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In Re: Richard Allgeier,
Respondent
,9TXrE ETHICS GOMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-040O
File Docket:
Order No.
Date Decided:
Date Mailed:
22-0068-C
1837
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. Lcipold
This is a final adjudication of the State Ethics Commission.]
FACSIMILE 717-787-0806
WEBSITE: wWW.ethics.pa._qoy
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. § 11.01 et sM, 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. ALLEGATIONS:
That Richard Allgeier, a public official in his capacity as a Supervisor for Greene
Townsfvp, Erie County, Pennsylvania, violated Sections 1103(a), 1105(a), 1105(b)(1), 1105(b)(3),
1105 (b)(5), 1105,(b)(6), I I 05(b)(8), 1105 (b)(9), and I I 05(b)(I 0) of the Ethics Act:
(1) When he participated in discussions and actions of the Greene Township
Supervisors to award compensation to himself without formal approval by the
Greene Township Auditors, resulting in a private pecuniary benefit to himself,
I Commissioner Robert P. Caruso recused himself from this matter and did not participate in the deliberations
involving this case.
Allgeier, 22-0068-C
Page 2
(2) When he filed a deficient Statement of Financial Interests ("SFI") for calendar year
2018 by failing to disclose all direct and indirect sources of income;
(3) When he filed a deficient SFI for calendar year 2019 by failing to disclose the
governmental entity for which he was a public official; failing to disclose real estate
interests transferred to the Commonwealth; failing to answer whether he received
any gift(s) valued at $250 or more; failing to answer whether he had any office,
directorship, or employment in any business; failing to answer whether he had any
financial interest in any legal entity in business for profit; and failing to answer
whether he had any business interests transferred to an immediate family member;
(4) When he filed a deficient SFI for calendar year 2020 by failing to disclose the
governmental entity for which he was a public official and all direct or indirect
sources of income; and
(5) When he filed a deficient SFI for calendar year 2021 by failing to disclose all direct
or indirect sources of income.
IL FINDINGS:
1. Richard F. Allgeier, Jr. ("Allgeier") served as a Supervisor for Greene Township
("Township"), Erie County, from January 5, 2004, through January 2, 2022.
a. Allgeier served as Chair of the Township Board of Supervisors ("Board") from
January 6, 2014, through January 2, 2022.
b. Allgeier served as Vice -Chair of the Board from January 5, 2004, to January 5,
2014.
c. Allgeier was employed in a full-time capacity during his entire tenure as a
Township Supervisor.
1. Allgeier was employed as the Road Superintendent from January 2, 2007,
through January 2, 2022.
2. Allgeier was employed as a Garage Employee from January 5, 2004,
through January 1, 2007,
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.
Allgeier, 22-0068-C
Page 3
aa. The second legislative meeting is held only if necessary.
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.
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.
1. 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.
Af� Meier, 22-0068-C
Page 4
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.
b. The Check Request Form is routinely completed by the Secretary for submission
to the Treasurer.
1. At least one Township Supervisor is required to sign the Check Request
Form for it to be processed.
8. 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.
Allgeier, 22-0068-C
Page 5
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
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 be comparable to compensation paid
in the locality for similar services. "
12, Annual reorganization meetings of the Township Supervisors from 2018 through 2023
consistently document Allgeier's appointment to the employee position of Township Road
Superintendent.
a. Allgeier was not employed in any full-time capacity during his service as a
Township Supervisor other than in those of Township Garage Employee or
Township Road Superintendent.
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 Township Auditor
organizational meetings for Allgeier's employment as the Township Road Superintendent
as shown below:
Meeting Date Position Wage/Hour
Jan 3, 2018 Road Superintendent $27.10
Jan 8, 2019 Road Superintendent $27.50
Jan 7, 2020 Road Superintendent $27.90
Allgeier, 22-0068-C
Page 6
Meeting Date Position Wage/Hour
Jan 5, 2021 Road Superintendent $28.30
a. Allgeier was aware of the requirement for the Township Auditors to set the
compensation for working supervisors as mandated by the Second Class Township
Code.
1. Allgeier was present at each Township Auditor organizational meeting from
2018 through 2023 where his wages and benefits were established.
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 $19 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.
Allgeier, 22-0068-C
Page 7
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.
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 AR -PA,
a. The interim final rule established a framework for determining the types of
programs and services that were eligible under the AR -PA 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;
Allgeier, 22-0068-C
Page 8
SURF 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.
25. The IFR provided specific information relating to the issuance of premium pay from
SURF by NEUs to essential workers including, in part, the following:
a. SURF 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.
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.
Allgeier, 22-0068-C
Page 9
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 ARPA/SLFRF PROGRAM VIA THE PENNSYLVANIA DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT AND ALLGEIER'S RECEIPT OF
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 Hail; 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. Allgeier, Township Supervisors John Bartnicki ("Bartnicki") and Natalie Zimmer
("Zimmer"), 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:
I. 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;
AIl,geier, 22-0068-C
Page 10
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.
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 funds 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 be required to approve the payment of
premium pay.
Allge e •, 22-0068-C
Page I I
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"
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.
Ifthe board ofsupervisors approved the increase for non -supervisor
eligible workers, they could request that the auditors hold a meeting
to consider approving the bonus far 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, Allgeier, Bartnicki,
and Zimmer 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. Allgeier, Bartnicki, and Zimmer 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.
A11 Bier, 22-0068-C
Page 12
1. The Township Supervisors referenced that the funds could be received at
any time after May 10, 2021, based on webinars presented.
C. Allgeier, Bartnicki, and Zimmer 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."
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. Allgeier, Bartnicki, and Zimmer each 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.
f. Social media posting on Twitter (June 2, 2021; June 7, 2021; and July 2, 2021);
Facebook (June 3, 2621); and Linkedin (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);
Allgeie•, 22-0068-C
Page 13
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.
a. Local government entities were required to submit a Single Application for
Assistance electronically to DCED to obtain their allocations.
I. The Single Application for Assistance was available through DCED's ESA
(Electronic Single Application) Login page at
https:Hdced.pa.gov/singleapp.
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 funds 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.
Allacier, 22-0068-C
Page 14
a. The application documented, in part, the following:
I. 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.
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 timetrame 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 full-time Township employees as premium pay for services performed during
the COVID-19 pandemic.
Allgeier, 22-0068-C
Page 15
a. The check request form noted the reason for the check generation as "ARP money."
The $10,000 amount had been previously agreed upon as a result of
discussions held between Allgeier, Bartnicki, and Zimmer.
b. The Check Request Form identified individual $10,000 checks to be generated for
nine separate Township employees, including Allgeier and Bartnicki.
1. Zimmer's name was not documented on the Check Request Form.
C. Bartnicki and Zimmer 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 Allgeier, as detailed below;
Check Date
Cheelc Number
Payee
Gross Amount
Net Amount
July 15, 20.21
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
Biby, 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. Allgeier's signature appears as an authorized Township signatory on all ten
checks.
46. The Township eonvened a regularly scheduled public work session and a legislative Board
meeting on July 12, 2021, and July 13, 2021, respectively.
a. Although the subject of the Township's receipt of ARPA/LFRF 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.
Al�cier, 22-0068-C
Page 16
1. None of the Township Supervisors, including Allgeier, disclosed at the July
12"' or 13", 2021, public meetings that the Township had received its first
allotment of ARPA/LFRF funds.
2. None of the Township Supervisors, including Allgeier, disclosed at either
of the meetings that $10,000 premium pay bonus checks had been approved
and generated for all full-time Township employees.
47. The premium pay bonus checks were issued to the full-time Township employees,
including Allgeier, on or about July 15, 2021.
a. Issuance of the $10,000 premium pay bonuses to the full-time Township
employees, including Allgeier, represented the first expenditure the Township
Supervisors issued from the ARPA/LFRF funds the Township received.
1. 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 Allgeier, thirteen days after
receipt of the fiords.
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 Allgeier, 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
$18,943.76 from ARPA funds.
Allgeier., 22-0068-C
Page 17
b. No disclosure was made at the meeting by Allgeier, Bartnicki, or Zimmer regarding
the premium pay bonuses issued to full-time Township employees on or about July
15, 2021.
50. Allgeier maintains a personal, joint checking account with his spouse, Karen Allgeier, at
Northwest Bank.
a. The account was opened on May 15, 2003.
b. Allgeier and his spouse each hold signature authority over the account.
1. Only one authorized signature is required for account activity.
51. On August 11, 2021, Allgeier deposited Township General Fund check number 44955
dated July 15, 2021, in his name in the amount of $6,440.00, into the joint account at
Northwest Bank over which he maintains signature authority.
a. Allgeier's signature is present endorsing Township check number 44955.
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 AR -PA funds.
Allgeier, 22-0068-C
Page 18
a. Multiple weeks subsequently passed without Bartnicki taking any action on the
situation.
56. Etlu•idge 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.
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. Kennerlcnecht 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.
Allgeier, 22-0068-C
Page 19
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.
I. 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. Allgeier, Bartnicki, and Zimmer voted unanimously to approve Resolution No. 41-
2021.
1. Bartnicki drafted Resolution No. 41-2021 in his capacity as the Township
Secretary.
b. Allgeier, Bartnicki, and Zimmer 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.
Allgeier, 22-0068-C
Page 20
a. Attachment A bore a signature date of October 14, 2021.
Bartnicki affixed the October 14, 2021, date onto Attachment A upon
receipt at the Township office.
b. Quigley did not sign Attachment A.
1. 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 Kennerlmecht'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.
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.
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 Bartnicki, Allgeier, or Zimmer.
68. Allgeier, in his capacity as a Township Supervisor, realized a private pecuniary benefit of
$10,000 when he participated in discussions and actions of the Board to award himself
compensation as an employee in the position of Township Road Superintendent which was
not formally approved by the Township Auditors either prior to or after receipt.
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT ALLGEIER FILED
DEFICIENT STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS
2018, 2020, AND 2021 WHEN HE FAILED TO DISCLOSE ALL DIRECT OR INDIRECT
SOURCES OF INCOME; FOR CALENDAR YEARS 2019 AND 2020 WHEN HE FAILED
TO DISCLOSE THE GOVERNMENTAL ENTITY FOR WHICH HE WAS A PUBLIC
OFFICIAL; AND FOR CALENDAR YEAR 2019 WHEN HE FAILED TO ANSWER
WHETHER HE TRANSFERRED REAL ESTATE TO HIS POLITICAL SUBDIVISION;
WHEN HE FAILED TO ANSWER WHETHER HE RECEIVED ANY GIFT(S) VALUED
Allgeier, 22-0068-C
Page 21
AT $250 OR MORE; WHEN HE FAILED TO ANSWER IF HE HAD ANY OFFICE,
DIRECTORSHIP, OR EMPLOYMENT IN ANY BUSINESS; WHEN HE FAILED TO
ANSWER WHETHER HE HAD ANY FINANCIAL INTEREST IN ANY LEGAL ENTITY
IN BUSINESS FOR PROFIT; AND WHEN HE FAILED TO ANSWER WHETHER HE
HAD ANY BUSINESS INTERESTS TRANSFERRED TO AN IMMEDIATE FAMILY
k 91 A►f " -- :
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 I I04(a) reads, in part, as follows:
"...Any other public employee or public official shall file a
statement of financial interests with the governing authority of the
political subdivision by which he is employed or within which he is
appointed or elected no later than May 1 of each year that he holds
such a position and of the year after he leaves such a position."
70. Allgeier was required to file SFIs by May ISM annually for calendar years 2018 through
2021 in his position of 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)(1) mandates disclosure of name, address, and public
position.
2. Section 1105(b)(3) mandates disclosure of any direct or indirect interest in
any real estate which was sold or leased to the Commonwealth, any of its
agencies or political subdivisions or purchased or leased from the
Commonwealth, any of its agencies or political subdivisions or which was
the subject of any condemnation proceedings by the Commonwealth, any
of its agencies or political subdivisions.
3. Section I I05(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.
4. Section I I05(b)(6) mandates, in part, disclosure of the name and address of
the source and the amount of any gift or gifts valued in the aggregate at
$250 or more and the circumstances of each gift.
5. Section 1105(b)(8) mandates disclosure of any office, directorship, or
employment of any nature whatsoever in any business entity.
Allgcier, 22-0069-C
Page 22
6. Section 1105(b)(9) mandates disclosure of any financial interest in any legal
entity engaged in business for profit.
7. Section 1105(b)(10) mandates disclosure of the identify of any financial
interest in a business with which the reporting person is or has been
associated in the preceding calendar year which has been transferred to a
member of the reporting person's immediate family.
72. Allgeier filed SFIs with the Township for calendar years 2018 through 2021 as follows:
Submission Date
For Calendar
Year
Februar 19,2019
2018
January 22 2020
2019
February 19, 2021
2020
January 29, 2022
2021
73, Allgeier failed to disclose all of his direct or indirect sources of income in Section 10 of
his 2018, 2020, and 2021 calendar year SFIs.
a. Allgeier was employed by and received compensation from the Township in 2018,
2020, and 2021 in his position as a Township Supervisor and in his position as the
Township Road Superintendent as shown below:
2018 wages
Sup f mn
$1,875.00 $64885.21
2019 wages
Sign Cmn
$1,875.00 $64624,30
2020 wages
S Gm�
$1875.00 $49986.05
2021 wages
Sup C, MW
$1,400.00 $71469.13
*Includes $10,000 gross in ARP rinds
b. Section 10, Direct or Indirect Sources of Income, of Allgeier's SFIs for calendar
years 2018, 2020, and 2021 documented only Cellco Partnership dba Verizon
Wireless
74. Allgeier failed to fully identify Greene Township in Section 05, Governmental Entity, on
his SFIs filed for calendar years 2019 and 2020.
a. Section 05 on Allgeier's 2019 and 2020 calendar year SFIs. documented only
"Township" and "Twp," respectively.
75, Allgeier failed to complete/answer Sections 08, Real Estate Interests; 11, Gifts; 13, Office,
Directorship, or Employment in any Business; 14, Financial Interest in any Legal Entity
for Profit; and 15, Business Interests Transferred to Immediate Family Member on his 2019
calendar year SFI.
a. The SFI form utilized by Allgeier for his 2019 calendar year filing specified, in
part, the following at the bottom in bold print:
Allgeier, 22-0068-C
Page 23
"THIS FORM IS CONSIDERED DEFICIENT IF ANY BLOCK ABOVE tS NOT COMPLETED."
III. DISCUSSION:
As a Supervisor for Greene Township ("Township"), Erie County, Pennsylvania, from
January 5, 2004, through January 2, 2022, Respondent Richard Allgeier ("Allgeier") was a public
official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"),
65 Pa.C.S. § 1101 et se__1c ..
The allegations are that Allgeier violated Sections 1103(a), 1105(a), 1105(b)(1),
1105(b)(3), 1105(b)(5), 1105(b)(6), 1105(b)(8), 1105(b)(9), and 1105(b)(10) of the Ethics Act:
(1) When he participated in discussions and actions of the Township ,Supervisors to
award compensation to himself without formal approval by the Township Auditors,
resulting in a private pecuniary benefit to himself,
(2) When he filed a deficient Statement of Financial Interests ("SFI") for calendar year
2018 by failing to disclose all direct and indirect sources of income;
(3) When he filed a deficient SFI for calendar year 2019 by failing to disclose the
governmental entity for which he was a public official; failing to disclose real estate
interests transferred to the Commonwealth; failing to answer whether he received
any gift(s) valued at $250 or more; failing to answer whether he had any office,
directorship, or employment in any business; failing to answer whether he had any
financial interest in any legal entity in business for profit; and failing to answer
whether he had any business interests transferred to an immediate family member;
(4) When he filed a deficient SFI for calendar year 2020 by failing to disclose the
governmental entity for which he was a public official and all direct or indirect
sources of income; and
(5) When he filed a deficient SFI for calendar year 2021 by failing to disclose all direct
or 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 Allgeier's SFIs for calendar
years 2018 through 2021. 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.
Allgeier, 22-0068-C
Page 24
65 Pa.C.S. § 1103(a).
The following terms relevant to Section I I03(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
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.
Allgeier served as a Township Supervisor from January 5, 2004, through January 2, 2022.
Allgeier was Chair of the three -Member Township Board of Supervisors ("Board") from January
6, 2014, through January 2, 2022.
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).
In addition to serving as a Township Supervisor, Allgeier was employed full-time with the
Township. In pertinent part, Allgeier was employed as the Township Road Superintendent from
Allgeier, 22-0068-C
Page 25
January 2, 2007, through January 2, 2022. Allgeier was aware of the requirement that his
compensation as a working Supervisor be set by the Township Auditors, and he was present at
organizational meetings where the Township Auditors determined his 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
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, Allgeier, Township Supervisors John Bartnicki ("Bartnicki") and
Natalie Zimmer ("Zimmer"), 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 Allgeier, Bartnicki, and Zimmer learned that the Township would receive
ARPA/LFRF funds upon applying for the funds 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 funds 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 1-lose 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 Allgeier, Bartnicki, and Zimmer. The net amount of the check payable to
Allgeier, 22-0068-C
Page 26
Allgeier was $6,440.00. Allgeier 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
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 fund 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 Allgeier
realized a private pecuniary benefit of $10,000 when he participated in discussions and actions of
the Board to award himself compensation as an employee in the position of Township Road
Allgeier, 22-0068-C
Page 27
Superintendent 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:
3. The Investigative Division will recommend the following in relation
to the above allegations:
• That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Allgeier participated in
discussions and actions of the Greene Township
Supervisors to award compensation to himself
without formal approval by the Township Auditors,
resulting in a private pecuniary benefit to himself;
and
• That the remaining counts will be nolle prossed.
4. Allgeier 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.
S. Allgeier agrees to file complete and accurate amended Statements
of Financial Interests with Greene Township, through the
Pennsylvania State Ethics Commission, for calendar years 2018,
2019, 2020, and 2021 within thirty (30) days of the issuance of the
final adjudication in this matter.
6. Allgeier 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 Allgeier'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.
Allgeier, 22-0068-C
Page 28
a. Allgeier 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. Allgeier has been advised that all orders become
public records and may be acted upon by law
enforcement as they deem appropriate.
C. The non -referral language contained in this
paragraph is considered an essential part of the
negotiated Consent Agreement.
Consent Agreement, at 1-2.
We accept the recommendation of the parties for a finding of a violation of Section I I03(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 Allgeier used the authority of his public position as a Township Supervisor
when he: (1) had discussions with the other two Township Supervisors with regard to the potential
uses of the ARPA/LFRF fiends 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 himself, a
premium pay bonus in the amount of $10,000; and (2) signed as an authorized Township signatory
premium pay bonus checks for ten Township employees, including himself.
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 Allgeier, was never formally approved by the Township Auditors. As such,
as a result of using the authority of his office as a Township Supervisor, Allgeier 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 Allgeier participated in
discussions and actions of the Township Supervisors to award compensation to himself without
formal approval by the Township Auditors, resulting in a private pecuniary benefit to himself.
As part of the Consent Agreement, Allgeier 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. Allgeier 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. Allgeier has additionally agreed to
file complete and accurate amended SFIs for calendar years 2018 through 2021 with the Township,
through this Commission, within thirty (30) days of the issuance of the final adjudication in this
matter.
All . cier, 22-0068-C
Page 29
We agree that the aforesaid recommendations are appropriate, including the
recommendation that Allgeier file complete and accurate amended SFIs for calendar years 2018
through 2021 notwithstanding the nolle pros as to the allegations regarding deficiencies in his SFIs
for the aforesaid calendar years.
Accordingly, per the Consent Agreement of the parties, Allgeier is directed to make
payment in the amount of $6,000.00 payable to the Township and forwarded to this Commission
by no later than the thirtieth (301h) day after the mailing date of this adjudication and Order.
Allgeier 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 he has not already done so, Allgeier is directed to file complete and accurate
amended SFIs for calendar years 2019 through 2021 with the Township, through this Commission,
by no later than the thirtieth (30'h) 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 5, 2004, through January 2, 2022, Respondent Richard Allgeier ("Allgeier") 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
Allgeier participated in discussions and actions of the Township Supervisors to award
compensation to himself without formal approval by the Township Auditors, resulting in a
private pecuniary benefit to himself.
In Re: Richard Allgeier, File Docket: 22-0068-C
Respondent Date Decided: 6/18/24
Date Mailed: 6/21/24
ORDER NO. 1837
1. A violation of Section I I03(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S.
§ 1103(a), occurred when Richard Allgeier ("Allgeier"), as a Supervisor for Greene
Township ("Township"), Erie County, Pennsylvania, participated in discussions and
actions of the Township Supervisors to award compensation to himself without formal
approval by the Township Auditors, resulting in a private pecuniary benefit to himself.
2. Per the Consent Agreement of the parties, Allgeier 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 (301h) day after the mailing date of this Order.
3. Allgeier 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 he has not already done so, Allgeier is directed to file complete and accurate
amended Statements of Financial Interests for calendar years 2018 through 2021 with the
Township, through this Commission, by no later than the thirtieth (30"') 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. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
- &( /�s
Michael A. Schwartz, Chair