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HomeMy WebLinkAbout1323 LomireIn Re: John Lomire File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Daneen E. Reese Donald M. McCurdy Michael Healey Paul M. Henry Raquel K. Bergen 02- 094 -C2 Order No. 1323 6/8/04 6/16/04 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. §§ 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of its investi9ation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investi9ation the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Lomire 02- 094 -C2 Page 2 I. ALLEGATION: That John Lomire, a (public official /public employee) in his capacity as a supervisor for Lower Providence Township, Montgomery County, violated Sections 1103(a), 1104(a) and 11 05 b (8)(9) provisions of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. § §1103(a), 1104(a) and 1105(b)(8)(9) when he used the authority of his office for the actual or attempted private pecuniary gain of himself and /or a business with which he is associated, Shared Tenant & Technology Services, LLC, by participating in discussions and actions of the board of supervisors regarding approvals for the Shannondell Retirement Community at a time when Shared Tenant & Technology Services was contracting with the developers of Shannondell to install television, telephone and internet lines for the Shannondell community; when he failed to file a Statement of Financial Interests for the 2001 calendar year by May 1, 2002; when he failed to list his office, directorship or employment in STTS and the percentage of his financial interests in STTS on Statements of Financial Interests filed for the 2002 calendar year. II. FINDINGS: 1. John Lomire was elected to the position of Supervisor for Lower Providence Township, Montgomery County, during the November 2001 general election. 2. John Lomire was sworn into office at the January 7, 2002 reorganization meeting of the Lower Providence Township Board of Supervisors. a. Lomire served as Chairman of the Board of Supervisors in 2002. 3. Lower Providence Township is governed by a five (5) member board of supervisors. 4. Pennsylvania Department of State, Corporation Bureau records confirm that on May 31, 2002, Lomire filed a Certificate of Organization, Domestic Limited Liability Company in the name of Shared Tenant Technology Services, Inc. (STTS). a. Lomire is listed as the organizer. b. An effective date of June 1, 2002, is listed. c. The nature of the company business is a cable and telecommunication provider. 5. John Lomire is a principal of Shared Tenant Technology Services (STTS). 6. Lomire signed and filed Statements of Financial Interests for the 2001 and 2002 calendar years with the township. a. The filing for calendar year 2001 was on SEC -1, Rev. 1/98 and filed on January 28, 2003. 1. The form was required to have been filed by May 1, 2002. b. Lomire's filing for calendar year 2002 was on form SEC -1, Rev. 1/03 was received by the township on February 6, 2003. 7. Lomire disclosed that he had a financial interest in STTS on the 2202 [sic] calendar year filing. 8. Shannondell is a retirement community being built in Lower Providence Township. a. The developer of Shannondell, Inc. is the Neilson family. Lomire 02- 094 -C2 Page 3 b. Neilson family entities involved in the Shannondell project are: SWD101 Funk Farms, LLC Fast Phase, LLC Audubon Farms, LP Seven County View, Inc. Providence Builders Mine Run, Inc. Audubon Farms Associates, LLC Audubon Land Development Co. Dell Properties c. The Audubon Land Development Company is owned /operated by the Neilson family. 9. The Shannondell Retirement Community when completed will consist of four "neighborhoods" each consisting of 500 units, a community center and health center. a. The community, when completed, will include 2,500 living units, which includes 500 skilled and assisted living units. b. The project is being built in five (5) phases with an estimated six year time frame for completion. 10. Preliminary and final plans for the Shannondell development were approved by the Lower Providence Board of Supervisors prior to 2002. a. Lomire was not a member of the board when the plans and use permits were approved. 11. In or about April 2000 Lomire entered into discussions with Don Neilson, Jr., of Shannondell, regarding Lomire's proposal to provide telecommunications, cable television, internet service, and computer -wide area networking for the Shannondell community. a. At that time the Neilsons were involved with another company to supply telecommunications services. 12. In or about March 2001 Lomire and the Neilsons renewed discussions regarding Lomire providing telecommunication services for the Shannondell project. a. The discussions were renewed because the other provider had filed for bankruptcy. b. Between April 2001 and September 2001 Lomire put together pricing plans and discussed the project with the Neilsons. c. In late September 2001 a verbal agreement was reached between Lomire and the Neilsons. d. Between October 2001 and September 2002 terms of the contract were negotiated. e. Lomire filed corporate documents for STTS on May 24, 2002. f. The contract was signed by Lomire and the Neilsons on September 5, 2002. 1. This was after Lomire took office as a Lower Providence Township supervisor and chairman of the board. Lomire 02- 094 -C2 Page 4 13. Lomire's contract with the Neilson's signed on September 5, 2002, provides that STTS will be responsible for the installation of CATV services, internet services and telephone services for the Shannondell complex. a. STTS would be a re- seller of CATV, internet and telephone services to Shannondell. 1. STTS sets the fee schedule for all of these services. b. The term of the agreement is for fifteen years and may be renewed for up to five (5) additional year terms if mutually agreeable. 14. Lomire began performing services at the Shannondell site prior to the signing of the contract on September 5, 2002. a. On May 24, 2002, Lomire applied for a Use and Occupancy Permit in the name of STTS for a temporary job trailer to be used at the Shannondell site. b. Lomire participated in Shannondell construction meetings at least since July 10, 2002. 15. Permits have been issued by LPT to Shannondell as follows: a. Residential Building No. 1 Permit No. Date Type 00 -0628 02/21/02 Foundation 4174 04/03/02 Electrical 3780 08/26/02 Plumbing 00 -1105 10/09/02 HVAC 00 -1136 10/28/02 Sprinkler b. Residential Building No. 3 Permit No. Date Type 00 -0653 03/15/02 Building 4170 03/25/02 Electrical 00 -1135 10/28/02 Sprinkler 4368 03/05/03 Electrical 3832 03/05/03 Plumbing c. Residential Building No. 5 Permit Date Type 00 -1264 01/28/03 Building 00 -1553 06/30/03 HVAC 3883 06/24/03 Plumbing 00 -1674 08/13/03 Addition — Link RB #3 and RB #5 to Com. Building 00 -1077 09/26/02 Foundation d. Community Building Permit No. Date Type 00 -0549 12/11/01 Foundation 00 -0604 01/31/02 Foundation Lomire 02- 094 -C2 Page 5 00 -0652 03/14/02 Building 3697 03/11/02 Plumbing Permit No. Date Type 4169 03/25/02 Electrical 00 -1134 10/28/02 Sprinkler 00 -1155 11/07/02 Install Pool 00 -1281 02/26/03 Bank Alteration 00 -1376 04/11/03 Health Care Center 16. Keystone Municipal Services provided code enforcement, zoning and building inspection services for LPT from May 10, 2001, to September 19, 2002. a. Keystone was responsible for issuing building permits for the Shannondell project. b. Michael Imperial performed building inspection services for Keystone at LPT sites. 17. The initial permit applications submitted by Shannondell for Phase I buildings 1 and 3 were approved prior to September 2002 following a review of the plan specifications by the township. a. Permits for buildings 1 and 3 were issued during February and March 2002. b. The community building permit was issued in January 2002. 18. Prior to the issuance of building permits, the Conditional Use Permit issued on October 15, 1998, required Shannondell to file a revised sketch plan to include: Details of the buildings Number of stories of each building Number of dwelling units in each building Parking areas with required parking Active and passive recreational areas Yard setbacks Delineation of flood plan 19. In or about late August 2002 Imperial met with Don Neilson of Shannondell who informed Imperial that a footer and foundation permit for Building No. 5 was needed. a. Building No. 5 is located in Phase I. b. Imperial advised Neilson that as a result of a prior township agreement which required details of the buildings to be provided, he could not issue the permit without the specifications. 1. Imperial was referring to the Conditional Use Permit. c. Imperial did not issue the permit. d. Neilson informed Imperial that he would get the matter resolved. 20. A foundation permit, at that time, was different from a building permit. 21. After Imperial denied the permit, Shannondell officials requested the board of supervisors approve the permit. Lomire 02- 094 -C2 Page 6 22. Lomire thereafter, as chairman of the board, oversaw actions to have KMS removed when he directed an e-mail on September 9, 2002, to the board of supervisors requesting the termination. a. KMS was removed as township code enforcement officer during a meeting of the board of supervisors held on September 19, 2002. b. The vote was 5 -0. c. The action to remove KMS occurred after Imperial denied Don Neilson's request for the permit. 23. On September 19, 2002, Linda Beiler, Vice President, Audubon Land Development Corporation, submitted a letter to the township requesting a foundation permit for residential building no. 5 at Shannondell. a. Beiler noted a desire to have the foundation set and in place prior to the onset of the winter months. b. The letter was received by the township on September 19, 2002, at 11:59 a.m. c. This was the building which Imperial denied a building permit. 24. The letter was submitted only after Shannondell representatives were finally made aware that a new set of procedures were going to be put in place that would be different from what the protocol had been for the previous buildings. a. They were told at that point that a disclosure and indemnification resolution would need to be signed with the understanding that foundation permits would not be issued moving forward but would rather become part of the overall building permit protocol. 25. The LPT Board of Supervisors met on September 19, 2002. a. Included on the agenda under New Business was the footer and foundation permit for Shannondell. b. The termination of KMS was not on the agenda. 26. Minutes of September 19, 2002, LPT board of supervisors meeting confirm that Lomire introduced a resolution authorizing Shannondell to proceed with the foundation for its building (RB5). a. The motion was approved by a 5 to 0 vote. b. Lomire participated in the vote. 27. The resolution document was not provided to the Lower Providence Township Board at that time. 28. Minutes of the September 19, 2002, meeting also confirm that action was taken to remove Keystone Municipal Services as township code enforcement officer. a. A motion was approved by a 5 to 0 vote to enter into an agreement with the firm of Shore DePalma for code enforcement services and the firm of CZOP- Specter for building inspection services effective September 30, 2002. Lomire 02- 094 -C2 Page 7 b. Lomire actively participated in the discussion and vote. 29. Resolution No. 02 -75 relating to the Shannondell permit request approved by the Lower Providence Township board of supervisors contained the following: "WHEREAS, Dell Properties (dba) as Shannondell has requested a building permit for Building #5 on their property along Egypt Road in Lower Providence Township, and; WHEREAS, complete construction drawings necessary for the review for the building permit of building #5 have not yet been submitted, and; WHEREAS, in a letter dated September 19, 2002, Don Neilson has requested permission from the Board of Supervisors to begin construction of the footer and foundation only at this site pending completion of the building plans. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Lower Providence Township that we hereby agree and approve the issuance of a footer and foundation permit only for building #5 at Shannondell site subject to the following conditions: 1. That complete drawings be submitted, reviewed and approved by the Department of Code Enforcement of Lower Providence delineating all of the details of construction for the footer and foundation construction. 2. That the complete building permit for the entire building be paid as a lump sum in advance as part of the issuance of the footer and foundation permit. 3. The applicant may not proceed beyond the completion of the following: footings, foundation walls, underground and underslab utilities, and foundation waterproofing, and wall and floor framing up to but not including the first floor only. 4. That Dell Properties, Inc., will expedite the completion of the documentation and plans that are necessary for review of the entire building permit including but not limited to details on framing, electrical, mechanical, plumbing and sprinkler systems. 5. That the applicant and the owner must sign a copy of this resolution indicating that they are aware of and understand the limitations and consequences of acceptance of the footer and foundation permit only, and the inherent risks thereof and that they further understand that the issuance of a building permit may be issued with further conditions imposed on the construction of the entire building which may or may not affect the original foundation, and that any changes to the building resulting from the subsequent review that also affects the design, size or specification of the footers /foundations and may require that previous construction be replaced or augmented are at the expense of Dell properties. The applicant and the owner must further understand that the issuance of footer foundation permit is not a guarantee that a building permit will be issued and that they are proceeding at their own risk. 30. Permit no. 00 -1077 was issued to Shannondell on September 26, 2002. 31. Although Lomire voted for this resolution on September 19, 2002, he did not sign the written document after it had been prepared. Lomire 02- 094 -C2 Page 8 32. On June 24, 2003, Lomire instructed Bud O'Hare, Director of Code Enforcement, to determine why the developers of Shannondell were being double billed for soil compaction tests. a. Lomire had been requested by Don Neilson, Sr., a Shannondell partner, to determine why Shannondell was being double billed for soil compaction tests. b. O'Hare reviewed the matter and subsequently determined that it was an issue between Shannondell owners and its contractors that had nothing to do with the township. c. O'Hare conveyed this information in a June 25 2003, memo to Daniel Olpere, the then township manager. 33. Olpere provided a memo to Lomire dated June 26, 2003, explaining that this matter did not involve the township but rather two contractors involved in the Shannondell project. 34. Lomire took no further action in relation to that matter. a. No township action took place regarding the billing issue. 35. Audubon Land Development Co., owned by the Neilson family, is presently developing /building hotel and multi- restaurant complex on land adjacent to their Audubon Square III Shopping Plaza. a. The hotel will be franchised as a Hilton Homewood Suites. b. John Lomire has submitted a proposal to install the telecommunication services (telephone, CATV, internet) in the hotel. c. This proposal has not been executed. 36. In or about August 2003 the LPT board of supervisors was considering an amendment to a township ordinance relating allowable heights of buildings in certain zones of the township. a. The ordinance amending the building height was on the agenda for the August 21, 2003, board of supervisors meeting. b. The proposed amendments could affect the Neilson's Shannondell project and proposed hotel. 37. On August 18, 2003, Lomire and Supervisor James Dougherty met with Manager Daniel Olpere in Olpere's office. a. Lomire discussed the ordinance and expressed his concern that the new ordinance's provision of increased building set -backs would negatively affect the inter - connecting walkways at Shannondell. 1. Lomire inquired whether the ordinance could be further amended. 2. Olpere was to meet with the township director of planning the following day to draft language for an amendment. 3. Lomire advised Dougherty that the amendment was referring to Shannondell. Lomire 02- 094 -C2 Page 9 38. On August 21, 2003, the Lower Providence Township Board of Supervisors enacted ordinance, No. 489, changing the allowable heights of certain buildings within certain zones of the township. a. John Lomire signed the ordinance as secretary to the board of supervisors. b. John Lomire abstained from voting for the ordinance at a board of supervisors meeting on August 21, 2003. c. Shannondell was not in the affected zone. 39. The Neilsons were proponents of the ordinance. 40. The change in the height allowances did not result in any benefit to Lomire as he does not have a contract relating to the Neilson's hotel project and Shannondell was not in the affected zone. III. DISCUSSION: At all times relevant to this matter, the Respondent, John Lomire, hereinafter Lomire, has been a public official subject to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et seq., as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegations are Lomire, as a Lower Providence Township Supervisor, violated Sections 1103(a), 1104(a) and 1105(b)(8)(9) of the Ethics Act when he used the authority of his office for the private pecuniary benefit for himself or a business with which he is associated, Shared Tenant & Technology Services, LLC, (STTS) by participating in discussions and actions of the board of supervisors regarding approvals for the Shannondell Retirement Community at a time when STTS was contracting with the developers of Shannondell to install television, telephone and internet lines for the Shannondell community; when he failed to file a Statement of Financial Interests (SFI) for the 2001 calendar year by May 1, 2002; and when he failed to list his office, directorship or employment in STTS and the percentage of his financial interests in STTS on his SFI filed for the 2002 calendar year. 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. The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows: Section 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public f of ce or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. Lomire 02- 094 -C2 Page 10 65 Pa.C.S. § 1102. Section 1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 1104(a) of the Ethics Act requires that each public official /public employee must file a Statement of Financial Interests for the preceding calendar year, each year that he holds the position and the year after he leaves it. Section 1105(b) of the Ethics Act requires that every public official /public employee and candidate list the name and address of any direct or indirect source of income totaling in the aggregate of $1,300 or more. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are reproduced above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Lomire has been a supervisor on the five - member board in Lower Providence Township, Montgomery County, since January of 2002. In a private capacity, Lomire is the principal of STTS, a domestic limited liability company organized by him in May of 2002. In the township, the Neilson family is the developer of a retirement community known as Shannondell. When completed, Shannondell will consist of four neighborhoods, each comprised of 500 units, together with a community and health center. Upon completion, the community will have 2,500 living units including 500 skilled and assisted living units. Prior to 2002, the board of supervisors gave approval to the preliminary and final plans for Shannondell. At that time, Lomire was not a member of the board. In April of 2000, Lomire entered into discussions with Don Neilson, Jr. about Lomire providing telecommunications, cable, television, internet service and computer networking for the Shannondell community. At that time the Neilsons were involved with another company regarding the provision of telecommunication services. After that company went bankrupt, Lomire and Neilson renewed their discussions. Following discussions, a contract was negotiated and signed on September 5, 2002, between Lomire and the Neilsons. The contract provided that STTS would install CATV, internet, and telephone services at Shannondell. In anticipation of the contract, Lomire in May of 2002 applied for a use and occupancy permit in the name of STTS for a temporary job trailer at the Shannondell site. Various permits have been issued by the township to Shannondell. See, Fact Finding 15. In August of 2002, Neilson was informed that a footer and foundation permit for building number five was needed at Shannondell. When the permit was not obtained, Shannondell officials petitioned the board of supervisors for a permit approval. Lomire, as chairman of the board, oversaw actions to remove the township code enforcement officer regarding the denial of the permit. Approximately one week later, the Audubon Land Development Company (ALDC), which is owned the Neilsons, requested the foundation permit for building number five at Shannondell. At a township board meeting on September 19, 2002, Lomire introduced a resolution authorizing Shannondell to proceed with the foundation for that building which motion passed on a 5 -0 vote with Lomire's participation. The resolution is quoted in Fact Finding 29. The permit was issued to Shannondell on September 26, 2002. The minutes of that meeting also confirm the removal of the township code enforcement officer Lomire also participated in that discussion and vote. Lomire 02- 094 -C2 Page 11 In June of 2003, Lomire asked the code enforcement director to determine why the Shannondell developers were being double billed for soil compaction tests. Lomire had been requested by Don Neilson, Sr. to determine why there was double billing. It was determined that double billing was an issue between the Shannondell owners and its contractors so that the township had no involvement in the matter. Neither Lomire nor the township took any action related to the billing issue. In a separate matter, ALDC is presently trying to develop and build a hotel /multi- restaurant complex on land adjacent to a shopping plaza. Lomire has submitted a proposal for the installation of telecommunications services in the hotel which has not been executed. In August of 2003, the board of supervisors considered an amendment to the township ordinance as to allowable heights of buildings in certain zones of the township. The proposed amendments could have impacted upon the Neilson's Shannondell project and the proposed hotel. On August 18, 2003, Lomire and another supervisor met with the township manager wherein Lomire expressed concerns that the new ordinance provision increased building setbacks which could negatively impact upon interconnecting walkways in Shannondell. On August 21, 2003, the board enacted an ordinance changing the allowable heights of some buildings within certain zones of the township. Although Lomire abstained from voting on the ordinance, he signed it as secretary to the board. However, Shannondell is not located in the affected zone. There was no benefit to Lomire from the action in that he does not have a contract with the Neilsons regarding the hotel project and Shannondell is not in the affected area. See, Fact Finding 40. As a supervisor, Lomire was required to file SFI's for the 2001 and 2002 calendar years with the township. Although the 2001 calendar year SFI for Lomire was to be filed on or before May 1, 2002, Lomire did not file until February 6, 2003. When Lomire filed his 2002 calendar year SFI, he did disclose his financial interest in STTS. 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. The Consent Agreement proposes that this Commission find: "a. That an unintentional violation of Section 1103(a), 65 Pa.C.S. §1103(a) of the Public Official and Employee Ethics Law occurred when Lomire participated in discussions and actions of the board of supervisors regarding approvals for the Shannondell Retirement Community relating to a foundation permit at a time when Shared Tenant & Technology Services was contracting with the developers of Shannondell to install television, telephone and internet lines for the Shannondell community. b. No violation of Section 1103(a), 65 Pa.C.S. §1103(a) of the Public Official and Employee Ethics Law occurred regarding Lomire's request for information on a billing issue and his vote on an amendment to the township height ordinance as there was no private pecuniary benefit obtained by either himself of [sic] the business within [sic] which he was associated. c. That a violation of Section 1104 of the Public Official and Employee Ethics Law occurred when Lomire failed to timely file a Statement of Financial Interests for the 2001 calendar year by May 1, 2002. d. That no violation of Section 1105(b)(8)(9) of the Public Official and Employee Ethics Law occurred when Lomire failed to list his office, directorship or employment in STTS and the percentage of his financial interests in STTS on Statements of Financial Lomire 02- 094 -C2 Page 12 Interests filed for the 2002 calendar year as his interest in Shared Tenant & Technology Services was disclosed." In addition, Lomire agrees to make payment of $1,000 to the Commonwealth of Pennsylvania through this Commission within thirty (30) days of the mailing of this order. In applying the provisions of the Ethics Act to the stipulated findings in this case, we find that there were uses of authority of office on the part of Lomire relative to the Shannondell development. But for the fact that Lomire was a supervisor, he could not have been in a position to participate as a member of the board of supervisors regarding the application by the Neilsons for the footer and foundation permit that was before the township board. As to that permit, Lomire actively participated in the discussion and vote. The motion was approved on a 5 -0 vote with Lomire's participation. All such actions by Lomire were uses of authority of office. See, Juliante, Order 809. At that time, Lomire, through the business with which he was associated (STTS), had a contract with the Neilsons to install television, telephone and internet lines for Shannondell. As such, the uses of authority of office related to the private pecuniary benefit that STTS received in the contract with the Neilsons as to the Shannondell development. As noted, STTS, with Lomire as the principal, is a business with which he is associated. Accordingly, Lomire unintentionally violated Section 1103(a) of the Ethics Act when he participated in actions as to the approval of a permit for the Shannondell Retirement Community when STTS, a business with which he is associated, had a contract with the developers of Shannondell to install television, telephone, and internet lines in that community. Turning to the matter of Lomire's involvement with the double billing issue at the request of the Neilsons, Lomire inquired and determined that the township had no involvement with the matter. Regarding the amendment to a township height ordinance, the stipulated findings reflect that the Shannondell development was not in an area that would be affected by that ordinance. Further, Lomire had no other contract at the time with the Neilsons for any of their other developments. Hence, there is no showing of record that there would be any private pecuniary benefit by Lomire regarding his participation as to the township height ordinance. See, Fact Finding 40. We have held that without a private pecuniary benefit, there is no violation of the Ethics Act. See, Smith, Order 1261. Accordingly, Lomire did not violate Section 1103(a) regarding his involvement as a supervisor with the double billing issue and the amendment to a township height ordinance in that neither Lomire nor the business with which he is associated obtained a private pecuniary benefit. Turning to the two SFI allegations, the stipulated findings reflect that Lomire failed to timely file his SFI for the calendar year 2001 by May 1, 2002. Lomire did subsequently file his 2001 calendar year SFI in 2003. Accordingly, Lomire violated Section 1104(a) of the Ethics Act when he failed to timely file his 2001 calendar year SFI by May 1, 2002. As to the 2002 calendar year SFI allegation regarding Lomire's failure to list his office, directorship, or employment in STTS, the stipulated findings reflect that he did in fact list such interest on his 2002 calendar year SFI. Accordingly, Lomire did not violate Section 1105(b)(8), (9) of the Ethics Act as to his 2002 calendar year SFI in that Lomire disclosed his financial interest in STTS in that filing. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, Lomire is directed to make payment of $1,000 to the Commonwealth of Pennsylvania through this Commission within 30 days of the mailing of this 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. Lomire 02- 094 -C2 Page 13 IV. CONCLUSIONS OF LAW: 1. Lomire, as a Lower Providence Township Supervisor, is a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Lomire unintentionally violated Section 1103(a) of the Ethics Act when he participated in actions as to the approval of a permit for the Shannondell Retirement Community when STTS, a business with which he is associated, had a contract with the developers of Shannondell to install television, telephone, and Internet lines in that community. 3. Lomire did not violate Section 1103(a) regarding his involvement as a supervisor with the double billing issue and the amendment to a township height ordinance in that neither Lomire nor the business with which he is associated obtained a private pecuniary benefit. 4. Lomire violated Section 1104(a) of the Ethics Act when he failed to timely file his 2001 calendar year SFI by May 1, 2002. 5. Lomire did not violate Section 1105(b)(8), (9) of the Ethics Act as to his 2002 calendar year SFI in that Lomire disclosed his financial interest in STTS in that filing. In Re: John Lomire ORDER NO. 1323 File Docket: 02- 094 -C2 Date Decided: 6/8/04 Date Mailed: 6/16/04 1. Lomire, as a Lower Providence Township Supervisor, unintentionally violated Section 1103(a) of the Ethics Act when he participated in actions as to the approval of a permit for the Shannondell Retirement Community when STTS, a business with which he is associated, had a contract with the developers of Shannondell to install television, telephone, and Internet lines in that community. 2. Lomire did not violate Section 1103(a) regarding his involvement as a supervisor with the double billing issue and the amendment to a township height ordinance in that neither Lomire nor the business with which he is associated obtained a private pecuniary benefit. 3. Lomire violated Section 1104(a) of the Ethics Act when he failed to timely file his 2001 calendar year SFI by May 1, 2002. 4. Lomire did not violate Section 1105(b)(8), (9) of the Ethics Act as to his 2002 calendar year SFI in that Lomire disclosed his financial interest in STTS in that filing. 5. Per the Consent Agreement of the parties, Lomire is directed to make payment of $1,000 to the Commonwealth of Pennsylvania through this Commission within 30 days of the mailing of this order. a. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair