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HomeMy WebLinkAbout1279 ServisIn Re: Bryan Servis File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Frank M. Brown Susan Mosites Bicket Donald M. McCurdy Michael Healey 02- 013 -C2 Order No. 1279 4/22/03 4/30/03 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. §§ 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of its 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 not filed and a hearing was deemed waived. The record is complete. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Servis 02- 013 -C2 Page 2 I. ALLEGATION: That Bryan Servis, a (public official /public employee) in his capacity as a Council Person for Tullytown Borough, Bucks County, violated the following provisions of the State Ethics Act (Act 93 of 1998) when he used the authority of his office for a private pecuniary gain of himself and /or a business with which he is associated by participating in actions of council resulting in the sale of borough equipment to him and /or a business with which he is associated; and when he failed to disclose on Statements of Financial Interests filed for the 1998, 1999 and 2000 calendar years his interest in Tri -Axle Truck and Rob's Auto. Section 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). Section 1103. Restricted activities. (f) Contract. - -No public official or public employee or his spouse or child or any business in which the person or his spouse or child is associated shall enter into any contract valued at $500 or more with the governmental body with which the public official or public employee is associated or any subcontract valued at $500 or more with any person who has been awarded a contract with the governmental body with which the public official or public employee is associated, unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the public official or public employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. Any contract or subcontract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of the making of the contract or subcontract. 65 Pa.C.S. §1103(f). Section 1102. Definitions. "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public f of ce or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. 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. Servis 02- 013 -C2 Page 3 Section 1105. Statement of financial interests. (b) Required information. - -The statement shall include the following information for the prior calendar year with regard to the person required to file the statement. (5) The name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics or common law privileges. (8) Any office, directorship or employment of any nature whatsoever in any business entity. (9) Any financial interest in any legal entity engaged in business for profit. 65 Pa.C.S. §1105(b). II. FINDINGS: 1. The Investigative Division of the State Ethics Commission received a signed, sworn complaint alleging that Bryan Servis violated provisions of the State Ethics Act (Act 93 of 1998). 2. Upon review of the complaint the Investigative Division initiated a preliminary inquiry on January 17, 2002. 3. The preliminary inquiry was completed within sixty days. 4. On March 18, 2002, a letter was forwarded to Bryan Servis, 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. 7001 0360 0001 4061 5147. b. The domestic return receipt bore the signature of Bryan Servis, with a delivery date of March 20, 2002. 5. On August 6, 2002, the Investigative Division of the State Ethics Commission filed an application for a ninety day extension of time to complete the Investigation. 6. The Commission issued an order on September 4, 2002, granting the ninety day extension. 7. The Investigative Division of the State Ethics Commission filed an application for a second ninety day extension of time to complete the investigation on November 14, 2002. 8. The Commission issued an order on December 4, 2002, granting the extension. 9. Periodic notice letters were forwarded to Bryan Servis in accordance with the provisions of the Ethics Law advising him of the general status of the investigation. 10. The Investigative Complaint was mailed to the Respondent on March 11, 2003. 11. Bryan Servis has served as a councilman for Tullytown Borough, Bucks County, since Servis 02- 013 -C2 Page 4 January 7, 1992. a. Servis was council president from January 7, 1992, to April 5, 1994, and again from January 2, 1996, until August 6, 1996. 12. Servis is the Chief Executive Officer of Tri -Axle Incorporated. 13. Articles of Incorporation for Tri -Axle were filed with the Commonwealth of Pennsylvania, Corporation Bureau, on June 23, 1997. a. The corporate address was listed as 2700 New Rodgers Road, Levittown, PA. b. Bryan R. Servis is the only incorporator. c. Corporate officers include: Bryan Servis: Chief Executive Officer Robert Leipziger: Vice President and Treasurer 14. Servis is also affiliated with Rob's Auto which also has a corporate address at 2700 New Rodgers Road, Levittown, PA. a. Rob's Auto is an automotive and collision repair shop incorporated by Robert Leipziger. 