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HomeMy WebLinkAbout1838 BartnickiPHONE 717-783-1610 TOLL. FREE: 1-800-932-0936 In Re: John Bartnicki, Respondent S'YATE ETHICS COMMISSION FINANCE BUILDING 613 NOITH-i SI'REET, ROOM 309 HARRISBURG, PA 17120-0400 File Docket: Order No. Date Decided. Date Mailed: 22-0069-C 1838 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 Imal adjudication of the State Ethics Commission.1 FACSIM E: 717-787-0806 WEBSITE: I11i5.p .9ov, 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. ALLEGATIONS: That John Bartnicki, a public official in his capacity as a Supel-visorforGreene Township, Erie County, Pennsylvania, violated Sections 1103(a), 1105(a), 1105(b)(3), and 1105(b)(5) 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, ' Commissioner Robert P. Caruso recused himself from this matter and did not participate in the deliberations involving this case. Bartnicki, 22-0069-C Page 2 (2) When he filed a deficient Statement of Financial Interests ("SFI") for calendar year 2018 by failing to disclose all direct or indirect sources of income; and (3) When he filed a deficient SFI for calendar year 2022 when he failed to answer whether he had any direct or indirect interests in any real estate which was sold or leased to the Commonwealth. IL FINDINGS: 1. John D. Bartnicki ("Bartnicki") has served as a Supervisor for Greene Township ("Township"), Erie County, from January 2, 2018, through the present. a. Bartnicki has served as Chair of the Township Board of Supervisors (`Board") from January 3, 2022, through the present. b. Bartnicki served as Vice -Chair of the Board from January 2, 2018, to January 3, 2022. C. Bartnicki has been employed in a full-time capacity as the Township Secretary during his entire tenure 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. 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. Bartnicki, 22-0069-C Page 3 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. I. 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. 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. 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. Bartnicki, 22-0069-C Page 4 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. 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. " Bartnicki, 22-0069-C Page 5 12. Annual reorganization meetings of the Township Supervisors from 2018 through 2023 consistently document Bartnicki's appointment to the employee position of Township Secretary. a. Bartnicki was not employed in any fitll-time capacity during his service as a Township Supervisor other than in that of Township 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 Bartnicki's employment as the Township Secretary as shown below: Meeting Date Position Wage/Hour Jan 3, 2018 Secretary $17.50^ Jan 8, 2019 Secretary $18.50 Jan 7, 2020 Secretary $19.40 Jan 5, 2021 Secretary $20.00 Jan 4, 2022 Secretary $20.00 Jan 4, 2023 Secretary $21.50 "Auditors authorized a $ 1.00 per hour raise if/once Bartnicki obtained a Class A Commercial Driver's License and a $0.50 per hour raise it/once Bartnicki obtained a notary license. a. Bartnicki 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. Bartnicki was present at each Township Auditor organizational meeting from 2018 through 2023 where his wages and benefits were established and also attended a local, new Supervisor "boot -camp" training sponsored by the Pennsylvania State Association of Township Supervisors ("PSATS") in 2018. Bartnicki, 22-0069-C Page 6 THE FOLLOWING FINDINGS RELATE TO THE COVID-19 PANDEMIC AND STEPS TAKEN BY THE UNITED STATES GOVERNMENT TO PROVIDE AIDIRELIEF 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. i. Municipalities with fewer than 50,000 residents were generally identified as NEUs. 20. NEUs were to receive their funding through their state governments. Bartnicki, 22-0069-C Page 7 a. SLFRF fiends 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 COV1D-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. 25. The 1FR provided specific information relating to the issuance of premium pay from SLFRF by NEUs to essential workers including, in part, the following: Bartnicki, 22-0069-C Page 8 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. 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. 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. 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 ARPA/SLFRF PROGRAM VIA THE PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AND BARTNICKI'S RECEIPT OF PREMIUM PAY FROM THOSE FUNDS WITHOUT FIRST RECEIVING AUDITOR APPROVAL. Bartnicki, 22-0069-C Page 9 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. Bartnicki, Township Supervisors Richard Allgeier ("Allgeier") 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 the 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. CC. Replacing lost revenue for the provision of government services due to the COVID-19 emergency. Bartnicki, 22-0069-C Page 10 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 fiends 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 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 rioted 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. 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 " Bartnicki, 22-0069-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 for 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, Bartnicki, Allgeier, 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. Bartnicki, Allgeier, 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." 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. 1. The Township Supervisors referenced that the funds could be received at any time after May 10, 2021, based on webinars presented. C. Bartnicki, Allgeier, 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 $222,009 in ARPA funds and supplemental appropriations to be made from the allocation for Bartnicki, 22-0069-C Page 12 "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. Bartnicki, Allgeier, 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. G. 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 (.tune 2, 2021; June 7, 2021; and July 2, 2021); Facebook (June 3, 2021); 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); 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. Bartnicki, 22-0069-C Page 13 1. The Single Application for Assistance was available through DCED's ESA (Electronic Single Application) Login page at https:Hdced.pa.gov/sinjzleapp. 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 C. 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. a. The application documented, in part, 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. 3. Allgeier as the Authorized Representative/Chief Elected Official in his capacity as Chairman of the Board. Bartnicki, 22-0069-C Page 14 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 fiends 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. 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 Bartnicki, Allgeier, and Zimmer. b. The Check Request Form identified individual $10,000 checks to be generated for nine separate Township employees, including Bartnicki and Allgeier. 1. Zimmer's name was not documented on the Check Request Form. Bartnicki, 22-0069-C Page 15 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 Bartnicki, as detailed below: Cheek Date Check Number Payee Gross Amount Net Amount July 15, 2021 44955 Allgeier, Richard $10,000.00 $6,440.00 Jury 15, 2021 44956 Barlulckl, 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, (Jana $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 $5,922.00 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. Bartnicki'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. 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. None of the Township Supervisors, including Bartnicki, disclosed at the July 12'h or 13"', 2021, public meetings that the Township had received its first allotment of ARPA/LFRF funds. 2. None of the Township Supervisors, including Bartnicki, 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 Bartnicki, on or about July 15, 2021. Bartnicki, 22-0069-C Page 16 a. Issuance of the $10,000 premium pay bonuses to the full-time Township employees, including Bartnicki, 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 Bartnicki, thirteen days after receipt of the funds. The Township Supervisors approved and authorized the issuance of the checks outside of a public meeting setting without a formal public vote. 48. Jim Kennerlmecht ("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 Bartnicki, 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. b. No disclosure was made at the meeting by Bartnicki, Allgeier, or Zimmer regarding the premium pay bonuses issued to full-time Township employees on or about July 15, 2021. 50. Bartnicki is a member at Americo Federal Credit Union ("Americo") a. Bartnicki maintains three separate account types at Americo, including a savings account, Christmas Club account, and a checking account. Bartnicki, 22-0069-C Page 17 51. On July 15, 2021, at approximately 4:14 p.m., Bartnicki negotiated Township General Fund check number 44956, dated July 15, 2021, in his name in the amount of $6,921,00, at Americo located at 4101 Main Street, Erie, PA 16511. a. Bartnicki's signature is present endorsing Township check number 44956. b. Bartnicki received $6,821.00 in cash. 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. a. Bartnicki was aware of Ethridge's intent to present the document to the Township Auditors for consideration. Bartnicki, 22-0069-C Page 18 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. 1. Kennerknecht and Kaliszewski signed the document under the belief that the Township could lose the ARPA/LFRF funds if they did not. BartMicki, 22-0069-C Page 19 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. Bartnicki, Allgeier, 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. Bartnicki, Allgeier, 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. 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. 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. Bartnicki, 22-0069-C Page 20 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 Bartnicki, Allgeier, or Zimmer. 68. Bartnicki, 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 Secretary which was not formally approved by the Township Auditors either prior to or after receipt. THE FOLLOWING FINDINGS ARE RELATED TO ALLEGATIONS THAT BARTNICKI FILED DEFICIENT STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEAR 2018 WHEN HE FAILED TO DISCLOSE ALL DIRECT OR INDIRECT SOURCES OF INCOME AND FOR CALENDAR YEAR 2022 WHEN HE FAILED TO ANSWER WHETHER HE HAD ANY DIRECT OR INDIRECT INTERESTS IN REAL ESTATE WHICH WAS SOLD OR LEASED TO THE COMMONWEALTH. 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." Bartnicki, 22-0069-C Page 21 70, Bartnicki was required to file an SFI by May I" annually for calendar years 2018 through 2022 in his 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. 1. Section l 105(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. 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. 72. Bartnicki filed SFIs with the Township for calendar years 2018 through 2022 as follows: Submission Date For Calendar Year January 4, 2019 2018 January 22, 2020 2019 January 18, 2021 2020 January 4, 2022 2021 January 11, 2023 2022 73, Bartnicki failed to disclose the Township as a direct or indirect source of income in Section 10 of his 2019 calendar year SFI. a. Bartnicki was employed by and received compensation from the Township in 2018 in his position as a Township Supervisor and in his position as the Township Secretary totaling at least $37,579.83. b. Section 10, Direct or Indirect Sources of Income, of Bartnicki's SFI for calendar year 2018 was marked "None." 74. Bartnicki failed to complete Section 8 of his SFI filed for calendar year 2022. a. Section 8 on Bartnicki's 2022 calendar year SFI was blank. b. The SFI form utilized by Bartnicki for his 2022 calendar year filing specified, in part, the following at the bottom in bold print: "THIS FORM IS CONSIDERED DEFICIENT" IF ANY BLOCK ABOVE IS NOT COMPLETED." Bartnicki, 22-0069-C Page 22 III. DISCUSSION: As a Supervisor for Greene Township ("Township"), Erie County, Pennsylvania, from January 2, 2018, through the present, Respondent John Bartnicki ("Bartnicki") has been 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 Bartnicki violated Sections 1103(a), 1105(a), 1105(b)(3), and 1105(b)(5) 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 or indirect sources of income; and (3) When he filed a deficient Statement of Financial Interests for calendar year 2022 when he failed to answer whether he had any direct or indirect interests in any real estate which was sold or leased to the Commonwealth. Per the Consent Agreement, the Investigative Division has exercised its prosecutorial discretion to nolle pros the allegations pertaining to deficiencies in Bartnicki's SFIs for calendar years 2018 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 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. Bartnicki, 22-0069-C Page 23 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. Bartnicki has served as a Township Supervisor from January 2, 2019, through the present. Bartnicki was Vice -Chair of the three -Member Township Board of Supervisors ("Board") from January 2, 2018, through approximately 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). Bartnicki has been employed full-time with the Township as the Township Secretary throughout his tenure as a Township ,Supervisor. Bartnicki 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 COV1D-1.9 pandemic. Bartnicki, 22-0069-C Page 24 On March 22, 2021, Bartnicki, Township Supervisors Richard Allgeier ("Allgeier") 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 Bartnicki, Allgeier, 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 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 Bartnicki, Allgeier, and Zimmer. The net amount of the check payable to Bartnicki was $6,821.00. Bartnicki 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 Bartnicki, 22-0069-C Page 25 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 Kennerlcnecht 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 Bartnicki 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 Secretary 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: The Investigative Division will recommend the following in relation to the above allegations: Bartnicki, 22-0069-C Page 26 a. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Bartnicki 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 b. That the remaining counts will be nolle prossed. 4. Bartnicki 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. Bartnicki agrees to file complete and accurate amended Statements of Financial Interests with Greene Township, through the Pennsylvania State Ethics Commission, for calendar years 2018 and 2022 within thirty (30) days of the issuance of the final adjudication in this matter. 6. Bartnicki 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 Bartnicki'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. Bartnicki 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. Bartnicki has been advised that all orders become public records and may be acted upon by law enforcement as they deem appropriate. Bartnicki, 22-0069-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 a 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 Bartnicki 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 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 himself, 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 himself; and (3) 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 Bartnicki, was never formally approved by the Township Auditors. As such, as a result of using the authority of his office as a Township Supervisor, Bartnicki 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 Bartnicki 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, Bartnicki 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. Bartnicki 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. Bartnicki has additionally agreed to file complete and accurate amended SFIs for calendar years 2018 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 Bartnicki file complete and accurate amended SFIs for calendar years 2018 and 2022 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, Bartnicki is directed to make payment in the amount of $6,000.00 payable to the Township and forwarded to this Commission Bartnicici, 22-0069-C Page 28 by no later than the thirtieth (30111) day after the mailing date of this adjudication and Order. Bartnicici 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, Bartnicici is directed to file complete and accurate amended SFIs for calendar years 2018 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 2, 2018, through the present, Respondent John Bartnicki ("Bartnicici") has been 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 Bartnicici 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: John Bartnicki, File Docket: 22-0069-C Respondent Date Decided: 6/18/24 Date Mailed: 6/21 /24 ORDER NO. 1838 A violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when John Bartnicki ("Bartnicki"), 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, Bartnicki 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'h) day after the mailing date of this Order. 3. Bartnicki 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, Bartnicki is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2018 and 2022 with the Township, through this Commission, by no later than the thirtieth (30th) day after the mailing date of this Order. 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, Af A -_ Michael A. Schwartz, Chair