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HomeMy WebLinkAbout1356 MookIn Re: Arthur Mook File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Daneen E. Reese Donald M. McCurdy Paul M. Henry Raquel K. Bergen 04 -028 Order No. 1356 2/28/05 3/14/05 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." A letter response was filed, which did not contest the Fact Findings of the Investigative Complaint. A hearing was waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Mook, 04 -028 Page 2 I. ALLEGATIONS: That Arthur Mook, a public official in his capacity as supervisor of Cussewago Township, Crawford County, violated provisions of the State Ethics Act (Act 9 of 1989, 65 P.S. § 401 et seq.) when he used the authority of his office for a private pecuniary gain including but not limited to using township material, equipment and employees for his personal use; when he used township facilities and employees to repair personal equipment; when he failed to file Statements of Financial Interests for the 1999, 2000, 2002 and 2003 calendar years; and when he filed a deficient Statement of Financial Interests for the 2001 calendar year by failing to complete any section (4 through 15) related to financial interests for the 2001 calendar year. II. FINDINGS: 1. Arthur Mook served as a supervisor for Cussewago Township, Crawford County, from January 5, 1976 through January 5, 2004. a. Mook was appointed to the position of township roadmaster at every annual re- organization meeting from January 1976 through January 2004. b. Mook was appointed to the position of road foreman at every annual re- organization meeting from January 1990 through January 2003. 1. Mook was not appointed to the road foreman position in January 2004. c. Mook resigned from his position as supervisor at the January 5, 2004 regular meeting. 2. Cussewago Township is a second -class township governed by a three - member Board of Supervisors. a. Supervisors receive $65.00 gross per meeting as payment for services in their supervisor capacity. b. The supervisors must be present at the meeting in order to receive the payment. 3. All three Cussewago Township supervisors are appointed as roadmasters at the township's annual re- organization meeting. a. None of the Cussewago Township supervisors work full time in the appointed roadmaster position. 1. Supervisors working as roadmasters do so on an as needed" basis. b. Any supervisor serving in the capacity of road crew foreman can work full - time in the position. 4. Mook was the only Cussewago Township supervisor who held the position of road crew foreman during the past several years. 5. As a township roadmaster /road crew foreman, Mook was responsible for maintaining the township roads, including inspecting roads, plowing roads, maintaining the township vehicles, and overseeing the township road crew. a. Cussewago Township has no written job description for the positions of roadmaster or road crew foreman. Mook, 04 -028 Page 3 6. Cussewago Township employs a road crew to address various road /maintenance related issues in the township. a. The Cussewago Township road crew has been composed of Mark Hays and John Acker as full time employees for the past several years. b. Various part time help was hired seasonally as needed. c. Remaining supervisors occasionally worked on the road crew as needed. 7 Cussewago Township utilizes various pieces of heavy equipment regarding the maintenance, upkeep, etc. of township roads. a. Heavy equipment owned includes, but is not limited to: - Three International single -axle dump trucks, - One International tandem dump truck, - One Chevrolet one -ton dump truck, - One John Deere 672 CH road grader, - One Clark 45 C high lift, - One International backhoe, - One John Deere 5500 tractor /mower, and - One Massey- Ferguson tractor /mower. b. Operation of the dump trucks requires a Commercial Drivers License with the exception of the one -ton truck. c. No license or permit is required to operate remaining pieces of equipment. 8. As the road crew foreman, Mook had access to township heavy equipment which was not being utilized by Hays and Acker during the workday. a. Mook did not always work at the same location as did Hays and Acker. b. Mook did not always work full -time hours in the road foreman position. 1. Mook determined the number of hours he worked per week. 9. At the November 5, 2001 regular supervisors' meeting, Mook temporarily resigned as the road crew foreman. a. Mook requested permission to allow Acker to take over as the road crew foreman for the next two months so that Mook could take some time off. b. The vote to appoint Acker to the position of acting road crew foreman passed unanimously. 10. John Halko and John Rugala are acquaintances of Mook's. a. Halko resides at 23455 Highway 98, Springboro, Pa 16435, Cussewago Township. b. Rugala resides at 14630 West Center Road, Springboro, Pa 16435, Cussewago Township. Mook, 04 -028 Page 4 c. Mook maintains a friendly relationship with both individuals. 11. During or about late November /early December 2001, Halko and Rugala approached Mook and requested his assistance in moving a generator from Halko's property to Rugala's property. a. Mook agreed to transport the generator for Halko and Rugala. b. Mook had no personal equipment capable of moving the generator. c. Mook understood the request to mean transport of the generator with township equipment. 12. On December 4, 2001, Mook traveled to the township garage and removed the high lift to facilitate the transport of the generator for Halko and Rugala. a. Mook was not working for the township on December 4, 2001. b. Mook did not notify and /or receive permission from the remaining supervisors or the acting road crew foreman to utilize the township high lift for private use. c. Mook drove the high lift from the township garage to Halko's residence, a distance of approximately 3 miles. 13. Upon arrival at Halko's residence, Mook secured the generator to the bucket of the high lift for transport to Rugala's residence. a. Mook secured the generator to the bucket with chains. b. Mook transported the generator with the bucket raised and the generator hanging from the bucket. c. Mook transported the generator to Rugala's residence, a distance of approximately 1.2 miles. 14. While traveling to Rugala's residence, Mook struck a vehicle parked along West Center Road with the generator hanging from the bucket of the high lift. a. The vehicle was a 1998 Ford Ranger pick -up truck owned by William Schutz. b. Schutz was not with the vehicle at the time of the accident. 1. Schutz was hunting in the woods near West Center Road at the time of the accident. 15. After stopping to view the damage, Mook continued to Rugala's residence and delivered the generator. a. Visible damage to the vehicle consisted of a crease /bow in the center of the tailgate, scratches on the tailgate, and a bend in the tailgate support for the attached tonneau cover. b. While at Rugala's residence, Mook obtained paper on which to write a note for the vehicle owner. Mook, 04 -028 Page 5 16. Upon driving back down West Center Road to return to the township, Mook stopped at the scene of the accident and left a note on the windshield of the vehicle documenting his name, the address of the township building, a brief description of the accident, and a contact number. a. Mook then returned the high lift to the township garage. 17. Schutz contacted Mook via telephone regarding the accident later that same evening. a. Mook explained the accident to Schutz and informed Schutz that the township would take care of the damages. b. Schutz had no further contact with any township representatives after speaking with Mook. 18. At that time, Cussewago Township maintained insurance for township vehicles and equipment through Bush Agencies, Inc., 215 S. Main St., Cambridge Springs, Pa 16403. a. The township's actual policy was with Selective Insurance, Policy Number 1386116. b. Mook did not report the accident to Bush Agencies on the date of occurrence. 19. On December 5, 2001, Mook arrived at the township garage and informed Hays and Acker that he had been involved in an accident with the high lift while transporting a generator from Halko's residence to Rugala's residence. a. Mook subsequently contacted Bush Agencies via telephone from the township garage and reported the accident. 20. Upon contacting Bush Agencies, Mook provided false information to Enid Holcomb, a representative of Bush Agencies, regarding the facts of the accident. a. Mook reported that he had been scraping the road with the high lift when he struck the vehicle. b. Mook did not disclose that he was utilizing the backhoe [sic] for private purposes at the time of the accident. 21. Schutz maintained vehicle insurance with State Farm Insurance located in Meadville, Pa at the time of the accident. a. State Farm's Claim Number associated with the accident was 38 -J833 -706. 22. Holcomb contacted State Farm after the accident was reported to determine the amount of Schutz's collision deductible. a. Due to Pennsylvania Municipal Immunity Laws the township's insurance carrier was responsible only for Schutz's collision deductible. b. Schutz's collision deductible at that time was $100.00. 23. After determining the amount of Schutz's collision deductible, Holcomb contacted Schutz and advised him to turn the claim in to his insurance carrier, State Farm. a. State Farm was responsible for the cost of repairs above and beyond the $100.00 collision deductible. Mook, 04 -028 Page 6 24. Schutz was issued Selective Insurance draft number 4097226, dated December 6, 2001, in the amount of $100.00 as a result of the accident. a. Cussewago Township is noted as the insured party. b. The loss description on the draft is noted as collision property damage. 25. Schutz utilized the services of Dillaman Auto Body to repair the damages to his vehicle. a. Damages to Schutz's vehicle totaled $2,701.22. 26. State Farm issued payment to Dillaman's Auto Body on January 4, 2002, in the amount of $2,701.22. a. Payment to Dillaman's Auto Body is documented under State Farm Payment Number 113299084J in the amount of $2,701.22. b. State Farm closed Claim Number 38 -J833 -706 on or about January 4, 2002. 27. At the December 27, 2001 supervisors' meeting Mook announced to those present that he had been involved in an accident with the township high lift. a. Mook stated that he had been utilizing the high lift to perform a favor for a friend. b. Mook added that he had done favors for almost everyone in attendance and questioned if anyone in attendance had a problem with what he had done. c. No one questioned Mook on the matter after Mook's announcement. 28. Mook maintains automobile insurance with the Erie Insurance Company. a. Mook did not report the accident to Erie Insurance even though the accident was not part of official township business. b. Mook's insurance coverage with Erie did not allow for coverage of this type of accident with commercial equipment. 29. In a sworn statement provided to Commission investigators on November 19, 2004, Mook acknowledged the following: a. The township was not responsible for the accident because Mook was not "... on the books." b. Mook did not submit the claim to his own insurance carrier because the township's insurance carrier was notified first and indicated that they would accept the claim. c. Mook did not make any reimbursement to the township, Selective Insurance or State Farm Insurance. 30. As a result of Mook's use of township equipment (hi -lift) for personal purposes $2,701.22 in damages were caused to a private vehicle. 31. Mook did not pay for the damages but submitted an accident claim to the township's Mook, 04 -028 Page 7 insurance carrier reliving [sic] him of the personal financial responsibility for damages incurred to Schutz's vehicle. a. Mook was not utilizing the high lift for township business. b. Mook was not working for the township on the day of the accident. c. Mook had not received permission to utilize the high lift from the remaining supervisors or the acting road foreman. THE FOLLOWING FINDINGS RELATE TO MOOK'S USE OF TOWNSHIP EQUIPMENT TO DELIVER DIRT TO TINA HOLMES' PROPERTY 32. Tina Holmes is Mook's daughter. a. Holmes resides in Waterford, Pennsylvania, LeBoeuf Township, Erie County. b. Holmes has resided at this location for approximately eight years. 33. During a visit to his daughter's property in the summer of 2000, Mook and Holmes observed and discussed a depression in the ground on her property. a. Holmes informed Mook that she and her husband wished to fill and level the ground depression. b. Mook recommended that Holmes and her husband contact the LeBoeuf Township Municipal Building and request any available ditch dirt for the depression. 1. Various townships conduct "berming" of the township roads during the mid /late summer months. 2. Dirt scraped from road berms is commonly referred to as "ditch dirt" and is often provided to township residents at no cost. c. After the discussion with Mook, Holmes contacted the LeBoeuf Township office and inquired into the availability of ditch dirt. 1. Holmes was informed that the township had completed ditching for the year and had no ditch dirt /fill to provide. 34. In discussion with Mook, subsequent to her inquiry with LeBoeuf Township representatives, Holmes relayed that LeBoeuf Township had no ditch dirt /fill to provide. a. Mook advised Holmes that Cussewago Township might still have ditch dirt available and that he might be able to obtain ditch dirt /fill for the depression. b. Cussewago Township routinely stocks a supply of ditch dirt at the township building in addition to providing the dirt to interested residents. 35. In November 1999, Cussewago Township had purchased approximately 0.56 acres of land from Lewis and Shirley Borger. a. The land purchased was located behind the township building. b. The land was purchased to supplement storage locations for various equipment and road supply materials. Mook, 04 -028 Page 8 36. Prior to the purchase of the property, the township road crew began removing the top several inches of ground from a portion of the land and spread gravel over the excavated section to be used for storage. a. The excavated dirt was piled and stored at the township building. b. The excavated dirt was available to any township resident that requested it. c. The majority of the dirt removed was ultimately delivered to interested individuals in the township during the summer of 2000. 37. During the time frame that the dirt was being delivered to various township residents, Mook loaded the township one -ton dump truck with dirt for delivery to Holmes' property. a. Mook informed Hays and Acker that he was delivering the dirt to his daughter's residence in Waterford, Pa. b. Mook delivered the dirt to Holmes' residence while on township time. c. Mook delivered only a partial load to Holmes' property (less than one year). d. Upon returning to their property from work one afternoon, Holmes and her spouse discovered a mound of dirt located near the area of the depression. e. Holmes and her husband later spread and raked the dirt by hand. 38. Holmes' residence is located approximately fifteen miles, one -way, from the Cussewago Township Municipal Building. a. Drive time from the Cussewago Township Municipal Building to Holmes' property was estimated at approximately 20 minutes. b. Mook was estimated to have spent a minimum of one hour in loading the dirt, delivering the dirt, dumping the dirt, and returning to the township building. THE FOLLOWING FINDINGS RELATE TO MOOK'S USE OF TOWNSHIP EQUIPMENT AND EMPLOYEES TO REPAIR PERSONAL PROPERTY 39. Mark Hays has been employed by Cussewago Township as a member of the road crew /public works for approximately six and one -half years. a. Hays' duties and responsibilities in his position include roadwork, maintenance, basic mechanic work, etc. b. Hays is also proficient in welding and fabrication. 40. Cussewago Township maintains various welding materials and other equipment at the township garage for maintenance, repairs etc. a. Equipment on -hand includes, among others, a welder, welding rods, cutting torches, angle grinder, bench top grinder, drill press, etc. b. Hays is proficient in the use of the equipment at the township garage. 41. Mook has a personal interest in restoring antique farm tractors. Mook, 04 -028 Page 9 a. Mook restores the equipment for personal possession and use and /or for eventual re -sale. 42. During Mook's tenure as a supervisor, Mook brought parts of various tractors to the township garage on various occasions for repair by Mark Hays. a. Repairs completed by Hays primarily required welding to be performed. b. Hays also performed additional services at times such as grinding, filing, priming, and painting the equipment. 43. Hays performed the repairs in the township garage during normal township working hours. a. Hays performed the services due to the fact that Mook was his immediate supervisor. b. Hays was concerned that his employment with the township might be affected if he did not perform the services for Mook. 44. Hays repaired Mook's personal equipment at the township garage approximately seven to eight times since approximately 1997. a. Time utilized by Hays on individual repairs ranged from twenty minutes to two hours. b. Total time utilized by Hays on all repairs totaled approximately ten hours. 45. From 1999 through 2003, Hays was paid an hourly wage as a township employee as shown below: Year Wage Per Hour 1999 $9.50 2000 10.75 2001 11.10 2002 11.10 2003 11.35 46. Hays spent a minimum total of ten hours of township time for all repairs completed. a. Mook issued no payment to the township for the loss of Hays' wages or for materials and supplies utilized for the repairs. b. At Hays average hourly rate of $10.76 per hour Mook realized a private pecuniary gain of $107.60 as a result of Hays completing repairs of a personal nature. c. The value of township equipment utilized by Hays in making the repairs could not be determined. 47. In a sworn statement provided to Commission Investigators on November 19, 2004, Mook advised that Charley Hoegrel would have completed repairs to his equipment if Hays had not been available to Mook. a. Mook admitted that he would have been required to pay Hoegrel for the repairs. Mook, 04 -028 Page 10 b. Hoegrel charges approximately $25.00 per hour for such services. THE FOLLOWING FINDINGS RELATE TO MOOK'S PERSONAL USE OF TOWNSHIP EQUIPMENT IN ASSOCIATION WITH PERSONAL EQUIPMENT STORED ON RUSSELL MOOK'S PROPERTY 48. Cussewago Township owns a Troy Built 4hp trimmer /mower purchased on June 16, 1999 for $599.99 from Saegertown Hardware. 49. The township road crew utilized the trimmer for various purposes including, but not limited to, mowing underneath road guardrails during the summer /fall months. a. The trimmer /mower is stored in the township garage in plain view when not in use. 50. On or about September 4, 2001 Mook removed the trimmer /mower from the township garage. a. On or around September 4, 2001, road crew employees Hays and Acker observed that the trimmer /mower had been removed from its location in the township garage. 51. On or about September 6, 2001, Saegertown Hardware invoiced Cussewago Township in the amount of $9.99 for trimmer line under document number 010710. a. Mook's signature appears in the "Received By" section of the invoice. b. The trimmer /mower was not present at the township garage on or about the date the string was purchased. c. Mook subsequently voted at October 1, 2001 supervisor's meeting to approve payment. 52. During the period of September 4, 2001 through December 14, 2001 Mook utilized the township's trimmer /mower for his personal use at his son, Russell Mook's property. a. Mook utilized the trimmer /mower to cut brush and weeds growing around a "parts" tractor he stored on his son's property. 53. Mook did not return the trimmer /mower to the township garage until December 14, 2001. a. The trimmer /mower was not in the township's custody for a period of approximately three month[s] and ten days. 54. Mook possessed the trimmer /mower for a period of approximately three months and ten days during which time the trimmer /mower was utilized for personal use. a. Mook did not reimburse the township for his personal use of the trimmer/ mower. 55. The rental rates for a trimmer /mower equivalent to the one purchased by the Township and retained by Mook was: $ 40.00 /day $150.00 /week $450.00 /month Calendar Year Supervisor's Wages 1999 $ 485.00 2000 $ 945.00 TOTAL $1,430.00 Mook, 04 -028 Page 11 THE FOLLOWING FINDINGS RELATE TO MOOK'S FAILURE TO FILE STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS 1999, 2000, 2002, AND 2003 AND MOOK'S FILING OF A DEFICIENT STATEMENT OF FINANCIAL INTERESTS FOR CALENDAR YEAR 2001. 56. Mook was required to file Statements of Financial Interests by May 1 St annually in his position as a Cussewago Township Supervisor and Roadmaster. a. Mook was aware of the requirement to file Statements of Financial Interests in his position as a township supervisor. 57. Mook filed an incomplete Statement of Financial Interests with Cussewago Township for calendar year 1998 on March 1, 1999. a. Sections 7 through 15 of the form were left incomplete. 58. On May 27, 2004, a Statement of Financial Interests Compliance Review was conducted at the Cussewago Township Municipal Building for the 2001, 2002, and 2003 calendar years. a. No Statements of Financial Interests could be located for Mook regarding calendar years 2002, and 2003. b. The Statement of Financial Interests filed by Mook on May 6, 2002 for calendar year 2001 was deficient regarding Sections 3 through 15 by failing to disclose information in any of these Sections. c. Review of available records revealed that Mook had no Statements of Financial Interests on file for calendar years 1999 and 2000. 59. On June 29, 2004, Mook received correspondence from the Harrisburg Office of the State Ethics Commission notifying him of his failure to file Statements of Financial Interests for calendar years 2002 and 2003 and his deficient filing for calendar year 2001. a. Mook completed and submitted Statements of Financial Interests for calendar years 2001, 2002 and 2003. b. Mook was not notified regarding his failure to file for the 1999 and 2000 calendar years. 60. Mook received $1,430 from public funds in calendar years 1999 and 2000 when he did not file Statements of Financial Interests as listed below: III. DISCUSSION: Respondent Arthur Mook, (also referred to herein as "Respondent" or "Monk "), has at all times relevant to these proceedings been a public official subject to the provisions of the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., which Act is referred to herein as the "Ethics Act." The allegations are that Mook, as a Supervisor of Cussewago Township ( "Township "), Crawford County, violated provisions of the Ethics Act when he used the Mook, 04 -028 Page 12 authority of his office for a private pecuniary gain including but not limited to: (1) using township material, equipment and employees for his personal use; (2) using township facilities and employees to repair personal equipment; (3) failing to file Statements of Financial Interests for the 1999, 2000, 2002, and 2003 calendar years; and (4) filing a deficient Statement of Financial Interests for the 2001 calendar year by failing to complete any section (4 through 15) related to financial interests for the 2001 calendar year. Section 1103(a) of the Ethics Act provides: § 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 term "conflict of interest" is 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. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. §1102. Section 1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 1104(a) of the Ethics Act requires that each public official /public employee file a Statement of Financial Interests for the preceding calendar year, each year that the position is held and the year after leaving it: § 1104. Statement of financial interests required to be filed (a) Public official or public employee. - -Each public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the commission no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Each public employee and public official of the Commonwealth shall file a Mook, 04 -028 Page 13 statement of financial interests for the preceding calendar year with the department, agency, body or bureau in which he is employed or to 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. 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. Persons who are full -time or part -time solicitors for political subdivisions are required to file under this section. 65 Pa. C. S. §1104(a). Section 1105(b) of the Ethics Act provides as follows: § 1105. Statement of financial interests (b) Required information. - -The statement shall include the following information for the prior calendar year with regard to the person required to file the statement: (1) Name, address and public position. (2) Occupation or profession. (3) Any direct or indirect interest in any real estate which was sold or leased to the Commonwealth, any of its agencies or political subdivisions; purchased or leased from the Commonwealth, any of its agencies or political subdivisions; or which was the subject of any condemnation proceedings by the Commonwealth, any of its agencies or political subdivisions. (4) The name and address of each creditor to whom is owed in excess of $6,500 and the interest rate thereon. However, loans or credit extended between members of the immediate family and mortgages securing real property which is the principal or secondary residence of the person filing shall not be included. The name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics or common law privileges. (6) The name and address of the source and the amount of any gift or gifts valued in the aggregate at $250 or more and the circumstances of each gift. This paragraph shall not apply to a gift or gifts received from a (5) Mook, 04 -028 Page 14 (7) The name and address of the source and the amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with public office or employment where such actual expenses for transportation and lodging or hospitality exceed $650 in the course of a single occurrence. This paragraph shall not apply to expenses reimbursed by a governmental body, or to expenses reimbursed by an organization or association of public officials or employees of political subdivisions which the public official or employee serves in an official capacity. (8) Any office, directorship or employment of any nature whatsoever in any business entity. Any financial interest in any legal entity engaged in business for profit. (10) The identity of any financial interest in a business with which the reporting person is or has been associated in the preceding calendar year which has been transferred to a member of the reporting person's immediate family. ( spouse, parent, parent by marriage, sibling, child, grandchild, other family member or friend when the circumstances make it clear that the motivation for the action was a person or family relationship. However, for the purposes of this paragraph, the term "friend" shall not include a registered lobbyist or an employee of a registered lobbyist. 65 Pa.C.S. §1105. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are reproduced above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Cussewago Township is a second -class township governed by a three - member Board of Supervisors. Mook served as a Township Supervisor /Roadmaster from January 5, 1976, through January 5, 2004. Mook served as Road Crew Foreman from January 1990 through January 2003. The following findings relate to the allegation that Mook used the authority of his office for a private pecuniary gain when he used Township equipment, specifically, a high -lift, for personal purposes. As Roadmaster /Road Crew Foreman, Mook was responsible for maintaining the Township roads, maintaining the Township vehicles, and overseeing the Township Road Crew, which, for the relevant time period, consisted of Mark Hays ( "Hays ") and John Acker ( "Acker "). Mook, 04 -028 Page 15 The Township utilizes various pieces of heavy equipment including the following: three International single -axle dump trucks; one International tandem dump truck; one Chevrolet one -ton dump truck; one John Deere 672 CH road grader; one Clark 45 C high lift; one International backhoe; one John Deere 5500 tractor /mower; and one Massey - Ferguson tractor /mower. As Road Crew Foreman, Mook had access to Township heavy equipment when such equipment was not utilized by Hays and Acker during the workday. At the November 5, 2001, regular supervisors' meeting, Mook temporarily resigned as the Road Crew Foreman, allowing Acker to take over for the next two months. In late November or early December 2001, two of Mook's acquaintances, John Halko ( "Halko ") and John Rugala ( "Rugala ") approached Mook and asked for his assistance in moving a generator from Halko's property to Rugala's property. Mook agreed to transport the generator for Halko and Rugala. Mook had no personal equipment capable of moving the generator. On December 4, 2001, Mook traveled to the Township garage, removed the high lift, and drove it to Halko's residence, approximately 3 miles away. When Mook arrived at Halko's residence, he secured the generator to the bucket of the high lift and proceeded to transport the generator to Rugala's residence, a distance of approximately 1.2 miles. While traveling to Rugala's residence with the generator hanging from the bucket of the high lift, Mook struck an unoccupied vehicle parked along the road. The vehicle, a 1998 Ford Ranger pick -up truck, was owned by William Schutz ( "Schutz "). Mook stopped to inspect Schutz's pick -up truck, which sustained visible damages consisting of a crease /bow in the center of the tailgate, scratches on the tailgate, and a bend in the tailgate support for the attached tonneau cover. Mook then continued on to Rugala's residence where he delivered the generator. On his way back to the Township, Mook stopped at the scene of the accident and left a note on the windshield of Schutz's damaged pick -up truck with his name, the address of the Township building, a brief description of the accident, and a contact number. Mook then returned the high lift to the Township garage. Later that same evening, Schutz telephoned Mook regarding the accident. Mook provided an explanation of how the accident occurred and informed Schutz that the Township would take care of the damages. Schutz had no further contact with any Township representatives after speaking with Mook. At the time of the accident (December 4, 2001), Mook was not working for the Township. Mook did not notify or receive permission from the remaining two supervisors or from Acker, the Acting Road Crew Foreman, to use the Township high lift for private use. At the time of the accident, the Township maintained insurance for Township vehicles and equipment through Bush Agencies, located in Cambridge Springs, Pennsylvania. The Township's actual policy was with Selective Insurance. Mook did not report the accident to Bush Agencies on December 4, 2001, the date of accident. On December 5, 2001, Mook went to the Township garage and informed Hays and Acker that he had been involved in an accident with the high lift while transporting a generator from Halko's residence to Rugala's residence. Mook then contacted Bush Agencies from the Township garage and provided false information to Enid Holcomb ( "Holcomb "), a representative of Bush Agencies, regarding the facts of the accident. Mook told Holcomb that he had been scraping the road with the high lift when he struck Schutz's vehicle. Mook did not disclose that he was utilizing the heavy equipment for private purposes at the time of the accident. Mook, 04 -028 Page 16 Holcomb then contacted State Farm, Schutz's insurance carrier, to determine the amount of Schutz's collision deductible. Under Pennsylvania law pertaining to governmental immunity, the Township was liable only for Schutz's collision deductible, which was $100.00. After determining the amount of Schutz's collision deductible, Holcomb contacted Schutz and advised him to turn the claim in to State Farm, which was responsible for the cost of repairs above and beyond the $100.00 collision deductible. Schutz was then issued a check from Selective Insurance in the amount of $100.00 as a result of the accident. Schutz utilized the services of Dillaman Auto Body to repair the damages to his vehicle, which totaled $2,701.22. State Farm issued payment to Dillaman's Auto Body on January 4, 2002, in the amount of $2,701.22. At the December 27, 2001, meeting of the Board of Supervisors, Mook announced that he had been involved in an accident with the Township's high lift. Mook stated that he had been utilizing the high lift to perform a favor for a friend, adding that he had done favors for almost everyone in attendance. Mook then questioned whether anyone had a problem with what he had done. No one at the meeting voiced any concerns over Mook's conduct. In a sworn statement provided to Commission investigators on November 19, 2004, Mook acknowledged that the Township was not responsible for the accident because he was not "... on the books" at that time (see, Finding 29(a)). Mook did not submit the claim to his own insurance carrier, Erie Insurance Company, because he had notified Selective Insurance first, which accepted the claim. Mook did not make any reimbursement to the Township, Selective Insurance or State Farm Insurance. The following findings relate to the allegation that Mook used the authority of his office for a private pecuniary gain when he used Township equipment, specifically, a one -ton dump truck, for personal purposes. Tina Holmes ( "Holmes "), Mook's daughter, resides in Waterford, Pennsylvania, LeBoeuf Township, Erie County. During a visit by Mook to Holmes' residence in the summer of 2000, Mook and Holmes discussed a depression in the ground on her property. Holmes informed Mook that she and her husband wanted to fill the depression and level the ground. Mook suggested that she contact the LeBoeuf Township Municipal Building and ask whether LeBoeuf Township had any available ditch dirt that she could use to fill the depression. Holmes checked with LeBoeuf Township and was informed that ditching was complete for that year and there was no ditch dirt available. After Holmes told Mook that LeBoeuf Township had no available ditch dirt, Mook mentioned that Cussewago Township might still have ditch dirt that he might be able to obtain for her. In fact, the Township routinely stocks a supply of ditch dirt at the Township building. During the summer of 2000, the Township was regularly delivering ditch dirt to interested Township residents. It was during this time period that Mook loaded the Township's one -ton dump truck with a partial load of dirt for delivery to Holmes' property. While on Township time, Mook delivered the dirt to Holmes' residence located approximately fifteen miles, one -way, from the Cussewago Township Municipal Building. Mook spent a minimum of one hour loading the dirt, delivering the dirt, dumping the dirt, Mook, 04 -028 Page 17 and returning to the Township building. The following findings relate to the allegation that Mook used the authority of his office for a private pecuniary gain when he used Township equipment and employees to repair personal equipment. Hays has been employed by the Township as a member of the Road Crew /Public Works for approximately six and one -half years. Hays' duties and responsibilities in his position include, but are not limited to, roadwork, maintenance, and basic mechanic work. Hays is also proficient in welding and fabrication. The Township maintains various welding materials and other equipment at the Township garage for maintenance and repairs, including a welder, welding rods, cutting torches, angle grinder, bench top grinder, and drill press. Mook has a personal interest in restoring antique farm tractors. Mook restores the equipment for personal possession and use and sometimes for eventual re -sale. While Mook was a Supervisor, he brought tractor parts to the Township garage for repair by Hays, who performed the repairs for Mook in the Township garage during normal Township working hours. Repairs completed by Hays entailed welding, grinding, filing, priming, and painting equipment. Hays performed the services for Mook because Mook was his immediate supervisor, and he (Hays) was afraid that his employment with the Township might be adversely affected if he did not perform the services for Mook. Hays repaired Mook's personal equipment at the Township garage approximately seven to eight times since approximately 1997. Hays spent a minimum of 10 hours on all repairs performed for Mook. From 1999 through 2003, Hays was paid the following hourly wages as a Township employee: $9.50 /hour in 1999; $10.75 /hour in 2000; $11.10 /hour in 2001 and 2002; and $11.35 /hour in 2003 (see Finding 45). Mook did not pay the Township for the loss of Hays' wages or for the materials and supplies utilized for the repairs. Per the admitted Findings, Mook realized a private pecuniary gain of $107.60 as a result of Hays completing repairs of a personal nature on Township time. The following findings relate to the allegation that Mook used the authority of his office for a private pecuniary gain when he used Township equipment, specifically, a trimmer /mower, for personal use. The Township owns a Troy Built 4hp trimmer /mower, which is stored in the Township garage. The Township purchased the trimmer /mower from Saegertown Hardware in 1999. The Township Road Crew utilizes the trimmer /mower for various purposes including mowing underneath road guardrails during the summer /fall months. On or about September 4, 2001, Mook removed the trimmer /mower from the Township garage. Approximately two days later, Saegertown Hardware invoiced the Township for $9.99 for trimmer line. Mook's signature appears in the "Received By" section of the invoice. Mook subsequently voted at the October 1, 2001, Board of Supervisor's meeting to approve payment of that invoice. Mook, 04 -028 Page 18 Mook utilized the Township's trimmer /mower for personal use at the property of his son, Russell Mook, from September 4, 2001, through December 14, 2001. Mook did not reimburse the Township for his personal use of the trimmer /mower. The rental rates for a trimmer /mower equivalent to the one purchased by the Township and retained by Mook was as follows: $40.00 /day; $150.00 /week; $450.00/ month (see, Finding 55). The trimmer remained in Mook's custody for a period of approximately three months and ten days. The following findings relate to the allegation that Mook failed to file Statements of Financial Interests for calendar years 1999, 2000, 2002, and 2003, and that Mook filed a deficient Statement of Financial Interests for calendar year 2001. As a Township Supervisor, Mook was aware of the requirement under the Ethics Act to file a Statement of Financial Interests by May 1 St of each year that he held his public position. On May 27, 2004, a Statement of Financial Interests Compliance Review was conducted at the Cussewago Township Municipal Building for the 2001, 2002, and 2003 calendar years. The Compliance Review revealed that Mook had not filed Statements of Financial Interests for calendar years 1999, 2000, 2002, and 2003. The Statement of Financial Interests filed by Mook on May 6, 2002, for calendar year 2001 was deficient in that Sections 3 through 15 on the form were left blank. On June 29, 2004, Mook received correspondence from the Harrisburg Office of the State Ethics Commission notifying him that he had failed to file Statements of Financial Interests for calendar years 2002 and 2003, and that he had filed a deficient Statement of Financial Interests for calendar year 2001. Mook was not notified as to his failure to file Statements of Financial Interests for the 1999 and 2000 calendar years. Thereafter, Mook completed and submitted Statements of Financial Interests for calendar years 2001, 2002 and 2003. Mook received a total of $1,430.00 in Supervisor's wages for calendar years 1999 and 2000: $485.00 in 1999; and $945.00 in 2000 (see, Finding 60). 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 Arthur Mook violated Section 1103(a) of the State Ethics Act when he used township equipment including a township hi- lift to transport items of a personal nature subsequently causing $2,701.22 [in damages] to a private vehicle as a result of his personal use the [sic] township equipment. b. That a de minimis violation of Section 1103 of the Ethics Act occurred when Arthur Mook used township equipment to deliver topsoil to the residence of his daughter. c. That a de minimis violation of Section 1103(a) occurred when Mook, 04 -028 Page 19 Mook utilized township equipment and employees to repair items of a personal nature for Mook. d. That a violation of Section 1103(a) of the State Ethics Act occurred when Mook utilized a township owned trimmer /mower for his personal use. e. That Mook failed to file Statements of Financial Interest[s] with Cussewago Township for the following calendar years: 1999, 2000, 2002 and 2003 by May 1 of the following respective calendar years. f. That Mook filed a deficient Statement of Financial Interests for the 2001 calendar year by failing to disclose any information on lines 4 through 15. 4. Arthur Mook agrees to make payment in the amount of $3,201.22 in settlement of this matter. Said amount to be payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. Payment in settlement of the matter in the amount of $3,201.22 as follows: for use of borough [sic] heavy equipment resulting in damages totaling $2,701.22, $100.00 payment for failing to file [a] Statement of Financial Interests for the 1999 calendar year, $100.00 payment for failing to file [a] Statement of Financial Interest[s] for the 2000 calendar year, and a $300.00 payment for use of the township trimmer /mower for an extended period of time. No penalty is being requested for failing to file Statement[s] of Financial Interest[s] for the 2001, 2002 and 2003 calendar years as Mr. Mook complied with the filing provisions prior to the completion of this investigation. 5. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and make no 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 Respondent'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." Consent Agreement, paragraphs 3 -5. Since paragraphs 3(a) and (d) of the Consent Agreement quoted above both contain recommendations that Mook violated Section 1103(a) of the Ethics Act when he utilized Township equipment for personal purposes, we shall address those two paragraphs together. As to paragraph 3(a) of the Consent Agreement, Mook violated Section 1103(a) of the Ethics Act when he used the authority of his public position to access the Township's high -lift, which he utilized to transport a generator for personal acquaintances. After striking an unoccupied pick -up truck with the high -lift, Mook filed a false claim with the Township's insurance company. But for his public position, Mook would not have had access to the Township's high -lift or authorization to contact the Township's insurance carrier. Mook's personal use of the high -lift, and the filing of a false insurance claim were unauthorized and resulted in a private pecuniary benefit to Mook, consisting of $2,701.22 in damages he caused to a private vehicle, for which he never had to pay. Mook, 04 -028 Page 20 As to paragraph 3(d) of the Consent Agreement, Mook violated Section 1103(a) of the Ethics Act when he used the authority of his public position to access the Township's trimmer /mower, which he utilized at his son's property for an extended period of time. But for his public position, Mook would not have had access to the Township's trimmer /mower. Mook's personal use of the trimmer /mower for an extended period of time resulted in a private pecuniary benefit to Mook in excess of $300.00. Paragraphs 3(b) and (c) of the Consent Agreement quoted above contain recommendations that "a de minimis violation of Section 1103/1103(a) of the Ethics Act occurred" relative to Mook's use of Township equipment or employees for personal purposes. Therefore, we shall address those two paragraphs together. As to paragraph 3(b) of the Consent Agreement, Mook violated Section 1103(a) of the Ethics Act by utilizing the Township's one -ton dump truck to deliver topsoil /ditch dirt to his daughter's residence on Township time. The Stipulated Findings reflect that Mook spent a minimum of one hour of Township time accomplishing this personal task. With regard to paragraph 3(c) of the Consent Agreement, Mook violated Section 1103(a) of the Ethics Act when he directed a Township employee who was his subordinate to perform personal repairs on Township time using Township equipment, at a cost of $107.60. As to the foregoing, the recommendations contained in paragraphs 3(b) and (c) are that a de minimis violation of Section 1103(a) occurred." So that there may be no confusion resulting from the use of the agreed upon phraseology, we note that there is a difference between "a de minimis economic impact," for which a violation of Section 1103(a) cannot be found, and a de minimis violation, which involves an economic impact that is sufficient under the circumstances to support a violation, which violation overall is insignificant. Since the parties to the Consent Agreement have agreed that a Section 1103(a) violation exists in both instances, but that each such violation is relatively insignificant, we concur with the recommendations contained therein. We shall now consider paragraph 3(e) of the Consent Agreement quoted above. The Stipulated Findings reflect that Mook did not file Statements of Financial Interests for calendar years 1999, 2000, 2002, and 2003 as required by Section 1104(a) of the Ethics Act. Accordingly, we find that Mook violated Section 1104(a) of the Ethics Act when he failed to file Statements of Financial Interests for the 1999, 2000, 2002, and 2003 calendar years. We shall now consider paragraph 3(f) of the Consent Agreement quoted above. The Stipulated Findings reflect that Mook filed a Statement of Financial Interests on May 6, 2002, for the 2001 calendar year; however that Statement of Financial Interests was deficient in that Sections 3 or 4 through 15 on the form were left blank. Accordingly, we find that Mook violated Section 1105(b) of the Ethics Act when he failed to provide most of the required information contained in that Section on his 2001 calendar year Statement of Financial Interests. In considering the parties' recommendation as to restitution, Respondent has agreed to make payment in the amount of $3,201.22 to the Commonwealth of Pennsylvania, with such payment to be forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. We note that the $3,201.22 relates to: (1) the private pecuniary benefit that inured to Mook as a result of the false claim that he filed with the Township's insurance company for damages that he caused to a private vehicle while engaging in unauthorized personal use of the Township's high -lift; (2) Mook's failure to file Statements of Financial Interests for the 1999 and 2000 calendar years; and (3) the private pecuniary benefit that inured to Mook as a result of his personal use of the Township's trimmer /mower. We further note that the Stipulated Findings reflect, as does the Consent Agreement, that Mook completed and filed Statements of Financial Mook, 04 -028 Page 21 Interests for the 2001, 2002 and 2003, calendar years. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, Mook is directed to pay restitution in the amount of $3,201.22 to the Qommonwealth of Pennsylvania through this Commission by no later than the thirtieth (30`") day after the mailing date of this Order. If he has not already done so, Mook is directed to file Statements of Financial Interests for calendar years 1999 and 2000 with the Township and to forward copies verifying the filings to this Commission within thirty (30) days of the mailing date of this Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. Arthur Mook ( "Mook "), as a Supervisor of Cussewago Township ( "Township "), Crawford County, was at all times relevant to these proceedings a public official subject to the provisions of the Ethics Act. 2. Mook violated Section 1103(a) of the Ethics Act when he used the Township's high - lift to transport items of a personal nature, during which he caused $2,701.22 in damages to a private vehicle as a result of his personal use of the high -lift. 3. That a de minimis violation of Section 1103 of the Ethics Act occurred when Arthur Mook used township equipment to deliver topsoil to the residence of his daughter. 4. That a de minimis violation of Section 1103(a) occurred when Mook utilized township equipment and employees to repair items of a personal nature for Mook. 5. Mook violated Section 1103(a) of the Ethics Act when he utilized the Township's trimmer /mower for his personal use. 6. Mook violated Section 1104(a) of the Ethics Act when he failed to file Statements of Financial Interests for the 1999, 2000, 2002, and 2003 calendar years, which forms were to be filed by May 1, 2000, May 1, 2001, May 1, 2003, and May 1, 2004, respectively. 7 Mook violated Section 1105 of the Ethics Act when he filed a deficient Statement of Financial Interests for the 2001 calendar year by failing to disclose any information on lines 4 through 15. In Re: Arthur Mook File Docket: 04 -028 Date Decided: 2/28/05 Date Mailed: 3/14/05 ORDER NO. 1356 1 Arthur Mook ( "Mook "), as a Supervisor of Cussewago Township ( "Township "), Crawford County, violated Section 1103(a) of the Ethics Act when he used the Township's high -lift to transport items of a personal nature, during which he caused $2,701.22 in damages to a private vehicle as a result of his personal use of the high -lift. 2. That a de minimis violation of Section 1103 of the Ethics Act occurred when Arthur Mook used township equipment to deliver topsoil to the residence of his daughter. 3. That a de minimis violation of Section 1103(a) occurred when Mook utilized township equipment and employees to repair items of a personal nature for Mook. 4. Mook violated Section 1103(a) of the Ethics Act when he utilized the Township's trimmer /mower for his personal use. 5. Mook violated Section 1104(a) of the Ethics Act when he failed to file Statements of Financial Interests for the 1999, 2000, 2002, and 2003 calendar years, which forms were to be filed by May 1, 2000, May 1, 2001, May 1, 2003, and May 1, 2004, respectively. 6. Mook violated Section 1105 of the Ethics Act when he filed a deficient Statement of Financial Interests for the 2001 calendar year by failing to disclose any information on lines 4 through 15. 7 Per the Consent Agreement of the parties, Mook is directed to make payment of $3,201.22 to the Commonwealth of Pennsylvania through this Commission by no later than the thirtieth (30 day after the mailing date of this Order. 8. If he has not already done so, Mook is directed to file Statements of Financial Interests for calendar years 1999 and 2000 with the Township and to forward copies verifying the filings to this Commission within thirty (30) days of the mailing date of this Order. a. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair