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HomeMy WebLinkAbout1802 YoderPHONE: 717-783..1610 TOLL FREE: 1-800-932-0936 In Re: Robert M. Yoder, Respondent dd ryr �rT STATE ETHICS COMMISSION FINANCE BUILDING File Docket: X-ref: Date Decided: Date: Mailed: FACSIMILE: 717-787-0806 WEBSrrE: www.ethic§.pAapv 18-027 Order No. 1802 4/21/22 4/22/22 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Melanie DePalma Michael A. Schwartz Shelley Y. Simms This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et M., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed, and a hearing was held. The record is complete. I. ALLEGATIONS: That Robert Yoder, a public official/public employee in his capacity as a Member and Chairman of the Lower Frederick Township ("Township") Board of Supervisors, violated Sections 1103(a), 1104(a), 1104(d), 1105(b)(1), and 1105(b)(5) of the State Ethics Act (Act 93, of 1998): (1) When he used the authority of his, public position for the private pecuniary benefit of himself and/or a member of his immediate family when he participated in Board of Supervisors discussions and actions resulting in the hiring of his spouse as an employee of the Township, initially for a part-time clerical position and subsequently as a full-time administrative assistant; (2) When he approved Township payroll which included payments to his spouse; (3) When he utilized Township equipment, namely a Case 580 Super M backhoe, to transport firewood to his property; Yoder, 18-027 Page 2 (4) When he utilized Township liability insurance in relation to damage that he caused to a utility pole owned by PECO while using the Township backhoe to transport firewood; (5) When he failed to file annual Statements of Financial Interests for calendar years 2013 and 2014; (6) When he failed to list the Township as a source of income upon Statements of Financial Interests for the 2015 and 2016 calendar years; and (7) When he filed deficient Statements of Financial Interests by listing incorrect and/or omitting information upon his 2016 and 2017 calendar year Statements of Financial Interests, namely listing the incorrect year upon his 2016 filing and omitting his address from his 2017 filing. II. FINDINGS: A. Pleadings 1. Upon receiving and reviewing a signed, sworn complaint alleging that Robert M. Yoder ("Yoder") violated provisions of the State Ethics Act (Act 93 of 1998), the Investigative Division of the State Ethics Commission initiated a preliminary inquiry on June 12, 2018. 2. The preliminary inquiry was completed within sixty days. a. The Commission, through the Executive Director, initiated a full investigation on August 8, 2018. 3. On August 8, 2018, a letter was forwarded to Yoder by the Investigative Division of the State Ethics Commission, informing him that a complaint against him was received by the Investigative Division and that a full investigation was being commenced. a. Said letter was forwarded by certified mail, no. 7016 3560 0001 0041 4446. b. The domestic return receipt bore the signature of Bonnie Yoder, with a delivery date of August 10, 2018, 4. Periodic notice letters were forwarded to Yoder, c/o Marc Robert Steinberg, Esquire, at least every ninety days in accordance with the provisions of the Ethics Act, advising him of the general status of the investigation. The Investigative Complaint/Findings Report was mailed to Yoder on January 23, 2019. a. The Investigative Complaint/Findings Report was issued within 168 days of the initiation of a full investigation. Yoder, 18-027 Page 3 6. Yoder served as a Supervisor for Lower Frederick Township ("Township"), Montgomery County, Pennsylvania, from January 5, 2010, until May 1, 2018. a. Yoder's resignation from the Township Board of Supervisors (`Board of Supervisors") was accepted on May 1, 2018. b. Yoder, in a letter to the Board of Supervisors, advised that the reason for his resignation was to pursue other interests and to enjoy his retirement. 7. Yoder served as Chairman of the Board of Supervisors from 2014 until his resignation on May 1, 2018. a. Yoder served as Vice -Chairman of the Board of Supervisors for calendar years 2012 and 2013. b. Yoder also served as a Member of the Central Perkiomen Valley Regional Planning Commission during calendar years 2014 through 2017. 8. The Township is a Second Class Township governed by a three -Member Board of Supervisors which is charged with general governance of the Township and corporate powers of the Township. 9. The Board of Supervisors holds two legislative meetings each month. a. One meeting is held on the first Tuesday of the month, and the other meeting is held on the last Tuesday of the month. b. Special meetings are held as necessary. 10. Supervisors receive gross yearly compensation of $1,875.00 for their service on the Board of Supervisors. 11. Voting at a Board of Supervisors meeting generally occurs via a roll call vote after a motion is made and properly seconded. a. In general, objections and/or abstentions are specifically noted within the meeting minutes. 1. The Board of Supervisors generally utilizes abstention memorandums to memorialize abstentions. 2. Yoder filed abstention memorandums before the Board of Supervisors on November 10, 2016, November 29, 2016, and June 27, 2017. 3. The abstention memorandums filed by Yoder pertained to conflicts of interests specifically involving a member of his immediate family. Yoder, 18-027 Page 4 12. Minutes of Board of Supervisors meetings are prepared by the Township Manager. a. Supervisors are generally presented with the meeting minutes prior to the following meeting to review them for accuracy. b. The Board generally votes to approve minutes of the prior meeting at the subsequent legislative meeting. 13. Pay increases for Township employees are approved by the Board of Supervisors after an official vote. a. In general, executive sessions are held by the Board of Supervisors to discuss pay increases for Township employees prior to an official vote. 14. Salaries and wages for Township employees are line items included within the budgets of each calendar year. 15. In December of each year, the Township Manager presents the proposed budget for the next calendar year to the Board of Supervisors as a Resolution during a public meeting of the Board of Supervisors. a. In general, executive sessions are held by the Board of Supervisors to discuss budget appropriations prior to taking an official vote. b. Following an executive session, the Township Budget Resolution is voted on by the Board of Supervisors at a public meeting. 16. Payroll for Township employees is included in the monthly bill lists that are presented to the Board of Supervisors for approval. a. Township employees either participate in direct deposit or receive a paper paycheck. b. Supervisors do not participate in signing payroll checks for Township employees who participate in direct deposit. 17. Payroll payments for Township employees are attached to the monthly bill lists. a. Bill lists are presented by the Township Manager to the Board of Supervisors during monthly meetings. b. An official vote is taken to approve Township bill payments each month. C. Payroll is presented as a single item and does not individually list each employee. THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT YODER PARTICIPATED IN DISCUSSIONS TO HIRE HIS WIFE FOR A PART-TIME Yoder, 18-027 Page 5 ADMINISTRATIVE POSITION WITH THE TOWNSHIP IN SEPTEMBER 2016 AND TO LATER PROMOTE HER TO FULL-TIME EMPLOYMENT. 18. Bonnie Yoder ("Mrs. Yoder") is Yoder's spouse and a member of his immediate family. 19. During an August 30, 2016, meeting of the Board of Supervisors, Township Manager Tamara Twardowski ("Twardowski") informed the Board of Supervisors that Township Receptionist Fern Maiello ("Maiello") would be retiring effective September 6, 2016. a. Maiello was a full-time Township employee and was compensated at the rate of $19.51 per hour at the time of her retirement. 20. Immediately following Twardowski's announcement on August 30, 2016, Yoder indicated to those present at the meeting that Mrs. Yoder might be interested in being hired for the vacant part-time Administrative Assistant position. 21. The next day, on August 31, 2016, Mrs. Yoder contacted Twardowski to inquire about the open part-time Township Administrative Assistant position. a. Mrs. Yoder stated in the email, "Dear Tamara: I heard from Bob that due to personal circumstances Fern will be leaving her Administrative Assistant position at the township this coming Tuesday, September 61h. I understand you will be looking to hire a temporary replacement to fill the immediate needs at the front office. I would like the opportunity to talk with you to discuss the position requirements as well as how I could assist the Township during this transition. I am currently in the process of updating my resume but wanted to reach out to you immediately so that you are aware that I am available and interested in this position. I look forward to hearing back from you. My cell number is [cell phone number redacted] if you would like to contact me on my cell. Thank you, Bonnie Yoder." b. The email confirms that Yoder informed his wife of the open part-time position with the Township after learning that Maiello would be retiring effective September 6, 2016. 22. Twardowski responded to Mrs. Yoder on August 31, 2016, via email. a. Twardowski stated in the email, "Thanks for the email. I'm not sure how much Bob fill you in on, but I am currently investigating outsourcing some of the duties that Fern did as the sewer clerk and if we end up doing that it will have a definite impact on our needs, so I was hesitant to rush into hiring when I'm not sure what we will need. However, there is at least a temporary need for someone to help answer phones, greet people at the window, etc. I have reached out to a couple temp agencies to get some information, but if you have some time tomorrow, I will be in all day would be happy to talk with you for a few minutes on what I think I will be looking for. If tomorrow works for you; just let me know a good time. I will be free most of Tuesday late morning/afternoon." Yoder, 18-027 Page 6 23. Mrs. Yoder responded to Twardowski via email and scheduled a meeting with her at the Township on September 1, 2016. 24. Twardowski met with Mrs. Yoder on September 1, 2016, to discuss the part-time position. a. Mrs. Yoder informed Twardowski that she was interested in the position and was an avid learner. 25. The Township offered health insurance as a benefit to full-time employees only. 26. The job description for the part-time Administrative Assistant position outlined the following requirements: a. High school diploma or GED and two years of increasingly responsible secretarial and administrative support work; or associates degree in business administration with one year of secretarial or administrative support work. b. Prior municipal experience highly preferred. C. Working knowledge of municipal administrative functions and operations preferred. d. Valid driver's license. e. Proficiency and experience using Microsoft Word, Excel and Outlook. f. General knowledge of office management practices and procedures. g. Ability to operate or use standard office equipment. 27. On or about September 6, 2016, Mrs. Yoder submitted a job application and resume for the position of part-time Administrative Assistant to Twardowski. a. Mrs. Yoder listed previous work history in medical offices pertaining to billing. b. Mrs. Yoder listed her education as a B.S. degree in physical education from East Stroudsburg University in 1983, C. Mrs. Yoder requested $20.00 per hour as her desired salary. d. Mrs. Yoder was earning $20.00 per hour at Schwenksville Dental Care prior to resigning in April 2016. 28. No official vote was taken by the Board of Supervisors to approve Mrs. Yoder's hiring or rate of pay as a part-time Administrative Assistant. Yoder, 18-027 Page 7 29. Mrs. Yoder acknowledged during a November 1, 2018, investigative interview that she learned of the position from Yoder. a. Mrs. Yoder was not employed when her husband told her about the open position with the Township. b. Mrs. Yoder resigned from her employment as a front desk receptionist at the Schwenksville Dental Care office in April 2016. 1. Mrs. Yoder's application for employment with the Township reflected that she retired from Schwenksville Dental Care. 2. Mrs. Yoder explained during the November 1, 2018, interview that she resigned from Schwenksville Dental Care to spend time with her son before he attended college. 30. Twardowski drafted an offer letter to Mrs. Yoder and forwarded the offer letter and a copy of the job description to the Township Solicitor, Thomas Keenan, Esquire ("Keenan"), for review. 31. On September 8, 2016, Keenan emailed Twardowski, stating "Tamara, thanks for forwarding to me your letter and the attached job description for review. I have not touched the job description as it appears to be well done and certainly included everything I can think of However, I have changed the cover letter slightly. I made it sound awkward, but I would like the record to be clear that Mr. Yoder did not direct the employment of his wife." 32. Mrs. Yoder was hired and began employment with the Township on September 9, 2016. a. Mrs. Yoder was initially compensated at approximately $15.00 per hour for approximately 16 to 24 hours per week. 33. On November 3, 2016, Twardowski advised Yoder that a full-time Township employee must complete one month of continuous service as a full-time employee before being eligible to receive health insurance benefits per the Township employee handbook. a. At that time, Mrs. Yoder had been a part-time employee working approximately two months. 34. On November 9, 2016, the Township's labor attorney, Christopher Gerber, Esquire ("Gerber"), submitted a letter to the Board of Supervisors and Keenan. a. Gerber stated in the letter, "On November 7, 2016,1 received a telephone call from Township Manager Tamara Twardowski who informed me she had some concerns about a personnel matter. In particular, Ms. Twardowski informed me that she has been instructed to commence health insurance benefits for Bonnie Yoder, Mr. Yoder's wife, effective January 1, 2017. Ms. Twardowski informed me that she Yoder, 18-027 Page 8 told Mr. Yoder that Mrs. Yoder would not be eligible for health insurance benefits until February 1, 2017, in accordance with the Township's policy that addresses eligibility for group health insurance for full-time employees. The Township policy provided to me by Ms. Twardowski, states in relevant part "group health insurance is available to all full-time employees. Coverage will become effective on the first day of the month following one month of continuous employment." A copy of that portion of the policy is attached hereto for reference. I further understand that Ms. Twardowski informed Mr. Yoder that she would require the direction of two supervisors in order to authorize the foregoing actions as well as the change of Mrs. Yoder's salary and employment status from part-time to full-time. Ms. Twardowski further advised me that she informed Mr. Yoder that a change in policy would have to be affected by the majority of the Board of Supervisors. She also raised concerns about whether Mr. Yoder should have any direct or indirect involvement in decisions that may involve a financial benefit to his wife. Ms. Twardowski also expressed concern that she may lose her job if she raised the foregoing issues with the Board of Supervisors. Adverse employment action in retaliation for good faith report of waste or wrongdoing would violate her rights under the Pennsylvania Whistleblower Law. In view of the foregoing, I recommend the Board addresses this issue as soon as possible. I would look forward to discussing the same with you at your earliest convenience. I look forward to hearing from you. I am copying Mr. Keenan on this letter for his information. Thank you." 35. On November 10, 2016, Township Co -Solicitor Damien Brewster, Esquire ("Brewster") submitted a Confidential Memorandum to the Board of Supervisors in response to the letter Gerber had sent to the Board of Supervisors. a. Brewster stated in the Confidential Memorandum, "Mr. Gerber's letter indirectly alleges a potential violation of the Act by alleging that Bob (a public official) "instructed" Tamara to "commence health insurance benefits" (a pecuniary benefit) for Bonnie (a member of Bob's immediate family). Since a violation of this section of the Act is a felony punishable by a fine up to $10,000 and imprisonment up to five years, we want to make sure that we stay well to the right side of it. Mr. Gerber's letter puts us all on notice that this is a sensitive issue. It is clear that Mr. Gerber was aware of the Act at the time that he wrote this letter. The fact that he did not mention the Act by name and did not suggest the filing of a formal complaint with the State Ethics Commission indicates to me that his intention was to try to resolve this issue without any formal action, which is encouraging. We recommend that Bob not discuss, make inquiries about, or participate in any decisions related to Bonnie's employment and the terms and conditions thereof, including insurance coverage. Ron and Terry handle all public discussions of and decisions related to Bonnie's employment and the terms and conditions thereof, including insurance coverage. Ron and Terry handle any and all private interactions with Tamara related to Bonnie's employment. The Supervisors do not do anything that could be construed as retaliation against Tamara. The Supervisors not discuss Mr. Gerber's letter, or the allegations contained in it with Tamara or Mr. Gerber and act as if nothing happened (other than the recommendations in this Memorandum). Tom and I contact Mr. Gerber and smooth this over. I will attend the budget meeting tonight, Yoder, 18-027 Page 9 and I have prepared a Conflict of Interest Abstention memorandum for Bob to sign regarding budget issues involving Bonnie's employment." 36. Brewster drafted a memorandum to the file that documented a conversation he had with Gerber on November 10, 2016. a. According to Brewster's memorandum, Gerber stated, "I don't represent Tamara (Twardoski), I represent the Township! I'm trying to keep them out of trouble." 37. On November 10, 2016, Yoder filed an abstention memorandum regarding a conflict of interest. a. The abstention memorandum stated, "Pursuant to Pennsylvania's Public Official and Employee Ethics Act I hereby declare that I am required to abstain from the discussion or any motions involving budget issues involving the employment of Bonnie Yoder and any terms and conditions thereof. My conflict or reason for abstaining is that Bonnie Yoder is my wife, and a member of my immediate family." b. Yoder's signature is affixed to the abstention memorandum. 38. Mrs. Yoder's salary was at least partially allocated under the Township Sewer Budget. a. Mrs. Yoder's primary job responsibilities included processing sewer billing for the Township. 39. On November 28, 2016, Mrs. Yoder submitted a letter to Twardowski, carbon copied to Township Supervisors Terry Sacks ("Sacks") and Ron Kerwood ("Kerwood"), requesting full-time employment, which included Township -provided health insurance benefits. a. Mrs. Yoder stated in the letter, "As you are now in the process of preparing the budget for 2017 I would like to know if the Township is considering expanding my current position to full time. If that is the case I would like to express my interest in likewise expanding my hours to full-time. Additionally, open enrollment of my current medical insurance plan closes December 31, 2016. Should I have the opportunity to go full time and have medical benefits thru the Township, it would be helpful to know whether or not I will need to renew my plan in the coming weeks to have coverage starting January 1, 2017." 40. On November 29, 2016, an official vote was taken by the Board of Supervisors to approve Mrs. Yoder for full-time employment with a salary increase. a. Meeting minutes reflect, "Mr. Kerwood and Mr. Sacks authorized Mrs. Yoder to be offered a full-time position with a salary increase starting January 1, 2017 with benefits to be effective January 1, 2017. Mr. Yoder abstained from the discussion and vote and executed a conflict of interest abstention memorandum." Yoder, 18-027 Page 10 41. Keenan met with Yoder on December 7, 2016, to discuss Mrs. Yoder's employment with the Township and his role as a Supervisor. a. Keenan reviewed the Pennsylvania Whistleblower Law with Yoder. 1. Gerber, in his November 9, 2016, letter, addressed the Pennsylvania Whistleblower Law that pertained to allegations made against Yoder by Twardowski. 42. During a December 20, 2016, meeting of the Board of Supervisors, Mrs. Yoder was approved to receive a pay increase to $20.00 per hour. a. Meeting minutes reflect that a motion was made by Kerwood and seconded by Sacks to approve the Administrative Assistant [Bonnie Yoder] salary increase. 43. Mrs. Yoder received Township -provided health insurance benefits before completing one month of continuous employment as a full-time employee as required by Township policy and the Township's established employee handbook. 44. Mrs. Yoder's monthly health insurance premium is paid in full by the Township. a. Mrs. Yoder's health insurance premiums and prescription coverage cost the Township approximately $1,600.00 per month. 45. During a May 30, 2017, Board of Supervisors meeting, a vote was taken by the Board of Supervisors to approve an employment severance agreement between the Township and Twardowski. a. The severance agreement was approved by a 2-0 vote. b. Yoder abstained from voting to approve the severance agreement. 46. On .tune 12, 2017, Mrs. Yoder submitted a letter to the Board of Supervisors, requesting a reevaluation of her jab responsibilities. a. Mrs. Yoder stated in the letter, "Since the departure of the Township Manager, I have been performing duties well beyond the scope of my current job description as an Administrative Assistant." b. In the letter, Mrs. Yoder requested an increase in pay to $30.00 per hour to reflect her additional responsibilities. 47. During a June 27, 2017, Board of Supervisors meeting, Mrs. Yoder was approved by a 2- 0 vote for new positions of Township Administrator, Assistant Township Treasurer, and Assistant Open Records Officer. Yoder, 18-027 Page 11 a. Yoder abstained from the official vote and did not participate in signing Resolutions 2017-28, 2017-39, and 2017-41 that approved his wife's new employment positions. b. Yoder submitted an abstention memorandum that stated, "Pursuant to Pennsylvania's (Public Official and Employee Ethics Law) I hereby declare that I am required to abstain from the discussion or any motions involving the employment of Bonnie Yoder and any terms and conditions thereof. My conflict or reason for abstaining is that Bonnie Yoder is my wife, and a member of my immediate family." C. Yoder's signature is affixed to the abstention memorandum. 48. Mrs. Yoder received the following income from the Township as reported on W-2 Wage and Tax Statements. a. 2016: $4,308.75. b. 2017: $50,740.00. C. As of October 22, 2018, Mrs. Yoder had earned approximately $50,460.00 based on her hourly rate of $30.00 and 1,682 hours worked. 49. Between January 1, 2017, and June 30, 2017, Mrs. Yoder was paid an additional $5.00 per hour by the Township, for total compensation of $20.00 per hour, due to her hiring as a full-time employee beginning January 1, 2017. 50. Township employees can participate in direct deposit in lieu of receiving a paper paycheck. a. Mrs. Yoder participated in direct deposit and did not receive a paper paycheck from the Township. 51. Township employees are paid on a bi-weekly basis. 52. Yoder was absent from a November 8, 2017, Board of Supervisors meeting and did not participate in the vote to approve payroll payments of $2,400.00 on October 18, 2017, and November 1, 2017, for Mrs. Yoder. 53. Between September 2016 and April 2018, Yoder voted to approve the Township Treasurer's report and pay Township bills which included a line item for payroll. a. Yoder resigned from his position as a Supervisor on May 1, 2018. 54. During a December 6, 2016, Board of Supervisors meeting, a vote was taken to approve the 2017 calendar year budget under Resolution 16-39. Yoder, 18-027 Page 12 55. Yoder motioned to approve Resolution 16-39 which adopted the 2017 calendar year budget. a. In addition to the motion, Yoder voted to approve Resolution 16-39 to adopt the 2017 calendar year budget. b. The 2017 calendar year budget was approved by a 3-0 vote. 56. Yoder participated in signing Resolution 16-39 into law. a. Yoder's signature is affixed to the document as Chairman of the Board of Supervisors. 57. For 2018, Mrs. Yoder's salary totaled $62,400.00. a. Mrs. Yoder's salary was based on an hourly pay rate of $30.00, 58. Yoder participated in voting to approve the 2018 calendar year budget. a. Meeting minutes reflect that Township resident Larry Cohen provided public comment questioning Yoder's actions in voting to approve a Township budget that included Mrs. Yoder's salary. b. Brewster advised the Board of Supervisors that a vote to rescind the approval of the 2018 budget should be taken in light of Larry Cohen's comment. C. A vote was taken to rescind the vote to approve the 2018 calendar year budget, with Yoder abstaining. d. A second vote was then taken to approve the 2018 calendar year budget. e. Yoder abstained from the vote, and the 2018 calendar year budget was approved by a 2-0 vote. f. Yoder did not provide an abstention memorandum to document his abstention. 59. Yoder, as Chairman of the Board of Supervisors, signed Resolution 2017-62 which approved the 2018 calendar year budget. THE FOLLOWING FINDINGS RELATE TO YODER'S ALLEGED USE OF A TOWNSHIP BACKHOE FOR NON -TOWNSHIP PURPOSES. 60. On April 8, 2015, Township roadworkers Roger Manning, Thomas Manning, and Raymond Bunt ("Bunt") were removing trees inside the boundaries of Foy Park (1 Main Street, Schwenksville, PA). a. Yoder's address is 1 Main Street, Schwenksville, PA. Yoder, 18-027 Page 13 b. Yoder's property is adjacent to Foy Park. C. Access to Yoder's private residence is through Foy Park's entrance. 61. The roadworkers were using a Township -owned Case 580 Super M backhoe to remove tree debris after cutting down trees in the Township park. 62. Yoder was interested in moving wood from the cut trees to his property. 63. Yoder was given instructions on the operation of the Township backhoe prior to the roadworkers leaving the site for the day at 3:00 p.m. 64. Yoder was not employed with the Township as a roadworker and was not acting as a Township employee at the time he operated Township equipment on April 8, 2015. 65. Prior to leaving the site for the day at 3:00 p.m, on April 8, 2015, Thomas Manning provided Yoder with the key to the Township backhoe. 66. At some time after 3:00 p.m. on April 8, 2015, Yoder started the Township backhoe. 67. While operating the Township backhoe, Yoder struck a DECO guy wire on DECO utility pole 608. a. The guy wire was struck with the boom end of the Township backhoe. b. The guy wire snapped from the force of the Township backhoe, which caused the utility pole to break. C. The incident also caused damage to the power line, which resulted in a power outage. d. The damaged utility line serviced only Yoder's residence. 68. Yoder contacted PECO at 3:43 p.m. on April 8, 2015, to report a power outage and damaged utility pole. 69. Yoder informed Twardowski that the guy line was low and that he struck the guy line with the backend or boom of the Township backhoe. a. Yoder reported to Twardowski that the PECO utility pole was rotted. 70. No vote of the Board of Supervisors was taken to approve filing a liability claim with H.A. Thomson Company for the April 8, 2015, incident. THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT YODER FAILED TO FILE STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR Yoder, 18-027 Page 14 YEARS 2013 AND 2014 AND FILED DEFICIENT STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS 2015, 2016, AND 2017. 71. Yoder filed Statements of Financial Interests ("SFIs") with the Township which included the following disclosures. a. Calendar Year: 2015 Dated: 2/14/2015 on form SEC-1 REV. 01115 Position: Supervisor Occupation: Supervisor Creditors: None Direct/Indirect Sources of Income: PSERS Office Directorship or Employment: None Financial Interests in any Business: None Other Financial Interests: None b. Calendar Year: 2016 Dated: 2/8/2017 on form SEC-1 REV. 01/17 Position: Supervisor Occupation: Supervisor Creditors: None Direct/Indirect Sources of Income. None Office Directorship or Employment: None Financial Interests in any Business: None Other Financial Interests: None C. Calendar Year: 2017 Dated: Not legible, on form SEC-1 Rev. 0 1/ 18 Position: Supervisor Occupation: Supervisor Creditors: None Direct/Indirect Sources of Income: Lower Frederick Township Office Directorship or Employment: None Financial Interests in any Business: None Other Financial Interests: None 72. Yoder listed the incorrect year on his 2016 calendar year SFI filing. a. Yoder listed the filing year as 2017 instead of 2016. 73. Yoder failed to list his address on his 2017 calendar year SFI filing. 74. Yoder received $156.25 each month as a Supervisor for attending monthly Board of Supervisors meetings. 75. Yoder received the following Supervisor salary from the Township as reported on W-2 Wage and Tax Statements for calendar years 2013 through 2017. Yoder, 18-027 Page 15 a. 2013: $1,875.00. b. 2014: $1,875.00. C. 2015: $1,875.00. d. 2016: $1,875.00. e. 2017: $1,875.00. 76. Yoder did not disclose income in excess of $1,300.00 received from the Township on SFTs filed for calendar years 2015 and 2016. 77. Yoder received Supervisor salary from public funds totaling $9,375.00 at a time when he failed to maintain complete and accurate SFTs on file with the Township. B. Testimony 78. Roger W. Manning ("Roger Manning") is employed with the Township as an Equipment Operator/Laborer 1. a. On April 8, 2015, Roger Manning and at least one other Township employee were working in Foy Park in the Township between the hours of 7:00 a.m. and 3:00 p.m., clearing brush and small trees with the Township's Case 580 Super M backhoe. 1. Township Roadmaster Thomas Manning was present in Foy Park for at least part of the day. b. Roger Manning testified that Yoder, who lives next to Foy Park, came by around 2:30 p.m. when the Township workers were finishing up for the day and asked if he could have some of the wood that was lying on the ground. 1. Roger Manning testified that Yoder was not working with him in Foy Park that day. C. Roger Manning showed Yoder where the key to the Township backhoe was located, instructed Yoder on how the Township backhoe worked, and told Yoder that if he wanted to load wood in the backhoe bucket, the Township workers could haul the wood to Yoder's property and dump it when they returned to work the next day. d. Roger Manning testified that he did not believe Yoder was going to use the Township backhoe, so he locked it up and left for the day. 79. Raymond E. Bunt 11r ("Bunt") was employed with the Township road crew in 2015. Yoder, 18-027 Page 16 a. On April 8, 2015, Bunt and Manning were working in Foy Park, clearing trees with the Township backhoe. Bunt testified that Yoder was not working with him in Foy Park that day. b. At some point in time on April 8, 2015, Yoder, who had been offered wood from the cut trees by Township Roadmaster Thomas Manning, stopped by Foy Park with his tractor and wagon. 80. Terrance Sacks ("Sacks") was a Township Supervisor from approximately 2014 to February 2019. a. Typically, after an open position with the Township is advertised, the Township Manager interviews candidates and recommends a candidate to the Board of Supervisors, which then votes on whether to hire the candidate. b. At a meeting of the Board of Supervisors on August 30, 2016, Township Manager Twardowski informed the Township Supervisors that Township Receptionist Maiello would be retiring immediately from her Township employment. C. Twardowski told the Township Supervisors that she wanted to hire someone on a part-time basis at least in the interim. d. During the August 30, 2016, meeting of the Board of Supervisors, Yoder indicated that Mrs. Yoder would be interested in a position with the Township. During an executive session of the Board of Supervisors on September 6, 2016, Twardowski informed the Township Supervisors that Mrs. Yoder had applied for a part-time position with the Township. 1. Yoder did not participate in a discussion between Sacks, Supervisor Kerwood, Township Solicitor Keenan, and Twardowski about whether to hire Mrs. Yoder, and he did not participate in a vote of the Board of Supervisors that approved the hiring of his wife as a part-time Township employee on a temporary basis at a pay rate of $15.00 per hour. f. Mrs. Yoder began part-time employment with the Township in September 2016, and she performed clerical tasks and sewer billing for the Township. g. In November 2016, Twardowski indicated that Mrs. Yoder would like to transition to full-time employment at a pay rate of $20.00 per hour, with health insurance benefits beginning January 1, 2017. h. On November 29, 2016, the Board of Supervisors voted to offer Mrs. Yoder full- time employment with the Township. )Loder, 18-027 Page 17 1. Yoder did not participate in the vote that approved full-time employment for Mrs. Yoder. 2. Sacks claimed that he did not recall Yoder mentioning anything to him about health insurance benefits for Mrs. Yoder beginning January 1, 2017. 3. Sacks testified that he does not think Mrs. Yoder received health insurance benefits immediately upon starting full-time employment because there was a waiting period for those benefits. 4. Sacks claimed that he did not recall receiving the letter dated November 9, 2016, from Gerber, the Township's labor attorney, regarding Twardowski's conversation with Yoder about Mrs. Yoder's eligibility for Township - provided health insurance benefits. i. During an executive session of the Board of Supervisors on December 20, 2016, there was a discussion about the fact that Mrs. Yoder wanted a pay rate of $20.00 per hour for the full-time position as opposed to the pay rate of $19.00 per hour which had been offered to her. 1. Yoder did not participate in the discussion regarding Mrs. Yoder's pay rate or in a vote that approved a pay rate of $20.00 per hour for Mrs. Yoder. j. Yoder did not participate in discussions or a vote of the Board of Supervisors in June 2017 that led to the creation of a Township Administrator position which was ultimately filled by Mrs. Yoder. 81. Ronald A. Kerwood ("Kerwood") was a Township Supervisor from 2012 through 2018. a. During a meeting of the Board of Supervisors on August 30, 2016, Township Manager Twardowski informed the Township Supervisors that Township Receptionist Maiello wanted to retire immediately. 1. Kerwood testified that Yoder mentioned in passing that his wife would be interested in the position. b. During an executive session on September 6, 2016, the Board of Supervisors voted to hire Mrs. Yoder for a part-time position with the Township. Yoder did not participate in discussions with regard to how the part-time position would be filled or in the vote which hired his wife for the position. C. Yoder did not participate in a November 29, 2016, vote of the Board of Supervisors that approved Mrs. Yoder for a full-time position with the Township effective January 1, 2017. Yoder, 18-027 Page 18 Kerwood testified that he never heard Yoder indicate that Mrs. Yoder wanted to start receiving health insurance benefits starting January 1, 2017. 2. Kerwood testified that he does "recall the issue about the time on the job before an employee — a full-time employee would be eligible for benefits. And it was determined, and I'm not sure where it came from, that the part- time capacity served for that." (Tr. at 199). 3. Kerwood claimed that he did not recall receiving the letter dated November 9, 2016, from Gerber, the Township's labor attorney, regarding Twardowski's conversation with Yoder about Mrs. Yoder's eligibility for Township -provided health insurance benefits. d. Yoder did not participate in discussions or a vote of the Board of Supervisors which led to the creation of a Township Administrator position in June 2017, and he did not participate in a vote which appointed his wife to the position. 82. Tamara Twardowski ("Twardowski") was employed as the Township Manager from October 2006 to May 2017. a. After Twardowski informed the Township Supervisors during a meeting on August 30, 2016, that Township Receptionist Maiello wanted to retire immediately, Yoder told Twardowski that his wife was interested in a position with the Township. On August 31, 2016, Twardowski received an email from Mrs. Yoder in which Mrs. Yoder expressed her interest in a position with the Township. 2. Twardowski met with Mrs. Yoder on September 1, 2016, and gave her an employment application and asked for a copy of her resume. b. On September 6, 2016, Twardowski received a resume and an employment application from Mrs. Yoder via email. Twardowski testified that she was present at an executive session of the Board of Supervisors held on September 6, 2016, and that during the executive session, Yoder stated that his wife was interested in a position with the Township. 1. Twardowski testified that Yoder told the other two Township Supervisors that his wife could work only 20 hours per week because the Yoders were receiving health insurance under the Affordable Care Act, and Mrs. Yoder would probably accept the position if she was offered $15.00 per hour. 2. Twardowski testified that when Township Solicitor Keenan asked, "Okay then, is everybody okay with hiring her at $15.00 an hour," Township Supervisors Kerwood and Sacks said "yes," and Yoder did not acknowledge the question. Yoder, 18-027 Page 19 d. Following the September 6, 2016, executive session of the Board of Supervisors, Twardowski drafted a letter to notify Mrs. Yoder that the Board of Supervisors had authorized her hiring as a Township employee, and Twardowski then emailed the letter to Keenan for his approval. 1. Keenan revised the letter to reflect that Sacks and Kerwood authorized the hiring of Mrs. Yoder and that Yoder did not participate in the discussion or the decision. 2. Twardowski subsequently sent the revised letter to Mrs. Yoder. C. At some point in time after Mrs. Yoder began working part-time for the Township, she had a conversation with Twardowski about the possibility of working full-time. f Twardowski testified that in early November 2016, Yoder told her that as of January 1, 2017, Mrs. Yoder was going to go full-time and be paid $20.00 per hour, and that Mrs. Yoder's benefits were to start on January 1. 1. Twardowski testified that she explained to Yoder that the other two Township Supervisors would need to vote publicly on Mrs. Yoder's status and that under the Township employee manual, which provides for benefits to start after 30 days of full-time employment, Mrs. Yoder's benefits would start on February 1 if she began full-time employment on January 1. 2. Twardowski testified that Yoder became angry and then replied, "That's bull----." 3. Twardowski testified that at some point in time prior to November 2016, Yoder had asked her about whether Township Supervisors could be on the Township's health insurance plan, and she had informed him that Township -provided health insurance benefits were not available to Township Supervisors at that time. 4. Yoder did not receive Township -provided health insurance benefits until he was included on the family health insurance benefits which were provided to Mrs. Yoder by the Township beginning January 1, 2017. g. Following her conversation with Yoder, Twardowski reached out to the Township's labor attorney, Gerber, for advice because she felt she was in an uncomfortable ethical situation. h. Twardowski received a letter from Mrs. Yoder dated November 28, 2016, in which Mrs. Yoder asked for full-time employment with medical benefits beginning January 1, 2017. 1. Mrs. Yoder's letter dated November 28, 2016, was carbon copied to Kerwood and Sacks. Yoder, 18.027 Page 20 i. Minutes of the November 29, 2016, meeting of the Board of Supervisors reflect that Kerwood and Sacks voted to move Mrs. Yoder from part-time to full-time employment with the Township. 1. Twardowski testified that Yoder was not involved in any discussion at the executive session which involved Mrs. Yoder's benefits or salary. 83. Bonnie Yoder ("Mrs. Yoder") has been employed with the Township since September 2016. a. After Yoder returned home from a work session of the Board of Supervisors in August 2016, he told Mrs. Yoder that Township Receptionist Maiello would be leaving her employment with the Township. 1. Mrs. Yoder subsequently exchanged mails with Township Manager Twardowski about her interest in working for the Township and then met with Twardowski on September 1, 2016, to discuss a temporary position involving the performance of office work for the Township. 2. After Mrs. Yoder met with Twardowski, she provided an employment application and her resume to Twardowski. 3. Mrs. Yoder testified that she had to keep her salary below a certain amount because if that amount had been exceeded, the cost of the Yoders' health insurance could have been $24,000.00 per year. b. ID — 8C is a letter dated September 7, 2016, which Mrs. Yoder received from Twardowski, offering Mrs. Yoder a part-time position with the Township. C. On or about September 16, 2016, Mrs. Yoder began part-time employment with the Township, which involved answering phones, transcribing meeting minutes, and working on sewer billing. d. After Mrs. Yoder had a conversation with Twardowski about going to full-time employment, Mrs. Yoder sent a letter dated November 28, 2016, to Twardowski, in which Mrs. Yoder expressed her interest in full-time employment with the Township. 1. Throughout 2016, the Yoders had government -subsidized family health insurance benefits through the Affordable Care Act, with the subsidy based upon the household's income. 2. In Mrs. Yoder's letter to Twardowski regarding full-time Township employment, Mrs. Yoder mentioned Township -provided health insurance benefits because she and Yoder soon had to decide whether to renew their government -subsidized family health insurance benefits for 2017. Yoder, 18-027 Page 21 When Twardowski informed Mrs. Yoder that she had been approved for a full-time position at a pay rate of $19.00 per hour, Mrs. Yoder said that she would like a pay rate of $20.00 per hour. f. Mrs. Yoder had additional job duties after she moved from part-time to full-time employment, and when Twardowski's Township employment ended in June 2017, Mrs. Yoder began performing work that was not part of her normal job duties. g. After the Township hired a part-time interim Township Manager, Mrs. Yoder wrote a letter dated June 12, 2017, addressed to the Board of Supervisors, requesting that the Board of Supervisors reevaluate her job duties and pay. h. Mrs. Yoder's Township paycheck is deposited into her bank account by direct deposit, and she adds funds to a joint account with Yoder when necessary. 84. Robert M. Yoder ("Yoder") served as a Township Supervisor from 2010 until May 1, 2018. a. Yoder testified that on April 8, 2015, he drove his garden tractor and trailer to Foy Park, where a Township work detail, including Township Roadmaster Thomas Manning, and a crew of work release prisoners were cutting down trees. 1. Yoder testified that he and a couple of the work release prisoners processed wood by cutting it into pieces small enough to fit into the Township backhoe's front end loader and that he used his own equipment to take some wood to his property next to Foy Park. 2. Yoder testified that at the end of the day, he was getting on his garden tractor when Township employee Roger Manning asked him if he wanted to use the backhoe. 3. Yoder testified that he did not ask to use the backhoe and that he said, "No, I don't really want to use the backhoe." 4. Yoder testified that he thought the Township employees "felt like hey if Bob's willing to stay here and work, we're willing to teach him, show him how it works." 5. After Roger Manning showed Yoder how to operate the backhoe, Yoder got on his garden tractor and went home. 6. Yoder testified that although he had decided he was done for the day and was not going to use the backhoe to transport firewood, he returned to Foy Park because he believed the cab door to the backhoe was still open, and he had been instructed by Roger Manning to park the backhoe in the parking area when he was done. Yoder, I8-027 Page 22 7. Yoder testified that he did not put any wood in the front end loader of the backhoe and that he started the backhoe and began driving it toward the parking area. While Yoder was driving the backhoe, the boom of the backhoe became caught on a utility pole guy wire, and the resistance caused the utility pole to come down. 9. After the utility pole came down, Yoder called Roadmaster Manning, who came to Foy Park, removed the guy wire from the backhoe boom, and drove the backhoe to the parking area. 10. Yoder called Township Manager Twardowski the next day and told her that he had driven the backhoe under a hanging cable, which caused a utility pole to snap. a. Yoder testified that he did not tell Twardowski he was working with the Township employees at the time he was driving the backhoe. 11. Yoder's testimony that he was assisting the Township work detail in performing work at Foy Park, was asked if he wanted to use the Township backhoe to continue performing work for the Township at Foy Park, and was not going to use the backhoe to transport wood to his property, is not credible. a. Yoder's testimony is contradicted by the testimony of Township employee Roger Manning and Township employee Bunt, each of whom testified that he was working in Foy Park that day and that Yoder was not working with him. b. Yoder's testimony is further contradicted by Township employee Roger Manning, who testified that Yoder came by Foy Park around 2:30 p.m. when the Township workers were finishing up for the day and asked if he could have some of the wood lying on the ground. b. During a public work session of the Board of Supervisors on August 30, 2016, Twardowski announced that Township Receptionist Maiello was going to retire from her Township employment in one week and asked whether anybody knew anyone who would be interested in a temporary part-time position with the Township. 1. During the public work session, Yoder stated that his wife may be interested in such a position. 2. When Yoder returned home from the public work session, he mentioned to his wife that Maiello was retiring from her Township employment on September 6. Yoder, 18-027 Page 23 3. Yoder testified that when he learned later that Mrs. Yoder had applied for a position with the Township, he told her he could not be involved with getting her hired. C. During an executive session of the Board of Supervisors on September 6, 2016, Twardowski presented possibilities for filling the temporary part-time position, which included using a temp service and outsourcing the sewer billing that Maiello performed. 1. Yoder testified that during the executive session, Township Supervisor Sacks asked, "Well, what about Bonnie?", at which point Township Solicitor Keenan looked at Yoder and said, "Mr. Yoder, don't say anything." 2. Yoder testified that although there was no formal motion and vote, there was an obvious agreement between Sacks and Township Supervisor Kerwood to hire Mrs. Yoder for the position. 3. Yoder testified that he did not tell Sacks and Kerwood that his wife would accept the position for approximately 20 hours per week at a pay rate of $15.00 per hour until after Sacks' "motion." d. Yoder testified that in November 2016, he was looking at options for family health insurance benefits to commence in January 2017 because he had received a notice of enrollment for health insurance under the Affordable Care Act for 2017, and he knew his family's income in 2017 would exceed the income limit for obtaining health insurance under the Affordable Care Act. Yoder testified that while he was in the Township building, he mentioned to Twardowski that he was looking for health insurance to commence in January 2017, and he asked her about the Township insurance plan. a. Yoder testified that he had previously inquired into receiving Township -provided health insurance benefits as a Township Supervisor, but he had not opted to obtain those benefits following his reelection in 2016. 2. Yoder testified that there was a very big misunderstanding as to what he was asking for and that Twardowski immediately felt that Yoder was telling her to put Mrs. Yoder on the Township insurance plan. 3. Yoder testified that he told Twardowski he was not asking her to do that and that Twardowski got off track and began telling him about someone she knew at another township who was fired for putting somebody at the township on benefits without authorization. Yoder, 18-027 Page 24 4. During their conversation, Twardowski told Yoder that there would be a thirty -day wait to receive medical benefits after going full time, and she read the Township policy on medical benefits to him. Yoder testified that he did not tell Twardowski the Township policy was "bull----" and that he did not at any point in time instruct Twardowski to make Mrs. Yoder a full-time employee, to pay Mrs. Yoder $20.00 per hour, or to put Mrs. Yoder on the Township's insurance plan. 6. After the Board of Supervisors received a letter from the Township's labor attorney, Gerber, regarding Yoder's conversation with Twardowski, the Board of Supervisors received a memorandum from Township Co -Solicitor Brewster, which set forth recommendations for the handling of matters related to Mrs. Yoder's Township employment. See, Fact Finding 35. Yoder testified that during the executive session of the Board of Supervisors on November 29, 2016, he did not participate in any discussions or vote regarding his wife's employment status for 2017. Yoder testified that he was in attendance when Mrs. Yoder made a presentation regarding her employment and that he left the executive session and did not participate in any deliberations or vote with respect to her employment. f Yoder testified that he did not have any conversations about his wife's Township employment with Sacks or Kerwood outside of meetings of the Board of Supervisors. g. Yoder testified that he failed to file Statements of Financial Interests for calendar years 2013 and 2014 and that he filed deficient Statements of Financial Interests for calendar years 2015, 2016, and 2017. 1. Yoder subsequently fled Statements of Financial Interests for calendar years 2013 and 2014 and amended Statements of Financial Interests for calendar years 2015, 2016, and 2017 with the Township. (ID — 5A, ID — 5B, ID -- 5C, ID — 5D, ID — 5E, respectively). 85. Jonathan Fry ("Fry") is employed as the Eastern Regional Director of Investigations for the Pennsylvania State Ethics Commission. a. Fry was involved in the Investigative Division's investigation of Yoder. b. ID — 4A is a Statement of Financial Interests that Yoder filed for calendar year 2015. 1. The Statement of Financial Interests that Yoder filed for calendar year 2015 did not list the Township as a direct or indirect source of income. Yoder, 18-027 Page 25 C. ID - 413 is a Statement of Financial Interests that Yoder filed for calendar year 2016. 1. The Statement of Financial Interests that Yoder filed for calendar year 2016 incorrectly identified the filing year as 2017 and did not list the Township as a direct or indirect source of income. d. ID - 4C is a Statement of Financial Interests that Yoder filed for calendar year 2017. 1. The Statement of Financial Interests that Yoder filed for calendar year 2017 did not list an address for Yoder. e. After the investigation in this matter had been completed, Yoder filed Statements of Financial Interests for calendar years 2013 and 2014 (ID - 5A and ID - 5B, respectively) and amended Statements of Financial Interests for calendar years 2015, 2016, and 2017 (ID - 5C, ID - 5D, and ID - 5E, respectively) with the Township. C. Exhibits 86. ID - 1 is a Pennsylvania Intergovernmental Risk Management Association ("PIRMA") Legal Defense and Claim Payment Agreement ("Agreement") between PIRMA and Lower Frederick Township effective October 8, 2014. a. ID - 1, page 1 is a PIRMA Invoice Summary, effective October 8, 2014, which invoices the Township the total amount of $53,317.00 for insurance coverage pursuant to the Agreement. b. ID - 1, page 2 is a PIRMA Invoice Summary, effective October 8, 2015, which invoices the Township the total amount of $50,827.00 for insurance coverage pursuant to the Agreement. C. ID - 1, page 3 is a PIRMA Renewal Summary, effective October 8, 2016, which invoices the Township the proposed total amount of $45,883.00 for insurance coverage pursuant to the Agreement. 87. ID - 2 is a check in the amount of $8,349.64 from Integrated Risk Management, Inc., dated July 29, 2015, and payable to PECO Energy for "POLE DMG." 88. ID - 3A consists of the minutes of the August 30, 2016, meeting of the Board of Supervisors, which state, in pertinent part, as follows: Replacement of Receptionist Yoder, 18-027 Page 26 Fern Maiello, receptionist at Lower Frederick Township, has put in her retirement date of September 6, 2016. Ms. Twardowski is looking to hire a short term part-time receptionist to cover general clerical duties at the front desk. She will compile a job description and move ahead with filling the position. ID-3A,at3 89. ID — 3B consists of the minutes of the September 6, 2016, meeting of the Board of Supervisors, which state, in pertinent part, that Yoder, as Chairman of the Board of Supervisors, called the meeting to order and "then advised that an executive session be held after this meeting to discuss personnel." ID — 3B, at 1. 90. ID — 3C consists of the minutes of the November 29, 2016, meeting of the Board of Supervisors, which state, in pertinent part, as follows: The board recessed to executive session. The meeting reconvened for the following action: Mr. Kerwood and Mr. Sacks authorized Mrs. Yoder to be offered a full time position with a salary increase starting January 1, 2017 with benefits to begin effective January 1, 2017. Mr. Yoder abstained from the discussion and vote and executed a conflict of interest abstention memorandum. ID — 3 C, at 2-3 . 91. ID — 3D consists of the minutes of the December 6, 2016, meeting of the Board of Supervisors, which provide, in pertinent part, that Yoder made a motion to approve Resolution 16-39 for the 2017 Township budget, which motion was approved by a vote of 3-0. 92. ID — 3E consists of the minutes of the December 20, 2016, meeting of the Board of Supervisors, which provide, in pertinent part, that a motion was made by Kerwood, and seconded by Sacks, to approve the Administrative Assistant's salary increase. a. The meeting minutes do not reflect that a vote was taken on the motion. 93. ID — 3G consists of the minutes of the May 2, 2017, meeting of the Board of Supervisors, which provide, in pertinent part, that Kerwood made a motion to terminate the employment of Twardowski for cause, effective May 5, 2017, at 12:01 a.m., which was seconded by Sacks and approved by a vote of 2-0, with Yoder abstaining from the vote. 94. ID — 3H consists of the minutes of the May 30, 2017, meeting of the Board of Supervisors, which provide, in pertinent part, that Kerwood made a motion to approve the Employment Yoder, 18-027 Page 27 Severance Agreement of Tamara Twardowski, which was seconded by Sacks and approved by a vote of 2-0, with Yoder abstaining from the vote. 95. ID — 31 consists of the minutes of the June 27, 2017, meeting of the Board of Supervisors, which provide, in pertinent part, that Yoder abstained from votes which: (1) approved Resolution 2017-39, creating the position of Township Administrator and appointing Mrs. Yoder to the position; (2) approved Resolution 2017-40, creating the position of Assistant Township Treasurer and appointing Mrs. Yoder to the position; and (3) approved Resolution 2017-41, appointing Mrs. Yoder as Assistant Open Records Officer. 96. ID -- 4A is a Statement of Financial Interests for Yoder for calendar year 2015. a. On this form, for Block 10, pertaining to "Direct or Indirect Sources of Income," Yoder listed "PSERS." 97. ID -- 413 is a Statement of Financial Interests for Yoder for calendar year 2016 which incorrectly lists the calendar year as 2017. a. On this form, the box "none" is checked for Block 10, pertaining to "Direct or Indirect Sources of Income." 98. ID — 4C is a Statement of Financial Interests for Yoder for calendar year 2017. a. On this form, Block 2, pertaining to "Address," contains no information. 99. ID — 5A is a Statement of Financial Interests for Yoder for calendar year 2013 that is dated "6-1-2019." 100. ID — 513 is a Statement of Financial Interests for Yoder for calendar year 2014. 101. ID — 5C is an amended Statement of Financial Interests for Yoder for calendar year 2015 that is dated "6-1-2019." a. On this form, "PSERS" and "Lower Frederick Township" are listed in Block 10, pertaining to "Direct or Indirect Sources of Income." 102. ID — 5D is an amended Statement of Financial Interests for Yoder for calendar year 2016 that is dated "6-1-2019." a. On this form, "PSERS" and "Lower Frederick Township" are listed in Block 10, pertaining to "Direct or indirect Sources of Income." 103. ID — 5E is an amended Statement of Financial Interests for Yoder for calendar year 2017 that is dated 116-1-2019." a. On this form, Block 2, pertaining to "Address," lists an address for Yoder. Yoder, 18-027 Page 28 104. ID — 8A includes emails between Twardowski and Keenan, regarding an employment offer letter and job description prepared by Twardowski with respect to Mrs. Yoder's hiring for the position of Administrative Assistant and revisions made by Keenan to the employment offer letter. See, Fact Findings 30, 31. 105. ID — 8B is an unsigned employment offer letter dated September 7, 2016, from Twardowski to Mrs. Yoder, which states, in part: "I'm pleased to inform you that the Board of Supervisors authorized me to offer you a part time position with Lower Frederick Township. The current position would be apart time Administrative Assistant position of approximately 16-24 hours per week with an hourly rate of $15 per hour." 106. ID — 8C is Twardowski's employment offer letter to Mrs. Yoder dated September 7, 2016, which was revised by Keenan to state, in part: "I'm pleased to inform you that Supervisors Terry Sacks and Ron Kerwood have authorized me to offer you a part time position with Lower Frederick Township. Robert Yoder did not participate in the discussion or the decision. The current position would be a part time Administrative Assistant position...." 107. ID — 9 includes a letter dated November 9, 2016, from Gerber to the Board of Supervisors, regarding a conversation that Gerber had with Twardowski on November 7, 2016, pertaining to Mrs. Yoder's eligibility for Township -paid health insurance benefits and other matters related to Mrs. Yoder's Township employment. See, Fact Finding 34 a. 108. ID —13 includes an email exchange that occurred on August 31, 2016, between Mrs. Yoder and Twardowski, regarding Mrs. Yoder's interest in employment with the Township. See, Fact Findings 21 a, 22 a. 109. ID — 15 is a signed employment offer letter dated September 9, 2016, from Twardowski to Mrs. Yoder, which states in part: "I'm pleased to inform you that Supervisors Terry Sacks and Ron Kerwood have authorized me to offer you a part time position with Lower Frederick Township. Robert Yoder did not participate in the discussion or the decision." a. The letter offered Mrs. Yoder employment as a part-time Administrative Assistant for approximately 16 to 24 hours per week at an hourly rate of $15.00. 110. ID — 16 is a letter dated November 28, 2016, from Mrs. Yoder to Twardowski, by which Mrs. Yoder expressed her interest in full-time employment with the Township. See, Fact Finding 39. 111. ID -- 18 is a billing statement from PECO Energy Co. to the Township, in the amount of $9,277.38, for damage to PECO facilities on April 8, 2015. 112. R — 1 is a letter dated June 12, 2017, from Mrs. Yoder to the Board of Supervisors, by which Mrs. Yoder requests that the Board of Supervisors reevaluate her job duties and pay and suggests that she is capable of producing quality work equal to a wage of $30.00 per hour. See, Fact Finding 46. Yoder, I8-027 Page 29 113. R — 4 is a memorandum dated November 10, 2016, from Township Co -Solicitor Brewster to the Board of Supervisors, regarding the letter dated November 9, 2016, which Gerber sent to the Board of Supervisors. See, Fact Finding 35. D. Stipulations 114. If called as a witness before the State Ethics Commission to provide testimony regarding this matter, Bruce Champagne ("Champagne") would provide the following testimony under oath: a. On or about April 8, 2015, Champagne was a Lineman First Class with PECO. b. Champagne's responsibilities at that time included responding to power outages and determining and assessing what, if any, repair wort was necessary. C. Champagne responded to Foy Paris in the course of his employment to investigate a reported power outage, and he arrived after 3:00 p.m. d. PECO power line #608 had been damaged, and the guy wire had snapped from the utility pole. 1. The utility pole broke from the force created when the guy wire snapped. e. Champagne observed mud and tire tracks that appeared to have come from a backhoe or another type of heavy equipment. f. Champagne did not observe any firewood or cut trees near the damaged line or in Foy Park. g. Champagne did not speak with Yoder or any other resident at the scene. h. The utility wire and pole serviced only Yoder's residence. i. Following Champagne's assessment of the damage, a PECO repair crew responded to make repairs. 115. If called as a witness before the State Ethics Commission to provide testimony regarding this matter, Kevin Pomian ("Pomian') would provide the following testimony under oath: a. At all times relevant to this proceeding, Pomian was the Vice President of Integrated Risk Management ("IRM"), which is an insurance company. b. Pennsylvania Intergovernmental Risk Management Association ("PIRMA") provides liability coverage to 650 municipalities throughout the Commonwealth of Pennsylvania. Yoder, 18-027 Page 30 IRM handles insurance claims for PIRMA through H.A. Thomson, which acts as an insurance broker for PIRMA. d. When a representative of a municipality files a claim online or via telephone, an IRM adjuster contacts that person to obtain additional information. The information obtained is deemed accurate, and an independent investigation is rarely undertaken by an adjuster. e. The IRM General Manager reviews the information for the claim and confirms coverage and the date of loss. f. The Township was a member of PIRMA and was covered by a Legal Defense and Claim Payment Agreement on April 8, 2015. g. With regard to the April 8, 2015, incident in Foy Park involving Yoder: 1. Twardowski submitted an insurance claim to IRM which stated that Yoder was assisting Township roadworkers inside Foy Park by removing trees and cutting wood when he struck a PECO utility line while operating a Township backhoe. 2. The underlying facts of the claim were not questioned because it was reported by a Township representative, and an independent investigation of the facts underlying the claim was not conducted. 3. Based on how the claim was reported, Yoder was considered to be "acting in the interests of the Township." 4. The claim was approved, and it was negotiated with PECO to reduce the cost by 10%. PECO was paid $8,349.64 on July 29, 2015. 6. Had it been reported that Yoder was operating the Township backhoe to transport firewood to his personal property and was not assisting Township roadworkers, the claim would not have been approved, and Yoder would not have been defined as a "member" during the time of the incident pursuant to the policy. 7. An $8,000.00 claim would most likely not have raised the insurance premiums for the Township, as the Township had minimal claims over five years, which is the key factor in determining an increase or decrease in total premiums. Yoder, 18-027 Page 31 116. If called as a witness before the State Ethics Commission to provide testimony regarding this matter, Christopher Gerber, Esquire ("Gerber") would provide the following testimony under oath: a. At all times relevant to this proceeding, Gerber was a labor attorney with Siana, Bellwoar & McAndrew, LLP. b. Gerber was retained by the Township in 2016 to handle labor issues involving the Township Police Department. On or about November 8, 2016, Gerber was contacted by Twardowski. d. In response to a telephone call with Twardowski about Yoder, on or about November 9, 2016, Gerber drafted a letter to the Members of the Board of Supervisors which was carbon copied to Thomas Keenan, Esquire, who was then the appointed Township Solicitor. Gerber's letter was sent via email. £ Gerber was contacted by Assistant Township Solicitor Damian Brewster, Esquire, but was not contacted by the Board of Supervisors or Township Solicitor Keenan, in response to his letter. 117. If called as a witness before the State Ethics Commission to provide testimony regarding this matter, Thomas Keenan, Esquire ("Keenan") would provide the following testimony under oath: a. At all times relevant to this proceeding, Keenan was the Township Solicitor. b. Keenan's duties include providing legal advice when it was requested by the Board of Supervisors, and he did not offer unsolicited legal advice. The part-time Administrative Assistant position that was created upon Maiello's retirement was not advertised by the Township. d. Keenan does not recall Yoder informing the Board of Supervisors that Mrs. Yoder would accept the position if she was offered $15.00 per hour and 20 hours per week. e. Although Keenan does not recall being present for the September 6, 2016, meeting of the Board of Supervisors, the minutes of the meeting reflect that he was in attendance. £ Keenan did not offer any legal advice to Yoder or the Board of Supervisors pertaining to the hiring of Mrs. Yoder, and no Member of the Board of Supervisors requested legal advice with regard to that issue. Yoder, 18-027 Page 32 g. Mrs. Yoder was hired and approved for compensation of $15.00 per hour and 20 hours per week, and the minutes from the September 6, 2016, meeting of the Board of Supervisors do not indicate that any vote was taken with respect to Mrs. Yoder. h. On or about September 7, 2016, Keenan altered a letter that was forwarded to him by Twardowski. l . The letter, which had been drafted by Twardowski, was addressed to Mrs. Yoder and offered her employment with the Township. 2. Keenan altered the letter to reflect that Yoder did not participate in the discussion about hiring, or the decision to hire, Mrs. Yoder. i. When Keenan was interviewed on October 25, 2018, he stated that he could not recall whether Yoder participated in discussions regarding Mrs. Yoder's employment with the Township. j . On or about December 7, 2016, Keenan met with Yoder to review the Pennsylvania Whistleblower Law and the Ethics Act. k. Keenan does not recall if Yoder participated in discussions pertaining to Mrs. Yoder receiving full-time employment with the Township effective January 1, 2017. Keenan does not recall if Yoder introduced the $30.00 hourly wage for Mrs. Yoder in June 2017. M. Keenan denies assisting Mrs. Yoder with her letter to the Board of Supervisors dated June 12, 2017. n. To the best of Keenan's recollection and on Keenan's advice, Yoder recused himself from voting on matters that dealt exclusively with Mrs. Yoder and stated the reasons for his recusal at public meetings of the Board of Supervisors. o. On Keenan's advice, Yoder submitted two Conflict of Interest Abstention Memorandums dated November 10, 2016, and November 29, 2016. P. On Keenan's advice, Yoder submitted four Conflict of Interest Abstention Memorandums dated June 27, 2017. 1. Joint Exhibits JE — 1 through JE — 4 include four Conflict of Interest Abstention Memorandums dated June 27, 2017, signed by Yoder as Chairman of the Board of Supervisors, each of which states, in pertinent part, that: Pursuant to Pennsylvania's "Public Official and Employee Ethics Law," I hereby declare that I am required to abstain from the discussion or any motions involving the Yoder, 18-027 Page 33 employment of Bonnie Yoder and any terms and conditions thereof. My conflict or reason for abstaining is that Bonnie Yoder is my wife, and a member of my immediate family. 2. Joint Exhibit JE --- 2 includes Township Resolution No. 2017-39, adopted June 27, 2017, which appointed Mrs. Yoder as the full-time Township Administrator effective July 1, 2017, at a pay rate of $30.00 per hour. a. Yoder did not sign Township Resolution No. 2017-39. 3. Joint Exhibit JE — 3 includes Township Resolution No. 2017-40, adopted June 27, 2017, which appointed Mrs. Yoder to the position of Assistant Township Treasurer. a. Yoder did not sign Township Resolution No. 2017-40. 4. Joint Exhibit JE -- 4 includes Township Resolution No. 2017-41, adopted June 27, 2017, which appointed Mrs. Yoder to the position of Assistant Open Records Officer. a. Yoder did not sign Township Resolution No, 2017-41. III. DISCUSSION: As a Member of the Board of ,Supervisors of Lower Frederick Township ("Township"), Montgomery County, Pennsylvania, from January 5, 2010, until May 1, 2018, and as Chairman of the Board of Supervisors from 2014 until May 1, 2018, Respondent Robert M. Yoder "Yoder" was a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa. C.S. § 1101 et seq. The allegations as set forth in the Investigative Complaint/Findings Report are that Yoder violated Sections 1103(a), 1104(a), 1104(d), 1105(b)(1), and 1105(b)(5) of the Ethics Act; (1) When he used the authority of his public position for the private pecuniary benefit of himself and/or a member of his immediate family when he participated in Board of Supervisors discussions and actions resulting in the hiring of his spouse as an employee of the Township, initially for a part-time clerical position and subsequently as a full-time administrative assistant; (2) When he approved Township payroll which included payments to his spouse; (3) When he utilized Township equipment, namely a Case 580 Super M backhoe, to transport firewood to his property; Yoder, 18-027 Page 34 (4) When he utilized Township liability insurance in relation to damage that he caused to a utility pole owned by PECO while using the Township backhoe to transport firewood; (5) When he failed to file annual Statements of Financial Interests ("SFIs") for calendar years 2013 and 2014; (6) When he failed to list the Township as a source of income upon SFIs for the 2015 and 2016 calendar years; and (7) When he filed deficient SFIs by listing incorrect and/or omitting information upon his 2016 and 2017 calendar year SFIs, namely listing the incorrect year upon his 2016 filing and omitting his address from his 2017 filing. Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a) Conflict of interest. —No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The term "conflict" or "conflict of interest" is defined in the Ethics Act as follows: § 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 office 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. The term 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 Pa.C.S. § 1102. Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or "conflict of interest, 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from using the authority of public office/employment or Yoder, 18-027 Page 35 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. A spouse is a member of "immediate family" as the Ethics Act defines that terra. 65 Pa.C.S. § 1102. Section 1104(a) of the Ethics Act provides that each public official/public employee must file an SFI for the preceding calendar year, each year that he holds the position and the year after he leaves it. Section 1104(d) of the Ethics Act provides that no public official shall be allowed to take the oath of office, or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed an SFI as required by the Ethics Act, Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form must provide. Section 1105(b)(1) of the Ethics Act requires the filer to disclose on the SFI his name, address, and public position. Subject to certain statutory exceptions, Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the SFI the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. We shall now summarize the relevant facts. The Township is governed by a three -Member Board of Supervisors. Yoder served as a Township Supervisor from January 5, 2010, until May 1, 2018, when he resigned from the Board of Supervisors. Yoder served as Chairman of the Board of Supervisors from 2014 until May 1, 2018. Each year from 2013 through 2017, Yoder received $1,875.00 from the Township for serving as a Township Supervisor. Regarding the Township Employment of Yoder's Spouse During an August 30, 2016, meeting of the Board of Supervisors, Township Manager Tamara Twardowski ("Twardowski") informed the Board of Supervisors that Township Receptionist Fern Maiello would be retiring from her Township employment effective September 6, 2016. Twardowski told the Township Supervisors that she wanted to hire a short-term, part- time receptionist. During the meeting, Yoder indicated that his spouse, Bonnie Yoder ("Mrs. Yoder"), would be interested in a temporary part-time position with the Township. Yoder subsequently informed his wife of the open position with the Township. On August 31, 2016, Twardowski received an email from Mrs. Yoder in which Mrs. Yoder expressed her interest in a temporary position with the Township. After Twardowski met with Mrs. Yoder on September 1, 2016, to discuss a part-time position with the Township, Mrs. Yoder submitted an employment application and a resumd to Twardowski. Mrs. Yoder requested $20.00 per hour as her desired salary, Yoder, I8-027 Page 36 During an executive session of the Board of Supervisors on September 6, 2016, Yoder told the other two Township Supervisors, Terrance Sacks ("Sacks") and Ronald A. Kerwood ("Kerwood"), that his wife could work only 20 hours per week because the Yoders were receiving health insurance under the Affordable Care Act. It is undisputed that at some point during the executive session, Yoder told Sacks and Kerwood that his wife would accept the position at $15.00 per hour for 20 hours per week. Twardowski testified that when Township Solicitor Thomas Keenan, Esquire ("Keenan") asked, "Okay then, is everybody okay with hiring her at $15.00 an hour," Sacks and Kerwood said "Yes" and Yoder did not acknowledge the question. No official vote was taken by the Board of Supervisors to approve Mrs. Yoder's hiring or rate of pay as a part-time Township employee on a temporary basis. Following the September 6, 2016, executive session of the Board of Supervisors, Twardowski drafted an offer letter to Mrs. Yoder and forwarded the offer letter and a job description to Keenan for his review. In the offer letter, Twardowski stated, in part, "I'm pleased to inform you that the Board of Supervisors authorized me to offer you a part time position with Lower Frederick Township...." On September 8, 2016, Keenan emailed Twardowski, stating, in part, "I have changed the cover letter slightly.... I would like the record to be clear that Mr. Yoder did not direct the employment of his wife." Keenan revised the offer letter to reflect that Sacks and Kerwood authorized the hiring of Mrs. Yoder and that Yoder did not participate in the discussion or the decision. Twardowski subsequently sent the revised offer letter to Mrs. Yoder. Mrs. Yoder began part-time employment with the Township as an Administrative Assistant on September 9, 2016, and she performed clerical tasks and sewer billing for the Township. Mrs. Yoder was compensated at the rate of $15.00 per hour for approximately 16 to 24 hours per week. Throughout 2016, the Yoders received government -subsidized family health insurance benefits through the Affordable Care Act, with the subsidy based upon their household income. Yoder testified that in November 2016, he was looking at options for family health insurance benefits to commence in January 2017 because he knew his family's income in 2017 would exceed the income limit for obtaining health insurance benefits under the Affordable Care Act. (Although Twardowski and Yoder both testified that Yoder had previously inquired into receiving Township - provided health insurance benefits as a Township Supervisor, their testimony differs as to whether those benefits were not available to Township Supervisors at that time or whether Yoder had opted not to obtain available benefits following his reelection in 2016.) The Township offered health insurance as a benefit to full-time employees. Twardowski testified that in early November 2016, Yoder stated to her that as of January 1, 2017, Mrs. Yoder was going to go full-time and be paid $20.00 per hour, and Mrs. Yoder's health insurance benefits were to start on January 1. Twardowski testified that she explained to Yoder that the other two Township Supervisors would need to vote publicly on Mrs. Yoder's status and that under the Township employee handbook, which provides for health insurance benefits to start after 30 days of full-time employment, Mrs. Yoder's health insurance benefits would start on February 1 if she began full-time employment on January 1. Twardowski testified that Yoder then became angry and replied, "That's bull----." Yoder, 18-027 Page 37 Yoder testified that he only asked Twardowski about the Township insurance plan, there was a very big misunderstanding as to what he was asking for, and he did not tell Twardowski the Township policy was "bull----." Yoder further testified that he never instructed Twardowski to make Mrs. Yoder a full-time employee, to pay Mrs. Yoder $20,00 per hour, or to put Mrs. Yoder on the Township's health insurance plan. After her conversation with Yoder, Twardowski contacted the Township's labor attorney, Christopher Gerber, Esquire ("Gerber"). In a letter dated November 10, 2016, addressed to the Board of Supervisors and Keenan, Gerber stated, in part, "On November 7, 2016, I received a telephone call from Township Manager Tamara Twardowski who ... informed me that she has been instructed to commence health insurance benefits for [Mrs. Yoder] effective January 1, 2017. Ms. Twardowski informed me that she told Mr. Yoder that Mrs. Yoder would not be eligible for health insurance benefits until February 1, 2017, in accordance with the Township's policy that addresses eligibility for group health insurance for fall -time employees...." Gerber indicated that Twardowski had raised concerns about whether Yoder should have any direct or indirect involvement in decisions which may involve a financial benefit to Mrs. Yoder, and he recommended that the Board of Supervisors address that issue as soon as possible. Twardowski's testimony regarding her conversation with Yoder in November 2016 was credible, and Yoder's testimony that he never instructed Twardowski to make Mrs. Yoder a full- time employee, to pay Mrs. Yoder $20.00 per hour, or to put Mrs. Yoder on the Township's health insurance plan as of January 1, 2017, was not credible. Twardowski's testimony as to her recollection of the conversation was consistent over direct and cross-examination. Furthermore, her testimony as to her version of the conversation is bolstered by the fact that the conversation concerned her so much she felt the need to contact Gerber and inform him that she had been instructed by Yoder to commence Mrs. Yoder's health insurance benefits effective January 1, 2017. In response to Gerber's letter, Township Co -Solicitor Damian Brewster, Esquire, submitted a Confidential Memorandum to the Board of Supervisors which contained various recommendations, including that "Bob not discuss, make inquiries about, or participate in any decisions related to Bonnie's employment and the terms and conditions thereof, including insurance coverage. Ron and Terry handle all public discussions of and decisions related to Bonnie's employment and the terms and conditions thereof, including insurance coverage. Ron and Terry handle any and all private interactions with Tamara related to Bonnie's employment...." On November 28, 2016, Mrs. Yoder submitted a letter to Twardowski, carbon copied to Sacks and Kerwood, in which Mrs. Yoder expressed her interest in full-time employment with the Township. In her letter, Mrs. Yoder stated, in pertinent part, that "open enrollment of my current medical insurance plan closes December 31, 2016. Should I have the opportunity to go full-time and have medical benefits thru the Township, it would be helpful to know whether or not I will need to renew my plan in the coming weeks to have coverage starting January 1, 2017." Minutes of a meeting of the Board of Supervisors held on November 29, 2016, provide that Sacks and Kerwood "authorized Mrs. Yoder to be offered a full time position with a salary increase starting January 1, 2017 with benefits to begin effective January 1, 2017. Mr. Yoder abstained from the discussion and vote and executed a conflict of interest memorandum." The authorization Yoder, 15-027 Page 38 for Mrs. Yoder to receive full-time benefits immediately upon commencing full-time employment was contrary to Township policy. Sacks testified that he does not recall Yoder mentioning anything to him about health insurance benefits for Mrs. Yoder beginning January 1, 2017. Sacks further testified that he did not think Mrs. Yoder received health insurance benefits immediately upon starting full-time employment because there was a waiting period for those benefits. Kerwood testified that he never heard Yoder indicate that Mrs. Yoder wanted to start receiving health insurance benefits starting January 1, 2017. Kerwood further testified that he does "recall the issue about the time on the job before an employee — a full-time employee would be eligible for benefits. And it was determined, and I'm not sure where it came from, that the part-time capacity served for that." Sacks and Kerwood each testified that he does not recall receiving Gerber's letter regarding Twardowski's conversation with Yoder about Mrs. Yoder's eligibility for Township -provided health insurance benefits. The testimony of Sacks and Kerwood that Yoder never mentioned anything to them about Mrs. Yoder receiving health insurance benefits beginning January 1, 2017, is not credible. Their testimony as to the circumstances surrounding Mrs. Yoder's initial hiring and subsequent promotion to full-time employment was evasive in general and contradictory at times, and they possessed a marked inability to recall many events or provide explanations for deviations from normal Township procedures in matters involving Mrs. Yoder's Township employment, including but not limited to no official vote being taken with respect to her hiring, the failure of meeting minutes to document her hiring, and particularly, her receipt of Township -provided health insurance benefits immediately upon starting full-time employment, contrary to Township policy. When Twardowski informed Mrs. Yoder that she had been approved for a full-time position at a pay rate of $19.00 per hour, Mrs. Yoder told Twardowski that she would like a pay rate of $20.00 per hour. Minutes of a meeting of the Board of Supervisors held on December 20, 2016, reflect that a motion was made by Kerwood and seconded by Sacks to approve an increase in pay to $20.00 per hour for Mrs. Yoder. The meeting minutes do not reflect that a vote was taken on the motion. Mrs. Yoder began full-time employment with the Township effective January 1, 2017, and she began receiving Township -provided family health insurance benefits as of that same date. Mrs. Yoder began receiving the health insurance benefits before completing one month of continuous employment as a full-time employee as required by Township policy and the Township's employee handbook. Mrs. Yoder's monthly health insurance premiums were paid in full by the Township and cost the Township approximately $1,600.00 per month. Yoder was included on the family health insurance benefits which were provided to Mrs. Yoder by the Township beginning January 1, 2017. Mrs. Yoder had additional job duties after she moved from part-time to full-time employment. After Twardowski's Township employment ended in June 2017 and the Township hired a part-time interim Township Manager, Mrs. Yoder wrote a letter dated June 12, 2017, addressed to the Board of Supervisors, requesting that the Township Supervisors reevaluate her job responsibilities. Mrs. Yoder additionally requested an increase in pay to $30.00 per hour. Yoder, I8-027 Page 39 During a June 27, 2017, Board of Supervisors meeting, Mrs. Yoder was approved by a vote of 2-0 for the new positions of Township Administrator, Assistant Township Treasurer, and Assistant Open Records Officer. Yoder abstained from the vote and did not participate in signing resolutions that approved his wife's new employment positions. Mrs. Yoder received income from the Township totaling $4,308.75 in 2016 and $50,740.00 in 2017. As of October 22, 2018, Mrs. Yoder had earned approximately $50,460.00 from her Township employment in 2018. Regardinjj Yoder's Use of a Township Backhoe: Foy Park is located within the Township. Yoder's property is adjacent to Foy Park. On April 8, 2015, a Township work detail that included Township Roadmaster Thomas Manning and Township roadworkers Roger W. Manning ("Roger Manning") and Raymond E. Bunt III ("Bunt") was working in Foy Park between the hours of 7:00 a.m. and 3:00 p.m., clearing brush and small trees with the Township's Case 580 Super M backhoe ("Township Backhoe"). Bunt testified that Yoder was not working with him in Foy Park on April 8, 2015. Bunt further testified that Yoder, who had been offered wood from the cut trees by Thomas Manning, stopped by Foy Park with his garden tractor and wagon at some point during the day. Roger Manning testified that around 2:30 p.m., Yoder drove his garden tractor and trailer to Foy Park and asked if he could have some of the wood lying on the ground. Roger Manning further testified that he showed Yoder how the Township Backhoe worked and told Yoder that if he wanted to load wood in the Township Backhoe bucket, the Township workers could haul the wood to Yoder's property and dump it when they returned to work the next day. Yoder was provided with the key to the Township Backhoe before the Township workers left Foy Park at 3:00 p.m. Yoder testified as follows. He drove his garden tractor and trailer to Foy Park, where a Township work detail and a crew of work release prisoners were cutting down trees. Yoder and a couple of the work release prisoners processed wood by cutting it into pieces small enough to fit into the Township Backhoe's front end loader, and he used his own equipment to take some wood to his property. At the end of the day, he was getting on his garden tractor when Roger Manning asked him if he wanted to use the Township Backhoe. Yoder replied, "No, I don't really want to use the backhoe." Yoder testified that he thought the Township employees "felt like hey if Bob's willing to stay here and work, we're willing to teach him, show him how it works." Yoder left Foy Park on his garden tractor after Roger Manning showed him how to operate the Township Backhoe. Yoder testified that although he had decided he was done for the day and was not going to use the Township Backhoe to transport firewood, he returned to Foy Park because he believed the cab door to the Township Backhoe was still open, and he had been instructed by Roger Manning to park the Township Backhoe in the parking area when he was done. Yoder's testimony that he was assisting the Township work detail in performing work at Foy Park, was asked if he wanted to use the Township Backhoe to continue performing work for the Township at Foy Park, and was not going to use the Township Backhoe to transport wood to his property was not credible. Yoder's testimony is contradicted by the testimony of Bunt and Yoder, 18-027 Page 40 Roger Manning, two disinterested third -party witnesses whose testimony was consistent and credible. At some time after 3:00 p.m., Yoder started the Township Backhoe. While Yoder was operating the Township Backhoe, the boom of the Township Backhoe became caught on a guy wire for a PECO utility pole. When the guy wire snapped from the force from the Township Backhoe, the utility pole broke. Yoder contacted PECO at 3:43 p.m. to report a power outage and damaged utility pole. Township Manager Twardowski was informed by Roadmaster Thomas Manning about what had happened with the Township Backhoe in Foy Park. Yoder called Twardowski on April 9, 2015, and he told her that he had driven the Township Backhoe under a hanging cable, which caused a utility pole to snap. Yoder did not tell Twardowski that he was working with the Township work detail at the time he was driving the Township Backhoe. See, Fact Finding 84(a)(10)(a); Closing Statement and Brief of the Investigative Division, at 38. The Board of Supervisors did not vote on whether to approve the filing of an insurance claim with regard to the incident at Foy Park on April 8, 2015. Twardowski submitted an insurance claim to Integrated Risk Management, Inc. ("IRM") which stated that Yoder was assisting Township roadworkers inside Foy Park by removing trees and cutting wood when he struck a PECO utility line while operating a Township backhoe. IRM did not question the underlying facts of the claim because it was reported by a Township representative, and an independent investigation of the facts underlying the claim was not conducted. Based on how the claim was reported, Yoder was considered to be "acting in the interests of the Township." The claim was approved, and IRM issued a check in the amount of $8,349.64 to PECO for damage to the utility pole. A claim of $8,000.00 most likely would not have raised the insurance premiums for the Township, as the Township had minimal claims over five years. Ret!ardiniz Yoder's SFIs: Yoder testified that he failed to file SFIs for calendar years 2013 and 2014 with the Township. Yoder testified that he filed deficient SFIs for calendar years 2015, 2016, and 2017 with the Township. Yoder failed to disclose the Township as a direct or indirect source of income on his SFIs for calendar years 2015 and 2016. Yoder's SFI for calendar year 2016 incorrectly listed the calendar year as 2017. Yoder failed to list his address on his SFI for calendar year 2017. After the investigation in this matter had been completed, Yoder filed SFIs for calendar years 2013 and 2014 and amended SFIs for calendar years 2015, 2016, and 2017 with the Township. Having set forth the material facts, we shall now outline the parties' respective positions/arguments. The Investigative Division asserts: That Yoder violated Section 1103(a) of the Ethics Act when he participated in discussions and actions of the Board of Supervisors, resulting initially in the hiring of Mrs. Yoder as a part-time Township employee and later in her promotion to full-time employment; )Loder, 18-027 Page 41 That while anyone can ask a township to hire their spouse, only Yoder, because of his office as a Township Supervisor, had the access and influence necessary to be in the position, behind closed -door meetings and unrecorded by official vote, to make it happen at the Township; That at some point during the executive session of the Board of Supervisors on September 6, 2016, Yoder advised his fellow Township Supervisors that Mrs. Yoder would accept a position with the Township, working approximately 20 hours per week at a pay rate of $15.00 per hour; That although the mere suggestion by Yoder that his wife may be interested in a position with the Township did not constitute a conflict of interest violation, once terms of employment were mentioned, Yoder was entering into negotiations on behalf of his wife and using his office in an attempt to gain a private pecuniary benefit for his wife and himself; That Yoder worked tirelessly behind the scenes to convert Mrs. Yoder's part-time position into a full-time position with health insurance benefits; That the cost of the Yoder's family health insurance through the Affordable Care Act could have been up to $24,000,00 per year, and that through Yoder's actions to procure family health insurance through the Township immediately upon her commencing full-time employment instead of after 30 days of full-time employment, Yoder saved approximately $2,000.00 for the month that his family did not have to pay for health insurance through the Affordable Care Act; • That Twardowski's testimony is credible because it was not self-serving, was supported by doc-umentary evidence, and corresponded with Yoder's own narrative; • That as a result of Yoder's actions to obtain Township employment for his wife, Yoder himself received a private pecuniary benefit --consisting of his wife's Township compensation —by virtue of the fact that his wife resides with him and pays household bills; • That Yoder violated Section 1103(a) of the Ethics Act when he approved Township payroll which included payments to his wife; • That Yoder violated Section 1103(a) of the Ethics Act when he utilized the Township's insurance to pay for damage that he caused to the PECO utility pole while using the Township Backhoe for his personal use; • That Yoder was not using the Township Backhoe for Township purposes at the time he damaged the PECO utility pole; That Yoder used his office as a Township Supervisor when he permitted a claim to be submitted under the Township's insurance for the damage he caused while using the Yoder, 18-027 Page 42 Township Backhoe; + That the cost to repair the damage to the DECO utility pole should not have been borne by the Township and that Yoder realized a private pecuniary benefit consisting of the value of the insurance payment made under the Township's insurance; • That Yoder violated Sections I I04(a) and 1 I04(d) of the Ethics Act when he failed to file SFIs for calendar years 2013 and 2014; • That Yoder violated Sections 1105(b)(1) and 1105(b)(5) of the Ethics Act when he listed the wrong calendar year on his SFI for calendar year 2016, failed to list an address on his SF1 for calendar year 2017, and failed to disclose the Township as a direct or indirect source of income on his SFIs for calendar years 2015 and 2016; and • That this Commission should order Yoder to disgorge the Township Supervisor compensation he received while not having true and accurate SFIs on file with the Township. Yoder has raised the following defenses/arguments: • That the Investigative Division failed to produce any evidence that Yoder used the authority of his public office for the private pecuniary benefit of Mrs. Yoder; • That Yoder clearly, unequivocally, and credibly testified that he did not participate in any discussion during meetings of the Board of Supervisors or any vote involving his wife's hiring as a part-time Township employee; • That Yoder's testimony regarding his lack of involvement in his wife's hiring was corroborated by the testimony of Sacks and Kerwood; • That although Yoder discussed health insurance benefits with Twardowski in November 2016, contrary to Twardowski's testimony, he did not at any point demand that his wife be promoted to full-time employment with the Township or be provided with health insurance benefits; • That even assuming arguendo that Twardowski's version of her conversation with Yoder is accurate, Yoder did not use the authority of his office as a Township Supervisor because Twardowski lacked the authority to act on his demand, and he did not attempt to persuade Sacks and Kerwood to act on his demand; • That Yoder clearly, unequivocally, and credibly testified that he did not participate in any discussion during meetings of the Board of Supervisors or any vote involving his wife's promotion to a full-time position with the Township; • That Yoder's testimony regarding his lack of involvement in his wife's promotion was corroborated by the testimony of Sacks, Kerwood, and Twardowski; Yoder, 18-027 Page 43 + That Yoder did not participate in any discussion during meetings of the Board of Supervisors or any vote regarding his wife's raise in June 2017 or the creation of the position of Township Administrator; • That there is no evidence in the record to establish that Yoder urged or pressured Sacks or Kerwood outside of meetings of the Board of Supervisors to act on his wife's behalf; • That the Investigative Division presented no evidence to establish that Yoder participated in, or failed to abstain froze, votes on the approval of Township payroll which included payments to his wife; + That Yoder did not violate Section 1103(a) of the Ethics Act in relation to his use of the Township Backhoe because he did not utilize it for his personal benefit; + That the Investigative Division failed to present evidence to establish that Yoder ever used the Township Backhoe to transport wood; • That to the extent the Investigative Division alleges Yoder caused a false claim to be filed under the Township's insurance for the damage he caused to the PECO utility pole while operating the Township Backhoe, Twardowski testified that it was Township Roadmaster Thomas Manning who reported the specifics of the accident to her; • That although Yoder violated Section I I04(a) of the Ethics Act when he failed to file SFIs for calendar years 2013 and 2014 with the Township, he substantially complied with the Ethics Act when he filed SFIs for those calendar years upon realizing his error; and • That any deficiencies on his SFIs for calendar years 2015, 2016, and 2017 were purely technical in nature. Having summarized the relevant facts and the positions/arguments of the parties, we must now determine whether the actions of Yoder violated Sections 1103 (a), 1104(a), 1104(d), 1105(b)(1), or 1105(b)(5) of the Ethics Act, 65 Pa.C.S. §§ 1103(a), 1104(a), 1104(d), 1105(b)(1), and i 105(b)(5). Based upon the Investigative Division's Closing Statement and Brief, it appears that the Investigative Division is no longer pursuing the allegation that Yoder utilized the Township Backhoe to transport firewood, and we shall treat that allegation as having been nolle prossed by the Investigative Division. As we apply the facts to the remaining allegations, due process requires that we not depart from the allegations. Pennsy v. Department of State, 594 A.2d 845 (Pa. Cmwlth. 1991). A violation of the Ethics Act must be based upon clear and convincing proof. 65 Pa.C.S. § 1108(g). Clear and convincing proof is "so `clear, direct, weighty, and convincing as to enable the trier of fact to come to a clear conviction, without hesitance, of the truth of the precise facts in issue."' In Re: Charles E.D.M., 550 Pa. 595, 601, 708 A.2d 88, 91 (1998) (Citation omitted). Per the Pennsylvania Supreme Court's decision in Kistler v. State Ethics Commission, 610 Yoder, 18-027 Page 44 Pa. 516, 22 A.3d 223 (2011), in order to violate Section 1103(a) of the Ethics Act, a public official/public employee: ... must act in such a way as to put his [office/public position] to the purpose of obtaining for himself a private pecuniary benefit. Such directed action implies awareness on the part of the [public official/public employee] of the potential pecuniary benefit as well as the motivation to obtain that benefit for himself. Kistler, supra, 610 Pa. at 523, 22 A.3d at 227. To violate Section 1103(a) of the Ethics Act, a public official/public employee "must be consciously aware of a private pecuniary benefit for himself, his family, or his business, and then must take action in the form of one or more specific steps to attain that benefit." Id., 610 Pa. at 528, 22 A.3d at 231. In considering the first allegation in this matter, we determine that there is insufficient evidence to establish that Yoder took action as a Township Supervisor in furtherance of the hiring of Mrs. Yoder for the part-time position with the Township. There is no evidence in the record to establish that Yoder, as a Township Supervisor, engaged in discussions or other interactions with the other two Township Supervisors in an attempt to influence them to hire Mrs. Yoder, and Yoder did not participate in any vote to hire Mrs. Yoder. Although Yoder did state to the other two Township Supervisors that Mrs. Yoder would accept a part-time position as an Administrative Assistant for the Township at $15.00 per hour for 20 hours per week, based upon the record before us, we cannot conclude that Yoder's statement, standing alone, constituted an attempt by Yoder to use the authority of his office as a Township Supervisor to effectuate his wife's hiring by the Township. We further determine, however, that there is sufficient evidence in the record to support a determination that Yoder used the authority of his office as a Township Supervisor to effectuate a private pecuniary benefit to both himself and Mrs. Yoder in relation to her promotion to a full- time Administrative Assistant position with the Township. Specifically, the evidence of record supports a determination that Yoder used his position as a Township Supervisor to effectuate the commencement of Mrs. Yoder's Township -provided health insurance benefits as of the date she began full-time employment, which was contrary to Township policy. Throughout 2016, the Yoders received government -subsidized family health insurance benefits through the Affordable Care Act. Because the Yoders' family income in 2017 would exceed the income limit for obtaining government -subsidized family health insurance benefits, the Yoders needed to obtain health insurance from another source as of January 1, 2017. The Township provided health insurance benefits to full-time employees. Pursuant to Township policy, health insurance benefits would start after 30 days of full-time employment. Mrs. Yoder, as a part-time Township employee, was not eligible for Township -provided health insurance benefits in 2016. In early November 2016, Yoder stated to Township Manager Twardowski that as of January 1, 2017, Mrs. Yoder was going to go full-time and be paid $20.00 per hour, and Mrs. Yoder's health insurance benefits were to start on January 1. When Twardowski explained to Yoder, 18-027 Page 45 Yoder that the other two Township Supervisors would need to vote publicly on Mrs. Yoder's status and that Mrs. Yoder's health insurance benefits would start on February 1 if she began full-time employment on January 1, Yoder became angry and replied, "That's bull----." Based upon Yoder's reaction, it is clear that it was important to Yoder that Mrs. Yoder's health insurance benefits begin on January 1. Yoder achieved his goal of obtaining full-time employment and health insurance benefits for Mrs. Yoder on November 29, 2016, when Yoder caused Township Supervisors Sacks and Kerwood to approve Mrs. Yoder for a full-time position with the Township effective January 1, 2017, with benefits beginning that same date. After having made clear his intention to have his wife's health insurance benefits start immediately in his statements to Township Manager Twardowski, Sacks and Kerwood acted contrary to Township policy and without any explanation when they authorized Mrs. Yoder to receive health insurance benefits immediately upon starting full-time employment. Although Kerwood claimed that it was determined that Mrs. Yoder's part- time employment fulfilled the 30-day waiting period, he further testified that he was not sure where that determination came from. But, Sacks contradicted Kerwood's testimony when he admitted that he did not think Mrs. Yoder received health insurance benefits immediately because of the 30- day waiting period. Given Yoder's statement to Twardowski that Mrs. Yoder was going to go full-time with health insurance benefits as of January 1, 2017 (which statement, interestingly, was made when Mrs. Yoder had not yet even expressed to the Board of Supervisors her interest in full-time Township employment with health insurance benefits beginning January 1, 2017) and Sacks and Kerwood's seemingly inexplicable subsequent approval of Mrs. Yoder for both full-time Township employment and health insurance benefits effective January 1, 2017, the only reasonable inference to be drawn is that Yoder engaged in communications with and exerted influence on Sacks and Kerwood to effectuate his wife's receipt of health insurance benefits immediately upon commencing full-time employment, contrary to Township policy. As a result of the premature commencement of Mrs. Yoder's health insurance benefits, the Township paid approximately $1,600.00 in insurance premiums for one month of health insurance benefits to which Mrs. Yoder was not entitled. Based upon the above, we hold that Yoder did not violate Section 1103(a) of the Ethics Act, 65 Pa. C.S. § 1103(a), as to the allegation that he used the authority of his public position for the private pecuniary benefit of himself and/or a member of his immediate family when he participated in discussions and actions of the Board of Supervisors resulting in the hiring of his spouse as an employee of the Township for a part-time clerical position, based upon an insufficiency of evidence. We farther hold that Yoder violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he used the authority of his public position for the private pecuniary benefit of himself and a member of his immediate family in relation to his spouse's promotion to a fall -time Administrative Assistant position with health insurance benefits starting immediately contrary to Township policy. As for the allegation that Yoder violated Section 1103(a) of the Ethics Act when he approved Township payroll which included payments to his spouse, there is no evidence in the record to establish what amount of payroll payments to Mrs. Yoder, if any, may have been included in any Township bill lists approved by Yoder. Accordingly, we hold that Yoder did not violate Yoder, 18-027 Page 46 Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the allegation that he approved Township payroll which included payments to his spouse, based upon an insufficiency of evidence. Based upon the record before us, we find no violation of Section 1103 (a) of the Ethics Act as to the allegation that Yoder utilized Township liability insurance in relation to damage that he caused to a utility pole owned by DECO while using the Township Backhoe for personal purposes, based upon an insufficiency of evidence. In considering the evidence, Yoder had access to the Township Backhoe only as a result of his public office as a Township Supervisor. Given that the credible evidence establishes Yoder was not working with the Township work detail which was clearing trees and brush in Foy Park, the only conclusion to be drawn is that Yoder was operating the Township Backhoe for personal purposes when the boom of the Township Backhoe caught the guy wire of the PECO utility pole, causing the guy wire to snap and the utility pole to break. Following the incident in Foy Park, Township Manager Twardowski submitted a claim to the Township's insurer which erroneously stated that Yoder was assisting Township roadworkers inside Foy Park by removing trees and cutting wood when he struck a PECO utility line while operating the Township Backhoe. It is clear that the Township's insurance should not have been utilized to reimburse PECO for the damage caused by Yoder's operation of the Township Backhoe. However, Yoder did not tell Twardowski that he was working with the Township work detail in Foy Park at the time he was driving the Township Backhoe see, Fact Finding 84(a)(10)(a); Closing Statement and Brief of the Investigative Division, at 38), and there is no evidence of record to establish that Yoder directly or indirectly caused Twardowski to file the erroneous claim with the Township's insurer or otherwise used the authority of his office as a Township Supervisor to cause the Township's insurer to reimburse PECO for the damage to the utility pole. (Although it appears that Twardowski filed the insurance claim based upon information provided to her by Roadmaster Thomas Manning, who was not present at the time of the incident, he did not testify at the hearing in this matter, and there is no evidence in the record to establish what Yoder may have told Roadmaster Manning about the incident). Absent evidence of a use of authority of office by Yoder, a violation of Section 1103(a) of the Ethics Act cannot be established. Accordingly, we hold that Yoder did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the allegation that he utilized Township liability insurance in relation to damage that he caused to a utility pole owned by PECO while using the Township Backhoe for personal purposes, based upon an insufficiency of evidence. Finally, with regard to Yoder's SFIs, Yoder admits that he failed to timely file SFIs for calendar years 2013 and 2014 with the Township and filed deficient SFIs for calendar years 2015, 2016, and 2017 with the Township. Accordingly, we hold that: (1) Yoder violated Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to file SFIs for calendar years 2013 and 2014 with the Township; and (2) technical violations of Section 1105(b)(1) and 1105(b)(5) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), 1105(b)(5), occurred when Yoder filed deficient SFIs by listing the incorrect year on his SFI for calendar year 2016, omitting his address from his SFI for calendar year 2017, and failing to list the Township as a source of income on his SFIs for calendar years 2015 and 2016. Yoder, 18-027 Page 47 We further hold that to the extent Yoder received compensation from the Township when he did not have complete and accurate SFIs on file with the Township, such compensation was received in contravention of Section 1104(d) of the Ethics Act, 65 Pa,C.S. § 1104(d). Section 1107(13) of the Ethics Act, 65 Pa.C.S. § 1107(13), empowers this Commission to order restitution in instances where a public official/public employee has obtained a financial gain in violation of the Ethics Act. We note that in Sivick v. State Ethics Commission, _ Pa. , 238 A.3d 1250 (Pa. 2020), the Pennsylvania Supreme Court held that "restitution under the Ethics Act may be imposed only upon public officials and employees who themselves gain financially for violating the Ethics Act, not upon those who divert improperly obtained moneys to members of their immediate families." Id., at 1266. In Sivick, the Pennsylvania Supreme Court held that a township supervisor who used the authority of his public office to obtain a position for his son on the township road crew could not be ordered to pay restitution for a violation of Section 1103(a) of the Ethics Act because the township supervisor's son was the only individual who received a financial gain from the township supervisor's actions. In the instant matter, although the Investigative Division argues that as a result of Yoder's actions, Yoder himself received a private pecuniary benefit —consisting of his wife's Township compensation —by virtue of the fact that his wife resides with him and pays household bills, based upon the record before us, we cannot conclude that Mrs. Yoder's Township compensation constituted a discrete financial benefit to Yoder himself. However, it is clear that in addition to Mrs. Yoder, Yoder himself financially benefited from his actions which resulted in Mrs. Yoder's premature receipt of Township -provided health insurance benefits. As noted above, in 2016, the Yoders had government -subsidized family health insurance benefits through the Affordable Care Act, The Yoders needed to obtain health insurance from another source as of January 1, 2017. Pursuant to Township policy, Mrs. Yoder would have been eligible for Township -provided health insurance benefits thirty days after January 1, 2017, the effective date of her promotion to full-time Township employment. However, Township Supervisors Sacks and Kerwood inexplicably approved Mrs. Yoder for those benefits effective January 1, 2017. We have determined that the only reasonable inference to be drawn is that Yoder engaged in communications with and exerted influence on Sacks and Kerwood to effectuate his wife's receipt of health insurance benefits immediately upon commencing full-time employment, contrary to Township policy. As a result of Yoder's actions, the Yoders were not required to pay for private health insurance coverage for the month of January 2017. Because the health insurance benefits prematurely provided to Mrs. Yoder covered Yoder as well as Mrs. Yoder, unlike the township supervisor in Sivick, Yoder himself financially benefited from his violation of Section 1103(a) of the Ethics Act. We determine that restitution is warranted in the amount of $1,600.00, representing the insurance premiums which the Township paid for one month of health insurance benefits to which the Yoders were not entitled. Accordingly, Yoder is ordered to matte payment of restitution in the amount of $1,600.00 payable to Lower Frederick Township and forwarded to this Commission by no later than the thirtieth (301h) day after the mailing date of this adjudication and Order. Yoder, 18-027 Page 48 Pursuant to Section 1109(f) of the Ethics Act, 65 Pa.C.S. § 1109(f), we shall levy two maximum civil penalties against Yoder in the amount of $250.00 each, for a total amount of $500.00, for Yoder's delinquent SFIs for calendar years 2013 and 2014. In the exercise of our discretion, we shall not levy civil penalties against Yoder for his deficient SFIs for calendar years 2015, 2016, and 2017 nor require disgorgement of the Township Supervisor compensation Yoder received for years in which he did not have complete and accurate SFIs on file with the Township. Yoder shall be ordered to make payment of the aforesaid civil penalties in the total amount of $500.00 by no later than the thirtieth (30`) day after the mailing date of this adjudication and Order, by forwarding to this Commission a certified check or money order in the amount of $500.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. Yoder is directed to not accept any reimbursement, compensation, or other payment from the Township representing a full or partial reimbursement of the aforesaid restitution or civil penalties. Non-compliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. As a Member of the Board of Supervisors of Lower Frederick Township ("Township"), Montgomery County, Pennsylvania, from January 5, 2010, until May 1, 2018, and as Chairman of the Board of Supervisors from 2014 until May 1, 2018, Respondent Robert M. Yoder ("Yoder") was a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. 2. Yoder did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the allegation that he used the authority of his public position for the private pecuniary benefit of himself and/or a member of his immediate family when he participated in discussions and actions of the Board of Supervisors resulting in the hiring of his spouse as an employee of the Township for a part-time clerical position, based upon an insufficiency of evidence. 3. Yoder violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he used the authority of his public position for the private pecuniary benefit of himself and a member of his immediate family in relation to his spouse's promotion to a full-time Administrative Assistant position with health insurance benefits starting immediately contrary to Township policy. 4. Yoder did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the allegation that he approved Township payroll which included payments to his spouse, based upon an insufficiency of evidence. 5. Yoder did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the allegation that he utilized Township liability insurance in relation to damage that he caused to a utility pole owned by DECO while using the Township backhoe for personal purposes, based upon an insufficiency of evidence. Yoder, 18-027 Page 49 6. Yoder violated Section I I04(a) of the Ethics Act, 65 Pa.C.S. § 1 I04(a), when he failed to file Statements of Financial Interests for calendar years 2013 and 2014 with the Township. 7. Technical violations of Sections 1105(b)(1) and 1105(b)(5) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), 1105(b)(5), occurred when Yoder filed deficient Statements of Financial Interests by listing the incorrect year on his Statement of Financial Interests for calendar year 2016, omitting his address from his Statement of Financial Interests for calendar year 2017, and failing to list the Township as a source of income on his Statements of Financial Interests for calendar years 2015 and 2016. 8. To the extent Yoder received compensation from the Township when he did not have complete and accurate Statements of Financial Interests on file with the Township, such compensation was received in contravention of Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d). 9. Notice of the delinquency of Yoder's Statements of Financial Interests for calendar years 2013 and 2014 and of the deficiency of his Statements of Financial Interests for calendar years 2015, 2016, and 2017 was previously served upon him in accordance with Section 1107(5) of the Ethics Act, 65 Pa,C.S. § 1107(5). 10. Based upon the totality of the circumstances in this case, restitution in the total amount of $1,600.00 and two maximum civil penalties in the total amount of $500.00 are warranted. In Re: Robert M. Yoder, File Docket: 18-027 Respondent Date Decided: 4/21 /22 Date Mailed: 4/22/22 ORDER NO. 1802 1. Robert M. Yoder ("Yoder"), as a Member and Chairman of the Board of Supervisors of Lower Frederick Township ("Township"), Montgomery County, Pennsylvania, did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the allegation that he used the authority of his public position for the private pecuniary benefit of himself and/or a member of his immediate family when he participated in discussions and actions of the Board of Supervisors resulting in the hiring of his spouse as an employee of the Township for a part-time clerical position, based upon an insufficiency of evidence. 2. Yoder violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he used the authority of his public position for the private pecuniary benefit of himself and a member of his immediate family in relation to his spouse's promotion to a full-time Administrative Assistant position with health insurance benefits starting immediately contrary to Township policy. 3. Yoder did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the allegation that he approved Township payroll which included payments to his spouse, based upon an insufficiency of evidence. 4. Yoder did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the allegation that he utilized Township liability insurance in relation to damage that he caused to a utility pole owned by PECO while using the Township backhoe for personal purposes, based upon an insufficiency of evidence. Yoder violated Section I I04(a) of the Ethics Act, 65 Pa.C.S. § I I04(a), when he failed to file Statements of Financial Interests for calendar years 2013 and 2014 with the Township. 6. Technical violations of Sections 1105(b)(1) and 1105(b)(5) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), 1105(b)(5), occurred when Yoder filed deficient Statements of Financial Interests by listing the incorrect year on his Statement of Financial Interests for calendar year 2016, omitting his address from his Statement of Financial Interests for calendar year 2017, and failing to list the Township as a source of income on his Statements of Financial Interests for calendar years 2015 and 2016. 7. To the extent Yoder received compensation from the Township when he did not have complete and accurate Statements of Financial Interests on file with the Township, such compensation was received in contravention of Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d). Yoder, 18-027 Page 51 8. We hereby levy two maximum civil penalties against Yoder in the amount of $250.00 each, for a total amount of $500.00, for Yoder's delinquent Statements of Financial Interests for calendar years 2013 and 2014. 9. Yoder is ordered to make payment of the aforesaid civil penalties in the total amount of $500.00 by no later than the thirtieth (301h) day after the mailing date of this Order, by forwarding to this Commission a certified check or money order in the amount of $500.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. 10. Yoder is ordered to make payment of restitution in the amount of $1,600.00 payable to Lower Frederick Township and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30'h) day after the mailing date of this Order. 11. Yoder is directed to not accept any reimbursement, compensation, or other payment from the Township representing a full or partial reimbursement of the aforesaid restitution or civil penalties. 12. Non-compliance with Paragraph 9, 10, or 11 of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, Nicholas A. Colafella, Chai