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HomeMy WebLinkAbout1283 ReisIn Re: Frederick Reis, Sr. File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Daneen E. Reese Frank M. Brown Susan Mosites Bicket Donald M. McCurdy Michael Healey 02- 057 -C2 Order No. 1283 6/23/03 7/8/03 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. §§ 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was held. The record is complete. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Reis 02- 057 -C2 Page 2 I. ALLEGATION: That Frederick Reis, a (public official /public employee) in his capacity as a Supervisor for Benezette Township, Elk County, violated the following provisions of the Ethics Act (Act 93 of 1998) when he used the authority of his office for a private pecuniary gain of himself and /or a business with which [sic] and /or a member of his immediate family is associated, including but not limited to using township equipment for the benefit of Big Elk Lick Camp Ground, a business owned by him or his son. Section 1103. Restricted activities. (a) Conflict of interest. - -No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. §1103(a). Section 2. 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 p ublic office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 P.S. §1102. II. FINDINGS: A. Pleadings 1. On August 7, 2002, a letter was forwarded to Frederick Reis, by the Investigative Division of the State Ethics Commission informing him that a complaint against him was received by the Investigative Division and that a full investigation was being commenced. a. Said letter was forwarded by certified mail, no. 7001 1940 0001 2179 5377. b. The domestic return receipt bore the signature of F. B. Reis, with a delivery date of August 9, 2002. 2. On January 9, 2003, a letter was forwarded to Frederick Reis by the Investigative Division of the State Ethics Commission informing him that the allegations contained in the August 7, 2002, letter were being amended. a. Said letter was forwarded by certified mail no. 7000 1670 0005 2766 5125. b. The domestic return receipt bore the signature of Sandra Amman with a delivery date of January 11, 2003. 3. Periodic notice letters were forwarded to Frederick Reis in accordance with the Reis 02- 057 -C2 Page 3 provisions of the Ethics Law advising him of the general status of the investigation. 4. The Investigative Complaint was mailed to the Respondent on February 3, 2003. 5. Benezette Township is a second -class township and the board of supervisors is comprised of three members. a. All three supervisors are working supervisors and work as needed for the township. b. Supervisor appointments as laborers for the township is done annually during reorganization meetings of the township. 6. As Roadmaster, Reis is responsible for overseeing township roadwork and projects and supervision of the road crew. a. The township employs three part -time, as needed road workers. 7. The township owns several pieces of heavy equipment and vehicles, including the following: a. Township heavy equipment includes a Case 580D loader /backhoe and a Caterpillar grader. b. Township vehicles include a Chevy pickup truck with snowplow, a GMC pick -up truck with snowplow, and a Ford dump truck with snowplow. 8. The township does not permit personal use of township owned vehicles, equipment, materials, or supplies by township officials, township employees or private citizens. a. This policy is not written. b. This policy is common knowledge among township officials. 9. In the summer of 1999, the Pennsylvania Department of Transportation (PennDOT) was resurfacing and widening State Route 555 through Benezette Township. a. Hawbaker, Inc., State College, PA was the contractor awarded the contract by PennDOT for the project. 10. The entrance and registration /maintenance area of the Campground [Big Elk Lick Campground] are visible from Route 555. B. Stipulations 11. As to the preliminary inquiry and investigation,] all of that was done within the time ... it was] ...required to be done. 12. [T]he complaint was filed on June 5, 2002. The preliminary inquiry was authorized by the executive director on June 11, 2002, and a full investigation was authorized by the executive director of the commission on August 7 2002. 13. [The issue of the use of township equipment for personal use is limited to whether] Reis, at any time, use[d] the township loader for his own primary benefit. C. Testimony Reis 02- 057 -C2 Page 4 14. Gary Winslow is the roadmaster for Benezette Township. a. One of the township vehicles is a Trojan front -end loader. 1. The Trojan is a four -wheel drive vehicle with only a loader bucket on the front. b. A highway improvement project occurred in 1999 with Glenn Hawbaker as the contractor. 