HomeMy WebLinkAbout1265 AllenIn Re: Brian Allen
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Daneen E. Reese
Frank M. Brown
Donald M. McCurdy
Michael Healey
01- 038 -C2
Order No. 1265
12/4/02
12/16/02
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Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11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.
Allen 01- 038 -C2
Page 2
I. ALLEGATION:
That Brian Allen, a public official /public employee, in his capacity as a Commissioner
for Susquehanna Township, Dauphin County, violated Sections 1103(a) and 1105(b)(4), (8)
and (9) provisions of the State Ethics Act (Act 93 of 1998) 65 Pa.C.S. § §1103(a) and
1105(b)(4), (8) and (9) when he used the authority of his office for a private pecuniary benefit
of himself and /or a member of his immediate family by participating in discussions and actions
of the board of commissioners resulting in his mothers appointment to fill a vacancy for the
elected office of township treasurer; and when he failed to disclose on Statements of Financial
Interests filed for calendar year 2000 all creditors in excess of $6,500.00, his financial interest
in Allen's Catering, a legal entity engaged in business for profit, and his employment for
Allen's Catering.
II. FINDINGS:
1. Brian Allen has served as a member of the Susquehanna Township Board of
Commissioners since January of 1998.
2. Susquehanna Township has an elected position of township treasurer.
a. The township's treasurer performs the same general functions as a municipal
tax collector, in addition to drafting and signing township checks.
3. Suzanne Goetz served as the Susquehanna Township Treasurer until her resignation
effective January 1, 2001.
a. Goetz submitted a resignation letter to the township dated November 20, 2000,
citing personal reasons.
4. On November 29, 2000, Nancy L. Blair submitted a letter of application and resume for
the soon to be vacated position of Township Treasurer.
a. Blair's letter was submitted to township secretary /manager Gary Myers.
b. Blair's application and resume was submitted to the township two (2) weeks
prior to the position being advertised.
5. Nancy L. Blair is Brian Allen's mother.
6. Nancy Blair previously served as the Deputy Treasurer for Susquehanna Township
from 1984 until 1992.
a. Blair also had government experience while serving as a field representative for
State Senator Jeffrey S. Piccola.
7. During the Township Commissioners' December 14, 2000, meeting official action was
taken accepting the resignation of the treasurer effective December 31, 2000.
a. Commissioner Allen was present for this meeting.
b. President Lawson referred to correspondence received from Suzanne Goetz,
Treasurer, that she will resign from the office of Treasurer, effective December
31, 2000.
c. Commissioner Condes moved to accept the letter of resignation; seconded by
Commissioner Maitland and unanimously approved.
Allen 01- 038 -C2
Page 3
1. Allen voted to accept the resignation.
d. President Lawson requested the Manager to advertise the vacancy with
resumes to be due 12/21 /00 and interviews to be scheduled for 7:30 p.m. on
Wednesday, December 27, 2000.
8. Township Manager Gary Myers arranged for a legal ad for the position of township
treasurer to be run in the Harrisburg Patriot News on Friday, December 15, 2000.
9. By December 21, 2000, Susquehanna Township received eight (8) applications for the
position of Township Treasurer.
a. Applications were received from:
Nancy L. Blair
Maurie P. Herman
Lisa Chenelle
Dee J. Harry
Sheree L. Shellhamer
Lori A. Ribbans
Roberta F. Walsh
Marita Kelley
10. On December 18, 2000, Manager Myers sent Blair a letter requesting her attendance
at the Commissioner's December 27, 2000, meeting for a public interview.
a. Myers invited all eight applicants to be interviewed before the board.
11. Interviews with the applicants were held during the Commissioner's December 27,
2000, meeting.
a. Interviews were held in a public forum before the board of commissioners.
b. Candidates were interviewed by Manager Gary Myers.
c. Each candidate was asked the same series of questions by Myers.
d. Commissioner Allen was present for the interviews in his official capacity as a
Township Commissioner.
e. No Commissioners, including Allen, participated in the interview process.
12. Following the interviews during the December 27, 2000, meeting, two candidates,
Nancy Blair and Lori Ribbans, were nominated for the position of treasurer.
a. Commissioner JOHNSON nominated Lori Ribbans; seconded by Commissioner
MAITLAND.
b. Commissioner SPITZ nominated Nancy Blair, seconded by Commissioner
CONDES.
c. The vote of the Board of Commissioners was recorded as follows:
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
SPITZ
MAITLAND
CONDES
PATTON
ALLEN
KLEIN
WILSON
JOHNSON
Blair
Ribbans
Blair
Blair
Blair
Ribbans
Blair
Ribbans
Allen 01- 038 -C2
Page 4
Commissioner LAWSON Blair
Commissioner KLEIN moved the name of Nancy Blair be placed for a
unanimous vote; Seconded by Commissioner WILSON and unanimously
approved. Nancy Blair was sworn in by Judge Shugars. The appointment to be
effective January 1, 2001.
13. Minutes from the Commissioners' February 8, 2001, meeting include board action
approving the minutes from the December 27, 2000, meeting without any changes.
a. Commissioner Allen was present and motioned that the December 27, 2000,
minutes be approved as published.
14. During the board's January 11, 2001, meeting, township resident Trish Pacifico
questioned the board regarding what she felt was a conflict of interest involving the
appointment of the treasurer when a board member (Allen) voted for a relative.
15. Allen responded to Pacifico's questions during the "commissioner's comments" portion
of the January 11, 2001, meeting. Allen is recorded as stating:
a. Commissioner Allen also commented on the criticism of appointments and he
has appointed his wife, Susan, for the Recreation Advisory Committee, however
she does a good job and has a background in recreation. He also voted for his
mother for treasurer and he is proud of his appointments.
b. Allen's wife receives no compensation for her service on the Recreation
Advisory Committee.
16. Minutes from the January 11, 2001, meeting were approved without any changes at
the February 8, 2001, meeting.
a. Brian Allen was present and participated in this approval.
17. Township checks issued to Nancy L. Blair for services rendered as treasurer are paid
from the township's payroll account.
a. Blair receives bi- weekly net payments in the amount of $346.76 as Treasurer.
b. The front side of township payroll checks include the signatures of Stanley R.
Lawson, board president, and Nancy L. Blair, treasurer.
c. Commissioner Allen does not sign payroll checks.
18. Payments issued to Blair were approved as part of monthly bill lists.
a. Bill lists are voted on in their entirety by a single motion.
b. Payroll is not included as a separate line item on monthly bill lists.
c. Payroll is considered included as part of the monthly bills even though it is not
specifically listed.
19. Minutes reflect Allen participated in approving eighteen (18) bill lists which included
payments to his mother, Treasurer Blair totaling $9,384.85.
a. All bill lists were unanimously approved.
Allen 01- 038 -C2
Page 5
20. As a township commissioner, Allen annually filed a Statement of Financial Interests for
the 1996 through 2000 calendar years.
a. Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
Office, Directorship or Employment
in any Business:
Financial Interest in any Business:
b. Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
Office, Directorship or Employment
in any Business:
Financial Interest in any Business:
c. Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
All other financial interests:
d. Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
Office, Directorship or Employment
in any Business:
Financial Interest in any Business:
e. Calendar Year:
Filed:
Position:
Real Estate Interests:
Creditors:
Direct /Indirect Income:
Office, Directorship or Employment
in any Business:
Financial Interest in any Business:
1996
March 8, 1997
Township Commissioner
None
None
ACU -Sport Corp.
None
None
1997
April 28, 1998
Township Commissioner
None
None
ACU -Sport Corp.
None
None
1998
December 5, 2001
Township Commissioner
None
None
Susquehanna Township;
Allen's Market; Accusport Corp.
None
1999
February 7, 2000
Township Commissioner
None
None
Susquehanna Township;
Allen's Market
None
None
2000
March 1, 2001
Township Commissioner
None
None
Allen's Market; Allen's Catering;
Susquehanna Twp
None
None
21. On or about January 3, 1991, Brian Allen and Steven C. Allen gave a mortgage to
Dauphin National Bank which was recorded in Dauphin County Record Book 1519,
Page 219.
Allen 01- 038 -C2
Page 6
22. Stephen C. Allen, Brian S. Allen and Allen & Allen had a judgment entered against
them in the amount of $151,244.48 by Dauphin National Bank on May 1, 1995.
a. This judgment was entered in the Court of Common Pleas, Dauphin County,
PA, Civil Action No. 1081 N 1995.
b. The recorded judgment was as follows:
Principal: $ 139,443.38
Interest: $ 4,413.72
Late Fees: $ 132.40
Costs: $ 55.50
Attorney Fees: $ 7 199.48
Total $ 151,244.48
c. This judgment was for real estate property located at 339 South 30 Street,
Penbrook, Dauphin County, subject to a mortgage obligation to Dauphin
National Bank.
d. On or about May 2, 1995, the Dauphin National Bank foreclosed on such
mortgage and entered judgment against both Brian Allen and Steven Allen in
the amount of $151,244.48 at No. 1081 N. 1995.
e. On or about July 29, 1995, Brian Allen filed a Petition in Bankruptcy in the
United States District Court for the Middle District of Pennsylvania at case
numbers 1 -95 -01468 and 1 -95- 01259. This resulted in an automatic stay
being put in place insofar as the collection of debts were concerned and the
only way debts could be collected was by seeking relief from the automatic stay
in Federal Bankruptcy Court.
f. On May 22, 1996, the Dauphin National Bank (now called the Vartan National
Bank) was the high bidder on a sale conducted by the Trustee in Bankruptcy for
the property which was the subject of the mortgage obligation — 399 South 30
Street, Penbrook, Dauphin County, Pennsylvania.
The Dauphin National Bank never filed a petition pursuant to the requirements
of the Deficiency Judgment Act, 42 Pa.C.S.A. §8103(a) and under
Pennsylvania law no debt exists where there is a failure by the foreclosing bank
to file a timely petition under the Deficiency Judgment Act against the owner of
property. See, Fidelity Federal Savings and Loan v. Capponi, 684 A.2d 580
(1996).
g.
23. Allen's debt to Dauphin National Bank a /k/a Vartan National Bank was satisfied as a
result of this sale.
a. Allen issued Vartan National Bank a check in the amount of $15.50 with a
request to satisfy the mortgage on or about April 14, 1999.
b. Vartan National Bank never filed a satisfaction piece on this property with
Dauphin County.
24. Allen should have included Dauphin National Bank and /or Vartan National Bank as a
creditor in excess of $6,500 on his Statement of Financial Interests for calendar year
1996, filed in 1997.
a. Such debt existed until sometime in the Fall of 1996.
Allen 01- 038 -C2
Page 7
b. Allen's property was sold on May 22, 1996.
c. The balance owned as of May 22, 1996, was at least $151,244.48.
25. Allen opened a catering business known as Allen's Gartering [sic] during 2000.
a. Allen is the sole owner of this business.
b. Allen has both an employment and financial interest in Allen's Catering.
26. Allen failed to disclose his ownership and financial interests in Allen's Catering on his
Statement of Financial Interests form filed for calendar year 2000.
27. Allen did disclose Allen's Catering as a source of income on his 2000 calendar year
Statement of Financial Interests.
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Brian Allen, hereinafter Allen, 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 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 Allen, as a Susquehanna Township Commissioner, violated
Sections 3(a)/1103(a) and 5(b)(4), (8) and (9)11105(b)(4), (8) and (9) of the Ethics Act when
he participated in board actions as to his mother's appointment as township treasurer; and
failed to disclose on Statements of Financial Interests (SFI's) creditors in excess of $6,500.00,
and his financial interest and employment in Allen's Catering.
Pursuant to Section 3(a)/1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest.
The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows:
Section 2/1102. Definitions
"Conflict" or "conflict of interest." Use by a public official
or public employee of the authority of his office or employment or
any confidential information received through his holding public
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
Allen 01- 038 -C2
Page 8
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), (8) and (9)/1105(b)(4), (8) and (9) of the Ethics Act requires that:
Section 5/1105. Statement of financial interests
* **
(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:
(4) The name and address of each creditor to whom is
owed in excess of $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.
(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.
65 P.S. §405(b)(4), (8) and (9)/65 Pa. C.S. §1105(b)(4), (8) and (9)
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.
Allen has served as a Susquehanna Township Commissioner since January of 1998.
When the Township Treasurer announced her resignation in a letter of November 20, 2000,
Allen's mother, Nancy Blair (Blair), submitted a letter of application and resume nine days
later. Blair had previously served as the Deputy Treasurer for Susquehanna Township from
1984 until 1992.
When the township board formerly accepted the treasurer's resignation at a December
14, 2000, board meeting, the Township Manager arranged for a legal advertisement on
December 15, 2000, announcing the vacancy in the township treasurer position. By
December 21, 2000, the township received eight applications, including the application of Blair
who had filed prior to the advertisement. The Township Manager sent letters to Blair and the
other candidates requesting their attendance at a December 27, 2000, meeting for public
interviews before the board. All candidates appeared and the manager interviewed each
candidate, asking the same series of questions. Allen and the other commissioners were
present but were not involved in the interview process.
After the completion of the interviews, two of the candidates, Blair and Lori Ribbans,
were nominated for the treasurer position. The vote of the board for the two candidates was
six votes for Blair and three for Ribbans. Allen voted in favor of Blair. A motion was then
made for a unanimous vote for Blair which motion unanimously passed.
At a subsequent board meeting in January 2001, a township resident raised the issue
of conflict regarding the appointment of Blair as Township Treasurer given that Allen is a
board member. Allen made a response that he had voted for his spouse to the Recreation
Advisory Committee for which she receives no compensation, voted for his mother as
Allen 01- 038 -C2
Page 9
Township Treasurer, and expressed pride in his appointments. Blair began serving as
Treasurer, receiving a net pay bi- weekly of $346.76. The township payroll is part of a monthly
bills list which is voted on in its entirety by a single motion. The township meeting minutes
reflect that Allen articipated in approving 18 bills lists which included payments to Blair
totaling $9,384.85.
Separate and apart from the above, Allen as a Township Commissioner is required to
annually file SFI's. Allen filed SFI's for the calendar years 1996 through 2000 listing certain
financial interests as delineated in Fact Finding 20. In January of 1991, Brian and Steven
Allen gave a mortgage to Dauphin National Bank which entered judgment against them in the
amount of $151,244.48 on May 1, 1995. After the Dauphin National Bank foreclosed on the
mortgage, Allen, in July of 1995, filed a Petition in Bankruptcy with the U.S. District Court for
the Middle District. In May of 1996, the Dauphin National Bank submitted the high bid on the
sale of the property conducted by the Bankruptcy Trustee. However, Dauphin National Bank
failed to file a petition pursuant to the Deficiency Judgment Act; as a legal consequence, the
debt extinguished due to the failure of the foreclosing bank to file such a petition.
Consequently, Allen's debt to the Dauphin National Bank was satisfied as a result of the sale.
However, Allen failed to list Dauphin National Bank as a creditor for his 1996 calendar year
SFI when the debt still existed.
Allen opened Allen's Catering, a catering business in 2000. Allen, the sole owner of
the business, has a financial interest as well as employment in that business. Even though
Allen disclosed his business as a source of income for the 2000 calendar year, he failed to
disclose his ownership and financial interests in Allen's Catering on his SFI.
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. An unintentional technical violation of Section 3(a)/1103(a) Ethics Act as to Allen's
actions in relation to the appointment of his mother as township treasurer, given the
advice received from the township solicitor;
b. A violation of Section 5(b)(4)/1105(b)(4) of the Ethics Act when Allen failed to disclose
on his SFI filed for calendar year 1996 (filed 03/08/97) all creditors in excess of
$6,500.00;
c. No violation of Section 5(b)(4), (8) and (9)/1105(b)(4), (8) and (9) of the Ethics Act
when Allen failed to disclose on his SFI for calendar year 2000 (filed 03/01/01) his
financial interest in Allen's Catering, a legal entity engaged in business for profit, and
his employment in Allen's Catering as such was reported as a source of income on
such statement; and
d. A payment by Allen in the amount of $250.00 to the Commonwealth of Pennsylvania
through this Commission within 30 days of the issuance of the final adjudication in this
matter.
As to the allegation concerning Allen's action relative to the appointment of his mother
to the position of Township Treasurer, there were uses of authority of office on the part of
Allen. But for the fact that Allen is a Township Commissioner, he would not have been in a
position to vote for Blair as one of the two final candidates for that position. In addition, Allen
participated in the action to have a unanimous vote for the hiring of Blair. Further, Allen
participated in approving many bills lists, which included payments to Blair. All such actions
were uses of authority of office. See, Juliante, Order 809. The uses of authority of office on
the part of Allen resulted in a private pecuniary benefit consisting of the salary that Blair
received. The private pecuniary benefits inured to Blair who, as Allen's mother, is a member
Allen 01- 038 -C2
Page 10
of his immediate family as that term is defined under the Ethics Act. Accordingly, Allen
unintentional) /technically violated Section 3(a)/1103(a) of the Ethics Act when he used the
authority of office as to the appointment of his mother to a compensated position as Township
Treasurer. See, Bartholomew, Order 1196.
As to the two SFI allegations, the stipulated findings reflect that Allen had Dauphin
National BankNartan National Bank as a creditor in excess of $6,500 for the calendar year
1996 but failed to list that entity on his SFI. Accordingly, Allen violated Section violated
5(b)(4)/1105(b)(4) of the Ethics Act when he failed to disclose Dauphin National BankNartan
National Bank as a creditor for the 1996 calendar year SFI.
Finally, as to the SFI allegation concerning the failure to list Allen's Catering for the
2000 calendar year SFI, the record reflects that Allen listed the entity as a source of income
but failed to list Allen's Catering as a legal entity engaged in business for profit and his
employment therein. As noted above, the Consent Agreement proposes no violation based
upon the fact that Allen's Catering was listed as a source of income on the 2000 calendar year
SFI. Under the Ethics Act, where a filer has a financial interest that needs to be disclosed in
more than one category, the disclosure of that financial interest in one category does not
excuse the failure to disclose that interest in the other applicable categories. See, 51 Pa.
Code §17.10(a). Although the disclosure by Allen as to his interest in that legal entity and
employment is legally required, it appears that the Investigative Division, through the exercise
of prosecutorial discretion, has opted not to pursue that aspect of the case. Accordingly, Allen
did not violate Section 5/(b)(8) and (9)/1105(b)(8) and (9) when he failed to list his interest in
Allen's Catering as a legal entity and his employment, based upon a non pros by the
Investigative Division.
Allen is directed to file amended SFI's listing Dauphin National BankNartan National
Bank as a creditor for the calendar year 1996 and listing Allen's Catering as a legal entity
engaged in business for profit as well as his employment therein for calendar year 2000. The
original amended SFI's are to be filed within 30 -days of the mailing of this Order with
Susquehanna Township with copies filed with this Commission for compliance verification.
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 totalit y of the facts and circumstances. Accordingly, Allen is directed to file
amended as noted above and make payment of $250 to the Commonwealth of
Pennsylvania through this Commission within 30 -days of the mailing of this Order.
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. Allen, as a Commissioner for Susquehanna Township, is a public official subject to the
provisions of Act 9 of 1989 as codified by Act 93 of 1998.
2. Allen unintentionally /technically violated Section 3(a)/1103(a) of the Ethics Act when
he used the authority of office as to the appointment of his mother to a compensated
position as Township Treasurer.
3. Allen violated Section violated 5(4)/1105(b)(4) of the Ethics Act when he failed to
disclose Dauphin National BankNartan National Bank as a creditor for the 1996
calendar year Statement of Financial Interests.
4. Allen did not violate Section 5(b)(8) and (9)/1105(b)(8) and (9) of the Ethics Act for the
2000 calendar year Statement of inancial Interests when he failed to list his interest in
Allen's Catering as a legal entity and his employment, based upon a non pros by the
Investigative Division.
Allen 01- 038 -C2
Page 11
In Re: Brian Allen
ORDER NO. 1265
File Docket: 01- 038 -C2
Date Decided: 12/4/02
Date Mailed: 12/16/02
1. Allen, as a Commissioner for Susquehanna Township, unintentionally /technically
violated Section 3(a)/1103(a) of the Ethics Act when he used the authority of office as
to the appointment of his mother to a compensated position as Township Treasurer.
2. Allen violated Section violated 5(4)/1105(b)(4) of the Ethics Act when he failed to
disclose Dauphin National BankNartan National Bank as a creditor for the 1996
calendar year Statement of Financial Interests.
3. Allen did not violate Section 5(b)(8) and (9)/1105(b)(8) and (9) of the Ethics Act for the
2000 calendar year Statement of inancial Interests when he failed to list his interest in
Allen's Catering as a legal entity and his employment, based upon a non pros by the
Investigative Division.
4. Allen is directed to file amended Statements of Financial Interests listing Dauphin
National BankNartan National Bank as a creditor for the calendar year 1996 and listing
Allen's Catering as a legal entity engaged in business for profit as well as his
employment for calendar year 2000. The amended Statements of Financial Interests
are to be filed within 30 -days of the mailing of this Order with Susquehanna Township
with copies filed with this Commission for compliance verification.
5. Per the Consent Agreement of the parties, Allen is directed to make payment of $250
to the Commonwealth of Pennsylvania through this Commission within 30 -days of the
mailing of this Order.
6. Compliance with paragraphs 4 and 5 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