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HomeMy WebLinkAbout1820 Wanson4 PHONE: 717,183­1610 STATE ETHICS COMMISSION TOLL FREE 1-800-032-0036 FINANCE BUILDING 613 NORI'll ST'REET'l ROOM 309 HARRISBURG, PA 17120-0400 In Re: Eric P, Wanson, File Docket: 22-003 Respondent Order No. 1820 Date Decided: 4/12/23 Date Mailed: 4/14/23 Before: Shelley Y. Simms, Chair Michael A. Schwartz, Vice Chair Rhonda Hill Wilson Paul E. Parsells David L. Reddecliff This is a final adjudication of the State, Ethics Commission.] FACSIMILE 717-787-0806 WEE38141": www.ethJg",a_gav 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 sue., 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," A Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to the Commission for consideration, The Stipulated Findings are set forth as the Findings, in this Order, The Consent Agreement has been approved. ALLEGATIONS: That Eric Wanson, a public official/public employee in his capacity as a Surveyor 2, Engineering District 12-0, for the Pennsylvania Department of Transportation ("PennD07), violated Sections I I 03(a) and 11 05(b)(5) of the Ethics Act: (1) When lie used the authority of his public employment to utilize PerinDOT surveying equipment without authorization for the private pecuniary benefit of himself and/or Buck Ridge Surveying, Inc., a business with which he is associated; (2) When he used confidential information obtained through his public employment to utilize PennDOT's subscription to the KeyNet CPS system for the private I Commissioner Robert P. Caruso recused himself from this matter and did not participate in the deliberations involving this case. Wanson, 22-003 Page 2 pecuniary benefit of himself and/or Buck Ridge Surveying, Inc., a business with which he is associated; and (3) When he filed a deficient Statement of Financial Interests for calendar year 2018 by failing to identify Buck Ridge Surveying, Inc. as a source of income. II. FINDINGS: Eric P. Wanson ("Wanson") was employed with the Pennsylvania Department of Transportation ("PennDOT") as the Engineering District 12-0 ("District 12-0") Chief of Surveys for the Design Unit Survey Department ("Survey Department") from approximately February 2003 to September 2021. a. Wanson voluntarily resigned from his employment with PennDOT effective September 3, 2021. 2. Wanson holds a Professional Land Surveyor ("PLS") license through the Pennsylvania State Registration Board for Professional Engineers, Land Surveyors, and Geologists. a. Wanson was issued his PLS license on June 18, 2002. b. Wanson's PLS license has been active/consistently renewed since its original issuance. 3. Wanson held various classifications/positions within the District 12-0 Survey Department prior to his position of Chief of Surveys as follows: Engineer Technician 1987 —1991 Instrument Man 1991 — 2001 Party Chief 2001 —2003 Chief of Surveys 2003 — 2021 4. Wanson's job description as the District 12-0 Chief of Surveys sets forth position requirements as well as multiple duties and responsibilities which included, among others, transportation engineering, land surveying, and photogrammetry. a. A PLS license was required for the Chief of Surveys position. b. Duties and responsibilities of the Chief of Surveys in relation to transportation engineering, land surveying, and photogrammetry included, among others, the following: 1. Planning, organizing, and directing the activities of all survey personnel within the Engineering District, including photogrammetric services; Wanson, 22-003 Page 3 aa. Photogrammetry is a method/practice by which highly accurate and detailed maps are developed from aerial photographs to aid/assist in highway projects; 2. Making field investigations and meeting to determine survey application or scope of work for design and construction projects; 3. Consulting with appropriate engineering or consultant engineering employees to resolve unusual problems relating to surveys; 4. Managing the assignment and maintenance of equipment and providing ongoing technical training and professional development of surveying staff and new employees; and 5. Managing/supervising the integration of Geographic Information System ("GIS") and surveying for the purpose of utilizing mathematical and computational theories and principals of the surveying science to manipulate and analyze graphic or spatial data, setting standards for the management of graphic data to ensure quality consistency. 5. As the Chief of Surveys, Wanson held supervisory and/or management authority over all employees of the District 12-0 Survey Department. a. The District 12-0 Survey Department office is housed within the District 12-0 office located at 825 North Gallatin Avenue, Uniontown, PA 15401. 6. PennDOT oversees programs and policies affecting highways, urban and rural public transportation, airports, railroads, ports, and waterways. a. PennDOT is directly responsible for nearly 40,000 miles of highway and approximately 25,400 bridges. b. Roughly 7,095 of PennDOT's complement of nearly 11,579 employees are engaged in the maintenance, restoration, and expansion of the state highway system. c. PennDOT employees work from the department headquarters in Harrisburg and eleven engineering districts, with facilities in all sixty-seven counties. d. PennDOT is an executive agency that falls under the Governor's jurisdiction. 7. The Commonwealth utilizes Management Directives in the course of its daily operations to document and otherwise illustrate detailed policies, programs, responsibilities, and procedures that, although susceptible to amendment, are relatively permanent. a. Management Directives established for the Commonwealth, its employees, contractors, etc., routinely fall within one of several categories, including but not Wanson, 22-003 Page 4 limited to Management/Administrative Support (205-260) and Employee Development and Utilization (501-590). 1. Incorporated within each category are multiple subsections addressing specific subjects, topics, etc. aa. Potential disciplinary actions for violations of Management Directives, if applicable, are routinely identified in the Management Directives. b. PennDOT and/or its employees are subject to established Management Directives as applicable. 8. PennDOT maintains and incorporates an Employee Conduct Expectations Policy to guide and assist its employees in their day-to-day actions, conduct, etc. a. Included within PennDOT's Employee Conduct Expectations Policy are PennDOT's Working Rules. l . The Working Rules are provided to PennDOT employees for informational purposes and to minimize the likelihood of an employee, through misunderstanding or otherwise, becoming subject to disciplinary action. 2. PennDOT's Working Rules identify and/or otherwise provide examples of minor and major rule violations and define the potential disciplinary actions associated with each classification. aa. Minor violations are those considered to have little effect on the continuity, efficiency, and safety of work. i. Minor rule violations may incur disciplinary action from verbal or written warnings as well as a suspension or more stringent action depending on the circumstances. bb. Major violations are those violations of PennDOT or safety rules of such a degree that continued employment of the individual may not be desirable. i. Major rule violations may subject an employee to immediate suspension or discharge without warning. 9. The Commonwealth's Office of Administration, Infrastructure and Economic Development Delivery Center provides PennDOT employees with an annual memorandum addressing and/or reminding employees of PennDOT's Employee Conduct Expectations Policy. Wanson, 22-003 Page 5 a. The memorandum lists, among others, the following policies which PennDOT employees are expected to follow: Governor's Code of Conduct, Executive Order 1980-18 dated May 1984; - Department Work Rules, dated May 2010; Information Technology Acceptable Use Policy, Management Directive dated January 2016; Supplemental Employment, Management Directive 515.18 dated March 2013; and Department Conflict of Interest Protocol, dated February 2017. 10. Wanson signed PennDOT'S Employee Conduct Expectations Memos dated March 31, 2016, March 23, 2017, May 22, 2018, and April 18, 2019, acknowledging that he had reviewed, among others, the following policies listed within the Memos: a, Governor's Code of Conduct, Executive Order 1980-18 dated May 1984; b. Department Work Rules, dated May 2010; C. Information Technology Acceptable Use Policy, Management Directive dated January 2016; d. Supplemental Employment, Management Directive 515.18 dated March 2013; and e. Department Conflict of Interest Protocol, dated February 2017. 11. Each of PennDOT's eleven Engineering Districts is composed of separate sections, including a construction section, maintenance section, and design services section. 12. The design services section is composed of multiple departments, including a Survey Department. 13. Surveying is an operation that involves assessing and recording details about a specific area of land. a. The primary purpose of surveying in civil engineering is to determine the three- dimensional relationships between different locations. b. Surveying involves the use of specific equipment and, at times, Global Positioning System ("GPS") data acquired from satellites. 14. Surveying operations utilize a multitude of general and specialized tools and/or equipment including, among others, Total Stations, Global Positioning System/Global Navigation Wanson, 22-003 Page 6 Satellite System ("GPS/GNSS") Receivers, Data Collectors/Controllers, and wireless internet connectivity devices. a. A Total Station is a combination tool which has all the functionality of a theodolite with other abilities associated with an automatic level and electronic distance meter. 1. A theodolite is a telescope which measures the horizontal and vertical angles between points, with surveyors then combining the angle data with distances from a chain or tape measure, allowing them to triangulate the location of any point using trigonometry. 2. An automatic level is a tool/equipment which has an optical compensator that maintains a specific line of sight or line of collimation which is used in surveying and building to transfer, measure, or set horizontal levels. 3. An electronic distance meter is a tool/equipment which uses light waves and radio signals to measure distance. b. A GPS/GNSS Receiver is a tool/equipment which locates multiple earth orbiting GPS/GNSS satellites, calculates the distance to each, and uses the information to deduce its own location. 1. GPS/GNSS Receivers determine location by analyzing high -frequency, low -power radio signals from the GPS/GNSS satellites. C. Data Collectors/Controllers are electronic field books that record and calculate points in the field. l . Data Collectors work with GPS/GNSS Receivers, robotic and manual total stations, and digital levels. 2. Data Collectors electronically capture and log spatial information and coordinate data in the field which is then downloaded to a software platform or CAD (Computer Aided Drafting) program for processing. 3. Data Collectors are referenced as Data Controllers when utilized with a Virtual Reference Station ("VRS"). aa. A VRS is an imaginary, unoccupied reference station through which observation data is created from the data of surrounding reference stations as though they had been observed on that position by a GPS Receiver, bb. VRS networks use differential GPS algorithms such as real-time kinematic solutions to provide centimeter -level or better accuracy. Wanson, 22-003 Page 7 d. Wireless internet connectivity devices include, among others, MiFis (alga MiFi Pucks), which are portable, battery -powered wireless devices that tap into 3G, 4G or 5G mobile phone networks to create a mini broadband hotspot with a signal that can be shared between multiple internet-enabled devices within its range. 1. GPS/GNSS Receivers require internet connectivity for operation. 15. PennDOT first purchased GPS-enabled field equipment in 1996 for its Photogrammetry and Surveys Section ("P & S Section") and subsequently in 1999 for all of its Engineering Districts. a. The photogrammetry process produces a three-dimensional model of the Earth's surface that is used by highway engineers to build or take down bridges, roads, etc, 16. PennDOT's P & S Section, CAD Support, and Materials Lab in Harrisburg, Pennsylvania are responsible for purchasing the majority of the surveying equipment for PennDOT's Engineering Districts. a, Equipment purchases to be made for replacement, upgrade, etc., purposes are primarily determined by representatives in PennDOT's Central Office in conjunction with input from the applicable Engineering District's Chief of Surveys. 17. Survey equipment, including Total Stations, GPS/GNSS Receivers, and Data Collectors, is to be inventoried by members of the Information Technology ("IT") Department at each Engineering District. 18. Survey equipment meeting inventory criteria may or may not be received at the applicable Engineering Districts with PennDOT equipment tags in place and the item entered into the Remedy system for tracking purposes. a. Survey equipment meeting inventory criteria which is received at PennDOT's Harrisburg Central Office is to be tagged with a bar code as well as a 10-digit number by the Materials Lab and entered into PennDOT's Remedy system for tracking/inventory purposes prior to distribution. 1. The Remedy system includes an asset management aspect which holds all items meeting inventory criteria in PennDOT's current inventory and archives those items which are retired. 2. Limited instances have occurred where equipment meeting inventory criteria has been shipped from the Central Office Materials Lab without having asset tags affixed and/or having been entered into the Remedy system by the Materials Lab. b. Survey equipment meeting inventory criteria which is received at PennDOT Engineering Districts directly from a vendor is not normally received with PennDOT asset tags and has not previously been logged into the Remedy system. Wanson, 22-003 Page S 19. Survey equipment meeting inventory criteria which is shipped to a PermDOT Engineering District is routinely forwarded to the IT Department upon receipt at the applicable Engineering District. a. Equipment arriving at the applicable Engineering District with asset tags is verified in the Remedy system to ensure assignment of the item(s) to the correct Engineering District. Once confirmed, the item(s) is/are assigned by the IT Department to a specific individual as the equipment user at the direction of the Chief of Surveys. b. Equipment arriving at the applicable Engineering District without asset tags is labeled with the appropriate tags and subsequently entered into the Remedy system. Once entered into the Remedy system, the item(s) is/are assigned by the IT Department at the direction of the Chief of Surveys to a specific individual as the equipment user. Each Engineering District's IT personnel have access rights to change/edit inventory information for their Engineering District only. 20. Engineering District IT Departments are responsible for conducting an inventory of all technology -based assets in their respective Engineering Districts by December 3 1 " of each calendar year. a. The inventory may be conducted over multiple points in the applicable calendar year as long as it is completed by December 31 s' b. A register/registers of applicable items to be inventoried/accounted for in each office, department, etc., is/are identified through the Remedy system. 21. After entry of the inventory information, the Remedy system indicates missing items (items in the system but not on hand) as well as untagged items (items with no asset tag and not in the system). a. Missing items must be located and inventoried within 60 days of the end of the calendar year or updated to the status of lost/stolen with a lost/stolen report completed and filed with the circumstances described. b. Untagged items are searched for in the Remedy system by serial number and, if located, are retagged and updated within the system. A determination is made if item(s) not located in the system by serial number need to be tagged and, if so, are tagged, assigned to the individual(s) using the item(s) at the time of the inventory, and entered into the system. Wanson, 22-003 Page 9 2. IT Departments have at times located older equipment which is not in the system due to the equipment not having been initially inventoried when received. 22. Survey equipment that is required to be inventoried is routinely issued to survey crews at Engineering Districts by the applicable Chief of Surveys. a. Engineering District surveying equipment with a "Deployed" status in the Remedy system identifies equipment specifically assigned in the name of the applicable survey crew's team leader (aka crew supervisor, aka party chief). 1. Equipment assigned to the survey crew is documented as "Used By" the specific survey crew team leader. 2. The survey crew team leader is responsible for all surveying equipment assigned to the survey crew in his/her name. b. Engineering District surveying equipment with an "In Inventory" status in the Remedy system is identified as equipment which is not deployed and/or assigned to a specific team leader/survey crew for use. 1. Equipment unassigned to a team leader/survey crew for day-to-day use is documented as "Managed By" the applicable Chief of Surveys. aa. The "Managed By" classification represents equipment which the Chief of Surveys has physical access to although not specifically assigned to him/her. 2. The Chief of Surveys is responsible for all surveying equipment in an "In Inventory" status. 23. Occasionally, the PennDOT Central Office provided extra pieces of individual surveying equipment to the Engineering Districts for the purpose of maintaining a spare or spares on - hand if needed. a. If no spare surveying equipment was provided, the Engineering Districts routinely maintained the best existing model of equivalent/similar equipment to serve as a back-up if needed. b. Spare equipment present at Engineering Districts is given the "In Inventory" and "Managed By" classifications within the Remedy system. 24. Prior to approximately 2016, no specific inventory policies or procedures were in place for surveying equipment nor was said equipment inventoried on a consistent basis. Wanson, 22-003 Page 10 a. Equipment issued to the Engineering Districts was ultimately assigned to survey crews by the applicable Chief of Surveys. b. The applicable Chief of Surveys was responsible for inventorying the equipment assigned to and utilized by his/her department. 25. In or about 2014/2015, PennDOT's IT Department was assigned the responsibility of inventorying surveying equipment of a technical nature in an effort by the P & S Section to identify and better track surveying equipment issued as well as identify the equipment replacement cycle. a. Prior to 2014/2015, the P & S Section utilized an Excel spreadsheet to track surveying equipment purchased as it was received at PennDOT's Central Office for later distribution. The P & S Section wanted to implement a standardized tracking system for the tracking of surveying equipment beyond that achieved via use of the Excel spreadsheet. 26. A tracking process was then developed for the surveying equipment inventory which could be utilized statewide. 27. Kim Poretta, IT Manager 1, subsequently requested Calvin Younker ("Younker"), IT Administrator 1, District 12-0, to develop a tracking process which could be utilized statewide for surveying equipment inventory purposes. a. Younker was familiar with the established Remedy system and inventorying procedures already utilized for PennDOT IT equipment. b. Younker contacted each of his IT counterparts and the Chief of Surveys for each Engineering District, including Wanson, in relation to the development and implementation of the inventory process for surveying equipment. 29. The earliest documented record within PennDOT's Remedy system of PennDOT's District 12-0 IT Department conducting an inventory of surveying equipment at District 12-0 is 2016. a. Survey equipment to be inventoried by the IT Department generally included GPS/GNSS Receivers, GPS antennas, Data Collectors, Total Stations, levels, radios, lidar units and (at a later date) magnetic locators. b. The IT Department relied on the Survey Department personnel at District 12-0 to provide/present all of the necessary equipment for inventorying purposes. 29. The District 12-0 IT Department conducted its initial inventory of surveying equipment at District 12-0 by utilizing a copy of the P & S Section's Excel spreadsheet as a reference by Wanson, 22-003 Page 11 which to identify items on hand and initially populate the Remedy system for future inventories. a. The referenced Excel spreadsheet identified a total of twenty-two pieces of surveying equipment assigned to District 12-0 as detailed below: Item Description Manufacturer Serial Number Model Number Condition Total Station Standard Topcon RP0184 GPT 1001 Fair Total Station Robotic Topeon QT0745 GTS 802A Fair Total Station Standard Nikon 40201 NPL 352 Good Total Station Standard Trimble 130887 M3000 Good Total Station Standard Nikon 30540 NPL 352 Good Total Station Standard Topcon GU1232 301D Poor Total Station Standard Topcon 4GO163 GPT 3002 LW Excellent Laser Scanner Terrestrial LiDAR Leica 670401 2500 Poor Level Automatic Nikon 676209 AS-2C Fair Level Automatic Nikon 676160 AS-2C Fair Level Automatic Nikon 676212 AS-2C Fair GPS GPS Rover Trimble 4650126097 R8 GNSS Good GPS GPS Rover Trimble 4647125622 R8 GNSS Good GPS GPS Rover Trimble 4647125698 R8 GNSS Good GPS GPS Radio Trimble 12131045 Trimmark 3 Excellent TDS Ranger Data Collector Trimble S523A15475 TSCE Fair TDS Ranger Data Collector Trimble S523A 15488 TSCE Fair TDS Ranger Data Collector Trimble S523A15502 TSCE Fair GPS Data Collector. GeoExp1orer3 440117489 - poor Controller Controller Trimble RS19C23325 TSC3 Good Controller Controller Trimble RS17C21726 TSC3 Good Controller Controller Trimble RS17C21817 TSC3 Good 30. The initial inventory conducted by District 12-0 IT representatives in 2016 identified a total of twenty-six pieces of surveying equipment meeting inventory requirements present at District 12-0 and entered into inventory as shown below: Wanson, 22-003 Page 12 Item Description Total Standard Station Total Robotic Station GPS Antenna Accessories Model/Version M[tr NPL-352 Nikon GTS-802A Topcon Zephyr Geodetic Trimble 2 Status Serial # Role Name In 30540 Mgd by Wanson Inventory In T0745 Mgd by Wanson Inventory Deployed 1441015118 Mgd by Wanson kil 0 Antenna Zephyr Geodetic Trimble Deployed 60145079 Mgd by Wanson Accessories Level Automatic AS-2C Nikon Deployed 676209 Used by Harrison Total Standard NPL-522 Nikon Deployed 040201 Used by Harrison Station GPS Receiver R8 Trimble Deployed 4650126097 Used by Harrison CPS Data Collector TSC3 Trimble Deployed RS17C21817 Used by Harrison GPS Data Collector TSC3 Trimble Deployed RS2HC50770 Used by Harrison Level Automatic AS-2C Nikon Deployed 676160 Used by Palm Total Standard M3 Trimble Deployed 130887 Used by Palm Station GPS Data Collector TSC2 Trimble Deployed SS23A15502 Used by Palm GPS Data Collector TSC3 Trimble Deployed ....... RS21-1050763 Used by Palm GPS Data Collector TSC3 Trimble Deployed RS17C21726 Used by Palm Level Automatic AS-2C Nikon Deployed 676212 Used by Delanksy GPS Data Collector TSC3 Trimble Deployed RS2HC50722 Used by Delanksy Total Standard GPT-3002LW .. Topcon ......... ......... Deployed ... ... ........ ... 4GO612 Used by Delanksy Station GPS Data Collector TSC1 Trimble in 0220166402 Mgd by Wanson Inventory GPS Data Collector TSCI Trimble In 0220144361 Mgd by Wanson Inventory ................ . GPS Data Collector TSCe Trimble In 00046360 Mgd by Wanson Inventory GPS Data Collector TSCe Trimble In 00046358 Mgd by Wanson Inventory GPS Data Collector TSC2 Trimble In SS38CO6078 Mgd by Wanson Inventory Wanson, 22-003 Page 13 Item Description ModeiNersion Mftr Status Serial # Role Name GPS Data Collector TSCI Trimble I►niventory 0220202353 Mgd by Wanson GPS Data Collector TSC2 Trimble In SS38CO6128 Mgd by Wanson Inventory GPS Data Collector TSC2 "Trimble In SS37CO6040 Mgd by Wanson Inventory __ ........ GPS Handheld __ GeoExplorer 3 Trimble - _.. In P000062441 Mgd by g Wanson Inventory Key: Harrison = Team Leader James Harrison Palm = Team Leader Daniel Palm Delansky = Team Leader Robert Delansky 31. The inventory conducted in 2016 at District 12-0 revealed multiple pieces of surveying equipment present which were not documented on the reference spreadsheet as well as multiple pieces of surveying equipment missing which were documented on the reference spreadsheet. a. All surveying equipment physically inventoried at District 12-0 in 2016, including items tagged during the inventory which were not on the reference spreadsheet, was included into the original upload which populated the Remedy system for the asset management project. 1. None of the Trimble R8 GNSS RTK Receivers identified on Document No. 10832390 were recorded on the reference spreadsheet as having been issued to District 12-0. i. Trimble, Inc. ("Trimble") names each invoice as "Document No. XXXV, 2. Trimble Data Controller Serial No. RS19C23325 identified on Document No. 10832390 was recorded on the reference spreadsheet as having been issued to District 12-0. 32. On or about August 16, 2012, the P & S Section placed an order with Trimble via Purchase Order No. 4300336031 for surveying equipment in the total amount of $331,717.00 under Sales Order No. 476837, Document No. 10832390 as detailed below: Date Cust PO# Sales Shin Part No. Description QtY kniLa Total $ No. Date 08/16/12 4300336031 476837 8/16/12 43169-00 Rod -2.30m 12 $468.00 $5,616.00 Carbon Fiber Wanson, 22-003 Page 14 Date Cust PO# Sales Shin Part No. Description No. Date Range Pole w Bipod TSC3101- CU -TSC3 001 w/Trimble Access, no internal 2.4 G14z radio, ABCD keypad 82768-00 Trimble TSC3 Accessory — GNSS Accessory Kit R8301-51- Trimble R8 66 GNSS RTK, 450- 47MHz TA-GEN- Trimble Access SURV software perpetual license — 17 CU — TSC3, w Trimble Access, no internal 2.4 GHz radio, ABCD keypad 07/27/12 — 07/26/22 SA- Specialized ROADS- Application O1 Roads, perpetual license - 17 CU — TSC3, w Trimble Access, no internal 2.4 GEIz radio, ABCD keypad 07/27/12 — 07/26/22 Unit $ Total 17 $4,945.50 $84,073.50 17 $288.00 $4,896.00 12 $18,153.00 $217,836.00 1 17 $0.00 $0.00 17 $1,125.00 $19,125.00 Wanson, 22-003 Page 15 Date Cust PO# Sales Shin Part No. Description Qty Unit $ Total No. Date Freight Freight Charges 1 $170.50 $170.50 Item Total $331,717.00 a. District 12-0 was one of the intended recipients of items included within the purchase. 33. Included on Document No. 10932390 among the Trimble Data Controllers and the Trimble R8 GNSS RTK Receivers were a Data Controller with Serial No. RS19C23325 and a GNSS RTK Receiver with Serial No. 5215485611. a. The unit prices for one of the Data Controllers and one of the GNSS RTK Receivers were $4,945.00 and $18,153.00, respectively. 1. Document No. 10932390 was paid on October 1, 2012, via Commonwealth Check No. 16778676 in the amount of $331,546.50. aa. The Commonwealth was credited freight charges in the amount of $170.50 on or about August 24, 2012. 34, The Data Controller assigned Serial No. RS 19C23325, identified on Document No. 10832390, was listed on the reference spreadsheet supplied to the District 12-0 IT Department for the initial inventory of surveying equipment in 2016. a. The Data Controller assigned Serial No. RS 19C23325 was not located during the inventory conducted in 2016 or in any subsequent calendar year at District 12-0. b. The Data Controller assigned Serial No. RS I9C23325 was not documented on the original 2016 District 12-0 bulk upload to populate the Remedy system. 35. The GNSS RTK Receiver assigned Serial No. 5215485611, identified on Document No. 10832390, was not recorded on the reference spreadsheet supplied to the District 12-0 IT Department for the initial inventory of surveying equipment in 2016. a. The GNSS RTK Receiver assigned Serial No. 5215485611 was not located during the inventory conducted in 2016 or in any subsequent calendar year at District 12- 0. b. The GNSS RTK Receiver assigned Serial No. 5215485611 was not documented on the original 2016 District 12-0 bulk upload to populate the Remedy system. Wanson,22-003 Page 16 36. KeyNet GPS ("KeyNet") is a privately -owned entity which runs a series of continuously operating, high precision GNSS reference stations linked together to create a VRS system. a. KeyNet markets and provides subscriptions which provide real-time correction data to clients through the internet to increase location accuracy. 1. The real-time receiver/rover is linked to the KeyNet system using wireless internet technology. aa. KeyNet clients can log into the KeyNet system via wireless internet connection and use GPS signals to tell the KeyNet system where they are. i. The KeyNet system subsequently corrects the GPS signals to the client's location within one-half inch accuracy. 37. KeyNet clients must utilize specific equipment to engage the KeyNet system, including a GPS Receiver, a Data Collector/Controller, and wireless internet equipment by which to connect the GPS Receiver and Data Collector/Controller, access the internet, and log into the system. a. Clients use wireless internet technology (including cellular telephone hot spots or wireless MiFi pucks) to link the equipment and log into the system. Access to the KeyNet system requires clients to log in via a user name and password. aa. The client provides the desired user name and password to KeyNet at the time the client's account is created. i. Only one individual at a time can access the KeyNet system per account. bb. Although security measures requiring login information are in place, anyone with access to a client's user name and password can log into the KeyNet system under the actual subscriber's credentials. 39, A record (known as a "session") is created within the KeyNet system each time a client's subscription is accessed to log into the system. a. Representatives ofPennDOT's P & S Section can access and review sessions in the KeyNet system by logging into the KeyNet system through PennDOT's subscription. 1. Information captured by the KeyNet system includes the organization (subscriber), login information, start date and time, end date and time, the Wanson, 22-003 Page 17 full amount of seconds utilized, and the effective amount of seconds utilized. aa. The KeyNet system also captures additional information which identifies the actual coordinates of the GPS Receiver (aka rover) when accessing the KeyNet system. i. The actual coordinate information is available in the KeyNet system only for a limited period of time due to the number of daily connections from all subscribers. 39. KeyNet offers standard client subscriptions to its system on a monthly or annual basis. a. Fees for a one -month subscription total $375.00. b. Fees for annual subscriptions total either $3,135.00 or $3,300.00 based on available payment options. 1. Fees for annual subscriptions paid for the year in a one-time, lump sum payment total $3,135.00. 2. Fees for annual subscriptions paid each month over the one-year period total $3,300.00 ($275.00/month). C. Access/logins to the KeyNet system through an established account and subscription is unlimited over the term of the subscription. 40. PennDOT has maintained its current subscription with KeyNet since at least the 2013 calendar year. a. KeyNet has consistently supplied its one-year subscription to PennDOT at a reduced rate of $2,205.90 annually. 41. PennDOT's subscription with KeyNet included a total of thirty-four individual accounts for use, including three accounts for District 12-0, from March 25, 2017, through March 23, 2021. a. One KeyNet account was maintained for each survey crew in place at each of PennDOT's eleven Engineering Districts. b. Multiple PennDOT Engineering Districts, including District 12-0, utilized the same password to access their respective KeyNet accounts. C. PennDOT Engineering Districts used only a simple variation of usernames to access the KeyNet accounts assigned to their respective districts (e.g. Username District 12a, District 12b, District 12c, etc.). Wanson, 22-003 Page 18 42. From at least March 25, 2017 through March 23, 2021, the District 12-0 Survey Department maintained a total of approximately eleven employees, including Wanson. a. The Survey Department was composed of three survey crews, one office employee, and Wanson. Each of the survey crews was composed of a team leader (aka crew supervisor or party chief} and two survey technicians. aa. The survey crews performed the majority of their job responsibilities in the field. 2. The Survey Department office was routinely staffed by Wanson and a survey technician who was not assigned to any specific survey crew. aa. Wanson performed the majority of his job responsibilities from the Survey Department office. bb. The survey technician assigned to the Survey Department office performed the majority of his/her responsibilities from the Survey Department office. 43. Survey crews within each Engineering District's Survey Department are responsible for completing surveying tasks as assigned by the Chief of Surveys within their Engineering District. a. PennDOT survey crews routinely perform three-dimensional surveys for the planning and designing of bridges, highways, rights -of -way, ramps, road relocation, etc. 44. Survey crew members did not routinely report to the District 12-0 office at 825 North Gallatin Avenue, Uniontown, Pennsylvania, to begin or conclude their workday. a. The individual survey crews reported to county offices and/or maintenance sheds (hereafter "staging sites") within their assigned county in District 12-0's area of operations. 1. District 12-0 encompasses the geographic boundaries of Washington, Westmoreland, Greene, and Fayette Counties. 45. Survey crew team leaders are provided custody of a PennDOT work truck for use in association with their daily duties and responsibilities. a. The crew leaders utilize their respective work vehicles to commute from their residences to the applicable staging shed/location, to the work site, and back. Wanson, 22-003 Page 19 1. All members of the survey crew travel from the staging site to the work site and back in the team leader's PennDOT work truck. 46. Work vehicles provided to survey crew team leaders contain compartments in which the survey crews' equipment for daily operations is stored. a. The survey crew equipment is locked within the vehicle and/or its compartments upon conclusion of each day's work. 1. Survey equipment stored within each vehicle and/or its respective compartments consists of various items, including the respective crew's Total Station, GPS Receiver, and Data Controller among others. 47. The Survey Department and its employees maintained routine workdays and hours of Monday through Friday, 7 a.m. to 3 p.m. with a one-half hour unpaid lunch. a. Survey crew employees were eligible to accrue both production and/or travel overtime in their positions. 1. Production overtime is overtime accrued as a result of performing work associated with a particular job. aa. Accrual of production overtime ranged from being physically present on a job site to performing computer work. 2. Travel overtime is overtime which is contractually allotted for any travel to and from a field job site totaling 25 miles or more by the shortest regularly traveled route. aa. Travel overtime accrued was added equally to the beginning and end of the employee's regular assigned shift (e.g. 1 hour overtime = 6:30 a.m. to 3:30 p.m. for a regular 7 a.m. ---- 3 p.m. shift). b. Survey crew members enter hours worked into the Commonwealth Employee Self Service (ESS) system which are verified by the survey crew team leaders. C. Wanson was eligible to accrue overtime in his position as the Chief of Surveys. 48. Survey crew employees were to depart from their respective staging sites on workdays by 7 a.m. and return to their staging sites by 3 p.m. unless accruing production overtime or working an alternate schedule. a. Survey crews were to cease actual surveying activities, including use of surveying equipment, prior to their scheduled end of shift when working a normal or alternate schedule to account for travel time back to the staging site. Wanson, 22-003 Page 20 The period of time in which District 12W0's KeyNet system account could be accessed prior to the end of the scheduled workday was dependent upon the distance of the job site from the staging site. b. Survey crews were to cease actual surveying activities, including use of surveying equipment, to allow for sufficient time to return to the staging site within the allotted parameters of approved production overtime to account for travel time. 49. District 12-0 survey crews have accrued production overtime, especially in relation to emergency situations, on weekdays after their regularly scheduled end of shift and/or on weekends in the past. a. Any/all logins to the District 12-0 KeyNet system account on weekdays (Monday through Friday) which occurred after scheduled end of day hours during the period of March 2017 through March 2021 were unrelated to PennDOT work projects. b. Any/all logins to the District 12-0 KeyNet system account on weekends/weekend days (Saturday and Sunday) which occurred during the period of March 2017 through March 2021 were unrelated to PennDOT work projects. 50. Buck Ridge Surveying, Inc. ("BRS") is a privately -owned, for -profit entity which primarily offers residential surveying and related services including boundary surveys, right-of-way surveys, property plat creation, property plat certification, etc. 51. Articles of Incorporation were filed with the Pennsylvania Department of State for BRS on July 5, 2016, with an effective date of June 2, 2016. a. BRS was assigned Entity No. 6412334. b. BRS was identified as a professional, for -profit entity. Brian Sokol ("Sokol") was the sole incorporator associated with BRS. d. BRS's registered corporate address is Sokol's residential address. 52. Wanson and Sokol each maintain a fifty percent ownership interest in BRS. a. Wanson and Sokol are the only BRS shareholders. b. Wanson and Sokol are the only BRS employees. 53. Wanson and Sokol are licensed as Professional Land Surveyors ("PLS") through the Pennsylvania Board for Professional Engineers, Land Surveyors, and Geologists. a. Wanson was issued a PLS license on June 19, 2001 Wanson's PLS license is currently active. Wanson, 22-003 Page 21 b. Sokol was issued a PLS license on June 30, 2020. 1. Sokol's PLS license is currently active. 2. Sokol possessed a Surveyor in Training license from May 2, 2016, to June 30, 2020. 54. BRS maintains a Business Advantage checking account ("Business Account") through Community Bank. a. The Business Account was opened on July 21, 2016, with a deposit of $1,535.00. 1. The initial signature card filed for the Business Account identified Sokol and his spouse (Traci Sokol) as authorized signatories. 2. An updated signature card for the Business Account was completed/filed on May 18, 2017, adding Wanson as an authorized signatory. b. The Business Account requires only one signature for withdrawals. C. Sokol maintains custody of BRS's financial documents (blank checks, bank statements, cancelled checks, credit card statements, lease agreements, etc.). d. Wanson was not involved with the financials for BRS, and he asserts that he never signed a check on behalf of BRS. 55. BRS maintains a cellular telephone account through Verizon Wireless, consisting of nine separate cellular telephone lines in Sokol's name. a. Wanson and Sokol each maintain a cellular telephone for personal and BRS use in association with cellular telephone lines assigned to BRS's account. 56. Wanson and/or Sokol performed residential -type surveying and related services with D. Paul Boord ("Boord") for private individuals from at least 2010 to approximately mid- 2016. a. Boord introduced Wanson and Sokol. 1. Boord was the Chief of Surveys at District 12-0 immediately prior to Wanson. aa. Wanson was employed with the District 12-0 Survey Department during Boord's tenure as the Chief of Surveys. 2. Boord was Sokol's father-in-law. Wanson, 22-003 Page 22 b. Boord utilized Wanson and/or Sokol (individually and together) to assist him in conducting survey services for private individuals. Boord's services were not performed under any formal business name or enterprise. Wanson did not seek approval from PennDOT for supplementary employment at that time. aa. Boord did not formally and/or regularly compensate Wanson for his services. 57. Boord ceased actively performing and/or participating in surveying activities for private individuals in or about July 2016. a. Wanson and Sokol continued to perform surveys and related services for private individuals from 2016 on. Wanson and Sokol worked independently at times before opting to form a partnership through which to provide surveying and related services. 58. Wanson and Sokol ultimately created and incorporated BRS as an S Corporation in July 2016 in an effort to formalize and legitimize the business. a. Sokol holds the office of President of BRS. b. No office of Vice -President exists within BRS's corporate structure. 59. Per Management Directive 515.18, Wanson completed and submitted a Supplementary Employment Request with a Supplementary Employment Affidavit to PennDOT's Employee Relations Division for approval on or about August 3, 2016, regarding BRS. a. Wanson provided information pertaining to his Chief of Surveys job duties as well as information related to duties associated with his requested supplementary employment with BRS. Wanson identified the BRS position for which he was applying as "Chief of Surveys." b. Wanson identified the date of his application for the position as August 1, 2016, with an expected commencement date of August 29, 2016. Wanson identified his supplemental workdays and hours as Saturday and Sunday, 8 a.m. — 4 p.m. 60. Attached to Wanson's Supplementary Employment Request was a Supplementary Employment Affidavit for PennDOT Employees ("Affidavit") signed and dated August 3, 2016, by Wanson. Wanson,22-003 Page 23 a. The Affidavit identified eight specific conditions which applied to Wanson's supplementary employment. 1. The second condition on the Affidavit reads, "I may not use information or data derived from my Department employment to further supplementary employment interests." 2. The seventh condition on the Affidavit reads, "My failure to comply with any of the preceding conditions may result in discipline up to and including my removal from employment." b. Wanson's signature on the Affidavit served as evidence that he had read and fully understood the conditions on the Affidavit. 61. Wanson received conditional approval of his Supplementary Employment Request effective August 11, 2016. . a. Wanson did not disclose or otherwise reveal on his Supplementary Employment Request or during the Supplementary Employment Request process his fifty percent ownership in BRS. 1. however, Wanson did report on his Statement of Financial Interests for filing year 2016 that he was the co-owner of BRS. 62. BRS performs client services in Greene, Fayette, Washington, and Westmoreland Counties with most of the surveying work being conducted in Greene County and Fayette County. a. BRS has no specific stand-alone office space or location from which it conducts its business/operations. 63. BRS does not actively market or otherwise advertise its services. a. BRS largely obtains/secures clients through personal relationships maintained by Wanson and Sokol with private individuals and/or by word of mouth. b. Potential clients routinely contact either Wanson or Sokol via cell phone. C. The BRS representative contacted by the client performs the necessary background work for the project, including courthouse research, deed searches, document collection, invoicing, etc., to prepare the job. d. Sokol documents/records the specific BRS clients which he secures and the specific BRS clients which Wanson secures. Waiisoti, 22-003 Page 24 64. BRS traditionally performed client services on weekends (Saturday and/or Sunday) and/or on weekdays (Monday through Friday) after Wanson's and/or Sokol's normal working hours. a. Wanson traditionally worked until 3 p.m. daily unless following an alternate work schedule. 65. Wanson and Sokol are each issued a monthly payment from BRS as a salary for services rendered as well as a separate monthly payment from BRS as reimbursement for any business -related expenses incurred. a. The payments are issued to Wanson and Sokol from the Business Account via physical checks. 1. Prior to December 2018, payments of salary and reimbursable expenses were included in one check. b. Monthly salary payments issued to Wanson and Sokol t1nough BRS remained static at $2,500.00 (gross) each from July 2018 through March 2021. 1. Monthly salary payments issued to Wanson and Sokol through BRS from September 2016 through June 2018 fluctuated occasionally. 66. Wanson and Sokol received and/or had received additional remuneration from BRS in the form of payments made for their leasing of personal vehicles to BRS for business purposes. a. Wanson entered into a lease with BRS for business use of his 2018 Chevrolet 4WD Crew Cab for the term of June 15, 2018, through June 30, 2023. Wanson received payment from BRS in the amount of $750.00 monthly from June 2018 through March 2021 per his lease agreement with BRS. b. Sokol entered into a lease with BRS for business use of his 2014 Ford F-150 for the term of June 1, 2018, through May 31, 2021. 1. Sokol received payment from BRS in the amount of $700.00 monthly from June 2018 through May 2020 per his lease agreement with BRS. aa. Sokol traded in his 2014 Ford F-150 and purchased a 2019 Ford F- 150 in the name of BRS on June 17, 2020. The $649.77 monthly payment due for the 2019 Ford F-150 utilized. by Sokol is automatically deducted from BRS's Business Account. Wanson, 22-003 Page 25 67. Wanson maintains an individual financial account as well as two joint financial accounts with his spouse (Barbara Wanson) at First Federal Savings & Loan Association of Greene County ("First Federal"). a. Wanson maintains an individual basic checking account at First Federal, 1. Wanson is the only authorized signatory on the account. b. Wanson and Barbara Wanson maintain a joint regular checking account and a joint savings account at First Federal. 1. Both Wanson and Barbara Wanson are authorized signatories on the joint accounts. 68. Equipment obtained by BRS via lease or purchase and maintained in BRS's inventory in association with its business operations includes the following: Leased / Description Make Model Serial No. Date Ordered Purchased Amount I! Total Station w/Acc TopCon ES-62 YK0122 February 22, 2019 Purchased $7,657,18 GA - Magnetic Locator Schonstedt 52CX 386546 July 30, 2020 Purchased $800.00 GA - Magnetic Locator Schonstedt 52CX 386547 July 30, 2020 Purchased $800.00 Laptop HP ZbookG5 5CD017KY80 July 29, 2020 Purchased $2,499.00 Sokkia GPS Receiver & Data Collector Laser Level Leica Netgear / Netgear Nighthawk Lie New Cingular Wireless dba GCX3 1 1387-14356 / February 25, 2021 Leased* $14,487.60 SHC6000 289329 NA332 124332335700 January 31, 2022 Purchased $342,99 1 Unknown Unknown March 4, 2021 $59.44A Purchased Monthly Wanson, 22-003 Page 26 Leased / Desc�r� �tioonn Make Model Serial No. Date Ordered Purchased Amount Mobile Hotspot Rtr AT&T w/ wireless Mobility subscription *Two-year term with end of lease purchase option of $1.00 "Router equipment fee of $8.34 monthly for 30 month term included in cost a. BRS did not own or lease a GPS Receiver and/or Data Collector to utilize for BRS operations until approximately late-February/early-March 2021. b. BRS did not contract with a private entity for GPS/GNSS service until at least February 25, 2021. 1. BRS's GPS/GNSS subscription with TopNet Live was incorporated into the lease contract for a GPS Receiver and Data Collector. 2. BRS's initial subscription with TopNet Live allowed for 100 hours of service use. C. BRS did not own or lease a dedicated mobile hotspot to utilize for BRS operations until approximately early -March 2021. 69. As the Chief of Surveys for District 12-0, Wanson was ultimately responsible for all survey and related equipment assigned or otherwise provided to the Survey Department at District 12-0, and he had knowledge of/familiarity with additional resources used in conjunction with the equipment. a. Wanson had unrestricted access to PennDOT-owned surveying equipment in the custody of the Survey Department at District 12-0 which was not specifically assigned to any of the survey crews for day-to-day use. b. Wanson was familiar with the KeyNet system, PennDOT's subscription for use of the KeyNet system, and the District 12-0 login and password information to access the KeyNet system. 70. From at least March 25, 2017, until March 24, 2021, multiple pieces of survey and related equipment owned by PennDOT, beyond that specifically assigned to the District 12-0 survey crews, were present at the District 12-0 Survey Department office, in quarters under the control of the Survey Department at District 12-0, and/or otherwise in Wanson's custody and control, including the following: a. Trimble GPS Receiver R8 - Model 3 — 67250-66, S/N: 5215485611 ("Trimble GPS Receiver R8 SIN: 5215485611"). Watrson, 22-003 Page 27 1. There were twelve Trimble GPS Receiver R8 - Model 3s purchased via Commonwealth Purchase Order No. 4300336031, Document No. 10832390. Each individual Receiver cost $18,153.00. The total price for all Receivers purchased was $217,836.00. The price for all items purchased on this bill was $331,717.00. b. Trimble Ranger/TSC3 Data Collector (TSC3101 — 001), SIN: RS19C23325 ("Trimble Ranger/TSC3 Data Collector SIN: RS 19C23325"). There were seventeen Trimble Ranger/TSC3 Data Collectors purchased via Commonwealth Purchase Order No. 4300336031, Document No. 10832390. Each individual Data Collector cost $4,945,50. The total price for all the Data Collectors purchased was $84,073.50. The price for all items purchased on this bill was $331,717.00. C. Verizon Wireless MiFi Card (717-585-8132), PennDOT ##: P000020638. 71. Although Trimble GPS Receiver R8 SIN: 5215485611 and Trimble Ranger/TSC3 Data Collector SIN: RS19C23325 were Wanson's responsibility and under Wanson's control, the equipment was not identified in or otherwise incorporated into the inventory conducted by District 12.0 IT Department personnel in 2016 or subsequent inventories completed. a. The original omission of the equipment from the initial 2016 inventory and Remedy system population upload resulted in no documentation in the Remedy system of the equipment's presence at District 12-0. b. As Chief of Surveys, it was Wanson's responsibility to present all equipment for inventory between 2016 and 2021. C. Wanson asserts that he always presented all equipment for said inventory between 2016 and 2021. 72. Wanson continuously removed Trimble GPS Receiver R8 SIN: 5215485611 and Trimble Ranger/TSC3 Data Collector SIN: RS19C23325 from the geographical boundaries of the District 12-0 engineering building/office specifically for his and/or BRS's private business use to complete surveys and related services for BRS clients over the date range of March 25, 2017, through March 23, 2021. a. Wanson did not request or receive approval from his superiors in the District 12-0 chain -of -command to remove and/or utilize PennDOT-owned equipment from District 12-0 for personal business purposes. b. Wanson would only remove spare equipment from the office for personal business use but would always return the equipment back to the office. C. Wanson was forthcoming about this information during his sworn statement and cooperated in the investigation. Wanson, 22-003 Page 28 73, Between March 25, 2017, and March 23, 2021, BRS utilized the Trimble GPS Receiver R8 SIN: 5215485611 and Trimble Ranger/TSC3 Data Collector SIN: RS19C23325 a minimum of 979 separate times over 358 separate days to log into/access PennDOT's KeyNet subscription in association with services provided to BRS's clients. a. Although the Trimble GPS Receiver R8 SIN: 5215485611 and Trimble Ranger/TSC3 Data Collector S/N: RS19C23325 were used on weekend days/weekends between March 25, 2017, and March 23, 2021, none of District 12- 0's three survey crews worked those weekend days/weekends. b. Although the Trimble GPS Receiver R8 SIN: 5215485611 and Trimble Ranger/TSC3 Data Collector SIN: RS 19C23325 were used Monday through Friday after 4:00 p.m. on dates between March 25, 2017, and March 23, 2021, none of District 12-0's three survey crews worked regular or alternate work schedules which extended their Monday through Friday workdays beyond 4:30 p.m. (5:00 p.m. accounting for travel time) during those weekdays. G. The aforementioned equipment, while utilized frequently, was only utilized for short durations of time which is typical for these pieces of equipment. 74. From March 25, 2017, through March 23, 2021, BRS performed a minimum of 411 individually -invoiced projects for private clients, resulting in BRS's receipt of payment in the minimum amount of $563,690.25. 75. BRS did not own or lease a GPS Receiver or Data Collector nor did BRS have its own GPS system subscription through which to operate such equipment at any time between the dates of at least March 25, 2017, through February 25, 2021. a. BRS utilized the Trimble GPS Receiver R8 S/N: 5215485611 and Trimble Ranger/TSC3 Data Collector S/N: RS 19C23325 on multiple occasions from at least March 25, 2017, through March 23, 2021, in conjunction with PennDOT's KeyNet subscription to facilitate completion of projects for various BRS clients. 76. All monies received by BRS in payment for services completed were deposited into BRS's business checking account maintained at Community Bank. a. From March 2017 through March 2021, deposits totaling approximately $571,854.09 were made into BRS's business checking account at Community Bank. 77. Of the 411 projects individually invoiced and ultimately completed by BRS from March 25, 2017, through March 23, 2021, approximately 163 (40%) were facilitated by use of the Trimble GPS Receiver R8 S/N: 5215485611 and Trimble Ranger/TSC3 Data Collector S/N: RS19C23325, resulting in BRS's receipt of fees in the amount of $318,585.00. Wanson, 22-003 Page 29 a. Wanson secured approximately 89 (55%) of the BRS clients and/or projects in which PennDOT surveying equipment was used, totaling approximately $165,250.00. b. Sokol secured approximately 74 (45%) of the BRS clients and/or projects in which PennDOT surveying equipment was used, totaling approximately $152,735,00, One project totaling approximately $600.00 for which PennDOT surveying equipment was used was not specifically credited to either Wanson or Sokol. 78. BRS averaged an approximate profit of 19.06% in relation to its business activities over the time frame of approximately March 2017 through March 2021, resulting in profit to the business of approximately $107,825.00. 79. Each of the BRS projects for which the Trimble GPS Receiver R8 SIN: 5215495611 and Trimble Ranger/TSC3 Data Collector SIN: RS19C23325 were utilized accounted for a minimum of one unauthorized login/use by Wanson of PennDOT's subscription to the KeyNet system. 80. Wanson's ability to log into/use PennDOT's subscription to the KeyNet system through his employment as the Chief of Surveys allowed BRS unfettered access to a GPS/GNSS system at no cost to BRS. 81. BRS realized an additional financial gain/benefit in the minimum amount of $12,540.00 as a result of Wanson's unauthorized accessing of PennDOT's KeyNet subscription in order to facilitate services performed by BRS for private clients spanning the time frame of March 25, 2017, through March 23, 2021. a. Subscriptions to the KeyNet system as advertised require a fee of at least $3,135.00 annually. b. Wanson's unauthorized accessing of PennDOT's KeyNet subscription occurred from March 2017 into March 2021. c. The cost to a private, for -profit business enterprise for a subscription to the KeyNet system for a period of four years totals $12,540.00 ($3,135.00 yearly subscription fee multiplied by four years). 82. BRS, as a business with which Wanson was/is associated, realized a financial benefit of no less than $90,055.00 as a result of Wanson utilizing PennDOT-owned equipment and accessing PennDOT's subscription to the KeyNet system for personal business activities on a continuous basis from March 25, 2017, through March 23, 2021, as shown below: Description Amount BRS Profit* $54,417A0 Wanson, 22-003 Page 30 Trimble GPS/GNSS Receiver $4,945.00 Trimble Data Controller $18,153.00 KeyNet Subscription $12,540,00 Total $90,055.00 *Rounded to nearest dollar; does not include profits issued to Wanson 83. In addition to the financial gain realized by BRS, from March 25, 2017, through March 23, 2021, Wanson realized an individual, personal financial benefit totaling at least $207,166.00 through BRS, in the form of wages received, profits received, and payments received for the leasing of his personal vehicle to BRS for business use. a. Of the 99 checks Wanson received from BRS, a minimum of 94 were deposited into Wanson's individual checking account at First Federal. 1. Wanson frequently received cash back from the total deposit amount at the time of the deposit. b. Two of the remaining five checks were deposited into the Wansons' joint checking account at First Federal. C. Wanson endorsed and negotiated the three remaining checks. 84. A significant amount of activity under District 12-0 login information on PennDOT's KeyNet subscription was identified as a result of an investigation being conducted by the Office of State Inspector General ("OSIG") at that time. a. The Photogrammetry Surveys Manager for the Bureau of Project Delivery Construct and Materials Division, Photogrammetty & Surveys., PennDOT, questioned the repetitive accessing of PennDOT's subscription to the KeyNet system with District 12-0 login information. Wanson was not the target of the original OSIG investigation. 85. Wanson's potential involvement regarding the repetitive District 12-0 login activity on PemiDOT's KeyNet subscription and his supplemental employment with BRS subsequently became known and the subject of a separate investigation by OSIG. 86. Wanson was interviewed during the course of the OSIG investigation regarding his supplemental employment with BRS. a. The interview focused on Wanson's personal use of PennDOT-owned equipment in relation to BRS and his accessing of PennDOT's subscription to the KeyNet system with District 12-0 login information for personal business purposes. Wanson, 22-003 Page 31 b. Wanson admitted to the unauthorized use of PennDOT equipment as well as the unauthorized use of PermDOT's subscription to the KeyNet system for BRS purposes during the interview. C. Wanson admitted that he was aware that he should have used his own GPS and surveying equipment for BRS jobs. 87. Upon conclusion of its investigation, OSIG provided Yassmin Gramian, P.E., Pennsylvania's Secretary of Transportation, with its June 4, 2021, Investigative Report in relation to Wanson. 88. Wanson's use of PennDOT-owned equipment and resources for personal business purposes conflicted with information, mandates, and prohibitions identified within the following: a. Governor's Code of Conduct, Executive Order 1980-18 dated May 1984. 1. Part 1, Restricted Activities, Conflict of Interest Section 5 prohibits the misuse of office facilities and equipment by any employee under the Governor's jurisdiction. aa. Misuse of office facilities and equipment is defined as use of any Commonwealth equipment, supplies, or property for his or her own private gain or for other than officially designated purposes. b. PennDOT Work Rules dated May 2010. l . Major Rule Violation, Number 19 — Unauthorized use of Department tools, equipment, reusable materials, property, facilities, or supplies. 2. Major Rule Violation Resulting in Immediate Discharge — Theft, misappropriation, or conversion of Department or anyone else's property without prior written approval of the District Executive Director/Bureau Director to include; aa. The taking, removal, acceptance or provision to others of Department property or any other property, even that with little or no apparent value, that an employee has access to during work hours or based on one's employment will result in discharge. Wanson signed an acknowledgement on June 1, 2010, verifying his receipt of PennDOT's Work Rules. C. Management Directive 205.34 (Amcnded) dated February 18, 2021 — Information Technology Acceptable Use Policy. Wanson, 22-003 Page 32 1. Enclosure 1,. Commonwealth Acceptable Use Standards for Information Technology (IT) Resources, Number 3 — General IT Resources Use, sub- section f — Authorized users may not use IT Resources to engage in personal, for -profit transactions or business, or to conduct any not -for -profit or fundraising activity not specifically sponsored, endorsed, or approved by the Commonwealth. 2. Enclosure 1, Commonwealth Acceptable Use Standards for Information Technology (IT) Resources, Number 14 — Unacceptable Uses of IT Resources, sub -section c — engaging in personal, for -profit transactions or business, supplemental employment activities, or conducting any fundraising activity not specifically sponsored, endorsed, or approved by the Commonwealth. d. Management Directive 515.18 dated March 2013 — Supplementary Employment Affidavit. 1. Condition Number 2 — Prohibition regarding use of information or data derived from.PennDOT employment to further supplementary employment interests. 89. Wanson was subsequently informed by Mary Machesky ("Machesky"), District 12-0 Human Resource Officer with the Pennsylvania Office of Administration — Human Resource Management, and Rachel Duda, Assistant District Executive - Design, District 12-0, that a pre -disciplinary conference was scheduled for August 18, 2021, regarding his actions/behavior as discovered through an investigation. a. Wanson ultimately agreed to resign in lieu of discharge without holding the pre - disciplinary conference. 90. Wanson completed and submitted a PennDOT Notice of Voluntary Separation for processing on August 31, 2021. a. Wanson's reason for separation was documented as "Voluntary Retirement." 1. The Remarks section of Wanson's Notice of Voluntary Separation documented, "Resign in lieu of Discharge." b. Wanson's Notice of Voluntary Separation documented his effective resignation date as September 3, 2021. G. Wanson's Notice of Voluntary Separation was countersigned by Machesky. 91. Wanson asserts the following with regard to mitigation in this matter: a. Since the outset of this investigation, Wanson has provided his full cooperation, including providing a sworn statement whereby he admitted to his wrongdoing and Wanson, 22-003 Page 33 demonstrated that he was remorseful for his actions. Wanson provided the investigators with any and all information they requested to conduct their investigation. Wanson's willingness to be forthcoming and take accountability for his actions has been considered in determining the negotiated settlement between the parties. b. Wanson contributed decades of service to PennDOT. C. Had there been a hearing in this matter, Wanson would have presented evidence that while he shared in BRS's profits in the amount of $54,417.00, he did in fact pay taxes on those profits, resulting in a lower net amount of gain. d. Had there been a hearing in this matter, Wanson would have presented evidence that while he admits that it was improper for him to remove any equipment belonging to PennDOT for his own personal use, he only utilized the older spare equipment that was stored away after new equipment was purchased. Thereafter, he would return the equipment to the PennDOT office. Moreover, while it is the nature of the use for this type of equipment, the equipment was only used for limited duration when utilized for a project. Much of the work on projects was handled by equipment belonging to BRS. 92. Statement of Financial Interests ("SFI") filing requirements for public officials and public employees are mandated by Section 1104 of the Ethics Act. a. Section I I04(a) reads, in part, as follows: "...Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position." 93. Wanson was required to file an SFI by May 1st annually in his capacity as the PennDOT District 12-0 Surveyor 2 (aka Chief of Surveys) for the Design Unit Survey Department. a. Wanson was employed as the PennDOT District 12-0 Chief of Surveys from approximately February 2003 to September 2021. 94. Wanson filed SFIs with PennDOT for calendar years 2016 through 2020 as follows: Filing Date Calendar Year March 23, 2017 2016 March 8, 2018 2017 Wanson, 22-003 Page 34 April 4, 2019 2018 February 11, 2020 2019 May 31, 2021 2020 95. Wanson received income totaling at least $53,204.00 from BRS, in the form of monthly payroll, profit distribution, and payments for the leasing of his private vehicle, in the 2018 calendar year. 96. Wanson failed to disclose BRS as a direct/indirect source of income on his 2018 calendar year SFI. a. Wanson asserts that the omission of this information was unintentional, as all necessary information was provided on his other SFIs. 97. Wanson received income totaling at least $53,204.00 from BRS in the 2018 calendar year. III. DISCUSSION: As a Surveyor 2 for the Pennsylvania Department of Transportation ("PennDOT") in Engineering District 12-0 from approximately February 2003 to September 3, 2021, Respondent Eric P. Wanson ("Wanson") was a public employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa. C.S. § 1101 et seq. Act: The allegations are that Wanson violated Sections 1103(a) and 1105(b)(5) of the Ethics (1) When he used the authority of his public employment to utilize PennDOT surveying equipment without authorization for the private pecuniary benefit of himself and/or Buck Ridge Surveying, Inc., a business with which he is associated; (2) When he used confidential information obtained through his public employment to utilize PennDOT's subscription to the KeyNet GPS system for the private pecuniary benefit of himself and/or Buck Ridge Surveying, Inc., a business with which he is associated; and (3) When he filed a deficient Statement of Financial Interests ("SFI") for calendar year 2018 by failing to identify Buck Ridge Surveying, Inc. as a source of income. 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: Wanson, 22-003 Page 35 § 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 following terms are 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. "Business." Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust or any legal entity organized for profit. "Business with which he is associated." Any business in which the person or a member of the person's immediate family is a director, officer, owner, employee or has a financial interest. 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 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 1103(a) of the Ethics Act prohibits the use of governmental facilities, equipment, time, and the like for private purposes. See, e g„ Sindiri, Order 1572; Debias, Order 1539; Neff, Order 1498; Morton, Order 1491; Rembold, Order 1417; Cobb, Order 1354; Confidential Opinion, Wanson, 22-003 Page 36 Order 05-001. Section 1105(b) of the Ethics Act and its subsections detail the information that a person required to file the SFI form must disclose. 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. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Wanson has held a Professional Land Surveyor license since June 2002. From approximately February 2003 to September 3, 2021, Wanson was employed with PennDOT as a Surveyor 2, in which capacity he served as Chief of Surveys for the Design Unit Survey Department ("Survey Department") of Engineering District 12-0 ("District 12-0"). Wanson's job duties and responsibilities included planning, organizing, and directing the activities of all survey personnel within District 12-0 and managing the assignment and maintenance of equipment. Surveying involves assessing and recording details about a specific area of land to determine the three-dimensional relationships between different locations. Surveying involves the use of specific equipment and, at times, Global Positioning System ("GPS") data acquired from satellites. Surveying operations utilize various types of equipment, including Global Positioning System/Global Navigation Satellite System ("GPS/GNSS") Receivers and Data Controllers. A GPS/GNSS Receiver locates multiple earth -orbiting GPS/GNSS satellites, calculates the distance to each, and uses the information to deduce its own location. Data Controllers are electronic held boobs that record and calculate points in the field. Prior to approximately 2016, no specific policies or procedures were in place for inventorying surveying equipment at PennDOT's Engineering Districts, nor was such equipment inventoried on a consistent basis. The Chief of Surveys was responsible for inventorying the equipment assigned to and utilized by the Survey Department in an. Engineering District. In or around 2014 or 2015, PennDOT's Photogrammetty and Survey Section, which utilized an Excel spreadsheet to track surveying equipment as it was received at PennDOT's Central Office for later distribution, began efforts to implement a standardized tracking system for the tracking of surveying equipment. A tracking process was then developed that could be utilized statewide for surveying equipment inventory purposes. In 2016, an inventory of surveying equipment was conducted at District 12-0 by the District 12-0 Information Technology ("IT") Department. The inventory was conducted by utilizing a copy of the Photogrammetry and Survey Section's Excel spreadsheet as a reference by which to identify surveying equipment to be logged into PennDOT's Remedy system for tracking/inventory purposes. The Excel spreadsheet identified twenty-two pieces of surveying equipment assigned to District 12-0. The IT Department relied on the Survey Department personnel to provide all of the equipment for inventorying purposes. A physical inventory identified twenty-six pieces of Wanson,22-003 Page 37 surveying equipment at District 12-0. All surveying equipment that was physically inventoried was logged into the Remedy system. KeyNet GPS ("KeyNet") is a privately -owned entity which runs a series of continuously operating, high precision GNSS reference stations that are linked together to create a Virtual Reference Station system. KeyNet offers subscriptions to the KeyNet system that provide real- time correction data to KeyNet clients to increase location accuracy. Subscribers can log into the KeyNet system via wireless internet technology and use GPS signals to tell the KeyNet system where they are. The KeyNet system subsequently corrects the GPS signals to the subscriber's location within one-half inch accuracy. Subscribers access the KeyNet system by logging in via a user name and a password. Anyone with access to a subscriber's user name and password can log into the KeyNet system under the subscriber's credentials. A record known as a "session" is created within the KeyNet system each time a subscription is used to log into the KeyNet system. KeyNet offers standard subscriptions to the KeyNet system on a monthly or annual basis. Fees for a one -month subscription total $375.00, and fees for an annual subscription total either $3,135.00 or $3,300.00 based on available payment options. Access to the KeyNet system through a subscription is unlimited over the term of the subscription. Since at least 2013, PennDOT has maintained a one-year subscription with KeyNet at a reduced annual rate of $2,205.90. From March 2017 through March 2021, PennDOT's subscription to the KeyNet system included a total of thirty-four individual accounts for use, including three accounts for District 12-0. During the time frame relevant to this matter, the District 12-0 Survey Department was composed of three survey crews, one office employee, and Wanson. The survey crews performed the majority of their job responsibilities in the field, while the Survey Department office was routinely staffed by Wanson and a survey technician. Wanson had unrestricted access to PermDOT-owned surveying equipment that was not specifically assigned to the survey crews for day-to-day use, and he was familiar with PennDOT's subscription to the KeyNet system and the District 12-0 login credentials. Wanson and Brian Sokol each own fifty percent of Buck Ridge Surveying, Inc. ("BRS"), which was incorporated in 2016, and they are the only BRS employees. BRS primarily offers residential surveying and related services, with most of the surveying work conducted in Greene County and Fayette County. On or about August 3, 2016, Wanson submitted a Supplementary Employment Request to PennDOT's Employee Relations Division, seeking approval for supplementary employment with BRS on Saturdays and Sundays from 8 a.m. to 4 p.m. commencing August 29, 2016. Wanson received conditional approval of his Supplementary Employment Request effective August 11, 2016. From at least March 25, 2017, until March 23, 2021, multiple pieces of surveying equipment owned by PennDOT were present at the District 12-0 Survey Department office, in quarters under the control of the District 12-0 Survey Department, or otherwise in Wanson's custody and control. The pieces of equipment included a Trimble GPS Receiver R8 - Model 3 — 67250-66, serial number 5215485611 (the "Trimble GPS Receiver"), which cost $19,153.00 when purchased by PennDOT, and a Trimble Ranger/TSC3 Data Collector (TSC3101 --- 001), serial number RS 19C23325 (the "Trimble Data Collector"), which cost $4,945.50 when purchased by PennDOT. The Trimble GPS Receiver and the Trimble Data Collector, which were purchased by Wanson, 22-003 Page 38 PennDOT in 2012, were not included in the 2016 inventory of surveying equipment conducted at the District 12-0 Survey Department or in annual inventories conducted thereafter. Between March 25, 2017, and March 23, 2021, Wanson continuously removed the Trimble GPS Receiver and the Trimble Data Collector from District 12-0 facilities to use them to complete surveys and related services for BRS clients. Wanson did not request or receive approval from his superiors in the District 12-0 chain -of command to utilize PennDOT-owned equipment for personal business purposes. The Trimble GPS Receiver and the Trimble Data Collector were used a minimum of 979 times over 358 days in conjunction with PeimDOT's subscription to the KeyNet system to facilitate the completion of projects for BRS clients. From March 25, 2017, through March 23, 2021, BRS completed a minimum of 411 individually invoiced projects for private clients. The Trimble GPS Receiver and the Trimble Data Collector were used on approximately 163 of these projects. The parties have stipulated that BRS realized a financial benefit of no less than $90,055.00 as a result of Wanson utilizing PennDOT- owned equipment and PennDOT's subscription to the KeyNet system for personal business activities on a continual basis from March 25, 2017, through March 23, 2021. See, Fact Finding 82. After an investigation conducted by the Office of State Inspector General ("OSIG") identified a significant amount of repetitive accessing of the KeyNet system with District 12-0 login information, Wanson's potential involvement in the repetitive accessing and his supplemental employment with BRS became the subject of a separate investigation by OSIG. During the course of OSIG's investigation, Wanson admitted to the unauthorized use of PennDOT equipment and PennDOT's subscription to the KeyNet system for BRS purposes. Following the conclusion of OSIG's investigation and the scheduling of a pre -disciplinary conference with regard to Wanson's actions, Wanson agreed to resign in lieu of discharge. Wanson resigned from his employment with PennDOT effective September 3, 2021. As a Surveyor 2 for PennDOT, Wanson was required to annually file an SFI by May 1 containing information for the prior calendar year. Although Wanson received income totaling at least $53,204.00 from BRS in 2018, he failed to disclose BRS as a direct or indirect source of income on his SFI for calendar year 2018. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Wanson's utilization of PennDOT surveying equipment without Wanson, 22-003 Page 39 authorization for the private pecuniary benefit of himself and/or Buck Ridge Surveying, Inc., a business with which he is associated; b. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Wanson's use of confidential information obtained through his public employment when he utilized PennDOT's subscription to the KeyNet GPS system for the private pecuniary benefit of himself and/or Buck Ridge Surveying, Inc., a business with which he is associated; and C. That a violation of Section 1105(b)(5) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Wanson filed a deficient Statement of Financial Interests for calendar year 2018 [by failing] to identify Buck Ridge Surveying, Inc, as a source of income. 4. Wanson agrees to make payment in the amount of $62,000.00 in settlement of this matter payable to the Commonwealth of Pennsylvania, in monthly payments of $1,723,00 over the course of three (3) years, with the first payment starting thirty (30) days from the issuance of the final adjudication in this matter. The payments shall be forwarded to the Pennsylvania State Ethics Commission. Respondent may pay more than the monthly amount, but that will be attributed to his balance and will not reduce the next monthly payment. Failure to abide by this payment plan may result in enforcement proceedings. 5. Wanson agrees to file a complete and accurate amended Statement of Financial Interests with the Pennsylvania Department of Transportation, through the Pennsylvania State Ethics Commission, for calendar year 2018 within thirty (30) days of the issuance of the final adjudication in this matter. 6. Wanson agrees to not accept any reimbursement, compensation or other payment from the Pennsylvania Department of Transportation representing a full or partial reimbursement of the amount paid in settlement of this matter. 7. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and will advise the Office of the Attorney General that a satisfactory result has been reached. Additionally, the Investigative Division agrees that it will Wanson, 22-003 Page 40 not make any recommendations to any other law enforcement entity or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. Should the Investigative Division be contacted by any other authority, the Investigative Division agrees to advise said authority that a satisfactory result was reached with the Respondent. a. Respondent has been advised that as a matter of course, all orders from the Commission are provided to the Attorney General. b. Respondent has been advised that all orders become public records and may be acted upon by law enforcement as they deem appropriate. The non -referral language contained in this paragraph is considered an essential part of the negotiated consent agreement. Consent Agreement, at 1-3. In considering the Consent Agreement, we accept the parties' recommendations for findings that violations of Section 1103(a) of the Ethics Act occurred in relation to: (1) Wanson's utilization of PennDOT surveying equipment without authorization for the private pecuniary benefit of himself and/or BRS, a business with which he is associated; and (2) Wanson's use of confidential information obtained through his public employment when he utilized PennDOT's subscription to the KeyNct system for the private pecuniary benefit of himself and/or BRS, a business with which he is associated. BRS is a business with which Wanson is associated in his capacities as an owner and an employee. BRS provides residential surveying and related services to its clients. In his capacity with PennDOT as Chief of Surveys for the Survey Department of District 12-0, Wanson had access to and control over various pieces of surveying equipment. Wanson also knew District 12-0's user name and password for accessing the KeyNet system through PennDOT's subscription to the KeyNet system. Between March 25, 2017, and March 23, 2021, two pieces of PennDOT-owned equipment that Wanson continuously removed from District 12-0 facilities were used a minimum of 979 times over 359 days in conjunction with PennDOT's subscription to the KeyNet system to facilitate the completion of projects for BRS clients. Wanson's use of the PennDOT-awned equipment and PennDOT's subscription to the KeyNet system for personal business purposes was unauthorized. BRS realized a financial benefit of no less than $90,055.00 as a result of Wanson's utilization of PennDOT-owned equipment and PennDOT's subscription to the KeyNet system for personal business activities from March 25, 2017, through March 23, 2021. Wanson, 22-003 Page 41 Based upon. the Stipulated Findings and Consent Agreement, we hold that Wanson violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § I I03(a), in relation to his utilization of PennDOT surveying equipment without authorization for the private pecuniary benefit of himself and/or BRS, a business with which he is associated. We further hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Wanson's use of confidential information obtained through his public employment when he utilized PennDOT's subscription to the KeyNet system for the private pecuniary benefit of himself and/or BRS, a business with which he is associated. We agree with the parties, and we hold, that a violation of Section I I05(b)(5) of the Ethics Act, 65 Pa.C.S. § 1 I05(b)(5), occurred when Wanson filed a deficient SFI for calendar year 2018 by failing to identify BRS as a source of income. As part of the Consent Agreement, Wanson has agreed to make payment in the amount of $62,000.00 payable to the Commonwealth as detailed herein. Wanson has further agreed to not accept any reimbursement, compensation or other payment from PennDOT representing a full or partial reimbursement of the amount paid in settlement of this matter. Wanson has additionally agreed to file a complete and accurate amended SFI for calendar year 2018 with PennDOT, through this Commission, within thirty (30) days of the issuance of the final adjudication in this matter. We determine that the Consent Agreement submitted by the parties sets forth a proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Wanson is directed to make payment in the amount of $62,000.00 payable to the Commonwealth of Pennsylvania by way of monthly payments in the amount of $1,723.00 each over the course of three years, with each such payment to be made payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission, and with the first such payment to be forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (301") day after the mailing date of this adjudication and Order. Wanson may make payment in excess of the monthly amount of $1,723.00, but any excess payment will be attributed to the balance owed and will not reduce the amount due in the next monthly payment. Wanson is directed to not accept any reimbursement, compensation or other payment from PermDOT representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Wanson is directed to file a complete and accurate amended SFI for calendar year 2018 with PennDOT, through this Commission, by no later than the thirtieth (30t") day after the mailing date of this adjudication and Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. Wanson, 22-003 Page 42 IV. CONCLUSIONS OF LAW: 1. As a Surveyor 2 for the Pennsylvania Department of Transportation ("PennDOT") in Engineering District 12-0 from approximately February 2003 to September 3, 2021, Respondent Eric P. Wanson ("Wanson") was a public employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. 2. Wanson violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his utilization of PennDOT surveying equipment without authorization for the private pecuniary benefit of himself and/or Buck Ridge Surveying, Inc., a business with which he is associated. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Wanson's use of confidential information obtained through his public employment when he utilized PennDOT's subscription to the ICeyNet GPS system for the private pecuniary benefit of himself and/or Buck Ridge Surveying, Inc., a business with which he is associated. 4. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Wanson filed a deficient Statement of Financial Interests for calendar year 2018 by failing to identify Buck Ridge Surveying, Inc. as a source of income. In Re: Eric P. Wanson, File Docket: 22-003 Respondent Date Decided: 4/12/23 Date Mailed: 4/14/23 ORDER NO. 1820 Eric P. Wanson ("Wanson"), a public employee in his capacity as a Surveyor 2 for the Pennsylvania Department of Transportation ("PennDOT") in Engineering District 12-0 from approximately February 2003 to September 3, 2021, violated Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), in relation to his utilization of PennDOT surveying equipment without authorization for the private pecuniary benefit of himself and/or Buck Ridge Surveying, Inc., a business with which he is associated. 2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Wanson's use of confidential information obtained through his public employment when he utilized PennDOT's subscription to the KeyNet GPS system for the private pecuniary benefit of himself and/or Buck Ridge Surveying, Inc., a business with which he is associated. 3. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Wanson filed a deficient Statement of Financial Interests for calendar year 2018 by failing to identify Buck Ridge Surveying, Inc. as a source of income. 4. Per the Consent Agreement of the parties, Wanson is directed to snake payment in the amount of $62,000.00 payable to the Commonwealth of Pennsylvania by way of monthly payments in the amount of $1,723.00 each over the course of three years, with each such payment to be made payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission, and with the first such payment to be forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30'h) day after the mailing date of this Order. a. Wanson may make payment in excess of the monthly amount of $1,723.00, but any excess payment will be attributed to the balance owed and will not reduce the amount due in the next monthly payment. 5. Wanson is directed to not accept any reimbursement, compensation or other payment from PennDOT representing a full or partial reimbursement of the amount paid in settlement of this matter. 6. To the extent he has not already done so, Wanson is directed to file a complete and accurate amended Statement of Financial Interests for calendar year 2018 with PennDOT, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30"') day after the Wanson, 22-003 Page 44 mailing date of this Order. 7. Compliance with paragraphs 4, 5, and 6 of this Order will result in the closing of this case with no further action by this Commission. a. Non-compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Shelley Y. S s, Chair