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HomeMy WebLinkAbout1293 MohrIn Re: Stephen L. Mohr File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Daneen E. Reese Frank M. Brown Donald M. McCurdy Michael Healey Paul M. Henry 02- 050 -C2 Order No. 1293 9/15/03 9/29/03 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. §§ 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of its investi9ation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investi9ation the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was not filed and a hearing was deemed waived. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Mohr 02- 050 -C2 Page 2 I. ALLEGATION: That Stephen L. Mohr, a public official in his capacity as a Commissioner for the Pennsylvania Game Commission violated provisions of the State Ethics Act (Act 9 of 1989, 65 P.S. §401 et seq.) when he used or attempted to use the authority of his office for the private pecuniary benefit for himself and /or businesses with which he is associated by participating in, including but not limited to discussions and votes of the Game Commission regarding regulations which would affect his private businesses, Island Exotic Hunts and Mohr's Widow- Maker; and when he failed to file on Statements of Financial Interests filed for the 1997 through 2001 calendar years all sources of income in excess of $1,300 annually; office, directorship or employment and financial interests in Island Exotic Hunts; and when he failed to disclose office, directorship or employment or financial interests in Stephen Mohr Construction for the 2001 calendar year. II. FINDINGS: 1. Stephen L. Mohr has served as a commissioner Commission since December 9, 1997. a. There are a total of eight separate Game Commonwealth. for the Pennsylvania Game Commission districts in the b. Each district has a Commissioner appointed to represent it. c. Commissioners are appointed by the Governor's Office to serve for an eight (8) year term. d. Mohr represents Game Commission District six (6) which includes Adams, Cumberland, Dauphin, Franklin, Juniata, Lancaster, Lebanon, Mifflin, Perry, Snyder and York Counties. e. Game commissioners do not receive compensation to serve. 1. Commissioners are reimbursed for actual expenses incurred performing Commission business. 2. Stephen L. Mohr also has served as a Conoy Township, Lancaster County, supervisor since approximately 1986. a. Mohr has simultaneously served as a Game Commissioner and Conoy Township Supervisor since December 9, 1997. b. Mohr has been employed by Conoy Township on an as- needed basis assisting with work on township roads. 3. Professionally, Mohr's personal business interests include rental properties, farming, Conoy Township employment, income from animal hunts and the sale of animal scents and hunting accessories under the business name Mohr's Widow- Maker. 4. Mohr's rental property business includes several properties and a farm in the Bainbridge area of Lancaster County. a. Mohr utilized properties located at 144 Race Street, 20 North Second Street, 211 S. Second Street, and 146 Wickersham Road, Bainbridge, PA, at least in part as rentals. b. Mohr also rents out part of his farm located at 723 Stackstown Road, Mohr 02- 050 -C2 Page 3 Bainbridge, PA. 5. Records of the Lancaster County Recorder of Deeds confirm the following properties owned by Stephen L. Mohr and /or Stephen L. Mohr /Mary Ann Mohr. 144 Race Street 211 Second Street P.O. Box 103 Bainbridge, PA 17502 Bainbridge, PA 17502 20 Second Street Bainbridge, PA 17502 723 Stackstown Road Bainbridge, PA 17502 146 Wickersham Road Bainbridge, PA 17502 River Road (Lot) Bainbridge, PA 17502 River Road (Lot) Bainbridge, PA 17502 River Road (Lot) Bainbridge, PA 17502 6. Mohr's Widow -Maker is a family owned and operated business manufacturing and selling hunting products including lures, scents, deer and turkey calls. a. Stephen L. Mohr is a principal in this business along with his wife Mary Ann Mohr. b. Some of the raw materials used to manufacture the lures and scents sold by the business come from the collection of animal urine and other animal parts. c. Stephen Mohr has been doing business as Mohr's Widow -Maker since approximately 1985. 7. Mohr's Widow -Maker is promoted by retail sales, word of mouth, sportsman shows and an official website. a. Mohr's Widow -Maker can be found on -line at http: / /mohrswidowmaker.com. 8. Mohr was in the construction business operating as Stephen Mohr Masonry and /or Stephen Mohr Construction from 1978 until approximately 1997. a. Mohr's construction business is still identified on his answering machine for phone number (717) 426 -3193, along with his other business interests. 1. Mohr's brother, who operates a similar business receives all referrals received. 9. Mohr has been engaged in the farming industry with Steve Zook since approximately 1997. a. Mohr has a rental /business arrangement with Zook whereby Zook supplies the seed, fertilizer and labor in exchange for use of the land. b. Mohr also receives a $2,000 to $3,000 per year for soybean profits from Zook and a share of the hay and corn produced on the land. 1. The hay and corn are used for feed for farm and hunt animals. c. Mohr does not actively promote his farming business. Mohr 02- 050 -C2 Page 4 d. Mohr's farming activities occur at property owned by him at 723 Stackstown Road, Bainbridge, Pa. 10. Mohr has been operating Island Exotic Hunts since approximately 1985. a. Island Exotic Hunts offers for hunt various species of rams, goats and boars at $350 per animal. b. Special order animals are available on an as quoted price basis. c. Other animals available include water buffalo, elk, javeline and several species of deer for hunts in the high fence area on Mohr's farm. 11. Mohr promotes Island Exotic Hunts at events such as the annual Eastern Outdoor Sportsman Show held at the Pennsylvania Farm Show complex. a. Mohr has advertising brochures for Island Exotic Hunts which he displays at his booth for Mohr's Widow -Maker Lures. b. Mohr does not advertise or promote Island Exotic Hunts as being part of his farming operation. c. Animals including hogs, rams, goats, deer and buffalo used for the hunts are raised by Mohr on his farm. 1. Animals are raised under permits approved by the PA Game Commission. d. Other animals including African Hoofstock, Elk and specialty deer are obtained by Mohr from other propagators. 12. Brochures for Island Exotic Hunts include contact information of Stephen L. Mohr and Family, Box 103, Bainbridge, PA 17502, (717) 426 -3193. a. This is Mohr's home phone number and mailing address. b. The hunts are advertised as being held on a 150 acre island on the Susquehanna River, Lancaster County, PA. c. Mohr does not own a 150 acre island on the Susquehanna River. d. Island property used for the hunts is owned by the Bainbridge Gun Club which the Mohr's are members of. 1. Mohr pays a usage fee to the club. e. Animals advertised as being available include water buffalo, red deer, african [sic] hoofstock (impala, etc.), whitetail deer (does & up to 200 class buck), fallow deer (some super bucks), javelina, buffalo, axis deer, elk, sitka deer, goats (catalina, spanish [sic], angora), rams (corsican[sic], mouflon, spotted desert, four- horned, barbados [sic], texas [sic] -doll, black hawaiian [sic], rocky mountain & others), boars (russian [sic], feral, razorback). 13. Mohr's Widow- Maker, Island Exotic Hunts, Stephen Mohr Construction, Stephen Mohr Farming or Stephen Mohr Rental Properties are not incorporated businesses or registered as fictitious names with the Pennsylvania Department of State. Mohr 02- 050 -C2 Page 5 14. Since at least 1999 the PA Game Commission has been in the process of reviewing updating and making changes to regulations relating to activities such as the hunting of exotic animals, the sale of inedible animal parts and the possession of live fox specifically for the collection of urine. a. These proposed regulatory changes by the Commission could affect and impact Mohr's private business interests including Island Exotic Hunts and Mohr's Widow -Maker lures. 15. The PA Game Commission typically holds four (4) public meetings per year. a. Commissioners will meet with administrative staff and take public comment the day prior to the public meeting to discuss agenda items. b. No meeting minutes are generated from meetings with staff or the public comment sessions. c. Public meetings are stenographically recorded. d. Commissioners have supervisory responsibility over Commission staff. 1. Staff have enforcement power over Commission licenses issued including those for propagators. e. Commissioners also work with staff as part of committee assignments. Committees include: Budget Executive Land Management Information & Education b. Mohr's license covers both. Law Enforcement Personnel & Training Executive Planning Legislative Nominating Wildlife Management Automated Technology 16. Stephen L. Mohr, P.O. Box 103, 144 Race Street, Bainbridge, PA, has been a licensed propagator of deer, turkey, pheasant, fox , elk and quail in the Commonwealth since August 2, 1985. a. Propagators license no. 2129 was issued to Mohr by the Game Commission. b. A condition of Mohr's propagator license prohibited the sales of live foxes except to other propagators. c. The propagators license allows Mohr to raise and sell animals native to Pennsylvania. d. Mohr indicated that bobcats were added to his license in June 2003. 17. Pennsylvania currently has approximately 690 individuals licensed by the Game Commission to be propagators of deer and elk. a. There are only thirty -three (33) licensed propagators of foxes in Pennsylvania. 18. Propagators are permitted to raise, maintain and sell an unlimited number of the animals they are licensed to propagate. 19. Mohr, in his official capacity as a Commissioner for the PA Game Commission Mohr 02- 050 -C2 Page 6 participated in the review, discussion and official action taken by the Commission on proposed regulatory changes to Title 58 of the Pennsylvania Code. a. §131.1 — Protected Animals §131.4 — Definitions b. §147.2 — Subsection D — proof of local permit approval c. § §147.741, 147.261 and 147.281 d. §147.146 — Sale of Inedible Wildlife Parts e. §137.31 — Possession of live wildlife f. Restrictions on the housing of exotic wildlife in residential neighborhoods. g. These sections of Title 58 effect all involved in this industry, including Mohr. 20. The Game Commission considered imposing restrictions on the housing of exotic wildlife in residential neighborhoods at their June 21, 2000, meeting. a. Mohr was present at this meeting and participated in the discussion. b. Game Commission staff is on record as stating their position that residential neighborhoods are not appropriate places for the housing of exotic wildlife. Proposed changes would relate to new permits. 21. Mohr offered the following comments on proposed regulatory changes on the housing of exotic animals at the Commission's June 21, 2000, meeting: a. "On this subject here, I am not sure it's the Game Commission's responsibility to go in and tell the township where or when or in what area that an individual can in fact keep exotic animals. As a township supervisors in Lancaster County, we have thousands of acres of farm country that are zoned residential that will never be developed as long as the present families continue to farm. They are up there in the places that's zoned ag holding or agriculture in the fact that exotic wildlife could in fact be raised and kept on those properties without interfering with a neighbor. I think this is one area we ought to stay out of. If a township doesn't have enough knowledge to have ordinances in place to prevent it, then shame on them. I don't think it's the Game Commission's responsibility to tell a township that we are going to patrol their area for them. b. "If this was brought under any nuisance ordinance whether a person has a 2,000 pound bull in a residential neighborhood or an exotic animal, you can address it (refers to township zoning) either way the danger is there and the smell to the neighbors would be there. I'm saying that I think it's the township's responsibility to come up with this." c. This motion was defeated by a 2 -4 margin. d. Commissioners voting in favor or opposed were not listed. e. Commissioners present June 21, 2000, included: Mohr, Shaffer, Spock, Dunkle, Gilford, Venesky. 22. At the time of these Commission discussions exotic wildlife included all bears, coyotes, Mohr 02- 050 -C2 Page 7 lions, tigers, leopards,jaguars, cheetahs, cougars, wolves and any crossbreed of these animals which have similar characteristics in appearance or features. a. This definition is applicable whether or not the birds or animals were bred or reared in captivity or imported from another state or nation. 23. Any regulatory action related to the housing of exotic animals would not impact Island Exotic Hunts. a. None of the animals currently being hunted through Island Exotic Hunts would be considered exotic. b. Mohr currently does not have large cats such as lions and tigers which were the main focus of the proposed changes. c. Mohr asserted that the exotic in Island Exotic Hunts does not relate to the hunting of exotic animals rather an exotic type activity. 24. At the Game Commission's April 9, 2002, meeting the commissioners were provided with proposed amendments to 58 Pa. Code, Chapter 133, Sections 131.1, Protected Animals and Section 131.4, Definitions. Proposed amendments were presented as follows: a. §131.1 — Protected Animals 131.1 (a) — Wild animals not defined in the act as furbearers, game birds or game animals shall be classified as protected animals to be taken only under the act and this part. See Chapter 21, Subchapters B and C of the act relating to destruction for agricultural protection and destruction of game or wildlife in self- defense) and §141.3 (relating to protection removed under certain circumstances) 131.1 (b) — It is unlawful to hunt, take or attempt to hunt or take protected animals or exotic animals. This shall not apply to the lawful hunting and trapping of game and furbearers or the euthanasia by the permittee or licensed veterinarian of injured or diseased exotic animals held under the authority of a permit issued by the commission. b. 131.4 — Definitions In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this chapter] title or the act, have the following meanings, unless the context clearly indicates otherwise. Domesticated — Those individual animals that have been made tractable or tame Wild animals — shall include the term wild birds and wild mammals and shall include but not be limited to any bird or mammal naturally occurring in the wild. The term includes: 1. All members of the family Cervidae (deer, moose, elk, caribou) 2. All members of the family Suidae (wild pigs) except Sus domesticus (domestic swine). 3. All members of the family Tayossuidae (peccaries and javilines) 4. All members of the sub - family Alcelaphinae including but not limited to wildebeests, hartebeests, topi and blesbok. 7. All members of the family Canidae, except Canis familaris (domestic dog). Mohr 02- 050 -C2 Page 8 8. All members of the family Felidae, except Felis catus (domestic cat) 9. All members of the family Equidae, except Equus asinus and Equus caballus (horse) 10. All members of the family Mustelidae except Mustela furo (domestic ferret) 11. All members of the family Bovidae except Bos taurus and Bos indicus (domestic cattle) Bison bison[sic] (domesticated bison) and Bos grunniens (domesticated yak) 12. All members of the Order Rodentia, except chinchilla laniger (domesticated chinchilla), Meriones unguiculatus (domesticated gerbil), cavia porcellus (domesticated guinea pig), Mesocricetus auratus (domesticated hamster), mus musculus (domestic mouse), rattus norvegicus and rattus rattus (domestic rat). 