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Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11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
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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
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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
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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
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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.
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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