15. Tullytown Borough has historically advertised to sell used equipment, including vehicles, that the borough no longer uses. 16. The borough will advertise in local newspapers seeking sealed bids for used vehicles. 17. During calendar year 2000 the borough sold a 1990 GMC dump truck. a. During calendar year 2001 the borough sold a 1987 Chevrolet pickup truck. 18. The minutes of the March 7, 2000, meeting of Tullytown Borough Council confirm that a motion by Councilman Lloyd Snyder, seconded by Bryan Servis was unanimously approved to advertise for the sale of the 1990 dump truck. a. Also included as part of that motion was to advertise for the sale of a used police car. 19. On March 19 and 26, 2000, borough secretary Nancy Conner placed an advertisement in the Bucks County Courier Times seeking bids for a used 1990 dump truck. a. The ad contained the following information: 1990 GMC 6000 dump truck, v -8 engine, 4 speed, 10 ft. dump body, snow plow IV Box, just over 90,000 miles, bids received until April 11, 2000. 20. Two bids were received by the borough including the following: County Clipper Lawn Care: $2,006 U.S. Properties Outlet: $2,459 21. During the council meeting of April 11, 2000, council unanimously voted, including Servis, to reject both bids. Servis 02- 013 -C2 Page 5 22. On April 18, 2000, Borough Secretary Conner advised council that both County Clipper Lawn Care and U.S. Properties Outlet remained interested in purchasing the dump truck. 23. Council approved the re -bid of the 1990 dump truck on May 2, 2000, upon a motion by Snyder, seconded by Servis. a. The motion noted that a minimum bid of $2,500 was required. 24. Advertisement for the sale of the dump truck appeared in the Bucks County Courier Times on May 8, 2000, and May 15, 2000. a. The bid required a minimum $2,500 bid. b. Bids would be received until June 6, 2000, and would be opened on that date. 25. Bids for the 1990 dump truck were opened during the council meeting of June 6, 2000. a. Bids were received as follows: County Clipper Lawn Care: $2,700.00 U.S. Property Outlet: $2,731.00 Thomas Gulla: $3,650.00 Tri -Axle: $3,742.50 Sharon Lazeration: $3,300.00 26. Following the opening of all five (5) bids a motion was made by Councilman Snyder and seconded by Councilman Adams to accept the bid of Tri -Axle in the amount of $3,742.50. a. The motion was approved by a vote of 6 to 0 with one abstention. b. Councilman Bryan Servis is reported as abstaining from the vote. c. The minutes do not contain a reason for the Servis abstention. 27. Tri -Axle check number 2019 in the amount of $3,742.50 was issued to Tullytown Borough on June 17, 2000. a. The check was signed by Bryan Servis. 28. On December 4, 2001, Councilman Snyder directed Borough Secretary Conner to advertise for sale the 1987 borough pickup truck. 29. Conner placed an ad in the December 16, 2001, edition of the Bucks County Courier Times which included the following: "Tullytown Borough is offering the following used vehicle for sale: 1987 Chevy P/U Truck, % ton, 350 V -8 Auto Trans., 4 wheel drive, Meyers 8 ft. snow plow, 1,500 lb lift gate, MX -7000 Tight bar, rear window protector, 126,000 miles. Sealed bids will be received between 9:00 a.m. and 4:00 p.m. Monday through Friday up until Tuesday, January 8, 2002. Tullytown Borough reserves the right to reject any and all bids that are received. Minimum bid - $2,000. Bids may be opened at the January 8, 2002, council meeting at 7:00 p.m. or at a subsequent date. Bids must be mailed or hand delivered to Nancy Conner, Borough of Servis 02- 013 -C2 Page 6 Tullytown, 500 Main Street, Tullytown, PA 19007. Please mark "BID- PICK -UP TRUCK" at bottom left corner of envelope" 30. Servis informed other members of the borough council that he intended to bid on the purchase of the vehicle. 31. Three bids were received by the borough by January 8, 2002: Robert C. Jones: Tom Marshall: Tri -Axle Trucking: $2,251.00 $2,501.01 $2,766.00 32. The Tri -Axle bid did not contain an address, telephone number or contact person. a. The other bids listed the address of the bidder and a contact person. 33. During the January 8, 2002, council meeting, Tullytown Council took action regarding bids for the 1987 pickup truck. a. Snyder makes a motion, seconded by Councilman Shellenberger to sell the pickup to Tri -Axle. 1. Councilman Snyder made the motions in reference to the sale of the truck because he served as chairman of the Streets Department. b. The vote was 6 to 0 with Servis being recorded as not voting on the motion. c. The reason for Servis's non -vote was not publicly noted in the minutes of the meeting. 34. Tri -Axle issued check number 2433 in the amount of $2,766.00 to the borough on January 9, 2002. a. The check was signed by Bryan Servis. 35. During the council meeting of February 4, 2002, the sale of pickup truck to Bryan Servis was discussed. a. The main issue raised was the lack of disclosure that Servis was a bidder and the reasons for his non -vote on the motion of January 8, 2002. b. Snyder was aware of Servis' ownership of Tri -Axle because his daughter had been employed by Servis at Tri -Axle Trucking for three years after Servis founded the company. 36. Borough Solicitor Kevin Bradway explained disclosure requirements when public officials and employees are about to enter into a contract with the municipality. a. Bradway opined that the truck was properly advertised, bids were properly received and the majority of council properly awarded the sale to the highest bidder. 1. He also noted that Councilman Servis did not vote on the motion. b. According to Bradway, the problem occurred when not all council people were aware that when awarding the bid to Tri -Axle, it was a company in which Mr. Servis had an interest. Servis 02- 013 -C2 Page 7 c. Bradway further advised that one of the requirements is that proper disclosure be made, and there was not full disclosure made by Mr. Servis. d. Bradway recommended that since there was not proper disclosure, the award would not be appropriate, and council should rescind the award and either re -bid the truck or award it to the next highest bidder. e. Councilman Servis agreed it (the sale) should be rescinded and re -bid and advised that he will return the truck. 37. A motion was made by Shellenberger and seconded by Czyzyk during the February 4, 2002, to rescind the sale and re -bid the truck. a. The motion was approved 6 in favor with Mr. Servis abstaining. 38. The re -bid of the truck was considered during the council meeting of March 5, 2002. a. Borough Coordinator Meg Szerlik noted that Mr. Servis returned the title and that it would be 7 to 10 working days before it is transferred back to the borough. b. Solicitor Bradway advised that bids can be opened and if the highest bidder does not want to wait for the title, council could award it to the next highest bidder. c. Two bids were opened: Robert Jones: Tom Marshall: $3,051.00 $2,477.77 d. A motion made by Lowell, seconded by Shellenberger to award the sale to the highest bidder was approved by a 5 to 0 vote with Servis abstaining. 39. As a member of Tullytown Borough Council, Servis has filed Statements of Financial Interests for the 1999, 2000, 2001 and 2002 calendar years. a. Statement of Financial Interests for 1999 calendar year was dated February 16, 1999, and disclosed the following: Occupation: Business Owner Sources of Income: Rob's Auto; Tri -Axle Office, Directorship or Employee in any Business: None Financial Interest in any legal entity in business for profit: None b. Statement of Financial Interests for 1999 dated May 1, 2000: Occupation: Business Owner Sources of Income: Rob's Auto; Tri -Axle Office, Directorship or Employee in any Business: None Financial Interest in any legal entity in business for profit: None c. Statement of Financial Interests for 2000 dated April 29, 2001: Servis 02- 013 -C2 Page 8 Occupation: Business Owner Sources of Income: Rob's Auto; Tri -Axle Office, Directorship or Employee in any Business: None Financial Interest in any legal entity in business for profit: None d. Statement of Financial Interests for 2001 dated May 1, 2002: Occupation: Self Sources of Income: Tri -Axle, Inc.; Baskon, Inc. Office, Directorship or Employee in any Business: None Financial Interest in any legal entity in business for profit: None 40. Servis did not disclose on Statements of Financial Interests filed for the 1998, 1999 and 2000 calendar years his ownership, office, directorship and financial interest in Tri - Axle Trucking. a. Servis did disclose Tri -Axle as a source of income. b. During the time period of Servis' failure to disclose his directorship (Chief Executive Officer) and ownership of Tri -Axle, he was bidding to buy borough equipment. 41. Servis' compensation as a member of Tullytown Borough Council is confirmed by W -2 Wage and Tax Reports is as follows: 1999 $1,875.00 2000 $1,875.00 2001 $1,875.00 2002 $1,875.00 III. DISCUSSION: At all times relevant to this matter, the Respondent, Bryan Servis, hereinafter Servis, has been a public official subject to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et seq., as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegations are that Servis, as a Tullytown Borough Council Member, violated Sections 1103(a), 1103(f) and 1105(b)(5), (8), and (9) of the Ethics Act when he participated in actions of council resulting in the sale of borough equipment to a business with which he is associated and failed to disclose on Statements of Financial Interests (SFI's) filed for the 1998, 1999 and 2000 calendar years his interest in Tri -Axle Truck and Rob's Auto. Pursuant to Section 1103(a) of the Ethics Act quoted above, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. Section 1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Servis 02- 013 -C2 Page 9 Section 1103(f) specifically provides in part that no public official /public employee or spouse or child or business with which he or the spouse or child is associated may enter into a contract with his governmental body valued at five hundred dollars or more or any subcontract valued at five hundred dollars or more with any person who has been awarded a contract with the governmental body with which the public official /public employee is associated unless the contract is awarded through an open and public process including prior public notice and subsequent public disclosure. Section 1105(b) requires that every public official /public employee and candidate list the name and address of any direct or indirect source of income totaling in the aggregate of $1,300 or more. Having noted the issues and applicable law, we shall now summarize the relevant facts. Servis has been a council member in Tullytown Borough since January of 1992. In a private capacity, Servis is CEO of Tri -Axle, Inc. and is also affiliated with Rob's Auto, an automotive and collision repair shop. In 2000, the borough council members decided to sell the borough's 1990 dump truck. Servis seconded a motion to advertise the truck for the sale which was unanimously approved. Only two bids were received. During a council meeting in April of 2000, council members voted, including Servis, to reject both bids. In a May 2000 borough meeting, Servis seconded a successful motion for rebidding the sale of the truck with a minimum bid requirement of $2,500. The borough secretary then readvertised for the sale of the dump truck. The bids were opened in a June 2000 borough council meeting. Of the five bids that were received, Tri - Axle submitted the high bid of $3,742.50. A motion was made to accept the bid of Tri -Axle as to which Servis abstained. Tri -Axle submitted a check, signed by Servis, in the amount of $3,742.50 for the purchase of the borough dump truck. In 2001, council members advertised the sale of the borough 1987 pick -up truck. Servis informed other members of council that he intended to bid on the vehicle. Three bids were received by the borough in January of 2002 with Tri -Axle submitting the high bid of $2,766.00. The Tri -Axle bid did not contain an address, telephone number or contact person. Servis is recorded as not voting on the motion to sell the borough pick -up truck to Tri -Axle. Tri -Axle submitted a check, signed by Servis, to the borough in the amount of $2,766.00. In a February 2000 borough meeting, the purchase of the borough truck by Servis was discussed. The solicitor stated that the sale of the truck was advertised and there was no vote by Servis on the motion. However, the solicitor also noted that not all council members were aware that Tri -Axle was a business in which Servis had a financial interest. The solicitor advised that because there was not full disclosure by Servis, council should rescind the award of the sale and rebid the truck. A motion then passed to rescind the sale of the truck and rebid the truck on which motion Servis abstained. Two bids were received for the borough truck and the bid was awarded to Robert Jones who submitted the high bid. Servis abstained on the motion to award the sale of the truck. Finally, a review of the SFI's filed by Servis for the calendar years 1998 through 2000 reflect that he did not list his office, employment, directorship, and financial interest in Tri -Axle Trucking. It is noted for those same years that Servis did list Tri -Axle as a source of income. Servis did not list any interest or office in Rob's Auto for SFI calendar years 1999, 2000, and 2001. Servis listed Rob's Auto as a source of income for the calendar years 1999 and 2000 but not for the calendar year 2001. Having summarized the above relevant facts, we must now determine whether the actions of Servis violated Sections 1103(a), 1103(f) and 1105(b)(5), (8) and (9). Servis 02- 013 -C2 Page 10 In applying Section 1103(a) of the Ethics Act to the instant matter, we note that there were uses of authority of office by Servis as to the sale of the borough dump truck in 2000. Servis seconded and voted in favor of the motion to advertise the dump truck for sale. In addition, Servis participated in the vote to reject both bids received for the dump truck. Servis seconded and voted for the motion to rebid the sale of the truck. The uses of authority of office by Servis placed Tri -Axle in a position where a bid could be submitted after the truck was readvertised for sale. Such uses of authority of office by Servis resulted in a private pecuniary benefit consisting of the purchase of the borough dump truck. The private pecuniary benefit inured to a business with which Servis is associated, namely Tri -Axle. In that Servis is CEO of Tri -Axle, it is a business with which he is associated as that term is defined under the Ethics Act. Accordingly, Servis technically violated Section 1103(a) of the Ethics Act when he used the authority of office as to the sale of a borough dump truck to Tri -Axle, a business with which he is associated. See, Bradley, Order 816; Catalone, Order 1228. However, as to the sale of the 1987 pick -up truck by borough council, the record reflects that there were no uses of authority of office by Servis as to the process. Servis consistently abstained as to all aspects of the advertisement and sale of the borough pick -up truck. Without such uses of authority of office, there can be no violation of the Ethics Act. See, Marchitello and McGuire v. State Ethics Commission, 657 A.2d. 1346 (Pa. Commw. 1995). Accordingly, Servis did not violate 1103(a) of the Ethics Act as to the sale of the 1987 borough pick -up truck to Tri -Axle, a business with which Servis is associated, in that Servis abstained throughout the process. Turning to Section 1103(f) of the Ethics Act, this provision allows a public official /public employee to contract with its governmental body, but if the contract is $500 or more, it must be through a open and public process. As to the sale of both the borough dump truck in 2000 and the borough pick -up truck in 2001, both sales were advertised for the submission of bids with the sales being awarded to the high bidders. Accordingly, Servis did not violate Section 1103(f) of the Ethics Act regarding the sale of two borough trucks to Tri -Axle, a business with which he is associated, in that the contracts were awarded through an open and public process. See, Johnson, Order 1187. Regarding the SFI's, the record reflects that Servis, who is CEO of Tri -Axle, failed to list his office, employment or directorship in that business on his SFI's for 1998 through 2000. Accordingly, Servis violated Section 1105(b) of the Ethics Act when he failed to disclose his office, employment or directorship in Tri -Axle, a business of which he is the CEO for the calendar years 1998, 1999, and 2000. As to Rob's Auto, the record merely reflects that Servis is affiliated with that corporation. Accordingly, we find that Servis did not violate Section 1105(b) of the Ethics Act regarding his failure to list Rob's Auto as a office, employment or directorship or as a financial interest for the calendar years 1998, 1999, and 2000, based upon an insufficiency of evidence. We direct Servis, within 30 days of the date of mailing of this Order, to file amended SFI's for the calendar years 1998 through 2001 listing Tri -Axle as to his office in that business. Further, if Servis has a financial interest or position in Rob's Auto, he must also list such financial interest(s) on his amended SFI's. IV. CONCLUSIONS OF LAW: 1. Servis, as a Tullytown Borough Council Member, is a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Servis technically violated Section 1103(a) of the Ethics Act when he used the authority of office as to the sale of a borough dump truck to Tri -Axle, a business with which he is associated. Servis 02- 013 -C2 Page 11 3. Servis did not violate 1103(a) of the Ethics Act as to the sale of the 1987 borough pick - up truck to Tri -Axle, a business with which Servis is associated, in that Servis abstained throughout the process. 4. Servis did not violate Section 1103(f) of the Ethics Act regarding the sale of two borough trucks to Tri -Axle, a business with which he is associated, in that the contracts were awarded through an open and public process. 5. Servis violated Section 1105(b) of the Ethics Act when he failed to disclose his office, employment or directorship in Tri -Axle, a business of which he is the CEO, for the calendar years 1998, 1999, and 2000. 6. Servis did not violate Section 1105(b) of the Ethics Act regarding his failure to list Rob's Auto as a office, employment or directorship or as a financial interest for the calendar years 1998, 1999, and 2000, based upon an insufficiency of evidence. In Re: Bryan Servis ORDER NO. 1279 File Docket: 02- 013 -C2 Date Decided: 4/22/03 Date Mailed: 4/30/03 1. Servis, as a Tullytown Borough Council Member, technically violated Section 1103(a) of the Ethics Act when he used the authority of office as to the sale of a borough dump truck to Tri -Axle, a business with which he is associated. 2. Servis did not violate 1103(a) of the Ethics Act as to the sale of the 1987 borough pick - up truck to Tri -Axle, a business with which Servis is associated, in that Servis abstained throughout the process. 3. Servis did not violate Section 1103(f) of the Ethics Act regarding the sale of two borough trucks to Tri -Axle, a business with which he is associated, in that the contracts were awarded through an open and public process. 4. Servis violated Section 1105(b) of the Ethics Act when he failed to disclose his office, employment or directorship in Tri -Axle, a business of which he is the CEO, for the calendar years 1998, 1999, and 2000. 5. Servis did not violate Section 1105(b) of the Ethics Act regarding his failure to list Rob's Auto as a office, employment or directorship or as a financial interest for the calendar years 1998, 1999, and 2000, based upon an insufficiency of evidence. 6. Servis is directed, within 30 days of the date of mailing of this Order, to file amended SFI's for the calendar years 1998, 1999, and 2000 listing Tri -Axle as to his office in that business, and if Servis has a financial interest or office in Rob's Auto, he must also list such financial interest(s) on his amended SFI's. a. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair