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HomeMy WebLinkAbout1848, Reinerlt; r 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: Samantha Reiner, File Docket: 24-0008-C Respondent Order No. 1848 Date Decided: 9/18/25 Date Mailed: 9/22/25 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: www.ethics,pa.gov 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 sect., 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 Findings in this Order are derived from the parties' Stipulation of Findings. The Consent Agreement has been approved. I. ALLEGATIONS: That Samantha Reiner, a public official in her capacity as a Supervisor for Chadds Ford Township ("Township"), Delaware County, Pennsylvania, violated Sections 1103(a) and 1103(f) of the Ethics Act: (1) when she used the authority of her position to enter into a consulting contract with the Township to provide stormwater assessments and other related work without an open and public process; and (2) when she was compensated as a Township Consultant for performing the duties of a Township Supervisor. II. FINDINGS: Chadds Ford Township ("Township") is a Second Class Township governed by a three - Member Board of Supervisors. a. The Township Supervisors have signature authority over Township accounts. 1. Township checks require the signatures of any two Supervisors. Reiner, 24-0008-C Page 2 2. Samantha Reiner ("Reiner") has served as a Township Supervisor continuously since February 2015. a. Reiner has been Chair of the Township Board of Supervisors ("Board of Supervisors") since 2022. b. Reiner has been the Board of Supervisor's liaison to the Township Planning Commission ("Planning Commission") since 2021. G. Reiner also served as the Manager of Edgmont Township from February 1997 until April 2019. 3. As a Township Supervisor, Reiner receives $75 per meeting, up to $1,875 per year, from the Township. 4. In approximately 2019, Reiner began assisting Maryann Furlong ("Furlong"), the Township Manager at the time, with her job duties. a. Furlong was overwhelmed with her job duties. 5. On July 13, 2021, Furlong emailed the Township Supervisors, Frank Murphy ("Murphy"), Noelle Barbone ("Barbone"), and Reiner. a. In this email, Furlong suggested that Reiner be. hired as a Township Consultant to assist with stormwater inspections, quasi -legal work, and administrative office tasks. b. Furlong proposed an hourly rate for each task, along with justifications for each suggested wage. Below are the specific descriptions provided by Furlong: 1. Stormwater Inspections/MS4 Report Work - $951hour (based on Pennoni's rate). aa. Pennoni is the engineering consulting firm used by the Township. 2. In -Office Support/Training, Miscellaneous Work - $40/hour (Furlong's hourly rate). 3. Contract Negotiations/Quasi-Legal Work - $107.50/hour (average rate of Furlong's and Michael Maddren's rates). aa, Michael Maddren ("Maddren") is the Township Solicitor, and his hourly rate is $175.00. C. On July 23, 2021, Murphy and Barbone responded to Furlong's email and approved the hiring of Reiner as a Consultant. Reiner, 24-0008-C Page 3 6. The minutes of the Board of Supervisors' meetings indicate that there were no official actions taken by the Board of Supervisors to Hire Reiner as a Township Consultant for 2021. 7. On July 23, 2021, Furlong emailed the Township Auditors, Swati Patel, Vince DelRossi, and Joseph Pileggi, copying Maddren, Murphy, Barbone, and Reiner. a. In this email, Furlong explained that the Township needed assistance with inspections of stormwater beds and negotiations related to the Verizon contract. b. Furlong mentioned that Reiner had prior experience with these tasks and could help the Township save money if the Township hired her as a consultant. G. Furlong provided a proposed hourly rate for each task, along with justifications for each suggested wage, similar to what was mentioned in the initial email to the Township Supervisors. d. Furlong explained that the next step in hiring Reiner was for the Township Auditors to meet, discuss, and approve the wages for Reiner's consultant position. 8. On August 10, 2021, the Township Auditors held a special meeting and set the wages for Reiner as the Township Consultant. a. Below is the hourly breakdown of pay that was authorized: 1. Stormwater inspections/MS4 report work or the like: $95/hour. 2. In -office support/training, or similar wwrk: $40/hour. 3. Contract negotiations/quasi-legal work: $107.50/hour. b. Reiner attended this meeting. 1. During this meeting, Reiner highlighted to the Township Auditors that she had already been performing extra duties and that her compensation would be significantly lower than the cost of hiring someone else for the same work. C. No official job description was ever created for Reiner's position as Township Consultant. 9. The minutes of the Board of Supervisors' meetings indicate that there were no official actions taken by the Board of Supervisors to hire Reiner as a Township Consultant for 2022. 10. During the Township Auditors' organization meeting on January 4, 2022, they approved Reiner's wages as the Township Consultant and approved an hourly increase of $5.67 for performing in -office support/training or similar work. Reiner, 24-0008-C Page 4 11. At the Township reorganization meeting on January 3, 2023, Barbone motioned to appoint Reiner as a Special Consultant to the Township. a. Reiner seconded the motion and voted to appoint herself as a Special Consultant to the Township. b. The motion passed by a vote of 2-0. 1. The third Township Supervisor was absent, and the Township Solicitor incorrectly advised Reiner that it was acceptable for her to vote. 12. During the Township Auditors' organization meeting on January 4, 2023, they approved Reiner's wages as the Township Consultant and approved an hourly increase of $5.24 for performing in -office support/training or similar work. 13. At the Township reorganization meeting on January 2, 2024, the Board of Supervisors, which included Reiner, Timotha Trigg, and Murphy, decided to table the discussion regarding the appointment of a Special Consultant. a. At the January 31, 2024, workshop meeting of the Board of Supervisors, it was decided that Reiner's position as a Township Consultant was no longer needed and the position was subsequently removed. 14. Reiner actively worked as a Township Consultant from August 10, 2021, to December 31, 2023, despite the absence of any official action of the Board of Supervisors approved in a public meeting. 15. No open and public process was followed for the hiring of Reiner as a Township Consultant. a. Reiner was hired to fill a Township Consultant position without a job posting or interview. b. Reiner earned more than $500.00 a year as a Consultant for the Township. 16. Reiner voted in favor of a motion to approve her position as a Township Consultant at the Township's reorganization meeting on January 3, 2023. 17. Reiner deterinined the scope of work/hours she worked as a Township Consultant. a. Reiner submitted invoices to the Township Manager and the Township Treasurer for approval. 1. The Township Manager reported directly to Reiner in Reiner's capacity as a Township Supervisor. Reiner, 24-0008-C Page 5 18. The following chart displays the income Reiner received from calendar years 2020 through 2024 as a Supervisor and a Consultant for the Township. a. Year Supervisor Pay Consultant Pay Total Income Earned 2020 $1,875.00 $0 $1,875.00 2021 $1,875.00 $5,903.25 $7,778.25 2022 $1,875.00 $13,010.24 $14,885.24 2023 $1,875.00 $14,274.14 $16,149.14 2024 $1,875.00 $0 $1,875.00 ----------------------------------------------------------------------------- Total $9,375.00 $33,187.63 $42,562.63 b. In accordance with the Township's accounting frm's recommendation, Reiner transitioned to a 1099 employee for calendar year 2023. Therefore, her Township Consultant earnings for 2023 were not reported on a W-2. 19. Reiner earned $33,187,63 from November 5, 2021, through Dccenlber 29, 2023, as a Township Consultant, Reiner received her payments through direct deposit and checks. From December 22, 2022, to December 19, 2023, Reiner signed the front side of 10 checks made out to her directly; these checks totaled $9,859.03. The charts below summarize Reiner's payroll as a Township Consultant and the checks she signed. Samantha Reiner's Check Summary Date Check # Amount Memo Pay to 11/2/2022 13204 $1,345.51 No Memo Samantha Reiner 12/22/2022 221 $420.17 WCF Samantha Reiner 12/22/2022 13269 $1,731.39 Consultant Work Samantha Reiner 3/1/2023 555 $50.24 WCF Consultant Samantha Reiner 3/1/2023 13340 $3,916.03 No Memo Samantha Reiner 3/15/2023 13391 $761.03 No Memo Samantha Reiner 4/4/2023 13380 $2,073.35 No Memo Samantha Reiner 6/7/2023 13468 $1,138.61 No Memo Samantha Reiner 7/6/2023 13489 $1,512.03 No Memo Samantha Reiner 7/26/2023 13520 $757.82 No Memo Samantha Reiner 8/30/2023 13523 $1,584.54 No Memo Samantha Reiner l l/l/2023 13602 $1,370.07 No Memo Samantha Reiner 1 12/6/2023 13650 $970.42 No Memo Samantha Reiner 12/19/2023 13662 $140.00 No Memo Samantha Reiner $17,771.21 Reiner, 24-0009-C Page 6 e. f. Samantha Reiner's Direct Deposit Summary Pay Date Voucher # Regular Gross Pa Hours Description 11/5/2021 V1234781 $2,880.00 72 Regular 12/3/2021 V1259157 $2,015.75 36.2 Regular 12/17/2021 V1273710 $1,007.50 20 Regular 1/14/2022 V1298839 $3,384.50 41.4 Regular 2/11/2022 V1324652 $1,440.02 16.1 Regular 4/8/2022 V1382055 $2,949.68 44.55 Regular 5/6/2022 V 1407693 $911.64 15.9 Regular 6/17/2022 V 1452391 $827.33 12.7 Regular $15,416.42 258.85 Samantha Reiner's Check Summary (Checks she signed) Date Check # Amount Memo Pay to Signatures 12/22/2022 221 $420.17 WCF Samantha Samantha Noelle Reiner Reiner Barbone 12/22/2022 13269 $1,731.39 Consultant Work Samantha Unclear Samantha Reiner signature Reiner 3/l/2023 555 $50.24 WCF Consultant Samantha Samantha Noelle Reiner Reiner Barbone 3/15/2023 13391 $761.03 No Memo Samantha Noelle Samantha Reiner Barbone Reiner 4/4/2023 13380 $2,073.35 No Memo Samantha Samantha Noelle Reiner Reiner Barbone 7/26/2023 13520 $757.82 No Memo Samantha Samantha Noelle Reiner Reiner Barbone 8/30/2023 13523 $1,584.54 No Memo Samantha Samantha Noelle Reiner Reiner Barbone 11/1/2023 13602 $1,370.07 No Memo Samantha Samantha Noelle Reiner Reiner Barbone 12/6/2023 13650 $970.42 No Memo Samantha Noelle Samantha Reiner Barbone Reiner 12/19/2023 13662 $140.00 No Memo Samantha Samantha Noelle Reiner Reiner Barbone $9,859.03 20. Reiner invoiced for tasks as a Township Consult -ant which align with the general responsibilities of a Township Supervisor as outlined in Section 607 of the Second Class Township Code. a. These tasks included preparing for and attending Board of Supervisors meetings and Planning Commission meetings and joint meetings. b. Reiner served as the Township Supervisor liaison to the Township Planning Commission and also worked as a Consultant for the Township. Reiner, 24-0008-C Page 7 1. Reiner billed consulting hours for her attendance and preparation during most of the Township Planning Commission meetings. Reiner earned $2,632.76 from March 31, 2022, to November 30, 2023, for duties as a Township Consultant that overlapped her responsibilities as a Township Supervisor liaison to the Planning Commission. d. During a sworn interview, Reiner confirmed that all Township Supervisors were appointed as liaisons to the Township committees. 1. Other Township Supervisors did not receive additional compensation for attending these meetings, beyond their standard yearly earnings of $1,875. The table below compares Reiner's Township Consultant invoices with the minutes of the Planning Commission meetings. Invoice Date of Meetings Date Date Service Description Hours Rate Charge and Time 3/9/2022 3/31/2022 3/9/2022 Joint review rv/PC (ineeting continued 1.00 $45.67 $45.67 7 pm - 9:32 pin Review Ordinances in preparation for and attend 4/13/2022 4/30/2022 4/I3/2022 PC Meeting 2.00 $45.67 $91.34 no meeting minutes Prepare for and attend BOS/PC JWS & PC 5/ll/2022 5/31/2022 5/I 1/2022 meetings re: ZO Ordinance amendments 4.00 $45.67 $182,68 7 pm - 9 pin PC meeting reviewing codes/Timotha's List 10/12/2022 12/1/2022 I0/12/2022 discussion 2.00 $45.67 $91.34 7:05 pm - 9:50 pm Prepare for and Participate in Joint Work Session 11/9/2022 12/1/2022 11/9/2022 with BOS/PC re: Zoning Ordinances 2.50 $45.67 $114.18 7:05 pin - 9:32 pm 12/ l4/2022 12/15/2022 12/14/2022 Attend & participate in PC meeting re ZO amends 1.00 $45.67 $45.67 7 pm - 9:10 pin General grading and stabilization, environmental controls and office hours, meetings, Discuss LI vs LI-1, Mineral Extraction, General grading and stabilization, environmental controls and Parking for the Dispensary. Review FM's recommendation. Attend JWS with 2/8/2023 2/21/2023 2/8/2023 BOS & PC 4.50 $50.91 $229.10 7:30 pin - 7:43 pin Pick up revised draft of SLDO, begin review; 4/12/2023 4/26/2023 4/12/2023 attend PC to discuss status. 1.75 $50.91 $89.09 7.02 pin - 8:10 Pill 5/ 10/2023 5/31/2023 5/10/2023 Attend PC meeting to discuss dratted revisions 1.00 $50.91 $50.91 7:02 pin - 8:10 pin Preparation for and attendance at PC meeting, 6/14/2023 6/21/2023 6/14/2023 discuss SLDO Village District and CC 2.00 $50.91 $101.82 7 pin - 9:15 pm 7/ 12/2023 7/24/2023 7/12/2023 Attend PC meeting via Zoom re: SLDO 1.75 $50.91 $89.09 7 pin - 9:1 S pm 7/25/2023 8/30/2023 7/25/2023 Prepare for and attend PC's S ecial Meeting 3.50 $50.91 $178.19 6 ►n - 7:59 m Prepare for and attend PC's regular meeting (via 8/9/2023 8/30/2023 8/9/2023 Zoom re SLDO & Zoning2.75 $50.91 $140.00 7 pm - 8:57 prn Reiner, 24-0008-C Page 8 Invoice Date of Meetings Date Date Service Description Hours Rate Charge and Time Attendance at PC Meeting for discussion/Recommendation of SALDO and 9/13/2023 9/22/2023 9/13/2023 Zoning Ordinance 1.75 $50.91 $89.09 7 m - 9:38 m Attendance (Zoom) at PC Meeting for 10/11/2023 10/17/2023 10/11/2023 review/presentation of CC 1.25 $50.91 $63.64 7 prn. - 9:16 pm Preparation for and attendance at PC Meeting via Zoom for discussion Of Air B&B, Family 11/8/2023 11/30/2023 11/8/2023 definition and Short Term Rental 1.50 $50.91 $76.37 7 pm - 8:50 pro Attendance (Zoom) at PC Meeting for 11/8/2023 11/30/2023 11/8/2023 review/presentation of CC 1.00 $50.91 $50.91 7 pin - 8:50 pin Stormwater Ordinance Amendments presented by 11/8/2023 11/30/2023 11/8/2023 MS at PC 0.50 $50.91 $25.46 7 pin - 8:50 prn Participate (via Zoom) w/ PC for Discussion of 12/13/2023 12/14/2023 12/13/2023 SWM draft, comment 1.50 $50.91 $76.37 7 m - 8:20 pm Attend PC meeting to discuss drafted revisions Complete review of drafted revisions, 5/10/2023 5/31/2023 5/10/2023 discuss all with MB 5.50 $50.91 $280.01 7:02 pro - 8:10 pm 7/ 12/2023 7/24/2023 7/12/2023 PC meeting: Review material, text BOS members 0.75 $50.91 $38.18 7 pin - 9:15 pm Print TCA's'Purpose' e-mail & review re SLDO Print TT's SLDO w/PC revisions for discussion, 7/25/2023 8/30/2023 7/25/2023 review materials PC's Special Meeting 1.00 $50.91 $50.91 b pm - 7:59 pni Various communications with Timotha, Matt, Mike Maddren, Michael Schneider, Erin Gross re: last minute questions and proposed changes to the text of both the SALDO and the Zoning Ordinance. Review of amended materials 9/13/2023 9/22/2023 9/13/2023 prior to Pe Meeting. 3.00 $5091 $152.73 7 pm - 9:38 pm Preparation for and attendance at PC Meeting via Zoom for discussion Of Air B&B, Family 10/11/2023 10/17/2023 10/11/2023 definition and Short Term Rental 1.50 $5091 $76.37 7 m - 9:16 m 10/11/2023 10/17/2023 10/9/2023 Review of amended materials prior to Pe Meeting. 2.00 $50.91 $101.82 7 pin - 9:16 pm. 11/8/2023 11/30/2023 11/7/2023 1 Review of amended materials prior to Pe Meetin 2.00 $50.91 1 $101.82 7 pin - 8:50 prn Total $2,632.76 III. DISCUSSION: As a Supervisor for Chadds Ford Township ("Township"), Delaware County, Pennsylvania, since February 2015, Samantha Reiner ("Reiner") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et q . The relevant allegations in this matter are that Reiner violated Sections 1103(a) and 1103(f) of the Ethics Act: (1) when she used the authority of her position to enter into a consulting contract with the Township to provide stormwater assessments and other related work without an open and public process; and (2) when she was compensated as a Township Consultant for performing the duties of a Supervisor. Per the Consent Agreement, the Investigative Division has exercised its Reiner, 24-0008-C Page 9 prosecutorial discretion to nolle pros an allegation that Reiner filed a deficient Statement of Financial Interests for calendar year 2023 by failing to list her public employment and failing to date the form. 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 pecunimy 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 performance of duties and responsibilities unique to a particular public office or position of public employment. 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. Section 1103(f) of the Ethics Act imposes certain restrictions as to contracting: Reimer, 24-0009-C Page 10 § 1103. Restricted activities (0 Contract. —No public official or public employee or his spouse or child or any business in which the person or his spouse or child is associated shall enter into any contract valued at $500 or more with the governmental body with which the public official or public employee is associated or any subcontract valued at $500 or more with any person who has been awarded a contract with the governmental body with which the public official or public employee is associated, unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the public official or public employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. Any contract or subcontract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of the making of the contract or subcontract. 65 Pa.C.S. § 1103(f). The term "contract" is defined in the Ethics Act as follows: § 1102. Definitions "Contract." An agreement or arrangement for the acquisition, use or disposal by the Commonwealth or a political subdivision of consulting or other services or of supplies, materials, equipment, land or other personal or real property. The term shall not mean an agreement or arrangement between the State or political subdivision as one party and a public official or public employee as the other party, concerning his expense, reimbursement, salary, wage, retirement or other benefit, tenure or other matters in consideration of his current public employment with the Commonwealth or a political subdivision. 65 Pa.C.S. § 1102. Section 1103(f) of the Ethics Act provides in part that no public official/public employee or his spouse or child or business with which the public official/public employee or his spouse or child is associated may enter into a contract with his governmental body valued at five hundred dollars or more or any subcontract valued at five hundred dollars or more with any person who has been awarded a contract with the governmental body with which the public official/public employee is associated unless the contract is awarded through an open and public process Reiner, 24-0008-C Page i l including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. As noted above, the parties have submitted a Consent Agreement and a Stipulation of Findings. The Findings of this Commission set forth above are derived from the parties' Stipulation of Findings. We shall now summarize the relevant facts in this matter. The Township Board of Supervisors (`Board of Supervisors") consists of three Members. Reiner, who has sewed as a Township Supervisor since February 2015, has been the Board of Supervisors' liaison to the Township Planning Commission ("Planning Commission") since 2021. As a Township Supervisor, Reiner receives $75 per meeting, up to $1,875 per year, from the Township. In approximately 2019, Reiner, who had experience as a township manager for a different township, began assisting the Township Manager, Maryann Furlong ("Furlong"), with her Township Manager job duties because she was overwhelmed with work. On July 13, 2021, Furlong sent an email to Reiner and the other two Township Supervisors, Frank Murphy ("Murphy") and Noelle Barbone ("Barbone"), in which Furlong suggested that Reiner be hired as a Township Consultant to assist with stormwater inspections, quasi -legal work, and administrative office tasks, Based upon the hourly rates charged by the Township's engineering consulting firm and the Township Solicitor and Furlong's own hourly rate, Furlong proposed that Reiner be paid hourly rates of $95 for stormwater inspections/MS4 Report work, $40 for in -office support/training, and $107.50 for contract negotiations/quasi-legal work. On July 23, 2021, Murphy and Barbone responded to Furlong's email and approved the hiring of Reiner as a Township Consultant. No official action was taken by the Board of Supervisors to hire Reiner as a Township Consultant for 2021. In an email that Furlong sent to the Township Auditors on July 23, 2021, Furlong explained that the Township needed assistance with inspections of stormwater beds and negotiations related to the Verizon contract and that hiring Reiner as a Township Consultant could help save the Township money as Reiner had prior experience with these tasks. Furlong provided her proposed hourly rates for Reiner along with justif cations for each suggested rate and explained that the next step in hiring Reiner was for the Township Auditors to meet and approve the wages for Reiner's Township Consultant position. During a special meeting held on August 10, 2021, the Township Auditors set hourly pay rates for Reiner as a Township Consultant equal to the hourly pay rates that Furlong had proposed for Reiner. During this meeting, Reiner highlighted to the Township Auditors that she had already been performing extra duties and that her compensation would be significantly lower than the cost of hiring someone else to do the same work. No official job description was ever created for Reiner's position as a Township Consultant. Reiner was paid $5,903.25 in 2021 for work performed as a Township Consultant. No official actions were taken by the Board of Supervisors to hire Reiner as a Township Consultant for 2022. During the Township Auditors' organization meeting on January 4, 2022, the Township Auditors approved Reiner's wages as a Township Consultant and approved an hourly increase of $5.67 for performing in -office support/training or similar work. Reiner received $13,010.24 from the Township for work that she performed as a Township Consultant in 2022. Reines, 24-0008-C Page 12 At the Township reorganization meeting on January 3, 2023, Reiner seconded a motion made by Barbone to appoint Reiner as a Consultant to the Township. The third Township Supervisor was absent, and the Township Solicitor incorrectly advised Reiner that it was acceptable for her to vote. Reiner and Barbone each voted in favor of Barbone's motion to appoint Reiner as a Consultant to the Township. During the Township Auditors' organization meeting on January 4, 2023, the Township Auditors approved Reiner's wages as a Township Consultant and approved an hourly increase of $5.24 for performing in -office support/training or similar work. Reiner was paid $14,274.14 in 2023 for performing work as a Township Consultant. At a meeting held on January 31, 2024, the Board of Supervisors decided that Reiner's position as a Township Consultant was no longer needed. Reiner worked as a Township Consultant from August 10, 2021, to December 19, 2023. Although Reiner earned more than $500 in each calendar year that she worked as a Township Consultant, no open and public process was followed to hire Reiner as a Township Consultant for those calendar years. Reiner, who determined her scope of work and hours worked as a Township Consultant, submitted invoices to the Township Manager and the Township Treasurer for approval. From August 10, 2021, to December 19, 2023, the Township paid Reiner a total of $33,187.63 for work that she performed as a Township Consultant. Reiner, as a Township Supervisor, signed ten checks totaling $9,859.03 that were issued to her between December 22, 2022, and December 19, 2023, for work that she performed as a Township Consultant. Reiner, as a Township Consultant, invoiced the Township for tasks that aligned with the general responsibilities of a township supervisor as outlined in the Second Class Township Code, including preparing for and attending meetings of the Board of Supervisors, meetings of the Planning Commission, and joint meetings. From March 31, 2022, to November 30, 2023, Reiner billed the Township a total of $2,632.76 for tasks performed as a Township Consultant that aligned with her responsibilities as a Township Supervisor liaison to the Planning Commission. 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(f) of the Public Official and Employee Ethics Act, 65 Pa. C.S. § 1103(f), occurred when Reiner used the authority of her position to enter into a consulting contract with the Township to provide stormwater assessments and other related work without an open and public process; b. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Reiner, 24-0009-C Page 13 Reiner was compensated as a Township Consultant for performing the duties of a Supervisor; C. The remaining count will be nolle prossed. 4. Reiner agrees to make payment in the amount of $12,491.79 in settlement of this matter payable to Chadds Ford Township, and forwarded to the Pennsylvania State Ethics Commission, within six (6) months of the issuance of the final adjudication in this matter. 5. Reiner agrees to file a complete and accurate amended Statement of Financial Interests with Chadds Ford Township, through the Pennsylvania State Ethics Commission, for calendar year 2023 within thirty (30) days of the issuance of the final adjudication in this matter. 6. Reiner agrees to not accept any reimbursement, compensation or other payment from Chadds Ford Township 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 Reiner'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. Reiner 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. b. Reiner 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 part of the negotiated Consent Agreement. Consent Agreement, at 1-2. In considering the Consent Agreement, we accept the parties' recommendations for findings that: (1) a violation of Section 1103(f) occurred when Reiner used the authority of her position to enter into a consulting contract with the Township to provide stormwater assessments and other related work without an open and public process; and (2) a violation of Section 1103(a) of the Ethics Act occurred when Reiner was compensated as a Township Consultant for performing the duties of a Township Supervisor. Reiner, 24-0008-C Page 14 In 2021, at the suggestion of Township Manager Furlong, Township Supervisors Murphy and Barbone approved the hiring of Reiner as a Township Consultant and the Township Auditors approved pay rates for Reiner's performance of various tasks, including stormwater inspections. The agreement/arrangement between Reiner and the Township for her to perform work as a Township Consultant constituted a contract. Although Reiner performed work for the Township as a Township Consultant from August 2021 through December 2022, no official action was taken by the Board of Supervisors to hire Reiner as a Township Consultant for 2021 or 2022. Reiner used the authority of her public office as a Township Supervisor at the Township reorganization meeting in January 2023 when she voted in favor of a motion to appoint her as a Township Consultant, Because Reiner earned more than $500 in each year that she worked as a Township Consultant fiiom 2021 through 2023, Section 1103(f) of the Ethics Act required that an open and public process be observed as to the contracting between Reiner and the Township for her consulting services. However, an open and public process was not followed to award consulting contracts to Reiner for any of those years. Even though Reiner was compensated $1,875 per year for performing her responsibilities as a Township Supervisor, from March 31, 2022, to November 30, 2023, Reiner billed the Township a total of $2,632.76 for tasks performed as a Township Consultant that aligned with her responsibilities as a Township Supervisor liaison to the Planning Commission. It is well established that a township supervisor may not claiin and receive compensation for performing the duties of a township supervisor other than the supervisory salary established by the township pursuant to the Second Class Township Code. See, R.H. v. State Ethics Commission, 673 A.2d 1004 (Pa. Cmwlth. 1996). Therefore, Reiner received a private pecuniary gain when she claimed and received compensation as a Township Consultant for duties attributable to her position as a Township Supervisor. Cf., Tvardzik, Order 1623; Heintzelman, Order 1530; Gindlesperg`er, Order 1522; Mendez, Order 1481; Hahn, Order 1480. Based upon the Stipulated Findings and Consent Agreement, we hold that; (1) a violation of Section 1103(f) ofthe Ethics Act, 65 Pa.C.S. § 1103(f), occurred when Reiner used the authority of her position to enter into a consulting contract with the Township to provide stormwater assessments and other related work without an open and public process; and (2) a violation of Section 1103(a) of the Ethics Act, 65 Pa,C.S. § 1103(a), occurred when Reiner was compensated as a Township Consultant for performing the duties of a Township Supervisor. As part of the Consent Agreement, Reiner has agreed to make payment in the amount of $12,491.79 payable to Chadds Ford Township and forwarded to this Commission within six (6) months of the issuance of the final adjudication in this matter. Reiner has further agreed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. Additionally, notwithstanding the nolle pros as to the allegation regarding Reiner's Statement of Financial Interests for calendar year 2023, Reiner has agreed to file a complete and accurate amended Statement of Financial Interests for calendar year 2023 with the Township, through this Commission, within thirty (30) days of the issuance of the final adjudication in this matter. We determine that the Consent Agreement submitted by the parties sets forth a proper disposition of this case, based upon our review as reflected in the above analysis and the totality Reiner, 24-0008-C Page 15 of the facts and circumstances. IV. CONCLUSIONS OF LAW: 1. As a Supervisor for Chadds Ford Township ("Township"), Delaware County, Pennsylvania, since February 2015, Samantha Reiner ("Reiner") has been 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(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred when Reiner used the authority of her position to enter into a consulting contract with the Township to provide stormwater assessments and other related work without an open and public process. 3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Reiner was compensated as a Township Consultant for performing the duties of a Township Supervisor. In Re: Samantha Reiner, File Docket: 24-0008-C Respondent Date Decided: 9/18/25 Date Mailed: 9/22/25 1. A violation of Section 1103(f) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(f), occurred when Samantha Reiner ("Reiner"), in her capacity as a Supervisor for Chadds Ford Township ("Township"), Delaware County, Pennsylvania, used the authority of her position to enter into a consulting contract with the Township to provide stormwater assessments and other related work without an open and public process. 2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Reiner was compensated as a Township Consultant for performing the dirties of a Township Supervisor. 3. Per the Consent Agreement of the parties, Reiner is directed to make payment in the amount of $12,491.79 payable to Chadds Ford Township and forwarded to the Pennsylvania State Ethics Commission within six (6) months of the issuance of this Order. 4. Reiner is directed to not accept any reimbursement, compensation or other payment from the Township representing a Rill or partial reimbursement of the amount paid in settlement of this matter. 5. To the extent she has not already done so, Reiner is directed to file a complete and accurate amended Statement of Financial Interests for calendar year 2023 with the Township, through this Conunission, 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 with no further action by this Commission. a. Non-compliance will result in the institution of an order enforcement action. BY THE COMMISSION, /F Michael A. Schwartz, Chair