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HomeMy WebLinkAbout1281 HeichelIn Re: Clair Heichel File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Daneen E. Reese Frank M. Brown Donald M. McCurdy 02- 006 -C2 Order No. 1281 6/23/03 7/8/03 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 allegation(s). 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. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Heichel 02- 006 -C2 Page 2 I. ALLEGATION: That Clair Heichel, a (public official /public employee) in his capacity as a Supervisor for West Keating Township, Clinton County, violated the following Section [sic] 1103(a)) and 1103(f) and 1104(a) of the Public Official and Employee Ethics Act (65 Pa.C.S. §1101 et seq.) when he used the authority of his office for a private pecuniary gain when he leased equipment owned by him to the township for work on township roads; when he approved payments to himself and /or his son for use of the personal equipment; when the contract was subsequently entered into with the township without an open and public process; and when he failed to file Statements of Financial Interests with the township for the 1997 and 1998 calendar years by May 1 of the succeeding calendar year and subsequently backdated those forms giving the impression of timely filing. II. FINDINGS: 1. Clair Heichel has been a supervisor for West Keating Township since at least January 6, 1997. a. Heichel served as chairman of the board in 1997 and 1998. 2. Clair Heichel has held the position of Supervisor for West Keating Township for various terms for approximately twenty (20) years. 3. Clair Heichel has served as a part -time West Keating Township Road Department employee since prior to the reorganization meeting of January 6, 1997. a. Clair Heichel will, from time to time, work as an employee of West Keating Township Road Department when additional labor is needed for road projects. 4. West Keating Township employs one (1) full -time roadmaster with no other full -time employees. 5. West Keating has utilized the services of contractors for road projects which require equipment and additional manpower that the township does not possess. a. The township owns two front -end loaders, a road grader and one dump truck. 6. The township board of supervisors have [sic] approved motions authorizing the hiring of outside contractors for road work. 7. During the annual reorganization meetings the board of supervisors have [sic] set rates for the hiring of equipment with operator to assist with road projects. a. January 6, 1997: Equipment rental and wages same as 1996 ($25 /hour). b. January 1998: Backhoe contractor at $30 /hour. c. 1999: No rates set (Used same rates as 1998). d. January 4, 2000: Equipment and operator at $35 /hour. e. Clair Heichel attended each meeting and participated in board actions setting the rates. 8. Darin Heichel is Clair Heichel's son. Heichel 02- 006 -C2 Page 3 a. Darin Heichel owns a 1987 Ford dump truck and a 1960 Oliver backhoe. 9. Darin Heichel has worked for West Keating Township as a contracted equipment operator since at least 1997. 10. The board of supervisors has contracted with Darin Heichel every year between 1997 and 2001 for equipment rental and operator. a. The selection of Darin Heichel was approved by board action on two occasions in 2000 and 2001. b. No formal board action was taken in 1997, 1998 and 1999. 11. Darin Heichel was hired by vote of the board of supervisors for a road project on Sand Rock Road in West Keating Township on April 3, 2000. a. Clair Heichel was present at the meeting of April 3, 2000. b. A motion was made by Supervisor Paul Heichel, second by Miles Gaines to use two trucks (Dewey and Darin Heichel) on Sand Rock Road. The motion was approved by a vote of "all in favor." c. The Sand Rock Road project was not advertised or placed out for a competitive bid. 12. At the April 2, 2001, regular meeting of the West Keating Township Board of Supervisor [sic], Supervisor Paul Heichel made a motion to hire Supervisor Clair Heichel's son, Darin's heavy equipment to be utilized for the Keating Mountain Road project. a. Clair Heichel abstained from voting to hire Darin's services and equipment. 1. Heichel informed board members that it would be a conflict of interest to vote for his son. b. The Keating Mountain Road project was not advertised or placed out for a competitive bid. c. Paul Heichel and Supervisors [sic] Miles Gaines agreed that Darin Heichel's services would be necessary, and voted to hire him with Clair Heichel abstaining from the vote. 13. There were no votes of the board of supervisors in 1997, 1998 or 1999 to authorize the rental of Darin Heichel's equipment for any other projects. a. The board of supervisors used the services of Darin Heichel due to his availability and reasonable rates. 14. Darin Heichel worked as an equipment operator utilizing his personal equipment for road projects including the Keating Mountain and Sand Rock Road Projects. a. Darin Heichel would perform work and submit invoices to the township for reimbursement. 15. Invoices submitted to the township by Darin Heichel would include type of services provided, either backhoe or hauling, number of hours, hourly rate and total amount. Heichel 02- 006 -C2 Page 4 a. The invoices did not identify the project or job site. 16. Darin Heichel submitted invoices for payment to West Keating Township as follows: Date From To Reason Total FSy ae 07/08/97 Darin West Keating Hauling Tractor — to Heichel Township 3 trips $150.00 07/15/97 07/15/97 10/98 Darin West Keating 9 hrs backhoe $225.00 10/30/98 Heichel Township work @ $25 /hr Backhoe hours on the following dates: 04/20/99 — 6 hrs 04/99 Darin West Keating 04/21/99 — 7 hrs $810.00 04/30/99 Heichel Township 04/27/99 — 8 hrs 4/29/99 — 6 hrs Total 27 hrs (No hourly rate specified) 05/99 Darin West Keating Backhoe work — $180.00 05/15/99 Heichel Township 6 hrs Backhoe Work — 07/99 Darin West Keating 10 $350.00 07/30/99 Heichel Township (No hourly wage specified) 08/99 Darin West Keating Backhoe work — $525.00 08/15/99 Heichel Township 08/99 — 15 hrs 04/00 Darin West Keating Use of Truck — $700.00 04/15/00 Heichel Township 20 hrs @ $35 /hr Darin West Keating 15 hours 04/00 backhoe Township bkhoe use @ $525.00 04/15/00 $35 /hr Darin West Keating Backhoe work — $770.00 07/17/00 Heichel Township 22 hrs @ $35 /hr Darin West Keating Use of Backhoe 08/07/00 Heichel Township — 10 hours @ $350.00 08/07/00 $35 /hr 09/15/00 Darin West Keating Backhoe Work — $175.00 09/15/00 Heichel Township 5 hrs @ $35 /hr Darin West Keating Township project 05/30/01 Heichel Township — No hours or $1,435.00 05/30/01 rate listed 17. West Keating Township meeting minutes are limited and do not always document approvals by the board of [sic] the Treasurer's Report, including bill approval. a. Bill lists are not submitted at meetings listing individual payments. Heichel 02- 006 -C2 Page 5 b. The township secretary /treasurer circulates invoices to board members for review during a regular meeting. 1. No vote is taken to approve bills. 2. If there are no objections by board members, the secretary /treasurer then prepares checks which are signed by board members. 18. Clair Heichel has signature authority on payroll accounts for West Keating Township. a. At least one supervisor and the secretary /treasurer are required to sign checks issued by the township. 19. Clair Heichel has signed or verbally approved thirteen (13) West Keating Township checks issued to Darin Heichel for services provided to the township between October 30, 1997, to May 30, 2001. a. Clair Heichel did not sign checks issued during this period. 20. Between May 1997 and May 2001, Darin Heichel received payments totaling $6,967.44 for hauling and backhoe services provided to West Keating Township. 21 The following represents W -2 wage and tax statements and 1099 filings by West Keating Township filed for Darin Heichel: 1997 1998 1999 2000 2001 W -2 earnings $1,025.00 Not on record with the Township 1099 earnings $1,865.00 1099 earnings $2,520.00 1099 earnings $1,435.00 *According to checks payable to Darin Heichel, his 1997 earnings total $1,057.44. West Keating Township Secretary Faith Shepardson incorrectly filed erroneous amounts of income received by Darin Heichel, understating the amount by $32.44. The following findings relate to the allegation that Clair Heichel failed to file Statements of Financail [sic] Interests for the 1997 and 1998 calendar years. 22. Statements of Financial Interests are required to be filed by elected and appointed public officials and public employees by May 1 st of each year, containing information relating to the prior calendar year. a. As an elected supervisor of West Keating Township, Clair Heichel was required to file Statements of Financial Interests. 23. The Administrative Division of the State Ethics Commission annually mails blank Statements of Financial Interests to municipalities throughout the Commonwealth for completion by elected public officials, appointed officials and public employees. 24. Statements of Financial Interests forms were annually mailed to West Keating Township in 1999, 2000 and 2001 by the Administrative Division of the State Ethics Commission. a. Blank SFI forms were annually mailed by the Administrative Division to Faith J. Shepardson, West Keating Township Secretary/Treasurer, P.O. Box 21, Pottersdale, PA 16871 in February 1999, January 2000, December 2000 for 2001 and December 2001 for 2002. Heichel 02- 006 -C2 Page 6 b. The 1999 forms contained the State Ethics Commission form identification of SEC -1, Rev. 1/99. c. The 2000 forms containing identification SEC -1, Rev. 1/00 were bulk mailed on January 21, 2000. d. The 2001 forms SEC -1, Rev. 1/01 were bulk mailed on or about December 13, 2000. e. The 2002 forms SEC -1, Rev. 1/2002 were bulk mailed on or about December 14, 2001. 25. Faith J. Shepardson confirmed the receipt of blank Statements of Financial Interests forms for West Keating Township public officials and /or public employees to complete. 26. Statements of Financial Interests on file with West Keating Township include the following filings by Clair Heichel: a. Calendar Year: 1997 Filed: 01/10/98 on SEC 1 -99 b. Calendar Year: 1998 Filed: 01/10/99 on SEC 1 -00 c. Calendar Year: 1999 Filed: 01/06/00 on SEC 1 -99 d. Calendar Year: 2000 Filed: 03/21/01 on SEC 1 -01 e. Calendar Year: 2001 Filed: 01/15/02 on SEC 1 -99 27. Heichel's Statements of Financial Interests form for the 1997 calendar year listed the date filed as January 10, 1998. a. Heichel's Statement of Financial Interests filed for calendar 1997 was on an [sic] Statement of Financial Interests form with a revision date SEC -1, 1/00. 1. This form was not bulk mailed to municipalities until February 19, 1999, over one year after the January 10, 1998, date when Heichel purportedly filed the form. b. The form filed by Heichel was backdated giving the impression it was timely filed. 28. Heichel's Statement of Financial Interests filed for calendar year 1998 listed a filing date of January 10, 1999. a. Heichel's Statement of Financial Interests for 1998 was filed on a form with a revision date of SEC -1, Rev. 1/00. 1. This form was not bulk mailed to municipalities until January 21, 2000, over one year after the January 10, 1999, date when Heichel purportedly filed the form. c. [sic] This form was backdated by Heichel giving the impression that it was timely Heichel 02- 006 -C2 Page 7 filed. 29. W -2 Wage and Tax Statements on file with West Keating Township confirm Heichel received the following annual wages in 1997 and 1998. Meeting Pay Labor Pay Total a. 1997: $300.00 $2,875.40 $3,175.40 b. 1998: $300.00 $1,935.50 $2,235.00 30. On January 30, 2002, State Ethics Commission Investigative Division conducted a compliance review of Statements of Financial Interests forms for West Keating Township officials. a. The review was prearranged on January 29, 2002. 31. Subsequent to being contacted by the State Ethics Commission, but prior to January 30, 2002, when the records were to be reviewed by the State Ethics Commission, Shepardson reviewed township files and determined that Statements of Financial Interests for herself and other township officials were not on file. a. Shepardson contacted township officials, advised them of the pending compliance review, and the need to file Statements of Financial Interests. b. Shepardson distributed blank forms to township officials who had not filed. 32. Sometime between January 29, 2002, and January 30, 2002, Heichel filed the backdated SFI forms for calendar years 1997 and 1998. a. These forms were filed at that time with knowledge that representatives of the State Ethics Commission would be reviewing forms at the township on January 30, 2002. 33. Clair Heichel admitted to Ethics Commission Special Investigator Kollin Harmon during an interview that he had intentionally backdated Statements of Financial Interests forms for the calendar years 1997 and 1998 to create the illusion that they had been timely filed. III. DISCUSSION: At all times relevant to this matter, the Respondent, Clair Heichel, hereinafter Heichel, 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 Heichel, as a West Keating Township Supervisor, violated Sections 3(a)/1103(a), 3(f)/1103 (ff) and 4(a)/1104(a) of the Ethics Act when he: leased equipment he owned to the township for work on township roads; approved payments to his son for use of personal equipment; entered into a contract with the township without an open and public process; and failed to file Statements of Financial Interests (SFI's) with the township for the 1997 and 1998 calendar years by May 1 S of the succeeding calendar year and subsequently backdated those forms giving the impression of timely filing. Pursuant to Section 3(a)/1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. Heichel 02- 006 -C2 Page 8 The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows: Section 2/1102. Definitions "Conflict" or "conflict of interest." Use by a ublic 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. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 P.S. § 402/65 Pa.C.S. § 1102. Section 3(a)/1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 3(f)/1103(f) of the Ethics Act imposes certain restrictions as to contracting. Section 3(f)/1103(f) of the Ethics Act provides: Section 3/1103. Restricted activities (f) 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 P.S. § 403(f)/65 Pa.C.S. § 1103(f). Heichel 02- 006 -C2 Page 9 Section 3(f)/1103( of the Ethics Act 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 4(a)/1104(a) of the Ethics Act requires that each public official /public employee must file a Statement of Financial Interests for the preceding calendar year, each year that he holds the position and the year after he leaves it. The parties in their Consent Agreement propose that this Commission find that Heichel violated Section 3(a)/1103(a) of the Ethics Act when he participated in decisions of the West Keating Township Board of Supervisors, approved payments to his son, and subsequently signed checks issued to his son for excavating services; violated Section 3(f)/1103(f) of the Ethics Act when a contract was entered into in excess of $500 by West Keating Township with Darin Heichel without an open and public process; and unintentionally violated Section 4(a)/1104(a) of the Ethics Act when he failed to file SFI's for the 1997 and 1998 calendar years, and when he subsequently backdated those forms. In addition, Heichel agrees to make payment in the amount of $100.00 in settlement of this matter in regard to the unintentional violation of failing to file his SFI's for the 1997 and 1998 calendar years and make a payment in the amount of $300.00 in regards to the allegations as to his participation in approving payments to his son and as to the contracting between his son and the township without an open and public process with payment to the Commonwealth of Pennsylvania through this Commission within thirty (30) days of the mailing date of the final adjudication in this matter. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are reproduced above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Heichel has been a West Keating Township Supervisor for various terms for approximately 20 years. Heichel has served as a part -time road department employee when additional labor was needed on work projects. Since West Keating Township employs only one full -time roadmaster with no other full -time employees, the township utilizes the services of contractors for equipment or additional manpower on road projects. The township board of supervisors has approved motions for the authorization to hire outside contractors to do such road work. Heichel's son Darin, who owns a dump truck and backhoe, has worked for the township as a contracted equipment operator since at least 1997. The board of supervisors has contracted with Darin Heichel every year between 1997 and 2001 for equipment rental and an operator. Darin Heichel was hired for a road project in West Keating Township in April of 2000. Although a motion of the board was approved by a vote of "all in favor," the project was neither advertised nor placed for competitive bid. In an April 2001 meeting, the board passed a motion to hire Darin Heichel's services and equipment. Heichel abstained on the basis that it would be a conflict for him to vote for his son. That particular road project was neither advertised nor placed for bid. For projects in the calendar years 1997 through 1999, there were no votes of the board of supervisors to authorize the rental of Darin Heichel's equipment. The board of supervisors used Darin Heichel due to his availability and reasonable rates. The various invoices that Darin Heichel submitted to West Keating Township for his services are detailed in Fact Finding 16. Bill approvals as to invoices are not always documented in township board minutes and bill lists are not submitted at meetings listing individual Heichel 02- 006 -C2 Page 10 payments. Heichel would seem to have signed (compare Fact Finding 19 to Fact Finding 19a) or verbally approved 13 checks issued to his son, Darin Heichel, for services provided to the township between October 1997 and May of 2001. See, Fact Finding 19. For the years 1997 and 1999 through 2001, Darin Heichel received compensation in excess of $500 for those years. Each year, the Administrative Division of the State Ethics Commission has bulk mailed blank SFI forms to municipalities throughout the Commonwealth including West Keating Township. Blank SFI forms for the 1999, 2000, and 2001 calendar years were mailed by the State Ethics Commission to the Township Secretary /Treasurer for distribution to Township public officials and public employees in February 1999, January 2000, December 2000, and December 2001, respectively. The SFI forms mailed by the State Ethics Commission bore different identification dates depending upon the year of printing. Forms printed in 1999 were marked SEC -1, Rev. 1/99; forms printed in 2000 were marked SEC -1, Rev. 1/00; forms printed in 2001 were marked SEC -1, Rev. 1/01; and forms printed in 2002 were marked SEC -1, Rev. 1 /02. SFI's for calendar years 1997 through 2001 were completed and filed with the Township by Heichel. Heichel completed his 1997 and 1999 calendar year SFI's on SEC - 1, Rev. 1/99 forms, but dated the forms January 10, 1998, and January 6, 2000, respectively; 1998 calendar year SFI on SEC 1, Rev. 1/00 dated January 10, 1999; 2000 calendar year SFI on SEC 1, Rev. 1/01 dated 3/21/01; and 2001 calendar year on SEC -1, Rev. 1/99 dated 1/15/02. See, Fact Finding 26. The SEC -1, Rev. 1/99 and 1/00 forms were not in print at the times of Heichel's purported filings for the respective SFI calendar years 1997 and 1998. The parties have stipulated that Heichel's SFI's for calendar years 1997 and 1998, were backdated to create the impression that they were timely filed. See, Fact Finding 33. An SFI compliance review was scheduled by investigators for the State Ethics Commission on January 30, 2002. Prior to the compliance review, the Township Secretary/Treasurer determined that SFI's for Heichel were not on file with the Township. The Township Secretary /Treasurer then provided Heichel with blank SFI's. Heichel completed and filed SFI's for calendar years 1997 and 1998 with the Township, but backdated the forms as noted above. Heichel admitted that he intentionally backdated SFI's for the calendar yeas 1997 and 1998 to create the illusion that they had been timely filed. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. In a plying Section 3(a)/1103(a) of the Ethics to the instant matter, the findings reflect that -leichel apparently participated (Fact Finding 19 vs. Fact Finding 19a) in the bill approval processes as to invoices submitted by his son, Darin, to the township for providing services as a contractor for equipment rentals and equipment operators. See, Juliante, Order 809. Such uses of authority of office resulted in a private pecuniary benefit consisting of the profits received as to the contracts between the township and Heichel's son, Darin. Darin, as Heichel's son, is a member of his immediate family as that term is defined under the Ethics Act. Accordingly, as per the Stipulation and Consent Agreement of the parties, Heichel violated Section 3(a)/1103(a) of the Ethics Act when he participated in actions as to approving payments to his son, Darin, for performing equipment rental /operator services to the township. See, Futules, Order 1231. Heichel 02- 006 -C2 Page 11 Regarding Section 3(f)/1103 (f) of the Ethics Act, a public official /public employee, his spouse or child may contract with a governmental body but if the contract is $500 or more, it must be awarded through an open and public process. In this case, the stipulated facts reflect that the township did not advertise or conduct a bidding process as to road service contracts in the township. For the relevant time period, Heichel's son, Darin, received such contracts in 1997 and 1999 through 2001 without an open and public process as required by Section 3(a)/1103(f) of the Ethics Act. Accordingly, Heichel violated Section 3(f)/1103(f) of the Ethics Act when contracting in excess of $500 per year occurred between West Keating Township and Heichel's son, Darin, without an open and public process. See, Doaty Order 1221. As to the SFI allegation, Heichel, as a public official, is required to annually file SFI's. Despite the legal requirement of the Ethics Act, Heichel failed to comply with the law. Heichel had not completed SFI's for calendar years 1997 and 1998. When Heichel subsequently filed the forms, he backdated them to give the impression that the forms were timely filed. The printer's identification dates on the SFI forms filed by Heichel for calendar years 1997 and 1998 establish that Heichel backdated his SFI's, as those particular forms were neither in print nor in circulation during the purported filings. Accordingly, we find that Heichel unintentionally violated Section 4(a)/1104(a) of the Ethics Act when he failed to timely file SFI's for calendar years 1997 and 1998 and when he backdated his SFI's for those calendar years. See, Shepardson, Order 1272. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, Heichel is directed to make payment of $400.00 to the Commonwealth of Pennsylvania through this Commission within 30 days of the mailing date of this Order. If Heichel has not already done so, we direct that he file amended SFI's for calendar years 1997 and 1998 reflecting actual dates of filing. The originals are to be filed with the Township and copies are to be sent to the Administrative Division of the State Ethics Commission for compliance verification. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. Heichel, as a West Keating Township Supervisor, is a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Heichel violated Section 3(a)/1103(a) of the Ethics Act when he participated in actions to approve payments to his son, Darin, for performing equipment rental /operator services to the township. 3. Heichel violated Section 3(a)/1103(f) of the Ethics Act as to contracting in excess of $500 between West Keating Township and Heichel's son, Darin, without an open and public process. 4. Heichel unintentionally violated Section 4(a)/1104(a) of the Ethics Act when he failed to file Statements of Financial Interests for the 1997 and 1998 calendar years, and when he subsequently backdated those forms In Re: Clair Heichel ORDER NO. 1281 File Docket: 02- 006 -C2 Date Decided: 6/23/03 Date Mailed: 7/8/03 1. Heichel, as a West Keating Township Supervisor, violated Section 3(a)/1103(a) of the Ethics Act when he participated in actions to approve payments to his son, Darin, for performing equipment rental /operator services to the township. 2. Heichel violated Section 3(f)/1103(f) of the Ethics Act as to contracting in excess of $500 between West Keating Township and Heichel's son, Darin, without an open and public process. 3. Heichel unintentionally violated Section 4(a)/1104(a) of the Ethics Act when he failed to file Statements of Financial Interests for the 1997 and 1998 calendar years, and when he subsequently backdated those forms 4. Per the Consent Agreement of the parties, Heichel is directed to make payment in the amount of $400.00 payable to the Commonwealth of Pennsylvania through this Commission within thirty (30) days of the mailing date of this Order. 5. If Heichel has not already done so, he is directed to file amended SFI's for calendar years 1997 and 1998 reflecting actual dates of filing. The originals are to be filed with the Township and copies are to be sent to the Administrative Division of the State Ethics Commission for compliance verification. 6. Compliance with the paragraphs 4 and 5 will result in the closing of this case with no further action by this Commission. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair