HomeMy WebLinkAbout1843, Bartonr +`
PHONE:717-783-1610 STATE ETHICS COMMISSION
TOLL FREE: 1-800-932-0936 FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
In Re: Eric Barton, File Docket: 22-0070-C
Respondent Order No. 1843
Date Decided: 4/9/25
Date Mailed: 4/10/25
Before: Michael A. Schwartz, Chair
David L. Reddecliff, Vice Chair
Paul E. Parsells
Robert P. Caruso
Emilia McKee Vassallo
This is a final adjudication of the ,State Ethics Commission.
FACSIMILE: 717-787-0806
WEBSITE: Mw .ethics.pa.00v
Procedurally, the Investigative Division of the State Ethics Commission conducted an
investigation regarding possible violation(s) of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa. C.S. § 1101 et M, by the above -named Respondent. At the commencement
of its investigation, the Investigative Division served upon Respondent written notice of the
specific allegations. Upon completion of its investigation, the Investigative Division issued and
served upon Respondent a Findings Report identified as an "Investigative Complaint." A
Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to
the Commission for consideration. The Stipulated Findings are set forth as the Findings in this
Order. The Consent Agreement has been approved.
1. ALLEGATIONS:
A. That Eric Barton, a public official in his capacity as a Supervisor for Otto Township
("Township"), McKean County, Pennsylvania, violated Sections 1103(a), I I04(a),
and 1 I04(d) of the Ethics Act:
(1) When he used the authority of his public position to effectuate the hiring of
his brother to a paid position in the Township, resulting in a private
pecuniary benefit to his brother;
(2) When he used the authority of his public position to use Township
equipment for his own personal use at no cost to himself and/or to facilitate
his employment at a separate municipal entity for which he received
payment from that entity;
Barton, 22-0070-C
Page 2
(3) When he used the authority of his public position to participate in the vote
which included his reappointment to a compensated position on the Otto
Township Sanitary Authority Board of Directors; and
(4) When he failed to file Statements of Financial Interests for calendar years
2019, 2020, 2021, and 2022.
B. That Eric Barton, a public official in his capacity as a Member of the Otto Township
Sanitary Authority Board of Directors, violated Sections 1103(a), 1104(a), and
I I04(d) of the Ethics Act:
(1) When he participated in votes to approve the budget with the knowledge
that his own raise was included in the budget and separately voted to
approve increased wages for himself; and
(2) When he failed to file Statements of Financial Interests for calendar years
2019, 2020, 2021, 2022, and 2023.
II. FINDINGS:
1. Eric Barton ("Barton") served as a Member of the Board of Supervisors of Otto Township
("Township"), McKean County, from January 7, 2019, to January 6, 2020, and from July
8, 2020, to January 1, 2023, and as a Member of the Otto Township Sanitary Authority
("Authority") Board of Directors from November 9, 2005, to May 15, 2023.
a. Barton served as the Chairman of the Township Board of Supervisors ("Board of
Supervisors") from January 4, 2021, to January 1, 2023.
b. Barton served as the First Vice -Chairman of the Authority Board of Directors
("Authority Board") from January 2, 2007, to January 4, 2016, as well as from
January 3, 2022, to May 15, 2023.
C. Barton was employed by the Authority as its PIant Operator/Manager in a part-time
capacity from at least March 20, 2006, through March 19, 2023.
2. The Township is a Second -Class Township governed by a three -Member Board of
Supervisors.
a. The ,Supervisors hold one regularly scheduled legislative meeting on the second
Wednesday of each month.
1. The Supervisors do not hold regularly scheduled agenda/workshop
meetings.
2. The Supervisors hold special meetings as necessary.
Barton, 22-0070-C
Page 3
b. The Supervisors are each compensated $100.00 (gross) monthly for their service as
elected officials.
3. Voting at Township meetings routinely occurs in group "aye/nay" fashion after a motion
is made and seconded.
a. Unanimous votes in favor of motions/seconds made are signified in the minutes as
"AIF" (All In Favor).
b. Abstentions and/or objections are specifically noted within the meeting minutes
along with the applicable Supervisor's name.
d. Minutes of a legislative meeting are presented and reviewed at the subsequent legislative
meeting.
a. A formal vote is taken to approve/accept the minutes presented.
b. Approval/acceptance of the minutes signifies the accuracy of the information in the
minutes.
5. The Supervisors are provided with a packet of information at their Board seats the day of
the legislative meeting.
a. The Supervisors are also emailed a copy of the meeting agenda and the Township
Treasurer's report the Monday or Tuesday before the meeting.
b. The Township Secretary/Treasurer is responsible for compiling the meeting packet
provided to the Supervisors.
6. The meeting packets routinely consist of the current meeting agenda, a copy of the prior
month's meeting minutes, the Township Treasurer's report and applicable correspondence.
a. The Township Treasurer's report identifies expenses paid by the Township between
the date of the prior meeting and the date of the current meeting, including payroll.
l . Information present on the Treasurer's report regarding payroll includes the
respective employee's name, check number, date of payment, and amount
received.
b. The Township Secretary/Treasurer is responsible for the generation and issuance
of checks for payment of bills/payroll due.
7. The Supervisors conduct a specific vote at each legislative meeting to accept the Township
Treasurer's report and pay the bills.
Barton, 22-0070-C
Page 4
a. Approval of the bills paid, including payroll, is included within the overall motion
and vote to approve the Township Treasurer's report.
1. The Township issues payroll to its employees on a weekly basis.
8. The Township maintains multiple accounts at Northwest Bank for operational purposes.
a. The Township General Fund is housed at Northwest Bank.
1. Payroll for Township employees is issued from the Township General
Fund.
9. Signature authority over Township accounts is maintained by each of the three Supervisors
and the Township Secretary/Treasurer.
a. Township checks issued require the signatures of any two of the authorized
signatories.
b. Signatures on Township checks must be live signatures.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT 13ARTON
USED THE AUTHORITY OF HIS POSITION AS A SUPERVISOR TO EFFECTUATE
THE HIRING OF HIS BROTHER TO A FULL-TIME POSITION WITH THE
TOWNSHIP ROAD/SANITATION CREWS.
10. The Township maintains a road crew and a sanitation crew in the course of the daily
operation of the Township.
a. Routine duties completed by the road crew include:
1. Road maintenance (paving/patching, snow plowing/ice removal);
2. Cutting brush, clearing culverts;
3. Installation, removal, and/or repair of road signs, etc.; and
4. Vehicle and equipment operation/maintenance, etc.
b. The sanitation crew is responsible for operation of the sanitation truck in
conjunction with the removal and disposal of Township resident refuse.
11. The Township employed a total of three full-time employees and one part-time employee
on its road/sanitation crews in 2021.
a. Two of the full-time employees were assigned to the road crew with the remaining
full-time employee and the part-time employee assigned to the sanitation crew.
Barton, 22-0070-C
Page 5
1. Fluctuation occurred, if needed, between the employees assigned to the road
crew and the employees assigned to the sanitation crew.
12. Full-time Township road crew employees maintained a regular work week of Monday
through Friday, 7 a.m. 3 p.m. in the summer months and 6 a.m. — 2 p.m. in the winter
months, and the fill -time Township sanitation crew employees maintained a regular work
week of Monday through Friday, 7 a.m. — 3 p.m, year round.
a. Exceptions to the regular work week occurred based on projects to be completed,
emergency situations, inclement weather, collaboration with other municipalities,
etc.
13. The Township maintains various vehicles and equipment for the road/sanitation crews at
the Township garage for use in the performance of their duties.
a. Since at least 2021, the Township has maintained a 1999 International five -ton
dump truck, a 1991 International bucket truck, a 2020 Mack garbage truck, a 2002
Sterling garbage truck, a 2011 Ford F550, and a 2022 Ford F250.
Operation of the vehicles requires a minimum of a Class B Commercial
Driver's License ("CDL"), with the exception of the Ford F250 and Ford
F550.
aa. The Ford F250 may be operated by an individual with a Class C
Non -Commercial Driver's License.
bb. The Ford F550 requires a CDL if towing a hailer, depending on the
weight of the load.
b. Since at least 2021, the Township has maintained, among other equipment, a Model
E-45 Bobcat mini -excavator ("Bobcat") as well as a tip -trailer on which the Bobcat
can be hauled.
14. As of June 3, 2019, individuals employed as full-time Township road/sanitation crew
employees consisted of working Supervisor Mark Palmer ("Palmer"), D. Scott Bell
("Bell"), and Jeremy DeLong ("DeLong").
a. Palmer and Bell served as full-time employees on the road crew at that time.
Palmer held the position of Township Roadmaster ("Roadmaster') at that
time.
aa. Palmer had served as the Roadmaster since at least January 3, 2006.
b. DeLong was newly employed with the Township as of June 3, 2019.
Barton, 22-0070-C
Page 6
1. DeLong served as a full-time employee on the sanitation crew at that time.
aa. DeLong's full-time employment included working limited hours
each week at the Authority plant.
15. On October 9, 2019, Barton and Supervisor Chris Claycomb ("Claycomb") voted to accept
Palmer's resignation from the Roadmaster position.
a. Barton was appointed as the temporary Roadmaster in a non -working capacity at
the same meeting.
16. DeLong was subsequently appointed to the Roadmaster position at the Township's
November 13, 2019, meeting.
a. Barton approached new Supervisor Mike Ogilvie ("Ogilvie") and proposed placing
DeLong into the position.
l . Ogilvie supported Barton's proposal.
17. DeLong served as the Roadmastcr for approximately nine months before Barton initiated
DeLong's demotion and placed himself into the Roadmaster position in a non -working
Supervisor capacity.
a. Barton alleged to Ogilvie that DeLong was not completing his duties in the
Roadmaster position.
b. Barton had not approached or communicated his alleged concerns with DeLong to
Palmer at that time.
18. At the Township's October 14, 2020, legislative meeting, Barton made a motion, which
was seconded by Ogilvie and carried unanimously, to hold an executive session for
personnel reasons.
a. Discussion occurred during the executive session about demoting DeLong and
appointing Barton to the Roadmaster position as a non -working Supervisor.
b. All tluee Supervisors were present at the meeting and executive session.
1. Ogilvie agreed with Barton's assessment based on the information Barton
had presented.
2. Palmer did not agree with Barton's assessment.
19. After adjourning the executive session and reconvening the regular meeting, Barton
announced that he was the new Roadmaster with Bell to assist him.
Barton, 22-0070-C
Page 7
a. Barton announced the personnel changes at the meeting with no formal action/vote
of the Board of Supervisors to implement such.
b. DeLong remained employed with the Township as a road crew member.
20. Frank Barton III ("F. Barton") is Barton's brother.
a. F. Barton was employed as a service manager with 6V's Sales and Service ("6V's")
in Bradford, Pennsylvania, in July 2021.
1. F. Barton performed actions primarily related to the changing of tires on
large work vehicles (trucks, garbage trucks, etc.) while employed with 6V's.
aa. F. Barton was employed by Sehman's Tire in a similar capacity prior
to his employment with 6V's.
21. At the Township's July 14, 2021, legislative meeting, an executive session was held at
which DeLong's potential termination from Township employment was discussed.
a. The agenda for the July 14, 2021, meeting identified an executive session to be held
for the subject of "Personnel."
b. All three ,Supervisors were present at the meeting and executive session.
22. Barton initiated discussion during the executive session regarding DeLong's termination
of employment with the Township.
a. Ogilvie supported Barton's desire to terminate DeLong based on the information
Barton presented.
b. Palmer did not agree with Barton's assertion that DeLong should be terminated.
c. No formal action/vote was taken by the Supervisors at the July 14, 2021, legislative
meeting regarding DeLong's continued employment with the Township.
23. Barton maintains a personal cellular telephone through Verizon Wireless.
24. Barton initiated telephone contact with F. Barton at approximately 7:30 p.m. on the evening
of July 14, 2021.
a. Barton connected with F. Barton via F. Barton's cellular telephone number for
approximately seventeen minutes.
b. Barton contacted F. Barton approximately fifteen minutes after the meeting was
adjourned.
Barton, 22-0070-C
Page 8
25. On the evening of July 15, 2021, Barton called DeLong and questioned if DeLong would
be present at work at the Township the following day.
a. DeLong affirmed to Barton that he would be present for work the following day.
1. DeLong was returning home from vacation when Barton telephoned him
the evening of July 15, 2021.
b. Barton informed DeLong that he needed to speak with DeLong the following
morning.
26. On the morning of July 16, 2021, Barton traveled to the Township garage and terminated
DeLong's employment with the Township.
a. Barton terminated DeLong's employment at the Township garage prior to the start
of DeLong's workday.
1. Barton terminated DeLong's employment with no formal action/vote
having been taken by the Board of Supervisors.
b. DeLong ultimately went to the Township office and informed Township
Secretary/Treasurer Jeannine Drummond ("Drummond") of his termination.
1. The Township recorded DeLong's official termination date as July 23,
2021.
27. Barton contacted Drummond via Drummond's cellular telephone at approximately 7:54
a.m, on July 16, 2021, and spoke to Drummond for approximately thirteen minutes.
a. Barton informed Drummond that DeLong was no longer employed with the
Township and that an advertisement needed to be placed in the newspaper for the
vacant position.
1. Barton verbally instructed Drummond on the language to be included in the
advertisement.
2. Barton directed the placement of the advertisement and the response
submission deadline without consulting Ogilvie or Palmer.
28. At approximately 8:25 a.m, on July 16, 2021, Barton initiated telephone contact with F.
Barton which lasted for approximately four minutes.
a. Barton contacted F. Barton approximately one and one-half hours after terminating
DeLong's employment and approximately eighteen minutes after speaking with
Drummond.
Bartozi, 22-0070-C
Page 9
29. The advertisement for the vacant Township position was publicized in the
"Employment/Help Wanted" classified section of the July 21, 2021, edition of The
Bradford Era as follows:
"Otto Toii nship Supervisor's [sic] are accepting applications for a full time
Township/Sanitary employee. All interested applicants can submit a resume to:
Otto Tmmship Supervisor's [sic]
P. O. Box 284
Duke Center, PA 16729
Resumes must be received by July 25, 2021. "
a. The advertisement ran in The Bradford Era for only one day in the Wednesday,
July 21, 2021, edition.
b. The advertisement detailed no specific requirements for employment (e.g, prior
work experience, a CDL, heavy equipment experience, etc.).
C. Individuals interested in the position had three days to submit resumes to the
Township.
1. July 25, 2021, was a Sunday.
aa. The Township office is not open on Sunday.
30. Approximately three to four resumes were received at the Township office in response to
the advertisement/vacancy.
a. The specific number of resumes received could not be determined.
b. Each of the resumes was hand -delivered to Drummond at the Township office in
sealed envelopes.
1. Drummond did not open the envelopes.
C. Drummond placed all resumes received in a folder within the Township office,
31. Barton traveled to the Township office after the July 25, 2021, response submission
deadline had passed and obtained from Drummond all the resumes received in association
with the advertisement/vacancy.
a. Barton removed all the resumes received for the vacant position from the Township
office.
Barton, 22-0070-C
Page 10
1. Barton failed to return any of the resumes to the Township office.
b. Barton did not provide or otherwise disclose the resumes received to Ogilvie or
Palmer for review or consideration.
32. On July 26, 2021, F. Barton verbally provided his two weeks' notice to a 6V's
representative regarding his effective resignation date of August 6, 2021.
a. Barton initiated one telephone call to F. Barton on July 26, 2021, at approximately
11:22 a.m.
33. Barton independently selected and scheduled interviews with two candidates for the vacant
position.
a. Barton selected and scheduled F. Barton as one of the candidates to be interviewed.
1. F. Barton had not submitted a resume or letter of interest to the Township
office for the position.
aa. F. Barton became aware of the position through Barton.
b. Barton did not consult Ogilvie or Palmer for input on candidates to be interviewed.
34. F. Barton had no CDL or prior experience in the performance of to crew job
duties at the time of his interview for Township employment.
a. Barton was aware that his brother did not have a CDL or any practical work
experience.
1. A CDL was required to operate at least four of the six vehicles owned and
utilized by the Township road/sanitation crews at that time.
35. Barton and Ogilvie conducted F. Barton's interview at the Township office for the vacant
position.
a. Only one round of interviews was held for the vacant position.
1. Both candidates were interviewed on the same day.
b. F. Barton presented his resume and vehicle inspection license to Barton and Ogilvie
at his interview.
1. F. Barton had provided two weeks' notice to his current employer prior to
his interview at the Township.
C. Barton did not inform Palmer of the date and times of the candidate interviews.
Barton, 22-0070-C
Page 11
36. During F. Barton's interview, Barton verbally acknowledged, in part, the following:
a. F. Barton did not have a CDL at that time;
b. F. Barton had to obtain a CDL if hired; and
C. Township representatives could assist F. Barton in obtaining a CDL if he was hired.
37. On or about the day after the interviews were conducted, Barton contacted Ogilvie and
referenced hiring F. Barton for the vacant position.
a. Ogilvie did not challenge Barton on the hiring of F. Barton.
1. Ogilvie anticipated F. Barton's hiring at the Township after DeLong's
Township employment had been terminated.
aa. Barton and Ogilvie had a conversation about the vacancy after
DeLong's termination of employment but prior to the interviews.
Barton had informed Ogilvie that his brother was looking for
a jab.
ii. Barton had informed Ogilvie of his belief that his brother
would apply for the vacancy.
38. Barton hired his brother as a full-time Township employee without formal action or
approval of the Board of Supervisors.
a. F. Barton's effective employment date at the Township is August 9, 2021.
b. F. Barton's IRS Form W-4, Employee's Withholding Certificate, is dated August
10, 2021.
39. At the Township's August 11, 2021, legislative meeting, Barton announced under Old
Business that DeLong had been "let go" from his Township position and that F. Barton had
been hired to replace him.
a. No formal action/vote was taken by the Supervisors to terminate DeLong's
Township employment at any time between the July 14, 2021, and August 11, 2021,
Board of Supervisors meetings.
b. No formal Board action/vote was taken to hire F. Barton as a Township employee
at any time between the July 14, 2021, and August 11, 2 02 1, Board of Supervisors
meetings.
Barton, 22-0070-C
Page 12
40. F. Barton did not obtain a CDL enabling him to operate the majority of the Township
vehicles Until August 4, 2022.
41.
a. For approximately one year after his hire date, F. Barton could operate only the
Township Ford F250 and Ford F550.
F. Barton has continuously received wages on an hourly basis in connection with his
Township employment as follows:
Aug 2021- Dec 2021 ,Ian 2022 - Dec 2022
$18.00 per hour $18.50 per hour
an 2023 - Dec 2023
$19.00 per hour
42. From August 2021 through December 2022, F. Barton received seventy-two checks from
the Township for wages totaling $42,059.24 as detailed below:
Check Date
08/18/21
08/27/21
09/03/21
09/10/21
09/17/21
09/22/21
10/01 /21
10/08/21
10/15/21
10/22/21
10/29/21
11/03/21
11/12/21
11/18/21
11/26/21
12/03/21
12/09/21
12/17/21
12/23/21
12/31/21
01 /07/22
01/14/22
01/21/22
0 1 /28/22
02/04/22
02/11/22
Check No.
9616
9626
9632
9637
9667
9675
9680
9687
9697
9718
9724
9730
9740
9768
9773
9781
9786
9809
9814
9820
9830
9838
9863
9872
9881
9904
Check Amt.
et
$550.22
$569.82
$691.45
$650.73
$569.82
$569.82
$569.82
$569.82
$569.82
$589.92
$589.93
$569.82
$550.30
$550.30
$561.36
$742.31
$550.31
$561.35
$550.30
$562.92
$594.65
$701.29
$620.20
$688.61
$631.33
$678.91
Signatories
Barton/Drummond
Ogilvie/Drummond
Palmer/Drummond
Ogilvie/Drummond
Barton/Drummond
Barton/Drummond
Drummond/Palmer
Drummond/Palmer
Barton/Drummond
Drummond/Palmer
Drummond/Palmer
Drummond/Palmer
Barton/Drummond
Barton/Drummond
Drummond/Palmer
Drummond/Palmer
Ogilvie/Drummond
Barton/Drummond
Barton/Druminond
Bartoii/Drummond
Barton/Drummond
Barton/Drummond
Barton/Drummond
Barton/Drummond
Barton/Drummond
Ogilvie/Drummond
Disposition
Dep Acet No. x-5916
Dep Aect No. x-5916
Dep Aect No. x-5916
Dep AM No. x-5916
Dep Aect No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acet No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acet No. x-5916
Dep Acct No. x-5916
Dep Aect No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Aect No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acet No. x-5916
Dep Acet No. x-5916
Dep Acet No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Barton, 22-0070-C
Page 13
f TIPA.- date,
02/ 18/22
02/22/22
03/03/22
03/11/22
03/18/22
03/25/22
04/01 /22
04/08/22
04/ 15/22
04/22/22
04/29/22
05/06/22
05/13/22
O5/19/22
05/27/22
06/02/22
06/10/22
06/ 17/22
06/24/22
07/01 /22
07/08/22
07/ 16/22
07/22/22
07/29/22
08/05/22
08/12/22
08/19/22
08/26/22
09/02/22
09/09/22
09/16/22
09/23/22
09/30/22
10/07/22
10/14/22
10/21/22
10/28/22
11 /04/22
11/11/22
11/18/22
11/23/22
Check No.
9914
9922
9929
9934
9959
9969
9975
9980
9992
10019
10024
10029
10038
10064
10070
10077
10090
10113
10126
10134
10139
10148
10172
10182
10188
10210
10221
10230
10236
10241
10268
10278
10283
10289
10321
10329
10335
10342
10349
10374
10379
Check Amt.
et
$552.12
$616.79
$602.93
$559.31
$559.32
$703.80
$600.18
$559.32
$559.31
$573.27
$559.31
$559.32
$559.31
$559.31
$559.32
$559.30
$600.19
$559.31
$559.31
$559.32
$559.31
$559.32
$600.17
$559.31
$559.32
$559.31
$559.32
$559.31
$559.32
$559.31
$559.31
$559.32
$559.31
$559.32
$559.30
$559.32
$559.31
$559.31
$559.32
$559.31
$642.01
Signatories
Barton/Drummond
Barton/Drummond
Barton/Drummond
Barton/Drummond
Batton/Dtummond
Ogilvie/Drummond
Barton/Drummond
Barton/Drummond
Barton/Drummond
Barton/Drummond
OgiIvie/Drummond
Barton/Drummond
Ogilvie/Drummond
Barton/Drummond
Ogilvie/Drummond
Ogilvie/Drummond
Kaluza/Drummond
Barton/Drummond
Barton/Drummond
Ogilvie/Drummond
Ogilvie/Drummond
Kaluza/Drummond
Barton/Drummond
Kaluza/Drummond
Barton/Drummond
Ogilvie/Drummond
Barton/Drummond
Ogilvie/Drummond
Ogilvie/Drummond
Ogilvie/Drummond
Ogilvie/Drummond
Ogilvie/Drummond
Ogilvie/Drummond
Ogilvie/Drummond
Barton/Drummond
Barton/Drummond
Barton/Drummond
Ogilvie/Drummond
Kaluza/Drummond
Ogilvie/Drummond
Ogilvie/Drummond
Disposition
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Aect No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No, x-5916
Dep Acct No, x-5916
Dep Acct No. x-5916
Dep Acct No, x-5916
Dep Acct No, x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acet No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acet No. x-5916
Dep Acct No. x-5916
Negotiated 09/09/22
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dep Acct No. x-5916
Dcp Acct No. x-5916
Barton, 22-0070-C
Page 14
Check Amt.
Check Date
Check No.
Net
Signatories
Disposition
12/02/22
10385
$559.32
Ogilvie/Drummond
Dep Acct No. x-5916
12/09/22
10391
$559.31
Barton/Drummond
Dep Acet No, x-5916
12/16/22
10424
$621.10
Kaluza/Drummond
Dep Aect No. x-5916
12/22/22
10432
$682.88
Ogilvie/Drummond
Dep Aect No. x-5916
12/29/22
10436
$642.01
Drummond/Folino
Dep Aect No. x-5916
Total
$42,059.24
a. Of the seventy-two checks issued to F. Barton from August 2021 through December
2022, Barton signed thirty-four checks totaling $19,646.78 as an authorized
Township signatory.
43. Barton participated in votes at monthly Township meetings to approve bill lists on which
payroll issued to Township employees, including F. Barton, was documented as detailed
below:
Meeting
Barton
Barton's
Final Vote
Check Number
Check Amount
Date
Present
Vote
09/15/21
Yes
Motion/Yes
AIF
9616
$550.22
9626
$569.82
9632
$691.45
10/15/21
Yes
Second/Yes
AIF
9637
$650.73
9667
$569.82
9675
$569.82
9680
$569.82
9687
$569.82
11/10/21
Yes
Second/Yes
AlF
9697
$569.82
9718
$589.92
9724
$589.93
9730
$569.82
12/09/21
Yes
Yes
AIF
9740
$550.30
9768
$550.30
9773
$561.36
9781
$742.31
01/03/22
Yes
Yes
AIF
9786
$550.31
9809
$561.35
9814
$550.30
9820
$562.92
02/09/22
Yes
Motion/Yes
AlF
9830
$594.65
9838
$701.29
9863
$620.20
9872
$688.61
9881
$631.33
03/09/22
Yes
Motion/Yes
AIF
9904
$678.91
9914
$552.12
Barton, 22-0070-C
Page 15
Meeting
Barton
Barton's
Final Vote
Check Number
Check Amount
Date
Present
Vote
9922
$616.79
9929
$602,93
04/13/22
Yes
Motion/Yes
AIF
9934
$559.31
9959
$559.32
9969
$703.80
9975
$600.18
9980
$559.32
05/11/22
Yes
Motion/Yes
AIF
9992
$559.31
10019
$573,27
10024
$559.31
10029
$559.32
06/08/22
Yes
Motion/Yes
AIF
10038
$559.31
10064
$559.31
10070
$559,32
10077
$559.30
07/13/22
Yes
Motion/Yes
AIF
10090
$600.19
10113
$559.31
10126
$559.31
10134
$559.32
10139
$559.31
08/10/22
Yes
Yes
AIF
10148
$559.32
10172
$600.17
10182
$559.31
10188
$559.32
09/14/22
Yes
Yes
AIF
10210
$559.31
10221
$559.32
10230
$559.31
10236
$559.32
10241
$559.31
10/12/22
Yes
Yes
AIF
10268
$559.31
10278
$559.32
10283
$559.31
10289
$559.32
11/09/22
Yes
Yes
AIF
10321
$559.30
10329
$559.32
10335
$559.31
10342
$559.31
12/14/22
Yes
*
*
10349
$559,32
10374
$559.31
10379
$642.01
10385
$559.32
10391
$559.31
AIF = All In Favor
*Barton exited meeting prior to vote to pay bills
Barton, 22-0070-C
Page 16
a. Barton voted to approve bill lists at fifteen of sixteen Township meetings held from
September 2021 through December 2022 on which payment to F. Barton as a
Township employee totaling $37,483.98 was documented.
44. Barton's brother, F. Barton, realized a financial gain of approximately $42,059.24 when
Barton participated in actions as a Supervisor to terminate a Township employee, to
interview candidates for the vacant Township position, and to hire F. Barton as a Township
employee without a formal vote or action.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT BARTON
USED HIS POSITION AS A SUPERVISOR TO USE TOWNSHIP EQUIPMENT FOR HIS
OWN PERSONAL USE AT NO COST TO HIMSELF AND/OR TO FACILITATE HIS
EMPLOYMENT AT A SEPARATE MUNICIPAL ENTITY FOR WHICH HE RECEIVED
PAYMENT FROM THE ENTITY.
45. The Lafayette Township Sewer Authority ("LTSA") was created by Lafayette Township
pursuant to the Municipality Authorities Act of 1945.
a. The incorporating body of an authority has no jurisdiction or control over the day-
to-day operations of the authority.
46. The formation of the LTSA was authorized via Resolution adopted by the Lafayette
Township Supervisors dated May 16, 1988, along with corresponding Articles of
Incorporation filed with the Pennsylvania Department of State on June 22, 1988.
Projects to be undertaken by the LTSA included the acquiring, holding,
constructing, improving, maintaining, and operating, owning, leasing, either in the
capacity of lessor or lessee, projects of the following kind and character:
1. Sewage treatment works including works for treating and disposing of
industrial waste;
2. Sewers, sewer systems, or parts thereof; and
3. Building to be devoted wholly or partially for public uses and for revenue -
producing purposes to be associated with. sewage treatment works and
sewer systems.
47. The LTSA is currently governed by a five -Member Board of Directors ("LTSA Board").
a. The LTSA Board holds one regularly scheduled legislative meeting on the fourth
Tuesday of each month.
The LTSA Board does not hold regularly scheduled agenda/workshop
meetings.
Barton, 22-0070-C
Page 17
2. The LTSA Board holds special meetings as necessary.
48, The LTSA employs three separate individuals in the capacities of secretary/treasurer, plant
operator, and back-up plant operator.
a. LTSA employees are issued payroll every two weeks.
49. The LTSA does not maintain an actual sewage processing/treatment plant in relation to its
day -today operations.
a. The LTSA maintains a main pump station with two large vats as well as two
additional pump stations and a meter pit.
b. The LTSA flow is received by and processed at the Bradford Sanitary Authority.
50. The LTSA does not own any traditional operating equipment which can be used for
digging, grading, etc., of any substantial nature.
a. The LTSA owns a small Kubota tractor with a bucket attachment on the front.
1. The Kubota tractor is primarily used for mowing.
51. Barton has been employed as the plant operator for the LTSA since October 25, 2017.
a. Barton performs services as the LTSA plant operator Monday through Friday.
1. Services performed by Barton as the LTSA plant operator include taking
readings, performing pump maintenance, mowing, removing trees,
inspecting sewer lines, etc.
b. Barton works approximately three hours per day at the LTSA.
1. Barton records his hours worked on a payroll worksheet.
C. Barton occasionally performs extra work at the LTSA on Saturdays for which he is
paid his normal hourly rate.
1. Barton communicates any need for Saturday work hours to the LTSA Board
in advance.
52. Barton's wages as the LTSA plant operator have consisted of a combination of hourly
wages and a monthly salary from at least 2019 to the present.
a. Barton has been paid an hourly rate as the LTSA plant operator for his routine
Monday through Friday responsibilities as shown below:
Barton, 22-0070-C
Page 18
Year 2019 2020 2021 2022 2023 2024
Wage $25.00 $25.00 $25.33 $26.09 $26.59 $27.44
b. Barton receives a salary of $300.00 (gross) per month for maintaining an "on -call"
status.
1. Barton's $300.00 per month salary is routinely split into payments of
$100.00 and $200.00 every other pay period.
53. As the LTSA plant operator, Barton is a routine attendee at regularly scheduled LTSA
meetings.
a. Barton provides an operator's report to the LTSA Board at monthly LTSA meetings
as a recurring agenda item.
54. 1n or about fall 2022, Barton conducted a sewer line inspection along an LTSA right-of-
way and discovered several sections of the right-of-way that had wash outs and ditches
which were full.
a, Barton ultimately presented the situation to the LTSA Board at an LTSA meeting.
55. During discussion at the meeting, Barton informed the LTSA Board Members that he could
utilize the Township's Bobcat to clear the washouts and ditches.
a. The LTSA Board was supportive of Barton using the Township's Bobcat due to the
potential financial savings.
1. Barton's use of the Township Bobcat to address the situation negated the
LTSA having to rent equivalent equipment and/or hire a contractor with
his/her own equipment to perform the services.
56. The Township has an understanding with surrounding municipalities which permits
reciprocal use of equipment and resources between the governmental entities.
a. The Township and other municipalities share equipment and manpower for projects
such as blacktopping, tarring and chipping, spring clean-up, etc.
1. The sharing of equipment is done in conjunction with two or more
municipal entities working on a project together.
b. No such agreement exists between the Township and surrounding authorities.
57. The Township may provide a piece of equipment to a neighboring municipality for limited
use if a specific piece of equipment is needed.
a. The applicable piece of equipment must be operated by a Township employee.
Barton, 22-0070-C
Page 19
The employee is to perform the needed service and return to the Township
with the equipment upon completion.
b. No such agreement exists between the Township and surrounding authorities.
58. Barton at no time consulted with Ogilvie or Supervisor Chris Kaluza ("Kaluza") regarding
his use of the Township Bobcat or the Township tip -trailer necessary to haul the Bobcat to
perform services relating to his LTSA employment.
a. Barton had no informal discussion with and had received no approval from Ogilvie
and/or Kaluza, either collectively or separately, to utilize the Township tip -trailer
and/or Bobcat in association with his LTSA employment.
b. No formal discussion and/or vote had occurred at any Township Supervisors
meeting permitting Barton to utilize the Township tip -trailer and/or Bobcat in
association with his LTSA employment.
59. On Friday, October 28, 2022, Barton traveled to the Township garage and directed Bell
and F. Barton to load and secure the Township Bobcat onto the Township tip -trailer.
a. Barton instructed Bell and F. Barton to leave the tip -trailer with the Bobcat outside
the Township garage.
b. Barton informed Bell and F. Barton that he was taking the tip -trailer and Bobcat to
use at the LTSA.
Barton used his personal vehicle to transport the tip -trailer and Bobcat to
and from the LTSA right-of-way.
60. Barton utilized the Township Bobcat on behalf of the LTSA on Saturday, October 29, 2022,
to facilitate the maintenance required on the LTSA right-of-way.
a. Barton claimed 12 hours of work on his LTSA payroll worksheet on October 29,
2022, for ditching, tree removal, and grading "with excavator."
1. Saturday was not a regularly scheduled workday for Barton at the LTSA.
b. Barton returned the tip -trailer with the Bobcat to the Township garage after he had
completed the work for the LTSA.
1. The tip -trailer and Bobcat were present outside of the Township garage
when the road crew employees reported to work on October 31, 2022.
Barton, 22-0070-C
Page 20
61. Barton received payment for the LTSA pay period of October 14, 2022, to October 28,
2022, via LTSA Check Number 909, dated October 28, 2022, in the amount of $1,195.78
(gross).
a. Barton was paid for a total of 42 hours of work at the rate of $26.09 per hour as
well as $100.00 of his monthly on -call salary via Check Number 909.
1. Of the 42 hours of work included in the pay period, Barton received
payment for 12 hours totaling $313.08 in association with work performed
for the LTSA with the Township Bobcat (12.0 x $26.09 = $313.08).
aa. Barton was paid in advance for twelve hours of work on October 29,
2022, on the LTSA October 28, 2022, pay date.
b. Barton negotiated LTSA Check Number 909 on November 1, 2022,
1. Barton's signature appears on the back of LTSA Check Number 909.
62. Barton realized a financial gain of approximately $313.08 when he used his authority as a
Township Supervisor to direct Township employees to make the Township tip -trailer and
Bobcat available to him and subsequently used the Township equipment to facilitate his
performance of work for the LTSA for which he was compensated in his capacity as an
LTSA employee.
THE FOLLOWING FINDINGS RELATE TO THE CREATION OF THE OTTO
TOWNSHIP SANITARY AUTHORITY AND THE AUTHORITY BOARD'S
OPERATIONAL PROCEDURES,
63. The Otto Township Sanitary Authority ("Authority") was created by the Township
pursuant to the Municipality Authorities Act of 1945.
a. The incorporating body of an authority has no jurisdiction or control over the day-
to-day operations of the authority.
64. The formation of the Authority was authorized via ordinance adopted by the Township
Supervisors dated January 22, 1997 (effective January 27, 1997) along with corresponding
Articles of Incorporation filed with the Pennsylvania Department of State on February 18,
1997.
a. Projects to be undertaken by the Authority include the acquiring, financing,
constructing, improving, maintaining, and operating of a municipal sewage system
for the Township as authorized and approved by the Pennsylvania Department of
Environmental Protection or other governmental bodies from time to time.
65. The Authority is governed by a five -Member Board of Directors ("Authority Board").
Barton, 22-0070-C
Page 21
a. The Authority Board holds one regularly scheduled legislative meeting on the third
Tuesday of each month.
1. The Authority Board does not hold regularly scheduled agenda/workshop
meetings.
2. The Authority Board holds special meetings as necessary.
b. Authority Board Members are compensated in their positions via receipt of sewage
service at no cost for one Equivalent Dwelling Unit ("EDU") while serving on the
Authority Board.
1. The single EDU fee is credited to each Authority Board Member's sewage
account.
66. Voting at Authority meetings routinely occurs in group "aye/nay" fashion after a motion is
made and seconded.
a. Unanimous votes in favor of motions/seconds made are signified in the minutes as
"AIF" (All In Favor).
b. Abstentions and/or objections are specifically noted within the meeting minutes
along with the applicable Authority Board Member's name.
67. Minutes of each legislative meeting are presented and reviewed at the subsequent
legislative meeting.
a. A formal vote is taken to approve/accept the minutes presented.
b. Approval/acceptance of the minutes signifies the accuracy of the information
within the minutes.
68. Each Authority Board Member is provided with a packet of information at his/her
Authority Board seat the day of the legislative meeting.
a. The Authority Secretary/Treasurer is responsible for compiling the meeting packet
provided to the Authority Board Members.
69. The meeting packets routinely consist of the upcoming meeting agenda, a copy of the prior
month's meeting minutes, the Treasurer's report, and applicable correspondence.
a. The Treasurer's report identifies expenses paid by the Authority between the date
of the prior meeting and the date of the current meeting, including payroll.
Barton, 22-0070-C
Page 22
1. Information present on the Treasurer's report regarding payroll includes the
respective employee's name, check number, date of payment, and amount
received.
b. The Authority Secretary/Treasurer is responsible for generation and issuance of
checks for payment of bills/payroll due.
70. The Authority Board Members conduct a specific vote at each legislative meeting to
approve payment of the monthly bills.
a. Approval of the bills represents approval of the Treasurer's report.
71. From at least January 2019 until approximately April 2023, payroll was included within
the overall motion and vote to approve the monthly bills.
a. The Authority issued payroll to Barton every two weeks from at least January 2019
through March 2023.
b. The Authority has contracted with CMW Environmental for operator services since
approximately March 22, 2023.
1. The Authority issues payment directly to CMW Environmental based on
monthly service statements received.
72. The Authority currently maintains accounts at Hamlin Bank & Trust Company and
Northwest Bank.
a. The Authority General Fund was maintained at Hamlin Bank & Trust Company
from at least January 15, 1999, through March 19, 2023.
1. Authority payroll was issued from this account during the identified time
frame.
b. The Authority General Fund was moved to Northwest Bank effective March 20,
2023.
1. Authority payroll was issued from this account as of March 20, 2023.
73. Signature authority over Authority accounts is maintained by the Authority Board
Chairman, Vice -Chairman, and Secretary/Treasurer.
a. Authority checks issued require the signatures of any two of the authorized
signatories.
b. Signatures on Authority checks must be live signatures.
Barton, 22-0070-C
Page 23
74. The Township Supervisors are responsible for the appointment of individuals to vacancies
on the Authority Board, whether those vacancies occur by reason of resignation, term
expiration, etc.
a. A full term for an Authority Board Member is five years.
75. Existing and/or pending vacancies on the Authority Board may be identified on the
Authority Facebook page, in the local newspaper, at a public meeting of the Authority
Board, and/or via direct conversation between existing Authority Board Members and
interested individuals.
a. Individuals interested in serving as an Authority Board Member are encouraged to
submit a letter of interest to the Authority Secretaiy/Treasurer for presentation to
the Authority Board for consideration,
76. The Authority Board conducts a formal vote at a public meeting to select candidates to be
considered for appointment/reappointment to the Authority Board.
a. The candidates are subsequently presented to the Township Supervisors for action.
77. The Township Supervisors subsequently conduct formal votes to approve the
appointment/reappointment of the required number of individuals from those presented to
the available seats on the Authority Board.
a, Individuals appointed to the Authority Board are routinely reappointed upon
expiration of their terms unless the individuals express their desire to no longer
serve on the Authority Board.
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT BARTON USED
HIS OFFICE AS A TOWNSHIP SUPERVISOR TO PARTICIPATE IN VOTES OF THE
BOARD OF SUPERVISORS TO APPOINT HIMSELF TO A COMPENSATED
POSITION ON THE AUTHORITY BOARD.
78. Barton served as a Member of the Authority Board from November 9, 2005, to May 15,
2023.
a. On January 3, 2006, the Township Supervisors appointed Barton to serve a full
term on the Authority Board.
b. Barton was reappointed by the Township Supervisors to full terms on the Authority
Board on January 3, 2011, January 4, 2016, and January 4, 2021.
c. Barton served concurrently as an Authority Board Member and a Township
Supervisor from January 7, 2019, to January 6, 2020, and from July 8, 2020, to
January 1, 2023.
Barton, 22-0070-C
Page 24
79. Barton was elected by the Authority Board at the Authority's January 4, 2021,
reorganization meeting to serve an additional five-year term on the Authority Board.
a. The Authority reorganization meeting convened at 5:30 p.m. and adjourned at 5:51
P.M.
80. Balton's election to a new five-year term on the Authority Board was approved by the
Township Supervisors at the Township's January 4, 2021, reorganization meeting.
a. The Township reorganization meeting convened at 6:00 p.m.
b. Authority appointments presented at the Township's 2021 reorganization meeting
were approved via one encompassing motion and vote.
1. Barton was present at the meeting.
2. Barton seconded the motion and voted in favor of the appointments
presented which included his reappointment to the Authority Board.
81. Barton received compensation from the Authority for his service as an Authority Board
Member in the form of free monthly sewage service totaling approximately $1,351.50 over
the date range of January 4, 2021, through May 15, 2023, as detailed below:
Date
Transaction
Amount
Balance
02/01/21
Inv # 97992
$45.50
-$182.00
03/01/21
Inv # 98497
$45.50
-$136.50
04/01/21
Inv # 99004
$45.50
-$91.00
05/01/21
Inv # 99505
$45.50
-$45.50
06/01/21
Inv # 100007
$45.50
$0.00
07/01/21
Inv # 100506
$45.50
$45.50
08/01/21
Inv # 101005
$45.50
$91.00
09/01/21
Inv # 101504
$45.50
$136.50
10/01/21
Inv # 102004
$45.50
$182.00
10/19/21
Credmem4102479
-$273.00
-$91.00
11/01/21
Inv # 102507
$45.50
-$45.50
12/01/21
Inv # 103005
$45.50
$0.00
01/01/22
Inv # 103508
$48.00
$48.00
02/01/22
Inv # 104006
$48.00
$96.00
03/01/22
Inv # 104504
$48.00
$144.00
04/01/22
Inv # 105002
$48.00
$192.00
05/01/22
Inv # 105501
$48.00
$240.00
06/01/22
Inv # 105999
$48.00
$298.00
07/01/22
Inv # 106497
$48.00
$336.00
07/19/22
Credmem4106973
-$576.00
-$240.00
08/01/22
Inv # 106999
$48.00
-$192.00
09/01/22
Inv # 107496
$48.00
-$144.00
Barton, 22-0070-C
Page 25
Date
Transaction
Amount
Balance
10/01/22
Inv # 107993
$48,00
-$96.00
11/01/22
Inv # 108487
$48,00
-$48.00
12/01/22
Inv # 108980
$48.00
$0.00
01/01/23
Inv # 109476
$55.00
$55.00
02/01/23
Inv # 109969
$55.00
$110.00
02/01/23
Credmem#110439
-$275.00
-$165,00
03/01/23
Inv # 110468
$55,00
-$110.00
04/01/23
Inv # 110966
$55.00
-$55.00
05/01/23
Inv # 111461
$55.00
$0.00
Total
$1,351.50
82. Barton realized a financial gain of approximately $1,351.50 in credits to his personal
sewage account when he participated in the vote as a Member of the Board of Supervisors
at its January 4, 2021, reorganization meeting to appoint himself to a compensated position
on the Authority Board.
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT BARTON USED
HIS OFFICE AS A MEMBER OF THE AUTHORITY BOARD WHEN HE
PARTICIPATED IN VOTES TO APPROVE ANNUAL AUTHORITY BUDGETS WHICH
INCLUDED WAGE INCREASES FOR HIMSELF AS THE PLANT OPERATOR AND
WHEN HE PARTICIPATED IN VOTES AT AUTHORITY REORGANIZATION
MEETINGS TO APPROVE WAGE INCREASES FOR HIMSELF AS THE PLANT
OPERATOR.
83. The Pennsylvania Department of Environmental Protection ("DEP"), Bureau of Clean
Water, is responsible for administering the wastewater management program in
Pennsylvania.
84. The majority of drinking water and/or wastewater systems in Pennsylvania require a
certified operator for operation.
85. DEP assigns a classification to wastewater treatment systems based on the size of the
system as well as a treatment subclassification to systems or laboratory supervisors based
on the treatment method used by the plant or the role performed by the lab supervisor.
86. A wastewater treatment operator must hold the proper classification and subclassification
certification to operate his/her assigned system,
87. Although most wastewater systems in Pennsylvania require a certified operator, not all
operators working at the facilities are required to be certified.
a. The DEP certification program allows certified operators to direct and oversee non -
certified operators' performance of certain actions using Standard Operating
Procedures ("SOP").
Barton, 22-0070-C
Page 26
1. The SOP must be written and approved by the certified operator -in -
responsible -charge for the system.
2. Non -certified operators may perform activities including sample collection,
sample testing, etc., in accordance with the written SOP.
b, Although non -certified operators may perform activities under the written SOP, the
certified operator is responsible by law for proper operation of the system,
88. The Authority wastewater treatment system is identified as a Class CE, Subclass 4 system
by DEP.
a. A certified operator for the Authority system must hold a minimum of a Class CE
certification and a Subclass Level 4 certification.
89. At the January 16, 2006, Authority meeting, plant operator David Ball ("Ball") initiated
discussion regarding the need for an additional operator.
a. Ball offered to accept a reduction in salary so that the Authority could afford an
additional operator.
b. Ball questioned if Barton was interested in being trained to operate the plant.
1. Barton was present at the meeting in his capacity as an Authority Board
Member.
2, Barton had no wastewater certifications at that time.
90. In 2006, the Authority approved Barton's salary to be $700.00 monthly.
a. The Authority also required Barton to continue to progress in his certification
process.
91. Barton maintains financial accounts with his spouse, Kara Barton, at Northwest Bank as
well as at Mt. Laurel Federal Credit Union.
92. The Authority routinely begins development of its annual budget in October or November
of each year for the following year.
a. A draft of the proposed budget is automatically generated through Quickbooks by
the Authority Secretary/Treasurer who presents it to the Authority Board for
consideration at the budget meeting(s).
1. The Authority routinely holds one to two budget meetings each year.
Barton, 22-0070-C
Page 27
93. Each line item in the draft budget is reviewed and considered by the Authority Board on
an individual basis.
a. Any questions, issues, concerns, etc., raised during the Authority Board's review
of the budget's individual line items are addressed at the meeting(s) as needed.
94. Increases in compensation for Authority employees are discussed and determined by the
Authority Board during the budget meetings based on the Authority's financial position.
a. The total difference in compensation between the wage approved for the upcoming
year and the current year is calculated and added into the budget for formal
Authority Board approval.
95. Once reviewed, the Authority Board approves the public advertisement of the proposed
budget in its circular of record (The Bradford Era).
a. Individuals wishing to review the proposed Authority budget can do so at the
Authority office after the advertisement is posted.
b. The proposed budget is available for public review at the Authority office for
approximately one month.
96. The Authority's annual budget is routinely approved/passed by the Authority Board at its
December legislative meeting.
a. The approved budget becomes effective January 1sr
97. Municipal authorities conduct reorganization meetings on the first Monday of January
annually unless the first Monday in January is an official holiday.
a. Employee raises included within the budget adopted for the upcoming year are
approved at the Authority's January reorganization meeting.
98. The Authority Board held budget workshop meetings on October 28, 2019; November 5,
2020; October 11, 2021; and October 25, 2022, for the Authority's 2020 through 2023
annual budgets.
a. Barton was present for and participated in the Authority budget workshop meetings.
1. Barton did not excuse or otherwise remove himself from the meetings when
his potential wage increase as the plant operator was discussed.
2. Barton was aware of the amount of his pending annual raises due to his
presence at the budget meetings.
Barton, 22-0070-C
Page 28
99. Barton participated in actions of the Authority Board from 2019 through 2022 to
accept/advertise the 2020 through 2023 calendar year proposed Authority budgets and to
subsequently adopt the budgets as detailed below:
a. Barton's actions to accept/advertise:
Meeting
Barton
Barton's
Final Vote
% Increase
Date
Present
Vote
Proposed
11/19/2019
Yes
*
*
3.0%
11/17/2020
Yes
Second/Yes
5-0
3.0%
11/16/2021
Yes
Motion/Yes
4-0
5.0%
11/15/2022
Yes
Motion/Yes
3-0
5.0%
*No vote recorded in minutes
b. Barton's actions to adopt:
Meetinlz
Barton
Barton's
Final Vote
% Increase
Date
Present
Vote
Approved
12/17/2019
Yes
Yes
5-0
3.0%
12/16/2020
Yes
Motion/Yes
4-0
3.0%
12/21/2021
Yes
Second/Yes
3-0
5.0%
12/20/2022
No
N/A
N/A
5.0%
100. Salary increases for Barton were consistently presented for approval at Authority Board
reorganization meetings held for the 2020 through 2023 calendar years.
a. Barton's wage increases, Authority appointments, and other items of business
proposed at the Authority's 2020 and 2021 reorganization meetings were acted on
via one encompassing motion and vote.
b. Barton's wage increases, Authority appointments, and other items of business
proposed at the Authority's 2022 and 2023 reorganization meetings were acted on
via individual motion and vote.
Barton, 22-0070-C
Page 29
101. Barton participated in votes as an Authority Board Member at reorganization meetings
from 2020 through 2023 to approve annual increases to his plant operator monthly salary
as shown below:
Meetint
Increases
Barton
Barton's Final Vote'
Date
Approved
Present
Vote
01/06/2020
Barton — 3%
Yes
Yes AIF
01/04/2021
Barton -- 3%
Yes
Motion/Yes AIF
01/03/2022 Barton — 5% Yes Yes AIF
01/03/2023 Barton— 5% Yes Yes AIF
^AIF signifies a unanimous vote of "All In Favor"
a. Barton's salary as the Authority plant operator for the 2019 calendar year was
$18,099.90.
1. Barton's 3% increase for the 2020 calendar year was based on his salary for
the 2019 calendar year.
102. Barton's salary increased in the total approximate amount of $2,295.00 from the 2020
calendar year into the 2023 calendar year based on raises approved at Authority Board
reorganization meetings as detailed below;
Year
Starting%
Increase
New Salary �
Salary Increase
Salary*
Approved
2020
$18,100.00
3.00
$18,643.00
$543.00
2021
$18,643.00
3.00
$19,202.00
$559.00
2022
$19,202.00
5.00
$20,162.00
$960.00
2023
$20,162.00
5.00
$21,170.00
233.00"
Total
$2,295.00
*Rounded to nearest whole dollar
^Actual salary increase realized determined per number of paychecks issued through March 20, 2023
a. Barton consistently voted to approve wage increases for himself as the Authority
plant operator at Authority Board reorganization meetings held from January 2020
through January 2023.
103. Barton participated in votes at monthly Authority meetings to approve the payment of bills
which included Barton's payroll checks as the Authority plant operator as detailed below:
Meeting Date Barton Barton's Final Vote
Present Vote
04/16/2019 Yes Motion/Yes AIF
05/21 /2019
Barton, 22-0070-C
Page 30
Meeting Date
Barton
Barton's
Final Vote
Present
Vote
06/18/2019
Yes
Yes
AIF
07/17/2019
Yes
Second/Yes
AIF
08/20/2019
Yes
Second/Yes
AIF
09/17/2019
Yes
Yes
AIF
10/15/2019
Yes
Yes
AIF
11/15/2019
Yes
Yes
AIF
12/17/2019
Yes
Second/Yes
AIF
01/21/2020
Yes
Yes
AlF
02/18/2020
Yes
Motion/Yes
AIF
03/17/2020
Yes
NVD
NVD
04/21/2020
No
N/A
N/A
05/19/2020
Yes
Second/Yes
AIF
06/16/2020
Yes
Second/Yes
AIF
07/21/2020
Yes
Yes
AIF
08/18/2020
Yes
Yes
AIF
09/15/2020
Yes
Yes
AIF
10/20/2020
Yes
Yes
AlF
11/17/2020
Yes
Yes
AlF
12/16/2020
Yes
Motion/Yes
AlF
01/19/2021
^
^
^
02/16/2021
Yes
Second/Yes
AIF
03/16/2021
Yes
Motion/Yes
AlF
04/20/2021
Yes
Second/Yes
AIF
05/18/2021
Yes
Second/Yes
AIF
06/15/2021
Yes
Second/Yes
AlF
07/20/2021
Yes
Motion/Yes
AIF
08/17/2021
Yes
Motion/Yes
AlF
09/21/2021
Yes
Motion/Yes
AIF
10/19/2021
Yes
Motion/Yes
AIF
11/16/2021
Yes
Motion/Yes
AlF
12/21/2021
Yes
Motion/Yes
AIF
01/18/2022
Yes
Motion/Yes
AIF
02/15/2022
Yes
Motion/Yes
AlF
03/15/2022
Yes
Yes
AIF
04/19/2022
Yes
Yes
AIF
05/17/2022
Yes
Yes
AlF
06/21/2022
Yes
Yes
AIF
07/19/2022
Yes
Yes
AIF
08/16/2022
Yes
Motion/Yes
AIF
09/20/2022
Yes
Motion/Yes
AIF
10/18/2022
Yes
Motion/Yes
AIF
11/15/2022
Yes
Motion/Yes
AlF
12/20/2022
No
N/A
N/A
01/17/2023
Yes
Yes
AIF
Barton, 22-0070-C
Page 31
Meeting Date
Barton
Barton's
Final Vote
Present
Vote
02/21/2023
Yes
Yes
AIF
03/21/2023
Yes
04/18/2023
No
N/A
N/A
05/16/2023
No
NIA
NIA
AIF = All In Favor
NVD = No Vote Documented in Minutes
^Minutes of the meeting could not be located
*Barton exited meeting prior to vote to pay bills
a. Barton voted to approve bill lists at a minimum of 42 of 47 Authority Board
meetings held from April 2019 through February 2023 on which payment to Barton
as the Authority plant operator was documented.
104. Barton received compensation from the Authority in the form of 104 checks totaling
approximately $76,816.00 (gross) over the time frame of April 8, 2019, through March 20,
2023, as detailed within the chart below:
Cheek Date
Check No.
Gross Amount
Net Amount
Signatories
Disposition
04/08/19
5298
$696.15
$500.16
Barton/Gardner
Dep: NW Bank x-7202
04/22/19
5315
$696.15
$500.15
Barton/Gardner
Dep: NW Bank x-7202
05/06/19
5318
$696.15
$500,14
Barton/Gardner
Cashed
05/20/19
5320
$696.15
$500.15
Barton/Gardner
Cashed
06/03/19
5340
$696.15
$500.15
Barton/Gardner
Dep: NW Bank x-7202
06/17/19
5342
$696.15
$500.14
Barton/Gardner
Cashed
07/01/19
5355
$696.15
$500.15
Barton/Gardner
Cashed
07/15/19
5360
$696.15
$500.14
Barton/Gardner
Cashed
07/29/19
5375
$696.15
$500.15
Barton/Gardner
Dep: NW Bankx-7202
08/12/19
5379
$696.15
$500.15
Barton/Gardner
Dep: NW Bank x-7202
08/26/19
5394
$696.15
$500.15
Barton/Gardner
Dep: NW Bank x-7202
09/09/19
8569*
$696.15
$500.14
Barton/Gardner
Dep: NW Bank x-7202
09/23/19
5413
$696.15
$500.15
Barton/Gardner
Dep: NW Bank x-7202
10/07/19
5414
$696.15
$500.15
Barton/Gardner
Dep: NW Bank x-7202
10/21/19
5427
$696.15
$500.14
Barton/Gardner
Dep: NW Bank x-7202
1/04/19
5429
$696.15
$500.15
Barton/Gardner
Dep: NW Bank x-7202
11/18/19
5431
$696.15
$500.14
Barton/Gardner
Dep: NW Bank x-7202
12/02/19
5449
$696.15
$500.16
Barton/Gardner
Dep: NW Bank x-7202
12/16/19
5452
$696.15
$500.15
Barton/Gardner
Dep: NW Bank x-7202
12/30/19
5470
$696.15
500.14
Barton/Gardner
Dep: NW Bank x-7202
$13,923.00
$13,223.82
01/13/20
5473
$717.04
$516.57
Barton/Gardner
Dep: NW Bankx-7202
01/27/20
5486
$7I7.04
$516.59
Barton/Gardner
Dep: NW Bank x-7202
02/10/20
5487
$717.04
$516.57
Barton/Gardner
Dep: NW Bank x-7202
02/24/20
5497
$717.04
$516.57
Barton/Gardner
Dep: NW Bank x-7202
03/09/20
5498
$717.04
$709.87
Barton/Gardner
Dep: NW Bank x-7202
03/23/20
5513
$717.04
$323.29
Barton/Gardner
Dep: NW Bank x-7202
04/06/20
5516
$717.04
$516.57
Barton/Gardner
Dep: NW Bank x-7202
Barton, 22-0070-C
Page 32
Check Date
Check No.
Gross Amount
Net Amount
Sipuatod
Disposition
04/20/20
5519
$717.04
$516.58
Barton/Gardner
Cleared Bank 04122/20-
05/04/20
5534
$717.04
$516.58
Barton/Gardner
Dep: NW Bank x-7202
05/18/20
5536
$717.04
$516.58
Barton/Gardner
Dep: NW Bank x-7202
06/01/20
5549
$717.04
$516.57
Barton/Gardner
Dep: NW Bank x-7202
06/15/20
5552
$717.04
$516.58
Barton/Gardner
Dep: NW Bank x-7202
06/29/20
5567
$717.04
$516.58
Barton/Gardner
Dep: NW Bank x-7202
07/13/20
5569
$717,04
$516.57
Barton/Gardner
Dep: NW Bank x-7202
07/27/20
5583
$717.04
$516.57
Barton/Gardner
Dep: NW Bank x-7202
08/10/20
5586
$717.04
$516.59
Barton/Gardner
Dep: NW Bank x-7202
08/24/20
5599
$717.04
$516.57
Barton/Gardner
Dep: NW Bank x-7202
09/08/20
5611
$717.04
$516.57
Barton/Gardner
Dep: NW Bank x-7202
09/21/20
5626
$717.04
$516.59
Barton/Gardner
Dep: NW Bank x-7202
10/05/20
5627
$717.04
$516.57
Barton/Gardner
Dep: NW Bank x-7202
10/19/20
5629
$717.04
$516.57
Barton/Gardner
Dep: NW Bank x-7202
11/02/20
5645
$717.04
$516.58
BattonlGardner
Dep: NW Bank x-7202
11/16/20
5646
$717.04
$516.57
Barton/Gardner
Dep: NW Bank x-7202
11/30/20
5667
$717.04
$516.57
Barton/Gardner
Cleared Bank 12/02/20-
12/14/20
5669
$717.04
$516.58
Barton/Gardner
Dep: NW Bank x-7202
12/28/20
5682
$717.04
$516.58
Barton/Gardner
Dep: NW Bank x-7202
$18,643.04
$13,430.98
01/11/21
5683
$738.55
$533.55
Barton/Drummond
Dep: NW Bank x-7202
01/25/21
5694
$738.55
$533.54
Barton/Drummond
Dep: NW Bank x-7202
02/08/21
5696
$738.55
$533.55
BartonlDrummond
Dep: NW Bank x-7202
02/22/2I
5708
$738.55
$533.55
Barton/Drummond
Dep: NW Bank x-7202
03/08/21
5710
$738.55
$533.55
Barton/Drummond
Dep: NW Bank x-7202
03/22/21
5724
$738.55
$533.55
Barton/Drummond
Dep: NW Bank x-7202
04/05/21
5726
$738.55
$533.55
Barton/Drummond
Dep: NW Bank x-7202
04/19/21
5728
$738.55
$533.54
Barton/Drummond
Dep: NW Bank x-7202
05/03/21
5742
$738.55
$533.55
Barton/Drummond
Dep: NW Bank x-7202
05/17/21
5744
$738.55
$533.55
Barton/Drummond
Dep: NW Bank x-7202
05/28/21
5759
$738.55
$533.55
Drummond
Dep: NW Bank x-7202
06/14/21
5761
$738.55
$533.54
Barton/Drummond
Dep: NW Bank x-7202
06/28/21
5780
$738.55
$533.55
Barton/Drummond
Dep: NW Bank x-7202
07/12/21
5781
$738.55
$533.55
Barton/Drummond
Dep: NW Bank x-7202
07/26/21
5796
$738.55
$533.55
Barton/Drummond
Dep: NW Bank x-7202
08/09/21
5799
$738.55
$533.55
Barton/Drummond
Dep: NW Bank x-7202
08/23/21
5815
$738.55
$533.55
Barton/Drummond
Dep: NW Bank x-7202
09/03/21
5817
$738.55
$533.54
Barton/Drummond
Dep: NW Bank x-7202
09/20/21
5819
$738.55
$533.55
Barton/Drommond
Dep: NW Bank x-7202
10/04/21
5835
$739.55
$533.55
Barton/Drummond
Dep: NW Bank x- 9572
10/18/21
5837
$738.55
$533.54
Barton/Drummond
Dep: NW Bank x-7202
11/01/21
5848
$738.55
$533.55
Barton/Drummond
Cleared Bank 11/03/21-
1 i/15/21
5849
$738.55
$533.55
BartonlDrummond
Cleared Bank 11/22I21
11/29/21
5865
$738.55
$533.54
Barton/Drummond
Cleared Bank 12107/21-
12/13/21
5867
$738.55
$533.56
Barton/Drummond
Cleared Bank 12116/21-
12/27/21
5881
$738.55
$533.55
Barton/Drummond
Cleared Bank 12/29/21-
$19,202.30
$13,872.25
Barton, 22-0070-C
Page 33
Check Date
Cheek No.
Gross Amount
Net Amount
Sienatories
Disposition
01/10/22
5984
$775.47
$564.12
Barton/Drumniond
Dep: NW Bank x-7202
01/24/22
5894
$775.47
$564.12
Barton/Drummond
Dep: NW Bank x-7202
02/07/22
5897
$775.47
$564.12
Barton/Drummond
Dep: NW Bank x-7202
02/21/22
5912
$775.47
$564.12
Barton/Drummond
Dep: NW Bank x-7202
03/07/22
5914
$775.47
$564.12
Barton/Drummond
Dep: NW Bank x-7202
03/21/22
5915
$775.47
$564.13
Barton/Drummond
Dep: NW Bank x-7202
04/04/22
5928
$775.47
$564.12
Barton/Drummond
Dep: NW Bank x-7202
04/18/22
5929
$775.47
$564,13
Barton/Drummond
Dep: NW Bank x-7202
05/02/22
5942
$775.47
$564.11
Barton/Drummond
Dep: NW Bank x-7202
05/16/22
5944
$775.47
$564.13
Barton/Drummond
Dep: NW Bank x-7202
05/30/22
5954
$775.47
$564.11
Barton/Drummond
Dep: NW Bank x-7202
06/13/22
5958
$775.47
$564.13
Barton/Drummond
Dep: NW Bank x-7202
06/27/22
5970
$775.47
$564.11
Barton/Drummond
Dep: NW Bank x-7202
07/07/22
5971
$775.47
$564.13
Barton/Drummond
Dep: NW Bank x-7202
07/25/22
5994
$775,47
$564.12
Barton/Drummond
Dep: NW Bank x-7202
08/08/22
5986
$775.47
$564,12
Barton/Drummond
Dep: NW Bank x-7202
08/22/22
5996
$775.47
$564.12
Barton/Drummond
Dep: NW Bank x-7202
09/02/22
5998
$775.47
$564.12
Barton/Drummond
Cleared Bank 09/06/21--
09/19/22
6001
$775.47
$564.13
Barton/Drummond
Dep: NW Bank x-7202
10/03/22
6011
$775.47
$564.11
Barton/Drummond
Dep: NW Bank x-7202
10/17/22
6013
$775.47
$564.13
Barton/Drnmmond
Dep: NW Bank x-7202
10131/22
6025
$775.47
$564.12
Barton/Drummond
Dep: NW Bank x-7202
11/14/22
6026
$775.47
$564.12
Barton/Drummond
Dep: NW Bank x-7202
11/28/22
6036
$775.47
$564.12
Barton/Drnmmond
Dep: NW Bank x-7202
12/12/22
6041
$775.47
$564.12
Barton/Drummond
Dep: NW Bank x-7202
12/22/22
6042
$775,47
$564,12
Barton/Drummond
Cleared Bank 12/23/21-
$20,162.22
$14,667.15
01/09/23
6057
$814.24
$598.32
Barton/Drummond
Dep: NW Bank x-7202
01/23/23
6067
$814.24
$598,16
Barton/Drummond
Dep: NW Bank x-7202
02/06/23
6068
$814.24
$598.24
Barton/Drummond
Dep: NW Bank x-7202
02/20/23
6070
$814.24
$598.24
Barton/Drummond
Dep: NW Bank x-7202
03/06/23
6081
$814.24
$598.25
Barton/Drummond
Dep: NW Bank x-7202
03/20/23
6100
$814.24
$598,23
Barton/Drummond
Dep: NW Bank x-7202
$4,885.44
$3,589.44
*Barton's Authority employee wages mistakenly paid via Check No. 8569 written from the Township
General Fund Account
"Only one signature present on check
-Barton's signature present endorsing check
Cleared hank = date check was processed; actual negotiation date illegible.
a. Barton signed as one of two authorized signatories on 103 of his 104 payroll checks
received from the Authority as the plant operator.
105. Barton realized a financial gain of approximately $2,295.00 when he participated in votes
as a Member of the Authority Board to approve Authority budgets which included wage
increases for himself as the plant operator and when he participated in votes as a Member
of the Authority Board at Authority reorganization meetings to formally approve his own
wage increases as shown below:
Barton, 22-0070-C
Page 34
Year
Salary Increase
2020
$543.00
2021
$559.00
2022
$960.00
2023
$233.00
Total
$2,295.00
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT BARTON, AS A
MEMBER OF THE BOARD OF SUPERVISORS, FAILED TO FILE STATEMENTS OF
FINANCIAL INTERESTS FOR CALENDAR YEARS 2019, 2020, 2021, AND 2022, AND
AS A MEMBER OF THE AUTHORITY BOARD, FAILED TO FILE STATEMENTS OF
FINANCIAL INTERESTS FOR CALENDAR YEARS 2019, 2020, 2021, 2022, AND 2023.
106. Statement of Financial Interests ("SFI") filing requirements for public officials and public
employees are mandated by Section 1104 of the Ethics Act.
a. Section 1104(a) reads, in part, as follows:
"...Any other public employee or public official shall file a statement of financial
interests with the governing authority of the political subdivision by which he is
employed or within which he is appointed or elected no later than May 1 of each
year that he holds such a position and of the year after he leaves such a position."
107. Barton was required to file SFIs for calendar years 2019 through 2022 in his capacity as a
Township Supervisor and for calendar years 2019 through 2023 in his capacity as a
Member of the Authority Board.
a. SFIs are required to be filed by May I" annually.
1. The SFI filing deadline was extended to July 15"' in the 2020 filing year and
June I` in the 2021 filing year due to the COVID-19 pandemic.
108. An SFI compliance review was conducted on February 15, 2024, regarding the Township
as well as the Authority.
a. Barton had no SFIs on file at the Township/Authority office for review.
The Township and the Authority both operate from the same office located
at 693 Main Street, Duke Center, PA 16729.
109. Section 1104(d) of the Ethics Act mandates, in part, that a public official may not receive
compensation from public funds unless he/she has filed an SFI as required by said chapter.
Barton, 22-0070-C
Page 35
a. Barton consistently received compensation in his capacities as a Township
Supervisor and an Authority Board Member although he had no SFIs on file with
the Township or the Authority.
110. The Township maintains its General Fund at Northwest Bank under Account No. x-6681.
a. Checks issued to Township Supervisors for compensation in their roles as public
officials are written from the Township General Fund.
111. Barton participated in votes at monthly Township Supervisor meetings to accept the
Township Treasurer's reports and approve the payment of bills which included
compensation to Barton in his capacity as a Township Supervisor as detailed below:
Meetina Date
Barton Present
Barton's Vote
Final Vote
Check Number
Check Amount-
04/10/2019
Yes
Motion/Yes
Unanimous
8395
$100.00
05/08/2019
Yes
Motion/Unknown
NVD
8432
$100.00
06/12/2019
Yes
Motion/Yes
Unanimous
9482
$100.00
07/10/2019
No
N/A
N/A
8497
$100.00
08/14/2019
Yes
Second/Yes
Unanimous
8539
$100.00
09/11/2019
Yes
Yes
Unanimous
$584
$100.00
10/09/2019
Yes
Second/Yes
Unanimous
8620
$100.00
11/13/2019
Yes
Motion/Yes
Unanimous
8639
$ I00.00
12/11/2019
Yes
Motion/Unknown
NVD
8701
$100.00
09/12/2020
Yes
Motion/Yes
Unanimous
9007
$100.00
9032
$100.00
09/09/2020
Yes
Motion/yes
Unanimous
9072
$100.00
10/14/2020
Yes
Motion/yes
Unanimous
9090
$100,00
11/12/2020
Yes
Yes
Unanimous
^
A
12/09/2020
Yes
Motion/Yes
Unanimous
9164
$100,00
9205
$100.00
01/04/2021
Yes
Motion/Yes
Unanimous
^
A
02/10/2021
Yes
Motion/Yes
AIF
9242
$100.00
03/10/2021
Yes
Yes
AIF
9316
$100.00
04/04/2021
Yes
Motion/Yes
AIF
9340
$100M
9392
$100.00
05/12/2021
Yes
Yes
AIF
9469
$100.00
06/09/2021
Yes
Yes
AIF
9498
$100.00
07/14/2021
Yes
Second/Yes
AIF
9548
$100.00
08/11/2021
Yes
Second/Yes
AIF
^
A
09/15/2021
Yes
Motion/Yes
AIF
9589
$100.00
10/15/2021
Yes
Second/Yes
A1F
9662
$100.00
9692
$100.00
11/10/2021
Yes
Second/Yes
AIF
^
A
12/08/2021
Yes
Yes
AlF
9737
$100.00
01/03/2022
Yes
Yes
AIF
9804
$100.00
9835
$100.00
02/09/2022
Yes
Motion/Yes
AIF
9902
$100.00
03/09/2022
Yes
Motion/Yes
AIF
9952
$100.00
Barton, 22-0070-C
Page 36
Meetins Date
Barton Present
Barton's Vote
Final Vote
Check Number
Clieck Amount-
04/13/2022
Yes
Motion/Yes
AIF
9987
$100.00
05/11/2022
Yes
Motion/Yes
AIF
10034
$100.00
06/08/2022
Yes
Motion/Yes
AIF
10087
$100.00
07/13/2022
Yes
Motion/Yes
AIF
10144
$100.00
08/10/2022
Yes
Yes
AIF
^
A
09/14/2022
Yes
Yes
AIF
10215
$I00.00
10246
$100.00
10/12/2022
Yes
Yes
AIF
10316
$100.00
11/09/2022
Yes
Yes
AIF
10368
$100.00
12/14/2022
Yes
*
*
10419
$100.00
Total
$3 900.00
Gross Amount
No check to Barton documented on bill list
* Barton exited meeting prior to vote to pay bills
NVD = No Vote Documented
AIF = All In Favor
a. Barton motioned and/or voted to accept the Township Treasurer's reports and
approve the payment of bills at Township Supervisors meetings held from April
2019 through December 2022 a minimum of 31 of 33 times on which payment to
Barton as a public official was documented.
112. Barton received compensation for service as a Township Supervisor in the form of 39
checks totaling $3,900.00 over the date range of April 2019 through December 2019 and
July 2020 through December 2022 as detailed below:
Meeting Date
Barton Present
Barton's Vote
Final Vote
Check Number
Check Amount
04/10/2019
Yes
Motion/Yes
Unanimous
8395
$100.00
05/08/2019
Yes
Motion/Unknown
NVD
8432
$100.00
06/12/2019
Yes
Motion/Yes
Unanimous
8482
$100.00
07110/2019
No
N/A
N/A
8497
$100.00
08/14/2019
Yes
Second/Yes
Unanimous
8539
$100.00
09/1112019
Yes
Yes
Unanimous
8584
$t00.00
10/09/2019
Yes
Second/Yes
Unanimous
8620
$100.00
11/1312019
Yes
MotionlYes
Unanimous
8639
$100.00
12/11/2019
Yes
Motion/Unknown
NVD
8701
$100.00
08/12/2020
Yes
Motion/Yes
Unanimous
9007
$100.00
9032
$100.00
09/09/2020
Yes
Motion/Yes
Unanimous
9072
$100.00
10/14/2020
Yes
Motion/Yes
Unanimous
9090
$100,00
11/12/2020
Yes
Yes
Unanimous
^
12/09/2020
Yes
Motion/Yes
Unanimous
9164
$100.00
9205
$100.00
01/04/2021
Yes
Motion/Yes
Unanimous
^
02/10/2021
Yes
Motion/Yes
AIF
9242
$100.00
03/10/2021
Yes
Yes
AIF
9316
$100.00
04/04/2021
Yes
Motion/Yes
AIF
9340
$100.00
9392
$100.00
05/12/2021
Yes
Yes
AIF
9469
$100.00
06/09/2021
Yes
Yes
AIF
9498
$100.00
07/14/2021
Yes
Second/Yes
AIF
9548
$100.00
08/11/2021
Yes
Second/Yes
AIF
^
^
Barton, 22-0070-C
Page 37
Meeting Date
Barton Present
Barton's Vote
Final Vote
Check Number
Check Amount^-
09/15/2021
Yes
Motion/Yes
AIF
9589
$100.00
10/15/2021
Yes
Second/Yes
AIF
9662
$100.00
9692
$100.00
11110/2021
Yes
Second/Yes
AIF
^
^
12/08/2021
Yes
Yes
AIF
9737
$100.00
01/0312022
Yes
Yes
AIF
9804
$100.00
9835
$100.00
02/09/2022
Yes
Motion/Yes
AIF
9902
$100..00
03/09/2022
Yes
Motion/Yes
AIF
9952
$100.00
04/13/2022
Yes
Motion/Yes
AIF
9987
$100.00
05/11/2022
Yes
Motion/Yes
AIF
10034
$100.00
06/08/2022
Yes
Motion/Yes
AIF
10087
$100.00
07/13/2022
Yes
Motion/Yes
AIF
10144
$100.00
08/10/2022
Yes
Yes
AIF
A
^
09/14/2022
Yes
Yes
AIF
10215
$100.00
10246
$100.00
10/12/2022
Yes
Yes
AIF
10316
$100.00
11/09/2022
Yes
Yes
AIF
10368
$100.00
12/14/2022
Yes
*
*
10419
$100.00
Total
$3 900.00
* Gross amount
* Cleared bank=date check was processed; actual negotiation date illegible.
a. Barton signed eleven of his thirty-nine checks received as an authorized Township
signatory.
b. Barton was not eligible to receive compensation from the Township per Section
1104(d) of the Ethics Act.
113. Barton received compensation for service as an Authority Board Member in the form of
credited sewer service payments totaling $1,351.50 over the date range of February 2021
through May 2023.
a. Barton was not eligible to receive compensation from the Authority per Section
1104(d) of the Ethics Act.
114. Batton, in his capacity as a Township Supervisor, realized a total private pecuniary gain of
approximately $5,564.58 when he participated in votes and actions to employ his brother
as a member of the Township road/sanitation crew, when he utilized Township equipment
to facilitate his employment at and receive compensation from the LTSA, when he
elected/appointed himself to a compensated position on the Authority Board, and when he
failed to file SFIs for calendar years 2019 through 2022; and Barton, in his capacity as a
Member of the Authority Board, realized a total private pecuniary gain of approximately
$2,295.00 when lie participated in votes to approve annual Authority budgets with the
knowledge that raises for himself as the Authority plant operator were included within the
annual budgets, participated in votes during Authority reorganization meetings to approve
wage increases for himself as the Authority plant operator, and failed to SFIs with the
Authority for calendar years 2019 through 2023 as detailed below:
Barton, 22-0070-C
Page 38
Description Amount
Supervisor
Employment of brother with Township $0.00
Use of Township equipment $313.08
Voting to appoint himself to Authority Board $1,351.50
Failure to file SFIs $3,900.00
Total $5,564.58
Authority Bovril Member
Voting to approve Authority budget and wages $2,295.00
increases
Failure to file SFIs* $0.00
Total $2,295.00
Total Gain $7,859.58
*Accounted for in noting to appoint himself to Authority Board
III. DISCUSSION:
As a Supervisor for Otto Township ("Township"), McKean County, Pennsylvania, from
January 7, 2019, to January 6, 2020, and from July 8, 2020, to January 1, 2023, and as a Member
of the Otto Township Sanitary Authority ("Authority") Board of Directors from November 9,
2005, to May 15, 2023, Eric Barton ("Barton") was a public official subject to the provisions of
the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sec..
The allegations are as follows.
(1) That Barton, as a Township Supervisor, violated Sections 1103(a), 1104(a), and
1104(d) of the Ethics Act:
(a) When he used the authority of his public position to effectuate the hiring of
his brother to a paid position in the Township, resulting in a private
pecuniary benefit to his brother;
(b) When he used the authority of his public position to use Township
equipment for his own personal use at no cost to himself and/or to facilitate
his employment at a separate municipal entity for which he received
payment from that entity;
(c) When he used the authority of his public position to participate in the vote
which included his reappointment to a compensated position on the
Authority Board of Directors; and
(d) When he failed to file Statements of Financial Interests ("SFIs") for
calendar years 2019, 2020, 2021, and 2022.
Barton, 22-0070-C
Page 39
(2) That Barton, as a Member of the Authority Board of Directors, violated Sections
1103(a), 1104(a), and I I04(d) of the Ethics Act:
(a) When he participated in votes to approve the budget with the lurowledge
that his own raise was included in the budget and separately voted to
approve increased wages for himself; and
(b) When he failed to file SFIs for calendar years 2019, 2020, 2021, 2022, and
2023.
Per the Consent Agreement, the Investigative Division has exercised its prosecutorial
discretion to nolle pros the allegations regarding Barton's use of Township equipment and his
failure to file SFIs as well as the allegation pertaining to Section 1103(d) of the Ethics Act. We
therefore need not address those allegations.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The following terms relevant to Section 1103(a) are defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through his
holding public office or employment for the private pecuniary
benefit of himself, a member of his immediate family or a business
with which he or a member of his immediate family is associated.
The term does not include an action having a de minimis economic
impact or which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry, occupation or
other group which includes the public official or public employee, a
member of his immediate family or a business with which he or a
member of his immediate family is associated.
"Authority of office or employment." The actual power
provided by law, the exercise of which is necessary to the
Barton, 22-0070-C
Page 40
performance of duties and responsibilities unique to a particular
public office or position of public employment.
"Immediate family." A parent, spouse, child, brother or
sister.
65 Pa. C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or
"conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public
official/public employee is prohibited from using the authority of public office/employment or
confidential information received by holding such a public position for the private pecuniary
benefit of the public official/public employee himself, any member of his immediate family, or a
business with which he or a member of his immediate family is associated.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The patties' Stipulated Findings are set forth above as the Findings of this Commission.
We shall now summarize the relevant facts as contained therein.
The Hiring of Barton's Brother as a Township Employee
Barton served as a Member of the Township Board of Supervisors ("Board of
Supervisors") from January 7, 2019, to January 6, 2020, and from July 8, 2020, to January 1, 2023.
The Township is a governed by a three -Member Board of Supervisors.
The Township maintains a road crew and a sanitation crew in the course of the daily
operation of the Township. In 2021 two full-time employees were assigned to the road crew and
one full-time employee and one part-time employee were assigned to the sanitation crew. The
Township has various vehicles, including some that require a CIass B Commercial Driver's
License ("CDL") to operate, that are used by the road and sanitation crews,
Frank Barton III ("R Barton") is Batton's brother. In July 2021 F. Barton was employed
as a service manager with 6V's Sales and Service ("6V's") in Bradford, Pennsylvania. Barton did
not possess a CDL at that time.
In July 2021, Barton was serving as the Township Roadmaster in a non -working Supervisor
capacity. During an executive session of the Board of Supervisors on July 14, 2021, Barton
initiated a discussion regarding his desire to terminate the employment of a road crew employee,
Jeremy DeLong ("DeLong"). The other two Township Supervisors, Mark Palmer ("Palmer") and
Mike Ogilvie ("Ogilvie"), had differing opinions between themselves as to whether DeLong's
employment should be terminated, and no formal action or vote was taken with regard to DeLong's
continued employment with the Township. On July 15, 2021, Barton called DeLong and said that
he needed to speak to DeLong the next morning.
On the morning of July 16, 2021, Barton went to the Township garage and terminated
DeLong's employment with the Township even though the Board of Supervisors had taken no
formal action or vote on the status of DeLong's Township employment. Barton then informed the
Batton, 22-0070-C
Page 41
Township Secretary/Treasurer that DeLong was no longer employed with the Township and that
an advertisement for the vacant position needed to be placed in the newspaper. Barton instructed
the Township Secretary/Treasurer on what language was to be included in the advertisement. Less
than one-half hour after Barton terminated DeLong's employment, Barton made a telephone call
to F. Barton.
The advertisement for the vacant Township position that was publicized in The Bradford
Era on July 21, 2021, did not include possession of a CDL as a requirement for the position and
gave until July 25, 2021, for the submission of resumes. Once the deadline for the submission of
resumes had passed, Barton obtained from the Township Secretary/Treasurer the resumes that had
been received by the Township, and he removed them from the Township office. F. Barton did
not submit a resume to the Township for the position. Barton did not provide the resumes to the
other Township Supervisors for their review or consideration. On July 26, 2021, F. Barton
provided his two weeks' notice, with an effective resignation date of August 6, 2021, to a 6V's
representative.
Without consulting Palmer or Ogilvie, Barton selected two candidates and scheduled
interviews for the vacant position. Barton selected F. Barton as one of the candidates to be
interviewed even though he knew that F. Barton did not have a CDL or experience in the
performance of road crew or sanitation crew job duties, At that time a CDL was required to operate
four of the six vehicles used by the Township road and sanitation crews.
After Barton selected the two candidates, only one round of interviews was held and both
candidates were interviewed on the same day. Barton and Ogilvie conducted F. Barton's job
interview. During F. Barton's interview, Barton acknowledged that F. Barton would have to obtain
a CDL if he was hired for the vacant position. On or about the day after the interviews were
conducted, Barton contacted Ogilvie and referenced hiring F. Barton for the vacant position.
Ogilvie did not challenge Barton on the hiring of F. Barton.
Barton hired his brother as a fiull-time Township employee effective August 9, 2021,
without formal action or approval of the Board of Supervisors. Even though no formal vote or
action had been taken by the Supervisors to terminate DeLong's Township employment or to hire
F. Barton as a Township employee, at the Township meeting on August 11, 2021, Barton
announced that DeLong had been "let go" from his Township position and that F. Barton had been
hired to replace him. F. Barton was not able to operate the majority of the Township vehicles until
he obtained a CDL on August 4, 2022. From August 2021 through December 2022, F. Barton
received wages totaling $42,059.24 from the Township.
Barton's Service as an Authori Board Member and His Em to meet with the Authority
The Township created the Authority to operate a municipal sewage system for the
Township. The Authority is governed by a five -Member Board of Directors ("Authority Board"),
Members of the Authority Board are appointed by the Board of Supervisors and are compensated
via receipt of sewage service at no cost for one Equivalent Dwelling Unit ("EDU") while serving
on the Authority Board. The single EDU fee is credited to each Authority Board Member's sewage
account.
Barton, 22-0070-C
Page 42
Barton began serving as a Member of the Authority Board on November 9, 2005, and he
was reappointed to serve full five-year terms on the Authority Board in January 2006, January
2011, and January 2016. Barton was still serving on the Authority Board when he began serving
as a Township Supervisor in 2020. At the Township's January 4, 2021, reorganization meeting,
Barton seconded and voted in favor of a motion to approve his reappointment and other
appointments to the Authority Board. From January 4, 2021, through May 15, 2023, Barton
received compensation in the form of approximately $1,351.50 in credits to his personal sewage
account for serving as an Authority Board Member.
The Authority routinely begins development of its annual budget for the following year in
October or November. Increases in compensation for Authority employees are discussed and
determined by the Authority Board during budget meetings. The Authority's annual budget is
routinely approved by the Authority Board in December. Employee raises included within the
budget adopted for the upcoming year are approved at the Authority's January reorganization
meeting.
From at least March 20, 2006, through March 19, 2023, Barton was employed part-time as
the Authority's Plant Operator/Manager, As detailed in Fact Finding 99, Barton participated in
multiple unanimous votes of the Authority Board regarding the advertisement and approval of
annual budgets that included three percent pay increases for him for 2020 and 2021 and five
percent pay increases for him for 2022 and 2023. In January of each year from 2020 through 2023,
Barton participated in a unanimous Authority Board vote that approved his pay increase for that
year. Barton's salary as an Authority employee increased $2,295 as a result of the pay increases
that he received from 2020 through 2023.
The Consent Agreement
Having highlighted the Stipulated Findings and issues before us, we shall now apply the
Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations as
follows:
3. The Investigative Division will recommend the following in relation to the
above allegations:
a. That a violation of Section 1103(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when,
as a Township Supervisor in Otto Township, Barton:
1. Used the authority of his public position to
effectuate the hiring of his brother to a paid
position in the Township resulting in a
private pecuniary benefit to his brother;
Barton, 22-0070-C
Page 43
2. Used the authority of his public position to
participate in the vote which included his
reappointment to a compensated position on
the Otto Township Sanitary Authority Board
of Directors;
b. That a violation of Section 1103(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when,
as a Member of the Otto Township Sanitary Authority Board
of Directors, Barton participated in votes to approve the
budget with the knowledge that his own raise was included
in the budget and separately voted to approve increased
wages for himself.
The remaining counts will be nolle grossed.
4. Barton agrees to make payment in the amount of $3,646.50 in settlement of
this matter payable to Otto Township Sanitary Authority, and forwarded to
the Pennsylvania State Ethics Commission, within six (6) months of the
issuance of the final adjudication in this matter.
5. Banton agrees to file, through the Pennsylvania State Ethics Commission,
complete and accurate Statements of Financial Interests with Otto
Township for calendar years 2019 through 2022, and with the Otto
Township Sanitary Authority for calendar years 2019 through 2023, within
thirty (30) days of the issuance of the final adjudication in this matter.
6. Barton agrees to not accept any reimbursement, compensation or other
payment from Otto Township or the Otto Township Sanitary Authority
representing a full or partial reimbursement of the amount paid in settlement
of this matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter and make no specific
recommendations to any law enforcement or other authority to take action
in this matter. Such, however, does not prohibit the Commission from
initiating appropriate enforcement actions in the event of Barton's failure to
comply with this agreement or the Commission's order or cooperating with
any other authority who may so choose to review this matter further.
a. Barton has been advised that as a matter of course, all orders
from the Commission are provided to the Attorney General,
albeit without any specific recommendations pursuant to
Paragraph 7 above.
Barton, 22-0070-C
Page 44
b. Barton has been advised that all orders become public
records and may be acted upon by law enforcement as they
deem appropriate.
C. The non -referral language contained in this paragraph is
considered an essential paid of the negotiated Consent
Agreement.
Consent Agreement, at 1-3.
We accept the recommendation of the parties for a finding of a violation of Section 1103(a)
of the Ethics Act with respect to Balton's actions as a Township Supervisor. Barton's brother, F.
Barton, is a member of Barton's "immediate family" as that term is defined in the Ethics Act.
Barton used the authority of his public office as a Township Supervisor to effectuate the hiring of
his brother as a Township employee when he: (1) unilaterally terminated the employment of
Township road crew employee DeLong; (2) instructed the Township Secretary/Treasurer to
advertise for the vacant position; (3) selected his brother and another candidate for interviews for
the vacant position; (4) participated in the interviews; and (5) hired his brother for the vacant
position without formal action or approval of the Board of Supervisors. As a result of Batton's
actions, his brother was able to receive a private pecuniary benefit in the nature of wages totaling
$42,059.24, Barton further used the authority of his public office when, on January 4, 2021, he
participated in the vote of the Board of Supervisors that reappointed him to a compensated position
on the Authority Board, which resulted in him receiving a private pecuniary benefit in the nature
of approximately $1,351.50 in credits to his personal sewage account.
Based upon the Stipulated Findings and Consent Agreement, we hold that a violation of
Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Barton, as a Township
Supervisor: (1) used the authority of his public position to effectuate the hiring of his brother to a
paid position in the Township, resulting in a private pecuniary benefit to his brother; and (2) used
the authority of his public position to participate in the vote which included his reappointment to
a compensated position on the Authority Board.
We further accept the recommendation of the parties for a finding of a violation of Section
1103(a) of the Ethics Act with regard to Balton's actions as an Authority Board Member. Barton
used the authority of his public position when he voted to approve Authority annual budgets for
2020 through 2023 that included yearly pay raises for him and when he participated in Authority
Board votes that approved his yearly pay raises. As a result of his actions, Barton realized a private
pecuniary benefit in the nature of an overall increase in his salary totaling $2,295,
With each element of a conflict of interest established, we hold that a violation of Section
1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Barton, as a Member of the
Authority Board, participated in votes to approve the budget with the knowledge that his own raise
was included in the budget and separately voted to approve increased wages for himself.
As part of the Consent Agreement, Barton has agreed to make payment in the amount of
$3,646.50 payable to the Authority and forwarded to this Commission within six (6) months of the
Barton, 22-0070-C
Page 45
issuance of the final adjudication in this matter. Baron has agreed to not accept any
reimbursement, compensation or other payment from the Township or the Authority representing
a full or partial reimbursement of the amount paid in settlement of this matter. Barton has also
agreed to file complete and accurate Statements of Financial Interests for calendar years 2019
through 2022 with the Township and for calendar years 2019 through 2023 with the Authority,
through this Commission, within thirty (30) days of the issuance of the final adjudication in this
matter.
We agree that the aforesaid recommendations are appropriate, including the
recommendation that Baron file complete and accurate Statements of Financial Interests for the
aforesaid calendar years, notwithstanding the nolle pros as to the allegations regarding his
Statements of Financial Interests.
Accordingly, per the Consent Agreement of the parties, Barton is directed to make payment
in the amount of $3,646.50 payable to the Authority and forwarded to this Commission within six
(6) months of the issuance of this adjudication and Order.
Barton is directed to not accept any reimbursement, compensation or other payment from
the Township or the Authority representing a full or partial reimbursement of the amount paid in
settlement of this matter.
To the extent he has not already done so, Baron is directed to file complete and accurate
Statements of Financial Interests for calendar years 2019 through 2022 with the Township and for
calendar years 2019 through 2023 with the Authority, through this Commission, by no later than
the thirtieth (30"') day after the mailing date of this adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no further action
by this Commission. Noncompliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
I. As a Supervisor for Otto Township ("Township"), McKean County, Pennsylvania, from
January 7, 2019, to January 6, 2020, and from July 8, 2020, to January 1, 2023, and as a
Member of the Otto Township Sanitary Authority ("Authority") Board of Directors from
November 9, 2005, to May 15, 2023, Eric Barton ("Barton") was a public official subject
to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S.
§ 1101 et sec .
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Barton, as a Township Supervisor;
a. Used the authority of his public position to effectuate the hiring of his brother to a
paid position in the Township, resulting in a private pecuniary benefit to his brother;
and
Batton, 22-0070-C
Page 46
b. Used the authority of his public position to participate in the vote which included
his reappointment to a compensated position on the Authority Board of Directors.
3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Barton, as a Member of the Authority Board of Directors, participated in votes to approve
the budget with the knowledge that his own raise was included in the budget and separately
voted to approve increased wages for himself.
In Re: Eric Barton, File Docket: 22-0070-C
Respondent Date Decided: 4/9/25
Date Mailed: 4/10/25
ORDER NO. 1843
1. A violation of Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa.C.S. § 1103(a), occurred when Eric Batton ("Barton"), as a Supervisor for
Otto Township, McKean County, Pennsylvania:
Used the authority of his public position to effectuate the hiring of his brother to a
paid position in Otto Township, resulting in a private pecuniary benefit to his
brother; and
b. Used the authority of his public position to participate in the vote which included
his reappointment to a compensated position on the Otto Township Sanitary
Authority Board of Directors.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Barton, as a Member of the Board of Directors of the Otto Township Sanitary Authority,
participated in votes to approve the budget with the knowledge that his own raise was
included in the budget and separately voted to approve increased wages for himself.
3. Per the Consent Agreement of the parties, Barton is directed to make payment in the
amount of $3,646.50 payable to the Otto Township Sanitary Authority and forwarded to
the Pennsylvania State Ethics Commission within six (6) months of the issuance of this
Order.
4. Barton is directed to not accept any reimbursement, compensation or other payment from
Otto Township or the Otto Township Sanitary Authority representing a full or partial
reimbursement of the amount paid in settlement of this matter.
5. To the extent he has not already done so, Barton is directed to file complete and accurate
Statements of Financial Interests for calendar years 2019 through 2022 with Otto Township
and for calendar years 2019 through 2023 with the Otto Township Sanitary Authority,
through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30"') day
after the mailing date of this Order.
6. Compliance with paragraphs 3, 4, and 5 of this Order will result in the closing of this case
Barton, 22-0070-C
Page 48
with no fiirther action by this Commission.
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Michael A. Schwartz, Chair