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HomeMy WebLinkAbout1308 CzyzykIn Re: Edward Czyzyk 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 -021 Order No. 1308 12/17/03 12/29/03 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. The record is complete. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Czyzyk 03 -021 Page 2 I. ALLEGATION: That Edward Czyzyk, a (public official /public employee) in his capacity as a councilman for Tullytown Borough, and a member of the Lower Bucks County Joint Municipal Authority, Bucks County, violated the following provisions of the State Ethics Act (Act 93 of 1998) when he used the authority of his office for a private pecuniary gain, including but not limited to participating in discussions and actions of borough council and the Lower Bucks County Joint Municipal Authority regarding Waste Management, Inc., at a time when he was receiving gifts in excess of $500 annually from Waste Management, Inc.; and when he failed to disclose on Statements of Financial Interests filed for calendar years 1998, 1999, 2000 and 2001 gifts and /or actual value of gifts received from Penn Warner Club. Section 1103. Restricted activities. (a) Conflict of interest. - -No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. §1103(a). Section 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 Pa.C.S. §1102. Section 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. (6) The name and address of the source and the amount of any gift or gifts valued in the aggregate at $250 or more and the circumstances of each gift. This paragraph shall not apply to a gift or gifts received from a spouse, parent, parent by marriage, sibling, child, grandchild, other family member or friend when the circumstances make it clear that the motivation for the action was a personal or family relationship. However, for the purposes of this paragraph, the term "friend" shall not include a registered lobbyist or an employee of a registered lobbyist. 65 Pa.C.S. §1105(b). Czyzyk 03 -021 Page 3 II. FINDINGS: 1. The Investigative Division of the State Ethics Commission received a signed, sworn complaint alleging that Edward Czyzyk violated provisions of the State Ethics Act (Act 93 of 1998). 2. Upon review of the complaint the Investigative Division initiated a preliminary inquiry on March 17, 2003. 3. The preliminary inquiry was completed within sixty days. 4. On May 12, 2003, a letter was forwarded to Edward Czyzyk, by the Investigative Division of the State Ethics Commission informing him that a complaint against him was received by the Investigative Division and that a full investigation was being commenced. a. Said letter was forwarded by certified mail, no. 7001 1670 0005 2766 5033. b. The domestic return receipt bore the signature of Edward Czyzyk with a delivery date of May 15, 2003. 5. On October 23, 2003, a letter was forwarded to Edward Czyzyk by the Investigative Division of the State Ethics Commission advising him that the allegations contained in the May 12, 2003, notice letter was being amended. a. Said letter was sent by certified mail no. 7002 3150 0000 6075 4075. 6. Periodic notice letters were forwarded to Edward Czyzyk in accordance with the provisions of the Ethics Law advising him of the general status of the investigation. 7. The Investigative Complaint was mailed to the Respondent on November 5, 2003. 8. Edward Czyzyk has served as a member of Tullytown Borough Council since January 1996. a. Czyzyk previously served on council prior to 1993 for approximately twelve (12) years. 9. As a member of council, Edward Czyzyk has been the past president of council, and currently serves as vice president. a. Czyzyk also serves on the Finance Committee, Personnel Committee and the Fire Safety Committee. 10. Czyzyk is currently employed by the Bristol Township Sewer Authority as a street crew employee. a. Czyzyk has been employed by Bristol Township for eight (8) years. 11. The following delineates Czyzyk's salary as a council member for calendar years 1998- 2002 as codified by 1099 tax forms issued by Tullytown Borough Council. a. 1998 $2,499.96 1999 $2,499.96 2000 $2,499.96 2001 $2,499.96 2002 $1,927.08 Czyzyk 03 -021 Page 4 12. Czyzyk has served as a member of the Lower Bucks County Joint Municipal Authority (LBCJMA) since January 1994. a. Czyzyk was appointed by Tullytown Borough Council. b. The salary for sitting board members of the authority is $3,600 annually. 13. The LBCJMA is body corporate and politic incorporated by the Borough of Tullytown and the Township of Bristol on May 20, 1952, pursuant to the Municipalities Authorities Act of 1945. a. The LBCJMA is empowered to acquire, hold, construct, improve, maintain and operate, own, lease, either in the capacity of lessor or lessee, sewers, sewer systems or parts thereof, sewage treatment works, including works for treating and disposing of industrial waste, waterworks, water supply and water distribution systems. b. The Authority Board consists of six members, three appointed by Bristol Township and three appointed by Tullytown Borough. 14. Tullytown Borough hosts two (2) landfills operated by Waste Management, Inc. a. The Tullytown landfills have been in operation since 1987. b. Landfill 1 is known as Tullytown Resource Recovery. 1. The landfill has been wholly owned by Waste Management, Inc. since its inception. 2. Tullytown Resource Recovery encompasses 401.4 acres of approved landfill space. c. Landfill 2 is known as Grows Landfill. 1. The landfill has been wholly owned by Waste Management, Inc. since its inception. 2. Grows Landfill encompasses 456.6 acres of approved landfill space. 15. Waste Management, Inc.'s landfill property flanks an approximate 3,000 acre recreational facility known as the Penn Warner Club. a. Two thousand (2,000) acres of the Penn Warner Club is lake area. b. Waste Management, Inc. owns a total of 5,920 acres. 16. The Penn Warner Club had been privately owned by the Warner Corporation until 1991 when the club was sold to Waste Management, Inc. a. The Penn Warner Club has been in existence for over 30 years. b. Waste Management, Inc. retained the name of Penn Warner Club to maintain the club's popularity within the community of Bucks County. 17. The Penn Warner Club offers the following amenities for its members. Club Plan 1998 1999 2000 2001 2002 Fami Membershi. , I I.I0 nMETI] ', A 1.10 , .10 , .10 Individual /Com. Membershi. .430.00 .465.00 '.480.00 .505.00 .505.00 Individual Membershi. .340.00 .375.00 .390.00 .415.00 .415.00 Junior Membershi. .65.00 .75.00 .75.00 .75.00 .75.00 Boat /Sail b Foot .3.50 .3.50 .3.50 .3.50 .3.50 Boat /Power b Foot ,2.00 ,2.50 ,2 .50 ,2 .50 ,2 .50 Motor 125 h. EilEgajital ,1 .25 ,1 .25 ,1 .25 Moorin. Service ,100.00 ,100.00 ,100.00 ,100.00 ,100.00 Hunting Privilege .530.00 .540.00 .540.00 .640.00 .640.00 Czyzyk 03 -021 Page 5 a. Hunting Fishing Boating Camping Outdoor Hiking 18. The Penn Warner Club offers respective members full access to the club, with specific amenities, based upon a fee schedule which is listed below for years 1998 -2002. 19. Prospective members are granted a yearly membership card for club privileges for whatever member plan they chose, upon receipt of payment to Penn Warner. 20. Penn Warner Club sends renewal membership applications to existing members on an annual basis. a. These renewals are sent to existing members in the month of January. 21. Prior to 1991, the Penn Warner Club issued complimentary memberships which included but was not limited to, the following: a. Law enforcement officers Elected officials Business owners Warner Company employees Warner employee families 22. Complimentary memberships were approved by Mr. Frank Branagan, club consultant. a. Branagan had been a consultant for Penn Warner from 1983 until 2002. b. Branagan inherited the responsibility of issuing complimentary memberships from executives of Penn Warner, prior to 1983. c. All complimentary memberships were approved by Frank Branagan from 1983 to 2001. 23. Upon acquisition of the Penn Warner Club by Waste Management, Inc., the complimentary membership policy remained in effect until 2003. a. Branagan remained an employee of the Penn Warner Club after Waste Management, Inc. took over operation of the club. b. Branagan was authorized by Waste Management, Inc. to continue to issue complimentary memberships at his discretion. 24. Waste Management, Inc. continued this practice of issuing complimentary memberships to bolster their "good neighbor" policy. Czyzyk 03 -021 Page 6 a. "Good Neighbor" policies, while not documented, utilizes the promotion of (1) financial assistance; (2) community aid; and (3) donations by operating of landfills to pacify public concerns of landfill negativity. 25. Complimentary memberships issued by Branagan did not include the hunting privilege. a. Individuals who desired a complimentary hunting privilege, would specify that request by requesting the privilege in writing on the renewal application form. b. Complimentary members would then receive the hunting privilege at no charge. 26. The following chart represents actual memberships, compared to complimentary memberships issued by Branagan for the years 1998 to present. Year Actual Paid Memberships Complimentar Memberships 1998 1,609 79 1999 1,497 58 2000 1,459 79 2001 1,410 74 2002 1,377 85 2003 1,291 56 27. Edward Czyzyk is a personal friend to Frank Branagan. 28. Edward Czyzyk had been receiving complimentary memberships, including hunting privileges for at least twenty (20) years. a. This complimentary membership pre -dates Czyzyk's appointment to council and to the LBCJMA. 29. Czyzyk would send renewal applications directly to Frank Branagan. a. Branagan would in turn approve the complimentary membership. 30. Czyzyk, who is an avid hunter, has specifically requested the hunting privilege in writing on his renewal application since at least 1998. a. Branagan has authorized the privilege, and directed a membership card to be issued to Czyzyk. b. The membership card was produced by club manager Ginger McAllister and sent to Czyzyk by her on an annual basis. c. The value of the hunting membership varied in cost from $530.00 in 1998 to $640.00 in 2001 and 2002. 31. As a councilman and LBCJMA member, Czyzk has filed Statements of Financial Interests since 1998 disclosing financial information. 32. On Statements of Financial Interests filed as a member of the LBCJMA for the 1998 calendar year, Czyzyk disclosed Penn Warner Club as a gift valued in excess of $250.00 but under reported the value. a. On the Statement of Financial Interests dated March 15, 1999, for the 1998 calendar year, Czyzyk reported the value of the Penn Warner membership at $350.00. Czyzyk 03 -021 Page 7 1. The actual value of the membership was $960.00 which included the hunting privilege. 33. Statements of Financial Interests filed as a member of the LBCJ MA by Czyzyk for the 1999, 2000 and 2001 calendar years did not disclose his receipt of Penn Warner Club memberships as gifts valued in excess of $250.00. a. The value of the memberships was as follows: 1999 $ 1,005.00 2000 $ 950.00 2001 $ 1,155.00 34. Czyzyk filed Statements of Financial Interests as a member of Tullytown Borough Council and made disclosures as to the receipt of gifts from Penn Warner Club as follows: Calendar Year Date Filed Gift Disclosure Amount 1998 02/23/99 Yes $500.00 1999 01/20/00 Yes $350.00 2000 01/19/01 No N/A 2001 01/22/02 No N/A 35. The $500.00 value of the Penn Warner Club membership as disclosed by Czyzyk as a councilman was $150.00 more than the $350.00 Czyzyk claimed on his SFI filed for 1998 as a member of the LBCJMA. 36. Czyzyk disclosed a $350 Penn Warner membership for 1999 as a councilmember but did not disclose the Penn Warner membership on his filings with the LBCJMA. 37. In or about February 2003, questions were publicly raised in local newspapers that Czyzyk and other councilmembers had failed to disclose on Statements of Financial Interests Penn Warner Club as a gift. 38. Czyzyk, as a result of the publicity, filed an amended form for calendar year 2000 disclosing Penn Warner with a gratuity value of $1,000.00. a. Czyzyk filed the amended form for calendar year 2000 on February 19, 2003. b. The form was filed in Czyzyk's capacity as a borough councilman. 39. Czyzyk also filed an amended form for calendar ear 2001 as a Tullytown councilman disclosing Penn Warner with a gratuity value of $1,000.00. a. Czyzyk filed the amended form for calendar year 2000 on February 19, 2003. 40. Czyzyk, as a member of the LBCJ MA, filed a Statement of Financial Interests for the 2002 calendar year on February 16, 2003. a. Czyzyk reported the Penn Warner Club as a gift valued at $1,000. 41. Czyzyk did not file amended Statements of Financial Interests disclosing the full value of the Penn Warner Club membership for calendar years 1998 or 1999. 42. Czyzyk never amended any filings in his capacity as a member of the LBCJMA. Date Purpose Official Action 04/18/00 Discussion on landfill expansion Present 02/06/01 Votes on Waste Management, Inc. Parcel Subdivison In Favor 10/02/01 Land Acquisition In Favor 02/04/03 Vote on Waste Management, Inc. Subdivision Motion to Approve Czyzyk 03 -021 Page 8 43. Beginning in 2003, Penn Warner Club discontinued extending gratuities to government officials within the Commonwealth of PA, the State of New Jersey, the State of Delaware and the State of Maryland. 44. Waste Management, Inc. has had issues before Tullytown Council regarding matters involving landfill expansions, parcel subdivisions, land acquisitions and open space plans to further enhance their landfill enterprise. 45. Czyzyk, in his capacity as a Tullytown Borough Councilman voted at least four (4) times since 2000 concerning matters involving Waste Management, Inc., while receiving complimentary memberships to the Penn Warner Club, owned by Waste Management, Inc.. a. Votes to approve matters and openly participated [sic] in discussions involving Waste Management, Inc. by Czyzyk had financially benefited Waste Management, Inc. in their landfill enterprise. 46. The following chart represents votes by Czyzyk relating to matters involving Waste Management, Inc.. 47. As a member of the Lower Bucks County Joint Municipal Authority, Czyzyk has abstained from the matters involving Waste Management, Inc.. a. His abstentions are based upon the advice of authority solicitor James Downing. III. DISCUSSION: At all times relevant to this matter, the Respondent, Edward Czyzyk, hereinafter Czyzyk, 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 se ., as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 6 Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegations are that Czyzyk, as a councilman for Tullytown Borough, and a member of the Lower Bucks County Joint Municipal Authority (LBCJMA), Bucks County, violated Sections 3(a)/1103(a) and 5(b)(6)/1105(b)(6) of the Ethics Act when he participated in discussions and actions of borough council and LBCJ MA regarding Waste Management, Inc., at a time when he was receiving gifts in excess of $250 annually from Waste Management, Inc.; and when he failed to disclose on Statements of Financial Interests (SFI's) filed for calendar years 1998, 1999, 2000, and 2001 gifts or the actual value of gifts received as to the Penn Warner Club. Pursuant to Section 3(a)/1103(a) of the Ethics Act quoted above, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. 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 Czyzyk 03 -021 Page 9 himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 5(b)(6)/1105(b)(6) of Act 9 of 1989 quoted in the allegation requires that every public official /public employee and candidate list the name and address of the source and amount of any gift valued in the aggregate of $250 or more and the circumstances of each gift. Having noted the issues and applicable law, we shall now summarize the relevant facts. Given that Czyzyk did not file an Answer to the Investigative Complaint, all of the averments in the Investigative Complaint are deemed admitted so that the averments are now treated as definitive facts and hence the Fact Findings in the order. Czyzyk has been a Tullytown Borough Council member since January of 1996, an employee of the Bristol Township Authority for the past eight years, and a member of the LBCJMA Board since January of 1994. Two landfills are operated by Waste Management, Inc. within the borough. The landfill property is near or contiguous to a 3,000 acre recreational facility known as the Penn Warner Club which offers hunting, fishing, boating, camping and outdoor hiking to its members. Waste Management, Inc. acquired the Penn Warner Club from the Warner Corporation in 1991. Membership privileges for the Penn Warner Club are based upon a fee schedule as delineated in Fact Finding 18. Memberships at Penn Warner Club are granted on a yearly basis with the privileges dependant upon the club plan that is chosen. Prior to 1991, the Penn Warner Club issued complimentary memberships to law enforcement officers, elected officials, business owners, Warner company employees and their families. The complimentary memberships were approved by Frank Branagan, a club consultant. The policy of issuing complimentary memberships continued after Waste Management, Inc. purchased the Penn Warner Club. Waste Management, Inc. authorized Branagan to issue complimentary memberships at his discretion as a basis for bolstering its image as a "good neighbor." For the years 1998 through 2003, the total complimentary memberships that were issued varied from a low of 56 to a high of 85. The paid memberships in that same time period varied from a low of 1,291 to a high of 1,609. In that Czyzyk is a personal friend of Frank Branagan and the recipient of complimentary memberships for at least the past 20 years, Czyzyk annually would send his renewal applications to Frank Branagan who would approve the complimentary memberships. Since Czyzyk is an avid hunter, he requested that his memberships include hunting privileges which added an extra $530 in 1998 up to $640 in 2001 and 2002 to the value of the gifts. Waste Management, Inc. discontinued its policy of providing Penn Warner Club guest memberships to government officials in the Commonwealth in 2003. Waste Management, Inc. had issues before council regarding landfill expansion, parcel subdivisions, land acquisitions, and open space plans to further enhance its landfill enterprise. Czyzyk, as a council member, voted on at least four occasions on issues involving Waste Management, Inc. while receiving complimentary memberships at the Penn Warner Club. See, Fact Finding 46. However, Czyzyk, as a LBCJMA Board member, abstained on matters involving Waste Management, Inc. Turning to the SFI allegations, Czyzyk was required to annually file SFI's as a member of the Tullytown Borough Council and LBCJMA. As to Czyzyk's SFI's filed with LBCJMA, Czyzyk listed Penn Warner Club as a gift in excess of $250.00 with a value of only $350.00 on his 1998 calendar year SFI. For the calendar years 1999 -2001, Czyzyk did not disclose the gifts of the Penn Warner Club memberships on his SFI's. Regarding the SFI's that Czyzyk filed with Tullytown Borough, Czyzyk listed the Penn Warner Club memberships on his 1998 and 1999 SFI's but understated the value of the Czyzyk 03 -021 Page 10 memberships in both years and failed to list the memberships for the 2000 and 2001 calendar year SFI's. Czyzyk subsequently filed amended SFI's for Tullytown Borough for the calendar years 2000 and 2001 and disclosed the Penn Warner Club membership as a gift valued at $1,000.00 in each year. Czyzyk did not file amended SFI's as to the LBCJMA. In applying Section 3(a)/1103(a) of the Ethics Act to the allegation concerning actions taken by Czyzyk as a Tullytown Borough Council member and LBCJ MA Board member as to Waste Management, Inc. from which he received guest memberships for the Penn Warner Club, we find no violation of Section 3(a)/1103(a) of the Ethics Act as to that portion of the allegation concerning LBCJMA. The record reflects that Czyzyk as LBCJMA Board member abstained on matters involving Waste Management, Inc. Without a use of authority of office, there is no violation of the Ethics Act. See, McGuire and Marchitello v. SEC, 657 A2.d 1346 (Pa. Commw. 1995). Accordingly, Czyzyk did not violate Section 3(a)/1103(a) of the Ethics Act when he as a LBCJMA Board member abstained on matters involving Waste Management, Inc. from which he received gifts of annual guest memberships for the Penn Warner Club. As to Czyzyk's actions as a Tullytown Borough Council member, he participated in actions as to Waste Management, Inc. at the times when he was the recipient of guest memberships for the Penn Warner Club. Such actions were uses of authority of office. See, Juliante, Order 809. However, in order to establish a violation of Section 3(a)/1103(a) of the Ethics Act, it is necessary to show that such uses of authority of office by Czyzyk resulted in a private pecuniary benefit to either himself, an immediate family member, or a business with which he or an immediate family member is associated. Since Czyzyk had no financial connection with Waste Management, Inc., it is clear that it is not a business with which he is associated. Hence, the question becomes whether Czyzyk's uses of authority of office as to matters involving Waste Management, Inc. resulted in private pecuniary benefits to himself. Although Czyzyk received private pecuniary benefits consisting of the gifts that he received as complimentary memberships in the Penn Warner Club, those financial gains did not occur as to his uses of authority of office regarding Waste Management, Inc. To the contrary, the record reflects that Czyzyk received the complimentary memberships for a number of reasons which did not relate to his uses of authority of office as to Waste Management, Inc.: his receipt of club memberships for over 20 years, his friendship with Frank Branagan who approved the complimentary memberships, and his inclusion in the group of government officials within Pennsylvania, New Jersey, Delaware and Maryland who received such memberships. There is not clear and convincing proof that Czyzyk's uses of authority of office as to Waste Management, Inc. matters before Tullytown Borough Council resulted in private pecuniary benefits to him from Waste Management, Inc. Accordingly, Czyzyk did not violate Section 3(a)/1103(a) of the Ethics Act as to his participation in matters before council involving Waste Management, Inc. vis -a -vis his receipt of complimentary memberships in the Penn Warner Club from Waste Management, Inc., based upon a lack of clear and convincing proof. See, Reed, Order 896. Turning to the SFI allegations, the record reflects that Czyzyk failed to list on his SFI's filed with LBCJMA the Penn Warner Club membership for the calendar years 1999 through 2001. Accordingly, Czyzyk violated Section 5(b)(6)/1105(b)(6) of the Ethics Act when he failed to disclose gifts from Waste Management, Inc. the source, address, the amount and circumstances of the gift as to the Penn Warner Club membership for the calendar years 1999, 2000, and 2001 filed with LBCJMA. For SFI's filed with LBCJMA, Czyzyk listed the Penn Warner Club membership as a gift for calendar year 1998 with a reported value of $350.00. Since the actual value of the membership was $960.00 in 1998, Czyzyk undervalued the listing and hence filed a deficient SFI. Accordingly, Czyzyk violated Section 5(b)(6)/1105(b)(6) of the Ethics Act when he filed a deficient SFI for calendar year 1998 with the LBCJMA by undervaluing the gift of a membership in the Penn Warner Club. Czyzyk 03 -021 Page 11 Regarding the SFI's Czyzyk filed with Tullytown Borough, he listed the Penn Warner Club gift memberships in the calendar years 1998 and 1999 but undervalued the gifts by listing them at $500.00 and $350.00 respectively. Czyzyk failed to disclose the gift memberships for calendar years 2000 and 2001. Subsequently, Czyzyk filed amended SFI's for the calendar years 2000 and 2001 listing the Penn Warner Club as gifts valued at $1,000.00 in both of those years. Accordingly, Czyzyk violated Section 5(b)(6)/1105(b)(6) of the Ethics Act when he undervalued the gifts of club memberships for the 1998 and 1999 calendar year SFI's filed with Tullytown Borough. Czyzyk violated Section 5(b)(6)/1105(b)(6) of the Ethics Act when he failed to list gifts as to the Penn Warner Club from Waste Management, Inc. on his SFI's for the calendar years 2000 and 2001 filed with Tullytown Borough. Czyzyk is directed within 30 days of the mailing of this order to file amended SFI's listing the gifts of the Penn Warner Club membership together with its source, Waste Management, Inc., the address, the true amount of the gifts, that is, $960.00, $1,005.00, $950.00, and $1,155.00 for years 1998 through 2001 respectively, together with the circumstances of the gifts. Copies of the amended SFI's should be sent to this Commission for compliance verification purposes. Failure to comply with the foregoing will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. Edward Czyzyk, as a councilman for Tullytown Borough and a LBCJMA Board member, is a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Czyzyk did not violate Section 3(a)/1103(a) of the Ethics Act when he as a LBCJ MA Board member abstained on matters involving Waste Management, Inc. from which he received gifts of annual guest memberships for the Penn Warner Club. 3. Czyzyk did not violate Section 3(a)/1103(a) of the Ethics Act as to his participation in matters before borough council involving Waste Management, Inc. vis -a -vis his receipt of complimentary memberships in the Penn Warner Club from Waste Management, Inc. based upon a lack of clear and convincing proof. 4. Czyzyk violated Section 5(b)(6)/1105(b)(6) of the Ethics Act when he failed to disclose gifts from Waste Management, Inc. the source, address, the amount and circumstances of the gifts of Penn Warner Club memberships for the calendar years 1999, 2000, and 2001 filed with LBCJMA. 5. Czyzyk violated Section 5(b)(6)/1105(b)(6) of the Ethics Act when he filed a deficient SFI for calendar year 1998 with the LBCJ MA by understating the gift of a membership in the Penn Warner Club. 6. Czyzyk violated Section 5(b)(6)/1105(b)(6) of the Ethics Act when he understated gifts of club memberships forte 1998 and 1999 calendar year SFI's filed with Tullytown Borough. 7. Czyzyk violated Section 5(b)(6)/1105(b)(6) of the Ethics Act when he failed to list gifts of Penn Warner Club membership from Waste Management, Inc. on his SFI's for the calendar years 2000 and 2001 filed with Tullytown Borough. In Re: Edward Czyzyk ORDER NO. 1308 1. Edward Czyzyk, as a councilman for Tullytown Borough and a Lower Bucks County Joint Municipal Authority Board member, did not violate Section 3(a)/1103(a) of the Ethics Act when he as a Lower Bucks County Joint Municipal Authority Board member abstained on matters involving Waste Management, Inc. from which he received gifts of annual guest memberships for the Penn Warner Club. 2. Czyzyk did not violate Section 3(a)/1103(a) of the Ethics Act as to his participation in matters before borough council involving Waste Management, Inc. vis -a -vis his receipt of complimentary memberships in the Penn Warner Club from Waste Management, Inc. based upon a lack of clear and convincing proof. 3. Czyzyk violated Section 5(b)(6)/1105(b)(6) of the Ethics Act when he failed to disclose gifts from Waste Management, Inc. the source, address, the amount and circumstances of the gifts of Penn Warner Club memberships for the calendar years 1999, 2000, and 2001 filed with Lower Bucks County Joint Municipal Authority. 4. Czyzyk violated Section 5(b)(6)/1105(b)(6) of the Ethics Act when he filed a deficient SFI for calendar year 1998 with the Lower Bucks County Joint Municipal Authority by understating the gift of a membership in the Penn Warner Club. 5. Czyzyk violated Section 5(b)(6)/1105(b)(6) of the Ethics Act when he understated gifts of club memberships forte 1998 and 1999 calendar year SFI's filed with Tullytown Borough. 6. Czyzyk violated Section 5(b)(6)/1105(b)(6) of the Ethics Act when he failed to list gifts of Penn Warner Club membership from Waste Management, Inc. on his SFI's for the calendar years 2000 and 2001 filed with Tullytown Borough. 7. Czyzyk is directed within 30 days of the mailing of this order to file amended SFI's with Tullytown Borough and the Lower Bucks County Joint Municipal Authority listing the gifts of the Penn Warner Club membership together with its source, Waste Management, Inc., the address, the true amount of the gifts, that is, $960.00, $1,005.00, $950.00, and $1,155.00 for years 1998 through 2001 respectively, together with the circumstances of the gifts. Copies of the amended SFI's should be sent to this Commission for compliance verification purposes. a. Failure to comply with the foregoing will result in the institution of an order enforcement action. File Docket: 03 -021 Date Decided: 12/17/03 Date Mailed: 12/29/03 BY THE COMMISSION, Louis W. Fryman, Chair