HomeMy WebLinkAbout1296 YoheIn Re: Jason Yohe
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
03 -018
Order No. 1296
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 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Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11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.
Yohe 03 -018
Page 2
I. ALLEGATION:
That Jason Yohe, a (public official /public employee) in his capacity as a supervisor for
Jackson Township, York County, violated Sections 1104(a), 11 04(b) (1) 2) (3) and
1105(b)(4)(5)(8) provisions of the State Eth Act (Act 93 of 1998), 65 Pa.C.S. T § 104(a),
1104(b)((1))((2)(3) and 11 05 b 4 5 8 when he failed to file Statements of Financia Interests
for the 1 and 2000 calendar years by May 1 of each following year respectively; and when
he subsequently backdated Statements of Financial Interests for those years, creating the
impression that the forms were timely filed; and when he failed to disclose on backdated
Statements of Financial Interests for the 1999 and 2000 calendar years creditors in excess of
$6,500, a family farm as a source of income in excess of $1,300, and his ownership and /or
directorship in the Yohe family farm.
II. FINDINGS:
1. Jason Yohe has served as a Jackson Township, York County Supervisor since
approximately January 1998.
a. Yohe has been appointed roadmaster for the township and serves in this
capacity on a part -time basis.
2. The Jackson Township Board of Supervisors, a three member board, has supervisory
responsibility over the position of township manager.
a. Karl McCleary has served as the township manager for Jackson Township,
York County, since approximately 1997.
b. As manager, McCleary is a full -time township employee and reports to the
board of supervisors.
3. Statements of Financial Interests for Jackson Township Officials are maintained by
Manager McCleary at the Jackson Township Municipal Building.
a. Statements of Financial Interests for Jackson Township are maintained in a
locked file cabinet in the township building.
b. Jackson Township file cabinets are not located in a public area of the township
building.
c. Current township officials are the only persons with access to township files
including Statements of Financial Interests.
4. Statements of Financial Interests forms were annually mailed to Jackson Township by
the Administrative Division of the State Ethics Commission.
a. In 1999 blank forms were mass mailed to all Commonwealth municipalities on
February 9, 1999.
1. These forms contained the State Ethics Commission form identification
of SEC -1, Rev. 1/99.
b. The 2000 forms SEC -1, Rev. 1/00 were bulk mailed on January 21, 2000.
c. The 2001 forms SEC -1, Rev. 1/01 were bulk mailed on December 29, 2000.
d. The 2002 form SEC -1, Rev. 1/02 were bulk mailed on December 14, 2001.
Yohe 03 -018
Page 3
e. The 2003 forms SEC -1, Rev. 1/03 were bulk mailed on December 18, 2002.
5. The Pennsylvania State Ethics Commission contracts the printing of Statements of
Financial Interests annually.
a. From 1999 though 2003 the State Ethics Commission contracted with
Vanguard Printing and Digital Ink Printing Co. respectively.
b. Orders for forms are placed with the printers in December of the preceding year.
c. Forms are received by the Administrative Division of the State Ethics
Commission in early to mid January of the filing year.
d. Forms are then bulk mailed to each municipality in the Commonwealth of
Pennsylvania.
6. Each year when forms are printed an identification date is listed in the upper left hand
corner of the form.
a. Forms printed in 1999 contain an identification date of SEC -1 1/99, while forms
printed in 2000, 2001, 2002 and 2003 contained identification dates of SEC -1,
1/00, SEC -1, 1/01, SEC -1, 1/02 , and SEC -1, 1 -03, respectively.
7. Since at least 1999 McCleary has annually received blank Statements of Financial
Interests form from the State Ethics Commission at the township.
a. McCleary confirmed to an investigator of the State Ethics Commission annually
receiving blank SFI forms.
b. McCleary indicated that he did not always distribute the forms to township
officials.
8. McCleary did not utilize any formal process for the completion of financial interests for
himself or other township officials.
a. McCleary did not maintain any records relating to township officials who filed
completed SFI forms or the date filed.
b. Jackson Township does not date or time stamp SFIs filed by officials and
employees.
9. Yohe in his official capacity as Jackson Township Supervisor was annually required to
file a Statement of Financial Interests form by May 1s' with information pertaining to the
prior calendar year.
10. Yohe failed to file Statements of Financial Interest forms for the 1999, 2000 and 2001
calendar years by May 1, 2000, May 1, 2001, and May 1, 2002, respectively.
a. Yohe continued to serve as a Jackson Township Supervisor during these
years.
11. In or about January 2003 McCleary received a verbal request from a township resident
to review various township records including Statements of Financial Interest forms.
a. McCleary researched township files to find records to comply with the request.
12. McCleary realized that Statements of Financial Interests forms were not on file for
Yohe 03 -018
Page 4
township officials including Supervisor Jason Yohe.
a. Yohe did not have SFIs on file for calendar years 1999, 2000 or 2001.
b. McCleary contacted Yohe and directed him to complete the missing forms.
13. Between January 2003 and February 21, 2003, Yohe completed Statement of
Financial Interests forms for calendar years 1999, 2000 and 2001.
14. On February 21, 2003, a Statement of Financial Compliance Review was conducted in
Jackson Township, York County, by an investigator of the State Ethics Commission.
a. The compliance review covered SFI filings for calendar years 1999, 2000 and
2001.
b. McCleary provided all SFIs on file with the township for review by the Ethics
Commission on February 21, 2003.
15. During the compliance review the filings made by Yohe for calendar years 1999, 2000
and 2001 were found.
a. All three filings were on SFI forms with a revision date of SEC -1, Rev. 1/02.
b. SFI forms with a revision date of SEC -1, 01/02 were not mailed to municipalities
until December 14, 2001.
c. Yohe signed each form but left the date blank.
d. Above the signature line on all blank SFI forms is the following statement: "The
undersigned hereby affirms that the foregoing information is true and correct to
the best of said person's knowledge, information and belief; said affirmation
being made subject to the penalties prescribed by 18 Pa.C.S.A. §4940
E (Unsworn Falsification to Authorities) and the Public Official and Employee
thics Act, 65 Pa.C.S. §1109(b)."
16. Statements of Financial Interest forms on file with Jackson Township, York County,
included the following filings for Yohe as of February 21, 2003:
a. Calendar Year:
Filed:
Position:
Occupation:
Creditors:
Direct /Indirect Income:
Office, Directorship or
Emp. in any Business:
Financial Interests in any
Business:
All Other Financial Interests:
b. Calendar Year:
Filed:
Position:
Occupation:
Creditors:
Direct /Indirect Income:
Office, Directorship or
1999
Undated on SEC From Rev. 1/02
Supervisor
Self- employed contractor, farmer
None
Yohe Paving, owner
Yohe Paving
Yohe Paving, 50%
None
2000
Undated on SEC From Rev. 1/02
Supervisor
Self- employed contractor farmer
None
Yohe Paving, Inc.
Yohe 03 -018
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Emp. in any Business:
Financial Interests in any
Business:
All Other Financial Interests:
c. Calendar Year:
Filed:
Position:
Occupation:
Creditors:
Direct /Indirect Income:
Office, Directorship or
Emp. in any Business:
Financial Interests in any
Business:
All Other Financial Interests:
17. Yohe admitted to a State Ethics Commission investigator that the three SFIs were filed
between January 2003 and February 21, 2003.
a. Yohe intentionally left the date blank on each filing so as not to backdate the
forms.
b. Yohe admitted that his filing for calendar ear 2001 was not filed by May 1,
2002 even though it was filed on an SFI form with a revision date of SEC -1,
Rev. 1/02.
1. This form was not filed until January or February 2003.
c. Yohe further admitted that all three filings were deficient with disclosures
relating to sources of income, creditors and business interests.
18. Yohe filed amended Statements of Financial Interests forms for calendar years 1999
through 2001 on May 7, 2003, as follows:
a. Calendar Year:
Filed:
Position:
Creditors:
Direct /Indirect Income:
Office, Directorship or Emp.
in any Business:
Financial Interests in any
Bus for Profit:
All Other Financial Interests:
b. Calendar Year:
Filed:
Position:
Creditors:
Yohe Paving, Inc. - President
Yohe Paving, Inc., 50%
None
2001
Undated on SEC From Rev. 1/02
Supervisor
Self- employed contractor farmer
None
Yohe Paving, Inc.
Yohe Paving, Inc. — President
Yohe Paving, Inc., 50%
None
1999
05/04/03 on SEC Form 1/02 (amended)
Supervisors
AG Choice Farm Credit, 8.8 %, 9.15 %,
8.25 %; Bank of Hanover, 9.75 %, 9.5%
Jason W. Yohe & Sons, Jason Yohe
Paving, Jackson Township
Jason Yohe & Sons (owner), Jason Yohe
Paving (owner), Jackson Township
(roadmaster)
Jason Yohe & Sons (50 %), Jason Yohe
Paving (50 %)
None
2000
05/04/03 on SEC Form 1/02 (amended)
Supervisors
AG Choice Farm Credit, 4.75 %, 9.15 %,
8.25 %, Bank of Hanover, 9.75 %, 9.99 %,
Case Credit, 3.9 %, 2.9%
Yohe 03 -018
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Direct /Indirect Income:
Office, Directorship or Emp.
in any Business:
Financial Interests in any
Bus for Profit:
All Other Financial Interests:
c. Calendar Year:
Filed:
Position:
Creditors:
Direct /Indirect Income:
Office, Directorship or Emp.
in any Business:
Financial Interests in any
Bus for Profit:
All Other Financial Interests:
Jason W. Yohe & Sons, Jason Yohe
Paving, Jackson Township
Jason Yohe & Sons (owner), Jason Yohe
Paving (owner), Jackson Township
(roadmaster)
Jason Yohe & Sons (50 %), Jason Yohe
Paving (50 %)
None
2001
05/04/03 on SEC Form 1/02 (amended)
Supervisors
AG Choice Farm Credit, 4.75 %, 9.15 %,
8.25 %; Bank of Hanover, 9.75 %, 9.99 %,
Case Credit, 3.9 %, 2.9%
Jason W. Yohe & Sons, Jason Yohe
Paving, Jackson Township
Jason Yohe & Sons (owner), Jason Yohe
Paving (owner), Jackson Township
(roadmaster)
Jason Yohe & Sons (50 %), Jason Yohe
Paving (50 %)
None
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Jason Yohe, hereinafter Yohe, has
been a public official subject to the provisions of the Public Official and Employee Ethics Law,
Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et seq., as codified by the Public Official and
Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., which Acts are
referred to herein as the "Ethics Act."
The allegations are that Yohe, as a Supervisor of Jackson Township (Township),
violated Sections 1104(a), 1104(b)(1)(2)(3) and 1105(b)(4)(5)(8) of the Ethics Act when he
failed to file Statements of Financial Interests (SFI's) for the 1999 and 2000 calendar years by
May 1 of each following year respectively; subsequently backdated SFI's for those years,
creating the impression that the forms were timely filed; and failed to disclose on backdated
SFI's for the 1999 and 2000 calendar years creditors in excess of $6,500, a family farm as a
source of income in excess of $1,300, and his ownership and /or directorship in the Yohe
family farm.
Section 1104(a) of the Ethics Act requires that each public official /public employee
must file a Statement of Financial Interests for the preceding calendar year, each year that he
holds the position and the year after he leaves it.
§ 1104. Statement of financial interests required to be filed
(a) Public official or public employee. - -Each public official
of the Commonwealth shall file a statement of financial interests
for the preceding calendar year with the commission no later than
May 1 of each year that he holds such a position and of the year
after he leaves such a position. Each public employee and public
official of the Commonwealth shall file a statement of financial
Yohe 03 -018
Page 7
interests for the preceding calendar year with the department,
agency, body or bureau in which he is employed or to 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. 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. Persons who are full -time or part -time solicitors for
political subdivisions are required to file under this section.
(b) Candidate.- -
(1) Any candidate for a State -level public office shall
file a statement of financial interests for the preceding calendar
year with the commission on or before the last day for filing a
petition to appear on the ballot for election. A copy of the
statement of financial interests shall also be appended to such
petition.
(2) Any candidate for county -level or local office shall
file a statement of financial interests for the preceding calendar
year with the governing authority of the political subdivision in
which he is a candidate on or before the last day for filing a
petition to appear on the ballot for election. A copy of the
statement of financial interests shall also be appended to such
petition.
(3) No petition to appear on the ballot for election shall
be accepted by the respective State or local election officials
unless the petition has appended thereto a statement of financial
interests as set forth in paragraphs (1) and (2). Failure to file the
statement in accordance with the provisions of this chapter shall,
in addition to any other penalties provided, be a fatal defect to a
petition to appear on the ballot.
65 Pa.C.S. § 1104(a).
Section 1105(b) of the Ethics Act requires in part that every public official /public
employee and candidate list any direct or indirect source of income totaling in the aggregate of
$1,300 or more; creditors owed in excess of $6,500 and any office, directorship or
employment in any business entity.
§ 1105. Statement of financial interests
(a) Form. - -The statement of financial interests filed pursuant
to this chapter shall be on a form prescribed by the commission.
All information requested on the statement shall be provided to
the best of the knowledge, information and belief of the person
required to file and shall be signed under oath or equivalent
affirmation.
(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:
Yohe 03 -018
Page 8
* **
(4) The name and address of each creditor to whom is
owed in excess of $6,500 and the interest rate thereon. However,
loans or credit extended between members of the immediate
family and mortgages securing real property which is the principal
or secondary residence of the person filing shall not be included.
(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.
65 Pa.C.S. § 1105.
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.
Yohe has served as a Township Supervisor since 1998. As a public official, Yohe is
required to file SFI's with the Township. SFI's are maintained by the Township Manager in a
locked file cabinet in the township building.
Each year, the Administrative Division of this Commission performs a bulk mailing of
blank SFI forms to municipalities throughout the Commonwealth including the Township.
Blank SFI forms for the 1999 calendar year were mailed by this Commission to the Township
for distribution to public officials and public employees in January of 2000. Blank SFI forms
for the 2000 calendar year were mailed by this Commission in December of 2000.
The SFI forms mailed by this Commission bore different identification dates depending
upon the year of printing: 1999 forms were marked SEC -1, 1/99; 2000 forms were marked
SEC -1, 1/00; 2001 forms were marked SEC -1, 1/01; 2002 forms were marked SEC -1, 1/02;
and 2003 forms were marked SEC -1, 1/03.
Although Yohe received the blank SFI forms, he failed to timely file his SFI's for the
calendar years 1999, 2000 and 2001. When a township resident in January of 2003 sought
to review records and SFI's of Township officials, the Township Manager realized that some
SFI's were not on file for township officials, including Yohe's.
An SFI compliance review was conducted by an investigator of this Commission on
February 21, 2003, for calendar years 1999, 2000, and 2001. When the Township Manager
turned over all the SFI's on file, he included SFI's for Yohe for the three calendar years which
had no filing dates. Yohe's SFI's for all three years had a revision date of 01/02 which form
had been bulk mailed from this Commission on December 14, 2001. Thus, those particular
SFI forms were not mailed to the Township until after the May 1 filing deadlines for the
calendar years 1999 and 2000. Yohe subsequently admitted that all three SFI's were not filed
until January or February of 2003. Yohe further admitted that his SFI's were deficient as to
the disclosure of income, creditors and business interests. Yohe filed amended SFI's for the
calendar years 1999 through 2001 on May 7, 2003, correcting the above filing deficiencies.
Yohe 03 -018
Page 9
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 a violation of Section 1104(a), of
the Ethics Act when Yohe failed to file SFI's for the 1999 and 2000 calendar years by May 1,
2000, and May 1, 2001, and when he backdated the SFI's for those years. Yohe agrees to
make payment of $250 to the Commonwealth of Pennsylvania through this Commission within
thirty (30) days of the issuance of this Order.
As a public official, Yohe is required to file SFI's. Despite the legal requirement of the
Ethics Act, Yohe failed to comply with the law. The record reflects that Yohe did not timely file
for calendar years 1999, 2000, and 2001. When Yohe realized that he had not filed by the
deadlines, he then completed SFI's for the three calendar years. The printer's identification
date on the SFI form filed by Yohe for calendar years 1999 and 2000 establishes that Yohe
did not timely file his SFI's, as that particular form was neither in print nor in circulation for the
filing deadlines. For calendar years 1999, 2000, and 2001 Yohe has now amended his SFI's
reflecting the actual dates of filing. Accordingly, we find that Yohe violated Section 1104(a) of
the Ethics Act when he failed to timely file SFI's for calendar years 1999 and 2000 and
submitted undated SFI's after the filing deadlines.
As to the allegation of the filing deficiencies, it appears that the Investigative Division
has exercised its discretion not to prosecute that aspect of the case. Given the foregoing and
Yohe's filing of amended SFI's to correct the deficiencies, we will not take any action as to that
allegation.
We determine that the Consent Agreement submitted by the parties sets forth the
proper disposition for this case, based upon our review as reflected in the above analysis and
the totality of the facts and circumstances. Accordingly, Yohe is directed to make payment of
$250 payable to the Commonwealth of Pennsylvania through this Commission within 30 -days
of the issuance of this 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:
1. Jason Yohe, as a Jackson Township Supervisor, is a public official subject to the
provisions of Act 9 of 1989 as codified by Act 93 of 1998.
2. Yohe violated Section 1104(a) of the Ethics Act when he failed to timely file SFI's for
calendar years 1999 and 2000 and submitted undated SFI's after the filing deadlines.
In Re: Jason Yohe
ORDER NO. 1296
File Docket: 03 -018
Date Decided: 9/15/03
Date Mailed: 9/29/03
1. Jason Yohe, as a Jackson Township Supervisor, violated Section 1104(a) of the
Ethics Act when he failed to timely file SFI's for calendar years 1999 and 2000 and
submitted undated SFI's after the filing deadlines.
2. Per the Consent Agreement of the parties, Yohe is directed to make payment of $250
payable to the Commonwealth of Pennsylvania through this Commission within 30-
days of the issuance of this Order.
a. Compliance with the foregoing will result in the closing of this case with no
further action by this Commission.
b. Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair