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HomeMy WebLinkAbout1332 FisherIn Re: Leon Fisher 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- 098 -C2 Order No. 1332 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 not 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 Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending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. Fisher 02- 098 -C2 Page 2 I. ALLEGATION: That Leon Fisher, a (public official /public employee), in his capacity as Police Chief for Forks Township, Northampton County, violated Sections 1103(a) and 1104(a) provisions of the State Ethics Act (Act 93 of 1998) 65 Pa.C.S. § §1103(a) and 1104(a) when he used the authority of his office for a private pecuniary gain, including but not limited to making purchases from federal surplus property which was limited to governmental entities and converting these purchases for his personal use; when he purchased items for personal use from a township vendor who restricts sales to law enforcement agencies; and when he failed to file Statements of Financial Interests for the 1999, 2000 and 2001 calendar years. II. FINDINGS: 1. Leon Fisher has served as the Chief of Police of Forks Township, Lehigh County, since April 1, 1997. a. Leon Fisher was a patrolman for the Forks Township Police Department from December 1, 1973. 2. The Forks Township Chief of Police reports to the Police Commissioner. a. The Police Commissioner is a member of the Forks Township Board of Supervisors. 1. Township Supervisor David Kolb has served as Police Commissioner. b. The Forks Township Police Commissioner is the liaison between the Board of Supervisors and the Police Department. 1. The Police Commissioner of Forks Township is not a sworn law enforcement officer. 3. The Chief of Police has signature authority and purchase authority on all police matters relating to supplies and necessary purchases. a. Prior to October 2002, all department heads, including the Chief of Police had a $4,001.00 spending limit per transaction on purchases. 1. The Chief of Police would submit invoices or bills to Forks Township Accounts Payable Department or the township manager. 2. Department heads were not required to seek approval prior to contracting or making purchases. 4. Municipal governments in the Commonwealth of Pennsylvania, are eligible to participate in the Federal Surplus Property Program. 5. The Federal Surplus Property Program is a federally sponsored program that is administered by the Pennsylvania Department of General Services. a. The Federal Surplus Property Program warehouse and executive offices are located at the Pennsylvania Department of General Services Headquarters. 6. The Federal Surplus Property Program authorizes representatives of municipalities, school districts, medical institutions, and certain non - profit organizations to purchase surplus items, vehicles, equipment, and supplies at a 70% to 90% reduction of actual costs. Fisher 02- 098 -C2 Page 3 a. All interested eligible participants for the Federal Surplus Property Program must make application to the Federal Property Division to determine eligibility. b. Municipalities that meet criteria for participation are permitted to purchase surplus items at any time during normal daily business hours, Monday to Friday, 8:00 a.m. to 4:00 p.m. c. Only individuals authorized by a municipality can make purchases on behalf of a municipality. d. Municipalities and authorized individuals are required to become familiar with the purchase policies; guidelines; and regulations that govern the purchase of federal surplus property. 7. When authorized to purchase federal surplus property, individuals receive notification of Federal Regulations governing purchases through the following means: a. Initial application Attachment of regulations in their entirety affixed to Form "G -SSS -1 "(Distribution Document), which invoices items purchased, unit costs, and service charges that must be signed by a purchaser agreeing to terms. Additional notification of purchase regulations via a bold -typed notice paper given to purchasers when removing property from the federal supply warehouse. A placard located directly above the checkout register at the federal property warehouse. 8. Municipalities /public agencies making purchases from the surplus program are required to comply with federal and state regulations outlined on Form G -SSS which, in part, include the following: a. The property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes. b. All items of property shall be placed in use for the purpose(s) for which acquired, within one (1) year of receipt and shall be continued in use for such purpose(s) for one (1) year from the date the property was put in use. 1. If not placed in use property must be returned to the state or made available to transfer to another agency or the state. c. In regards to items with an acquisition cost of $5,000 or more, the following, in part, is required: 1. The property shall be used only for the purpose(s) for which acquired and no other purpose(s). 9. Leon Fisher, as police chief, was an authorized purchasers for the FSPP from May 1, 1999. 10. Federal surplus records confirm purchases made by Forks Township officials from the Federal Property Garage in Harrisburg on various occasions between 1999 and 2002. a. Township officials who regularly made purchases at the Federal Surplus Fisher 02- 098 -C2 Page 4 Warehouse included Fisher, Peter Gheller and George Gemmel and David Kolb. b. Some of the purchases made by the above identified Forks Township officials and employees were for personal purposes. c. Employees Peter Gheller and George Gemmel made purchases of a personal nature totaling $143.00 between 1999 and 2002 as follows: Gheller: $ 57.50 Gemmel: $ 85.50 Total $ 143.00 d. Both Gemmel and Gheller reimbursed the township for all purchases. 11. From 1999 to 2002, Fisher made a total of nineteen (19) trips to the federal property warehouse in Harrisburg. a. Fisher had been accompanied by Forks Township employees on every trip to the federal warehouse. 12. Fisher signed fourteen (14) of nineteen (19) invoices during this period. 13. The Federal Property Supply Division assesses an "Acquisition Cost" or "Actual Retail Value" to items for sale at the federal surplus warehouse. a. The Federal General Services Administration determines the acquisition cost of all items for sale at federal surplus facilities throughout the United States. b. The actual acquisition cost is the value of the item(s) if purchased retail at the time of sale as determined by GSA. 14. The total acquisition cost of merchandise purchased by Forks Township was $61,683.00. a. Forks Township actually spent $4,280.75. 15. Since 1999 Fisher, Kolb and other township employees, purchased items for personal use from the surplus program. 16. Upon returning to the township from the federal warehouse, Fisher would identify emplo ees' ersonal purchases by placing the employees' initials on the specific item(s) listed on the Distribution Document Invoice. a. This procedure would enable Fisher to determine items purchased and amount owed by each employee /official. 17. Fisher would submit the Distribution Document Invoice to Township Manager George Gemmel. a. Gemmel would review the invoice, and include the actual invoice in the monthly bill list presented to the Board of Supervisors. 1. Gemmel would then instruct the accounts payable clerk to generate a check to the Commonwealth of Pennsylvania for the amount due and owing to the Commonwealth of Pennsylvania. Invoice Number Invoice Date Quantity /Description Acquisition Cost by Qty Actual Surplus Charge 573750 March 23 1999 1 Hammer Slide $1.00 Not Known 578586 November 9, 2000 3 Undershirts $9.00 $11.23 2 Long Underwear $20.00 $3.00 583157 July 12, 2001 2 Sockets $30.00 $.50 582573 April 2, 2002 2 Chains $202.00 $3.75 582723 April 22, 2002 2 Abrasive Disks $94.00 $2.00 6 Brush Wires $18.00 $6.00 20 Clamps $120.00 $2.25 4 Grease $28.00 $.95 3 Pieces of Tool Lot $25.00 $25.00 583257 July 9, 2002 1 Forklift $1.00 $75.00 Total Amounts $548.00 $129.68 Fisher 02- 098 -C2 Page 5 2. A check payable to the Commonwealth of Pennsylvania would be routed to the supervisors during a public meeting. 18. Fisher was under the belief that he was permitted to purchase items for his own personal use as long as he reimbursed the township for such items. a. Fisher's belief was in part based upon the fact that a Township Supervisor, David Kolb, who was also the board's liaison to the Police Department and one of his supervisors, was usually with Fisher when personal purchases were made. b. Fisher's belief was also based upon the fact that the township had a procedure accounting for such purchases and requiring reimbursement. 19. Supervisors would review the bill lists, which included the invoices from the Federal Property Supply /Surplus Division. a. Two (2) supervisors would sign the check payable to the Commonwealth of Pennsylvania. 20. Receipts maintained by Forks Township Bookkeeper reflect that Leon Fisher reimbursed Forks Township for most items he purchased from federal surplus which he utilized for personal purposes. a. Fisher did not reimburse the township for all personal purchases made. 21. Fisher purchased the following items from Federal Surplus which were billed to the township for his personal use. 22. Fisher made reimbursements totaling $132.53 to the township for the foregoing purchases. 23. The actual value of merchandise Fisher purchased for personal use ($548.00) less the amount reimbursed by Fisher ($132.53) totaled $415.47. Fisher 02- 098 -C2 Page 6 24. Fisher reimbursed Forks Township a total of $132.53 (actual cost) throughout the years of 1999 to 2002. The following findings relate to Federal Law Enforcement Surplus Property Program. 25. Accredited law enforcement agencies in the Commonwealth of Pennsylvania, are permitted to apply to participate in the Federal Law Enforcement Surplus Property Program (FLESPP). a. The Federal Law Enforcement Property Program is a federally sponsored program that is administered by the Pennsylvania Department of General Services. 1. The Federal Law Enforcement Property Program warehouse and executive offices are located at the Pennsylvania Department of General Services Headquarters. 26. The Federal Law Enforcement Property Program authorizes sworn law enforcement officers to purchase surplus items, tactical gear, weapons, munitions, vehicles, weapon accessories, police vehicle accessories, and uniform accessories at a 70% to 90% reduction of actual costs. a. All interested police agencies must make application to the Federal Law Enforcement Property Division to determine eligibility. 27. Police officers who meet criteria for participation are permitted to purchase surplus items at any time during normal daily business hours, Monday through Friday, 8:00 a.m. to 4:00 p.m. a. Federal Law Enforcement Property Division officials require signatures and rank of the individual police officers authorized by a police agency to make purchases on behalf of a police agency. b. All authorized Pennsylvania purchasers must be duly sworn and commissioned police officers within the Commonwealth of Pennsylvania. 28. A law enforcement agency's head or commander is authorized to make initial application and may delegate authorized sworn law enforcement officers to purchase items at the federal law enforcement warehouse. 29. Forks Township has participated in the FLESPP since at least 1999. 30. Leon Fisher, as police chief for Forks Township was the only Forks Township employee permitted to make application for eligibility. 31. Fisher authorized himself, and Detective Captain Louis Coxe as a sworn officers as registered screeners for calendar year 2001. a. Fisher also identified David Kolb, Township Supervisor, as Police Commissioner and authorized him as an authorized screener for 2002. 32. David Kolb is not a sworn law enforcement official. 33. Fisher's purpose in identifying Kolb as a sworn law enforcement officer was to enable Kolb to make purchases of a personal nature form the program. 34. Regulations governing Federal Law Enforcement Surplus Property programs are the Fisher 02- 098 -C2 Page 7 same as the Federal Property Supply regulations and in part prohibit the acquisition of property for personal use. 35. From 1999 to 2002, Fisher had made a total of nine (9) trips to the Federal Law Enforcement Property warehouse. a. Fisher would, from time to time, be accompanied by either Detective Captain Louis Coxe, or Supervisor David Kolb. 36. The trips made by Fisher included legitimate purchases of surplus items for Forks Township Police Department, as well as items Fisher utilized for personal purposes. 37. Between July 2001 and August 2001 Fisher made several purchases from the Federal Law Enforcement surplus which he used for personal purposes. 38. Fisher has not reimbursed the township for the costs of items from the Federal Law Enforcement Surplus Property Program. 39. All invoices for purchases made from the Federal Law Enforcement were signed for by Fisher. 40. The invoices Fisher received at the Federal Law Enforcement warehouse were submitted to George Gemmel, Township Manager and paid by the township. The following findings relate to purchases from the Pennsylvania Police Supply, Chalk Hill, PA. 41. Forks Township Police Department utilizes the services of Pennsylvania Police Supply, Chalk Hill, PA for firearms, munitions and supplies. a. Pennsylvania Police Supply sells to law enforcement departments and law enforcement officials only. b. Pennsylvania Police Supply offers substantial discounts on items to both police departments and police officers. c. Private citizens (including elected officials) are not permitted to purchase from Pennsylvania Police Supply. 42. Detective Corporal Richard Grifo is the Forks Township firearms and munitions specialist. a. Grifo has been the munitions specialist for approximately seven (7) years. b. Part of Grifo's duties as munitions specialist include, but are not limited to ordering, maintaining, and cataloging weapons, serial numbers, munitions, and ordering all annual munitions from Pennsylvania Police Supply for duty. c. Fisher would sign the order form, authoring the order. d. Fisher did not have to seek board approval to make munitions supply purchases prior to October 2002. 43. Forks Township Police Department duty weapons and alternate weapons include the following: a. Glock Model 22 .40 caliber pistols — duty weapon Ordered For Date/ Invoice Quantity Description Total Cost Actual Retail Cost Kolb 10/05/99 - 1 case Federal 9mm 115 Glock Full Metal $115.80 $239.80 47999 (20 boxes /case) Jacket ammunition Federal .357 Kolb 02/19/99 - 45544 1 case (20 boxes /case) magnum 158 grain hydra -shock ammunition $183.25 $279.80 Totals $299.05 $519.60 Fisher 02- 098 -C2 Page 8 Mossberg Model 500 12 Gauge shotguns — tactical weapons Colt AR 15 Assault Rifles — tactical weapons 1. The above caliber weapons have been standard for at least the last six (6) years. 44. Upon receipt of supplies from Pennsylvania Police Supply, Grifo would compare the order receipt /invoice with the order form he submitted to Chief Fisher. a. On several occasions between 1999 and 2002, Grifo had noticed items purchased on invoices that he had no knowledge of, and did not request to be purchased for police department duty or training usage. 45. Ammunition was ordered by Fisher from PA Supply for Supervisor Kolb, who was a firearms collector and buyer, between February 1999 and April 2002. 46. The following chart delineates munitions purchases by Fisher from Pennsylvania Police Supply that had been utilized for personal purposes by Supervisor Kolb. 47. The above items were not ordered for police usage because the caliber of weapon ammunition was not compatible with weapons utilized by the Forks Township Police Department. 48. The purpose of Fisher purchasing the munitions for Supervisor Kolb was to obtain the law enforcement discount offered by PA Supply. 49. The items purchased by Fisher for Kolb's use were charged to Forks Township. The following findings relate to Statement of Financial Interests filings by Fisher. 52. In his capacity as Chief of Police for Forks Township Leon Fisher is required to annually file Statements of Financial Interests. 53. A compliance review was conducted by Ethics Commission investigators of all Forks Township officials on January 31, 2003. a. Leon Fisher did not file Statements of Financial Interests with the township for calendar years 2000, 2001 and 2002. 54. After becoming aware of the Ethics Commission investigation Leon Fisher filed Statements of Financial Interests for calendar years 2000, 2001 and 2002 with Forks township on October 27, 2003. a. Calendar Year: 2000 Fisher 02- 098 -C2 Page 9 Filed: Position: Creditors: Direct /Indirect Income: All Other Financial Interests: b. Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: All Other Financial Interests: c. Calendar Year: Filed: Position: Creditors: Direct /Indirect Income: All Other Financial Interests: 10/27/03 on SEC Chief of Police None Forks Twp Board None 2001 06/30/03 on SEC Rev. 1/03 (Late Filer) Police Officer None No Disclosure None 2002 06/30/03 on SEC Police Officer None Sale of Property — None III. DISCUSSION: At all times relevant to this matter, the Respondent, Leon Fisher, hereinafter Fisher, has been a public employee subject to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et se ., as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 6 Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegations are that Fisher, as Police Chief for Forks Township, violated Sections 1103(a) and 1104(a) of the Ethics Act when he made purchases from federal surplus property which was limited to governmental entities and converted these purchases for his personal use; purchased items for personal use from a township vendor who restricts sales to law enforcement agencies; and failed to file Statements of Financial Interests for the 1999, 2000 and 2001 calendar years. 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. Rev. 1/03 (Late Filer) of Supervisors Rev. 1/03 (Late Filer) 906 Old Mill Road Fisher 02- 098 -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. 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. Fisher has served as Chief of Police of Forks Township since April 1, 1997. Municipalities in the Commonwealth are eligible to participate in certain government surplus property programs. The Federal Surplus Property Program (FSPP) sponsors a program that is administered by the Pennsylvania Department of General Services (DGS). Forks Township participates in FSPP which allows it to purchase surplus items, vehicles, equipment and supplies at a 70% to 90% reduction from actual costs. The federal government requires that municipal authorized individuals become familiar with the policies, guidelines, and regulations as to the purchase of federal surplus property. Conditions are imposed upon purchases: the property is limited to municipal use and the property must be in use within one year of its receipt. Notification appears in the initial application for participation in the program, on the property at the warehouse, and on a placard located at the checkout register. Forks Township officials made purchases through FSPP between 1999 and 2002. Fisher accompanied township employees to the federal property garage and signed 14 of 19 invoices. In 1999, Fisher, Kolb, and other township employees purchased items from the federal surplus programs for personal use. Fisher believed that he could purchase such items for personal use as long as he made reimbursements to the township. When Fisher returned from the federal warehouse, he identified employees' personal purchases and determined the amount of reimbursement due the township. The invoice was given to the township manager who in turn submitted it to the supervisors as part of a bill list for their approval. Two supervisors co- signed the check payable to the Commonwealth for the surplus items after approval was obtained from the board. According to the receipts maintained by the Forks Township bookkeeper, Fisher made only partial reimbursement for items that he purchased for personal use. See, Fact Finding 20. A detailed list of these items that Fisher purchased for personal use from the federal program are delineated in Fact Finding 21. Fisher reimbursed the township $132.53 as to the actual value of $548.00 for the surplus items he purchased for personal use. A similar program is the Federal Law Enforcement Surplus Property Program ( FLESPP) which is also administered by DGS for accredited law enforcement agencies in the Commonwealth of Pennsylvania. FLESPP authorizes law enforcement officers to purchase supplies such as tactical gear, weapons, munitions, vehicles, weapon accessories and police vehicle accessories at reductions of 70% to 90% from the actual costs. A law enforcement agency's head or commander is authorized to make an application and delegate authorized sworn law enforcement personnel to purchase the items at the FLESPP warehouse. Forks Township has participated in FLESPP since 1999. Fisher authorized himself, the detective Fisher 02- 098 -C2 Page 11 police captain, and Kolb as the police commissioner to be the authorized township individuals for the program. Even though Kolb is not a sworn law enforcement official, Fisher designated Kolb so that he could make purchases for personal use from the program, despite the federal regulations which expressly prohibit the acquisition of such property for personal use. Fisher made nine trips to the warehouse and purchased surplus items for the police department. Fisher signed the invoices for all purchases from FLESPP. However, Fisher made several purchases for personal purposes. Fisher has not reimbursed the township for such purchases. A third purchase program is the Pennsylvania Police Supply (PPS). The Forks Township Police Department utilizes PPS to urchase firearms, munitions, and supplies. PPS sells to law enforcement departments and officials but not to private citizens. Detective Corporal Grifo of Forks Township is the firearms and munitions specialist who determines what the police department needs in terms of ammunition, weaponry, and accessories. Between 1999 and 2000, Grifo on several occasions noticed PPS invoice items as to which he did not order and had no knowledge. After receiving an order form from Grifo, Fisher added ammunition which was to be used for the personal use of Kolb. The details of such ammunition orders for Kolb's personal use, which retailed at $519.60 but were purchased for $299.05, are delineated in Fact Finding 46. Parenthetically, such ammunition could not have been used for the Forks Township because its firearms were of different calibers. Finally, Fisher, as a public employee, is required to file SFI's. However, Fisher failed to file SFI's with the township for the calendar years 2000 -2002. Following notice of this Commission's investigation, Fisher filed SFI's for all three years on October 27, 2003. 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: That a violation of Section 1103(a), 65 Pa.C.S. §1103(a) of the Public Official and Employee Ethics Law occurred when Fisher purchased items through the federal surplus property program for his personal use. b. That a violation of Section 1103(a), 65 Pa.C.S. §1103(a) of the Public Official and Employee Ethics Law occurred when Fisher purchased items through the federal law enforcement property program for his personal use. c. That no violation of Section 1103(a), 65 Pa.C.S. §1103(a) of the Public Official and Employee Ethics Law occurred when Fisher purchased ammunition from the Pennsylvania Police Supply as none of the purchases were used for his own personal purposes. d. That an unintentional violation of Section 1104(a), 65 Pa.C.S. §1104(a) of the Public Official and Employee Ethics Law occurred when Fisher failed to file Statements of Financial Interests for calendar years 1999, 2000 and 2001." In addition, Fisher agrees to pay $1,115 to the Commonwealth of Pennsylvania through this Commission within thirty (30) days of the issuance of the mailing of this Order. In applying the Ethics Act to the allegations before us, Fisher used his position as a police chief as to programs that offered various items for municipal use only. But for the fact Fisher 02- 098 -C2 Page 12 that Fisher was a police chief in Forks Township, he would not have been in a position to obtain items for personal use from the federal surplus programs and PPS. The actions by Fisher in obtaining the various property which is expressly limited to municipal but not personal use were uses of authority of office under the Ethics Act. See, Juliante, Order 809. Such uses of authority of office resulted in pecuniary benefits to Fisher consisting of the items that he obtained for personal purposes. Fisher only partially reimbursed the township for the items that he used for personal purposes. Hence, he received a private pecuniary benefit. Further, Fisher obtained these items at substantially reduced prices from their cost basis, given that the items were limited solely for municipal use. Hence, Fisher also received private pecuniary benefits in that respect. Finally, those private pecuniary benefits inured to Fisher himself. Accordingly, Fisher violated Section 1103(a) of the Ethics Act when he used the authority of office to purchase various items personally from the FSPP for his personal use. Further, Fisher violated Section 1103(a) of the Ethics Act when he used the authority of office to purchase items from FLESPP for personal purposes. However, Fisher did not violate Section 1103(a) of the Ethics Act as to the purchases of ammunition from the PPS in that none of the purchases were for his own use. Without a private pecuniary benefit, there was no violation of Section 1103(a) of the Ethics Act. See, Wagner, Order 1028. As to the SFI allegation, Fisher failed to file SFI's for the 2000 through 2002 calendar years. See, Fact Finding 53.a. However, the allegation avers the non - filing was for the calendar years 1999 -2001. Since we must err on the side of caution in favor of the Respondent, we shall find as follows. Fisher unintentionally violated Section 1104(a) of the Ethics Act when he failed to file SFI's for the calendar years 2000 and 2001. We note that Fisher has now filed his SFI's for the calendar years 2000 -2002 on October 27, 2003. 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, Fisher is directed to make payment of $1,115.00 to the Commonwealth of Pennsylvania through this Commission within 30 -days of the issuance 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. IV. CONCLUSIONS OF LAW: 1. Fisher, as a Police Chief for Forks Township, is a public employee subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Fisher violated Section 1103(a) of the Ethics Act when he used the authority of office to purchase various items from the federal surplus property program for his personal use. 3. Fisher violated Section 1103(a) of the Ethics Act when he purchased several items from the federal law enforcement surplus property program for personal use. 4. Fisher did not violate Section 1103(a) of the Ethics Act when he used the authority of office to purchase certain ammunition from the Pennsylvania Police Supply in that the purchases were not for his personal use. 5. Fisher unintentionally violated Section 1104(a) of the Ethics Act when he failed to file SFI's for the calendar years 2000 and 2001. In Re: Leon Fisher ORDER NO. 1332 File Docket: 02- 098 -C2 Date Decided: 6/8/04 Date Mailed: 6/16/04 1. Fisher, as a Police Chief for Forks Township, violated Section 1103(a) of the Ethics Act when he used the authority of office to purchase various items from the federal surplus property program for his personal use. 2. Fisher violated Section 1103(a) of the Ethics Act when he purchased several items from the federal law enforcement surplus property program for personal use. 3. Fisher did not violate Section 1103(a) of the Ethics Act when he used the authority of office to purchase certain ammunition from the Pennsylvania Police Supply in that the purchases were not for his personal use. 4. Fisher unintentionally violated Section 1104(a) of the Ethics Act when he failed to file SFI's for the calendar years 2000 and 2001. 5 Per the Consent Agreement of the parties, Fisher is directed to make payment of $1,115.00 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