13. All members of the family camelidae except camelus bactrianus and camelus dromedaries (domestic camel), lama pacos (domesticated alpaca), lama peruana (domesticated llama) and lama vicugna (vicuna). 14. Any animal that is a result of crossbreeding a wild animal with any other animal c. Recommendation: The executive director and staff recommend the Commission approve these proposals. 25. Transcript excerpts from the Game Commission's April 9, 2002, meeting include the following motion, discussion and official action on proposed amendments to Sections 131.1 and 131.4. a. Mr. Pouss: President Dunkle: Mr. Schleiden: President Dunkle: Mr. Mohr: President Dunkle: Mr. Mohr: President Dunkle: Mr. Gilford: President Dunkle: Mrs. Palone: President Dunkle: Mrs. Palone: President Dunkle: (No response) President Dunkle: Mohr. Mr. President, the next item of the agenda is on page 16. It is proposed rule making to amend 58 Pa. Code, Chapter 133, Sections 133.1 and 133.4. Although the Game Law, I guess that would be the Game and Wildlife Code, makes many references to the term "protected animals" the term has never been defined and it as been unclear as to which animals ma y be hunted or taken. This vagueness can be remedied by amending Chapter 131, Sections 131.1 and 131.4.You can see the text of the amendments on pages 16 and 17. Commissioners, you have the text before you. Do I hear a motion? So moved. Do we have a second? I'll second it. Is there discussion? Are there any subsidiary motions? Mr. President, I'd like to amend that motion that we defer this entire section to committee and that public input be approved. We have a subsidiary motion to defer to committee. Do have a second to that? Seconded Discussion? Mr. Dunkle, are we just talking about 133.1; is that the only section we're talking about? The whole section. We're talking about the whole section, okay. Any further questions? Any further discussion? The motion is to defer to committee as described by Mr. All in favor raise your right hand. (Hands raised). Mohr 02- 050 -C2 Page 9 President Dunkle: Opposed. (No response) b. Present: Dunkle, Schleiden, Gilford, Spock, Mohr, Palone, Riley 26. The motion presented to the Commission by the administration if passed would have prohibited the taking of animals offered for hunts by Island Exotic Hunts. a. By definition, the hunting of members of the Cervidae (deer, moose, elk caribou), Suidae (wild pigs), Caprinae (sheep), Capra hircus (goat), and Bovidae would be prohibited with the exception of the specified exclusions. 27. On April 8, 2002, Mohr approached commission law enforcement employees about the proposed regulations. a. Mohr told commission employees Dubiach and Overcash that the proposed regulations could impact him and other small private hunt operators six figures. b. Mohr admits to having many disagreements with the commission's law enforcement staff over proposed regulatory changes. 28. Mohr's income received from Island Exotic Hunts is included as part of his farming operations. 29. In or about 2001 the Game Commission was considering actions limiting the number of live foxes that could be maintained for the collection of urine. a. The Game Commission began addressing the topic of limiting the number of foxes for urine collection during their June 12, 2001, meeting. b. Mohr was present at this meeting and vocally opposed any restrictions. c. Mohr did not disclose to the board or public that any restrictions limiting the number of live foxes permitted to be held could affect businesses such as Mohr's Widow Maker. 1. Fox urine is used as an component of scents used for trapping foxes. 30. Excerpts from the transcript of the Game Commission's June 12, 2001, meeting include the following comments, and actions by Mohr on the proposed restrictions. a. Administrative Commentary: The Game and Wildlife Code provides for the possession of live furbearers taken from the wild, provided the person taking the furbearers has a permit issued by the Commission to possess the furbearer. Regulations were formulated and are in place in Chapter 137, specifically §137.31 of Title 58 to provide for the possession of live fox only specifically for the collection of urine. The Bureau of Law Enforcement and the regions believe we need to restrict the number of live foxes an individual may possess under this exception to the law. It is recommended that the number be two only. If additional foxes need to be obtained they may be purchased from a licensed propagator. b. Executive Director and Administrative Recommendation: "Chapter 137, Wildlife, §137.31, possession of live wildlife. 1. It is unlawful for a person to possess live wildlife taken from a wild state from within this Commonwealth except 1) A permit possess no more than two live foxes may be issued to a person for the sole purpose of Mohr 02- 050 -C2 Page 10 collecting fox urine. The permit to possess live fox will expire on the last day of the fox - trapping season. Any foxes held under the authority of this permit shall be euthanized and may be pelted and the pelt may be sold. No fox held under the authority of this permit may be released into the wild. 2) A person lawfully operating under the authority of a permit issued in accordance with the act is excepted from this section." c. Mohr seconds the motion to bring the topic before the board for discussion. d. Mohr then makes a motion to amend the recommendation so that no number be placed on the amount of foxes that can be kept. e. Comments: David Overcash: The Game and Wildlife Code (has) a section for propagation permits that allows individuals to have any number of animals that they want, as long as they lawfully obtain them from the wild and do whatever they want with them in the way of a commercial operation ... when this permit was first established in 1990 it was not established to allow someone to go into a commercial operation with foxes. If that were the case, as I said in response to Commissioner Dunkle, I don't want to lose track of this, Section 2930 of the Code allows someone by applying to get a wildlife propagation permit to have any number of foxes, as long as they have the proper facility and those kind of things. Mohr (excerpts): The purpose of this, to run it down to two, I don't think that's going to outweigh the hardship it causes to some of the people. Not everyone, not every trapper has the facility or has the place that they, in fact, can keep a fox, or two or three, to collect the urine ... these live foxes are kept in cages, not only do they produce urine, but in the amount of time they're in there, their fur goes from questionable to when they are finally slaughtered in the process to go to being prime ... for clarification purposes, the person that does have a propagation permit is not permitted to trap these foxes and keep them ... the other thing it will do when these (the) small individual is put out, it will escalate the price to the average trapper, that's for sure, the price for urine ... the only thing I wanted to do was eliminate the number of foxes that can be possessed. 31. Following all of the discussions excerpted in the previous finding, the Commission voted several times during their June 12, 2001, meeting and amended motions on the number of foxes permitted to be kept for urine collection purposes. a. Mohr's amendment to permit an unlimited number of foxes be kept failed by a 2- 5 margin with Mohr voting. b. Commissioner Dunkle then made an amendment to change the number of foxes permitted from two to five. This motion passed by a 6 -1 margin with Mohr voting. c. Commissioners voting in favor or opposed were not listed. d. Commissioners present June 12, 2001, included: Spock, Dunkle, Mohr, Shaffer, Gilford, Palone, Schleiden. 