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Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11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