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In Re: Brett Morgan,
Respondent
smm ETHICS COMMISSION
FINANCE BULDING
613 NORITI S I REE'T, ROOM 309
HARRISBURG, PA 17120-0400
File Docket:
Order No.
Date Decided:
Date Mailed:
22-0004-1
1826
1 O/4/23
10/6/23
Before: Michael A, Schwartz, Chair
Rhonda Hill Wilson, Vice Chair
Shelley Y. Simms
Paul E. Parsells
David L. Reddeoliff
T his is a final adjudication of the State Ethics Commission.'
FACMILE: 717-787-0806
WEMTE:
Procedurally, the Investigative Division of the State Ethics Commission conducted an
investigation regarding possible violation(s) of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa,C,S, § 1101 et M,, by the above -named Respondent. At the cornmencement
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.
L ALLEGATIONS:
That Brett Morgan, a public official in his capacity as President of Council for Mount
Jewett Borough, McKean County, violated Sections 1103(a), 1104(a), 1105(a), 1105(b)(2),
1105(b)(5), 1105(b)(6), 1105(b)(7), and 1105(b)(8) of the Ethics Act:
(1) When he used the authority of his public position for the private pecuniary benefit
of himself when lie voted to reappoint/appoint individuals to the Mount Jewett
Regional Sewer Authority Board with the knowledge and understanding that those
individuals intended to hire him;
(2) When he filed a delinquent Statement of Financial Interests for calendar year 2018
when he failed to identify the name and address of the source and the amount of
I Commissioner Robert P. Caruso recused himself from this matter and did not participate in the deliberations
involving this case.
Morgan, 22-0004-1
Page 2
any gift(s) and the amount of any payment for or reimbursement of actual expenses
for transportation and lodging/hospitality;
(3) When he filed a delinquent Statement of Financial Interests for calendar year 2019
when he failed to include his occupation/profession;
(4) When he filed a delinquent Statement of Financial Interests for calendar year 2021
when he failed to disclose direct or indirect sources of income totaling $1,300 or
more and when he failed to list all of his employment in any business entities; and
(5) When he filed a delinquent Statement of Financial Interests for calendar year 2022
when he failed to disclose all of his employment in any business entities.
II. FINDINGS:
Brett Morgan ("Morgan") has served as a Member of Council for Mount Jewett Borough
(`Borough"), McKean County, from November 14, 2005, to the present and as a Member
of the Mount Jewett Regional Sewer Authority ("Authority") Board of Directors ("Board")
from July 5, 2022, through the present.
a. Morgan served as the President of Borough Council from January 4, 2016, to April
2, 2018, and from November 21, 2018, to January 1, 2023.
b. Morgan has held no officer position on the Authority Board during his tenure.
C. In February 2020, Morgan began working part-time for the Authority as its plant
operator.
2. The Borough is governed by a Mayor and a seven -Member Council.
a. Borough Council holds one regularly scheduled legislative meeting on the first
Monday of each month.
1. Borough Council does not hold regularly scheduled agenda/workshop
meetings.
2. Borough Council holds special meetings as necessary.
b. Borough Council Members are not compensated for their service.
3. All Members of Borough Council, including the President of Borough Council, are eligible
to vote on motions on the floor.
a. The Mayor maintains voting privileges only upon a tie -vote occurring among
Borough Council.
Morgan, 22-0004-1
Page 3
4. Voting at Borough Council meetings routinely occurs in group "aye/nay" fashion after a
motion is properly made and seconded.
a. Voting involving controversial issues or issues on which significant discussion
occurs is routinely conducted in roll call fashion.
b. Abstentions or objections cast are specifically noted within the meeting minutes
regardless of the voting method.
5. Minutes of each legislative meeting are presented and reviewed at each subsequent
legislative meeting.
a. No formal vote is taken to approve/accept the minutes.
1. The President of Borough Council calls for any objections to the minutes
upon presentation at the meeting.
aa. The minutes are accepted as presented if no objections are voiced.
bb. Any objections made to the minutes are identified within the original
meeting's minutes and subsequently accepted at the following
meeting.
b. Acceptance of the minutes signifies the accuracy of the minutes.
6. Borough Council Members are provided with a meeting packet via email the Wednesday
prior to the regular legislative meeting.
a. The Borough Manager is responsible for determining the contents of and compiling
the meeting packet for issuance.
I. Borough Council Members may add items to the meeting packet by
notifying the Borough Manager of the desired addition(s).
b. The Borough Manager also places a physical copy of the meeting packet at each
Borough Council Member's seat prior to the convening of the legislative meeting.
7. The meeting packets routinely consist of the upcoming meeting agenda, a copy of the prior
month's meeting minutes, multiple reports (maintenance, finance, code enforcement,
Manager's, Treasurer's, etc.), and applicable correspondence.
a. Included within the Treasurer's report is the monthly bill list which is separated
into sections titled Bills Pending and Bills Paid.
1. The Bills Pending section represents bills received for payment between the
date of the prior meeting and the date of the current meeting which have not
yet been paid.
Morgan, 22-0004-I
Page 4
2. The Bills Paid section represents utility or other recurring bills which are
paid in advance of the legislative meeting to avoid incurring late fees.
b. The Borough Manager is responsible for the generation and issuance of checks for
payment of bills due.
8. Borough Council conducts a specific vote at each legislative meeting to approve the
Treasurer's report which includes the bill list of bills pending and bills paid.
a. Approval of the bills pending and bills paid is included within the overall motion
and vote to approve the Treasurer's report.
9. Signature authority over Borough accounts is maintained by the Borough Manager,
Borough Council President, Borough Council Vice -President, and Borough Council
President Pro-Tempore.
a. Borough checks issued require the signature of two of the authorized signatories.
b. All signatures on Borough checks must be live signatures.
Facsimile stamps are not utilized.
THE FOLLOWING FINDINGS RELATE TO THE CREATION OF THE AUTHORITY
BY BOROUGH COUNCIL AND THE AUTHORITY BOARD'S OPERATIONAL
PROCEDURES.
10. The Authority was created by Borough Council in 1997 pursuant to the Municipality
Authorities Act of 1945.
11. The Authority is currently governed by a five -Member Board.
12. The Authority Board holds one legislative meeting per month on the second Tuesday of
the month.
a. The Authority Board does not hold regularly scheduled agenda/workshop meetings.
b. The Authority Board holds special meetings as necessary.
13. Voting at Authority meetings routinely occurs in group aye/nay fashion after a motion is
properly made and seconded.
a. The Authority Board Chairman does not make or second motions.
b. Any objections or abstentions during voting and the Authority Board Member
objecting or abstaining are specifically identified within the minutes.
Morgan, 22-0004-I
Page S
14. The Authority Board conducts a formal vote at each legislative meeting to approve the
minutes of the prior month's Authority meeting.
a. Approval of the minutes as presented signifies that the minutes are accurate and no
corrections, additions, or deletions are needed.
b. Rejection of the minutes signifies that the minutes are inaccurate and/or require
edits,
If rejected, the reason for the rejection is stated at the meeting, the minutes
are subsequently edited, and the amended minutes are resubmitted for
approval at the subsequent Authority Board meeting.
15. A meeting packet is routinely assembled by the Authority Secretary/Treasurer and made
available to Authority Board Members in the Authority office the Thursday or Friday prior
to the upcoming legislative meeting for review.
a. The Authority Secretary/Treasurer makes a physical copy of the meeting packet
available at the Authority office for the Authority Board Members to pick up in
advance of the meeting.
1. Meeting packets not claimed by Authority Board Members in advance of
the meeting are placed at the applicable Authority Board Member's seat at
the meeting table.
b. Standard items within the meeting packet include the agenda, the draft of the prior
meeting's minutes, correspondence, reports (the maintenance report, financial
report, secretary report, etc.), open invoices, and the bill list.
C. The Authority Secretary/Treasurer emails the packets upon completion to any
Authority Board Member who requests such.
16, The Authority Board currently conducts individual votes at each legislative meeting to
approve payment of the monthly bills and payroll as presented within two separate financial
reports.
a. The No. 1 and No. 2 financial reports represent/identify all bills received, bills paid,
bills awaiting approval to be paid, and payroll from the prior legislative meeting to
the current legislative meeting.
1. The No. 1 financial report includes/documents all bills received, bills paid,
bills awaiting approval to be paid, and payroll not associated with Morgan.
2. The No. 2 financial report includes/documents all bills/payroll specifically
associated with Morgan.
Morgan, 22-0004-I
Page 6
aa. Morgan verbally abstains from the vote to approve the No. 2
financial report and signs a written abstention memo regarding such.
3. Prior to Morgan taking office as a Member of the Authority Board, the
approval to pay the monthly bills and payroll was completed in one all -
encompassing vote.
b. The Authority Secretary/Treasurer is responsible for generation and issuance of
checks for payment of bills due.
17. Authority employees are issued payroll every two weeks from the Authority's Payroll
Account maintained at Hamlin Bank.
a. The Authority Secretary/Treasurer provides employee payroll information to K.D.
Accounting & Tax via email each payroll period for determination of the amount
of taxes to be withheld from employee earnings.
Upon receipt of the tax information from K.D. Accounting & Tax, the
Authority Secretary/Treasurer generates a check from the Authority
General Fund for the applicable amount and deposits the check into the
Authority Payroll Fund (if needed) to cover the payroll withdrawal.
18. Signature authority over Authority accounts is maintained by the Authority Board
Chairman, Authority Board Vice -Chairman, and Authority Secretary/Treasurer.
a. Two signatures are required for all physical checks issued.
The Authority Secretary/Treasurer's signature is required as one of the two
signatures on all physical checks issued.
b. All signatures on Authority checks must be live signatures.
Facsimile stamps are not utilized.
19. Borough Council is responsible for the appointment of individuals to vacancies on the
Authority Board, whether those vacancies occur by reason of death, resignation, term
expiration, or otherwise.
a. Borough Council appoints individuals to the Authority Board to serve terms
totaling five years in length.
b. Full Authority Board terms begin in January and ultimately conclude in December.
20. Existing and/or pending vacancies on the Authority Board are not routinely advertised in
public circulars or otherwise posted at the Borough office, the Authority office, or other
locations within the Borough to allow for public notification.
Moran, 22-0004-1
Page 7
a. Identification of individuals interested and/or willing to serve on the Authority
Board normally occurs via word of mouth or via direct solicitation of individuals
by an existing Borough Council Member or Authority Board Member.
21. Individuals can identify their interest in serving as Members of the Authority Board
verbally or via a letter of interest.
a. The letter details their interest in serving, including identification of specific
education, skills, and/or prior experience which may be beneficial to the Authority.
b. The letter is submitted directly to the Authority, directly to the Borough, or to both
the Authority and the Borough for consideration.
1. The Authority may generate a letter to the Borough recommending
preferred individual(s) for appointment based on the number of vacant
seats.
aa. The Authority Board is not required to submit any
recommendation(s) to Borough Council.
bb. Borough Council is not mandated to follow any recommendation
submitted by the Authority Board.
22. Borough Council is to consider and ultimately appoint the required number of individuals
from those expressing interest to the available seats on the Authority Board.
a. Appointment of individuals to the Authority Board is carried out by a formal vote
of Borough Council.
THE FOLLOWING FINDINGS RELATE TO THE AUTHORITY PLANT AND ITS
OPERATION, THE EVENTS LEADING TO THE AUTHORITY CONTRACTING WITH
THE EADS GROUP FOR OVERSIGHT OF THE AUTHORITY PLANT, AND THE
HIRING OF MORGAN AS THE PART-TIME AUTHORITY PLANT OPERATOR.
23. The Pennsylvania Department of Environmental Protection ("DEP"), Bureau of Clean
Water, is responsible for administering the wastewater management program in
Pennsylvania.
24. The majority of drinking water or wastewater systems in Pennsylvania require a certified
operator for operation.
a. Wastewater systems requiring a certified operator include the following:
1. Publicly or non -publicly owned wastewater plants with hydraulic design
capacity over 2,000 gallons.
Morgan, 22-0004-1
Page 8
2. Single entity owned collection systems where the collection system relies
on treatment from a wastewater treatment system owned by the owner of
the collection system.
3. Satellite collection systems with pump stations that convey sewage to
treatment plants owned by a different entity.
4. Wastewater treatment systems that use treatment technology for which a
certification examination and subclassification is provided, prior to
discharging on the surface of the ground or in a subsurface manner.
25. DEP assigns a classification to wastewater treatment systems based on the size of the
system as well as a treatment subclassification to systems or laboratory supervisors based
on the treatment method used by the plant or the role performed by the lab supervisor.
a. Wastewater treatment system classifications include Classes A through E as
follows:
1. Class A: Greater than 5 MGD (million gallons per day).
2. Class B: Greater than 1 MGD but less than or equal to 5 MGD.
3. Class C: Greater than 100,000 GPD (gallons per day) but less than or equal
to 1 MGD.
4. Class D: Less than or equal to 100,000 GPD.
aa. Class Dc: System serves less than 500 individuals or has no more
than 150 connections (whichever is less); the source of water for the
system is exclusively groundwater; requires only disinfection; and
is not in violation of DEP rules and regulations.
bb. Class Dn: Meets all conditions of Dc and does not have any
disinfection.
5. Class E: Distribution and Consecutive Water Systems.
b. Wastewater treatment system subclasses include Subclassifications 1 through 5 as
follows:
1. Subclassification 1: Activated sludge.
2. Subclassification 2: Fixed film treatment.
3. Subclassification 3: Treatment ponds and lagoons.
4. Subclassification 4: Single entity collection system.
Morgan, 22-0004-1
Page 9
Subclassification S: Laboratory Supervisor.
26. A certified operator must hold the proper classification and subclassification certification
to operate their assigned system.
a. The certified operator must make all the process control decisions for the system
and must be on -site 24 hours a day or be available to be contacted if there is a need
to make a process control decision.
1. A process control decision is defined as any action to maintain or change
the quality or quantity of water being treated.
b. The operator's certification class must match or exceed the size classification of the
treatment system.
C. The operator's certification subclass must match the treatment technologies used in
the system.
27. Although most wastewater systems in Pennsylvania require a certified operator, not all
operators working at the facilities are required to be certified.
a. The DEP certification program allows certified operators to direct and oversee non -
certified operators' performance of certain actions using Standard Operating
Procedures ("SOP").
1. The SOP must be written and approved by the certified operator -in -
responsible -charge for the system.
2. Non -certified operators may perform activities including sample collection,
sample testing, etc., in accordance with the written SOP.
b. Although non -certified operators may perform activities under the written SOP, the
certified operator is legally responsible for the proper operation of the system.
28. Wastewater system owners are permitted to contract with an outside entity to provide
certified operator services provided that an employee/representative of the entity holds the
required certification.
a. The entity's certified employec/representative is responsible for generation of the
SOP and training non -certified staff on performing required testing, data recording,
proper operation of the system, etc.
29. The Authority wastewater treatment system is designated as a Class C, Subclass 3 system
by DEP.
Mores, 22-0004-1
Page 10
a. A certified operator for the Authority system must hold a minimum of a Class C
certification and a Subclass Level 3 certification.
30. The Authority system provides treatment/disposal service to approximately 372 residential
customers, 20 commercial customers, and one industrial customer in the Mount Jewett
area.
a. The Authority also provides treatment/disposal service for Hamlin Township and
Sergeant Township.
1. Sewage from portions of Sergeant Township and Hamlin Township is
pumped to the Authority infrastructure for treatment/disposal at the plant.
aa. The Authority bills Hamlin Township and Sergeant Township
directly for the service.
bb. The Authority is not responsible for the infrastructure at Hamlin
Township or Sergeant Township.
b. The Authority infrastructure and plant were owned and operated by the Borough
prior to the creation of the Authority.
31. The Authority regularly employs a total of three individuals, including a part-time
Secretary/Treasurer, a maintenance employee shared with the Borough, and a part-time
plant operator.
a. The shared maintenance individual is formally employed by the Borough but
performs work at the Authority including mowing grass, general maintenance,
checking meters, pulling pumps, and assisting the plant operator as needed.
1. The shared employee works at the Authority on a part-time basis.
b. The Borough issues the shared employee his total wages for each pay period.
1. The Authority pays a portion of the shared employee's wages directly to the
Borough as reimbursement for his total wages received.
32. The Authority employed John Hayduk ("Hayduk") as its wastewater plant operator on a
full-time basis from approximately May 1, 2015, through February 21, 2020.
a. Hayduk held certifications for Class A wastewater treatment systems with
Subclassifications 1 through 4 as of at least June 22, 2017.
1. Class A certification is the highest possible certification and allows for
operation of all lower classes of treatment facilities (B, C, D, and F).
b. Hayduk's last day of employment at the Authority plant was February 11, 2020.
Morgan, 22-0004-1
Page 11
1. On February 21, 2020, Hayduk received his final paycheck..
33. Hamlin Township is a Second Class township which surrounds the Borough.
34. Morgan was employed by Hamlin Township as a wastewater treatment system operator in
a non -certified capacity at the Hamlin Township Hazel Hurst wastewater treatment facility
from approximately June 19, 2016, until June 30, 2021.
a. Hamlin Township's wastewater treatment system required Class D, Subclass 1
certifications at a minimum.
1. Morgan currently holds ---- and at the time he was employed by Hamlin
Township held — wastewater certifications only for Class E, Subclass 4
systems.
b. Morgan was terminated effective June 30, 2021, from his Hamlin Township
employment due to budgetary constraints.
C. Morgan has served as a sewage consultant and back-up operator for Hamlin
Township on a contractual basis since approximately October 19, 2021.
35. Hamlin Township utilizes The FADS Group to serve as the certified operator for the Hazel
Hurst wastewater treatment facility located within Hamlin Township.
a. The EADS Group is a consulting firm involved in civil engineering, architectural
work, and design services.
1. Martin English ("English") is employed as a Project Manager/Engineer 1V
with The EADS Group and holds wastewater certifications for Class A and
E, Subclass 1 4 systems.
36. Morgan was familiar with The EADS Group and English through his employment with
Hamlin Township as an operator at the Hazel Hurst wastewater treatment facility.
a. The EADS Group/English began serving as the certified operator for the Hamlin
Township Hazel Hurst wastewater treatment facility effective July 7, 2017.
37. In or about late November/early December 2018, Morgan communicated with English and
requested a proposal from The EADS Group for performance of operator services at the
Authority plant.
a. Morgan was not associated with the Authority as a Board Member, employee,
contractor, consultant, or any other capacity at that time.
Morgan, 22-0004-I
Page 12
1. Morgan's sole official involvement with the Authority related to his office
as a Member of Borough Council and his responsibility as such to
participate in appointing individuals to vacancies on the Authority Board.
b. Morgan requested the proposal in conjunction with various Authority Board
Member and Borough Council Member concerns over Hayduk's
temperament/personality during Hayduk's prior employment with the Borough and
his employment with the Authority.
38, On December 3, 2018, at 4:31 p.m., English forwarded Morgan an email referencing the
subject of "Operator Assistance Service Proposal" with an attachment.
a. Attached to the email was an operator assistance services proposal dated December
3, 2018, addressed to the Borough.
1. The operating proposal incorrectly identified the Authority plant as the
Mount Jewett Borough Waste Water Treatment Plant.
2. The operating proposal incorrectly identified the proposal request as
originating from the Members of Borough Council.
aa. Minutes of Borough Council meetings spanning from January 2018
through December 2018 document no discussion or formal vote to
obtain an operating proposal from The EADS Group in relation to
the Authority plant or for the Borough to take control of the
Authority.
bb. The Borough has no jurisdiction or control over the day-to-day
operations of the Authority.
3. The operating proposal identified a term to encompass the remainder of
2018 and all of 2019.
b. Morgan responded to English at 4:34 p.m. that same day, acknowledging receipt of
English's email and the proposal.
39. English sent Morgan an additional email on December 4, 2018 at 2:57 p.m. which again
referenced the subject of "Operator Assistance Service Proposal" with an attachment.
a. English's email informed Morgan that the name on the proposal had been revised
and referenced an attached file.
b. The attachment was a revised operator assistance services proposal dated December
3, 2018, addressed to the Authority.
1. The operating proposal incorrectly identified the proposal request as
originating from the Authority.
Morgan, 22-0004-1
Page 13
aa. The proposal request was initiated by Morgan.
2. Remaining portions of the operating proposal remained the same as the
original operating proposal provided.
40. Authority Board Member/Vice-Chairman Brian Sees ("Sees") presented the subject of
retaining The EADS Group to serve as the Authority's certified operator to the Authority
Board for consideration in executive session at the Authority's December 13, 2018,
legislative meeting.
a. The Authority Board was composed of Mike Wennerstrom ("Wennerstrom")
(Chairman), Sees (Vice -Chairman), Jim Trussell ("Trussell"), Jeff Wolfe, and Gary
Geer ("Geer") at that time.
1. Geer was absent from the December 13, 2018, Authority Board meeting.
b. Sees presented information regarding potential savings to the Authority if Hayduk
was terminated as the full-time certified operator, The EADS Group was retained,
and a part-time operator was hired.
41. Upon adjourning the executive session and reconvening the public meeting, Sees motioned
to "give it about three months" for the Authority to hire somebody for Hayduk to train and
at the end of three months for the Authority to utilize The EADS Group.
a. Wemlerstrom challenged Sees' motion and clarified that the Authority Board had
agreed to evaluate where the Authority was at in three months.
1. No decision had been made in the executive session to retain The EADS
Group in three months.
b. No vote or other formal action was taken by the Authority Board at the December
13, 2018, meeting to retain The EADS Group at that time or in the following three
months.
c. Sees' motion died for lack of a second.
42. Although no decision was made to retain The EADS Group at the December 13, 2018,
meeting, the Authority Board agreed to place an advertisement in The Brac ford Era and
The Kane Republican for a part-time plant operator in -training.
a. The Authority Board advertised for a part-time plant operator in -training to have
an operator in place if the Authority opted to contract with The EADS Group in the
future and to reduce operator costs associated with the Authority plant if The EADS
Group ultimately was not utilized.
Mom an, 22-0004-I
Page 14
1. Once trained, employment of the part-time operator was to allow the
Authority to cease paying Hayduk four total hours of overtime for work
performed at the Authority plant on Saturday and Sunday every week.
aa. Hayduk's regular hourly wage in 2019 was $22.61/hour.
i. Hayduk's overtime wage in 2019 was $33.92/hour.
bb. The proposed starting wage for a part-time operator in -training with
no existing certifications was $14.00 per hour.
43. No part-time operator in -training was ultimately hired by the Authority in 2019.
a. Minutes of the Authority Board meetings from January 2019 through December
2019 document no discussion or other consideration of retaining The FADS Group
to provide operator services for the Authority plant.
44. As of July 1, 2019, the Authority Board was composed of Wennerstrom (Chairman), Sees
(Vice -Chairman), Ernest Rankin ("Rankin"), John Keesee ("Keesce"), and Mark
Dillenbeck ("Dillenbeck").
a. Rankin was appointed to serve an unexpired term on the Authority Board at
Borough Council's July 1, 2019, legislative meeting.
l . The motion to appoint Rankin carried via 3-2 vote with Morgan casting the
deciding affirmative vote.
aa. Two vacancies existed on Borough Council at the time of Rankin's
appointment.
2. Sees had previously solicited Rankin to fill an unexpired term on the
Authority Board for which Rankin was not selected.
b. Sees' term was scheduled to expire at the conclusion of the 2019 calendar year and
Wennerstrom's term had unknowingly expired as of December 31, 2018.
l . The scheduled expiration of Sees' term and the error in Wennerstrom's term
effectively forecast two pending vacancies on the Authority Board as of
January 1, 2020.
45. As of the November 12, 2019, Authority Board meeting, Rankin and Sees began actively
discussing the potential of contracting with The EADS Group as a third -party entity to
provide the required certified operator for the Authority system.
a. Rankin's and Sees' consideration included possible financial savings to the
Authority and the desire to terminate Hayduk's employment at the Authority.
Morgan, 22-0004-I
Page 15
1. Rankin and Sees rationalized terminating Hayduk's employment as both a
cost savings to the Authority (because they would no longer need to pay a
full-time operator) and because they asserted that Hayduk, among other
prior actions, had acted in an insubordinate mamler to Sees at the November
12, 2019, meeting.
46. Contracting with The FADS Group would require the Authority to employ a part-time
plant operator to realize substantial financial savings.
a. Rankin and Sees were aware of the need to retain a part-time plant -operator if The
FADS Group was utilized.
b. Rankin and Sees did not intend to retain/employ Hayduk as the part-time plant
operator.
47. Neither Rankin nor Sees relayed their interest in contracting with The EADS Group for
certified operator services and/or terminating Hayduk's Authority employment to any of
the remaining Members of the Authority Board.
a. Wennerstrom, Keesee, and Dillenbeck had no specific knowledge of Rankin's and
Sees' intentions relating to The EADS Group and Hayduk's Authority
employment.
b. Wennerstrom, Keesee, and Dillenbeck supported Hayduk's employment as the
Authority's full-time certified plant operator.
48. Morgan did not maintain a social friendship/relationship with any of the existing Authority
Board Members during the time period of July 1, 2019, through February 12, 2020.
a. Morgan did not routinely/consistently speak with or interact with Members of the
Authority Board on a personal basis.
1. Morgan's primary interaction with the Authority Board Members during
this time was occasional public contact.
b. Morgan maintained a professionally friendly relationship with Authority Board
Members in association with his position as a Member of Borough Council.
1. Keesee and Dillenbeck served as Members of Borough Council with
Morgan during this time.
49. Morgan, Rankin, Sees, and English each maintained cellular telephones with service
through AT&T Wireless or Verizon Wireless between the dates of July 5, 2019, and
February 12, 2020, at a minimum as detailed in the chart below:
Name Account Holder Account No. Telephone No. Effective Date Provider
Morgan, 22-0004-I
Page 16
Name
Account Holder
Account No.
Telephone No.
Effective Date
Provider
Morgan
Courtney Baker
[redacted]
[redacted no. 1]
03/16/2015
AT&T
Rankin
Ernie Rankin
[redacted]
[redacted no. 21
11/25/2019—
Verizon
Rankin
Diana Rankin
[redacted]
[redacted no. 21
04/04/2007A
Verizon
Sees
Brian Sees
[redacted]
[redacted no. 31
10/17/2016
Verizon
English
Brian Sekula*
[redacted]
[redacted no. 4]
11/26/2009
Verizon
_Activated pre -paid account effective November 25, 2019
'Deactivated from Diana Rankin's post-paid account effective November 25, 2019
*The EADS Group account
50. From approximately July 5, 2019, through November 12, 2019, Morgan initiated telephone
calls and text messages to or was the intended recipient of telephone calls and text messages
from Members of the Authority Board as shown below:
a. Telephone calls:
Date
Monday, July 8, 2019
Monday, July 8, 2019
Monday, July 8, 2019
Monday, July 8, 2019
Thursday, July 11, 2019
Thursday, July 11, 2019
Thursday, July 18, 2019
Monday, August 5, 2019
Wednesday, August 7, 2019
Wednesday, August 7, 2019
Friday, August 9, 2019
Friday, August 9, 2019
Tuesday, August 13, 2019
Tuesday, September 3, 2019
Tuesday, September 10, 2019
Tuesday, September 17, 2019
Tuesday, September 17, 2019
Friday, September 27, 2019
Friday, September 27, 2019
Friday, September 27, 2019
Friday, September 27, 2019
Friday, September 27, 2019
Friday, September 27, 2019
Thursday, October 31, 2019
Local Titne
Duration
9:05:38 a.m.
0:40
1733758 p.m.
5:25
1:41:21 p.m.
7:32
5:14:56 p.m.
2:53
3:55:11 p.m.
1:26
4:40:30 p.m.
0:16
8:10:52 p.m.
9:50
9:15:19 a.m.
1:40
12:16:08 p.m.
9:01
7:41:17 p.m.
0:33
1:43:58 p.m.
0:34
1:56:04 p.m.
0:11
4:08:18 p.m,
0:38
8:19:59 a.m.
1:09
4:31:10 p.m.
0:31*
1:36:55 p.m.
0:09
2:17:46 p.m.
1:56
12:10703 p.m.
0:07*
1:24:51 p.m.
0:00
1:25:21 p.m.
0:00
1:26:00 p.m.
0:00
1:26:54 p.m.
2:33
1:29:43 p.m.
6:23
4:38:19 p.m.
3:29
From (originating number)
[redacted no. 5] (M. Wennerstrom)
[redacted no. 11 (Morgan)
[redacted no. r1(Morgan)
[redacted no. 6] (J. Keesee)
[redacted no. 61 (J, Keesee)
(redacted no. 21 (E, Rankin)
[redacted no. 11 (Morgan)
[redacted no. 51 (M. Wennerstrom)
(redacted no. 51 (M. Wennerstrom)
[redacted no. 51 (M. Wennerstrom)
[redacted no. 51 (M. Wennerstrom)
[redacted no. 5] (M. Wennerstrom)
[redacted no. 31 (B. Sees)
[redacted no. 61 (J. Keesee)
[redacted no. 31 (B. Sees)
[redacted no. 11 (Morgan)
[redacted no. 51 (M. Wennerstrom)
[redacted no. 61 (J. Keesee)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 21 (E. Rankin)
[redacted no. 21 (E. Rankin)
To (terminating number)
[redacted no. 11 (Morgan)
[redacted no. 51 (M. Wenners(rom)
[redacted no. 61 (J. Keesee)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 51 (M. Wennerstrom)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 1] (Morgan)
[redacted no. 51 (M. Wennerstrom)
[redacted no. I] (Morgan)
[redacted no. i 1 (Morgan)
[redacted no. 61 (1. Keesec)
[redacted no. 6] (1 Keesce)
[redacted no. 61 (J. Keesee)
[redacted no. 61 (J. Keesee)
[redacted no. 61 (J. Keesee)
[redacted no. I] (Morgan)
[redacted no. 11 (Morgan)
Morgan, 22-0004-1
Page 17
Dote
Local Time
Duration
From (originating number)
To (terminating ntnnber)
Wednesday, November 6, 2019
4:08:20 p.m.
3:21
[redacted no. 11 (Morgan)
[redacted no. 2] (K Rankin)
Wednesday, November 6, 2019
4:12:37 p.m.
0:06*
[redacted no. 31(B. Sees)
[redacted no, lj (Morgan)
Tuesday November 12 2019
4:25:35 p.m.
0:40
[redacted no. 1] (Iylprgan)__
[redacted no. 51 (M. Wennerstrom)
{voiceman tnvoivea in transaction
1. At least twenty-eight attempted calls/calls occurred between Morgan and
four Authority Board Members in the approximate four and one-half month
period from July 5, 2019, through November 12, 2019, as detailed below:
aa. Morgan and Wennerstrom: 11,
i. Wennerstrom was the Chairman of the Authority Board at
that time.
bb. Morgan and Keesee: 10.
i. Keesee served as a Member of Borough Council with
Morgan at that time.
CC. Morgan and Rankin: 4.
dd. Morgan and Sees: 3.
i. Sees was the Vice -Chairman of the Authority Board at that
time.
ee. Morgan and Dillenbeck: 0.
b. Text messages:
Date
Wednesday, October 2, 2019
Wednesday, October 2, 2019
Wednesday, October 2, 2019
Wednesday, October 2, 2019
Wednesday, October 2, 2019
Thursday, October 3, 2019
Thursday, October 3, 2019
Thursday, October 3, 2019
Thursday, October 3, 2019
Monday, October 28, 2019
Monday, October 28, 2019
Monday, October 28, 2019
Monday, October 28, 2019
Local Time
From (originating number)
8:49:25 a.m.
[redacted no. 1] (Morgan)
8:49:43 a.m.
[redacted no. 1] (Morgan)
12:49:53 p.m.
[redacted no. 1] (Morgan)
12:52:31 p.m.
[redacted no. 7] (M. Dillenbeck)
1:01:28 p.m.
[redacted no. 71 (M. Dillenbeck)
9:11:11 a.m.
[redacted no. 1] (Morgan)
9:19:05 a.m.
[redacted no. 7] (M. Dillenbeck)
3:34:32 p.m.
[redacted no. 1] (Morgan)
3:40:13 p.m.
[redacted no. 7] (M. Dillenbeck)
11:26:00 a.m.
[redacted no. 1] (Morgan)
12:08:22 p.m.
[redacted no. 1] (Morgan)
12:14:09 p.m,
[redacted no. 7] (M. Dillenbeck)
12:17:46 p.m.
[redacted no. t1 (Morganl_
To (terminating number)
[redacted no. 71 (M, Dillenbeck)
[redacted no. 71 (M. Dillenbeck)
[redacted no. 71 (M. Dillenbeck)
[redacted no. 11(Morgan)
[redacted no. I ] (Morgan)
[redacted no. 71 (M. Dillenbeck)
[redacted no. 11 (Morgan)
[redacted no. 71 (M. Dillenbeck)
[redacted no. I (Morgan)
[redacted no. 71 (M. Dillenbeck)
[redacted no. 71 (M. Dillenbeck)
[redacted no. I (Morgan)
[redacted no. 7j (M. Dillenbeck)
Mm an, 22-0004-I
Page 18
Date Focal Time
Monday, October 28, 2019 12:23:43 p.m.
Monday, October 28, 2019
12:24:34 p.m.
Wednesday, October 30, 2019
3:34:35 p.m.
Wednesday, October 30, 2019
3:39:33 p.m.
Wednesday, October 30, 2019
3:40:49 p.m.
Wednesday, October 30, 2019
3:50:23 p.m.
Wednesday, October 30, 2019
3:51:17 p.m.
Wednesday, October 30, 2019
3:58:08 p.m.
Wednesday, October 30, 2019
7.02:08 p.m.
Monday, November 4, 2019
11:15:40 a.m.
Monday, November 4, 2019 12:19:37 p.m.
Wednesday, November 6, 2019 4:02:38 p.m.
Thursday, November 7, 2019 7:40:14 a.m.
Thursday, November 7, 2019 7:44:30 a.m.
From (originating number)
[redacted no. 7] (M. Dillenbeck)
[redacted no. 71 (M. Dillenbeck)
[redacted no. 11 (Morgan)
[redacted no. 7] (M. Dillenbeck)
[redacted no. I (Morgan)
[redacted no. I] (Morgan)
[redacted no. I] (Morgan)
[redacted no. 11(Morgan)
[redacted no. 11 (Morgan)
[redacted no. 1] (Morgan)
[redacted no. 7] (M. Dillenbeck)
[redacted no, 2] (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 71(M. Dille
To (terminating number)
[redacted no. l] (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 71 (M. Dillenbeck)
[redacted no. 1] (Morgan)
[redacted no. 7] (M. Dillenbeck)
[redacted no. 71 (M. Dillenbeck)
[redacted no. 7] (M. Dillenbeck)
[redacted no. 7] (M. Dillenbeck)
[redacted no. 71 (M. Dillenbeck)
[redacted no. 71 (M. Dillenbeck)
[redacted no. 1 ] (Morgan)
[redacted no. 11(Morgan)
[redacted no. 71 (M. Dillenbeck)
At least twenty-seven text messages were exchanged between Morgan and
two Authority Board Members in the approximate four and one-half month
period from. July 5, 2019, through November 12, 2019, as detailed below:
Ra
bb.
CC.
dd.
ee.
Morgan and Dillenbeck: 26.
i. Dillenbeck served as a Member of Borough Council with
Morgan at that time.
Morgan and Rankin: 1.
Morgan and Wennerstrom: 0.
Morgan and Keesee: 0.
Morgan and Sees: 0.
51, Neither Sees nor Rankin took any formal steps from November 13, 2019, through January
6, 2020, to contact any representative(s) of The FADS Group.
a. January 6, 2020, was the date of the Borough's reorganization meeting at which
two appointees were to be named to the Authority Board.
52. Sees and Rankin discussed employing Morgan as the Authority part-time operator as early
as mid -November 2019 and onward in connection with the Authority's potential
contracting with The EADS Group.
a. Sees and Rankin were aware that Morgan was and/or had been employed in a
wastewater plant operator capacity at facilities in other local municipalities.
Mo roman, 22-0004-1
Page 19
53. From approximately November 13, 2019, through December 31, 2019, Morgan's
attempted contact/contact with Sees and/or Rankin via telephone and/or text messaging
significantly increased in comparison to attempted contact/contacts with Wennerstrom,
Keesee, and Dillenbeck as detailed below:
a. Telephone calls:
Date
Local Time
Duration
From (oriOnatin number)
To (terminating number)
Wednesday, November 13, 2019
4:45:05 p.m.
1:34
[redacted no, 11 (Morgan)
[redacted no. 71 (M. Dillenbeck)
Monday, November 19, 2019
4:52:22 p.m.
0:34*
[redacted no. 3] (B. Sees)
[redacted no. 1] (Morgan)
Tuesday, November 19, 2019
4;18:18 p.m.
5:31
[redacted no, 2] (E. Rankin)
[redacted no. 1] (Morgan)
Thursday, November 21, 2019
3:19:26 p,m.
0:00
[redacted no. 11 (Morgan)
[redacted no. 7] (M. Dillenbeck)
Tuesday, November 26, 2019
9:38:23 a.m.
2:48
[redacted no. 3] (B. Sees)
[redacted no. I] (Morgan)
Tuesday, November 26, 2019
9:51: l6 a.m.
1:09
[redacted no. 3] (B. Sees)
[redacted no. 11 (Morgan)
Tuesday, November 26, 2019
5:08:45 p.m.
0:31 *
[redacted no. 3] (B. Sees)
[redacted no. 11 (Morgan)
Tuesday, December 3, 2019
12:53:50 p.m.
6:54
[redacted no. 21(E. Rankin)
[redacted no. I ] (Morgan)
"Tuesday, December 3, 2019
3:11:16 p.m.
2:56
[redacted no. 31 (B. Sees)
[redacted no. 11 (Morgan)
Tuesday, December 3, 2019
3:54:36 p.m.
0:35
[redacted no. 31 (B. Sees)
[redacted no. I I (Morgan)
Wednesday, December 4, 2019
10:46:55 a.m.
5:09
[redacted no. 31 (B. Sees)
[redacted no. 11 (Morgan)
Saturday, December 7, 2019
12:44:08 p.m.
0:00
[redacted no. I ] (Morgan)
[redacted no. 31 (B. Sees)
Sunday, December 8, 2019
10:54:59 a.m.
0:00
[redacted no. 11 (Morgan)
[redacted no. 31 (B. Sees)
Sunday, December 8, 2019
11:26:11 a.m.
0:00
[redacted no. 11 (Morgan)
[redacted no. 31 (B. Sees)
Sunday, December 8, 2019
12:37:14 p,m,
0:00
[redacted no. 11 (Morgan)
[redacted no. 31 (B. Sees)
Monday, December 9, 2019
10:38:12 a.m.
0:00
[redacted no. 11 (Morgan)
[redacted no, 3] (B, Sees)
Monday, December 9, 2019
10:55:05 a.m.
0:00
[redacted no, 11 (Morgan)
[redacted no. 31 (B. Sees)
Monday, December 9, 2019
11:20:44 a.m.
0:00
[redacted no. 11 (Morgan)
[redacted no. 31 (B. Sees)
Monday, December 9, 2019
1:05:09 p.m.
0:00
[redacted no. 11 (Morgan)
[redacted no. 31 (B. Sees)
Monday, December 9, 2019
2:12:32 p.m.
0:00
[redacted no, 11 (Morgan)
[redacted no. 31 (B. Sees)
Monday, December 9, 2019
2:54:41 p.m.
1:58
[redacted no. 31 (B. Sees)
[redacted no. 1] (Morgan)
Friday, December 13, 2019
9:44:18 a.m.
11:52
[redacted no. 1] (Morgan)
[redacted no. 5] (M. Wennerstrom)
Monday, December 16, 2019
4:23:30 p.m.
0:23
[redacted no. 1] (Morgan)
[redacted no. 3] (B. Sees)
Monday, December 16, 2019
5:48;01 p.m,
0:30
[redacted no. 3] (B. Sees)
[redacted no. 1] (Morgan)
Wednesday, December 18, 2019
4:52:48 p.m.
0:00
[redacted no. I] (Morgan)
[redacted no. 3] (B. Sees)
Thursday, December 19, 2019
9:42:08 a.m.
1:24
[redacted no, 1] (Morgan)
[redacted no. 3] (B. Sees)
Thursday, December 19, 2019
9:47:56 a.m.
0:06*
[redacted no. 81 (B. Sees)^
[redacted no. 11 (Morgan)
Thursday, December 19, 2019
9:51:51 a.m.
0:00
[redacted no. 1 ] (Morgan)
[redacted no. 81 (B. Sees)'
Monday, December 23, 2019
2:07:40 p.m.
2:34
[redacted no. 1] (Morgan)
[redacted no. 2] (E. nankin)
Monday, December 23, 2019
2:10:39 p.m.
6:06
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
Monday, December 23, 2019
4:29:28 p.m.
1:53
[redacted no. 3] (B. Sees)
[redacted no. 11 (Morgan)
Saturday, December 28, 2019
10:30:17 a.m.
0:26
[redacted no. 31 (B. Sees)
[redacted no. 1] (Morgans
*Voicemail involved in transaction
^B. Sees' business telephone
i . At least thirty-two attempted calls/calls occurred between Morgan and four
Authority Board Members in less than a two -month period from November
13, 2019, through December 31, 2019, as detailed below:
aa. Morgan and Sees: 25.
bb. Morgan and Rankin: 4.
Morgan, 22-0004-I
Page 20
cc. Morgan and Dillenbeck: 2.
i. Dillenbeck served as a Member of Borough Council with
Morgan at that time.
dd. Morgan and Wennerstrom: 1.
i. Wennerstrom was the Chairman of the Authority Board at
that time.
cc. Morgan and Keesee: 0.
b. Text messages:
Date
Local Time
From (originating number)
To (terminating number)
Tuesday, November
25, 2019
7:00:47 p.m.
[redacted no. 71 (M. Dillenbeck)
[redacted no. 11 (Morgan)
Tuesday, December
3, 2019
12:52;14 p.m.
[redacted no. 21 (E. Rankin)
[redacted no. 11 (Morgan)
Tuesday, December
3, 2019
12:53:00 pan.
(redacted no. 11 (Morgan)
[redacted no. 21 (E. Rankin)
Tuesday, December
3, 2019
12:53:20 p.m.
[redacted no. 21 (E. Rankin)
[redacted no. 11 (Morgan)
Tuesday, December
3, 2019
12:53:24 p.m.
(redacted no. 11 (Morgan)
[redacted no. 21 (E. Rankin)
Monday, December
23, 2019
1:58:48 p.m.
[redacted no. 21 (E. Rankin)
[redacted no. 11 (Morgan)
Monday, December
23, 2019
1:59:15 pan.
[redacted no, 11 (Morgan)
[redacted no. 21 (E. Rankin)
1. At least seven text messages were exchanged between Morgan and two
Authority Board Members in less than a two -month period from November
13, 2019, through December 31, 2019, as detailed below:
aa. Morgan and Rankin: 6.
bb. Morgan and Dillenbeck: 1.
i. Dillenbeck served as a Member of Borough Council with
Morgan at this time.
CC. Morgan and Sees: 0.
dd. Morgan and Wennerstrom: 0.
ee. Morgan and Keesee: 0.
54. Communication between Sees and Rankin increased during the time frame of November
13, 2019, through December 31, 2019, in comparison with the time frame of July 5, 2019,
Morg_art, 22-0004-I
Page 21
through November 12, 2019, at the same time they increased their individual
communication with Morgan.
a. Sees and Rankin attempted and/or made a minimum of 39 telephone contacts with
one another from July 5, 2019, through November 12, 2019, as detailed below:
July August September October November
14 6 8 9 2
1. Rankin took office as a newly appointed Authority Board Member in July
2019.
b. Sees and Rankin attempted and/or made a minimum of 23 telephone contacts with
one another from November 13, 2019, through December 31, 2019, as detailed
below:
November
8
December
15
C. Over the date range of November 13, 2019, through December 31, 2019, Rankin
and Sees actively discussed contracting with The FADS Group and employing
Morgan at the Authority plant.
55. Sees and Rankin made multiple contact attempts and/or contacts with one another over the
date range of November 18, 2019, through December 31, 2019, contemporaneous to either
Sees or Rankin having communicated with Morgan via telephone or text message as
detailed below:
Date
Local Time
Duration
From (originating number)
To (terminating number}
Monday, November 18, 2019
4:42 p.m.
5
[redacted no. 2] (E. Rankin)
[redacted no. 31 (B. Sees)
Monday, November 18, 2019
4:52:22 p,m.
0:34
[redacted no. 3] (B. Secs)
[redacted no. 11 (Morgan)
Tuesday, November 19, 2019
4:18:18 p.m.
5:31
[redacted no. 2] (E. Rankin)
[redacted no. 11 (Morgan)
Monday, November 25, 2019
3;58 p.m.
2
[redacted no. 2] (E. Rankin)
[redacted no. 31 (B. Sees)
Tuesday, November 26, 2019
9:38:23 a.m.
2:48
[redacted no. 3] (13. Sees)
[redacted no. 11 (Morgan)
Tuesday, November 26, 2019
9:51:16 a.m.
1:09
[redacted no, 31 (B. Sees)
[redacted no. I] (Morgan)
Tuesday, November 26, 2019
9:53 a.m.
2
[redacted no. 3] (B. Sees)
[redacted no, 2] (E. Rankin)
Tuesday, November 26, 2019
4:10 p.m.
I
[redacted no. 31 (B. Sees)
[redacted no. 21 (E. Rankin)
Tuesday, November 26, 2019
5:08:45 p.m.
0:31
[redacted no. 31 (B. Sees)
[redacted no. 1] (Morgan)
Tuesday, December 3, 2019
12:52:14 p.m.
'Text msg
[redacted no. 21 (E. Rankin)
[redacted no, 1] (Morgan)
Tuesday, December 3, 2019
12:53:00 p.m.
Text msg
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
Tuesday, December 3, 2019
12:53:20 p.m.
Text msg
[redacted no. 2] (E. Rankin)
[redacted no. I] (Morgan)
Tuesday, December 3, 2019
12:53:24 p.m.
Text msg
[redacted no. 11 (Morgan)
[redacted no. 2] (E. Rankin)
Tuesday, December 3, 2019
12:53:50 p.m.
6:54
[redacted no. 21 (E. Rankin)
[redacted no. I] (Morgan)
Tuesday, December 3, 2019
3:11:16 p.m.
2:56
[redacted no. 31 (B. Sees)
[redacted no. 1] (Morgan)
Tuesday, December 3, 2019
3:15 p.m.
I
[redacted no. 3] (B. Sees)
[redacted no. 2] (E. Rankin)
Tuesday, December 3, 2019
3:54:36 p.m.
0:35
[redacted no. 31 (B. Sees)
[redacted no. 1] (Morgan)
Wednesday, December 4, 2019
9:27 a.m.
I
[redacted no. 3] (B. Sees)
[redacted no, 2] (E. Rankin)
Wednesday, December 4, 2019
10:46:55 a.m.
5:09
[redacted no. 31 (B. Sees)
[redacted no. 1] (Morgan)
Thursday, December 5, 2019
4:24 p.m.
3
[redacted no. 3] (B. Sees)
[redacted no. 2] (E. Rankin)
Saturday, December 7, 2019
12:44:08 p.m.
0:00
redacted no, 1 (Morgan)
redacted no. 3JAB, Sees
Morgan, 22-0004-1
Page 22
Date
Sunday, December 8, 2019
Sunday, December 8, 2019
Sunday, December 8, 2019
Monday, December 9, 2019
Monday, December 9, 2019
Monday, December 9, 2019
Monday, December 9, 2019
Monday, December 9, 2019
Monday, December 9, 2019
Monday, December 9, 2019
Monday, December 16, 2019
Monday, December 16, 2019
Tuesday, December 17, 2019
Wednesday, December 18, 2019
Thursday, December 19, 2019
Thursday, December 19, 2019
Thursday, December 19, 2019
Monday, December 23, 2019
Monday, December 23, 2019
Monday, December 23, 2019
Monday, December 23, 2019
Monday, December 23, 2019
Monday, December 23, 2019
Monday, December 23, 2019
Monday, December 23, 2019
Friday, December 27, 2019
Saturday, December 28, 2019
Sunday, December 29, 2019
Local Time
Duration-
10:54:59 a.m.
0:00
11:26:11 a.m.
0:00
12:37:14 p.m.
0:00
10:38:12 a.m.
0:00
10:55:05 a.m.
0:00
11:20:44 a.m.
0:00
1:05:09 p.m.
0:00
2:12:32 p.m.
0:00
2:54:51 p.m.
1:58
3:26 p.m.
1
4:23:30 p.m.
0:23
5:48:01 p.m.
0:29
3:32 p.m.
1
4:52:58 p.m.
0:00
9:42:08 a.m.
1:24
9:47:56 a.m.
0:06*
9:51:51 a.m.
0:00
I I :01 a.m.
2
1:58:48 p.m.
"Text msg
1:59:15 p.m.
Text msg
2:07:40 p.m.
2:34
2:10:39 p.m.
6:06
2:46 p.m.
1
4:29:28 p.m,
1:53
5:05 p.m.
2
3:24 p.m.
1
10:30:17 a.m.
0:26
3:23 p.m.
2
From (originating number)
[redacted no. I (Morgan)
[redacted no. I (Morgan)
[redacted no, 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 1] (Morgan)
[redacted no. 31 (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 1] (Morgan)
[redacted no, 3] (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 1] (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 81 (B. Sees)^
[redacted no. 1] (Morgan)
[redacted no. 21 (E. Rankin)
[redacted no. 2] (E. Rankin)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. I] (Morgan)
[redacted no. 31 (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 21 (E. Rankin)
[redacted no. 3] (B. Sees)
[redacted no. 3] (B. Sees)
--Whole numbers represent rounding to minutes by VC6ZOn Wireless; obtained from non -electronic source
^B. Sees' business telephone
To {terminating number)
[redacted no. 31 (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 31 (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 31 (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 1 ] (Morgan)
[redacted no. 21 (E. Rankin)
[redacted no. 31 (B. Sees)
[redacted no. 1 ] (Morgan)
[redacted no. 21 (E. Rankin)
[redacted no, 31 (B. Sees)
[redacted no. 31 (B. Sees)
[redacted no, 11 (Morgan)
[redacted no. 81(B. Sees)'
[redacted no. 31 (B. Sees)
[redacted no. 11 (Morgan)
[redacted no. 21 (E. Rankin)
[redacted no. 21 (E. Rankin)
[redacted no, 21 (E. Rankin)
[redacted no. 21 (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 21(B. Rankin)
[redacted no. 3] (B. Sees)
[redacted no. 1] (Morgan)
[redacted no. 21 (E. Rankin)
56, Between the dates of at least November 18, 2019, and January 6, 2020, Morgan had
multiple separate discussions with Sees and Rankin regarding the Authority possibly
contracting with The EADS Group, terminating Hayduk, and employing a part-time plant
operator to work under The EADS Group's supervision.
a. Over the span of discussions, Sees verbally informed Morgan of his desire to be
reappointed to the Authority Board and solicited Morgan's support in appointing
Oakley "Butch" Colley ("Colley") to the Authority Board.
b. Morgan ultimately contacted Colley and spoke with Colley regarding appointment
to serve on the Authority Board.
1. Morgan's cellular telephone records identified a telephone call to Diana
Rankin (Rankin's spouse) on December 18, 2019, at 12:10:48 p.m. for a
duration of two minutes, one second.
2. Morgan's cellular telephone records identified a call to Colley on December
18, 2019, at 12:13.18 p.m, for a duration of two minutes, fifty-seven
seconds.
Moi•gan, 22-0004-1
Page 23
aa. Morgan called Colley within thirty seconds of ending his telephone
call to D. Rankin's cellular telephone.
bb. The December 18, 2019, call was the only cellular call between
Morgan and Colley spanning the dates from July 5, 2019, to
December 18, 2019.
57. During the various contacts, Morgan informed Sees and Rankin that he would support
Sees' reappointment and Colley's appointment to the Authority Board at the Borough's
January 6, 2020 reorganization in exchange for Hayduk's termination from Authority
employment.
a. Morgan informed Sees and Rankin that the Borough would dissolve the Authority
and take control of the sewer system if Hayduk was not terminated within six
months of the January 6, 2020, Borough reorganization meeting,
1. Sees and Rankin agreed to Morgan's terms.
b. Morgan knew the need to appoint individuals to the Authority Board who would
provide for a majority faction to ensure Hayduk's termination.
1. Because the Authority Board has five Members, Sees' and Coney's
appointments, in addition to Rankin serving as an Authority Board Member,
supplied the majority of the votes needed to implement Hayduk's
termination.
aa. Sees and Hayduk did not have a favorable personal relationship at
that time.
bb. Colley and Hayduk did not have a favorable personal relationship at
that time.
58. Upon confirming support for Sees' and Colley's reappointment/appointment, Morgan had
individual discussions with Sees and Rankin regarding the need for a licensed certified
operator for the Authority plant.
a. Morgan recommended contacting Trussell and inquiring into Hamlin Township's
use of The FADS Group for certified operator services.
Morgan explained that anybody could work as the plant operator as long as
an individual or entity with the required license and certifications, such as
The EADS Group, was the operator of record.
b. Morgan stated that he was willing to "help" with operator services at the Authority
plant until Sees and Rankin could acquire an individual or entity to supply the
required certification for plant operations.
Morgan, 22-0004-1
Page 24
59, Prior to the Borough's January 6, 2020, reorganization meeting, Morgan individually
contacted Borough Council Member Geer, Borough Council Member -elect Charles Paar
("Paar"), and planned Borough Council appointee Barb Harp ("Harp"), explained his
agreement with Sees and Rankin, and lobbied support for Sees' reappointment and Colley's
appointment.
a. Geer, Paar, and Harp all agreed to support Sees' reappointment and Colley's
appointment with the understanding that Hayduk would be terminated from the
Authority within six months.
60. Three letters of interest dated December 13, 2019, December 19, 2019, and December 30,
2019, respectively had been submitted to Borough Council identifying Wennerstrom,
Colley, and Marsha Blair respectively for consideration of appointment to the Authority
Board.
a. Wennerstrom had served approximately 14 years as an Authority Board Member
over two separate time periods as of January 1, 2020.
b. Neither Colley nor Blair had any prior experience on the Authority Board.
61. Sees did not submit a letter of interest to the Authority or Borough office documenting his
interest in reappointment to the Authority Board.
a. No physical letter of interest from Sees is present at the Authority or Borough
office.
b. Sees' interest in reappointment had been discussed and verbally agreed upon
between Sees and Morgan.
62. From approximately January 1, 2020, through February 12, 2020, Morgan's attempted
contact/contact with Sees and/or Rankin via cell phone and/or text messaging continued at
a consistent level while attempted contact/contact with Wennerstrom, Keesee, and
Dillenbeek all but ceased as detailed below:
a. Telephone calls:
......................... .
Date
Local Time
Duration
From (originating number)
To (terminating number)
Monday, January 6, 2020
2:45:18 p.m.
0:54
[redacted no. 3] (B. Sees)
[redacted no. I] (Morgan)
Monday, January 6, 2020
3:23:02 p.m.
0:14*
[redacted no. 31 (B. Sees)
[redacted no. I] (Morgan)
Monday, January 6, 2020
3:28:24 p.m.
0:40
[redacted no. 1] (Morgan)
[redacted no. 3] (B. Sees)
Thursday, January 9, 2020
10:12:30 a.m.
2:49
[redacted no, 3] (B. Sees)
[redacted no. I (Morgan)
Thursday, January 9, 2020
5:29:38 p.m,
2:23
[redacted no. I] (Morgan)
[redacted no. 21 (E. Rankin)
Saturday, January 11, 2020
11:02:46 a.m.
0:25
[redacted no. 11 (Morgan)
[redacted no. 21 (E. Rankin)
Monday, January 13, 2020
10:19:04 a.m.
0:00
[redacted no. 1] (Morgan)
[redacted no. 31 (B. Sees)
Monday, January 13, 2020
3:51:08 p.m,
0:00
[redacted no. 1] (Morgan)
[redacted no. 31 (B. Sees)
Monday, January 13, 2020
4:44:05 p.m,
0:43
[redacted no. 3] (B. Sees)
[redacted no. 1 ] (Morgan)
Tuesday, January 14, 2020
10:08:38 a.m.
0:00
[redacted no.11tMor an
redacted no. 3 B. Sees
Morgan, 22-0004-I
Page 25
Date
Local Time
Duration
From (originating number)
To(terminating number
Wednesday, January 15, 2020
9:32:47 a.m.
0:12
[redacted no, 11 (Morgan)
[redacted no. 31 (B. Sees)
Wednesday, January 15, 2020
9:35:27 a.m.
9:08
[redacted no. 31 (B. Sees)
[redacted no. 1 ] (Morgan)
Wednesday, January 15, 2020
10:27:30 a.m.
0:39
[redacted no. 3] (B. Sees)
[redacted no. I (Morgan)
Monday, January 20, 2020
4:50:10 p.m.
10:49
[redacted no, I (Morgan)
[redacted no. 21(E, Rankin)
Friday, January 24, 2020
5:44:19 p.m.
0:00
[redacted no. II (Morgan)
[redacted no. 31 (B. Sees)
Tuesday, February 4, 2020
5:39:34 p.m.
14:03
[redacted no. 1] (Morgan)
[redacted no. 21 (E. Rankin)
Wednesday, February 5, 2020
5:51:10 p.m.
0:00
[redacted no. 1] (Morgan)
[redacted no, 31 (B. Sees)
Wednesday, February 5, 2020
5:53:12 p.m.
0:56
[redacted no. I (Morgan)
[redacted no. 7] (M. Dillenbeck)
Friday, February 7, 2020
7:05:38 p.m,
0:00
[redacted no. 1] (Morgan)
[redacted no. 3] (B. Sees)
Friday, February 7, 2020
8:08:06 p.m.
0:00
[redacted no. 1] (Morgan)
[redacted no. 3] (B. Sees)
Friday, February 7, 2020
6A:09 p.m.
0:00
[redacted no. 11 (Morgan)
[redacted no. 31 (B, Sees)
Saturday, February 8, 2020
10:24:18 a.m.
0:00
[redacted no. 1] (Morgan)
[redacted no. 3] (B. Sees)
Saturday, February 8, 2020
5:21:11 pan.
1:46
[redacted no. 1] (Morgan)
[redacted no. 31 (B. Sees)
Monday, February 10, 2020
4:19:27 p.m.
8:59
[redacted no. 21 E. Rankin)
[redacted no. I (Morgan)
Tuesday, February 11, 2020
9:07:09 p.m.
6:51
[redacted no. 21(E. Rankin)
[redacted no. 1] (Morgan)
Tuesday, February 11, 2020
9:13:58 pan.
0:29*
[redacted no. 91(B. Sees)^
[redacted no. 1] (Morgan)
Tuesday, February 11, 2020
9:14:34 p.m.
8:06
[redacted no. I (Morgan)
[redacted no, 9] (B. Sees)",
Tuesday, February 11, 2020
5:53:57 p.m.
1:57
[redacted no. 31 (B. Sees)
[redacted no. 11 (Morgan)
Wednesday, February 12, 2020
9:48:41 a.m,
2:07
[redacted no. 31 (B. Sees)
[redacted no. 1] (Morgan)
Wednesday, February 12, 2020
1:43:25 p.m.
0:03
[redacted no. 1 ] (Morgan)
[redacted no. 2] (E. Rankin)
Wednesday, February 12, 2020
1:44:47 p.m.
0:29
[redacted no, 11 (Morgan)
[redacted no. 9] (B. Sees)^
Wednesday, February 12, 2020
1:45:50 p.m.
0:00
[redacted no. 11 (Morgan)
[redacted no. 3] (B. Sees)
Wednesday, February 12, 2020
1:59:21 p.m,
0:00
[redacted no. 1] (Morgan)
[redacted no. 3] (B. Sees)
Wednesday, February 12, 2020
2:08:38 p.m.
0:37*
[redacted no. 91 (B. Sees)'
[redacted no. 1] (Morgan)
Wednesday, February 12, 2020
2:10:36 p.m.
0:00
[redacted no. 11 (Morgan)
[redacted no. 9] (B. Sees)'
Wednesday, February 12, 2020
3:04:23 p,m,
0:09*
[redacted no. 2] E. Rankin
[redacted no. 11 (Morgan)
Wednesday, February 12 2020
3:10:39 p.m.
10:22
redacted no. 1 (Morgan)
redacted no. 2 E. Rankin
$ Voiceniail involved in transaction
^13. Sees' home telephone
1. At least thirty-seven attempted calls/calls occurred between Morgan and
three Authority Board Members in an approximate two and one-half month
period from January 1, 2020, through February 12, 2020, as detailed below:
aa. Morgan and Sees: 27.
bb. Morgan and Rankin: 9.
CC. Morgan and Dillenbeck: 1.
i. Dillenbeck served as a Member of Borough Council with
Morgan at that time.
dd. Morgan and Wennerstrom: 0.
ee. Morgan and Keesee: 0.
i. Keesee resigned from Borough Council effective January 6,
2020.
Morgan, 22-0004-I
Page 26
b. Text messages:
Date
Local Time
From (originating number)
To (terminating number)
Tuesday, January 7, 2020
5:16:15 p.m.
[redacted no. 21 (E. Rankin)
[redacted no. 11 (Morgan)
Tuesday, January 7, 2020
5:17:47 p.m.
[redacted no. 11 (Morgan)
[redacted no. 21 (E. Rankin)
Thursday, January 9, 2020
5:25:11 p.m.
[redacted no. 21 (E. Rankin)
[redacted no. 11 (Morgan)
Saturday, January 11, 2020
12:00.19 p.m.
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
Saturday, January 11, 2020
12:00:44 p.m.
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
Monday, January 20, 2020
4:37:01 p.m.
[redacted no. 11 (Morgan)
[redacted no, 2] (E. Rankin)
Monday, January 20, 2020
4:39:26 p.m.
[redacted no. 21 (E. Rankin)
[redacted no. 1] (Morgan)
Monday, January 20, 2020
4:39:38 p.m.
[redacted no, 2] (E. Rankin)
[redacted no. 11 (Morgan)
Wednesday, January 22, 2020
4:57:18 p.m.
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
Wednesday, January 22, 2020
4:58:19 p.m.
[redacted no. 2] (E. Rankin)
[redacted no. 11 (Morgan)
Wednesday, January 22, 2020
4:59:01 p.m.
[redacted no. 21 (E. Rankin)
[redacted no. 11 (Morgan)
Wednesday, February 12,
2020
1:47:38 p.m.
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
Wednesday, February 12,
2020
1:59:07 p.m.
[redacted no, 11 (Morgan)
[redacted no. 2] (E. Rankin)
Wednesday, February 12,
2020
2:01:01 p.m.
[redacted no. l] (Morgan)
[redacted no. 21 (E. Rankin)
Wednesday, February 12,
2020
2:01:17 p.m.
[redacted no. I (Morgan)
[redacted no. 21 (E. Rankin)
Wednesday, February 12,
2020
2:01:30 p.m,
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
Wednesday, February 12,
2020
2:01:32 p.m,
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
Wednesday, February 12,
2020
2:01:45 p.m.
[redacted no, 2] (E, Rankin)
[redacted no. 1] (Morgan)
Wednesday, February 12,
2020
2:25:02 p.m.
[redacted no. 21 (E. Rankin)
[redacted no. 11 (Morgan)
Wednesday, February 12,
2020
2:27:33 p.m.
[redacted no. 21 (E, Rankin)
[redacted no. 1] (Morgan)
Wednesday, February 12,
2020
2:47:50 p.m.
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
Wednesday, February 12,
2020
2:53:58 p.m.
fredacted no. 2 E, Rankin
redacted no. 1 (Morgan)
1. At least twenty-two text messages were exchanged between Morgan and
one Authority Board Member in less than a two -month period from January
1, 2020, through February 12, 2020, as detailed below,
aa. Morgan and Rankin: 22.
bb. Morgan and Sees: 0.
cc. Morgan and Wennerstrom: 0.
dd. Morgan and Keesee: 0.
ee. Morgan and Dillenbeck: 0.
63. Sees and Rankin made multiple contact attempts and/or contacts with one another over the
date range of January 6, 2020, through February 11, 2020, contemporaneous to either Sees
Morgan, 22-0004.1
Page 27
or Rankin having communicated with Morgan via telephone or text message as detailed
below:
Date
Monday, January 6, 2020
Monday, January 6, 2020
Monday, January 6, 2020
Tuesday, January 7, 2020
Tuesday, January 7, 2020
Tuesday, January 7, 2020
Wednesday, January 8, 2020
Wednesday, January 8, 2020
Thursday, January 9, 2020
Thursday, January 9, 2020
Thursday, January 9, 2020
Friday, January 10, 2020
Saturday, January 11, 2020
Saturday, January 11, 2020
Saturday, January 11, 2020
Monday, January 13, 2020
Monday, January 13, 2020
Monday, January 13, 2020
Monday, January 13, 2020
Monday, January 13, 2020
Monday, January 13, 2020
Tuesday, January 14, 2020
Wednesday, January 15, 2020
Wednesday, January 15, 2020
Wednesday, January 15, 2020
Wednesday, January 15, 2020
Wednesday, January 15, 2020
Friday, January 17, 2020
Sunday, January 19, 2020
Monday, January 20, 2020
Monday, January 20, 2020
Monday, January 20, 2020
Monday, January 20, 2020
Monday, January 20, 2020
Wednesday, January 22, 2020
Wednesday, January 22, 2020
Wednesday, January 22, 2020
Wednesday, January 22, 2020
Friday, January 24, 2020
Saturday, January 25, 2020
Monday, January 27, 2020
Tuesday, January 28, 2020
Saturday, February 1, 2020
Saturday, February 1, 2020
Tuesday, February 4, 2020
Wednesday, February 5, 2020
Friday, February 7, 2020
Friday, February 7, 2020
Friday, February 7, 2020
Local Time
Duration-
2A5:18 p.m.
0:54
3:23:02 p.m.
0:14*
3:28:24 p.m.
0:40
9:07 a.m.
2
5:16:15 p.m.
Text msg
5:17:47 p.m.
Text msg
8:51 a.m,
3
3:30 p.m.
3
10:12:30 a.m.
2:49
5:25:11 p.m.
Text msg
5:29:38 p.m.
2:23
4:30 p.m.
1
11:02:46 a.m.
0:25
12:00:19 p.m.
Text msg
12:00:44 p.m.
Text msg
10:19:04 a.m.
0:00
3:07 p,m.
2
3:51:08 p.m.
0:00
4:23 p.m.
1
4:44:05 p.m.
0:43
5:08 p.m,
3
10:08:38 a.m.
0:00
U2:47 a.m.
0:12
9:35:27 a.m.
9:08
10:27:30 a.m.
0:39
2:54 p.m.
2
4:20 p.m.
1
3:45 p.m.
1
3:23 p.m.
4
4:22 p.m.
3
4:37:01 p.m.
Text msg
4:39:26 p.m.
Text msg
4:39:38 p.m.
Text msg
4:50:10 p.m.
10:49
4:37 p.m.
6
4:57:18 p.m.
Text msg
4:58:19 p.m.
Text msg
4:59:01 p.m.
"Text msg
5:44:19 p.m.
0:00
10:18 a.m.
1
3:25 p.m.
1
5:24 p.m.
3
12:12 p.m.
1
12:14 p.m.
1
5:39:34 p.m.
14:03
5:51:10p.m.
0:00
3:39 P.M.
1
6:06:09 p,m.
0:00
7:05:38 p.m.
0:00
From (originating number)
[redacted no. 31 (B. Sees)
[redacted no. 31 (B. Sees)
[redacted no. 11(Morgan)
[redacted no. 31 (B. Sees)
[redacted no. 21 (E, Rankin)
[redacted no. 11 (Morgan)
[redacted no. 21 (E. Rankin)
[redacted no, 21 (E. Rankin)
[redacted no. 31 (B. Sees)
[redacted no. 21 (E. Rankin)
[redacted no. 11 (Morgan)
[redacted no, 3] (B. Sees)
[redacted no. 1] (Morgan)
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 31 (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 1] (Morgan)
[redacted no. 1] (Morgan)
[redacted no. 3] (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 2] (E. Rankin)
[redacted no. 3] (B. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 3] (B. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
[redacted no. I (Morgan)
[redacted no. 3] (B. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 31 (B. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 3] (B. Sees)
[redacted no. 1] (Morgan)
[redacted no. 1] (Morgan)
[redacted no. 3] (B. Sees)
[redacted no. 1] (Morgan)
[redacted no, 1] (Morgan)
To (terminating number)
[redacted no. I] (Morgan)
[redacted no. 1 ] (Morgan)
[redacted no, 3] (B. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
[redacted no, 31 (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 1] (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 2] (E. Rankin)
[redacted no. 2] (E. Rankin)
[redacted no. 21 (E, Rankin)
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 3] (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 21 (E. Rankin)
[redacted no. 1 ] (Morgan)
[redacted no. 2] (F. Rankin)
[redacted no. 3] (B. Sees)
[redacted no. 31(B. Sees)
[redacted no. 1 ] (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 2] (E. Rankin)
[redacted no. 2] (E. Rankin)
[redacted no. 31 (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 21 (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
[redacted no. I] (Morgan)
[redacted no. 21 (E. Rankin)
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 21 (E. Rankin)
[redacted no. 1 ] (Morgan)
[redacted no. 3] (B. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 3] (B. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 3] (B. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 2] (E. Rankin)
[redacted no. 3] (B. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 3] (B. Sees)
[redacted no. 31 (B. Sees)
Morgan, 22-0004-1
Page 28
64.
rou
Date
Friday, February 7, 2020
Saturday, February 8, 2020
Saturday, February 8, 2020
Monday, February 10, 2020
Monday, February 10, 2020
Monday, February 10, 2020
Monday, February 10, 2020
Monday, February 10, 2020
Tuesday, February 11, 2020
Tuesday, February 11, 2020
Tuesday, February 11, 2020
Tuesday, February 11, 2020
Tuesday, February 11, 2020
Tuesday, February 11, 2020
Tuesday, February 11, 2020
Tuesday, February 11, 2020
Tuesday, February 11, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Wednesday, February 12, 2020
Local Time
Duration-
8:08:06 p.m.
0:00
10:24:18 a.m.
0:00
5:21:11 p.m.
1:46
2:57 p.m.
2
3:04 p,m.
1
4:19:27 p.m.
8:59
4:30 p.m.
1
5:15 p,m.
3
3:41 p.m.
1
4:14 p.m.
1
4:53 p.m.
1
5:49 p.m.
2
5:52 p.m.
1
5:53:57 p.m.
1:57
9:07:09 p.m.
6:51
9:13:58 p.m,
0:29*
9:14:34 p.m.
8:06
9:49:41 a.m.
2:07
1:43:25 p,m.
0:03
1:44:47 p.m.
0:29
1:45:50 p.m.
0:00
1:47:38 p.m.
Text msg
1:59:07 p.m.
Text msg
1:59:21 p.m.
0:00
2:01:01 p.m.
'Text msg
2:01:17 p.m.
Text msg
2:01:30 p.m.
Text msg
2:01:32 p.m.
Text msg
2:01:45 p.m.
Text msg
2:08:38 p.m.
0:37*
2:10:36 p.m.
0:00
2:25:02 p.m.
Text msg
2:27:33 p.m.
Text msg
2:47:50 p.m.
Text msg
2:53:58 p.m.
Text msg
3:04 p.m.
2
3:04:23 p.m.
0:09*
3:10:39 p.m,
10:22
From (originating number)
[redacted no. 1 ] (Morgan)
[redacted no. I] (Morgan)
[redacted no. 1] (Morgan)
[redacted no. 31 (B. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 2] E. Rankin
[redacted no. 21 (E. Rankin)
[redacted no. 31 (B. Sees)
[redacted no. 21 (E. Rankin)
[redacted no. 31 (B. Sees)
[redacted no. 21 (E. Rankin)
[redacted no. 31 (B. Sees)
[redacted no. 31 (B. Sees)
[redacted no. 31 (B. Sees)
[redacted no. 21 E. Rankin
[redacted no. 91 (B. Sees)^
[redacted no. 11 (Morgan)
[redacted no. 31 (B, Sees)
[redacted no. 1] (Morgan)
[redacted no. 1] (Morgan)
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. I (Morgan)
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 2] (E. Rankin)
[redacted no. 2] (E. Rankin)
[redacted no. 91 (B. Sees)"
[redacted no. I] (Morgan)
[redacted no. 1] (Morgan)
[redacted no. 2] (E. Rankin)
[redacted no, 2] (E. Rankin)
[redacted no. 11(Morgan)
[redacted no. 3] (B. Sees)
[redacted no. 2] E. Rankin
*Voicemail involved in transaction
'B. Sees' business telephone
Whole numbers represent rounding to minutes by Verizon Wireless; obtained from non -electronic source
To (terminating number)
[redacted no. 3] (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 3] (B. Sees)
[redacted no. 2] (F_ Rankin)
[redacted no. 3] (B. Sees)
[redacted no. 11 (Morgan)
[redacted no. 3] (B, Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 3] (13. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 31 (B. Sees)
[redacted no. 2] (E. Rankin)
[redacted no. 2] (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. 1 ] (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 91(B. Sees)^
[redacted no. I (Morgan)
[redacted no. 21 (E. Rankin)
[redacted no. 91(B. Sees)^
[redacted no. 31 (B. Sees)
[redacted no. 11 (Morgan)
[redacted no. 21 (E, Rankin)
[redacted no. 31 (B. Sees)
[redacted no. 11 (Morgan)
[redacted no, 21 (E, Rankin)
[redacted no. 21 (E. Rankin)
[redacted no. 11 (Morgan)
[redacted no. 11 (Morgan)
[redacted no. 1] (Morgan)
[redacted no. 91 (B. Sees)'
[redacted no. 21 (E. Rankin)
[redacted no. 1] (Morgan)
[redacted no. I] (Morgan)
[redacted no. 21 (E. Rankin)
[redacted no. 2] (E. Rankin)
[redacted no. 11 (Morgan)
The Borough's January 2020 reorganization meeting convened at 7:00 p.m. on January 6,
2020.
a. The agenda for the January 6, 2020, meeting documented no agenda items specific
to Authority Board appointments.
1. The agenda noted only "appointments to committees."
Sees initiated two cellular telephone calls to and received one cellular telephone call from
Morgan on January 6, 2020; prior to the convening of the 2020 reorganization meeting.
Morgan, 22-0004-1
Page 29
a. Sees called Morgan at 2:45:18 p.m. for a duration of fifty-four seconds.
b. Sees initiated a second call to Morgan at 3:23:02 p.m. for a duration of fourteen
seconds.
1. Voicemail was involved in the transaction.
c. Morgan subsequently called Sees at 3:28:24 p.m. for a duration of forty seconds.
66. At the January 6, 2020, reorganization meeting, Borough Council reappointed Sees and
appointed Colley to the vacancies on the Authority Board.
a. The motions to reappoint Sees and appoint Colley each carried 4-0-1 with Morgan
voting in favor of each appointment.
1. One Member of Borough Council was absent, and one vacancy existed on
Borough Council at the time of Sees' reappointment and Colley's
appointment.
2. Hayduk abstained from the votes to appoint Colley and Sees due to his
employment with the Authority.
b. No discussion occurred among Borough Council at the public meeting regarding
the candidates for appointment prior to the votes to reappoint Sees and appoint
Colley.
1. Minutes of the January 6, 2020, meeting document no reference of any
executive sessions held prior to or during the meeting.
67. Minutes of the January 6, 2020, reorganization meeting document Sees' presence in the
audience at the meeting.
a. Sees made no verbal statement or other presentation to Borough Council during the
meeting expressing his interest in reappointment to the Authority Board,
68. On January 7, 2020, at approximately 5:16:15 p.m. and 5:17:47 p.m., Rankin and Morgan
exchanged text messages respectively.
a. Rankin texted Morgan to obtain a contact number for English.
b. Morgan had English's cellular telephone number due to his existing working
relationship with English/The EADS Group at the Hazel Hurst wastewater
treatment plant located in Hamlin Township
69. Rankin initiated a telephone call to English approximately one minute, thirteen seconds
after receiving the text message from Morgan.
MoiZan, 22-0004-1
Page 30
a. The telephone call between Rankin and English lasted for a duration of
approximately ten minutes.
70. Rankin's January 7, 2020, telephone call to English represented the first contact between
Rankin and The EADS Group for certified wastewater operator contracting services after
the November 12, 2019, Authority meeting.
a. Sees did not initiate any contact with representatives of The EADS Group in late
2019 or early 2020 regarding contracting for potential certified wastewater operator
services.
71. Rankin waited until January 7, 2020, to contact The EADS Group about potential
contracting services at the Authority plant to ensure that he and Sees had the majority on
the Authority Board.
a. Sees' reappointment and Colley's appointment to the Authority Board supplied
Rankin and Sees with the majority vote needed to move forward with retaining The
EADS Group and terminating Hayduk.
72. During their January 7, 2020, telephone conversation, Rankin and English scheduled a
meeting at the Authority wastewater treatment plant on January 10, 2020, to review the
proposed scope of the contract work.
a. Rankin and English were the only individuals present at the meeting.
73. Rankin and/or Sees individually communicated with Morgan via text or telephone the day
prior to and/or the day after Rankin's January 10, 2020, meeting with English.
a. January 9, 2020:
1. Sees initiated telephone communication with Morgan at approximately
10:12 a.m. for a duration of approximately two minutes, forty-nine seconds.
2. Rankin initiated a text message to Morgan at approximately 5:25 p.m.
3. Morgan initiated telephone communication with Rankin at approximately
5:29 p.m. for a duration of approximately two minutes, twenty-three
seconds.
b. January 11, 2020:
1. Morgan initiated telephone communication with Rankin at approximately
11:02 a.m. for a duration of approximately twenty-five seconds.
2. Morgan initiated an exchange of text messages between he and Rankin at
approximately 12.00 p.m.
Moi•�an, 22-0004-1
Page 31
74. English subsequently supplied Rankin with a rate schedule for contracting services with
The EADS Group as an attachment to an email dated January 13, 2020.
a. English's email to Rankin confirmed the occurrence of the January 10, 2020,
meeting.
b. English's email informed Rankin to "Please contact me when you need our
assistance."
75. Multiple individual contact attempts and/or contacts (cellular telephone and/or text
messages) occurred between Morgan and Sees as well as Morgan and Rankin spanning the
dates of January 13, 2020, through February 7, 2020, as detailed below:
Individuals Moran and Rankin Mor an and Sees
Attempts/Contacts (total) 8 12
a. No contact attempts were made between the January 13, 2020, and February 7,
2020, date range between Morgan and Keesee, Morgan and Dillenbeck, and/or
Morgan and Colley except for one cellular telephone call to Dillenbeck on February
5, 2020, for a duration of approximately fifty-six seconds.
1. Dillenbeck was a Member of Borough Council with Morgan at that time.
76. On or about January 15, 2020, Morgan, Sees, and Rankin met at Sees' property (commonly
referred to as the Keystone Building) and discussed Morgan's salary requirements to serve
as the Authority plant operator.
a. Morgan proposed a net salary of $300.00 weekly and health insurance through the
Authority with the Authority to pay fifty percent of his health insurance premium.
b. At the meeting, Sees and Rankin ultimately agreed to pay Morgan a salary of
$300.00 net per week and one-third of Morgan's health insurance premium.
1. Sees and Rankin unilaterally approved Morgan's salary and health
insurance benefits outside of a public meeting without consideration or
input from the remaining Authority Board Members.
77. On February 7, 2020, Rankin initiated email communication with English at approximately
5:30 p.m. followed by a second email at approximately 6:45 p.m. requesting that English
send a contract to Rankin's email address.
a. Prior to the February 7, 2020, email, Rankin's last cellular telephone
communication with English was on January 22, 2020, at approximately 5:00 p.m.
for a duration of approximately eleven minutes.
Morgan, 22-0004-1
Page 32
1. Rankin had individually communicated with Morgan and Sees immediately
prior to his January 22, 2020, telephone conversation with English as
detailed below:
Date
Local Time
Duration
From (originating number)
To (terminating number)
01/22/20
4:37 p.En.
6 min
[redacted no. 3] (B. Sees)
[redacted no. 21 (E. Rankin)
01/22/20
4:57:18 p.m.
Text msg
[redacted no. 21 (E. Rankin)
[redacted no. 11 (Morgan)
01/22/20
4:58:19 p.m.
Text msg
[redacted no. 11 (Morgan)
[redacted no. 21 (E. Rankin)
01/22/20
4:59:01 p,m,
Text msg
[redacted no. 21 (E. Rankin)
[redacted no. 11 (Morgan)
b. Rankin initiated cellular telephone contact with English on Sunday, February 9,
2020, at approximately 11:34 a.m. for a duration of approximately six minutes prior
to receipt of the contract.
79, English sent an email to Rankin dated Monday, February 10, 2020 at approximately 2:50
p.m. with an attached contract (aka agreement) identified as "mt.jewett agrmt.pdf."
a. English's email to Rankin directed Rankin to date the top of the first page and sign
page thirteen.
b. English's email to Rankin stated, "Unless you tell us otherwise, Brett Morgan and
I will meet at the Mt. Jewett sewer plant at ]p.m. on Wednesday to perform the
daily tests and go over the plant to become familiar with it. "
1. Morgan had called and spoken to English on Monday, February 10, 2020,
at approximately 11:02 a.m. for a duration of approximately eight minutes
and eighteen seconds.
C. The Authority legislative meeting for February 2020 was not scheduled to occur
until Tuesday, February 11, 2020.
79. Within seven minutes of receiving English's email and attached agreement, a series of
individual cellular telephone calls occurred between. Rankin and Sees as well as Rankin
and Morgan as detailed below:
Date
Local Time
Duration
From (originating number)
To (terminating number)
Monday, February 10, 2020
2:57 p.m,
2
[redacted no. 3] (B. Sees)
[redacted no. 21 (E, Rankin)
Monday, February 10, 2020
3:04 p.m.
I
[redacted no. 2] (E. Rankin)
[redacted no. 31(B. Sees)
Monday, February 10, 2020
4:19:27 p.m.
8:59
[redacted no, 21 (E. Rankin)
[redacted no. 11(Morgan)
Monday, February 10, 2020
4:30 p.m.
I
[redacted no. 2] (E. Rankin)
[redacted no. 31(B. Sees)
Monday, February 10, 2020
5:15 P.M,
3
redacted no. 3 13. Sees
redacted no. 2 E. Rankin
80. Rankin and Sees attended the Authority's Tuesday, February 11, 2020, legislative meeting
with the specific intent to contract with The FADS Group as the Authority's certified plant
operator, terminate Hayduk, and employ Morgan.
MolZan, 22-0004-I
Page 33
a. Rankin spoke with Sees in advance of the meeting and informed Sees to proceed
with making a motion at the meeting for Hayduk's dismissal because they had "all
of their ducks in a row."
b. Sees initiated cellular telephone communication with Morgan at approximately
5:54 p.m. the day of the meeting for a duration of approximately one minute, fifty-
seven seconds.
The February 11, 2020, Authority legislative meeting convened at
approximately 7:00 p.m.
81. Near the conclusion of the February 11, 2020, Authority meeting, Sees presented
information about and subsequently motioned, seconded by Colley, to hire The FADS
Group and a part-time operator.
a. Sees' motion carried via roll call vote of 3 ---- 2 with Sees, Rankin, and Colley voting
in favor and Keesee and Dillenbeck voting in opposition.
b. The approval of Sees' motion resulted in the dismissal of I-layduk from his
Authority employment.
82. Prior to completion of the roll call vote, multiple questions were posed to Sees and Rankin,
including when the contract with The FADS Group was to be effective, where the
Authority was going to obtain an operator, and why the part-time position was not being
offered to Ilayduk.
a. Sees asserted that the contract with The EADS Group was to be effective that night,
and stated:
"Brett (Morgan) can step in right now and then we can part an ad in the paper. "
1. Morgan had. no application or resume on file with the Authority for
employment at that time.
b. Neither Sees, Rankin, nor Colley replied regarding why the part-time operator
position was not to be offered to Hayduk.
C. Hayduk was informed prior to the adjournment of the meeting that he was laid -off.
83. Rankin, as the Chairman of the Authority Board, signed the agreement between the
Authority and The FADS Group on February 11, 2020, after the motion had been voted on
and approved.
a. The agreement documented an effective date of February 11, 2020,
84. The February 11, 2020, Authority meeting was adjourned at approximately 8:43 p.m.
Morgan, 22-0004-1
Page 34
a. Rankin called English at approximately 8:53 p.m. (ten minutes after adjournment
of the meeting) for a duration of approximately four minutes.
b. Rankin subsequently called Morgan at approximately 9:07 p.m. for a duration of
approximately six minutes, Fifty-one seconds.
85. After the February 11, 2020, Authority meeting concluded, Rankin provided the keys to
the Authority wastewater plant to Trussell for Trussell to give to Morgan.
Trussell attended the February 11, 2020, meeting.
b. No vote had been taken by the Authority Board at that time naming Morgan as the
individual to serve as either a temporary or permanent part-time operator for the
Authority.
86. Morgan began employment with the Authority effective February 12, 2020, although no
vote/formal action was taken at the February 11, 2020, Authority meeting to hire Morgan
as a part-time plant operator in any capacity (temporary and/or permanent).
a. English and Morgan met at the Authority wastewater plant on February 12, 2020,
at approximately 1:00 p.m. to familiarize themselves with the plant and identify the
work requirements regarding operation of the system.
Morgan and English were the only individuals at the plant for the meeting.
aa. Sees initiated telephone communication with Morgan at
approximately 9:49 a.m. on February 12, 2020, for a duration of
approximately two minutes, seven seconds.
87. As a result of the Authority Board retaining The FADS Group, the Authority advertised
for a part-time plant operator in the Ridgeway Record and the Kane Republican as follows:
The Mt. Jewett Sewer Authority is now accepting applications for a part-time plant
operator. You can submit your resume to the Sewer office at 1 Center St., Mt. Jewett, PA,
or email resume to mjrsa16740@gmail. com
a. The advertisement was publicized in the Ridgway Record on February 15'h, 18"',
19", 20"', 22" d, 24'h, 25"', and 26", 2020.
b. The advertisement was publicized in the Kane Republican on February 18, 2020,
at a minimum.
The total number of days the advertisement was publicized in the Kane
Republican could not be determined.
C. No application/resume submission deadline was included within the advertisement.
Morgan, 22-0004-I
Page 3 S
88. Although not formally hired at the February It, 2020, Authority meeting, Morgan was
issued payment in the amount of $600.00 net per payroll period for plant operator services
at the Authority.
a. Morgan received his first salary disbursement from the Authority via check dated
February 21, 2020, in the amount of $300.00 (net).
89. At the March 10, 2020, Authority meeting, Keesee publicly questioned when the Authority
Board had voted on Morgan's rate of pay.
a. Keesee and Dillenbeck each asserted at the meeting that they had not voted on
Morgan's rate of pay.
90. Sees responded to Keesee that he thought "we" talked about it and had "come up" with
something until the Authority hired someone.
a. Sees identified "we" as he and Rankin.
91. Individuals in the audience questioned Rankin and Sees about making a decision regarding
Authority business by themselves outside of a public, advertised meeting setting.
a. Sees denied having met outside of an advertised meeting setting.
1. Sees asserted that the decision was made between he and Rankin via
telephone.
92. Per the discussion at the March 10, 2020, Authority meeting, Authority Solicitor Tony
Alfieri recommended that the Authority Board approve Morgan's hiring and compensation
amount that evening and ultimately take the same actions with the application process and
successful applicant.
a. The agenda for the March 10, 2020, Authority meeting identified "Applications"
under New Business.
1. .lames. M. McCloskey ("McCloskey") submitted an application dated
March 10, 2020, for the part-time plant operator position.
2. Morgan submitted his resume for the part-time plant operator position to the
Authority shortly prior to the March 10, 2020, Authority meeting.
b. No other applications or resumes were received at the Authority as of March 10,
2020, for consideration.
C. No interviews had been conducted for the part-time plant operator position as of
March 10, 2020.
MotZan, 22-0004-1
Page 36
93. Rankin subsequently called for an executive session with the Authority Board Members
under the classification of personnel matters for the purpose of discussing Morgan's wages.
a. Upon reconvening the public meeting, Colley motioned, seconded by Sees, to carry
Morgan's employment over to the next month, at the same rate of pay Morgan was
receiving at that time ($600.00 net per pay period).
1. Rankin added that the approval was to be retroactive to February 12, 2020.
2. The motion carried 3 — 2 with Rankin, Sees, and Colley in favor and Keesee
and Dillenbeck opposed.
94. Morgan continued to perform the duties as the Authority plant operator from March 11,
2020, to May 11, 2020.
a. No interviews were conducted for the part-time plant operator position during the
time frame identified.
1. McCloskey was not interviewed or otherwise contacted by the Authority
regarding the position.
aa. McCloskey had experience working as a certified water and/or
wastewater treatment plant operator at multiple locations dating
back to at least November 2009.
bb. McCloskey held Wastewater Class C, E; Subclass 1, 2, 3, 4
certifications at the time of his application.
cc. A contract with The EADS Group would not have been required had
McCloskey been hired.
2. Morgan was not interviewed for the position.
aa. Morgan currently holds and at that time held wastewater
certifications only for Class E, Subclass 4 systems.
bb. Use of The EADS Group, a similarly licensed entity, or a similarly
licensed operator was necessary for Morgan to serve as the plant
operator.
95. At the May 12, 2020, Authority meeting, Hayduk publicly questioned Sees regarding
Morgan's employment at the Authority.
a. Hayduk questioned how Sees was aware of Morgan's availability and interest in
working as the Authority plant operator as of February 11, 2020, if Morgan's
employment had not been pre -planned.
Morgan, 22-0004-I
Page 3 7
1. Hayduk detailed that the vote to retain The EADS Group and terminate his
employment had not occurred until February 11, 2020.
2. The action to retain The FADS Group was not documented in any section
of the February 11, 2020, meeting agenda.
aa. The February 11, 2020, meeting agenda identified only pumps and
2020 budget as new business.
i. Sees presented the motion regarding The EADS Group and
a part-time operator under the 2020 budget section of the
agenda.
96. Sees responded to Hayduk's questions regarding Morgan and Morgan's employment at the
Authority as follows.
a. Sees was "sure" he and Morgan had spoken about the Authority contracting with
The FADS Group, dismissing Hayduk, and hiring a part-time plant operator.
b. Sees knew that Morgan was available and willing to work as the part-time plant
operator based on discussion(s) held between he and Morgan.
1. Sees' and Morgan's discussion(s) predated the January 6, 2020, Borough
reorganization meeting at which Morgan voted in favor of Sees'
reappointment.
97. At the May 12, 2020, meeting, Sees ultimately motioned, seconded by Colley, to hire
Morgan as the Authority part-time/salaried plant operator at a salary of $761.31 (gross) per
pay period.
a. The motion to hire Morgan carried 3 --- 2 with Rankin, Sees, and Colley voting in
favor and Keesee and Dillenbeck opposed.
98. At the meeting, Sees additionally motioned, seconded by Colley, to approve the
Authority's provision of health insurance to Morgan with the Authority paying one-third
of Morgan's premium and the remaining two-thirds being deducted automatically from
Morgan's payroll.
a. The Authority had an existing UPMC Health Plan under Group No. 043771801 due
to Hayduk's prior coverage.
b. The motion carried 3 --- 2 with Rankin, Sees, and Colley voting in favor and Keesee
and Dillenbeck opposed.
99. Morgan and Baiter maintain a joint checking account at Hamlin Bank & Trust Company
("Hamlin Bank") under Account No. [redacted] into which Morgan's Authority payroll is
deposited.
Morgan, 22-0004-1
Page 3 8
a. Account No. [redacted] was opened on October 17, 2014.
b. Morgan and Baker share signature authority over Account No. [redacted].
1. Only one signature is required for withdrawals.
100. Morgan received a minimum of eighty-four payments totaling $64,170.04 (gross) from the
Authority via either check or direct deposit spanning the date range of February 21, 2020,
through April 14, 2023, for services rendered as the Authority part-time plant operator as
shown below:
Pay, Date
Check No IDD
Payor
Payee
Amount
Disposition
Deposit Date
02/21/20
1211
MJRSA
Morgan
$365,82
Deposit Acct [redacted]
02/21/20
03/06/20
1214
MJRSA
Morgan
$365,82
Deposit Acct [redacted]
03/06/20
03/06/20
1215
MJRSA
Morgan
$365,83
Deposit Acct [redacted]
03/06/20
03/20/20
1216
MJRSA
Morgan
$756,65
Deposit Aect [redacted]
03/20/20
04/03/20
1217
MJRSA
Morgan
$756.66
Cashed
04/03/20
04/17/20
1218
MJRSA
Morgan
$756.64
Deposit Acct [redacted]
04/16/20
05/01/20
1219
MJRSA
Morgan
$756,64
Deposit Acct [redacted]
05/01/20
05/15/20
1220
MJRSA
Morgan
$756.65
Deposit Acct [redacted]
05/19/20
05/29/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Aect [redacted]
05/29/20
06/12/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Aect [redacted]
06/12/20
06/26/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Aect [redacted]
06/26/20
07/10/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Aect [redacted]
07/ 10/20
07/24/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Aect [redacted]
07/24/20
08/07/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Acct [redacted]
08/07/20
08/21/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Aect [redacted]
08/21/20
09/04/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Acet [redacted]
09/04/20
09/18/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Acet [redacted]
09/18/20
10/02/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Acct [redacted]
10/02/20
10/16/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Acet [redacted]
10/16/20
10/30/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Acet [redacted]
10/30/20
11/13/20
Direct deposit
MJRSA
Morgan
$756.65
Deposit Acet [redacted]
11/13/20
11/27/20
Direct deposit
MJRSA
Morgan
$775.57
Deposit Aect [redacted]
11/27/20
12/11/20
Direct deposit
MJRSA
Morgan
$775.57
Deposit Aect [redacted]
12/11/20
12/23/20
Direct deposit
MJRSA
Morgan
$775.57
Deposit Aect [redacted]
12/23/20
01/08/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acet [redacted]
01/08/21
01/22/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acet [redacted]
01/22/21
02/05/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acet [redacted]
02/05/21
02/19/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acet [redacted]
02/19/21
03/05/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Aect [redacted]
03/05/21
03/19/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acct [redacted]
03/19/21
04/02/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Aect [redacted]
04/02/21
04/16/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acct redacted
04/16/21
Morgan, 22-0004-I
Page 39
Pay�Dafe
Check No /DD
Payor
Payee
Amount
Disposition
De osit Date
04/30/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acet [redacted]
04/30/21
05/14/21
Direct deposit
MJRSA
Morgan
$775,57
Deposit Acct [redacted]
05/14/21
05/28/21
Direct deposit
MJRSA
Morgan
$775,57
Deposit Acet [redacted]
05/28/21
06/11/21
Direct deposit
MJRSA
Morgan
$775,57
Deposit Acet [redacted]
06/11/21
06/25/21
Direct deposit
MJRSA
Morgan
$775,57
Deposit Acet [redacted]
06/25/21
07/09/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acct [redacted]
07/09/21
07/23/21
Direct deposit
MJRSA
Morgan
$775,57
Deposit Acet [redacted]
07/23/21
08/06/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Aect [redacted]
08/06/21
08/20/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Aect [redacted]
08/20/21
09/03/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Aect [redacted]
09/03/21
09/17/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acct [redacted]
09/17/21
10/01/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acct [redacted]
10/01/21
10/15/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acct [redacted]
10/15/21
10/29/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acct [redacted]
10/29/21
11/12/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acct [redacted]
11/12/21
11/26/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acct [redacted]
11/26/21
12/10/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acct [redacted]
12/10/21
12/23/21
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acet [redacted]
12/23/21
01/07/22
Direct deposit
MJRSA
Morgan
$775.57
Deposit Acct [redacted]
01/07/22
01/21/22
Direct deposit
MJRSA
Morgan
$794.96
Deposit Acct [redacted]
01/21/22
02/04/22
Direct deposit
MJRSA
Morgan
$794.96
Deposit Acct [redacted]
02/04/22
02/18/22
Direct deposit
MJRSA
Morgan
$869.96'
Deposit Acct [redacted]
02/18/22
03/04/22
Direct deposit
MJRSA
Morgan
$794.96
Deposit Acct [redacted]
03/04/22
03/18/22
Direct deposit
MJRSA
Morgan
$869.96'
Deposit Acct [redacted]
03/18/22
04/01/22
Direct deposit
MJRSA
Morgan
$794.96
Deposit Acct [redacted]
04/01/22
04/15/22
Direct deposit
MJRSA
Morgan
$794.96
Deposit Acct [redacted]
04/15/22
04/29/22
Direct deposit
MJRSA
Morgan
$794.96
Deposit Acct [redacted]
04/29/22
05/13/22
Direct deposit
MJRSA
Morgan
$794.96
Deposit Acct [redacted]
05/13/22
05/27/22
Direct deposit
MJRSA
Morgan
$794.96
Deposit Acct ]redacted]
05/27/22
06/10/22
Direct deposit
MJRSA
Morgan
$794.96
Deposit Acct [redacted]
06/10/22
06/24/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acct [redacted]
06/24/22
07/08/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acct [redacted]
07/08/22
07/22/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acct [redacted]
07/22/22
08/05/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acct [redacted]
08/05/22
08/19/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acct [redacted]
08/19/22
09/02/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acet [redacted]
09/02/22
09/16/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acet [redacted]
09/16/22
09/30/22
Direct deposit
MJRSA
Morgan
$794.96
Deposit Acct [redacted]
09/30/22
10/14/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acct [redacted]
10/14/22
10/28/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acct [redacted]
10/28/22
11/10/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acet [redacted]
11/10/22
11/25/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acct [redacted]
11/25/22
12/09/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acet [redacted]
12/09/22
12/23/22
Direct deposit
MJRSA
Morgan
$894.96*
Deposit Acet redacted
12/23/22
Morgan, 22-0004-I
Page 40
Pay Date
Check No /fill
P&yor
Payee
Amount
Disposition
Deposit Date
01/06/23
Direct deposit
MJRSA
Morgan
$934.70*
Deposit Acct [redacted]
01/06/23
01/20/23
Direct deposit
MJRSA
Morgan
$934.70*
Deposit Acct [redacted]
01/20/23
02/03/23
Direct deposit
MJRSA
Morgan
$1,159.70"
Deposit Acct [redacted]
02/03/23
02/17/23
Direct deposit
MJRSA
Morgan
$934.70*
Deposit Acct [redacted]
02/17/23
03/03/23
Direct deposit
MJRSA
Morgan
$934.70*
Deposit Acct [redacted]
03/03/23
03/17/23
Direct deposit
MJRSA
Morgan
$1,159.70*1
Deposit Acct [redacted]
03/17/23
03/31/23
Direct deposit
MJRSA
Morgan
$934.70*
Deposit Acct [redacted]
03/31/23
04/14/23
Direct deposit
MJRSA
Morgan
$934.70*
Deposit Acct [redacted]
04/14/23
Total
$ 66,870.04
*Gas allowance of $100.00 included ($2,100,00 total over date range)
"Extra compensation for snow plowing ($600.00 total over date range)
a. Morgan entered into an agreement with the Authority to plow the Authority lagoon
area ($75.00 per plow) and pump stations ($25.00 per plow) when needed.
1. Morgan had presented the idea of his plowing the Authority lagoon area and
pump stations to Rankin individually.
2. The one -page agreement was signed by Rankin as the Authority Chairman
on February 9, 2022, and by Morgan on February 10, 2022.
aa. Minutes of the Authority's January 18, 2022, February 8, 2022, and
March 8, 2022, Authority meetings are void of any Authority Board
vote and/or discussion to approve the plowing agreement between
the Authority and Morgan.
b. At the June 14, 2022, Authority meeting, Morgan requested a $200,00 monthly
gasoline stipend due to use of his personal vehicle for his part-time plant operator
duties.
1. Morgan's request was unanimously approved by the Authority Board
Members present.
2. Morgan requested and received the stipend approximately one month prior
to his appointment as a Member of the Authority Board.
101. Morgan received health insurance benefits through the Authority's Plan in his part-time
plant operator position spanning the time frame of June 2020 through May 2023 for which
the Authority ultimately paid a total of approximately $ 3,423.76 as detailed below:
Invoice No.
Month'
Descrintion
Amt
Cheek No.
Check Date
Checic Amt
EB0000297565
.Tun-20
Prem NEP05-Gold EPO Plan, Single
$293.21
5080
6/15/2020
$586.42
EB0000297565
Jul-20
Prem NEPG5-Gold EPO Plan, Single
$293,21
5080
6/15/2020
-
EB0000312701
Aug-20
Prem NEP05-Gold EPO Plan, Single
$293.21
5107
7/16/2020
$293,21
EB0000327965
Se -20
Prem NEPG5-Gold FPO Plan, Single
$293.21
5136
8/24/2020
$293.21
WiT:an, 22-0004-I
Page 41
Invoice No.
Montli^
Aescrintio_n_
Amt
Cheelc No.
Check Date
Check Amt
EB0000327965
Oct-20
Prem NEP05-Gold EPO Plan, Single
$293,21
5158
9/22/2020
$293.21
EB0000358730
Nov-20
Prem NEPG5-Gold EPO Plan, Single
$293.21
5180
10/26/2020
$293.21
EB0000374382
Dec-20
Prem NEP05-Gold EPO Plan, Single
$293.21
5200
11/19/2020
$293.21
EB0000390532
Jan-21
Prem NEPG5-Gold EPO Plan, Single
$293.21
5223
12/30/2022
$293.21
EB0000407174
Feb-21
Prem NEPG5-Gold EPO Plan, Single
$293.21
5238
1/20/2021
$293.21
EB0000423131
Mar-21
Prem NEPG5-Gold EPO Plan, Single
$29121
5255
2/16/2021
$293,21
EB0000438654
Apr-21
Prem NEPG5-Gold EPO Plan, Single
$293.21
5275
3/15/2021
$293.21
EB0000453857
May-21
Prem NEPG5-Gold EPO Plan, Single
$293.21
5302
4/26/2021
$293.21
EB0000468812
Jun-21
Prem NEPG5-Gold EPO Plan, Single
$293.21
5325
5/24/2021
$293.21
EB0000483661
Jul-21
Prem NEPT4-Gold EPO Plan, Single
$386.47
5348
6/18/2021
$386,47
EB0000498319
Aug-21
Prem NEPT4-Gold EPO Plan, Single
$339.84
5371
7/16/2021
$339.84
EB0000512739
Sep-21
Prem NEPT4-Gold EPO Plan, Single
$339.84
5402
8/23/2021
$339.84
EB0000526939
Oct-21
Prem NEPT4-Gold EPO Plan, Single
$339.84
5424
9/22/2021
$339.84
FB0000541057
Nov-21
Prem NEPT4-Gold EPO Plan, Single
$339.94
5447
10/26/2021
$339.84
EB0000555383
Dec-21
Prem NEPT4-Gold EPO Plan, Single
$339.84
5459
11/22/2021
$339,84
EB0000569788
Jan-22
Prem NEPT4-Gold EPO Plan, Single
$339.84
5476
12/28/2021
$339.84
EB0000583951
Feb-22
Prem NEPT4-Gold EPO Plan, Single
$339.84
5491
1/24/2022
$339.84
EB0000597024
Mar-22
Prem NEPT4-Gold EPO Plan, Single
$339.84
5515
2/22/2022
$339.84
FB0000608525
Apr-22
Prem NEPT4-Gold EPO Plan, Single
$339.84
5533
3/21/2022
$339.84
EB0000621409
May-22
Prem NEPT4-Gold EPO Plan, Single
$339.84
5557
4/27/2022
$339.84
EB0000633294
Jun-23
Prem NEP3U-Gold EPO Plan, Single
$382.68
5582
5/23/2022
$382.68
EB0000645580
Jul-22
Prem NEP3U-Gold EPO Plan, Single
$382,68
5604
6/27/2022
$382.68
E110000657693
Aug-22
Prem NEP3U-Gold EPO Plan, Single
$382.68
5628
7/26/2022
$392.68
EB0000669636
Sep-22
Prem NEP3U-Gold EPO Plan, Single
$382.68
5655
9/23/2022
$382.68
EB0000681540
Oct-22
Prem NEP3U-Gold EPO Plan, Single
$382,68
5682
9/28/2022
$382.68
EB0000693318
Nov-22
Prem NEP3U-Gold EPO Plan, Single
$382.68
5706
10/27/2022
$382.68
EB0000704987
Dec-22
Prem NEP3U-Gold EPO Plan, Single
$382.68
5726
11/21/2022
$382.68
EB0000716636
Jan-23
Prem NEM-Gold EPO Plan, Single
$382,68
5748
12/28/2022
$382.68
EB0000728346
Feb-23
Prem NEP3U-Gold EPO Plan, Single
$382.68
5762
01/20/2023
$382.69
EB0000739827
Mar-23
Prem NEP3U-Gold EPO Plan, Single
$382.68
5779
02/22/2023
$392.68
EB0000751062
Apr-23
Prem NEP3U-Gold EPO Plan, Single
$382.68
5805
03/20/2023
$382.68
EB0000757958
May-23
Prem NEP3IJ-Gold EPO Plan, Single
$382.68
X-8364*
04/21/2023
$382.68
Total
$12.188.76
"Coverage month
*Paid via Authority credit card ending X-8364
a. The Authority payments made to UPMC Health Plan/UPMC Insurance Services
for Morgan's health care insurance premiums totaled $12,188.76.
b. The portion of the health insurance premiums for which Morgan was responsible
as automatically deducted from his Authority payroll totaled $8,765.00.
Morgan, 22-0004-1
Page 42
C. The actual Authority payment made for Morgan's health care insurance premiums
totaled $3,423.76.
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT MORGAN, AS A
MEMBER OF BOROUGH COUNCIL, FILED A DELINQUENT STATEMENT OF
FINANCIAL INTERESTS FOR THE 2018 CALENDAR YEAR WHEN HE FAILED TO
IDENTIFY THE NAME AND ADDRESS OF THE SOURCE OF ANY GIFTS RECEIVED
AND THE SOURCE AND VALUE OF ANY PAYMENT FOR OR REIMBURSEMENT OF
ACTUAL EXPENSES FOR TRANSPORTATION, LODGING, OR HOSPITALITY;
THAT MORGAN FILED A DELINQUENT STATEMENT OF FINANCIAL INTERESTS
FOR THE 2019 CALENDAR YEAR WHEN HE FAILED TO IDENTIFY HIS
OCCUPATION OR PROFESSION; THAT MORGAN FILED A DELINQUENT
STATEMENT OF FINANCIAL INTERESTS FOR THE 2021 CALENDAR YEAR WHEN
HE FAILED TO DISCLOSE DIRECT OR INDIRECT SOURCES OF INCOME
TOTALING $1,300.00 OR MORE AND WHEN HE FAILED TO LIST ALL OF HIS
EMPLOYMENT IN ANY BUSINESS ENTITIES; AND THAT MORGAN FILED A
DELINQUENT STATEMENT OF FINANCIAL INTERESTS FOR CALENDAR YEAR
2022 WHEN HE FAILED TO DISCLOSE ALL OF HIS EMPLOYMENT IN ANY
BUSINESS ENTITIES.
102. Statement of Financial Interests ("SFI") filing requirements for public officials and public
employees are mandated by Section 1104 of the State 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."
103. Morgan was required to file SFIs by May ISM annually for calendar years 2017 through 2022
in his position as a Member of Borough Council.
104. Information required to be disclosed on SFIs is specified in Section 1105 of the Ethics Act.
a. Section 1105(a) sets forth, in part, that all information requested on the statement
shall be provided to the best knowledge, information, and belief of the person
required to file and shall be signed under oath or equivalent affirmation.
b. Section 1105(b), Subsections 1-10 identify specific information to be disclosed as
well as exceptions to disclosure requirements when applicable.
1. Section 1105(b)(2) mandates disclosure of the filer's occupation or
profession.
Morgan, 22-0004-I
Page 43
105
106
2, Section 1105(b)(5) mandates, in part, disclosure of the name and address of
any direct or indirect source of income totaling in the aggregate $1,300.00
or more.
3. Section 1105(b)(6) mandates, in part, disclosure of the name and address of
the source and the amount of any gift or gifts valued in the aggregate at
$250.00 or more and the circumstances of each gift.
4. Section 1105(b)(7) mandates, in part, disclosure of the name and address of
the source and the amount of any payment for or reimbursement of actual
expenses for transportation and lodging or hospitality received in
connection with public office or employment where such actual expenses
for transportation and lodging or hospitality exceed $650.00 in an aggregate
amount per year.
5. Section 1105(b)(8) mandates the disclosure of any office, directorship, or
employment of any nature whatsoever in any business entity.
Morgan filed SFIs with the Borough in his capacity as a Member of Borough Council for
calendar years 2017 through 2021 as follows:
Form Date
January 4, 2018
January 21, 2019
January 23, 2020
January 22, 2021
Undated
January 3, 2023
For Calendar Year
2017
2018
2019
2020
2021
2022
Morgan failed to disclose his receipt of any gifts in Section l I and any transportation,
lodging, and hospitality in Section 12 of his SFI filed for calendar year 2018.
a. Morgan's calendar year 2018 SFI displayed the following at the bottom of the
document:
"THIS FORM IS CONSIDERED DEFICIENT IF ANY BLOCK ABOVE IS NOT
COMPLETED, MAKE A COPY FOR YOUR RECORDS."
1. Section 11, Gifts, of Morgan's calendar year 2018 SFI was left
blank/incomplete.
2. Section 12, Transportation, Lodging, Hospitality of Morgan's calendar year
2018 SFI was left blank/incomplete.
107. Morgan failed to disclose his occupation or profession on his SFI filed for calendar year
2019.
a. Morgan's calendar year 2019 SFI displayed the following at the bottom of the
document:
Morgan, 22-0004-1
Page 44
"THIS FORM IS CONSIDERED DEFICIENT IF ANY BLOCK ABOVE IS NOT
COMPLETED. MAKE A COPY FOR YOUR RECORDS."
1. Section 6, Occupation or Profession, of Morgan's calendar year 2019 SFI
was left blank/incomplete.
108. Morgan failed to disclose Hazel Hurst Water Company as a direct or indirect source of
income on his calendar year 2021 SFI as well as his employment with Hazel Hurst Water
Company on his SFIs filed for calendar years 2021 and 2022.
a. Morgan received at least five checks totaling $4,400.00 in compensation from
Hazel Hurst Water Company in calendar year 2021.
1. Morgan's calendar year 2021 SFI identified the Authority, Hamlin
Township, .Tones Township Municipal Authority, and Highland Township
Municipal Authority as Morgan's only direct or indirect sources of income.
2. Morgan's calendar year 2021 SFI identified Morgan as having no office,
directorship, or employment in any business.
b. Morgan received at least nine checks totaling $7,920.00 in compensation from
Hazel Hurst Water Company in calendar year 2022.
Morgan's calendar year 2022 SFI identified Morgan as having no office,
directorship, or employment in any business.
III. DISCUSSION:
As a Member and President of Council for Mount Jewett Borough (`Borough"), McKean
County, Pennsylvania, at all times relevant to these proceedings, Respondent Brett Morgan
("Morgan") has been a public official subject to the provisions of the Public Official and Employee
Ethics Act ("Ethics Act"), 65 Pa. C.S. § 1101 et set_
The allegations are that Morgan violated Sections 1103(a), 1104(a), 1105(a), 1105(b)(2),
1105(b)(5), 1105(b)(6), 1105(b)(7), and 1105(b)(8) of the Ethics Act:
(1) When he used the authority of his public position for the private pecuniary benefit
of himself when he voted to reappoint/appoint individuals to the Mount Jewett
Regional Sewer Authority Board with the knowledge and understanding that those
individuals intended to hire him;
(2) When he filed a delinquent Statement of Financial Interests for calendar year 2018
when he failed to identify the name and address of the source and the amount of
any gift(s) and the amount of any payment for or reimbursement of actual expenses
for transportation and lodging/hospitality;
Morgan, 22-0004-I
Page 45
(3) When he filed a delinquent Statement of Financial Interests for calendar year 2019
when he failed to include his occupation/profession;
(4) When he filed a delinquent Statement of Financial Interests for calendar year 2021
when he failed to disclose direct or indirect sources of income totaling $1,300 or
more and when he failed to list all of his employment in any business entities; and
(5) When he filed a delinquent Statement of Financial Interests for calendar year 2022
when he failed to disclose all of his employment in any business entities.
Per the Consent Agreement, the Investigative Division has exercised its prosecutorial
discretion to nolle pros the allegations regarding Morgan's Statements of Financial Interests. We
therefore need not address those allegations.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through his
holding public office or employment for the private pecuniary
benefit of himself, a member of his immediate family or a business
with which he or a member of his immediate family is associated.
The term does not include an action having a de minimis economic
impact or which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry, occupation or
other group which includes the public official or public employee, a
member of his immediate family or a business with which he or a
member of his immediate family is associated.
65 Pa.C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or
"conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public
official/public employee is prohibited from using the authority of public office/employment or
Morgan, 22-0004-1
Page 46
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.
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.
Morgan has served as a Member of Borough Council since November 14, 2005. Morgan
served as President of Borough Council from January 4, 2016, to April 2, 2018, and from
November 21, 2018, to January 1, 2023. Borough Council consists of seven Members.
In 1997, the Borough created the Mount Jewett Regional Sewer Authority ("Authority")
pursuant to the Municipality Authorities Act. The Authority is governed by a five -Member Board
of Directors ("Authority Board"). Borough Council is responsible for appointing the Members of
the Authority Board.
The Pennsylvania Department of Environmental Protection ("Department of
Environmental Protection"), Bureau of Clean Water, is responsible for administering the
wastewater management program in Pennsylvania. The Department of Environmental Protection
assigns classifications ranging from Class A to Class E and subclassifications ranging from
Subclass 1 to Subclass 5 to wastewater systems. In the majority of cases, a wastewater system is
required to have a certified operator in order for the wastewater system to operate. A certified
operator for a wastewater system holds Class and Subclass certifications that match or exceed the
Class and Subclass assigned to the wastewater system. Not every operator at a wastewater system
is required to hold the certifications needed to be a certified operator for the wastewater system.
A wastewater system owner is permitted to contract with an outside entity for the provision of
certified operator services.
The Authority wastewater system ("Authority System") is designated as a Class C,
Subclass 3 system by the Department of Environmental Protection. As of approximately May
2015, the Authority employed John Hayduk ("Hayduk") as the Authority System's certified
operator on a full-time basis.
Morgan holds certifications for Class E, Subclass 4 wastewater systems. In approximately
June 2016, Morgan began employment with Hamlin Township as an operator at the Hamlin
Township Hazel Hurst wastewater facility. In July 2017, The EADS Group, which is a consulting
firm involved in civil engineering, began serving as the certified operator for the Hamlin Township
Hazel Hurst wastewater facility.
Martin English ("English") is employed as a Project Manager/Engineer IV with The EADS
Group. In or about late November or early December 2018, Morgan, who was familiar with The
FADS Group through his employment with Hamlin Township, requested a proposal from The
EADS Group for the performance of certified operator services for the Authority System. Morgan
requested the proposal in conjunction with various Borough Council Member and Authority Board
Member concerns over Hayduk's temperament/personality during his prior employment with the
Morgan, 22-0004-1
Page 47
Borough and his employment with the Authority. English subsequently provided Morgan with an
"Operator Assistance Service Proposal" for the Authority System.
At an Authority Board meeting on December 13, 2018, the Authority Board Vice -
Chairman, Brian Sees ("Sees"), raised the subject of retaining The EADS Group to serve as the
Authority System's certified operator. Sees presented information regarding potential savings to
the Authority if Hayduk would be terminated as the full-time certified operator, The EADS Group
would be retained, and a part-time operator would be hired. When Sees made a motion for the
Authority to hire someone for Hayduk to train and for the Authority to utilize The EADS Group
at the end of three months, his motion died for lack of a second.
As of July 1, 2019, the Authority Board was composed of Chairman Mike Wennerstrom
("Wennerstrom"), Vice -Chairman Sees, Ernest Rankin ("Rankin"), John Keesee, and Mark
Dillenbeck. Due to term expirations, Sees' and Wennerstrom's seats on the Authority Board
would be vacant as of January 1, 2020, which would require Borough Council to name appointees
to those seats at the Borough's reorganization meeting on January 6, 2020.
As of the November 12, 2019, meeting of the Authority Board, Sees and Rankin began
discussing the potential of contracting with The EADS Group for the provision of certified
operator services. If the Authority contracted with The EADS Group, the Authority would no
longer need to employ a full-time certified operator and could instead employ a part-time operator.
Sees and Rankin desired to terminate Hayduk's employment with the Authority as a full-time
operator as both a cost savings measure and because they believed that Hayduk, among other
actions, had acted in an insubordinate manner to Sees. Sees and Rankin did not intend to employ
Hayduk as a part-time operator. Sees and Rankin, who were aware of Morgan's employment as a
wastewater system operator, discussed employing Morgan as a part-time operator for the Authority
System. Sees and Rankin did not relay their interest in contracting with The EADS Group and
terminating Hayduk's employment to the other three Members of the Authority Board, all of whom
supported Hayduk's employment.
Between November 18, 2019, and January 6, 2020, Morgan had multiple discussions with
Sees and Rankin with regard to the Authority possibly contracting with The EADS Group,
terminating Hayduk's employment, and employing a part-time operator to work under The EADS
Group's supervision. During the discussions, Sees informed Morgan of his desire to be
reappointed to the Authority Board in January 2020, and he solicited Morgan's support in
appointing Oakley "Butch" Colley ("Colley") to the Authority Board. Morgan knew of the need
to appoint individuals to the Authority Board who, along with Rankin, would provide a majority
faction for the termination of Hayduk's employment, and he informed Sees and Rankin that he
would support Sees' reappointment and Colley's appointment to the Authority Board in exchange
for the termination of Hayduk's employment. When Morgan told Sees and Rankin that the
Borough would dissolve the Authority and take control of the sewer system if Hayduk's
employment was not terminated within six months of the January 6, 2020, Borough reorganization
meeting, Sees and Rankin agreed to Morgan's terms.
After Morgan confirmed his support for Sees' reappointment and Colley's appointment,
he had discussions with Sees and Rankin with regard to the need for a certified operator for the
Authority System. Morgan explained that anybody could work as an operator for a wastewater
MoE,gan, 22-0004-1
Page 48
system as long as an individual or entity with the required license and certifications, such as The
FADS Group, was the operator of record for the wastewater system, and he recommended
inquiring into Hamlin Township's use of The EADS Group for certified operator services. Morgan
stated that he was willing to "help" with operator services at the Authority System until Sees and
Rankin could find an individual or entity to serve as the required certified operator.
Prior to the Borough's January 6, 2020, reorganization meeting, Morgan contacted
Borough Council Member Gary Geer ("Geer"), Borough Council Member -elect Charles Paar
("Paar"), and planned Borough Council appointee Barb Harp ("Harp"), explained to them his
agreement with Sees and Rankin, and lobbied for their support for Sees' reappointment and
Colley's appointment to the Authority Board. Geer, Paar, and Harp agreed to support Sees'
reappointment and Colley's appointment with the understanding that Hayduk would be terminated
from his employment with the Authority within six months.
At the Borough's reorganization meeting on January 6, 2020, Borough Council reappointed
Sees and appointed Colley to the vacancies on the Authority Board. The motions to reappoint
Sees and appoint Colley carried by votes of 4---0--1, with Morgan voting in favor of each motion.
Rankin waited until January 7, 2020, to contact English/The EADS Group about
contracting for services at the Authority System to ensure that he and Sees had a majority vote
needed to move forward with retaining The EADS Group and terminating Hayduk's employment.
English subsequently supplied Rankin with a rate schedule for The EADS Group's services.
On or about January 15, 2020, Morgan, Sees, and Rankin discussed Morgan's salary
requirements to serve as the Authority System operator. Sees and Rankin, without input from the
other Authority Board Members, ultimately agreed to pay Morgan a net salary of $300.00 per week
and to pay one-third of Morgan's premiums for health insurance through the Authority.
At the Authority Board's February 11, 2020, meeting, Sees made a motion, seconded by
Colley, to hire The EADS Group and a part-time operator. Sees' motion carried via a vote of 3-2
with Sees, Rankin, and Colley voting in favor of the motion. The approval of Sees' motion resulted
in the dismissal of Hayduk from his Authority employment. Prior to the vote, Sees and Rankin
were asked when the contract with The EADS Group was to be effective and where the Authority
was going to obtain a part-time operator. Sees asserted that the contract with The EADS Group
was to be effective that night, and he stated that Morgan "can step in night now and then we can
put an ad in the paper." Although no vote or formal action had been taken by the Authority Board
to hire Morgan as either a temporary or permanent part-time operator for the Authority System,
Morgan began employment with the Authority effective February 12, 2020, and he received his
first salary disbursement from the Authority on February 21, 2020.
As a result of the Authority Board retaining The EADS Group, the Authority advertised
for a part-time operator between February 15 and February 26, 2020. James M. McCloskey
("McCloskey") and Morgan each submitted an application or resume to the Authority for the part-
time operator position. No other applications or resumes were received by the Authority. At the
Authority Board's March 10, 2020, meeting, the Authority Solicitor recommended that the
Authority Board approve Morgan's hiring and compensation amount that evening and ultimately
take action with regard to the application process. Colley subsequently motioned, seconded by
Morgan, 22-0004-I
Page 49
Sees, to carry Morgan's employment over to the next month. Colley's motion carried by a vote of
3----2 with Rankin, Sees, and Colley voting in favor of the motion.
Morgan continued to perform duties as the Authority System part-time operator from
March 11, 2020, to May 11, 2020. McCloskey was not contacted by the Authority with regard to
the part-time operator position, and Morgan was not interviewed for the position. At the May 12,
2020, Authority Board meeting, Sees motioned, seconded by Colley, to hire Morgan as the
Authority System's part-time/salaried operator at a salary of $761.31 (gross) per pay period. This
motion carried by a vote of 3-2. Sees additionally motioned, seconded by Colley, to approve the
Authority's provision of health insurance to Morgan with the Authority paying one-third of
Morgan's premiums. This motion also carried by a vote of 3-2. Rankin, Sees, and Colley voted
in favor of each motion.
From February 21, 2020, through April 14, 2023, Morgan received payments totaling
$64,170.04 {grass) from the Authority for services rendered as the Authority System's part-time
operator. Morgan additionally received a gas allowance totaling $2,100.00 from the Authority due
to using his personal vehicle in connection with his part-time operator duties and extra
compensation totaling $600.00 from the Authority for snow plowing that he performed for the
Authority. From June 2020 through May 2023, the Authority made payments totaling $3,423.76
for Morgan's health insurance premiums.
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:
The Investigative Division will recommend the following in relation
to the above allegations:
That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Morgan voted to
reappoint/appoint individuals to the Mount Jewett
Regional Sewer Authority Board with the knowledge
and understanding that those individuals would hire
him as an employee of the Authority resulting in a
private pecuniary benefit to himself.
b. The remaining allegations be nolle prossed.
4. Morgan agrees to make payment in the amount of $15,000.00
payable to the Commonwealth of Pennsylvania in settlement of this
matter and which shall be forwarded to the Pennsylvania State
Ethics Commission. Payment shall be made as follows:
Morgan, 22-0004-I
Page 50
a. Respondent agrees to pay at least $250.00 per month
with the first payment due thirty (30) days of the
issuance of the final adjudication in this matter until
the $15,000.00 is paid in frill.
5. In the event he has not already done so, Morgan agrees to file
complete and accurate amended Statements of Financial Interests
with Mount Jewett Borough, through the Pennsylvania State Ethics
Commission, for calendar years 2018, 2019, 2021, and 2022 within
thirty (30) days of the issuance of the final adjudication in this
matter.
b. Morgan agrees to not accept any reimbursement, compensation or
other payment from Mount Jewett Borough 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 make no
specific recommendations to any law enforcement 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.
a. Respondent has been advised that as a matter of
course, all orders from the Commission are provided
to the Attorney General, albeit without any specific
recommendations pursuant to paragraph 7 above.
b. Respondent has been advised that all orders become
public records and may be acted upon by law
enforcement as they deem appropriate.
C. The non -referral language contained in this
paragraph is considered an essential part of the
negotiated consent agreement.
Consent Agreement, at 2-3.
We accept the parties' recommendation for a finding that a violation of Section 1103(a) of
the Ethics Act occurred when Morgan voted to reappoint/appoint individuals to the Authority
Board with the knowledge and understanding that those individuals would hire him as an employee
of the Authority, resulting in a private pecuniary benefit to himself.
Morgan, 22-0004-1
Page 51
Between November 18, 2019, and January 6, 2020, Morgan had multiple discussions with
Authority Board Vice -Chairman Sees and Authority Board Member Rankin with regard to the
Authority possibly contracting with The FADS Group for certified operator services, terminating
certified operator Hayduk's employment, and employing a part-time operator to work under The
FADS Group's supervision. After Sees informed Morgan of his desire to be reappointed to the
Authority Board in January 2020 and solicited Morgan's support in appointing another individual,
Colley, to the Authority Board, Morgan informed Sees and Rankin that he would support Sees'
reappointment and Colley's appointment to the Authority Board in exchange for the termination
of Hayduk's Authority employment. Morgan also stated that he was willing to "help" with operator
services at the Authority System until Sees and Rankin could find an individual or entity to serve
as the required certified operator.
Morgan used the authority of his office as a Member and President of Borough Council
when, prior to the Borough's January 6, 2020, reorganization meeting, he contacted Borough
Council Member Geer, Borough Council Member -elect Paar, and planned Borough Council
appointee Harp, explained to them his agreement with Sees and Rankin, and lobbied for their
support for Sees' reappointment and Colley's appointment to the Authority Board. Morgan further
used the authority of his public office when he voted in favor of reappointing Sees and appointing
Colley to the Authority Board. Sees, Colley, and Rankin provided a majority faction on the
Authority Board for contracting with The FADS Group for certified operator services and
terminating Hayduk's employment, and as a result of multiple 3--2 votes in which Sees, Colley,
and Rankin were in the majority, The FADS Group was retained to provide certified operator
services for the Authority System, Hayduk's employment as the certified operator was terminated,
and Morgan became employed with the Authority as a part-time operator.
Based upon the Stipulated Findings and Consent Agreement, we hold that a violation of
Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Morgan voted to
reappoint/appoint individuals to the Authority Board with the knowledge and understanding that
those individuals would hire him as an employee of the Authority, resulting in a private pecuniary
benefit to himself.
As part of the Consent Agreement, Morgan has agreed to make payment in the amount of
$15,000.00 payable to the Commonwealth of Pennsylvania by way of monthly payments of at least
$250.00 each until the $15,000.00 is paid in full, with each such payment to be made payable to
the Commonwealth of Pennsylvania and forwarded to this Commission, and with the first such
payment to be forwarded to this Commission within thirty (30) days of the issuance of the final
adjudication in this matter.
Morgan has agreed to not accept any reimbursement, compensation or other payment from
the Borough representing a full or partial reimbursement of the amount paid in settlement of this
matter. To the extent he has not already done so, Morgan has agreed to file complete and accurate
amended Statements of Financial Interests for calendar years 2018, 2019, 2021, and 2022 with the
Borough, through this Commission, within thirty (30) days of the issuance of the final adjudication
in this matter.
We agree that the aforesaid recommendations are appropriate, including the
recommendation that Morgan file complete and accurate amended Statements of Financial
Morgan, 22-000 -I
Page 52
Interests for calendar years 2018, 2019, 2021, and 2022, notwithstanding the nolle pros as to the
allegations pertaining to his Statements of Financial Interests.
Accordingly, per the Consent Agreement of the parties, Morgan is directed to make
payment in the amount of $15,000.00 payable to the Commonwealth of Pennsylvania by way of
monthly payments of at least $250.00 each until the $15,000.00 is paid in full, with each such
payment to be made payable to the Commonwealth of Pennsylvania and forwarded to this
Commission, and with the first such payment to be forwarded to this Commission by no later than
the thirtieth (301h) day after the mailing date of this adjudication and Order.
Morgan is directed to not accept any reimbursement, compensation or other payment from
the Borough representing a full or partial reimbursement of the amount paid in settlement of this
matter.
To the extent he has not already done so, Morgan is directed to file complete and accurate
amended Statements of Financial Interests for calendar years 2018, 2019, 2021, and 2022 with the
Borough, through this Commission, by no later than the thirtieth (30'11) 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.
IV. CONCLUSIONS OF LAW:
I. As a Member and President of Council for Mount Jewett Borough, McKean County,
Pennsylvania, at all times relevant to these proceedings, Respondent Brett Morgan
("Morgan") has been a public official subject to the provisions of the Public Official and
Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Morgan voted to reappoint/appoint individuals to the Board of Directors of the Mount
Jewett Regional Sewer Authority with the knowledge and understanding that those
individuals would hire him as an employee of the Mount Jewett Regional Sewer Authority,
resulting in a private pecuniary benefit to himself.
In Re: Brett Morgan, File Docket: 22-0004-I
Respondent Date Decided: 10/4/23
Date Mailed: 10/6/23
ORDER NO. 1826
A violation of Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa.C.S. § 1103(a), occurred when Brett Morgan ("Morgan"), as a Member and
President of Council for Mount Jewett Borough, McKean County, Pennsylvania, voted to
reappoint/appoint individuals to the Board of Directors of the Mount Jewett Regional
Sewer Authority with the knowledge and understanding that those individuals would hire
him as an employee of the Mount Jewett Regional Sewer Authority, resulting in a private
pecuniary benefit to himself.
2. Per the Consent Agreement of the parties, Morgan is directed to make payment in the
amount of $15,000.00 payable to the Commonwealth of Pennsylvania by way of monthly
payments of at least $250.00 each until the $15,000.00 is paid in full, 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 (301h) day after the
mailing date of this Order.
Morgan is directed to not accept any reimbursement, compensation or other payment from
Mount Jewett Borough representing a full or partial reimbursement of the amount paid in
settlement of this matter.
4. To the extent he has not already done so, Morgan is directed to file complete and accurate
amended Statements of Financial Interests for calendar years 2018, 2019, 2021, and 2022
with Mount Jewett Borough, through this Commission, by no later than the thirtieth (30'h)
day after the mailing date of this Order.
Compliance with paragraphs 2, 3, and 4 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,
Michael A. Schwartz, Chair