32. At the Commission's October 2, 2001, meeting, the Commission took action on the Executive Director and staff's recommendations on amending §137.31 relating to possession of live wildlife as approved June 12, 2001. a. Mohr was present at this meeting and participated in Commission discussion Mohr 02- 050 -C2 Page 11 and official action on the topic. b. Mohr seconded a motion to table this action which failed by a 3 -4 margin. 1. Commissioners Mohr, Spock, Palone in favor. 2. Commissioners Gilford, Shaffer, Dunkle and Schleiden opposed. c. Upon completion of all discussions on this motion, the Commission voted 5 -2 to accept the compromise of five foxes on October 2, 2001. 1. Commissioners Dunkle, Shaffer, Spock, Schleiden and Gilford voted in favor. 2. Commissioners Mohr and Palone opposed. 33. Restrictions on the number of foxes which could be maintained could have a supply and demand effect on Mohr's Widow -Maker business. a. The more foxes which can be maintained for the collection of urine the greater the supply. b. Mohr vocally was against any restriction in the number of foxes which could be maintained. 34. Mohr's involvement in Island Exotic Hunts and releasing of domestic animals on an island on the Susquehanna River for hunts was reviewed by the staff of the PA Game Commission. a. The review occurred as a result of a request from Vernon Ross of the PA Game Commission. b. On April 8, 1997, Michael Schruit, Deputy Executive Director addressed a letter to Ross advising of the results of the review. c. The April 8, 1997, letter noted as follows: "Mohr is one of 25 individuals who own the island in question; an island immediately adjacent to Bainbridge and about 80 acres in size. The group has owned the island for several years and first released goats on the island in an effort to control vegetation. A majority of the members enjoy hunting and the efforts evolved into the release of domesticated, non - indigerous species of sheep and hogs for the dual purpose of controlling vegetation and providing hunting opportunities. Nothing observed lead Schmit to believe Mohr was violation Commonwealth laws or regulations in any way." 35. William R. Pouss, Chief Counsel for the Game Commission, suggested to Mohr that Mohr should get an opinion from the State Ethics Commission. a. Pouss' suggestion came as a result of a discussion he had with Mohr when Mohr stated that Commission business was interfering with his Mohr's Widow - Maker business. Mohr 02- 050 -C2 Page 12 b. Mohr advised Pouss that people were asking him questions regarding Commission business while he was promoting for sale widow -maker products at the Eastern Outdoor and Sportsman Show. (Year Unknown). c. Pouss suggested that Mohr get advice from the State Ethics Commission. d. Mohr has not received any such advisory opinion. The following findings relate to Mohr's failure to properly file Statements of Financial Interests forms for calendar years 1997 through 2001. 36. Mary Ann Mohr has assisted Stephen Mohr with the completion of Statements of Financial Interests filed by Mohr as a member of the PA Game Commission and Conoy Township Board of Supervisors. a. Mary Ann Mohr is the records custodian for all of the Mohr's business endeavors. b. Stephen Mohr reviewed and signed each SFI filed. 37. Stephen L. Mohr in his official capacity as a commissioner for the Pennsylvania Game Commission was annually required to file a Statement of Financial Interests form by May 1 containing information relating to the prior calendar year. a. Mohr's SFI's filed as a Game Commissioner are maintained by the State Ethics Commission. 38. Statements of Financial Interests on file with the Pennsylvania State Ethics Commission include the following SFIs filed by Mohr in his official capacity as a Game Commissioner: a. Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: Financial Interests in any Business: Income Attachment for Rental Properties: 2002 04/23/03 on SEC Form 1/02 Supervisor candidate, Conoy Township; Game Commissioner Union National Bank; Ford Motor Credit, MBNA Conoy Township Mohr's Widow -Maker Hunting Products, own; Farming /hunts, own; rental properties, own Mohr's Widow -Maker Hunting Products, 144 Race Street, Bainbridge; Farming /hunts, 723 Stackstown Road, Bainbridge; rental properties — 20 N. Second Street, Bainbridge; 142 Wickersham Road, Bainbridge; 211 S. Second Street, Bainbridge; 723 Stackstown Road, Bainbridge, PA; 20 acres, Conoy Township Wickersham Road — Lisa Martin 144 Race Street — Roger Ouimet 20 N. 2 " Street — Apt. A — Marianne Gagliano A�. B — Marian Showalter 211 S. 2 Street — Apt. A — Cheryl Blevins $ 6,900.00 $ 3,025.00 $ 3,900.00 $ 4,400.00 $ 1,400.00 Mohr 02- 050 -C2 Page 13 b. Calendar Year: Filed: Position: Profession: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: Financial Int. in any Business: All Other Financial Interests: c. Calendar Year: Filed: Position: Profession: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: Financial Int. in any Business: All Other Financial Interests: d. Calendar Year: Filed: Position: Profession: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: Financial Int. in any Business: All Other Financial Interests: e. Calendar Year: Filed: Position: Profession: Creditors: Direct /Indirect Income: Apt. A — Allen McGuigan Apt. B — Daniel Rios Apt. B — Kitzy Worch Apt. C. — Missy Minton Apt. C — Kim Wallace 2001 05/02/02 on SEC Form 01/02 Commissioner — Pa Game Commission, Supervisor — Conoy Township Self - employed Union National Bank, variable Conoy Township; Self -owned business; farming, Mohr's Widow -Maker Mohr's Widow -Maker — owner Mohr's Widow -Maker — owner None 2000 04/23/01 on SEC Form 01/01 Township Supervisor — Game Commissioner Self - employed Union National Bank, Ford Credit Conoy Township; business and rental income, 144 Race Street, Bainbridge, PA Mohr's Widow- Maker; Stephen Mohr, cash — owner Same as above None 1999 04/10/00 on SEC Form 01/00 Township Supervisor, Game Commissioner Self - employed Union National Bank, 9% Conoy Township; business and rental income, 144 Race Street, Bainbridge, PA Mohr's Widow- Maker; Stephen C. Mohr Construction — owner Same as above None $ 900.00 $ 600.00 $ 1,800.00 $ 325.00 $ 2,925.00 1998 03/08/99 on SEC Form 01/99 Township Supervisor, Commissioner Self - employed Union National Bank, 9% Conoy Township; business and rental income, 144 Race Street, Bainbridge, PA Mohr 02- 050 -C2 Page 14 Office, Directorship or Emp. in any Business: Financial Int. in any Business: All Other Financial Interests: f. Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: Financial Int. in any Business: All Other Financial Interests: g. Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: All Other Financial Interests: 39. Stephen L. Mohr in his official capacity as supervisor for Conoy Township, Lancaster County, was annually required to file a Statement of Financial Interestsform by May 1 containing information relating to the prior calendar year. 40. Statements of Financial Interests on file with Conoy Township include the following filings by Mohr in his official capacity as a township supervisor. a. Calendar Year: Filed: Position: Occupation: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: Financial Interests in any Business for Profit: Mohr's Widow- Maker; Stephen L. Mohr Construction — owner Same as above None 1997 01/07/98 on SEC Form 01/96 PA Game Commission None Mohr's Widow- Maker, Stephen L. Mohr Construction Mohr's Widow- Maker; S.L. Mohr Construction — owner Same None 1996 04/09/97 on SEC Form 01/96 PA Game Commissioner, Conoy Township Supervisor Union National Bank, 9% Conoy Township, Mohr's Widow- Maker, Stephen L. Mohr Construction Mohr's Widow- Maker; S.L. Mohr Construction — owner None 2002 03/07/03 on SEC Form 1/03 Game Commissioner, Supervisor /Candidate Self- employed farmer, Mohr's Widow -Maker Hunting Products Union National Bank, Ford Motor Credit, MBNA Conoy Township, rental properties 20 N. 2nd Street, Bainbridge; 211 S. 2 Street, Bainbridge; 142 Wickersham Road, Bainbridge; 144 Race Street, Bainbridge Mohr's Widow- Maker, owner; farming owner; rental properties, owner Mohr's Widow- Maker, farming, rental properties Mohr 02- 050 -C2 Page 15 All Other Financial Interests: b. Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: Financial Int. in any Legal Business: All Other Financial Interests: c. Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: Financial Int. in any Legal Business: All Other Financial Interests: d. Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: Financial Int. in any Legal Business: All Other Financial Interests: e. Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: Financial Int. in any Legal Business: All Other Financial Interests: f. Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: None 2001 05/02/02 on SEC Form 1/02 Conoy Township Supervisor, PA Game Commissioner Union National Bank, variable rate Conoy Township, self - employed business, farming, Mohr's Widow Maker Mohr's Widow- Maker, owner Mohr's Widow -Maker None 2000 04/12/01 on SEC Form 1/01 Township Supervisor, Game Commissioner Union National Bank, Ford Credit Conoy Township, business and rental income Mohr's Widow- Maker, Stephen L. Mohr Construction Same as above None 1999 04/10/00 on SEC Form 1/00 Township Supervisor, Game Commissioner Union National Bank Conoy Township, business and rental income Mohr's Widow- Maker, Stephen L. Mohr Construction Same as above None 1998 03/08/99 on SEC Form 1/99 Township Supervisor, Game Commissioner Union National Bank Conoy Township, business and rental income Mohr's Widow- Maker, Stephen L. Mohr Construction Same as above None 1997 (1998 listed) 05/14/98 on SEC Form 1/97 Township Supervisor Union National Bank Conoy Township, Mohr's Widow -Maker Mohr 02- 050 -C2 Page 16 Office, Directorship or Emp. in any Business: Financial Int. in any Legal Business: All Other Financial Interests: g. Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: All Other Financial Interests: h. Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: Office, Directorship or Emp. in any Business: Financial Int. in any Legal Business: All Other Financial Interests: *04/12/50 is Mohr's birthdate 41. Stephen L. Mohr received direct and /or indirect sources of income from Conoy Township, Stephen Mohr Rental Properties, Stephen Mohr Construction, Island Exotic Hunts and Stephen Mohr Farming during calendar years 1998 through 2002. 42. Stephen L. Mohr annually received income in excess of $1,300 from Conoy Township, between 1998 and 2002. a. This income was required to be reported on SFIs filed by Mohr. 43. Business records of Stephen L. Mohr /Mary Ann Mohr Rental Properties confirm rental income in excess of $1,300.00 from the following tenants since 1998. a. Calendar Year: 1998 Wickersham Road 20 N. Second Street 211 S. Second Street b. Calendar Year: 1999 Wickersham Road 20 N. Second Street 211 S. Second Street Lures, Mohr's Contracting, construction Mohr's Widow- Maker, Mohr's Construction, owner Same as above None 1996 05/01/97 on SEC Form 1/97 Township Supervisor Union National Bank Conoy Township, Stephen L. Mohr Construction, Mohr's Widow Maker None Not Listed 04/12/50* on SEC Form 1/96 Township Supervisor None Stephen L. Mohr Construction, Mohr's Widow- Maker, Conoy Township Same as above, owner Same None Lisa Martin Ed Sprengle Rick Anderson Victor Eisenhauer Tony Heisey Lisa Martin Ed Sprengle Rick Anderson Allen McGuigan Ryan O'Neal Scott Garner c. Calendar Year: 2000 Wickersham Road Lisa Martin Mohr 02- 050 -C2 Page 17 20 N. Second Street 211 S. Second Street d. Calendar Year: 2001 Wickersham Road 20 N. Second Street 211 S. Second Street e. Calendar Year: 2002 Wickersham Road 144 Race Street 20 N. Second Street 211 S. Second Street Marianne Gagliano Rick Wood Allen McGuigan Daniel Rios Scott Garner Lisa Martin Marianne Gagliano Marian Showalter Allen McGuigan Daniel Rios Scott Garner Lisa Martin Roger Ouimet Marianne Showalter Cheryl Blevins Kitzy Worch Kim Wallace 44. Stephen L. Mohr annually realized income in excess of $1,300.00 as a self - employed farmer during calendar years 2000 through 2002. a. Mohr farmed in association with Steve Zook splitting the yield. b. Mohr and Zook farmed property owned by Mohr at 723 Stackstown Road, Bainbridge, PA. 45. Stephen L. Mohr reports gross income from farming in excess of $1,300.00 on federal income tax filings for calendar years 2000, 2001 and 2002. a. Mohr reports gross income from farming of $53,000 during calendar year 2000. b. Mohr reports gross income from farming of $34,300 during calendar year 2001. c. Mohr reports gross income from farming of $97,444.31 during calendar year 2002. 46. Mohr does separate income generated by Island Exotic Hunts from other farming revenue on income tax filings. 47. On or about November 25, 1997, Stephen L. Mohr and Mary Ann Mohr received a payment in the amount of $18,485.67 from 700 N. Duke Abstract, Inc., check no. 24952. a. Fourteen thousand ($14,000.00) of this amount was deposited into the Mohr's joint savings account number 3002009264 at Union National Community Bank on November 28, 1997. b. This payment was proceeds from a property sale. c. This was a reportable source of income in excess of $1,300 on Statements of Financial Interests filed by Mohr for calendar year 1997. d. Mohr did not report this income on any SFI filed for calendar year 1997. Mohr 02- 050 -C2 Page 18 48. Stephen Mohr did not disclose all sources of income in excess of $1,300 on SFIs filed in his official capacity as PA Game Commissioner for calendar years 1997 through 2001. a. On Mohr's calendar year 1997 filing he failed to list income from Conoy Township, 700 N. Duke Abstract Inc., rental properties, and Island Exotic Hunts. b. On Mohr's calendar year 1998 filing he failed to list income from all rental properties, Mohr's Widow- Maker, Island Exotic Hunts and Stephen Mohr Construction. c. On Mohr's calendar year 1999 filing he failed to list income from all rental properties, Mohr's Widow -Maker and Island Exotic Hunts. d. On Mohr's calendar year 2000 filing he failed to list income from all rental properties, Mohr's Widow- Maker, Stephen Mohr Construction, Island Exotic Hunts and Stephen Mohr Farming. e. On Mohr's calendar year 2001 filing he failed to list income from rental properties and Island Exotic Hunts. 49. Stephen Mohr did not disclose all sources of income in excess of $1,300 on SFIs filed in his official capacity as a Conoy Township Supervisor for calendar years 1997 through 2001. a. On Mohr's calendar year 1997 filing he failed to list income from Island Exotic Hunts, rental properties and 700 N. Duke Abstract Inc. b. On Mohr's calendar year 1998 filing he failed to list income from all rental properties, Mohr's Widow -Maker and Island Exotic Hunts. c. On Mohr's calendar year 1999 filing he failed to list income from Mohr's Widow - Maker, Stephen Mohr Construction, all rental properties, Island Exotic Hunts and Federated Insurance Company. d. On Mohr's calendar year 2000 filing he failed to list income from all rental properties, Mohr's Widow- Maker, Island Exotic Hunts, Stephen Mohr Farming. e. On Mohr's calendar year 2001 filing he did not list income from Island Exotic Hunts, rental properties and Stephen Mohr Construction. 50. Mohr did not disclose his office, directorship or employment and financial interest in Island Exotic Hunts on any Statements of Financial Interests filed for calendar years 1997 through 2001. a. This encompasses filings with both Conoy Township and the PA Game Commission. 51. Mohr did [sic] disclose his office, directorship or employment and financial interest in Steven Mohr Construction and Stephen Mohr Farming on any SFI filed for calendar year 2001. a. This encompasses filings with both Conoy Township and the PA Game Commission. b. Mohr includes income from both on his 2001 federal income tax return. Mohr 02- 050 -C2 Page 19 52. Mohr did not list Island Exotic Hunts on Statements of Financial Interests as he comingled[sic] this interest with his farming interests. 53. As a member of the PA Game Commission Mohr was annually required to complete Governor's Code of Conduct forms. a. Governor's Code of Conduct forms are filed in addition to Statements of Financial Interests forms. b. Governor's Code of Conduct forms require financial disclosures on personal economic interests, business interests, liabilities, employment, real property interests, severance payments and gifts. 54. Governor's Code of Conduct forms completed by Mohr included the following disclosures. Information relates to the prior calendar year. a. Year 1998 Filed: Personal Economic Interests: Business Interests: Liabilities: Employment: Real Property Interests: Severance Payments: Gifts: b. Year 1999 Filed: Personal Economic Interests: Business Interests: Liabilities: Employment: Real Property Interests: Severance Payments: Gifts: c. Year 2000 Filed: Personal Economic Interests: Business Interests: Liabilities: Employment: Real Property Interests: Severance Payments: 01/26/98 Merrill Lynch, stocks N/A N/A Mohr's Widow- Maker, Self -owned business, gross sales $92,000 5 Front Street, Bainbridge, PA N/A N/A 04/26/99 Merrill Lynch, stocks N/A N/A Mohr's Widow - Maker, gross sales $81,000, Conoy township, $6,660.00, Mohr's Contracting, $22,000.00 20 North Second Street, Bainbridge, PA, 142 Wickersham Road, Bainbridge; 211 S. Second Street, Bainbridge, river property, Bainbridge, Stackstown Road (no address listed) N/A N/A 04/13/00 Merrill Lynch, stocks N/A N/A Mohr's Widow- Maker, gross sales $91,000, Mohr's Contracting, $2,277; Conoy Township, $7,380 142 Wickersham Road, Bainbridge; 211 S. Second Street, Bainbridge; Stackstown Road, Bainbridge (no address listed), river property, Bainbridge Mohr 02- 050 -C2 Page 20 Gifts: d. Year 2001 Filed: Personal Economic Interests: Business Interests: Liabilities: Employment: Real Property Interests: Severance Payments: Gifts: e. Year 2002 Filed: Personal Economic Interests: Business Interests: Liabilities: Employment: Real Property Interests: Severance Payments: Gifts: f. Year 2003 Filed: Personal Economic Interests: Business Interests: Liabilities: Employment: Real Property Interests: Severance Payments: Gifts: N/A 04/30/01 Merrill Lynch, stocks N/A N/A Mohr's Widow - Maker, gross sales $90,000; Conoy Township, $7,323; Mohr's Construction, $4,734. 20 N. 2" d Street, Bainbridge; 142 Wick Road, Bainbridge; 211 S. 2" Street, Bainbridge; 723 Stackstown Road, Bainbridge; river property, Bainbridge N/A N/A 05/06/02 Mohr's Widow -Maker PA Game Commissioner None Conoy Township Supervisors None None None 04/29/03 Merrill Lynch, stocks N/A N/A Mohr's Widow- Maker, farming /hunts, self owned business, Conoy Township, Gross income $139,051, business; $4,628.83, Conoy Township 20 N. 2 " Street, Bainbridge; 142 Wick Road, Bainbridge; 211 S. 2" Street, Bainbridge; 723 Stackstown Road, Bainbridge; river property, Bainbridge N/A N/A 55. Mohr failed to disclose Island Exotic Hunts on any Governor's Code of Conduct form filed. a. Mohr lists farming /hunts on his 2003 filing covering calendar year 2002 but did not distinguish Island Exotic Hunts. III. DISCUSSION: At all times relevant to this matter, the Respondent, Stephen Mohr, hereinafter Mohr, has been a public official subject to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et seq., as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act." Mohr 02- 050 -C2 Page 21 The allegations are that Mohr, as a Commissioner for the Pennsylvania Game Commission (PGC), violated Sections 3(a)/1103(a) and 5(b)(5)/1105(b)(5) of the Ethics Act when he participated in PGC matters regarding regulations which would affect his private businesses, Island Exotic Hunts and Mohr's Widow- Maker; when he failed to list on Statements of Financial Interests (SFI's) filed for the 1997 through 2001 calendar years all sources of income in excess of $1,300 annually; office, directorship or employment and financial interests in Island Exotic Hunts; and his office, directorship or employment or financial interests in Stephen Mohr Construction for the 2001 calendar year. Pursuant to Section 3(a)/1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows: Section 2/1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public f of ce or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 P.S. § 402/65 Pa.C.S. § 1102. Section 3(a)/1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. § 1105. Statement of financial interests (b) Required information. - -The statement shall include the following information for the prior calendar year with regard to the person required to file the statement: * ** (5) The name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics or common law privileges. * ** (8) Any office, directorship or employment of any nature whatsoever in any business entity. Mohr 02- 050 -C2 Page 22 65 P.S. § 502/65 Pa.C.S. § 1105. Section 5(b)(5),(8)/1105(b)(5),(8) of the Ethics Act requires that every public official /public employee and candidate list the name and address of any direct or indirect source of income totaling in the aggregate of excess of $1,300 and any office, directorship or employment in any business entity. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are reproduced above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Mohr has served as a Commissioner with the PGC since December 1997 and as a Conoy Township (Township) Supervisor in Lancaster County since 1986. In a private capacity, Mohr has various outside business interests: rental properties, farming, Township employment assisting on roadwork, animal hunt operator, and the sales of hunting accessories through Mohr's Widow- Maker, in which Mohr and his wife Maryann are principals. Mohr has also operated Island Exotic Hunts since 1985 where he provides hunting for various species of game on his farm. Mohr also operated Stephen Mohr Masonry and Stephen Mohr Construction until approximately 1997. Mohr's businesses were not incorporated or registered as fictitious names. Since at least 1999, PGC has reviewed its regulations for the purposes of updating and making changes relative to animal gaming activities such as hunting exotic animals, the sale of inedible animal parts and the possession of foxes specifically for the collection of scents (urine). Such PGC matters would impact upon Mohr's private business interests including Island Exotic Hunts and Mohr's Widow- Maker. When the PGC meets, public meetings are recorded but no minutes are generated for meetings with staff or for the public comment sessions. The Commissioners have committee assignments and supervisory responsibility over the staff who have enforcement powers. Since 1985, Mohr has been a licensed propagator of deer, turkey, pheasant, fox, elk, quail and bobcat in the Commonwealth which allows him to raise and sell animals native to Pennsylvania, except for foxes which can only be sold to other propagators. Currently in Pennsylvania, there are 690 individuals licensed by the PGC to be propagators of deer and elk but only 33 for foxes. Mohr has a license which encompasses both groups. Such propagators are permitted to raise, maintain, and sell an unlimited number of animals that they are licensed to propagate. PGC staff has enforcement power over PGC licenses issued to propagators like Mohr. Mohr, as a PGC Commissioner, participated in the review, discussion, and official action as to regulatory changes. See, Fact Finding 19. At a June 21, 2001, meeting, the PGC considered imposing restrictions on housing exotic wildlife in residential neighborhoods. PGC staff went on record that residential neighborhoods were not appropriate places for housing exotic wildlife and proposed changes as to new permits. At that meeting, Mohr expressed his opposition stating that it was not the PGC's responsibility to intrude into municipalities and dictate locations where individuals could keep exotic animals and hence the PGC should stay away from the issue. Thereafter, a motion for any changes was defeated by a 2 -4 vote with no listing as to how PGC Commissioners voted. Any regulatory action relating to housing of exotic animals would not impact Island Exotic Hunts because none of the animals offered for hunting through Island Exotic Hunts is considered exotic. At a PGC meeting on April 9, 2002, PGC Commissioners considered proposed amendments relating to protected animals whereby it would be unlawful to hunt or take protected animals or exotic animals, excluding hunting and trapping of game and fur bearers. The executive director of the PGC and staff recommended the approval of the proposal. Mohr 02- 050 -C2 Page 23 However, when the matter came up for an approval vote, Mohr proposed an amendment to the motion to defer the entire section to a committee. Mohr's motion passed. If the original motion to adopt the changes had passed, it would have prohibited the taking of all types of animals offered for hunts by Island Exotic Hunts. In this regard, Mohr had approached Commission law enforcement employees about the proposed regulations and how the regulations could impact him and other small, private hunt operators. In 2001, PGC considered actions to limit the number of foxes that could be maintained. At that meeting, Mohr vocally opposed any such restrictions. Mohr did not inform the board or the public that such restrictions would limit the number of foxes permitted to be held which in turn could negatively affect businesses, like Mohr's Widow- Maker. At a June 12, 2001, PGC meeting, Mohr made a motion to amend a recommendation so that no number would be placed on how many foxes could be kept. Mohr's amendment failed on a 2 -5 margin with Mohr participating in the vote. There was no record as to how respective commissioners voted on the issue. At an October 2, 2001, PGC meeting, the Commission considered the recommendations of its executive director and staff relating to the possession of live wildlife as approved at a June 12, 2001, meeting. Mohr made a motion to table action which failed. Thereafter, the Commission voted 5 -2 to accept a compromise on the foxes issue with Mohr and another Commissioner opposed. Such restrictions on the number of foxes to be maintained could affect the supply and demand relative to Mohr's Widow -Maker business. Mohr's involvement with Island Exotic Hunts and the release of domestic animals on a Susquehanna River island was reviewed by the staff of PGC. The executive director of the PGC in a letter of April 8, 1997, noted that Mohr and 24 other individuals owned a particular island, a majority of the individuals enjoyed hunting there and no observations indicated that Mohr might be in violation of Commonwealth laws. The Chief Counsel of the PGC suggested to Mohr that he obtain an advisory from this Commission, after Mohr advised him that PGC actions were interfering with his private Mohr's Widow -Maker business. However, Mohr did not make any such request to this Commission. Separate and apart from the above, Mohr has completed SFI's as a member of the PGC and Conoy Township Board of Supervisors. In his capacity as a Commissioner for the PGC, the SFI's that Mohr filed for the calendar years 1996 through and including 2002 are delineated in Fact Finding 38. Similarly, as a Conoy Township Supervisor, Mohr filed SFI's with the Township for the calendar years 1996 through and including 2002 as well as for one unspecified year (apparently calendar year 1995). See, Fact Finding 40. As to the financial interests of Mohr, he received income in excess of the reporting threshold for the calendar years 1998 through 2002 from the following sources: Conoy Township, Stephen Mohr Rental Properties, Stephen Mohr Construction, Island Exotic Hunts, and Stephen Mohr Farming. In addition, in November 1997 Mohr received payment for the sale of property which exceeded the reporting threshold but Mohr did not report that source of income on his 1997 calendar year SFI. Mohr did not disclose all sources of income in excess of the threshold amount on his SFI's filed with the PGC for the calendar years 1997 through 2001. In particular, Mohr failed to list income from Conoy Township 700 North Duke, Abstract Inc., rental properties, and Island Exotic Hunts on his 1997 SFI; failed to list income from all rental properties, Mohr's Widow- Maker, Island Exotic Hunts, and Stephen Mohr Construction on his 1998 calendar year SFI; failed to list income from all rental properties, Mohr's Widow- Maker, and Island Exotic Hunts on his 1999 calendar year SFI; failed to list income from all rental properties, Mohr's Widow- Maker, Stephen Mohr Construction; Island Exotic Hunts, and Stephen Mohr Farming on his 2000 calendar year SFI; and failed to list income from rental properties and Island Exotic Hunts on his 2001 calendar year SFI. Mohr 02- 050 -C2 Page 24 Regarding the SFI's that Mohr filed with Conoy Township as a Supervisor, he failed to list income from Island Exotic Hunts, rental properties, 700 North Duke, Abstract Inc., on his 1997 calendar year SFI; failed to list income from all rental properties, Mohr's Widow- Maker, and Island Exotic Hunts on his 1998 calendar year SFI; failed to list income from Mohr's Widow- Maker, Stephen Mohr Construction, rental properties, Island Exotic Hunts, and Federal Insurance Company on his 1999 calendar year SFI; failed to list income from rental properties, Mohr's Widow- Maker, Island Exotic Hunts, and Stephen Mohr Farming on his 2000 calendar year SFI; and failed to list income from Island Exotic Hunts, rental properties, and Stephen Mohr Construction on his 2001 calendar year SFI. In addition to the above, Mohr failed to disclose his office, directorship or employment and financial interest in Island Exotic Hunts on his SFI's for calendar years 1997 through 2001, both as to his filings with Conoy Township and PGC. Mohr also failed to disclose his office, directorship or employment and financial interest in Stephen Mohr Construction and Stephen Mohr Farming on his 2001 calendar year SFI. Although Mohr did not list Island Exotic Hunts on his SFI's, he combined such interests with his farming interests. Lastly, as a member of the PGC, Mohr was also required to complete and file the Governor's Code of Conduct forms. However, Mohr had certain deficiencies as to those filings. See, Fact Findings 53 -55. 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. The Consent Agreement proposes that this Commission find no violation of Section 3(a)/ 1103(a) as to Respondent's participation in PGC actions because the class /subclass exclusion applies; a violation of Section 5 (b)(5)/1105(b)(5) as to Mohr's failure to disclose income in excess of $1,300 from Duke Abstract in the calendar year 1997; Island Exotic Hunts in the calendar years 1997, 1998, 1999, 2000, 2001; Mohr's Widow -Maker in the calendar years 1998, 1999, 2000; Rental Properties in the calendar years 1998, 1999, 2000 and 2001; Stephen Mohr Farming in the calendar year 2000. In addition, Mohr agrees to pay $500.00 in settlement of the matter to the Commonwealth of Pennsylvania and forwarded through this Commission within thirty (30) days of the issuance of the final adjudication in this matter. In applying the stipulated facts to Section 3(a)/1103 (a) of the Ethics Act, there were uses of authority of office on the part of Mohr regarding PGC matters that would affect or impact his private business interests. See, Juliante, Order 809. Both in his interaction with staff as well as his conduct as a PGC Commissioner, Mohr opposed and took actions to block various regulations or other measures of the PGC that would negatively impact upon his private business interests. But for the fact that Mohr is a PGC Commissioner, he would not have been in a position to take such actions. Further, such actions resulted in private pecuniary benefits to Mohr /his businesses in that by opposing or blocking actions, he sought to eliminate a negative impact upon his business interests. Thus, Mohr sought to ensure that there would not be a lessening of profits to such businesses. This Commission has held that a use of authority of office to lessen or eliminate a negative financial impact constitutes a private pecuniary benefit. See, Heineman, Order 1258. Lastly, the private pecuniary benefits inured to Mohr individually and the businesses with which he is associated. Accordingly, Mohr's actions as a PGC Commissioner constitute the necessary elements for violations of Section 3(a)/1103(a) of the Ethics Act. However, there are two exceptions to the statutory definition of conflict: the de minimis exclusion which is not applicable and the actions that effect a class /subclass consisting of a group, occupation, or profession provided that there is more than one member in the class /subclass and provided that such members are affected to the same degree. See, Kablack, Opinion 02 -003. Mohr 02- 050 -C2 Page 25 In this case, the actions that Mohr took which blocked possible action that would negatively impact upon his businesses, would affect other individuals who had similar type businesses. Such individuals constitute a class /subclass that comprise more than one person. In this regard, Mohr is one of 690 individuals licensed by the PGC to be a propagator of deer and elk and is also one of the 33 licensed propagators as to foxes. See, Fact Finding 17. Similarly as to the hunting island on the Susquehanna River, Mohr is one of 25 individuals who own the island in question. See, Fact Finding 34. Similarly, it would appear that these individuals would be affected to the same degree. Accordingly, we find that Mohr did not violate Section 3(a)/1103(a) of the Ethics Act regarding his participation in actions of the PGC to block or oppose matters that would negatively impact upon his private business interests in that such actions also affected a class /subclass of similarly situate individuals /businesses that was affected to the same degree. Hence, there is no Section 3(a)/1103(a) violation of the Ethics Act because of the statutory exclusion of conflict. However, we must remind Mohr that he is a public official and that his conduct must in the future comport with both the spirit and letter of the Ethics Act. Mohr has failed to uphold the public trust as to such past actions noted above. We caution Mohr that in the future he must be extremely careful in his conduct at the PGC as to his conflicts between performing his public duty and the conflicts as to his private business interests. In this regard, we noted in Crisci, Opinion 89 -013, that whenever the private business interest of a public official conflicts with his public duty, the public interest must always be paramount and supersede the private business interest. Turning to the SFI allegations, the stipulated findings reflect that Mohr failed to disclose sources of income that met the reporting threshold as follows: Duke Abstract for the SFI calendar ear 1997; Island Exotic Hunts for SFI calendar years 1997 through 2001; Mohr's Widow -Maker for SFI calendar years 1998 through 2000; rental properties for the SFI calendar years 1998 through 2001; and Stephen Mohr Farming for the SFI calendar ear 2000. Accordingly, Mohr violated Section 5(b)(5)/1105(b)(5) of the Ethics Act when he failed to disclose sources of income as to Duke Abstract for the SFI calendar year 1997; Island Exotic Hunts for SFI calendar years 1997 through 2001; Mohr's Widow -Maker for SFI calendar years 1998 through 2000; rental properties for the SFI calendar years 1998 through 2001; and Stephen Mohr Farming for the SFI calendar year 2000. As to the last two allegations regarding the failure by Mohr to report his business interest in Island Exotic Hunts and Stephen Mohr Construction for the 2001 calendar year SFI, it appears that the Investigative Division has exercised its discretion as part of the Consent Agreement not to pursue these two particular allegations. Accordingly, Mohr did not violate Section 5(b)(8)/1105(b)(8) of the Ethics Act as to the failure to list his office, directorship, employment or financial interest in Island Exotic Hunts and Stephen Mohr Construction for the 2001 calendar year SFI, based upon a non pros by the Investigative Division. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. If Mohr has not already done so, he is directed within 30 days of the date of mailing of this Order to file amended SFI's for the calendar years 1997 through 2000, correcting the deficiencies noted above with copies sent to this Commission for compliance verification purposes. In addition, Mohr is directed to make payment of $500.00 through this Commission to the Commonwealth of Pennsylvania within 30 days of the date of mailing of this Order. Compliance with both the filing of any amended SFI's and the payment of $500.00 will result in the closing of this case with no further action. Failure to comply will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: Mohr 02- 050 -C2 Page 26 1. Stephen L. Mohr, as a Commissioner for the Pennsylvania Game Commission, is a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Mohr did not violate Section 3(a)/1103(a) of the Ethics Act regarding his participation in actions of the PGC to block or oppose matters that would negatively impact upon his private business interests in that such actions affected a class /subclass of similarly situate individuals /businesses that were affected to the same degree so as to fall within the statutory exclusion of conflict. 3. Mohr violated Section 5(b)(5)/1105(b)(5) of the Ethics Act when he failed to disclose Duke Abstract for the SFI calendar year 1997; Island Exotic Hunts for SFI calendar years 1997 through 2001; Mohr's Widow -Maker for SFI calendar years 1998 through 2000; rental properties for the SFI calendar years 1998 through 2001; and Stephen Mohr Farming for the SFI calendar year 2000. In Re: Stephen L. Mohr ORDER NO. 1293 File Docket: 02- 050 -C2 Date Decided: 9/15/03 Date Mailed: 9/29/03 1. Stephen L. Mohr, as a Commissioner for the Pennsylvania Game Commission, did not violate Section 3(a)/1103(a) of the Ethics Act regarding his participation in actions of the PGC to block or oppose matters that would negatively impact upon his private business interests in that such actions affected a class /subclass of similarly situate individuals /businesses that were affected to the same degree so as to fall within the statutory exclusion of conflict. 2. Mohr violated Section 5(b)(5)/1105(b )(5) of the Ethics Act when he failed to disclose Duke Abstract for the Statement of Financial Interests calendar year 1997; Island Exotic Hunts for Statement of Financial Interests calendar years 1997 through 2001; Mohr's Widow -Maker for Statement of Financial Interests calendar years 1998 through 2000; rental properties for the Statement of Financial Interests calendar years 1998 through 2001; and Stephen Mohr Farming for the Statement of Financial Interests calendar year 2000. 3. If Mohr has not already done so, he is directed within 30 days of the date of mailing of this Order to file amended Statements of Financial Interests for the calendar years 1997 through 2000, correcting the deficiencies noted above. 4. Per the Consent Agreement of the parties, Mohr is directed to make payment of $500.00 to the Commonwealth of Pennsylvania through this Commission within 30- days of the issuance of this Order. 5. Compliance with paragraphs 3 and 4 above will result in the closing of this case with no further action. Failure to comply however will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair