date Rate 01/07/97 $12.75 01/06/98 $13.25 01/05/99 $13.75 01/05/00 $14.25 01/03/01 $14.75 10. Questions regarding compensation received by Christ and his various positions were raised during supervisor meetings during 2000. a. The questions concerned Christ being on the township payroll while simultaneously working for the authority. 11. The township received correspondence dated July 21, 2000, from Holly M. Hood, research analyst for the State Association of Township Supervisors to Charles Lenhart, Lynn Township Supervisor, relating to whether a township supervisor who is employed by the township may receive compensation as an employee for attending a meeting of the board of supervisors. a. Hood responded that "if a township supervisor- employee attends any meeting that has to do with the supervisor's duties as a supervisor and not his duties as an employee, the supervisor may only receive compensation as a supervisor and not as an employee." b. Hood's letter also opined that only township supervisors employed by the township are eligible to participate in the township pension plan. 12. Christ was removed as roadmaster by the board of supervisors at the Supervisor's October 5, 2000, meeting. a. Charles E. Lenhart, III, made a motion to remove Donald M. Christ as roadmaster. Janice M. Schaeffer questioned if the motion could be amended. Attorney Healy stated no. Janice M. Schaeffer seconded the motion. (No vote recorded). Public Comment: Ms. Martin asked since the removal of Donald Christ as Roadmaster, whether Attorney Healy would have a run down on how Mr. Christ Christ 01- 047 -C2 Page 5 will be getting paid since it was effective immediately and what the difference was between a working and non - working supervisor and roadmaster. Attorney Healy explained he would not be doing any research unless directed by the Board. 13. The township solicited advice from the Pennsylvania State Association of Township Supervisors (PSATS) regarding what capacities a supervisor can be employed by the township. 14. Correspondence dated October 11, 2000, from Marian M. Nailor, Director of Township Services PSATS to Supervisor Jan Schaeffer, Lynn Township advised as follows: a. The Township Code states that a supervisor may be employed in any capacity not prohibited by the Code or any other law. A supervisor may not be employed as township manager, township police officer or zoning officer. b. Supervisors are employed by majority action of the board of supervisors. This Job title and description of duties of the position should be presented to the board of auditors, who are charged with setting the compensation for the supervisor /employee position. c. A meeting of the board of supervisors would be one that is advertised and open for public attendance at which the supervisors conduct the business of the township, i.e. regular township meetings. Generally, supervisors are compensated for their attendance at so much per meeting or a flat salary per year for the elected office, and they may not be compensated as employees for attending public township meetings. d. When supervisors are employed by the township, they must be aware of which "hat" they are wearing, that of a supervisor or that of an employee. When wearing the supervisor hat, they cannot be compensated as an employee: attending public meetings of the board of supervisors; meeting with the township solicitor, school district or EIT officers on matters of the township which are not related to the employee position. Here again, a good job description for the position is necessary. e. A supervisor may be employed by an authority and receive compensation as an employee for work for the authority. 15. On November 8, 2000, Township Solicitor Edmund J. Healy provided the Board of Supervisors with a written opinion regarding compensation received by Christ for the following: a. Advertised workshop meetings; EIT meetings; meeting preparation; regional planning; regional police; Six Township meetings; meetings with solicitor; meeting with school district; miscellaneous work. b. Healy's opinion determined that Christ could not get compensated for any of the items in question with the exception of regional planning and regional police meetings. c. Healy's premise on regional planning and regional police meetings was that Christ did not have to be a township supervisor to attend and could report back to the board of supervisors as any township employee could. 1. Other township employees were not designated to attend these meetings. Christ 01- 047 -C2 Page 6 16. Subsequent to the various opinions obtained by the township in 2000, job descriptions for township positions of Director of Operations, Manager of Public Works, Roadmaster /Superintendent and Roadmaster- foreman were created by the Board of Supervisors to address the compensation issue and the various duties performed by members of the board. a. Job descriptions were approved by the Lynn Township Board of Supervisors during their January 2, 2001, meeting. b. Christ was present at this meeting and participated in the review and the unanimous approval of the job descriptions. c. Christ was appointed Director of Operations during this meeting. 17. The job description for the Director of Operations includes the position's primary function and major duties and responsibilities. a. This job description was structured around duties already being performed for the township by Christ. b. The primary function of the Director of Operations is to serve as a DEP licensed operator to the Lynn Township Sewer Authority Wastewater Treatment plant. Coordinate decisions to manage township and authority business. Be the liaison between township planning commission, sewer authority, recreation advisory committee and township engineer to coordinate planning and facilitate projects. Represent Lynn Township and authority at various meetings, excluding meetings of the elected board of supervisors. Ensure sound fiscal management to secure the health, safety and welfare of the citizens of the township. c. Major duties and responsibilities for the Director of Operations include: Observe roads, bridges, parks, buildings and facilities to prioritize projects. Coordinate the planning and completion estimates of projects Function as grants and special projects coordinator; including Onteaunee Park Project Coordinate the crews, resources, equipment and materials to expedite the project work Monitor water, sewer and wastewater concerns; flooding damage /cleanup Monitor the purchase of materials needed to complete projects Recommend purchase of equipment as needed Participate in township zoning and planning sensitive to designated areas for functional use Monitor aesthetics such as trees, shrubs, parking, buildings and equipment for construction of parks, including Onteaunee Park Project. Compile and submit cost estimates required for the preparation of departmental capital and Operational Budget Formulate policies and procedures for carrying out the duties of township personnel Respond to concerns and suggestions from township residents and businesses Contact legislators and negotiate best interest of township in public decisions and projects Work with consultants to develop and secure contracts for Township and Authority services 18. The Lynn Township Board of Auditors reviewed the job descriptions during their Christ 01- 047 -C2 Page 7 January 3, 2001, reorganization meeting. a. The board of auditors set wages for each position. b. Supervisor Christ was authorized to be compensated as the Director of Operations at the rate of $14.75 /hour. c. Supervisor Schaeffer was authorized to be compensated as Manager of Public Works. d. Supervisor Lenhart was authorized to be compensated as roadmaster. 19. Christ's working hours were split between the township's road department and sewer plant. a. The majority of Christ's time was spent working as the sewer plant operator. b. Christ's wages were paid to him directly from the township payroll account allowing him to participate in the township pension plan along with other township employees. c. The sewer authority reimburses the township the wages paid Christ for the hours he is working at the sewer plant. d. In addition to payroll reports, Christ would fill out and submit a daily timesheet detailing hours worked and duties performed. 1. Completed timesheets are turned in to the township secretary to generate monthly payroll reports. 2. Christ signed his timesheets on the line requiring the employee's signature. 20. In addition to performing road department and sewer plant operator functions, Christ attended various meetings for which he was compensated at the rate set by the township auditors for the position of Director of Operations. a. Christ would list these hours on his daily timesheets. b. These meetings for which Christ was compensated were related to his duties as a township supervisor. c. Christ would attend these meetings as part of his normal forty hour work week. 21. Daily timesheets completed by Christ detail days and hours when Christ claimed supervisory duties as hours worked. Date Hours Worked Detailed Duties 01/13/97 8.0 Six Township Meeting 02/06/97 2.0 Township Meeting Preparation 02/19/97 3.5 Parrier Meeting 03/03/97 2.5 B.O.C.A. Code Workshop 03/06/97 4.0 Prepare for Township Meeting 05/01/97 2.0 Prepare for Township Meeting 05/06/97 2.0 Prepare for Workshop 05/07/97 2.0 Prepare for Workshop Date Hours Worked Detailed Duties Christ 01- 047 -C2 Page 8 05/08/97 2.0 Workshop 05/15/97 1.0 Recreation Meeting 06/05/97 2.0 Township Meeting Preparation 07/03/97 2.0 Preparation for Township Meeting 07/22/97 2.0 Comprehensive Plan Review 08/04/97 3.0 Prepare for Township Meeting 08/22/97 1.0 Workshop 2.0 Prepare for Twp Mtg 09/15/97 3.5 EIT Mtg and Twp Workshop Mtg 10/02/97 2.0 Prepare for Township Meeting 10/13/97 2.5 Six Township Meeting 11/06/97 2.0 Preparations for Township Meeting 11/20/97 1.5 EIT Meeting 12/04/97 2.0 Prepare for Township Meeting 1997: 54.5 hours @ $12.75 per hour = $694.88 Date Hours Worked Detailed Duties 01/14/98 1.0 Ordinance Meeting 01/15/98 1.0 EIT 01/16/98 5.0 Auditors /Lynnport Fire Co. 01/20/98 1.0 EIT 01/26/98 2.5 Six Township Association 01/27/98 2.0 EIT Meeting 01/28/98 1.0 Township Wages 02/02/98 2.0 Workshop 02/05/98 2.0 EIT /Prepare Township Meeting 03/02/98 3.0 Workshop and Recycling Comm. Mtg. 03/03/98 1.0 Prepare for Township Meeting 03/05/98 1.0 Prepare for Township Meeting 03/10/98 1.0 Misc., EIT, Community Map 03/11/98 1.0 Misc., Pension, Comm. Map, Pension Mtg. 03/27/98 1.0 Miscellaneous 04/10/98 1.0 Miscellaneous 04/24/98 1.0 Miscellaneous 04/27/98 1.0 EIT 04/28/98 1.0 Review EIT Letter 04/30/98 1.0 EIT 05/01/98 1.0 EIT 05/04/98 3.0 Township Workshop 05/06/98 2.0 Prepare for Township Meeting 05/14/98 1.0 EIT 05/15/98 8.0 Miscellaneous, insurance meeting 05/18/98 2.75 EIT 05/20/98 1.0 EIT 05/29/98 2.0 EIT - Misc. 06/01/98 3.5 Workshop 06/02/98 .5 EIT 06/04/98 2.0 Prepare for Meeting 06/05/98 1.0 Miscellaneous 06/08/98 3.0 Fink - EIT /County 06/12/98 2.0 Misc., EIT - Prepare agenda for Bachman 06/29/98 2.0 Township Workshop 07/01/98 .5 Sign EIT checks 07/02/98 4.0 Prepare for Bd of Supervisor Mtg and GPU 07/03/98 1.0 Miscellaneous 07/13/98 3.0 Six Township Meeting Christ 01- 047 -C2 Page 9 Date Hours Worked Detailed Duties 07/17/98 1.0 Miscellaneous 07/31/98 1.0 Miscellaneous 08/03/98 2.0 Workshop 2.0 Prepare for Meeting 08/14/98 1.0 Miscellaneous 08/28/98 1.0 Miscellaneous 08/31/98 2.0 Workshop 2.0 Prepare for Meeting 09/11/98 1.0 Miscellaneous 09/21/98 2.0 EIT Meeting 09/25/98 1.0 Miscellaneous 09/28/98 2.0 Workshop Meeting 09/30/98 1.0 Sign Checks - EIT 10/01/98 2.0 Prepare for Township Meeting 10/12/98 2.0 Six Township Meeting 10/26/98 2.0 Board of Supervisors 11/02/98 2.0 Board of supervisor workshop 11/03/98 2.0 EIT items 11/04/98 1.0 EIT items 11/05/98 1.0 Prepare for board of supervisors meeting 11/11/98 1.0 EIT items 11/16/98 1.5 EIT meeting 11/20/98 1.0 Miscellaneous 11/25/98 1.5 Board of supervisors workshop 12/02/98 1.0 Prepare for board of supervisors meeting 12/03/98 2.0 EIT budget 12/04/98 2.0 Miscellaneous 12/07/98 2.5 EIT meeting 12/10/98 1.0 EIT items 12/17/98 2.5 EIT meeting 12/18/98 6.0 Miscellaneous 12/20/98 2.0 Prepare and deliver EIT items 12/23/98 2.5 EIT meeting 12/28/98 1.0 Prepare for close out meeting 12/29/98 0.5 EIT 12/23/98 0.5 EIT 1998: 115.75 hours @ 13.25 hours = $1,533.69 Date Hours Worked Detailed Duties 01/05/99 1.0 EIT Application 01/11/99 3.0 Six Township Association 01/12/99 1.5 EIT 01/14/99 1.0 Meeting 01/22/99 2.0 EIT Contracts 01/25/99 1.0 EIT 01/26/99 1.0 EIT 01/29/99 1.0 Miscellaneous 02/01/99 1.0 Township Workshop 02/04/99 1.0 Prepare for BOS meeting 02/08/99 1.0 EIT Meeting 02/12/99 1.0 Miscellaneous 02/26/99 1.0 Miscellaneous 03/01/99 1.5 Township Workshop 03/04/99 1.0 Prepare BOS Meeting 03/12/99 1.0 Miscellaneous Christ 01- 047 -C2 Page 10 03/26/99 1.0 Miscellaneous Date Hours Worked Detailed Duties 03/29/99 2.0 Township Workshop 04/01/99 1.0 Prepare BOS Meeting 04/09/99 1.0 Miscellaneous 04/14/99 1.0 Health Insurance 04/16/99 2.0 Health Insurance - Misc. 04/19/99 2.5 EIT Meeting 05/03/99 1.5 Township Workshop 05/06/99 1.0 Prepare BOS Meeting 05/07/99 1.0 Miscellaneous 05/10/99 2.0 EIT Meeting 05/25/99 0.5 EIT Sign Checks 05/26/99 0.5 EIT Sign Checks 05/27/99 1.5 Township Workshops 05/28/99 1.0 Miscellaneous 06/03/99 1.0 Prepare for Township Meeting 06/09/99 0.5 Sign EIT Checks 06/11/99 1.0 Miscellaneous 06/14/99 0.5 Water study 06/15/99 0.5 Water study 06/16/99 6.0 Berks Co. Farmland Preservation 06/21/99 0.5 Water study 06/24/99 1.0 Miscellaneous 06/25/99 0.5 Sign EIT checks 06/29/99 1.0 Miscellaneous 07/01/99 1.5 Sign EIT checks 07/05/99 0.5 Prepare for EIT meeting 07/06/99 1.0 EIT Meeting 07/07/99 0.5 Water study 07/12/99 3.0 Six Twp. Assoc. meeting, water study 07/14/99 0.5 Review tower proposal 07/19/99 0.25 Water Study 07/28/99 0.5 Fire ordinance 07/29/99 0.5 EIT Sign Checks 07/30/99 1.0 Miscellaneous 08/02/99 1.0 Township Workshop 08/04/99 1.0 Prepare for Township Meeting 08/09/99 1.0 EIT 08/10/99 1.0 Police Survey 08/20/99 1.0 Miscellaneous 08/30/99 1.0 Township Workshop 09/02/99 1.0 Prepare for Township Meeting 09/03/99 1.0 Miscellaneous 09/23/99 2.0 EIT 09/24/99 1.0 Miscellaneous 09/28/99 1.0 Regional Police Meeting Preparation 10/01/99 2.5 Workshop, miscellaneous 10/04/99 2.0 EIT 10/06/99 1.0 Prepare for EIT Interviews 10/11/99 1.0 EIT Meeting 10/12/99 1.5 Agenda Notes /EIT Meeting 10/15/99 1.0 Miscellaneous 11/01/99 1.0 Workshop 11/05/99 1.0 Miscellaneous 11/10/99 0.5 Township Meeting 11/24/99 2.5 Township Meeting Christ 01- 047 -C2 Page 11 11/26/99 1.0 Miscellaneous 12/01/99 1.5 EIT Date Hours Worked Detailed Duties 12/02/99 1.0 Prepare for Township Meeting 12/08/99 1.5 EIT Meeting 12/10/99 1.0 Miscellaneous 12/14/99 1.5 Regional Police Force 12/22/99 0.5 EIT 12/24/99 1.0 Miscellaneous 1999: 98.25 hours @ $13.75 /hour - $1,350.94 Date Hours Worked Detailed Duties 01/21/00 2.0 Miscellaneous 01/24/00 1.5 EIT Meeting 02/04/00 1.5 Miscellaneous 02/07/00 0.5 Tax Collector - Tyson 02/08/00 1.0 Tax Collector - Tyson 02/18/00 1.0 Miscellaneous 02/28/00 2.0 Workshop 03/01/00 3.0 Police, prepare for township meeting 03/09/00 1.0 EIT Officer 03/10/00 1.0 Miscellaneous 03/13/00 1.5 Interview EIT Officer 03/21/00 2.0 Review Act 319 w /county 03/24/00 1.0 Miscellaneous 03/31/00 1.0 Miscellaneous 04/03/00 2.0 Township Workshop 04/05/00 1.0 Prepare for Township Meeting 04/14/00 1.0 Miscellaneous 04/17/00 2.5 Six Township Meeting 04/18/00 3.5 EIT 04/28/00 1.0 Miscellaneous 05/01/00 2.0 Workshop 1.0 Prepare for Recreation Meeting 05/03/00 1.0 Prepare for Bd of Supervisors Mtg 05/12/00 1.0 Miscellaneous 05/15/00 2.0 Regional Planning 05/24/00 2.0 Regional Police Meeting 05/26/00 1.0 Miscellaneous 06/01/00 1.0 Prepare for Bd of Supervisors Mtg 06/09/00 1.0 Miscellaneous 06/12/00 2.5 Regional Planning 07/05/00 1.0 Prepare for Bd of Supervisors Mtg 07/14/00 1.0 Miscellaneous 07/17/00 1.5 Research EIT 08/01/00 3.0 Research Regional Planning 09/11/00 3.0 Research Regional Planning 09/18/00 1.0 Prepare for evening census meeting 09/25/00 1.0 Miscellaneous 10/13/00 1.0 Miscellaneous 10/16/00 2.0 Research regional planning 11/01/00 1.0 Miscellaneous 11/06/00 2.0 Newsletter 11/17/00 1.0 Miscellaneous 12/01/00 1.0 Miscellaneous 12/05/00 3.0 Lehigh Vly Pining Com Reg Pining Christ 01- 047 -C2 Page 12 12/15/00 1.0 Miscellaneous 12/29/00 1.0 Miscellaneous 2000: 69 hours @ $14.25 /hour = $983.25 Date Hours Worked Detailed Duties 01/12/01 1.0 Miscellaneous 01/26/01 1.0 Miscellaneous 01/29/01 0.5 Greg Snyder Ordinance 02/08/01 5.0 LVPC Regionalization 02/09/01 4.0 Regional Planning 02/13/01 1.0 Regional Planning 02/16/01 1.0 Miscellaneous 02/27/01 1.0 Regional Planning 03/02/01 1.0 Miscellaneous 03/06/01 1.0 Regionalization Review 03/16/01 1.0 Miscellaneous 03/19/01 1.0 Regionalization Review 03/22/01 3.0 Fire Company Grants 03/26/01 2.0 Review Park Grants 03/30/01 1.0 Miscellaneous 04/09/01 2.5 Regional Meeting 04/20/01 1.0 Miscellaneous 06/01/01 1.0 Miscellaneous 06/15/01 1.0 Miscellaneous 06/29/01 1.0 Miscellaneous 08/17/01 1.0 Miscellaneous 09/21/01 1.0 Miscellaneous 10/05/01 1.5 Miscellaneous 10/19/01 1.0 Miscellaneous 11/02/01 1.0 Miscellaneous 11/16/01 1.0 Miscellaneous 11/30/01 1.0 Miscellaneous 12/14/01 1.0 Miscellaneous 12/28/01 1.0 Miscellaneous 2001: 40.5 hours @ $14.75 per hour = $597.38 22. Christ's timesheets as a township employee is approved on a monthly basis. a. Timesheets are signed by all three (3) supervisors. b. Timesheets also included wages paid to the supervisors covering their meeting pay. 23. Christ received compensation totaling $5,160.14 for attending meetings, administrative functions and miscellaneous duties not consistent with duties of a sewer plant operator or township roadmaster. Annual totals are as follows: Year Hours Rate Total 1997 54.5 $12.75 $ 694.88 1998 115.75 $13.25 $ 1,533.69 1999 98.25 $13.75 $ 1,350.94 2000 69.0 $14.25 $ 983.25 2001 40.5 $14.75 $ 597.38 378.00 Total $ 5,160.14 Christ 01- 047 -C2 Page 13 24. Lynn Township payroll sheets covering the period July 3, 1996, through July 5, 2001, reflect Christ signed all but two (2) monthly payroll sheets. a. Christ signed these payroll sheets in his official capacity as a Lynn Township Supervisor. b. Christ's signature appears along with the other two (2) township supervisors. c. Payroll sheets included payroll for all township employees. 25. Between July 3, 1996, and July 5, 2001, Christ signed the following fifty -nine (59) payroll sheets approving wages and meeting pay issued to him totaling $54,428.49. Christ approved the following payments: Date Net Pay 07/03/96 $ 873.79 08/01/96 $ 1,089.94 09/05/96 $ 1,017.89 10/03/96 $ 945.84 11/07/96 $ 1,089.94 12/05/96 $ 945.84 12/27/96 $ 1,017.89 02/06/97 $ 1,294.69 03/06/97 $ 883.22 04/03/97 $ 958.24 05/01/97 $ 1,033.26 06/05/97 $ 1,033.26 07/03/97 $ 958.24 08/07/97 $ 1,108.28 09/04/97 $ 958.24 10/02/97 $ 1,033.26 11/06/97 $ 1,108.28 12/04/97 $ 883.22 12/29/97 $ 1,057.24 03/05/98 $ 88.55 04/03/98 $ 88.55 05/07/98 $ 123.75 06/04/98 $ 88.55 07/02/98 $ 88.55 08/06/98 $ 88.55 09/03/98 $ 88.55 10/01/98 $ 88.55 11/05/98 $ 88.55 12/03/98 $ 88.55 12/28/98 $ 88.55 02/04/99 $ 1,283.70 03/04/99 $ 1,106.60 04/01/99 $ 1,185.15 05/06/99 $ 1,106.60 06/03/99 $ 1,106.00 07/01/99 $ 1,106.60 08/05/99 $ 1,106.60 09/02/99 $ 1,106.60 10/07/99 $ 1,106.60 12/02/99 $ 1,106.60 12/30/99 $ 1,018.05 02/03/00 $ 1,235.86 Christ 01- 047 -C2 Page 14 03/02/00 $ 1,235.86 04/06/00 $ 1,225.86 05/04/00 $ 1,235.86 06/01/00 $ 1,235.86 07/06/00 $ 1,145.86 Date Net Pay 08/03/00 $ 1,145.86 09/07/00 $ 1,145.86 10/05/00 $ 1,145.86 11/02/00 $ 1,145.86 12/07/00 $ 1,145.86 12/27/00 $ 1,145.86 02/01/01 $ 1,393.11 03/01/01 $ 1,243.11 04/05/01 $ 1,233.11 05/03/01 $ 1,243.11 06/07/01 $ 1,243.11 07/05/01 $ 1,243.11 26. W -2 Wage and Tax Statements on file with Lynn Township reflect the following annual totals were paid to Christ for all services rendered to the township, including payment for administrative duties and meeting attendance. Calendar Year Amount 1997 $ 28,019.63 1998 $ 30,111.96 1999 $ 32,800.00 2000 $ 34,950.00 2001 $ 39,849.96 The following findings relate to Donald Christ's service on the Lynn Township Sewer Authority 27. In addition to serving as a Lynn Township Supervisor and employee, Christ was appointed to the Lynn Township Sewer Authority Board on April 6, 1995. a. Prior to April 1995 the Lynn Township Sewer Authority was not an independent body. 1. The board of supervisors, including Christ, voted to create the authority. b. Christ was re- appointed to the Sewer Authority Board on January 4, 1999. c. Christ did not participate in actions of the board of supervisors regarding his appointment and reappointment. 28. On January 21, 1997, the Lynn Township Sewer Authority Board appointed Donald M. Christ operator of the township treatment plant at a rate of $12.75 per hour. a. The motion to appoint Christ was unanimously approved. b. Christ was present for this meeting but no record of his participation was made. 1. Christ is not recorded as abstaining. c. Christ's hourly rate of $12.75 was the same rate as set by the township board Christ 01- 047 -C2 Page 15 of auditors for Christ's position with the township for calendar year 1997. 1. Christ's rate of pay was annually set by the authority at the same ratio as set by the township auditors. 29. Since 1997, the Lynn Township Board of Supervisors annually set a meeting pay rate for Authority Board members. a. Christ was present for these actions in his official capacity as a township supervisor. b. Meeting minutes do not include roll call vote on these actions. Minutes reflect motion carried. 