1. Scrap material consisting of asphalt, dirt and rock was obtained from the project. (a) Some of the material was dumped at Big Elk Lick and on township property. c. Township equipment may not be used by the public or township officials/ employees. d. Reis owns a dump truck and backhoe. e. Bill Woodring, Reis and Winslow operate township equipment. f. Winslow stated that Reis did not have /use township equipment at his Campground. 15. Raymond Laughlin is a former supervisor and roadmaster in Benezette Township. a. Reis used township equipment at the Big Elk Lick Campground. (1) Laughlin was driving his vehicle behind the Trojan on the day Reis drove it to the Campground. (2) The Trojan was used by Reis to haul berm material from the pile dumped by the contractor to locations farther back on the Campground. (3) Laughlin saw the activity from a vantage point on the road. (4) Laughlin knew it was the Trojan because he bought the vehicle when he was associated with the township. (5) Laughlin saw Reis on two or three occasions use the Trojan at the Campground. (6) Reis loaded some of the berm material at the Campground for use on township roads. (a) Most of the berm material at the Campground was used by Reis within the Campground. b. Laughlin testified that the Trojan was at the Campground for longer than a month. 16. James McClellan is a member of the Vacancy Board of Benezette Township. a. Reis was aware of the township policy that township equipment cannot be used for personal purposes. Reis 02- 057 -C2 Page 5 b. After the highway project was completed, McClellan saw the township front -end loader in front of the barn on the Big Elk Lick Campground. (1) The loader was sitting by a big pile of material that had been removed from the berm pile and dumped there. (a) The berm pile came from the highway project. (2) McClellan stated that the township loader was at the Campground for two to three weeks. 17. Ronald Rishel was a supervisor and roadmaster in Benezette Township from approximately 1999 to the spring of 2001. a. Rishel knows Reis as a supervisor and neighbor. b. Rishel has a familiarity with the township vehicles. c. The highway project was done before Rishel became a supervisor. (1) Berm material from the project was given to the township and to private individuals. d. A large amount of berm material was dumped at Big Elk Lick. (1) Rishel stated that the township Trojan was at the Campground for a month or more. (a) The township Trojan was used there more than 10 times. e. Rishel talked to Reis on two occasions, telling Reis that it was not right for Reis to use township equipment in the Campground. f. Rishel saw Reis using the township Trojan loading the berm material for hauling in the Campground and out of the Campground. (1) Rishel observed Reis when he was driving by the Campground or from his home. g. After Rishel confronted Reis a second time about his using the township Trojan in the Campground, Reis took the Trojan back to the township. h. Reis used the Trojan to load berm material into a truck for hauling into the Campground. (1) Very little berm material was taken from the Campground to fix township roads. At a much later point in time, after Reis returned the Trojan to the township, he used his own equipment in moving the berm material on the Campground. 18. Richard Fuechslin is a special investigator with the State Ethics Commission. a. A review of county records reflect that Reis purchased the Campground in 1989. Reis 02- 057 -C2 Page 6 b. Fuechslin contacted Apple Tractor Equipment Sales, Rental, Leasing in Brockway, PA to get comparable rental rates for heavy equipment. (1) The exhibit from Apple Tractor contains current rental rates rather than for 1999. (2) The rental rates as to the equipment was based upon rentals that are less expensive than a Trojan loader. 19. Reis is a Benezette Township Supervisor. a. Reis was in charge of the road project for the township. (1) Reis handled the grant for the project. (2) The project was completed in October of 1999. b. There were waste agreements associated with the road project. (1) The agreements were between the general contractor, Hawbaker, and some property owners in the township. (2) The agreement allowed for the stockpiling of berm material on property which could be used by the township. (a) The material was to be removed within 30 days with the property restored to its prior condition. (3) Reis signed an agreement as to the Campground property. c. After the road project was completed, Reis, with township employee John Charlton, used the township front -end loader to load some berm material at the Campground for dumping on Winslow Road. d. Reis testified that when he was using the township Trojan, he did not use it to take berm material anywhere in the Campground. (1) Reis stated that he had the township Trojan at the Campground for only eight or nine days. e. After Rishel came a second time and told Reis that many complaints were received about his use of the township Trojan on the Campground, Reis returned the Trojan back to the township on the same day. f. The township Trojan was sold in February of 2000. g. Reis testified that he used his own equipment to load and level berm material to the back of the Campground where the berm was dumped over a cliff. 20. John Charlton is employed as a laborer in Benezette Township. a. For the road project, Hawbaker dumped a large amount of berm material at the Campground. b. Charlton worked with Reis to load some of the berm material at the Campground to fill in at the berm on a township road. Reis 02- 057 -C2 Page 7 (1) Charlton testified that he thought that the work at the Campground lasted about two weeks. c. Charlton was not present at the Campground as to all activities relating to the berm material pile. 21. Sandra Amann is the building permit and sewage application officer in Benezette Township. a. In a private capacity, Amann runs Big Elk Lick Campground. (1) Amann handles all aspects of the Campground business. b. In the fall of 1999, Amann expressed concern to Reis about the berm pile in the Campground because it was getting into the busy season. c. Amann testified that for a two -week period, Reis, with Charlton, loaded berm material at the Campground for dumping by Jim Herb on one township road and separately for dumping on Winslow Road. (1) Amann stated that no berm material was taken or spread in the Campground. (2) Amann testified that she knew the difference between township equipment and Reis' equipment. d. Amann did not identify the picture in R -2 as the township Trojan. (1) When shown the picture of the township Trojan, Amann identified it as belonging to Reis: "Yes, this is ours because he [Reis] used this to load this." e. Amann testified that she was present when Rishel told Reis to take the township Trojan out of the Campground and back to the township. 22. Mary Lou Pashon -Walck is the secretary /treasurer of Benezette Township. a. Reis, with township employee Charlton, used the township loader at the Campground. (1) A couple of loads were taken to fix township roads. (2) Pashon -Walck was not sure as to how long the Trojan was at the Campground. (3) Pashon -Walck had no first hand knowledge as to the amount of the berm pile at the Campground. b. Pashon -Walck works part -time at the township for nine hours per week. 23. Reis used the township front -end loader on the Big Elk Lick Campground for personal purposes for distributing berm material into the Campground. D. Documents Reis 02- 057 -C2 Page 8 24. ID4 is a photocopy of an assignment by Reis of his interest in a contract of sale between Reis individually and Fred and Hazel Campbell dated 6/28/89 for certain realty in Benezette Township, Elk County, PA, together with the contract of sale. a. Reis assigned his interest in the contract of sale to his son, Frederick B. Reis, Jr. and his son's spouse, Candy Ann Reis. b. The realty comprises the Big Elk Lick Campground. 25. I D7 consists of photocopies of 44 pages of documents sent by Reis to the Investigative Division. a. ID7, pp 4,5 are two pages of a letter from Reis to the Investigative Division where Reis recounts the moving and use of the township Trojan front end loader at Big Elk Lick Campground: "After removing berm material from the two locations, I moved the township loader to the Big Elk Lick sometime in September, 1999. The material was offered to local residents and I loaded several loads on the Jim Herb truck for use on a camp road in Benezette Twp. which ambulances had trouble traversing. I also moved piles to make room to access the parking area. While loading Jim Herb's truck, Supervisor Ron Rishel stopped and said he was getting complaints on my using the twp. loader. I immediately stopped using the twp. loader and returned it the same day to our township yard. The berm material remained on the Big EIk Lick until September of 2000, long after the township loader was sold. The storage of material on the Big EIk Lick was part of the township agreement. I agreed to this in the interest of keeping the Hawbaker trucks moving and for the benefit of Benezette Township. There was absolutely no pecuniary benefit to myself or any member of my family. If anything, in the interest of the township, there was business loss to the elk Lick in order to help the township in its paving program. In addition to the above, I have and always did have my own loader, and when I had the time, I removed the berm material (year 2000) and dumped it for fill as it could not be spread." 26. I D8 is a photocopy in part of equipment rental notes for the period 2002/2003 by Apple Tractor Equipment Sales, Rental, Leasing (Apple), Route 219, Brockway, PA. a. The monthly rental for a case back -hoe #580K is $1,800. b. ID11 is a photocopy of one page of rental rates from Apple. (a) A wheel loader, 23,000, #IT18/24F, two cubic yards (bucket) is subject to a (current) monthly rental rate of $2,600. III. DISCUSSION: At all times relevant to this matter, the Respondent, Frederick Reis, Sr., hereinafter Reis, has been a public official subject to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et seq., as codified by the Public Reis 02- 057 -C2 Page 9 Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegations are that Reis, as a Benezette Township Supervisor, violated Section 1103(a) of the Ethics Act when he used the authority of his office for a private pecuniary benefit for himself or a member of his immediate family by using the township front -end loader for the benefit of Big Elk Lick Campground, a business owned by him or his son. Section 1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Having noted the issues and applicable law, we shall now summarize the relevant facts. For the relevant time period Reis has been a supervisor in Benezette Township. In a private capacity, Reis is the owner /operator of the Big Elk Lick Campground (Campground) in Benezette Township. In 1999, there was a major road project in Benezette Township with Glen Hawbaker as the general contractor. A great deal of materials was produced from the highway project consisting of berm material composed of asphalt, dirt, and rock. Hawbaker entered into agreements with the township and private individuals for dumping some of the berm material on their properties. Two large piles of the berm material were dumped on township property and the Campground. After the berm material was deposited on the Campground, Reis went to the township and drove the townshi 3 Trojan, a front -end loader, to the Campground. With the exception of the testimony of Gary Ninslow, the Benezette Township roadmaster, all witnesses, including Reis, testified the townshi p front -end loader was at the Campground for a period of time. However, the testimony of the witnesses was disparate concerning how long the front -end loader was at the Campground and what Reis did with the township loader while it was there. The following is a summation of the witnesses who testified concerning the use by Reis of the township front -end loader at the Campground. Gary Winslow testified that Reis did not have or use township equipment at the Campground. Raymond Laughlin, a former Supervisor of Benezette Township, testified that Reis had the township front -end loader at the Campground for over a month and used the front -end loader for hauling berm material to locations back on the Campground. James McClellan, a Vacancy Board Member, testified that the township loader was at the Campground for two or three weeks. McClellan had no personal knowledge of the usage of the front -end loader at the Campground. Ron Rishel, another former Benezette Township Supervisor, stated that Reis had the township front -end loader at the Campground for a month or more and that Reis used the front -end loader to load berm material into a truck for hauling back into the Campground. Rishel also testified that Reis used the front -end loader to a much lesser extent to load a truck for hauling the berm out of the Campground for dumping on township roads. Reis, in his testimony, acknowledged that he had the township front -end loader at the Campground but testified that he only used it for loading trucks to take the berm material for dumping on township roads. Reis testified that he did not use the front -end loader for any personal purposes on the Campground. John Charlton, a Benezette Township laborer assigned to help Reis at the Campground, testified that Reis used the front -end loader to load berm material into a truck. Charlton thought that the work at the Campground lasted about two weeks. Finally, Charlton admitted that since he was not present at the Campground for all activities relating to the front -end loader, he could not testify as to what other activities occurred. Finally, Sandra Amann, who runs the Campground, testified that no berm material was taken or spread into the Campground. Although Amann testified she knew the difference Reis 02- 057 -C2 Page 10 between the township equipment and Reis' equipment, she did not identify a picture of the township front -end loader which she stated was equipment that belonged to Reis. After Rishel complained on two occasions to Reis that it was not proper for Reis to use township equipment in the Campground, Reis returned the front -end loader to the township. Reis testified that in the following year he used his own backhoe and truck and took the remaining berm material to the back of the Campground and dumped it over a cliff. In a letter to the Investigative Division, Reis however stated that at that time he moved the berm material, he dumped it for fill because it could not be spread. Having summarized the above relevant facts, we must now determine whether the actions of Reis violated Section 1103(a) of Act 9 of 1989. The Investigative Division has filed a Brief and makes the following arguments: a public official /public employee may not use public facilities, materials, time or equipment for private employment or business ventures; one computes value received by comparing the retail value at prevailing market rates for the given timeframe; Reis used the authority of his office for a private pecuniary benefit in that he did not incur any out of pocket expenses by using the township front -end loader for personal purposes; this Commission should impose restitution plus a treble penalty, due to the blatant and intentional nature of Reis' conduct; and this Commission should order a total payment $7,200 consisting of restitution of $1,800 plus a treble penalty of $5,400. The Respondent in his Brief proffers the following arguments: Reis only used the township front -end loader at the Campground for township business; the berm material removed from the Campground went on only township roads; Reis brought the front -end loader back to the township after being told of complaints; in 2000 -2001, Reis used his own equipment to move the remaining berm material around the Campground; Charlton's testimony corroborates Reis, that township equipment was used at the Campground to load berm material for dumping on township roads; Auditor Williamson and Secretary Pashon -Walck would know if someone used township equipment for personal purposes; the Investigative Division's witnesses do not contradict the testimony of Reis or his witnesses; one may conclude from the testimony of Laughlin and Rishel that they had confusion as to the time periods involved; from Rishel's testimony, one may conclude that he was less than candid in his statements; the Investigative Division did not establish that Reis obtained a private pecuniary benefit; the Investigative Division failed to show Reis used the front -end loader for personal use; the Investigative Division failed to establish how long Reis used the township front -end loader; and the Investigative Division failed to prove the amount of a pecuniary benefit, both in terms of a comparable rental as to the front -end loader and also as to cost of rentals during the relevant time frame. In applying Section 1103(a) of the Ethics Act to the instant matter, Reis used the authority of his office as to the township front -end loader. But for the fact that Reis was a Supervisor, he would not have been in a position to take the township front -end loader to the Campground. Use of authority of office extends beyond making motions and voting. See, Juliante, Order 809. The question becomes whether Reis' use of authority of office resulted in a private pecuniary benefit to him or his son as to the use of the township front -end loader. If the township front -end loader was used exclusively for township purposes at the Campground, such action would be authorized in law and would not be a private pecuniary benefit. However, if Reis used the township front -end loader for his own personal purposes, then the use of the township front -end loader would be contrary to law and a private pecuniary benefit. We have held that a public official /public employee cannot use government offices, equipment, personnel, and facilities for personal, political, re- election, or business purposes. See, Friend, Order 800, Rockefeller, Order 1004, Heck, Order 1251, and Catone, 994. Reis 02- 057 -C2 Page 11 The question of whether Reis used the township front -end loader on his Campground for township business purposes or personal purposes is a factual one and has to be resolved through a review of the record, in particular, a review of the testimony of the witnesses who had personal knowledge as to Reis' actions with the township front -end loader at the Campground. The testimony of Reis himself, the Benezette Township Roadmaster Gary Winslow, and Sandra Amann, the individual who runs the Campground, were all to the effect that Reis did not use the township front -end loader for personal purposes. In contrast, the testimony of two former supervisors, Raymond Laughlin and Ronald Rishel, was that Reis used the township front -end loader very little for township purposes but primarily for personal purposes of loading up and moving the berm material back into the Campground. Excluding Respondent Reis for the moment, we will consider the testimony of the other witnesses who purported to have personal knowledge as to Reis' activities with regard to the use of the township front -end loader at the Campground. Parenthetically, the testimony of John Charlton, a laborer at Benezette Township who worked with Reis at the Campground when he was using the township front -end loader, is not insightful for the reason that the only times that Charlton was there was when Reis was using the front -end loader to load trucks for transporting a little of the berm for fill on township roads. Charlton readily admitted that he was not present at the Campground as to all activities relating to the berm pile. The five witnesses who professed to have personal knowledge were Gary Winslow, Sandra Amann, Raymond Laughlin, Ron Rishel, and Reis. As to the two witnesses, Gary Winslow and Sandra Amann, we have reliability issues as to the testimony of both of these witnesses. First, as to Gary Winslow, he testified that Reis did not have or use township equipment at the Campground. All other witnesses, including Reis, testified that the township front -end loader was at the Campground. Further, Winslow's testimony that Reis did not use such township equipment is nothing more than an assertion attempting to prove a negative which cannot be done. Similarly, with regard to Sandra Amann who operates the Campground for Reis, she incorrectly identified the picture of the township front -end loader as a piece of equipment belonging to Reis. Given the errors in the testimony of Winslow and Amann and their relationships to Reis, we reject their testimony as being unreliable. Regarding the testimony of Laughlin and Rishel, we find their testimony to be believable. Although Reis portrayed Rishel as a person who is at odds with Reis due to some boundary dispute and other issues, we find Rishel to be a truthful and honest witness. As to Laughlin, Reis did not raise any issues as to his credibility. Both Laughlin and Rishel testified that they personally saw Reis on several occasions using the township front -end loader at the Campground to load berm to be moved back into the Campground. We find as a fact that Reis used the front -end loader on the Campground for personal purposes for distributing berm material into the Campground. Although Reis testified that he only used the township front -end loader to load trucks for dumping berm material on township roads, we do believe Rishel and Laughlin who are two disinterested third parties. Although Reis asserts that both Laughlin and Rishel were confused as to the time periods involved, we found that those two witnesses had no confusion either as to when Reis used the township front -end loader at the Campground and what Reis did with the front -end loader while it was at the Campground. As to the various arguments made by both the Investigative Division and Reis, such have been addressed either directly or implicitly in the above analysis and discussion. Accordingly, Reis violated Section 1103(a) of the Ethics Act when he used the township front - end loader on the Big Elk Lick Campground for personal purposes for distributing berm material into the Big Elk Lick Campground, a business owned by Reis /his son. Reis 02- 057 -C2 Page 12 Having established a violation by Reis of Section 1103(a) of the Ethics Act, we shall now address the issue of restitution /treble penalty. The Investigative Division requests that we impose a restitution /treble penalty in the amount of $7,200 (restitution of $1,800 plus treble penalty of $5,400). We are not inclined to impose restitution /treble penalty for the reason we are not able to quantify from this record a sum which would represent the financial gain obtained by Reis in violating the Ethics Act. We have two problem areas in terms of attempting to quantify a financial gain by Reis as to the use of the township loader. First, we are not able to discern from a review of the record how long the township front -end loader was at the Campground. The testimony as to the length of the stay of the township front -end loader at the Campground varied from days to weeks to longer than a month. Second, in terms of using a basis to get a comparable value for use of a front -end loader, we believe that it is problematic to use current rental values rather than rental values for the fall of 1999 when Reis used the front -end loader. Further, there is also an issue of comparable values of comparing a backhoe with a front -end loader. In short, although there was a financial gain received by Reis, we are not able to quantify that gain. Hence, in the exercise of our discretion, we shall not impose restitution /treble penalty. See, Heck, Order 1251. Since Reis continues in office as a township supervisor, he is reminded that public office is a public trust. Reis must comport his conduct as a public official in the future so that he does not use township equipment, facilities, and personnel for any purpose other than for township use. IV. CONCLUSIONS OF LAW: 1. Reis, as a Benezette Township Supervisor, is a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Reis violated Section 1103(a) of the Ethics Act when he used the township front -end loader on the Big Elk Lick Campground for personal purposes for distributing berm material into the Big Elk Lick Campground, a business owned by Reis /his son. In Re: Frederick Reis, Sr. ORDER NO. 1283 File Docket: 02- 057 -C2 Date Decided: 6/23/03 Date Mailed: 7/8/03 1. Reis, as a Benezette Township Supervisor, violated Section 1103(a) of the Ethics Act when he used the township front -end loader for personal purposes by distributing berm material into the Big Elk Lick Campground, a business owned by Reis /his son. BY THE COMMISSION, Louis W. Fryman, Chair