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In Re: Natalie Zimmer,
Respondent
S"I"ATE EI'HICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
File Docket:
Order No.
Date Decided:
Date Mailed:
22-0067-C
183,6
6/18/24
6/21/24
Before: Michael A. Schwartz, Chair
Rhonda Hill Wilson, Vice Chair
Paul E. Parsells
David L. Reddecliff
Emilia McKee Vassallo
Thomas E. Leipold
This is a final adjudication of the State Ethics Commission.
rACSIMH-E: 717-787-0806
W E B S I T E: yvwg �et h Llos.pg, gqy
Procedurally, the Investigative Division of the State Ethics Commission conducted an
investigation regarding possible violation(s) of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C, S. § 1101 et sue, by the above -named Respondent. At the commencement
of its, investigation, the Investigative Division served upon Respondent written notice of the
specific allegations. Upon completion of its investigation, the Investigative Division issued and
served upon Respondent a Findings Report identified as an "Investigative Complaint," A
Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to
the State Ethics Commission ("Commission") for consideration, The Stipulated Findings are set
forth as the Findings in this Order, The Consent Agreement has been approved,
1. ALLEA GATIONS:
That Natalie Zimmer, a public official in her capacity as a Supervisor for Greene
Township, Erie County, Pennsylvania, violated Sections, 1103(a), 1105(a), and 1105(b)(5) of the
Ethics Act:
(1) When she participated in discussions and actions of the Greene Township
Supervisors to award compensation to herself without formal approval by the
Greene Township Auditors, resulting in a private pecuniary benefit to herself,
I Commissioner Robert R Caruso recused himself fi-orn this matter and did not participate in the deliberations
involving this case.
ZimmeE', 22-0067-C
Page 2
(2) When she filed a deficient Statement of Financial Interests ("SFI") for calendar
year 2020 by failing to list the governmental entity in which she was a public
official and by failing to disclose all direct or indirect sources of income;
(3) When she filed a deficient SFI for calendar year 2021 by failing to list the
governmental entity in which she was a public official and by failing to disclose all
direct and indirect sources of income; and
(4) When she filed a deficient SFI for calendar year 2022 by failing to list the
governmental entity in which she was a public official and by failing to disclose all
direct and indirect sources of income.
II. FINDINGS:
1. Natalie Zimmer ("Zimmer") served as a Supervisor for Greene Township ("Township"),
Erie County, from January 6, 2020, to December 31, 2023.
a. Zimmer served as Vice -Chair of the Township Board of Supervisors ("Board")
from January 3, 2022, to December 31, 2023.
b. Zimmer was employed in a full-time capacity as the Township Assistant
Secretary/Treasurer in 2020 while serving as a Township Supervisor.
C. Zimmer was employed in a part-time capacity as the Township Assistant
Secretary/Treasurer in 2021 and as the Township Assistant Secretary in 2022 and
2023 while serving as a Township Supervisor.
d. Zimmer was employed as the Township Zoning Officer prior to her election as a
Township Supervisor.
2. The Township is governed by a three -Member Board.
a. The Board holds one regularly scheduled workshop meeting and one regularly
scheduled legislative meeting on the second Monday and second Tuesday of each
month, respectively.
1. The Board advertises an additional legislative meeting for the fourth
Tuesday of each month.
b. The Board holds special meetings as necessary.
c. Board Members are compensated in the amount of $50.00 per meeting not to
exceed $1,875.00 annually.
3. Voting at Board meetings routinely occurs in group "aye/nay" fashion after a motion is
properly made and seconded.
Zimmer, 22-0067-C
Page 3
a. Objections and/or abstentions are broken down within the final numerical vote tally
recorded in the minutes.
b. The name of any individual abstaining from a vote is specifically identified within
the minutes.
4. Minutes of each month's workshop and legislative meetings are presented and reviewed at
the following month's legislative meeting.
a. A formal vote is taken to approve/accept the minutes.
Approval/acceptance of the minutes signifies the accuracy of the
information within the minutes.
b. A specific section exists at the end of the minutes for each Township Supervisor's
signature.
1. A Township Supervisor's signature on the minutes further signifies his/her
viewing of and approval of the minutes.
5. The Township Supervisors are provided with a meeting packet at their Board seats on the
day of the meeting prior to its convening.
6. The meeting packets routinely consist of the upcoming meeting agenda, a copy of the
meeting agenda, the prior month's meeting minutes, multiple reports (roads, fire
department, building rental, Treasurer's, etc.), donated use requests, etc.
a. Information included on the Township Treasurer's report includes all account
beginning and ending balances (separated by account), deposits/receipts, and
debits/expenses.
1. Included within the expense category is the range of check numbers issued
for payment and the total amount of the checks for the applicable month.
aa. No identification of individual payees or individual check amounts
is present within the expense category on the Township Treasurer's
report.
7. A Township Check Request Form is completed for any Township check generated without
a supporting invoice.
a. The Check Request Form includes sections for documentation of the following
information: payee, payee address, date required, amount, reason for check request
instead of invoice submission, authorized signatures, date requested, and account
code.
Zimmer, 22-0067-C
Page 4
b. The Check Request Form is routinely completed by the Secretary for submission
to the Treasurer.
At least one Township Supervisor is required to sign the Check Request
Form for it to be processed.
9. The Township Treasurer and Township Assistant Treasurer are responsible for generation
and issuance of checks for payment of expenses due.
a. Checks to be issued for payment are generated every Monday as needed.
b. Checks are signed and distributed contemporaneous to their generation.
9. Checks issued from the Township General Fund require the live signatures of at least two
authorized Township signatories.
a. Signature authority over Township accounts is currently maintained by the
Township Treasurer and all three Township Supervisors.
1. During the 2021 calendar year, signature authority was held by the three
Township Supervisors.
b. The Township's General Fund is maintained at Northwest Bank.
10. The Township Supervisors conduct a specific vote at each legislative meeting to approve
the Township Treasurer's report which includes all checks falling within the numbered
range identified in the report.
a. The approval of the checks within the range documented in the Township
Treasurer's report is a retroactive approval.
11. The board of supervisors for a second-class township is responsible for conducting an
organizational meeting on the first Monday in January every year (unless a legal holiday).
a. The board of supervisors is to elect a chair and vice -chair, appoint a secretary and
treasurer, and make additional appointments at the meeting as deemed
necessary/required.
b. Supervisors desiring to be employed in a working capacity by their township are
routinely appointed as such at the meeting.
1. Supervisors employed by their township in a working capacity are
prohibited by Section 606(a) of the Second Class Township Code from
setting their own compensation as follows:
"The compensation of supervisors, when employed as roadmasters,
laborers, secretary, treasurer, assistant secretary, assistant treasurer or in
Zimmer, 22-0067-C
Page 5
any employe capacity not otherwise prohibited by this or any other act, shall
be determined by the board of auditors, at an hourly, daily, weekly, semi-
monthly or monthly basis, which shall he comparable to compensation paid
in the locality far similar services. "
12. Annual reorganization meetings of the Township Supervisors from 2020 through 2023
consistently document Zimmer's appointment to the employee position of Township
Treasurer, Assistant Treasurer, or Assistant Secretary.
a. Zimmer was not employed in any full-time or part-time capacity during her service
as a Township Supervisor other than in those of Township Treasurer, Assistant
Treasurer, or Assistant Secretary.
13. The local board of auditors for a second-class township is responsible for conducting an
annual organizational meeting the first day after the annual organizational meeting of the
township supervisors.
a. The purpose of the meeting as established within Section 901(a) of the Second
Class Township Code is to elect a chair and secretary as well as, among other items,
to establish the compensation for the current year for supervisors to be employed
by their township in a working capacity as follows:
"The board of auditors shall determine the compensations for the current year
authorized in section 606 for supervisors employed by the township. "
14. The Township Auditors consistently set wages and benefits at the Auditor organizational
meetings for Zimmer's employment as the Township Treasurer, Assistant Treasurer, or
Assistant Secretary as shown below:
Meeting Date
Position
Wage/Hour
Jan 7, 2020
Treasurer
$18.00
Jan 5, 2021
Assistant Treasurer
$18.00
Jan 4, 2022
Assistant Secretary
$18.00
Jan 4, 2023
Assistant Secretary
$19.00
a. Zimmer was aware of the requirement for the Township Auditors to set the
compensation for working supervisors as mandated by the Second Class Township
Code.
Zimmer was present at each Township Auditor organizational meeting from
2020 through 2023 where her wages and benefits were established and also
was aware of such from having worked as a Township employee prior to
her election as a Township Supervisor.
Zimmer, 22-0067-C
Page 6
b. Zimmer's employment titles referenced within the Auditor organizational meeting
minutes do not consistently match the titles documented within the Supervisor's
organizational meeting minutes.
THE FOLLOWING FINDINGS RELATE TO THE COVID-19 PANDEMIC AND STEPS
TAKEN BY THE UNITED STATES GOVERNMENT TO PROVIDE AID/RELIEF TO
STATE AND LOCAL GOVERNMENTS AS WELL AS TRIBAL TERRITORIES IN
RELATION TO THE COVID-19 PANDEMIC.
15. Coronavirus disease 2019 ("COVID-19") is a disease caused by the SARS-CoV-2 virus.
16. On March 11, 2020, COVID-19 was declared a pandemic by the World Health
Organization.
a. On March 13, 2020, the United States government declared COVID-19 a
nationwide emergency.
17. Between the dates of March 13, 2020, and April 1, 2020, Pennsylvania Governor Tom
Wolf issued multiple orders to slow the spread of COVID-19 within the Commonwealth.
18. As of May 15, 2020, multiple counties within the Commonwealth began to experience the
lifting of COVID-19 related restrictions, with all 67 counties entering the "green phase" of
reopening as of July 3, 2020.
a. The green phase represented a significant lifting of restrictions associated with
COVID-19; however, some restrictions remained in place.
b. All 67 counties within the Commonwealth were fully open as of June 11, 2021.
19. The American Rescue Plan Act of 2021 ("ARPA") was a $1.9 trillion stimulus bill passed
by the United States Congress and signed into law on March 11, 2021.
a. Included within the ARPA was the Coronavirus State and Local Fiscal Recovery
Funds grants program ("SLFRF") which provided $350 billion to state, local, and
tribal governments across the country to support their response to and recovery
from the COVID-19 pandemic.
1. The SLFRF, program was composed of the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund together.
aa. The SLFRF program represented federal funds to be distributed to,
among other recipients, metropolitan cities, non -entitlement units of
local government ("NEUs"), and counties.
Zimmer, 22-0067-C
Page 7
i. Municipalities with fewer than 50,000 residents were
generally identified as NEUs.
20. NEUs were to receive their funding through their state governments.
a. SLFRF funds were scheduled to be distributed in two equal tranches in mid-2021
and mid-2022.
21. Under the SLFRF program, funds received were to be used only for costs incurred on or
after March 3, 2021, with the funds to be obligated by December 31, 2024, and expended
by December 31, 2026.
a. The amount of funds received by individual governments was determined by a
modified Community Development Block Grant formula.
22. On May 10, 2021, the United States Treasury Department ("Treasury") published an
interim final rule to implement the SLFRF program as established within the ARPA.
a. The interim final rule established a framework for determining the types of
programs and services that were eligible under the ARPA along with examples of
uses that state, local, and tribal governments could consider.
23. On January 6, 2022, Treasury issued a Final Rule with an effective date of April 1, 2022,
which provided broader flexibility and greater simplicity to the program.
a. The interim final rule remained in effect until April 1, 2022; however, fund
recipients were permitted to take advantage of the Final Rule's flexibilities and
simplifications ahead of the effective date.
24. Eligible uses of SLFRF by NEU recipients as detailed within the IFR per the ARPA
included the following:
a. Responding to the public health emergency or its negative economic impacts with
respect to COVID-19, including assistance to households, small businesses, and
nonprofits, or aid to impacted industries such as tourism, travel, and hospitality;
b. Responding to workers performing essential work during the COVID-19 public
health emergency by providing premium pay to eligible workers;
1. SLFRF funds were not permitted to be used for depositing monies into any
pension fund(s).
C. Providing government services to the extent of the reduction in revenue due to the
COVID-19 public health emergency relative to revenues collected in the most
recent full fiscal year prior to the emergency; and
d. Making necessary investments in water, sewer, or broadband infrastructure.
Zimmer, 22-0067-C
Page S
25, The IFR provided specific information relating to the issuance of premium pay from
SLFRF by NEUs to essential workers including, in part, the following:
a. SLFRF were permitted to be used to provide premium pay to eligible workers
performing essential work during the COVID-19 public health emergency or to
provide grants to third -party employers with eligible workers performing essential
work.
1. The IFR referenced the ARPA's definition of premium pay which included,
in part, the following:
aa. Payment of an amount of up to $13 per hour to an eligible worker,
in addition to wages or remuneration the worker otherwise received,
and in an aggregate amount not to exceed $25,000 per eligible
worker.
bb. Retroactive payment for work performed at any time since the start
of the COVID-19 public health emergency where the workers had
not yet been compensated adequately for work previously
performed.
i. The Treasury encouraged recipients to prioritize providing
retroactive premium pay where possible.
2. The IFR identified the ARPA's definition of eligible worker as those
workers needed to maintain continuity or operations of essential critical
infrastructure sectors and additional sectors as each chief executive officer
of metropolitan cities, NEUs, and counties designated as critical to protect
the health and well-being of their residents.
aa. The IFR identified a non -encompassing list of industries recognized
as essential critical infrastructure sectors which included healthcare,
public health and safety, childcare, education, sanitation,
transportation, and food production and services.
3. The IFR defined essential work as work involving regular in -person
interactions or regular physical handling of items that were also handled by
others.
aa. Individuals not engaging in essential work were not eligible to
receive premium pay.
THE FOLLOWING FINDINGS RELATE TO THE TOWNSHIP'S RECEIPT OF FUNDS
FROM THE ARPAISLFRF PROGRAM VIA THE PENNSYLVANIA DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT AND ZIMMER'S RECEIPT OF
Zimmer, 22-0067-C
Page 9
PREMIUM PAY FROM THOSE FUNDS WITHOUT FIRST RECEIVING AUDITOR
APPROVAL.
26. The Pennsylvania State Association of Township Supervisors ("PSATS") is an
organization committed to preserving, strengthening, and educating its members through
workshops, an annual conference/exhibit show, and various publications.
a. The Township currently is, and in 2020, 2021, and 2022 was, an active dues paying
member of PSATS.
27. PSATS conducted virtual events for member townships on March 22, 2021, and March 23,
2021, titled, "PSATS Town Hall: What the American Rescue Plan Act Means for Your
Township."
a. The PSATS virtual event provided information on multiple topics and included
question and answer periods regarding LFRF funds during the events.
28. Zimmer, Township Supervisors Richard Allgeier and John Bartnicki ("Bartnicki"), and
Township Treasurer Lindsey Ethridge ("Ethridge") were present in the Township office
and participated in PSATS' March 22, 2021, virtual event.
a. One of multiple topics addressed in the PSATS virtual event was permitted use of
ARPA funds for essential/eligible employees.
1. Specifically presented during the virtual event was information that
township auditors must approve premium pay to be issued to working
supervisors.
29. PSATS posted information in its April 2021 News Bulletin about the allocation of ARPA
funds to, among other entities, all townships within the Commonwealth.
a. The bulletin specified, in part, the following:
1. Townships could expect receipt of one-half of their funds in June 2021 and
the remaining one-half in June 2022.
aa. funds were being sent from the federal government to the
Commonwealth for distribution.
2, Townships could use the funds for expenses in four categories:
aa. Responding to the COVID-19 emergency or addressing its negative
economic impacts.
bb. Providing premium pay to eligible workers performing essential
work or grants to employers that have eligible workers.
Zimmer, 22-0067-C
Page 10
CC. Replacing lost revenue for the provision of government services due
to the COVID-19 emergency.
dd. Making necessary investments in water, sewer, and broadband
infrastructure.
3. Townships were not permitted to deposit the funds into pension funds or
use the fiinds to offset revenue losses resulting from a state tax cut.
30. A fact sheet containing an update on ARPA funding and its uses was included in PSATS'
April 2021 News Bulletin to provide guidance on what PSATS knew about the funds and
what information was not yet available to allow townships to begin planning for receipt of
the funds.
a. Included in the fact sheet were the following:
1. Additional details regarding permissible uses of the funds and a hyperlink
for use by townships to identify the amount of funds they were to receive.
2. Additional details regarding the permissible use of the funds for premium
pay to eligible workers performing essential work included information that
premium pay could not exceed an additional $13 per hour or $25,000 per
worker.
b. The fact sheet also documented that township employees designated as eligible
workers could be given premium pay in the form of bonuses.
31. On April 12, 2021, PSATS posted a 28-page question and answer document to its website
which referenced the information and various questions posed at the March 22 and 23,
2021, virtual events.
a. The document presented information regarding premium pay for essential/eligible
employees.
1. The document specifically noted the following:
"For those townships with Working Supervisors, please note that the
township's board of auditors will he required to approve the payment of
premium pay.
2. The document contained specific questions and answers posed as follows:
Q; "If the township would decide to give the payroll `bonus, 'would our
Auditors have to approve any monies given to our working
supervisors? "
A; "Yes "
Zimmer, 22-0067-C
Page 11
Q: "If two of the supervisors serve on the road crew, would these two
supervisors have to abstain from a vote to pay the premium pay,
therefore leaving only one voting member? "
A: "No, as the supervisors cannot approve the increase for themselves.
If the board of supervisors approved the increase far non -supervisor
eligible workers, they could request that the auditors hold a meeting
to consider approving the bonusfor eligible supervisor -employees, "
32. After gaining knowledge that the Township would receive ARPA/LFRF funds upon
application and general information on how the funds could be used, Zimmer, Allgeier,
and Bartnicki had various individual and group conversations in the Township building
regarding possible uses of the funds.
a. The provision of premium pay to Township employees deemed essential (among
other projects) was a consistent topic of discussion among the Township
Supervisors regarding the potential use of a portion of the ARPA/LFRF funds.
b. Zimmer, Allgeier, and Bartnicki ultimately agreed upon a premium pay bonus for
all full-time essential Township employees in the amount of $10,000 each.
33. At the May 10, 2021, Township workshop meeting, the Township Supervisors first
presented information on the Township's pending receipt of an estimated $222,008 in
ARPA/LFRF funds in 2021.
a. The Township Supervisors disclosed that the Township would use the money for
"... employees, parks & recreation, food pantry, Kuhl hose fire department, street
lights, new building road sign, kirsch road water line, office equipment, and
anything additional needed as a one-time purchase."
1. No additional specificity was provided regarding the use of the funds for
employees.
b. The Township Supervisors disclosed that the Commonwealth had not released the
funding as of the date of the meeting.
The Township Supervisors referenced that the fiends could be received at
any time after May 10, 2021, based on webinars presented.
c. Zimmer, Allgeier, and Bartnicki were all present at the meeting.
34. At the Township's May 11, 2021, legislative meeting, Allgeier motioned, seconded by
Zimmer, to pass Resolution 28-2021 titled "A Resolution of the Board of Supervisors for
Greene Township Providing for Supplemental Appropriations for the 2021 Budget."
Zimmer, 22-0067-C
Page 12
a. Resolution 28-2021 acknowledged the Township's pending receipt of $222,008 in
ARPA funds and supplemental appropriations to be made from the allocation for
"Employees, Water Line Kirsch Road, Food Pantry, Parks & Recreation, Building
Road Sign, Street Lights, Kuhl Hose Fire Department, office equipment, anything
additional as a one-time expense."
b. Resolution 28-2021 carried via 3-0 vote.
C. Zimmer, Allgeier, and Bartnicki signed Resolution 28-2021.
35. The Pennsylvania Department of Community and Economic Development ("DCED") and
other sources further communicated/marketed information regarding the availability of
ARPA/LFRF funds to local government entities/NEUs via:
a. Webpage establishment live effective June 1, 2021.
b. E-blasts dated June 2, 2021; June 7, 2021; and July 12, 2021.
c. Press releases through DCED dated June 2, 2021, and July 1, 2021.
d. Webinar dated June 7, 2021.
e. Direct mailing on June 4, 2021; June 14, 2021; June 25, 2021; and July 2, 2021.
1. The June 4, 2021 direct mailing was correspondence distributed from the
Pennsylvania Governor's Office.
i Social media posting on Twitter (June 2, 2021; June 7, 2021; and July 2, 2021);
Facebook (June 3, 2021); and Linkedln (June 2, 2021).
36. Additional outreach providing information on ARPA/LFRF funds for local government
entities/NEUs beyond that performed by DCED included:
a. Three rounds of direct calling and e-blasts from local government associations
(PSATS, Pennsylvania Association of Boroughs, and Pennsylvania Municipal
League);
b. Three rounds of direct calling from Members of the State Legislature (Pennsylvania
House of Representatives and Pennsylvania Senate — both Caucuses); and
C. Numerous emails from the Pennsylvania EMS Association and the Pennsylvania
County Commissioners Association of Pennsylvania.
37. Pennsylvania local government entities were able to request the LFRF funds made
available to them via ARPA as of June 2, 2021.
Zimmer, 22-0067-C
Page 13
a. Local government entities were required to submit a Single Application for
Assistance electronically to DCED to obtain their allocations.
1. The Single Application for Assistance was available through DCED's ESA
(Electronic Single Application) Login page at
https:Hdced.pa. og v/singIgM.
38. The Single Application for Assistance required information including, in part, the
following:
a. The applicant name, entity type, and NAICS Code;
b. The name, title, and email address of the entity's top official/signing authority;
c. The name, title, mailing address, telephone number, and email address of the
entity's contact person;
d. The financial institution's name, address, telephone number, and the last four digits
of the account number into which the entity's LFRF allocations were to be
deposited; and
e. Certification that all information contained in the application and supporting
materials submitted to DCED via the Internet and its attachments were true and
correct and accurately represented the status and economic condition of the
applicant.
39. On or about June 4, 2021, the Township received correspondence at its business address to
Bartnicki's attention from the Pennsylvania Governor's Office which identified, in part,
the following:
a. The Township's entitlement to $470,069.44 in federal funding from ARPA; and
b. The Township's need to request the fiords through the Commonwealth via the
DCED website at dced.pa.gov/LFRF to obtain its allocation.
40. Bartnicki completed and submitted the DCED Single Application for Assistance for the
Township's allocation of ARPA/LFRF (Application No. 202106048953) on June 4, 2021.
a. The application documented, in pant, the following:
1. The Township's application for ARPA/LFRF funds in the total amount of
$470,069.44 over two separate tranches of $235,034.72 each.
2. Northwest Bank as the Township's financial institution and the last four
digits of the account into which the Township's ARPA/LFRF funds were to
be deposited.
Zimmer, 22-0067-C
Page 14
3. Allgeier as the Authorized Representative/Chief Elected Official in his
capacity as Chairman of the Board.
4. Bartnicki as the Contact Person responsible for handling daily activities in
his capacity as the Vice -Chairman of the Board/Township
Supervisor/Township Secretary.
5. Bartnicki's certification that the information contained within the
application was true and correct.
41. At the Township's June 7, 2021, work session meeting and June 8, 2021, legislative
meeting, the Township Supervisors updated the public in attendance on the status of the
Township's ARPA/LFRF allocation and answered questions regarding the allocation.
a. The Township Supervisors informed those present that no ARPA funds had yet
been dispersed from the state level to the local level.
b. The Township Supervisors reiterated the estimated total amount to be received, the
estimated installment amounts, and the timeframe in which the funds needed to be
spent.
42. As of the conclusion of the Township's June 8, 2021, legislative meeting, the Township's
pending ARPA/LFRF funds had been a subject of public discussion at each of the
Township's four prior public meetings.
a. The Township's next public meeting was due to be a work session scheduled for
July 12, 2021.
43. The Township received its first tranche of ARPA/LFRF funds in the amount of
$235,034.72 via electronic deposit into its General Fund on June 29, 2021.
a. The deposit was memorialized on the Township's Northwest Bank General Fund
account statement as originating from the Commonwealth of Pennsylvania.
44. On July 12, 2021, Bartnicki completed a Township Check Request Form authorizing the
generation of checks from the Township General Fund in the amount of $10,000 each to
be paid to all frill -time Township employees as premium pay for services performed during
the COVID-19 pandemic.
a. The check request form noted the reason for the check generation as "ARP money."
1. The $10,000 amount had been previously agreed upon as a result of
discussions held between Zimmer, Allgeier, and Bartnicki.
b. The Check Request Form identified individual $10,000 checks to be generated for
nine separate Township employees, including Bartnicki and Allgeier.
Zimmer, 22-0067-C
Page 15
Zimmer's name was not documented on the Check Request Form.
Zimmer and Bartnicki signed the Check Request Form authorizing the checks to be
generated.
45. Bartnicki provided the completed Check Request Form to Ethridge on or about July 12,
2021, for generation of the Township employee ARPA/LFRF premium pay checks.
a. Ethridge generated premium pay checks on July 12, 2021, for ten individual
employees, including Zimmer, as detailed below:
Check Date
Check Number
Payee
Gross Amount
Net Amount
July 15, 2021
44955
Allgeier, Richard
$10,000.00
$6,440.00
July 15, 2021
44956
Bartnicki, John
$10,000.00
$6,821.00
July 15, 2021
44957
giby, Eric
$10,000.00
$7,000.00
July 15, 2021
44958
Ethridge, Lindsay
$10,000.00
$8,500.00
July 15, 2021
44959
Nies, Christopher
$10,000.00
$7,321.00
July 15, 2021
44960
Phillips, William
$10,000.00
$7,821.00
July 15, 2021
44961
Srnka, Mark
$10,000.00
$6,382.00
July 15, 2021
44962
Twaroski, Dana
$10,000.00
$6,821.00
July 15, 2021
44963
Zimmer, Russell
$10,000.00
$5,837.00
July 15, 2021
44964
Zimmer, Natalie
$10,000.00
$5,822.00
Ethridge generated a check for Zimmer although Zimmer's name was not
specifically listed on the Check Request Form.
aa. Ethridge generated a check for Zimmer because Zimmer had signed
the Check Request Form approving the checks.
2. Zimmer's signature appears as an authorized Township signatory on all ten
checks.
46. The Township convened a regularly scheduled public work session and a legislative Board
meeting on July 12, 2021, and July 13, 2021, respectively.
Although the subject of the Township's receipt of ARPAILFRF funds had been
addressed in some capacity at the four public meetings held in May and June 2021,
no disclosure was made regarding the receipt of the ARPA/LFRF funds.
None of the Township Supervisors, including Zimmer, disclosed at the July
121h or 13`', 2021, public meetings that the Township had received its first
allotment of ARPA/LFRF funds.
2. None of the Township Supervisors, including Zimmer, disclosed at either
of the meetings that $10,000 premium pay bonus checks had been approved
and generated for all full-time Township employees.
Zimmer, 22-0067-C
Page 16
47. The premium pay bonus checks were issued to the full-time Township employees,
including Zimmer, on or about July 15, 2021.
a. Issuance of the $10,000 premium pay bonuses to the full-time Township
employees, including Zimmer, represented the first expenditure the Township
Supervisors issued from the ARPA/LFRF funds the Township received.
The Township's SLFRF Compliance Report documented distribution of a
total of $100,000 in premium pay to essential Township employees under
Project Identification No. 01.
2. The Township Supervisors authorized the premium pay bonuses to the
Township full-time employees, including Zimmer, thirteen days after
receipt of the funds.
3. The Township Supervisors approved and authorized the issuance of the
checks outside of a public meeting setting without a formal public vote.
48. Jim Kennerknecht ("Kennerknecht"), Chairman, Joe Kaliszewski ("Kaliszewski"), Vice -
Chairman, and Natalie Quigley ("Quigley"), Secretary served as the Township's Board of
Auditors for the 2021 calendar year.
a. The Township Auditors did not meet at any time between the dates of March 11,
2021, and July 15, 2021, to approve the working Supervisors' receipt of a premium
pay bonus from the Township's receipt of ARPA/LFRF funds.
b. None of the working Supervisors, including Zimmer, contacted and/or requested
any of the Township Auditors to convene from March 11, 2021, through July 15,
2021, for the purpose of approving premium pay bonuses for the working
Supervisors.
49, On July 27, 2021, the Township Supervisors conducted a second regularly scheduled
legislative meeting to address Township business.
a. Documented within the minutes was a 3-0 vote of the Township Supervisors to
purchase a LUCAS 3 Chest Compression System for Kuhl Hose in the amount of
$ 1 8,943.76 from ARPA funds.
b. No disclosure was made at the meeting by Zimmer, Allgeier, or Bartnicki regarding
the premium pay bonuses issued to full-time Township employees on or about July
15, 2021.
50. Zimmer maintains a joint Holiday Club Account with her spouse (Russell Zimmer) at First
National Bank ("FNB").
Zimmer, 22-0067-C
Page 17
a. Zimmer was the sole authorized signatory on the account when opened on May 10,
2013.
b. R. Zimmer was added as an authorized signatory to the account on October 21,
2015.
51. On July 16, 2021, Zimmer deposited Township General Fund check. number 44964, dated
July 15, 2021, in her name in the amount of $5,822.00, into the joint account at FNB over
which she maintains signature authority.
a. Zimmer's signature is present endorsing Township check number 44964.
52. On September 9, 2021, the Erie County Association of Municipal Administrators
("ECAMA") held a quarterly meeting at the St. Francis Usher's Club in McKean
Township, Erie County.
a. ECAMA is an entity composed of municipal administrators (secretaries, treasurers,
managers, etc.) from various municipalities located within the geographic confines
of Erie County.
b. ECAMA conducts meetings for networking and educational purposes.
53. Included within the schedule for the September 9, 2021, ECAMA quarterly meeting was a
virtual presentation from PSATS Education Director/Counsel Scott Coburn ("Coburn")
regarding ARPA/LFRF funds which included eligible fund uses.
a. Bartnicki and Ethridge attended the meeting in person and viewed Coburn's
presentation.
54. Coburn presented information at the September 9, 2021, ECAMA meeting regarding
eligible uses of ARPA/LFRF funds which included the mandate that supervisor receipt of
premium pay from ARPA/LFRF funds required approval from the township auditors.
a. Bartnicki and Ethridge realized at that time that the premium pay received by the
working Supervisors had not been approved by the Township Auditors.
55. Bartnicki verbally informed Ethridge at that time that he would address the situation
regarding the need for the Township Auditors to approve the working Supervisors' receipt
of premium pay from the ARPA funds.
a. Multiple weeks subsequently passed without Bartnicki taking any action on the
situation.
56. Ethridge ultimately approached and requested Bartnicki to generate a document for the
Township Auditors to review and approve regarding the working Supervisors' receipt of
the premium pay bonus from ARPA/LFRF funds.
Zimmer, 22-0067-C
Page 18
a. Bartnicki was aware of Ethridge's intent to present the document to the Township
Auditors for consideration.
57. Bartnicki generated a brief document for the Township Auditors to sign, affirming that
they approved the $10,000 premium pay bonuses for all Township employees, including
the working Supervisors, as follows:
"Greene Township has deemed the payment of Ten Thousand ($10, 000.00) Dollars per
Township employee as appropriate "Premium Pay" under this section of the American
Rescue Plan. Payment approved. "
a. The document had three separate signature lines for the signature of each of the
Township Auditors.
b. The document had a specific line for the date of the signatures.
58. Ethridge, Kennerknecht, and Kaliszewski each maintain personal cellular telephones.
59. Ethridge initiated contact with Kennerknecht on September 23, 2021, and September 24,
2021, via cellular telephone to explain the situation and make arrangements to provide
Kennerknecht with the document for Township Auditor consideration.
60. Ethridge personally traveled to Kennerknecht's residence on or about September 24, 2021,
and provided Kennerknecht with the document.
a. Ethridge informed Kennerknecht that the working Supervisors had already received
the premium pay bonus at that time.
61. Kennerknecht did not sign the document when Ethridge presented it but kept the document
in his custody.
a. Kennerknecht informed Ethridge that the Township Auditors needed to meet and/or
speak about the situation.
62. Kennerknecht subsequently contacted Kaliszewski and arranged to meet at Kaliszewski's
residence to discuss the situation.
a. Kennerknecht made no attempt to contact Quigley at that time regarding the
situation.
63. During the meeting at Kaliszewski's residence, Kennerknecht informed Kaliszewski that
they needed to sign the document approving the issuance of the premium pay bonuses to
the working Supervisors.
a. Neither Kennerknecht nor Kaliszewski was comfortable signing the document
approving the payments.
Zimmer, 22-0067-C
Page 19
1. Kennerknecht and Kaliszewski signed the document under the belief that
the Township could lose the ARPA/LFRF funds if they did not.
b. Kennerknecht personally returned the document to the Township office without
dating the document.
64. At the Township's October 12, 2021, legislative meeting, Allgeier motioned, seconded by
Bartnicki, to approve Resolution No. 41-2021 titled, "Resolution Authorizing Greene
Township to Expend American Rescue Plan Funds on Authorized Projects."
a. Zimmer, Allgeier, and Bartnicki voted unanimously to approve Resolution No. 41-
2021.
1. Bartnicki drafted Resolution No. 41-2021 in his capacity as the Township
Secretary.
b. Zimmer, Allgeier, and Bartnicki each signed Resolution No. 41-2021 at the
Township office on October 13, 2021, in their capacities as Township Supervisors.
1. Bartnicki also signed Resolution No. 41-2021 in his capacity as the
Township Secretary.
65. Resolution No. 41-2021 specified that the Township Supervisors had determined the
projects attached to the Resolution as "Attachment A" were eligible for ARPA/LFRF fund
expenditures.
a. The only project use identified within Attachment A addressed the subject, terms,
and conditions associated with premium pay for essential employees.
b. Attachment A concluded with the following paragraph:
"Greene Township has deemed the payment of Ten Thousand ($10, 000, 00) Dollars
per Township employee as appropriate `Premium Pay' under this section of the
American Rescue Plan.
Payment approved. "
66. Attachment A bore the signatures of Kennerknecht and Kaliszewski in their capacities of
Township Auditors.
a. Attachment A bore a signature date of October 14, 2021.
1. Bartnicki affixed the October 14, 2021, date onto Attachment A upon
receipt at the Township office.
b. Quigley did not sign Attachment A.
Zimmer, 22-0067-C
Page 20
Kennerknecht called Quigley on October 15, 2021, at 11:06 a.m. and left
Quigley a voice mail message informing her of the situation and the need
for the Township Auditors to sign Attachment A.
2. Quigley ultimately refused to sign the document due to concerns regarding
its appropriateness.
aa. The document had already been submitted to the Township at the
time of Kennerknecht's call to Quigley.
67. Although Kennerknecht and Kaliszewski signed Attachment A which became part of
Resolution No. 41-2021, the Township Auditors did not convene a public meeting at which
any formal vote was taken to approve the premium pay bonuses for the working
Supervisors before signing Attachment A.
a. Upon returning the document to the Township office, Kennerknecht verbally
informed Bartnicki that a special meeting may need to be scheduled for the
Township Auditors to formally approve the ARPA payments to the working
Supervisors.
1. Neither Bartnicki nor Kennerknecht ultimately initiated the scheduling of a
special meeting at which the premium payments for the working
Supervisors could be formally approved in a public format.
b. The Township Auditors never conducted any formal vote in a public meeting to
approve the premium pay bonuses for Zimmer, Allgeier, or Bartnicki.
68. Zimmer, in her capacity as a Township Supervisor, realized a private pecuniary benefit of
$10,000 when she participated in discussions and actions of the Board to award herself
compensation as an employee in the position of Township Treasurer which was not
formally approved by the Township Auditors either prior to or after receipt.
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT ZIMMER FILED
DEFICIENT STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS
2020, 2021, AND 2022 WHEN SHE FAILED TO IDENTIFY HER GOVERNMENTAL
ENTITY AND ALL DIRECT OR INDIRECT SOURCES OF INCOME.
69. Statement of Financial Interests ("SFI") filing requirements for public officials and public
employees are mandated by Section 1104 of the Ethics Act.
a. Section 1104(a) reads, in part, as follows:
"...Any other public employee or public official shall file a
statement of financial interests with the governing authority of the
political subdivision by which he is employed or within which he is
Zimmer, 22-0067-C
Page 21
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."
70. Zimmer was required to file an SFI by May 15t annually for calendar years 2020 through
2022 in her position as a Township Supervisor.
71, Information required to be disclosed on SFIs filed by public officials and public employees
is specified in Section 1105 of the Ethics Act.
a. Section 1105(b), Subsections 1-10 identify specific information to be disclosed as
well as exceptions to disclosure requirements when applicable.
Section 1105(b)(5) mandates disclosure of, in part, the name and address of
any direct or indirect source of income totaling in the aggregate $1,300 or
more.
72. Zimmer filed SFis with the Township for calendar years 2018 through 2022 as follows:
Submission Date For Calendar Year
January 19, 2021 2020
January 10, 2022 2021
January 3, 2023 2022
73. Zimmer failed to disclose the Township as a direct or indirect source of income in Section
10 of her 2020 through 2022 calendar year SFIs.
a. Zimmer was employed by and received compensation from the Township in the
2020 through 2022 calendar years in her position as a Township employee and in
her position as a Township Supervisor as shown below:
2020 wages
2021 wages
2022 wages
SUP Emir
SupE np*
SS C_ MIR
$1 875.00 $41 117.26
$1 600,00 $23 954.00
$1,875.00 $13 356.00
*Includes $10,000.00 gross in ARP funds
b. Section 10, Direct or Indirect Sources of Income, on Zimmer's SFIs for calendar
years 2020 through 2022 was marked "None."
74. Zimmer failed to complete Section 05, Governmental Entity, on her SFIs filed for calendar
years 2020 through 2022.
a. Section 05 on Zimmer's 2020 through 2022 calendar year SFIs was blank.
b. The SFI forms utilized by Zimmer for her 2020 through 2022 calendar year
filings specified, in part, the following at the bottom in bold print:
"THIS FORM IS CONSIDERED DEFICIENT IF ANY BLOCK ABOVE 1S NOT COMPLETED."
Zimmer, 22-0067-C
Page 22
III. DISCUSSION:
As a Supervisor for Greene Township ("Township"), Erie County, Pennsylvania, from
January b, 2020, to December 31, 2023, Respondent Natalie Zimmer ("Zimmer") was a public
official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"),
65 Pa.C.S. § 1101 et sec..
The allegations are that Zimmer violated Sections 1103(a), 1105(a), and 1105(b)(5) of the
Ethics Act:
(1) When she participated in discussions and actions of the Township Supervisors to
award compensation to herself without formal approval by the Township Auditors,
resulting in a private pecuniary benefit to herself;
(2) When she filed a deficient Statement of Financial Interests ("SFI") for calendar
year 2020 by failing to list the governmental entity in which she was a public
official and by failing to disclose all direct or indirect sources of income;
(3) When she filed a deficient SFI for calendar year 2021 by failing to list the
governmental entity in which she was a public official and by failing to disclose all
direct and indirect sources of income; and
(4) When she filed a deficient SFI for calendar year 2022 by failing to list the
governmental entity in which she was a public official and by failing to disclose all
direct and indirect sources of income.
Per the Consent Agreement, the Investigative Division has exercised its prosecutorial
discretion to nolle pros the allegations pertaining to deficiencies in Zimmer's SFIs for calendar
years 2020, 2021, and 2022. We therefore need not address those allegations.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The following terms relevant to Section 1103(a) are defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
Zimmer, 22-0067-C
Page 23
employment or any confidential information received through his
holding public office or employment for the private pecuniary
benefit of himself, a member of his immediate family or a business
with which he or a member of his immediate family is associated.
The term does not include an action having a de minimis economic
impact or which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry, occupation or
other group which includes the public official or public employee, a
member of his immediate family or a business with which he or a
member of his immediate family is associated.
65 Pa.C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or
"conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public
official/public employee is prohibited from using the authority of public office/employment or
confidential information received by holding such a public position for the private pecuniary
(financial) benefit of the public official/public employee himself, any member of his immediate
family, or a business with which he or a member of his immediate family is associated.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission.
We shall now summarize the relevant facts as contained therein.
Zimmer served as a Township Supervisor from January 6, 2020, to December 31, 2023.
Zimmer was Vice -Chair of the three -Member Township Board of Supervisors ("Board") from
January 3, 2022, to December 31, 2023.
The Township is a Second Class Township. The board of supervisors of a Second Class
Township is responsible for conducting an organizational meeting in January every year.
Supervisors desiring to be employed in a working capacity by their township are routinely
appointed as such at the meeting. The Second Class Township Code provides that the township
board of auditors shall determine the compensation for supervisors employed by the township at
an organizational meeting conducted the first day after the organizational meeting of the township
supervisors. See, 53 P.S. §§ 65606(a), 65901(a).
Zimmer was employed with the Township in several full-time or part-time capacities
during her tenure as a Township Supervisor, including, in pertinent part, as the full-time Township
Treasurer throughout 2020. Zimmer was aware of the requirement that her compensation as a
working Supervisor be set by the. Township Auditors, and she was present at organizational
meetings where the Township Auditors determined her wages and benefits.
The American Rescue Plan Act of 2021 ("ARPA"), a stimulus bill passed by the United
States Congress and signed into law on March 11, 2021, included a grants program which provided
federal funds from the Coronavirus Local Fiscal Recovery Fund ("LFRF") to local governments
to support their response to and recovery from the COVID-19 pandemic. The ARPA/LFRF funds
Zimmer, 22-0067-C
Page 24
were scheduled to be distributed in mid-2021 and mid-2022, and they could be used for various
purposes, including providing up to $25,000 in premium pay to each eligible worker performing
essential work during the COVID-19 pandemic.
On March 22, 2021, Zimmer, Township Supervisors Richard Allgeier ("Allgeier") and
John Bartnicki ("Bartnicki"), and Township Treasurer Lindsey Ethridge ("Ethridge") participated
in a virtual event conducted by the Pennsylvania State Association of Township Supervisors that
was entitled "PSATS Town Hall: What the American Rescue Plan Act Means for Your Township."
The topics addressed in the virtual event included the permitted use of ARPA/LFRF funds to
provide premium pay bonuses to eligible workers performing essential work and the requirement
that township auditors approve premium pay bonuses to be issued to working township
supervisors.
After Zimmer, Allgeier, and Bartnicki learned that the Township would receive
ARPA/LFRF funds upon applying for the fiinds and how the funds could be used, they had various
conversations regarding possible uses of the funds. The three Township Supervisors ultimately
agreed upon using a portion of the funds to pay each eligible full-time Township employee a
premium pay bonus in the amount of $10,000. During a meeting of the Board on May 11, 2021,
the Board voted 3-0 to approve Resolution 28-2021, which acknowledged the Township's pending
receipt of $222,008 in ARPA/LFRF fiends and supplemental appropriations to be made from the
funds for "Employees, Water Line Kirsch Road, Food Pantry, Parks & Recreation, Building Road
Sign, Street Lights, Kuhl Hose Fire Department, office equipment, anything additional as a one-
time expense."
As of June 2, 2021, Pennsylvania local government entities were able to request the
ARPA/LFRF funds made available to them by submitting an application to the Pennsylvania
Department of Community and Economic Development ("DCED"). After the Township received
correspondence from the Pennsylvania Governor's Office that identified the Township's
entitlement to $470,069.44 in ARPA/LFRF funds, Bartnicki submitted an application to DCED to
obtain the funds in two tranches of $235,034.72 each.
On June 29, 2021, the Township received its first tranche of ARPA/LFRF funds in the
amount of $235,034.72 via electronic deposit into the Township's General Fund account at
Northwest Bank. On July 12, 2021, Bartnicki completed a Township Check Request Form
authorizing the generation of checks from the Township General Fund to pay each full-time
Township employee a $10,000 premium pay bonus for services performed during the COVID-19
pandemic. Bartnicki and Zimmer signed the Check Request Form, which was then provided to
Ethridge. On July 12, 2021, Ethridge generated checks for premium pay bonuses for ten Township
employees, including Zimmer, Allgeier, and Bartnicki. The net amount of the check payable to
Zimmer was $5,822.00. Zimmer signed each of the ten premium pay bonus checks as an authorized
Township signatory. The Township Supervisors authorized the issuance of the checks outside of
a public meeting without a public vote. None of the Township Supervisors requested any of the
Township Auditors to convene for the purpose of approving the payment of premium pay bonuses
to the working Supervisors.
On September 9, 2021, Bartnicki and Ethridge attended a meeting of the Erie County
Association of Municipal Administrators at which PSATS Education Director/Counsel Scott
Zimmer, 22-0067-C
Page 25
Coburn made a presentation regarding the eligible uses of ARPA/LFRF funds and the requirement
that township auditors approve the receipt of premium pay by working township supervisors.
Bartnicki and Ethridge realized at that time that the premium pay received by the working
Supervisors had not been approved by the Township Auditors, Although Bartnicki informed
Ethridge that he would address the situation, multiple weeks passed without him taking any action.
After Ethridge asked Bartnicki to generate a document for the Township Auditors to review and
approve with regard to the working Supervisors' receipt of the premium pay bonus, he generated
a brief document for the Township Auditors to sign that approved the payment of $10,000 premium
pay bonuses for all Township employees, including the working Supervisors.
For 2021, Jim Kennerknecht ("Kennerknecht"), Joe Kaliszewski ("Kaliszewski"), and
Natalie Quigley ("Quigley") served as the Township's Auditors. After Ethridge provided
Kennerknecht with the document generated by Bartnicki and informed Kennerknecht that the
working Supervisors already had received the premium pay bonus, Kennerknecht met with
Kaliszewski to discuss the situation. Kennerknecht and Kaliszewski signed the document under
the belief that the Township could lose the ARPA/LFRF funds if they did not sign it. Quigley was
not contacted about the situation at that time. When Kennerknecht returned the document to the
Township office, he informed Bartnicki that a special meeting may need to be scheduled for the
Township Auditors to formally approve the payment of premium pay bonuses to the working
Supervisors. Neither Bartnicki nor Kennerknecht initiated the scheduling of a special meeting at
which the premium pay bonuses for the working Supervisors could be formally approved in a
public format.
At a meeting of the Board on October 12, 2021, the Board voted 3-0 to approve Resolution
No. 41-2021 entitled, "Resolution Authorizing Greene Township to Expend American Rescue
Plan Funds on Authorized Projects." Resolution No. 41-2021 specified that the Township
Supervisors had determined that the projects identified in Attachment A to the Resolution were
eligible for ARPA/LFRF fiend expenditures. The only project identified within Attachment A was
the payment of $10,000 of premium pay to each Township employee. Attachment A bore the
signatures of Kennerknecht and Kaliszewski as Township Auditors. Although Kennerknecht
telephoned Quigley on October 15, 2021, and left her a voicemail message informing her of the
situation and the need for the Township Auditors to sign Attachment A, Quigley refused to sign
Attachment A due to concerns regarding its appropriateness.
Although Attachment A was signed by Kennerknecht and Kaliszewski, the Township
Auditors never convened a public meeting at which any formal vote was taken to approve the
premium pay bonuses for the working Supervisors. The parties have stipulated that Zimmer
realized a private pecuniary benefit of $10,000 when she participated in discussions and actions of
the Board to award herself compensation as an employee in the position of Township Treasurer
which was not formally approved by the Township Auditors either prior to or after receipt of such
compensation.
Having highlighted the Stipulated Findings and issues before us, we shall now apply the
Ethics Act to determine the proper disposition of this case.
The parties` Consent Agreement sets forth a proposed resolution of the allegations as
follows;
Zimmer, 22-0067-C
Page 26
3. The Investigative Division will recommend the following in relation
to the above allegations:
a. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Zimmer participated in
discussions and actions of the Greene Township
Supervisors to award compensation to herself
without formal approval by the Township Auditors,
resulting in a private pecuniary benefit to herself; and
b. That the remaining counts will be nolle prossed.
4. Zimmer agrees to make payment in the amount of $6,000.00 in
settlement of this matter payable to Greene Township, and
forwarded to the Pennsylvania State Ethics Commission, within
thirty (30) days of the issuance of the final adjudication in this
matter.
5. To the extent she has not already done so, Zimmer agrees to file
complete and accurate amended Statements of Financial Interests
with Greene Township, through the Pennsylvania State Ethics
Commission, for calendar years 2020, 2021, and 2022 within thirty
(30) days of the issuance of the final adjudication in this matter.
6. Zimmer agrees to not accept any reimbursement, compensation or
other payment from Greene Township representing a full or partial
reimbursement of the amount paid in settlement of this matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter and make no
specific recommendations to any law enforcement or other authority
to take action in this matter. Such, however, does not prohibit the
Commission from initiating appropriate enforcement actions in the
event of Zimmer's failure to comply with this agreement or the
Commission's order or cooperating with any other authority who
may so choose to review this matter further.
a. Zimmer has been advised that as a matter of course,
all orders from the Commission are provided to the
Attorney General, albeit without any specific
recommendations pursuant to Paragraph 7 above.
b. Zimmer has been advised that all orders become
public records and may be acted upon by law
enforcement as they deem appropriate.
Zimmer, 22-0067-C
Page 27
C. The non -referral language contained in this
paragraph is considered an essential part of the
negotiated Consent Agreement.
Consent Agreement, at 1-2.
We accept the recommendation of the parties for a finding of violation of Section 1103(a)
of the Ethics Act. The Consent Agreement reflects the parties' agreement that the elements of a
use of the authority of office for a private pecuniary benefit have been established.
It is clear that Zimmer used the authority of her public position as a Township Supervisor
when she: (1) had discussions with the other two Township Supervisors with regard to the potential
uses of the ARPA/LFRF funds allocated to the Township, which led to an agreement to use a
portion of the funds to pay each eligible full-time Township employee, including herself, a
premium pay bonus in the amount of $10,000; (2) signed a Check Request Form authorizing the
generation of premium pay bonus checks to the eligible full-time Township employees, including
herself, and (3) signed as an authorized Township signatory premium pay bonus checks for ten
Township employees, including herself.
Although the Second Class Township Code mandates that compensation for working
supervisors must be established by the township auditors, the premium pay bonus for the working
Supervisors, including Zimmer, was never formally approved by the Township Auditors. As such,
as a result of using the authority of her office as a Township Supervisor, Zimmer received a private
pecuniary benefit in the nature of unauthorized compensation for serving as a full-time Township
employee.
With each element of a violation of Section 1103(a) established, we hold that a violation
of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Zimmer participated in
discussions and actions of the Township Supervisors to award compensation to herself without
formal approval by the Township Auditors, resulting in a private pecuniary benefit to herself.
As part of the Consent Agreement, Zimmer has agreed to make payment in the amount of
$6,000.00 payable to the Township and forwarded to this Commission within thirty (30) days of
the issuance of the final adjudication in this matter. Zimmer has further agreed to not accept any
reimbursement, compensation or other payment from the Township representing a full or partial
reimbursement of the amount paid in settlement of this matter. Additionally, to the extent she has
not already done so, Zimmer has agreed to file complete and accurate amended SFIs for calendar
years 2020, 2021, and 2022 with the Township, through this Commission, within thirty (30) days
of the issuance of the final adjudication in this matter.
We agree that the aforesaid recommendations are appropriate, including the
recommendation that Zimmer file complete and accurate amended SFIs for calendar years 2020,
2021, and 2022 notwithstanding the nolle pros as to the allegations regarding deficiencies in her
SFIs for the aforesaid calendar years.
Accordingly, per the Consent Agreement of the parties, Zimmer is directed to make
Zimmer, 22-0067-C
Page 28
payment in the amount of $6,000.00 payable to the Township and forwarded to this Commission
by no later than the thirtieth (30`") day after the mailing date of this adjudication and Order.
Zimmer is directed to not accept any reimbursement, compensation or other payment from
the Township representing a full or partial reimbursement of the amount paid in settlement of this
matter.
To the extent she has not already done so, Zimmer is directed to file complete and accurate
amended SFIs for calendar years 2020, 2021, and 2022 with the Township, through this
Commission, by no later than the thirtieth (30") day after the mailing date of this adjudication and
Order.
Compliance with the foregoing will result in the closing of this case with no further action
by this Commission. Noncompliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
As a Supervisor for Greene Township ("Township"), Erie County, Pennsylvania, from
January 6, 2020, through December 31, 2023, Respondent Natalie Zimmer ("Zimmer")
was a public official subject to the provisions of the Public Official and Employee Ethics
Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sec..
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Zimmer participated in discussions and actions of the Township Supervisors to award
compensation to herself without formal approval by the Township Auditors, resulting in a
private pecuniary benefit to herself.
In Re: Natalie Zimmer, File Docket: 22-0067-C
Respondent Date Decided: 6/18/24
Date Mailed: 6/21/24
ORDER NO. 1836
A violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S.
§ 1103(a), occurred when Natalie Zimmer ("Zimmer"), as a Supervisor for Greene
Township ("Township"), Erie County, Pennsylvania, participated in discussions and
actions of the Township Supervisors to award compensation to herself without formal
approval by the Township Auditors, resulting in a private pecuniary benefit to herself.
2. Per the Consent Agreement of the parties, Zimmer is ordered to make payment in the
amount of $6,000.00 payable to Greene Township and forwarded to this Commission by
no later than the thirtieth (30`E') day after the mailing date of this Order.
3. Zimmer is directed to not accept any reimbursement, compensation or other payment from
the Township representing a full or partial reimbursement of the amount paid in settlement
of this matter.
4. To the extent she has not already done so, Zimmer is directed to file complete and accurate
amended Statements of Financial Interests for calendar years 2020, 2021, and 2022 with
the Township, through this Commission, by no later than the thirtieth (30111) day after the
mailing date of this Order.
5. Compliance with paragraphs 2, 3, and 4 of this Order will result in the closing of this case
with no further action by this Commission.
a. Noncompliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Michael A. Schwartz, Chair