1. No dissenting votes or abstentions are recorded. 2. Christ is not recorded as abstaining from any of the votes in 1997 through 2001. 30. Meeting pay wages for members of the authority were set by the board of supervisors as part of the following meetings: January 6, 1997 $35.00 month January 5, 1998 $35.00 month January 4, 1999 $35.00 month January 4, 2000 $40.00 month January 2, 2001 $40.00 month 31. Christ, as a member of the Lynn Township Sewer Authority Board, has received meeting pay during calendar years 1997 through 2001. a. The rate was $35.00 /month from 1997 through 1999. b. This amount was increased to forty ($40) dollars per month for calendar years 2000 and 2001. 32. Christ's meeting pay as a sewer authority board member was approved by the authority board along with other monthly bills of the authority. a. Monthly bill lists are voted on in their entirety. b. No roll call vote is taken on the approval of bill lists. Votes are recorded as motion carried. c. Christ is not on record as making or seconding motions to approve authority bill lists. d. Authority minutes do not include any recorded abstentions by Christ on the payment of bills. e. Christ did not sign the front side of the Authority checks made payable to himself. 33. Lynn Township Sewer Authority records confirm Christ received the following meeting payments since 1997: Christ 01- 047 -C2 Page 16 Date 017797 03/08/97 04/09/97 04/24/97 06/02/97 07/08/97 08/11/97 08/29/97 09/24/97 11/07/97 12/03/97 12/29/97 1998 07798 03/18/98 03/19/98 05/18/98 05/29/98 06/26/98 07/22/98 08/14/98 08/24/98 09/25/98 12/16/98 1999 O1728/99 03/12/99 04/17/99 05/04/99 06/04/99 07/20/99 08/16/99 09/02/99 10/04/99 10/29/99 11/24/99 12/29/99 2000 O277700 02/25/00 04/17/00 04/28/00 06/20/00 07/13/00 09/19/00 10/16/00 11/18/00 12/23/00 Meeting Check No. Amount Date 2519 2547 2573 2585 2611 2637 2675 2693 2714 2756 2768 2790 1997 Total 2821 2854 2858 2903 2912 2941 2971 3001 3014 3042 3109 1998 Total 3143 3182 3218 3236 3264 3294 3323 3339 3375 3398 3423 3448 1999 Total 3496 3510 3554 3566 3614 3637 3695 3718 3754 3786 2000 Total 2001 02720701 3833 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 420.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 105.00 $ 455.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 420.00 $ 35.00 $ 45.00 $ 40.00 $ 40.00 $ 40.00 $ 80.00 $ 40.00 $ 40.00 $ 40.00 $ 80.00 $ 480.00 01/21/97 02/18/97 03/25/97 04/15/97 05/20/97 06/17/97 07/15/97 08/19/97 09/09/97 10/21/97 12/16/97 12/29/97 01/20/98 02/17/98 03/17/98 04/21/98 05/19/98 06/16/98 08/04/98 09/15/98 10/20/98 11/17/98 12/15/98 01/19/99 02/16/99 03/16/99 04/20/99 05/18/99 06/19/99 07/20/99 08/17/99 09/21/99 10/19/99 11/16/99 12/21/99 01/18/00 02/15/00 03/21/00 04/18/00 05/16/00 06/20/00 07/18/00 09/19/00 11/21/00 12/19/00 Official Recorded Action 'ote Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried Carried $ 40.00 02/22/01 Motion to Pay Carried Check Date Check No. Amount 1997 08/29/97 2692 $ 60.00 1997 Total $ 60.00 1998 05/01/98 2890 $ 30.00 Christ 01- 047 -C2 Page 17 Date 0377701 04/13/01 05/15/01 06/15/01 07/17/01 08/18/01 10/17/01 10/30/01 12/15/01 01/12/02 34. Total meeting pay received by Donald Christ, as a member of the authority, since 1997 is as follows: 1997 1998 1999 2000 2001 Check No. 3852 3876 3902 3926 3953 3984 4018 4033 4071 4097 2002 Total $ 420.00 $ 455.00 $ 420.00 $ 480.00 $ 420.00 Amount $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 80.00 $ 40.00 $ 40.00 $ 40.00 $ 480.00 Meeting 0 04/17/01 05/15/01 06/19/01 07/17/01 08/20/01 10/16/01 11/20/01 12/18/01 01/15/02 Official Action Motion Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Motion to Pay Recorded 'ote died Carried Carried Carried Carried Carried Carried Carried Carried Carried Total $ 2,195.00 (The following findings relate to the allegation that Donald Christ used the authority of his office to hire his son for part -time positions with the township.) 35. Bradley T. Christ is the son of Donald M. Christ. 36. In 1997, Bradley Christ was hired by his father, Donald, to perform lawn mowing and maintenance work on a part -time basis for the authority. a. Bradley Christ was hired by Donald Christ in his official capacity as a sewer authority board member and sewer plant operator. b. The position Bradley Christ was hired to was not publicly advertised. c. Donald Christ determined and approved the hours worked and wages paid to his son. d. Bradley Christ worked on a part -time basis for the authority from 1997 through 2001. 37. Bradley Christ's hiring did was not approved by the sewer authority board of directors. 38. Payroll financial records of the Lynn Township Municipal Authority include the following payments issued to Bradley T. Christ for lawn mowing and maintenance work. a. Check Date Check No. Amount 05/29/98 2917 $ 60.00 06/26/98 2946 $ 115.00 08/04/98 2988 $ 60.00 09/03/98 3024 $ 30.00 10/02/98 3053 $ 30.00 1998 Total $ 325.00 06/16/99 3273 $ 45.00 07/02/99 3288 $ 30.00 10/04/99 3372 $ 60.00 10/29/99 3405 $ 10.00 1999 Total $ 145.00 2000 06/05/00 3600 $ 50.00 06/30/00 3621 $ 110.00 08/07/00 3660 $ 45.00 08/31/00 3680 $ 102.50 04/29/00 3564 $ 15.00 12/01/00 3770 $ 10.00 2000 Total $ 332.50 2001 10/29/01 4031 $ 45.00 2001 Total $ 45.00 Christ 01- 047 -C2 Page 18 b. This work was done under the supervision and direction of Donald Christ in his official capacity as sewer plant operator /authority board member. 39. Bradley T. Christ received $907.50 as a result of performing lawn mowing and maintenance work for the Lynn Township Sewer Authority. Annual totals as follows: a. Year Amount 1997 $ 60.00 1998 $ 325.00 1999 $ 145.00 2000 $ 332.50 2001 $ 45.00 Total $ 907.50 b. These payments were approved in the same manner as other authority bills. c. Christ is not on record as abstaining from on voting on the payment of bills. d. Christ did not sign the front side of these authority checks. (The following findings relate to the allegation that Christ failed to disclose all sources of income, financial interests in an entity or business for profit and all creditors in excess of $6,500.00) 40. Christ in his official capacity as a Lynn Township Supervisor and Lynn Township Sewer Authority Board Member annually filed Statements of Financial Interests for the prior calendar year as follows: Calendar Year: 1996 Filed: 04/01/97 on SEC Form 1/97 Position: Township Supervisor Christ 01- 047 -C2 Page 19 Real Estate Interests: Creditors: Direct /Indirect Income: Office, Directorship, Employment in any Business: Financial Interests in any Business for Profit: Calendar Year: Filed: Position: Real Estate Interests: Creditors: Direct /Indirect Income: Office, Directorship, Employment in any Business: Financial Interests in any Business for Profit: Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: Office, Directorship, Employment in any Business: All other financial interests: None Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: All other financial interests: None Calendar Year: Filed: Creditors: Direct /Indirect Income: Office, Directorship, Employment in any Business: All other financial interests: None None None Lynn Township and Donald M. Christ Barber Shop None Mountainview Pizza 1997 (not listed) 03/31/98 on SEC Form 1/98 Township Supervisor None None Donald M. Christ Barber Shop Donald M. Christ Barber Shop None 1998 06/07/99 on SEC Form 1/99 Supervisor First Nat'l Bank of Maryland, 6 %; First Union, 8% Lynn Township; Donald M. Christ, Barber Donald M. Christ Barber Shop, 100% 1999 04/26/00 on SEC Form 1/99 Township Supervisor None Donald M. Christ, Barber 2000 04/12/01 on SEC Form 1/01 First Nat'l Bank of Maryland, 7 %, First Union, 8% Donald M. Christ Barber Shop Donald M. Christ, Barber Shop 41. Christ did not disclose First National Bank of Maryland and First Union Bank as creditors on Statements of Financial Interests filed for calendar year 1999. a. Christ includes both as creditors on Statements of Financial Interests he filed for the 1998 and 2000 calendar years. 42. Christ did not disclose Lynn Township as a source of income in excess of $1,300 on Statements of Financial Interests filed for calendar years 1997, 1999 and 2000. a. Christ received compensation from Lynn Township in excess of $1,300 during each of these years. 43. Christ has been the owner of Donald M. Christ Barber Shop since at least 1997. Christ 01- 047 -C2 Page 20 a. Christ did not disclose his office, directorship or employment in any business as Donald M. Christ Barber Shop on his Statement of Financial Interests filed for calendar year 1999. 1. Christ discloses his ownership of the shop on Statements of Financial Interests filed for calendar years 1997, 1998 and 2000. b. Christ did not disclose his financial interest in any business for profit as Donald Christ Barber Shop on Statements of Financial Interests filed for calendar years 1997, 1999 and 2000. 1. Christ discloses his interest on his Statements of Financial Interestsfiled for calendar year 1998. 44. As a township employee, Donald Christ was annually entitled to three (3) weeks vacation, 3 personal and 2 sick days and seven paid holidays. a. Paid holidays included New Years Day, Good Friday, Memorial Day, July 4 th Labor Day, Thanksgiving and Christmas. 1. Eight holidays were given in 1999 and nine were given in 2000 and 2001. b. Vacation, personal and sick days were not allowed to be carried over from one calendar year to the next. 45. Lynn Township payroll records confirm Christ did not receive compensation for unused personal or vacation days since 1997. a. Christ also did not receive compensation for 2 hours work required of him at the sewer plant each paid holiday he worked. b. Lynn Township has seven recognized paid holidays, annually through 1998, eight in 1999 and 9 during 2000 and 2001. 46. Based on township policy Christ was entitled to the following amounts of leave annually since 1997: Year Vacation Personal 1997 3 wks /120 hours 3 days /24 hours 1998 3 wks /120 hours 3 days /24 hours 1999 3 wks /120 hours 3 days /24 hours 2000 3 wks /120 hours 3 days /24 hours 2001 3 wks /120 hours 3 days /24 hours b. Christ combined was entitled to use a total of four (4) weeks or 144 hours leave annually. 47. Township payroll records confirm leave usage for Christ for the period 1997 through 2001. a. Since 1997 Christ has not used any personal days earned. b. Christ did not use all of the vacation hours he was entitled to since 1997. 48. Christ's payroll records reflect he used vacation time on the following days since 1997: Hours of Christ 01- 047 -C2 Page 21 Vacation Date Used 03/27/97 8 03/31/97 8 10/23/97 8 Hours of Vacation Date Used 10/29/97 4 11/14/97 8 12/01/97 8 12/05/97 3 12/15/97 3 12/22/97 4 12/23/97 3 12/24/97 3 12/26/97 3 12/29/97 3 12/30/97 3 12/31/97 3 1997 Total 72 hours Hours of Vacation Date Used 06/15/98 8 06/16/98 8 10/29/98 8 10/30/98 8 11/30/98 8 12/01/98 8 12/14/98 8 12/24/98 4 12/28/98 4 12/29/98 4 12/31/98 4 1998 Total 72 hours Hours of Vacation Date Used 03/15/99 4 05/18/99 8 06/25/99 4 07/23/99 8 07/26/99 8 07/27/99 8 11/22/99 8 11/23/99 8 11/29/99 8 11/30/99 8 12/13/99 8 1999 Total 80 hours Year Holidays Hours Per Total Hours OT Rate Total 1997 7 2 14.0 $ 19.13 $ 267.82 1998 7 2 14.0 $ 19.86 $ 278.04 1999 8 2 16.0 $ 20.63 $ 330.08 2000 9 2 18.0 $ 21.38 $ 384.84 Christ 01- 047 -C2 Page 22 Hours of Vacation Date Used 01/10/00 8 01/11/00 8 01/12/00 8 Hours of Vacation Date Used 01/13/00 8 06/16/00 4 08/08/00 8 10/20/00 4 11/08/00 4 11/20/00 8 11/27/00 8 11/28/00 8 12/08/00 8 12/15/00 4 2000 Total 88 hours Hours of Vacation Date Used 07/09/01 8 07/10/01 8 07/11/01 8 07/20/01 8 08/17/01 4 09/28/01 4 11/26/01 8 11/27/01 8 11/28/01 8 2001 Total 64 hours 49. The following chart details unpaid leave Christ was entitled to since 1997: Year Earned Used Difference Rate of Pay Total 137 144 72 72 $ 12.75 $ 918.00 1998 144 72 72 $ 13.25 $ 954.00 1999 144 80 64 $ 13.75 $ 882.00 2000 144 88 56 $ 14.25 $ 798.00 2001 144 64 80 $ 14.75 $ 1,188.00 $ 4,730.00 50. Christ did not receive compensation for the two (2) hours per day he spent working at the township's sewer plant while on a paid holiday. Christ would have been entitled to the following amounts of overtime pay for working holidays since 1997. Overtime is approved at 1.5 times the hourly rate. Christ 01- 047 -C2 Page 23 2001 9 2 18.0 $ 22.13 Total $ 398.34 $ 1,659.12 51. Christ was entitled to unpaid wage totaling $6,389.12 as a result of unused leave and unpaid overtime detailed in the previous two findings. a. Total based on unpaid leave totaling $4,730.00 plus unpaid overtime totaling $1,659.12. 52. Christ realized a private pecuniary benefit of $5,160.14 as the result of compensation received as a township employee for performing supervisor duties during 1997 -2001. a. During this same period of time, Christ did not receive vacation and overtime compensation he was entitled to from the township totaling $6,389.12. b. Christ's net gain was (- $1,228.98) (loss). 53. Christ's use of his position when hiring Bradley Christ resulted in a private pecuniary benefit of $907.50 to Bradley Christ, a member of Donald Christ's immediate family. 54. Christ's participation in actions as a township supervisor approving compensation for authority members, including himself, resulted in a private pecuniary gain of $2,195.00. 55. Christ and members of his immediate family received a private pecuniary benefit of $1,873.52 as a result of Christ's use of the authority of his public position. III. DISCUSSION: At all times relevant to this matter, the Respondent, Donald M. Christ, hereinafter Christ, has been a public official subject to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et se ., as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 6 Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegations are that Donald Christ, as a Lynn Township Supervisor, violated Sections 3(a)/1103(a)), 5(b)(4)/1105 (b)(4), and 5(b)(2), (5), (8), and 9)/1105(b)(2), (5), (8), and (9) of the Ethics Act when he submitted for compensation duties performed in his capacity as a township supervisor, including but not limited to attending township workshops, meetings with the township solicitor, regional police meetings, regional planning committee meetings, and subsequently participated in actions of the board to approve these payments; when he participated in approving compensation for members of the Lynn Township Sewer Authority while an Authority member; when he authorized the hiring of his son for a part -time position with the township sewer authority; when he failed to disclose creditors in excess of $6,500.00 on Statements of Financial Interests filed for the 1999 calendar year; and office, directorship or employment and financial interest in Donald Christ Barber Shop for calendar years 1997 and 1999. Pursuant to Section 3(a)/1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows: Section 2/1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or Christ 01- 047 -C2 Page 24 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 5(b)(4)/1105(b)(4) of the Ethics Act requires that every public official /public employee and candidate list the name and address of each creditor owed in excess of $6,500 and the interest rate. Section 5(b)(8) and (9)/1105(b)(8) and (9) requires that the Statement of Financial Interests shall include any office, directorship or employment of any nature whatsoever in any business entity, and any financial interest in any legal entity engaged in business for profit for the prior calendar year with regard to the person required to file the statement. 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. Christ has served as a Lynn Township Supervisor since 1992 and as a Lynn Township Sewer Authority Member since 1995. In addition, Christ was also employed as a sewer plant operator until 1992 and is currently a township laborer. Christ was a township roadmaster from 1995 to 2000. In May of 1996, Christ sought an advisory ruling from the Legal Division of this Commission regarding his service as a township supervisor and employee of the township. Advice of Counsel, 96 -570 was issued in June of 1996 advising Christ that he could simultaneously serve in both positions; however, Christ was further advised that he could not use the authority of office for personal financial gain and that he would have to abstain and observe the disclosure requirements as to any conflicts under the Ethics Act. During the annual reorganization meetings of the township board of auditors for the years 1997 through 2000, the auditors determined that the supervisors could be reimbursed for non - roadwork related duties involving meetings with the local school district, EIT office, or adjoining township officials. After questions were raised regarding Christ's compensation in his various township positions in 2000, the township received correspondence from the Pennsylvania State Association of Township Supervisors (PSATS), advising that a supervisor is limited to receiving the statutory compensation for performing supervisor duties and a supervisor employed by the township is only eligible to participate in the township pension plan if he is employed by the township. Christ 01- 047 -C2 Page 25 The township then solicited advice from PSATS as to the circumstances in which a supervisor could be employed by the township. PSATS responded that a supervisor may be employed in a position that is not prohibited in law; a supervisor may be employed by majority action of the board of supervisors; a supervisor may only be compensated as an elected official for performing duties of the elected office and may not be compensated as an employee for attending public meetings of the board, meetings with the solicitor, school district, or EIT officers on township matters; and a supervisor may be employed by the authority and receive compensation as an authority employee. Christ was removed as a roadmaster by the board of supervisors at an October 5, 2000, meeting where a motion was made and seconded but no vote was recorded. In November 2000, the township solicitor opined that as to various activities for which Christ received compensation, including but not limited to advertising workshop meetings, EIT meetings, meeting preparation, regional planning, regional police, township meetings, meetings with the solicitor and school district, and other miscellaneous work, Christ could not receive any compensation for those activities except for regional planning and police meetings. Following the preparation and approval by the township board of supervisors of various job descriptions, Christ was appointed the director of operations at a January 2001 meeting. The details of the job description as well as the duties and responsibilities for that position are detailed in Fact Finding 17. The township board of auditors set the compensation for Christ's new position at an hourly rate of $14.75. Christ's working hours were divided between the township road department and the authority sewer plant as an operator. Aside from performing road department and sewer plant operator functions, Christ received compensation as director of operations for attending meetings that were related to his position as elected township supervisor. The dates, times and functions performed are delineated in Fact Finding 21. Christ received compensation totaling $597.38 for performing those functions as an elected township supervisor. In addition, Christ received compensation totaling $5,160.14 for performing various administrative functions that were not consistent with his duties of sewer plant operator or township roadmaster. See, Fact Finding 23. Christ as a supervisor approved most of the payroll sheets by signing as a township supervisor. The dates and the amounts of such payments are delineated in Fact Finding 25. Having detailed Christ's actions as an elected township supervisor and employee above, we will now review the relevant facts as to Christ's service on the Lynn Township Sewer Authority (Authority). After Christ was appointed to the Authority Board in 1995, he was employed as the Township Treatment Plant Operator in January 1997 and compensated at a rate of $12.75 per hour. Christ's appointment was unanimously approved and Christ was not recorded as abstaining. In addition, Authority Board members were compensated at the rate of $35.00 per month for the calendar years 1997 through 1999 and $40.00 per month for 2000 and 2001. The meeting pay of Authority Board members was approved by the Board along with the other monthly bills. For the years 1997 through 2001, Christ received compensation as an Authority Board member in the amount of $2,195. See, Fact Findings 33 and 34. Separate and apart from Christ's compensation as an Authority Board member and employee, he took action regarding the hiring of a son to a part -time position. In 1997, Christ's son Bradley was hired by Christ to perform lawn mowing and maintenance work on a part -time basis for the Authority. The position was not publicly advertised. The hiring of Christ's son was not approved by the Authority Board. As an Authority Board member, Christ determined and approved the hours worked and wages paid to his son. From 1997 through 2001, Christ's son received total compensation of $907.50 for working at the Authority. See, Fact Findings 38 and 39. Christ 01- 047 -C2 Page 26 Finally, the Fact Findings reflect that Christ failed to disclose sources of income and financial interests in an entity or business for profit as well as creditors in excess of $6,500 on his Statements of Financial Interests (SFI's). For the calendar year 1999 SFI filed by Christ, he did not disclose First National Bank of Maryland and First Union Bank as creditors. Christ did list such creditors on his SFI's for the 1998 and 2000 calendar years. Christ did not disclose Lynn Township as a source of income in excess of $1,300 on his SFI's for the calendar years 1997, 1999, and 2000, even though he received compensation in excess of the reporting threshold for those years. In a private capacity, Christ has been the owner of Donald M. Christ Barber Shop since at least 1997. Christ failed to disclose his office directorship or employment in the business on his SFI filed for the calendar year 1999. However, Christ disclosed such interests on his calendar year SFI's for 1997, 1998, and 2000. In addition, Christ did not disclose his financial interest in the Donald M. Christ Barber Shop on his SFI's for 1997, 1999, and 2000 calendar years although he disclosed such interest on his 1998 calendar year SFI. Having summarized the stipulated fact findings relative to the individual allegations, there are certain mitigating circumstances set forth in the record. In particular, although Christ was annually entitled to three weeks vacation, three personal and two sick days, as well as seven paid holidays, the township payroll records confirm that he did not receive compensation for unused personal and vacation days since 1997. Christ did not receive compensation for two hours at the sewer plant each aid holiday that he worked. In addition, Christ has not used any personal days earned and did not use all of his vacation hours since 1997. Consequently, Christ would have been entitled to a total of $1,659.12 for overtime pay for working various holidays since 1997 for which he did not receive compensation. See, Fact Finding 50. In addition, Christ was entitled to unpaid wages totaling $6,389.12 as a result of unused leave and unpaid overtime. Thus, although Christ received a private pecuniary benefit of $5,160.14 as a result of receiving compensation as a township employee for performing supervisor duties, the crediting of the unpaid vacation and overtime compensation would result in a net loss to Christ of $1,228.98. If the above loss is applied to the $907.50 for Christ's son's compensation at the Authority as well as Christ's action in approving compensation for Authority members and himself which totaled $2,195, the total net private pecuniary benefit to Christ would be $1,873.52. 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 proposes that this Commission find that Christ violated: Section 3 (a)/1103(a) of the Ethics Act when he received compensation for his attendance at township workshops, meetings with the township solicitor and certain regional police and regional planning committee meetings and when he subsequently approved as a board member these payments to himself; when he participated in approving compensation for members of the Lynn Township Sewer Authority while an Authority member; and when he authorized the hiring of his son for a part -time position with the township sewer authority while serving as an Authority member; Section 5(b)(4)/1105(b)(4) of the Ethics Act when he failed to disclose creditors in excess of $6,500 on his tatement of Financial Interests for the 1999 calendar year; and Section 5(b)(2), (5), (8), and (9)/1105(b)(2), (5), (8), and (9) when he failed to disclose his office, directorship or employment and his financial interest in Donald Christ Barber Shop in his Statements of Financial Interests for calendar years 1997 and 1999. Further, Christ agrees to make payment of $1,200 through this Commission to the Commonwealth of Pennsylvania within 30 days of the date of mailing of this Order. In applying Section 3(a)/1103(a) of the Ethics Act to the above, we find a violation by Christ for receiving compensation to which he was not entitled. The administrative duties Christ 01- 047 -C2 Page 27 performed by Christ were encompassed within the role of a supervisor as an elected official. Christ received additional compensation for performing administrative functions and attending meetings. Christ was not legally entitled to receive such compensation because such duties are encompassed within the functions of elected supervisor for which the compensation is limited by the Second Class Township Code. Thus, Christ was only entitled to receive compensation for performing labor as a township employee but not for performing administrative functions which were within the functions of an elected township supervisor. Consequently, Christ violated Section 3(a)/1103(a) of the Ethics Act when he participated in approving payments and received compensation for performing administrative functions that are encompassed within the functions of the office of elected township supervisor. See, Johnson, Order No. 1187. Our decision follows the ruling of Commonwealth Court which noted in R.H. and T.W. v. State Ethics Commission, 673 A.2d 1004 (Pa. Commw. 1996): T.W. maintains that he is entitled to hourly wages for performing these [administrative] duties. He notes that the recent growth of the Township led to a substantial increase in demands upon the Township government and that the Supervisors have assumed responsibility for meeting much of this burden. With this argument, T.W. implies that, because the rise in activity forced him to work in excess of the stated duties of Township Supervisors, he was properly compensated for such actions with an hourly wage. We sympathize with T.W.; however, there is no question that the duties at issue were supervisory in nature. The supervisory salary was statutorily set and encompassed all of the ensuing administrative functions. Thus, T.W. violated the 1978 Act when, in addition to his Supervisor's compensation, he received hourly wages as an employee for performing administrative duties. Id. at 1011. We also note the offset as to compensation to which Christ was entitled but did not take as detailed above. As to the approval of compensation for Authority Board Members, Christ used the authority of office as to the approval of compensation for the board members. Christ's receipt of compensation as an Authority Board Member constitutes a private pecuniary benefit to himself. Accordingly, Christ violated Section 3(a)/1103(a) of Act 9 of 1989/Act 93 of 1998 when he used the authority of his office for a private pecuniary benefit when he participated in approving compensation for members of the Lynn Township Sewer Authority while he was an Authority member. See, Painter, Order 86, affirmed in part, Rebottini et al. v. State Ethics Commission, (Pa. Commw.), 634 A.2d 743 (1993). Turning to the matter of the hiring of Christ's son to a part-time position of employment with the Authority, there were uses of authority on the part of Christ. Christ hired his son as a part -time employee with the Authority. In addition, Christ determined and approved the number of hours worked and compensation paid to his son. Such actions were uses of authority of office. Such uses of authority of office resulted in private pecuniary benefits consisting of the payments that Christ's son received for working as a part -time employee. Lastly, those pecuniary benefits inured to Christ's son who is a member of his immediate family as that term is defined under the Ethics Act. Accordingly, Christ violated Section 3(a)/1103(a) of the Ethics Act when he participated in actions to hire his son to a part -time position with the Authority, and determined and approved the number of hours worked and Christ 01- 047 -C2 Page 28 compensation paid to his son. See, Rinehimer, Order 1216. It is stipulated that Christ did not disclose First National Bank of Maryland and First Union Bank as creditors on his SFI for calendar year 1999. The record further reflects that Christ did not disclose his office, directorship or employment in his barber shop for the SFI's for the calendar year 1999. Further, Christ did not disclose his financial interest in that barber shop for the 1997 1999, and 2000 calendar year SFI's. Accordingly, Christ violated Section 1105(b)(4) of the Ethics Act when he failed to disclose creditor(s) in excess of $6,500 on his Statement of Financial Interests for the 1999 calendar year and he violated Section 5(b)(2), (5), (8), and (9)/1105(b)(2), (5), (8), and (9) when he failed to disclose his office, directorship or employment for the 1999 calendar year and his financial interest in Donald Christ Barber Shop on his Statements of Financial Interests for calendar years 1997 and 1999. Although not part of the allegation before us, we note that Christ failed to disclose Lynn Township as a source of income in excess of $1,300 for the calendar years 1997, 1999, and 2000. Christ likewise failed to disclose his financial interest in his barber shop on the 2000 calendar year SFI. Accordingly, Christ is directed within 30 days of the mailing date of this Order to file amended SFI's to list the following financial interests: for the 1997 calendar year, township income and the financial interest in Christ Barber Shop; for the 1999 calendar year, township income, First National Bank of Maryland and First Union Bank as creditors, the financial interest in Christ Barber Shop, and the office, directorship or employment in Christ Barber Shop; and for the calendar year 2000, township income, the financial interest in Christ Barber Shop and the office, directorship or employment in Christ Barber Shop. Failure to comply will result in the institution of an enforcement action. 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, Christ is directed to make payment of $1,200 to the Commonwealth of Pennsylvania through this Commission within 30 days of the mailing date of this Order. Compliance with the foregoing payment and as to the filing of amended SFI's 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. Christ, as a Supervisor for Lynn Township and a Board Member of the Lynn Township Sewer Authority, is a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Christ violated Section 3(a)/1103(a) of the Ethics Act when he submitted for compensation his attendance at township workshops, meetings with the township solicitor and certain regional police and regional planning committee meetings which were within the scope of his official duties as a township supervisor; and when he subsequently participated in actions of the board of township supervisors to approve those payments to himself. 3. Christ violated Section 3(a)/1103(a) of the Ethics Act when he used the authority of his office for a private pecuniary benefit when he participated in approving compensation for members of the Lynn Township Sewer Authority while he was an Authority member. 4. Christ violated Section 3(a)/1103(a) of the Ethics Act when he authorized the hiring of his son for a part -time position with the township sewer authority while serving as a member of that authority and determined and approved the number of hours worked and compensation paid to his son. Christ 01- 047 -C2 Page 29 5. Christ violated Section 1105(b)(4) of the Ethics Act when he failed to disclose First National Bank of Maryland and First Union Bank in excess of $6,500 on his Statement of Financial Interests for the 1999 calendar year. 6. Christ violated Section 5(b)(2), (5), (8), and (9)/1105(b)(2), (5), (8), and (9) when he failed to disclose his office, directorship or employment for the 1999 calendar year and his financial interest in Donald Christ Barber Shop on his Statements of Financial Interests for calendar years 1997 and 1999. In Re: Donald M. Christ ORDER NO. 1247 File Docket: 01- 047 -C2 Date Decided: 9/4/02 Date Mailed: 9/25/02 1. Christ, as a Supervisor for Lynn Township and a Board Member of the Lynn Township Sewer Authority, violated Section 3(a)/1103(a) of the Ethics Act when he submitted for compensation his attendance at township workshops, meetings with the township solicitor and certain regional police and regional planning committee meetings which were within the scope of his official duties as a township supervisor; and when he subsequently participated in actions of the board of township supervisors to approve those payments to himself. 2. Christ violated Section 3(a)/1103(a) of the Ethics Act when he used the authority of his office for a private pecuniary benefit when he participated in approving compensation for members of the Lynn Township Sewer Authority while he was an Authority member. 3. Christ violated Section 3(a)/1103(a) of the Ethics Act when he authorized the hiring of his son for a part -time position with the township sewer authority while serving as a member of that authority and determined and approved the number of hours worked and compensation paid to his son. 4. Christ violated Section 1105(b)(4) of the Ethics Act when he failed to disclose First National Bank of Maryland and First Union Bank in excess of $6,500 on his Statement of Financial Interests for the 1999 calendar year. 5. Christ violated Section 5(b)(2), (5), (8), and (9)/1105(b)(2), (5), (8), and (9) when he failed to disclose his office, directorship or employment for the 1999 calendar year and his financial interest in Donald Christ Barber Shop on his Statements of Financial Interests for calendar years 1997 and 1999. 6. Christ is directed within 30 days of the mailing date of this Order to file amended SFI's to list the following financial interests: for the 1997 calendar year, township income and the financial interest in Christ Barber Shop; for the 1999 calendar year, township income, First National Bank of Maryland and First Union Bank as creditors, the financial interest in Christ Barber Shop and the office, directorship or employment in Christ Barber Shop; and for the calendar year 2000, township income, the financial interest in Christ Barber Shop and the office, directorship or employment in Christ Barber Shop. 7. Per the Consent Agreement of the parties, Christ is directed to make payment of $1,200 to the Commonwealth of Pennsylvania through this Commission within 30 days of the mailing date of this Order. 8. Compliance paragraphs 6 and 7 will result in the closing of this case with no further action by this Commission. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair