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In Re: Helen Imes,
Respondent
STATE ETHICS COMMISSION
FINANCE BULDING
613 NOR"TH STREET, ROOM 309
HARRISBURG, PA 17120-0400,
File Docket:
Order No.
Date Decide&
Date Mailed:
23-0049-C
1839
6/18/24
6/21/24
Before: Michael A. Schwartz, Chair
Rhonda Hill Wilson, Vice Chair
Paul E. Parsells
David L. Reddecliff
Robert P. Caruso
Emilia McKee Vassallo
Thomas E. Leipold
This is a final adjudication of the State Ethics Commission,
FACSIMILE: 717-787-0806
WE SITE:
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 �jM,, 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 Commission for consideration. The Stipulated Findings are set forth as the Findings in this
Order, The Consent Agreement has been approved.
1. ALLEGATIONS:
That Helen lines, a public official in her capacity as a Member of Council for Loganton
Borough ("Borough"), Clinton County, Pennsylvania, violated Sections 1103(a), 1104(a), and
I I 04(d) of the Ethics Act:
(1) When she participated in discussions and actions of Borough Council leading to
her husband's employment with the Borough, resulting in a private pecuniary
benefit to her husband and/or herself, and
(2,) When she failed to 'file Statements of Financial Interests for calendar year's 2021
and 2022.
lines, 23-0049-C
Page 2
II. FINDINGS:
1. From June 2021 until November 9, 2023, Helen Imes ("Imes") served as a Member of
Council for Loganton Borough ("Borough") in Clinton County, Pennsylvania.
a. The Borough Council ("Council") is comprised of seven Members.
b. Imes was the Chairperson of the Sidewalk and Strectlight Committee and the
Community Park Committee.
C. Imes was a member of the Street and Road Committee and the Outdoor Display
Committee.
2. Council holds regular business meetings on the first Thursday of the month.
3. Voting at the Borough's regular business meetings is not in a roll call fashion after the
motion is made and properly seconded.
a. All objections and/or abstentions should be specifically noted within the meeting
minutes.
b. Imes had no abstention memos filed with the Borough throughout her tenure as a
Member of Council.
4. Minutes of the Borough's business meeting are prepared by the Borough
Secretary/Treasurer.
a. Council Members can review the meeting minutes for accuracy before the
following meeting.
b. Council votes to approve the accuracy of the meeting minutes at each subsequent
meeting.
c. Some Council meetings are recorded by The Clinton County Watchdog citizens
group and posted on YouTube.
S. Council votes to approve the Treasurer's report in its entirety at each monthly business
meeting.
a. Treasurer's reports include bills received and Borough employee payroll costs.
6. Beginning on November 10, 2022, and prior to any official action by Council, Kenneth
Imes ("K. Imes") worked for the Borough approximately five days installing water meters.
7. On November 14, 2022, Imes emailed the Borough's Secretary/Treasurer, Samantha
Tressler ("Tressler"), to request payroll paperwork for K. Imes.
Imes, 23-0049-C
Page 3
a. Figure I is a screenshot of Imes' email to Tressler:
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To; Logontpll 00r000ll..f."W9 ra1&vOnlca °t3l0t>
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Subject: Kenneth K. Imes
Kon his Henri hol) hio Dnttnla and le'Roy put in wteO. 6eliovo he noods W (ill out J)Ap lworl tO gel OkL COLIld You
rdal thool rowdy So 110 could fill mit Tlliusrlay evoning? I -le Is leaviiiil !at' Ilfw C.1111p at 12 nooll oil ra4ay and than
;f�ltiirtt tfeiriil dear se�Scin-
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Figure 1: Novent6er 14. 2022, email fom Imes io Tressler.
b. Tressler forwarded Imes' email to Borough Mayor David Shreckengast
("Shreckengast"), Council President Myron Seyler ("Seyler"), and Council Vice
President Robert Douty ("Douty").
C. In her email to Shreckengast, Seyler, and Douty, Tressler inquired how she should
handle Imes' email since K. Imes was not a Council -approved Borough employee
yet.
d. Tressler made three attempts to try and get a response from the Council Members.
8. At the Borough's December 1, 2022, monthly meeting, Council unanimously voted to
approve hiring K. Imes as a part-time laborer for the Borough.
a. Imes was present for this meeting.
b. A video recording of the December 1, 2022, Borough's monthly meeting shows
Council President Seyler pointing at Imes and saying she should abstain from the
vote to approve hiring K. Imes as a laborer prior to the vote.
1. Council Member Judy Karstetter made the motion and Council Member
Chris Scuff seconded.
2. The motion passed unanimously.
c. The meeting minutes indicated that Imes voted.
Figure 2 is a screenshot taken directly from the Borough's December 1, 2022, meeting minutes:
lrnes, 23-0049-C
Page 4
- Payment of work perfonued by Kenneth Ines
o Paperwork has been received to add Ketnieth Lies as a part time laborer.
■ Judy Karstetter makes a motion to acid Kenneth Imes to the part
time labor poll for Loganton Borough. Chris Scaff seconds.
Motion cairies. Kenneth Miles will be paid during Decembers pay
period.
Figure 2: Goganton Borough's December 1, 2022, Minutes
9, On February 6, 2023, two months after Council had already hired K. Imes, Borough Mayor
Shreckengast emailed the Borough Solicitor, Larry Coploff ("Coploff') requesting advice
concerning the employment of K. Imes.
a. On February 16, 2023, Coploff responded that the hiring of the spouse of an elected
official is not an Ethics Act violation and referenced an unnamed 1991
Pennsylvania Supreme Court case that noted that although the member voted, his
vote was not needed for the motion to hire to pass,
i . However, Coploff also explained that a Council Member should abstain
from any vote involving a spouse's employment by the Borough.
10. On March 13, 2023, Coploff again emailed Shreckengast explaining how a Council
Member should obtain an opinion from the State Ethics Commission and state the
relationship before voting.
a. Shrenkengast responded to Coploff inquiring whether Imes must obtain advice
from the State Ethics Commission,
b. Coploff explained that if Imes abstains and states the reason for doing so, she will
not need an opinion.
C. However, Coploff explained if Imes wants to vote she should obtain an
opinion and abide by the terms of the opinion.
11. K. Imes was compensated $16/hour during the pay period of December 1, 2022, through
December 31, 2022.
a. K. Imes' pay rate increased to $17/hour after the January 5, 2023, Borough
reorganization meeting.
12. K. Imes earned $1,836.00 between December 1, 2022, and June 23, 2023.
a. K. Imes cashed each check received from the Borough at First National Bank.
b. Charted in Figure 3 are the laborer check stubs from the Borough for K. Imes:
Imes, 23-0049-C
Page 5
Kenneth Imes' Check Stubs — December 2022
through June 2023
Pay Period
Hours
Rate
Current
YTD Amount
Date Paid
12/01/2022 - 12/31/2022
25:30:00
$16.00
$408,00
$408.00
12/31/2022
12/31/2022 - 01/20/2023
49:45:00
$17.00
$845.75
$845,75
1/28/2023
02/01/2023 - 02/29/2023
2:00:00
$17.00
$34,00
$879.75
2/28/2023
03/01/2023 - 03/31/2023
5:30:00
$17.00
$93.50
$973.25
3/31/2023
04/01/2023 - 04/30/2023
2:00:00
$17.00
$34.00
$1,007.25
4/27/2023
04/22/2023 - 05/21/2023
18:15:00
$17.00
$310.25
$1,317.50
5/27/2023
05/24/2023 - 06/23/2023
6:30:00
$17.00
$110.50
$1,426.00
6/24/2023
$1,836.00
Figure 3: K. fines' Check Stubs
13. Between December 2022 and June 2023, Imes participated in Council actions to
approve the Borough's Treasurer's reports which included the Borough employee payroll
expenses.
a. K. Imes' payroll expenses were included in these Treasurer's reports.
b. The Council Members vote and approve the Treasurer's reports in their entirety.
C. Charted in Figure 4 are K. Imes' payroll expenses and Imes' actions:
Loganton Borough's Treasurer Reports and Imes' Council Actions
Repo rfingTimefraine
Date
Check
Number
Name
Type of Expense
Amount
Borough
Meeting Date
Imes's
Actions
Vote
12/21/2022 - 1/20%2023
12/31/2022
11672
Kenneth R Imes
Payroll Expenses
$410.45*
2/1/2023
Second/Vote
6-0
1/21/2023-2/20/2023
1/28/2023
11713
Kenneth R Imes
Payroll Expenses
$845.75
3/2/2023
Vote
6-0
2/21/2023 - 3/20/2023
2/28/2023
11734
Kenneth R Imes
Payroll Expenses
$34.00
4/6/2023
Vote
6-0
3/21/2023 - 4/20/2023
3/31/2023
11769
Kenneth R Imes
Payroll Expenses
$93.50
5/11/2023
Vote
6-0
4/21/2023 - 5/20/2023
4/27/2023
11795
Kenneth R Imes
Payroll Expenses
$34.00
6/1/2023
Vote
6-0
5/21/2023 - 6/20/2023
5/27/2023
11826
Kenneth R Imes
Payroll Expenses
$310.25
7/13/2023
Second/Vote
6-0
6/21/2023 — 7/20/2023
6/24/2023
11848
Kenneth R Imes
Payroll Expenses
$110.50
8/3/2023
Vote
6-0
* Loganton Barough General Funs! Transaction Detail shows an additional .h2.4.) payroll expense to Kenneth K. Imes that aoes
not appear on a pay check stub in Figure 4 above.
Figure 4: K. Imes' payroll expenses and Imes' actions
14. As part of a compliance review, the Investigative Division reviewed Imes' Statements of
Financial Interests ("SFIs") for calendar years 2020 through 2022.
a. Imes' SFI for calendar year 2020 had no deficiencies.
b. The Investigative Division was unable to locate the 2021 SFI, although later
investigation revealed that Imes had timely filed it, and there were no deficiencies.
C. The 2022 SFI was deficient.
Imes, 23-0049-C
Page 6
15. On October 13, 2023, during the course of the investigation in this matter, Imes' attorney
provided the Investigative Division with Imes' SFIs for calendar years 2020 through 2022.
a. Imes' SFI for calendar year 2022 was deficient as follows.
Imes failed to disclose her occupation/profession as a Council Member in
Box #6.
2. Imes failed to check the box for "none" to disclose the address of any
property involved in transactions with the Commonwealth or any
governmental body within the Commonwealth in Box #8.
3. Imes failed to check the box for "none" to disclose the name and address of
any creditor and the interest rate of any debt of $6,500 in Box 49.
4. Imes failed to check the box for "none" to disclose the source of any gifts
valued at $250 or more in Box #11.
Imes failed to check the box for "none" to disclose the name and address of
each source and the amount of payment/reimbursement for transportation,
lodging, or hospitality in Box #12.
6. Imes failed to check the box for "none" to disclose the name and address of
the business entity for any office or directorship held and employment in
any business in Box #13.
7. Imes failed to check the box for "none" to disclose the name and address
and interest held in any business for profit in Box #14.
8. Imes failed to check the box for "none" to disclose the name and address
of any business in which a financial interest was transferred to a member
of her immediate family in Box #15.
III. DISCUSSION:
As a Member of Council for Loganton Borough ("Borough"), Clinton County,
Pennsylvania, from June 2021 until November 9, 2023, Respondent Helen Imes ("Imes") 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 ..
Act:
The allegations are that Imes violated Sections 1103(a), 1104(a), and 1104(d) of the Ethics
(1) When she participated in discussions and actions of Borough Council leading to
her husband's employment with the Borough, resulting in a private pecuniary
benefit to her husband and/or herself; and
lines, 23-0049-C
Page 7
(2) When she failed to file Statements of Financial Interests for calendar years 2021
and 2022.
Per the Consent Agreement, the Investigative Division has exercised its prosecutorial
discretion to nolle pros the allegation regarding Imes' Statements of Financial Interests. We
therefore need not address that allegation.
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.
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.
"Immediate family." A parent, spouse, child, brother or
sister.
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
benefit of the public official/public employee himself, any member of his immediate family, or a
Imes, 23-0049-C
Page 8
business with which he or a member of his immediate family is associated. A spouse is a member
of "immediate family" as the Ethics Act defines that term.
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.
Borough Council ("Council") is comprised of seven Members. From June 2021 until
November 9, 2023, Imes served as a Member of Council.
Kenneth Imes ("K. Imes") is Imes' spouse. Beginning on November 10, 2022, and prior
to any official hiring action by Council, K. Imes worked approximately five days for the Borough,
assisting with the installation of water meters. On November 14, 2022, Imes emailed the Borough
Secretary/Treasurer, Samantha Tressler ("Tressler"), to request payroll paperwork for K. Imes.
Since K. Imes was not yet a Council -approved Borough employee, Tressler forwarded Imes' email
to Borough Mayor David Shreckengast ("Shreckengast"), Council President Myron Seyler, and
Council Vice President Robert Douty and inquired how she should handle the matter. Tressler
made three attempts to get a response.
At Council's December 1, 2022, monthly meeting, Imes participated in a unanimous vote
that approved hiring K. Imes as a part-time laborer for the Borough. Between December 1, 2022,
and June 23, 2023, K. Imes received paychecks totaling $1,836.00 from the Borough for working
various hours each pay period during that time frame. Imes participated in seven unanimous votes
of Council that approved Treasurer's reports which included K. Imes' payroll expenses for the
period of December 1, 2022, through June 23, 2023.
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:
a. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Imes participated in
discussions and actions of Loganton Borough
Council leading to her husband's employment with
the Borough, resulting in a private pecuniary benefit
to her husband and/or herself.
b. The remaining count will be nolle prossed, as the
investigation revealed that Imes fled Statements of
Financial Interests for calendar years 2021 and 2022,
Imes, 23-0049-C
Page 9
although the 2022 Statement of Financial Interests
had deficiencies.
4. Imes agrees to make payment in the amount of $91 &00 in settlement
of this matter payable to Loganton Borough, and forwarded to the
Pennsylvania State Ethics Commission, within thirty (30) days of
the issuance of the final adjudication in this matter.
5. To the extent that Imes has not already done so, Imes agrees to file
complete and accurate Statements of Financial Interests with
Loganton Borough, through the Pennsylvania State Ethics
Commission, for calendar years 2021 and 2022 within thirty (30)
days of the issuance of the final adjudication in this matter.
6. Imes agrees to not accept any reimbursement, compensation or other
payment from Loganton Borough 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 Imes' 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. Imes 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. Imes 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 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
Imes used the authority of her public position as a Member of Council when she voted to approve
hiring her spouse as a part-time laborer for the Borough and voted to approve Treasurer's reports
Imes, 23-0049-C
Page 10
that included her spouse's payroll expenses. Based upon the Consent Agreement, it appears that
the parties are in agreement that both Imes and her spouse realized a private pecuniary benefit as
a result of her use of the authority of her office in matters involving her spouse's employment with
the Borough.
Based upon the Stipulated Findings and Consent Agreement, we hold that a violation of
Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Imes participated in
discussions and actions of Council leading to her husband's employment with the Borough,
resulting in a private pecuniary benefit to her husband and/or herself.
As part of the Consent Agreement, Imes has agreed to make payment in the amount of
$918.00 payable to the Borough and forwarded to this Commission within thirty (30) days of the
issuance of the final adjudication in this matter. Imes has agreed to not accept any reimbursement,
compensation or other payment from the Borough representing a full or partial reimbursement of
the amount paid in settlement of this matter. To the extent she has not already done so, Imes has
agreed to file complete and accurate Statements of Financial Interests for calendar years 2021 and
2022 with the Borough, through this Commission, within thirty (30) days of the issuance of the
final adjudication in this matter. (It appears that the Consent Agreement's reference to Imes filing
a complete and accurate Statement of Financial Interests for calendar year 2021 is a typographical
error given that the Stipulation of Findings indicates that her Statement of Financial Interests for
calendar year 2021 was timely filed with no deficiencies.)
We agree that the aforesaid recommendations are appropriate, including the
recommendation that Imes file a complete and accurate Statement of Financial Interests for
calendar year 2022, notwithstanding the nolle pros as to the allegation regarding Imes' Statements
of Financial Interests.
Accordingly, per the Consent Agreement of the parties, Imes is directed to make payment
in the amount of $918.00 payable to the Borough and forwarded to this Commission by no later
than the thirtieth (301h) day after the mailing date of this adjudication and Order.
Imes is directed to not accept any reimbursement, compensation or other payment from the
Borough representing a full or partial reimbursement of the amount paid in settlement of this
matter.
To the extent she has not already done so, Imes is directed to file a complete and accurate
Statement of Financial Interests for calendar year 2022 with the Borough, 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 Member of Council for Loganton Borough ("Borough"), Clinton County,
Pennsylvania, from June 2021 until November 9, 2023, Helen Imes ("Imes") was a public
Imes, 23-0049-C
Page I I
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 Imes
participated in discussions and actions of Borough Council leading to her husband's
employment with the Borough, resulting in a private pecuniary benefit to her husband
and/or herself.
In Re: Helen Imes, File Docket: 23-0049-C
Respondent Date Decided: 6/18/24
Date Mailed: 6/21/24
ORDER NO. 1839
A violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S.
§ 1103(a), occurred when Helen Imes ("Imes"), as a Member of Council for Loganton
Borough ("Borough"), Clinton County, Pennsylvania, participated in discussions and
actions of Borough Council leading to her husband's employment with the Borough,
resulting in a private pecuniary benefit to her husband and/or herself.
2. Per the Consent Agreement of the parties, Imes is directed to make payment in the amount
of $918.00 payable to Loganton Borough and forwarded to the Pennsylvania State Ethics
Commission by no later than the thirtieth (301h) day after the mailing date of this Order.
Imes is directed to not accept any reimbursement, compensation or other payment from the
Borough representing a full or partial reimbursement of the amount paid in settlement of
this matter.
4. To the extent she has not already done so, Imes is directed to file a complete and accurate
Statement of Financial Interests for calendar year 2022 with the Borough, through the
Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) 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.
Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Michael A. Schwartz, Chair