HomeMy WebLinkAbout1360 MartzIn Re: Ronald Martz
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
03 -023
Order No. 1360
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." An Answer was filed and a hearing was waived. The record is complete. A
Consent Agreement and Stipulation of Findings were submitted by the parties to the
Commission for consideration. The Stipulation of Findings is quoted as the Findings in
this Order. The Consent Agreement was subsequently approved.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter
11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989
and provides for the completion of pending matters under Act 93 of 1998.
This adjudication of the State Ethics Commission is issued under Act 93 of 1998
and will be made available as a public document thirty days after the mailing date noted
above. However, reconsideration may be requested. Any reconsideration request must be
received at this Commission within thirty days of the mailing date and must include a
detailed explanation of the reasons as to why reconsideration should be granted in
conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the
finality of this adjudication but will defer its public release pending action on the request by
the Commission.
The files in this case will remain confidential in accordance with Chapter 11 of Act
93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a
misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than
one year. Confidentiality does not preclude discussing this case with an attorney at law.
Martz, 03 -023
Page 2
I. ALLEGATIONS:
That Ronald Martz, a (public official /public employee) in his capacity as a
Supervisor of Salem Township, Westmoreland County, violated Sections 1103(a)
provisions of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §1103(a) when he used the
authority of his office for a private pecuniary gain, including but not limited to claiming and
receiving compensation for attending meetings of the township which were held during his
regular working hours as township roadmaster, and claiming and receiving compensation
as township roadmaster for administrative duties related to his position as township
supervisor; and when he used the authority of his public office and /or confidential
information obtained from holding public office to solicit business for his private excavating
company from individuals seeking sewer permits and who needed excavation type
services in relation to these permits.
II. FINDINGS:
1. Ronald Martz has served as a Supervisor for Salem Township, Westmoreland
County, since January 2002.
2. Martz has served as the full -time roadmaster since 2002.
a. The other members of the board of supervisors are appointed roadmaster
and serve on an as- needed basis.
3. The Salem Township Auditors established compensation for the supervisors serving
in employment positions with the township as follows:
2002 - $23.00 /hr — full time and part time
2003 - $22.00 /hr — full time and part time
2004 - $22.00 /hr — full time;
$22.00 /hr + 12% — part time
(in lieu of vacation, sick, and holiday pay)
4. At the April 18, 2002 meeting of the Board of Supervisors, the roadmaster job
description was adopted to in part include the following:
1. Report to the Board of Supervisors any information that may be required by
Board and by the Department of Transportation.
2. Do or direct all work necessary to carry out the responsibilities imposed by
the Board of Supervisors with respect to the maintenance, repair, and
construction of Township roads, such work to include but not be limited to,
the following:
a. Constructing and repairing, together with the supervision of the
construction and repair of surface subsurface drainage systems to
control water on roadways.
b. Overseeing the actual construction of bridges which includes
acquiring permits, estimating project costs, soliciting bids,
consulting with the township engineer and arranging manpower.
c. Directing and participating in, and supervising when necessary,
snowplowing, cindering, and salting operations when weather
conditions require.
d. Make recommendations to township supervisors regarding
Martz, 03 -023
Page 3
specifications for contracted road repair and construction work
when necessary, make recommendations for the purchase or rental
of equipment.
e. Make recommendations to township supervisors regarding
equipment and supply needs for road maintenance, and order
supplies and equipment as may be necessary.
f. Keep maintenance records, time worked logs, proposed weekly
work schedules, usage reports for vehicles and materials, and other
required reports and records.
Interview and make recommendations on hiring of new road crew
members. Train new employees, assign and evaluate their work,
and recommend disciplinary actions if required.
g.
h. Assist in the preparation of the operating budget.
Meet with the union committeeman to attempt to resolve grievances
or disputes according to the grievance procedure outlined in the
union contract.
J.
Perform related work as required, including but not limited to
reviewing and approving invoices associated with expenditures of
the road department; executing checks and paying invoices on
behalf of the township for expenditures that have been approved,
when necessary by the Board of Supervisors; reviewing plans,
drawings and related materials associated with road projects;
contacting and responding to calls of residents or other members of
the public concerning road conditions and projects within the
township.
The following findings relate to Martz's solicitation of work for his private business
while at the township office and while being paid as a roadmaster
5. Martz operates Martz Construction, a general contracting and excavating
business from his home.
a. Equipment owned includes: three high lifts; two backhoes; a dump truck;
and a lowboy trailer.
b. Martz is knowledgeable in septic system design and installation.
6. In 2002, Benedict and Jeanne DeMaria intended to develop property they owned in
Salem Township for the purpose of building a home.
7 On April 4, 2002, Jeanne DeMaria visited the township building to obtain information
regarding the township requirements for developing property.
8. On her initial visit to the township office, Jeanne DeMaria was provided with
information regarding septic and building permit applications as well as general
information.
a. DeMaria was provided with information by secretary /treasurer Toni Ritchey.
b. DeMaria was told that the initial step would be to apply for a sewage permit.
Martz, 03 -023
Page 4
c. Ritchey provided her with a list of phone numbers, which included that of
Sewage Enforcement Officer James Michny.
9. During the initial DeMaria visit, she met Martz who introduced himself and stated that
he would be able to answer her questions and that he was capable of helping with
site preparation.
10. The DeMaria's did not know anyone else in the area who did excavation and septic
system work.
11. Benedict DeMaria contacted Martz on or about April 6, 2002, and advised Martz they
wanted to pursue their intent to development of their property.
a. Martz met the DeMaria's at their property to discuss the best location to install
the septic system; give advice on where to install the driveway; and provide
general advice about the property.
b. Martz provided the DeMaria's with information on various types of septic
systems during the initial consultation with him.
c. Benedict DeMaria paid Martz $50.00 in cash for Martz's time and advice.
12. During the meeting on or about April 6, 2002, Martz informed the DeMaria's that they
needed to have a soil test performed.
13. The DeMaria's agreed to pay Martz $250 to conduct the soil test.
14. On or about April 29, 2002, Jeanne DeMaria completed a Salem Township
Application For An On -Lot Sewage Disposal System Permit.
15. Sometime between April 29, 2002 and May 21, 2002, Martz performed the soil test
on the DeMaria's property to locate a place suitable for the septic system.
16. On or about August 3, 2002, Martz met with DeMaria to discuss additional work that
was needed on their property.
a. Upon agreeing to a date and time for the meeting, Martz advised DeMaria
that he was owed an additional four hundred dollars ($400.00) for a
percolation test.
17. Martz provided the DeMaria's with a written estimate for the work discussed at the
August 3, 2002 meeting.
a. The estimate, in the amount of $33,000.00, included the following:
1. Exv. of diversion along driveway up to gate
2. Exv. of bank to change grade of driveway
Est. appox. $3300.00
3. Ditch for elect & ph & extra line & backfill
Exv & labor
Est. appox 5500.00
pipe material not in Est.
your price on pvc. was much better then I can get
4. Storm watercross over pipe
Martz, 03 -023
Page 5
18. The DeMaria's had not made a decision about which system to install prior to being
informed that the property had passed the perk test.
a. Although no decision had been made about who would design or install the
system, Martz was in consideration.
19. For various reasons, the DeMaria's postponed the development of their property
until February /March 2003.
20. In February /March 2003, the DeMaria's contracted with Wayne Homes to build a
house on their property.
a. Wayne Homes recommended an excavator by the name of Merle Harr,
owner of Devil Dog Excavating.
b. The DeMaria's purchased a design for a sand mound septic system from
Merle Harr.
21. On March 19, 2003, the DeMaria's met with a representative from Madison
Engineering & Surveying, Inc. to submit the necessary paperwork as the next step
in their application for a septic system permit.
a.
b.
#3 needed
Mach time labor & mat.
Est. appox. 4200.00
5. Septic At Grade Echo Flow
Bed size double
Est. appox. 20,000.00
Est 33,000.00"
Madison Engineering had prepared the Sewage Facilities Planning Module
which the DeMaria's signed on 3/18/03.
Salem Township SEO Jim Michny signed the Planning Module on 3/21/03.
1. Supervisor Anders Johnson's signature on the Planning Module is
undated.
22. On March 19, 2003, Martz reviewed the septic system design the DeMaria's had
prepared by Merle Harr, and advised that the design would not work and that the
SEO would not approve the design.
a. Martz advised the DeMaria's that he designed septic systems.
b. Martz's review of the design plan and discussion with the DeMaria's took
place during their visit to the township office on 3/19/03.
23. The DeMaria's chose to have their septic system design prepared by Ronald
Andrasko based on the recommendation they received from Madison Engineering.
24. On June 11, 2003, Salem Township SEO David Jobe issued Permit #1 -03 for
Installation of Sewage Disposal System, to the DeMaria's.
a. By way of letter dated 6/3/03, the Department of Environmental Protection
advised that the Salem Township SEO was authorized to issue permits in
regard to the DeMaria's Planning Module.
Martz, 03 -023
Page 6
25. In or about March 2003 the DeMaria's were addressing the issue of installing
various utility services to their property, including electric, telephone and cable.
a. Martz provided Benedict DeMaria with an estimate of $4,900.00 for
underground installation of the utilities.
26. DeMaria attended the May 22, 2003 regular monthly meeting of the board of
supervisors, to obtain information relating to the specifications for burying utility
lines along a township road.
a. As a result of the discussion, the board agreed to allow the underground line
installation in accordance with the utility company requirements: 2" of sand
above and below the conduit, refill with dirt (material excavated from the
ditch), 12" of shale, compaction.
1. Supervisor Johnson specified that the use of shale rock was
contingent upon its acceptability.
2. Johnson had suggested the use of shale as a less expensive option
to sand and stone.
b. The board approved the Road Occupancy Permit for Alltel in relation to the
DeMaria's installation of underground utilities.
27. After the May 22, 2003 meeting, DeMaria contacted Martz to discuss Martz's
estimate for installing the underground utilities and whether it could be reduced by
using shale instead of sand and /or stone.
a. DeMaria was considering utilizing Martz to do the work due to Martz's
familiarity with roads and what was typical for the area.
b. Martz advised DeMaria that his estimate increased based on the discussion
at the 5/22/03 meeting.
c. DeMaria determined not to utilize Martz.
28. Martz, as township roadmaster, performed an inspection of the work during the
installation and required Harr to place stone on the section of road along which the
utility lines were buried resulting in an additional $600.00 in cost to the DeMaria's.
The following Findings relate to Martz's receipt of roadmaster pay for performing
duties related to his position as a supervisor.
29. As the full time roadmaster, Martz is responsible for maintaining the road crew time
records.
a. Martz completes two different forms of time records which include work
schedules and time sheets.
1. The Salem Township Road Manager and Crew Work Schedules
provide descriptions of the work performed on a daily basis.
2. The Time Sheets reflect the number of hours worked by each
employee, as well as any leave used.
30. The Salem Township Road Crew work hours are Monday through Friday 6:30 a.m.
to 2:30 p.m.
Meeting
Date
Meeting Time
Hours
Martz
Claimed
Type of Mtg.
Hours/
Rate
Total
03 -08 -02
9:00 -9:24 a.m.
8.0
Special
.5 hr./
$23.00
$ 11.50
09 -11 -02
7:37 -7:40 a.m.
8.0
Special
.25 hr./
$23.00
$ 5.75
01 -06 -03
9:00 -10:45 a.m.
8.0 +5.50.T.
Organizational
1.75 hr./
$23.00
$ 40.25
01 -05 -04
9:00 -10:00 a.m.
7.5 + .5 O.T.
Organizational
.5 hr/
$22.00
$ 11.00
TOTAL
3.5 Hours
$ 68.50
Martz, 03 -023
Page 7
a. The employees are paid for eight hours, with no designated lunch period.
b. Lunch is eaten on the road.
c. Martz generally worked the same hours as the road crew, with no designated
lunch period.
31. Martz began receiving compensation as a roadmaster beginning in February 2002.
a. Martz received no wages during the month of January 2002.
32. Between March 2002 and February 2004 Martz was compensated as roadmaster
for attending meetings related to his position as township roadmaster [sic].
a. Township solicitor invoices document meetings Martz attended.
b. The township Sign -In Sheets document dates and names of individuals
visiting the township office for various meetings.
c. The Road Manager and Crew Work Schedules reference meetings Martz
attended.
d. The minutes of the board of supervisor's meetings list the dates of various
meetings held and those who attended.
33. Martz has been compensated as township roadmaster for the following meetings
related to his position as township supervisor.
- meetings with the solicitor
- township meetings, special meetings, reorganization meetings
- union negotiations, meetings with the solicitor
- pension plan meetings
- applicant interviews
34. The Salem Township Board of Supervisors conducted four Special Meetings and /or
Reorganization Meetings during the same hours that Martz was being compensated
as a roadmaster.
a. Martz claimed his hourly rate as roadmaster for attending these meetings.
b. These meetings were not related to Martz's position as roadmaster.
35. Martz was compensated as a roadmaster for attending reorganization and special
meetings of the board of supervisors, as listed below *:
DATE
DESCRIPTION
HOURS
DAILY
HOURS
03/01/02
Attend meeting at Dept of Agriculture with UTMA, HTMA,
Dept of Agriculture Reps, DEP Reps and Supervisors
1.5
8.0
03/08/02
Conf w/ Supervisors re: looking at Pension Agreements
1.0
8.0
03/28/02
Conference with R Martz and Jon Cochran re: potential
encroachment and easement
1.0
8.0
Meeting with Supervisors and UAW Reps re: Tony
05/17/02
Moonis retirement; meeting with Supervisors re: Wolf
2.5
8.0
Lake Rd and Salandro matters (8:30 a.m.)
05/10/02
TC with R Martz re: sewage matters, People's Dominion,
Massage Ordinance, T Mooni's retirement
0.4
8.0
05/03/02
Conference re: subdivision procedures within Salem Twp,
Climax and Beehive inspections and Harr matter
1.3
8.0
06/21/02
Conference with Supervisors, Joyce Summers and Don
Pepe re: Wal -Mart and related matters
1.5
8.0
TCs w /Ritchey /Martz re: T Moonis, Exec Sessions, Hult
8 + 1.5-
06/17/02
Resolution, Ofc Policies, E &O coverage for Code
Enforcement Ofcr /SED, Massage Ord Compliance
0.5
O.T.
Conf w /Supervisors, B Comisak & M Danillo re: M Harr
06/13/02
and D Washington grievances /insurance grievances
3.0
8.0
(10:00 a.m.); mtg w /Supers and T Ritchey re: ofc policy
Meeting with Supervisors re: Tom Clip issues;
0.5
06/27/02
Meeting with E Gieselman and R Martz re: Answer and
8.0
New Matter (2:00 p.m.-2:30 p.m.)
0.5
Review proposed Answer and New Matter with
0.3
06/25/02
Supervisors Johnson and Martz;
8.0
Conference with Johnson and Martz reviewing Answers
1.5
Martz, 03 -023
Page 8
a. Martz deducted .5 hours from his regular 8 -hour day on 1/5/04 to
compensate for his attendance at the Organizational Meeting.
1. The duration of the meeting was 1.0 hour.
2. The .5 hours used in the above calculation reflects the difference
between the 1.0 hour meeting and the .5 hours deducted from his
time on 1/5/04.
36. Martz attended meetings with township Solicitor Gary Falatovich which were related
to his position as a supervisor for which he claimed compensation as a roadmaster.
a. Meetings are documented on invoices Solicitor Falatovich submitted to the
township.
b. Falatovich submits invoices to the township for his legal services on a
monthly basis.
c. The invoices reflect the date the service was performed, a description of the
service and the amount of time.
d. The purposes of the meetings were unrelated to Martz's position as
roadmaster and included such subjects as easements, subdivisions,
grievances, lawsuits, union negotiations and other non -road related matters.
37. Martz was compensated as township roadmaster for attending meetings with the
township solicitor as enumerated below *:
DATE
DESCRIPTION
HOURS
DAILY
HOURS
to Interrogatories
07/12/02
Conf w /Supervisors re: Ord.41 Amendments; revise
Amendments; TC w /Ritchey re: ad; email to Ritchey &
Gieselman re: same
2.0
8.0
07/17/02
Conf w /Supervisors Johnson and Martz re: Auditor's
Litigation, draft Ans. And New Matter
2.0
8.0
07/02/02
Conf w /Supervisors Johnson and Martz
1.0
8.0
07/17/02
Conf w /Supervisors reviewing revises application and
Linkosky Ltr
1.5
8.0
07/12/02
Conf w /Supervisors, TC w /T. Clipp, Memo to Clipp &
Linkosky re: info to be submitted for renewal; emails to
Ritchey & Gieselman re: same
4.0
8.0
07/11/02
TC w /R. Martz & T. Clipp re meeting on Beehive
0.2
8.0
08/15/02
Conf w /Supervisors RE: Ordinance 41(Massage Parlors-
8:00 a.m.)
0.5
8.0
08/27/02
Meeting w /A. Johnson & R. Martz; Attend Collective
Bargaining Session (7:00 a.m.)
5.5
8.0
08/06/02
Conf. w /A. Johnson & R. Martz; Attend Collective
Bargaining Session (7:00 a.m. - 10:00 a.m.)
3.0
8.0
08/02/02
Attend meeting with Supervisors re positions on
Collective Bargaining with UAW (8:30 a.m.)
2.0
8.0
08/26/02
T /C's w /R. Martz, T. Ritchey & A. Johnson re: Wal -mart,
new massage business application and collective
bargaining session respectively
0.4
8.0
08/08/02
Conf w/ R. Martz; view Steiner property
1.0
8.0
08/05/02
Conf with Murrysville team and Supervisors re Wal -Mart
issues (9:00 a.m. - 11:00 a.m.)
2.0
8.0
08/20/02
Conf w /Supervisors Martz & Johnson to review Answer,
New Matter and Affirmative defenses ;
Email to E. Gieselman re Ridilla resignation; Conf
w /Supervisors Johnson & Martz re same
1.3
0.7
8.0
09/13/02
Conf w /R. Martz; Attend collective Bargaining Session
5.0
8.0
09/30/02
TC w /T. Ritchey re Ad for Ag Sec Area appointees; TC
w /R. Martz re comp time
0.3
8.0
09/19/02
TCs w /Ritchey, Martz & DeFrances re agenda, ag
security cmte, St. Aid for pension & Surface water
discharge Agmnt
0.5
8.0
09/28/02
Conf w/ J. McDada, T. Ritchey, R. Martz and Anders
Johnson re response to Merle's Complaint
2.5
8.0
10/18/02
TC w /M. Daniello re joint exhibits; conf w /Supervisors
Johnson and Martz to prepare for hearing;
Conf w /Supervisors Johnson and Martz re Ag Security
Zone, Tilford and Kerns Subdivisions
2.3
1.0
8.0
10/15/02
Attend meeting w /Supervisors Johnson & Martz & T.
Ritchey to prep for Bargaining session (1:30 p.m.)
1.0
8.0
11/22/02
TCs w /J. Naylor, T. Ritchey and Supervisors Johnson &
Martz re Iapalucci insurance coverage; email to E.
Gieselman re same
1.1
8.0
11/13/02
Conference w /Supervisors and T. Ritchey; attend
Collective Bargaining Session (8:30 a.m.)
6.0
8.0
11/18/02
Meeting w /Supervisors and representatives of PNC re
2.5
8.0
Martz, 03 -023
Page 9
DATE
DESCRIPTION
HOURS
DAILY
HOURS
budget, lease options and TAN for 2003 Budget year
0.6
12/30/02
Attend meeting w /supervisors and N. Frantangelo re
changing Climax hours of operation
1.0
8.0
12/11/02
Conf w /supervisors (8:30 a.m.); attend collective
bargaining session (9:00 a.m. -11:30 a.m.)
3.0
8.0
2002
TOTAL: 62.8 hours @ $23.00 /hr. = $1,444.40
0.5
01/24/03
Conference w /R. Martz re sewage permits, etc.
1.0
8.0 + 1.5 -O.T.
01/15/03
TCs w /R. Martz & T. Ritchey re building permits
0.3
8.0
01/14/03
TC w /R. Martz & A. Johnson re Murrysville, Wal -Mart,
Townhall & Holiday Inn Express
0.4
8.0 + 1.0 -O.T.
02/07/03
Conf w /R. Martz & T. Ritchey re BOCA Ord & 10 acre
exemptions; Conf w /R. Martz & B. Comisak re insurance
reimbursements
1.5
8.0 + 2.5 -O.T.
Conf. w /supervisors re Cortina - Lamplighter case and
calculation of tap in fees;
0.6
Conf w /supervisors re subdivisions (9:00 a.m.); Piasecky
Permit & Ag Security Area
3.5
03/17/03
recordings;
8.0
Review renewal application and related docs; Conf
w /supervisors re same;
0.5
Conf w /supervisors re new UAW language; TC w /P.
Watkins re same
0.6
03/31/03
Conference w /supervisors, Ritchey, DeFrances and
representatives of DeLisi's office re Audit
1.3
8.0
03/28/03
Conference w /supervisors re Piasecky Permit and
execution of UAW Agreement
1.5
8.0
03/20/03
TC w /R. Ritchey, R Martz and B. Whitling re Walmart
subdivision
0.3
8.0
03/10/03
TC w /R. Martz re Ag Security Areas
0.1
8.0
04/28/03
TC w /Supervisor's Johnson & Martz re dissolution;
TC w /Supervisors Johnson & Martz re Massimo
0.3
0.1
8.0
05/20/03
Complete review of Brucker materials; review regs; conf
w /R. Martz and D. Regola (7:30 a.m.)
3.50
8.0
05/30/03
Conf w /RM re Hohman Subdvsn, Mack purchase &
Delmont Intermunicipal Agmnt (7:30 a.m.)
0.7
8.0
05/21/03
Meeting w /R. Martz re subdivision requests and agenda;
travel t/f same (7:30 a.m.)
1.5
8.0
05/01/03
Attend executive session on STMA issues
0.8
8.0
06/25/03
Conf w /supervisors re Bamboo license; review and reply
to EG emails
0.7
8.0
Attend meeting w /supervisors re Beehive /Bamboo
06/16/03
licenses (7:30 a.m.); St Police (9:00 a.m.) VFD matters
and Tap In Fees; travel t /f.
3.7
8.0
Conf w /R. Martz & TR re subdivisions, 10 acre
07/15/03
exemptions, side lot additions; Totter Ridge & bike trail;
travel t/f (7:30 a.m.)
2.0
8.0
Conf. w /R. Martz re: snow removal agrmt Delmont
10/23/03
Rd /Sewer lines, conf. w /RM & EG re WLR Appeal, conf.
w. AJ & RM re: STMA records (7:45 a.m.- 9:30 a.m.); TC
w. TR re: same
2.0
8.0
10/09/03
Conf w /RM & TR re Subdivision Charges, Vaia Liens &
water sewage extensions
3.5
8.0
Martz, 03 -023
Page 10
DATE
DESCRIPTION
HOURS
DAILY
HOURS
12/16/03
TC's w /RM, AJ & TR re: Peasecky /McCalmont DEP
Permit; Delmont matters & agenda
0.8
8.0
01/27/04
Conf. w/ Supervisors & D. Regola re: Implementation of
Storm Water Mgmt Ord. and UCC & UAW concerns (8:10
a.m. -10:15 a.m.)
2.0
8.0 + 7.0-
O.T.
02/19/04
Conf. to discuss Salvatore Lti., Ord. 41 Enforcement,
Strm. Wtr. Mgt. Fee resolution and hiring travel T/F
1.5
8.0
02/12/04
TC's w /TR, AJ, RM & BZ re: Comments on Storm water
management Ord. Protecting Twp. Email and Ord 41
0.6
8.0
2003/2004
TOTAL: 35.3 Hours @ $22.00 /hr. = $ 776.60
Martz, 03 -023
Page 11
38. Between May 20, 2002, and February 11, 2003, Martz participated in miscellaneous
meetings related to his position as a supervisor for which he was compensated as a
roadmaster.
a. The meetings took place between 6:30 a.m. and 2:30 p.m., Martz's regular
working hours as township roadmaster.
39. Miscellaneous meetings attended by Martz which he claimed roadmaster
compensation include the following:
Meeting Meeting
Date Time
05 -20 -02 1:00 - 1:20 .5
05 -30 -02
08 -15 -02
09 -17 -02
09 -19 -02
09 -24 -02
10 -10 -02
10 -16 -02
10 -21 -02
Sub -Total
02 -11 -03
12 -05 -03
12 -05 -03
Sub -Total
10:00 - 2:00 .75
2:00 - 2:30
9:00 - 11:00
9:00 - 11:30
7:30 - 8:15
8:30 - 10:00
8:30 - 12:00
10:00 - 10:30
7:30 - 8:00
8:30 - 9:25
9:25 - 10:15
Length of
Meeting
.5
2.5
2.5
.75
1.5
3.5
.5
13.0 hrs.
5
1.0
75
2.25 hrs.
Reason for Meeting
Meeting with PNC Bank, auditor
summary; various administrative
issues.
Meeting w /ins. Co. Attorney Charles
Saul RE: Washington PHRC
complaint -4.0 hrs. total (individual
depositions w /Martz, Gieselman,
Ritchey, DeFrances, Johnson).
Meeting RE: pension w /Mockenhaupt
Computer demonstration
Meeting RE: subdivision w /Jim
McQuaide
RE: Dismissal of Kim Strittmatter
Meeting w /member of twp. Rec.
board, Perry Miller.
Union contract negotiations at twp.
office (Falatovich not present).
Meeting RE: Harr grievance.
@ $23.00 /HR = $299.00
Executive Session RE: BOCA
Meeting RE: sewage loan refinancing
Meeting RE: sewage lines
@ $22.00/HR = $ 49.50
40. On five occasions between October 1, 2002, and February 5, 2003, Martz attended
meetings relating to union contract negotiations, grievances and arbitrations, which
occurred between 6:30 a.m. and 2:30 p.m., his regular hours as roadmaster.*
MEETING
DATE
TIME
HOURS /RATE
DESCRIPTION
03/12/02
11:00 a.m.
1.5 @
$23.0 /hr.
Pension meeting with Mike
Finnell
06/18/02
8:00 a.m.
1.5
$23. 0 /hr.
Pension investments w /Mike Finnell
09/25/02
10:45 -12:30
1.75 (a, $23.00 /hr.
Meeting with pension advisor
10/15/03
10:15 a.m.
1.5
$22. 0 /hr.
Pension meeting
Total
$142.25
Martz, 03 -023
Page 12
10/01/02
9:00 -12:00 noon
10/10/02 8:30 -10:00 a.m.
10:00 -12:30 p.m.
10/16/02 8:30 -12:00 noon
11/26/02 1:00 -2:30 p.m.
02/05/03 1 Hour
TOTAL 13.5 Hours
UAW representatives & solicitor
regarding Washington
arbitration hearing
Meet w /solicitor RE:
Washington arbitration.
Washington arbitration.
Contract negotiations
Union meeting
Mtg. w /solicitor, discuss
grievance RE: Insurance
payments
3.0 hrs.@
$23.00 /hr.
4.0 hrs. @
$23.00 /hr.
4.0 hrs. @
$23.00 /hr.
1.5 hrs. @
$23.00 /hr.
1.0 hrs. @
$22.00 /hr.
41. Martz participated in meetings with Michael Finnell of HHM Financial Services,
relating to the township employee pension program.
a. Meetings occurred at the township office with the exception of a luncheon
meeting on January 24, 2003.
b. The meetings occurred during Martz's work hours as roadmaster.
c. Martz claimed roadmaster pay for attending these meetings.
42. On February 19, 2004, Martz participated in interviews of applicants for the
township secretary position.
a. The interviews were conducted between the hours of 6:30 a.m. -2:30 p.m.
b. The interviews were conducted subsequent to the resignation of Toni
Ritchey and Arlene DeFrances.
c. Martz claimed compensated [sic] as a roadmaster for the two hours he
participated in the interviews, totaling $44.00 (2 hours @ $22.00 /hr.).
1. Interviews, which lasted approximately one hour each, were held at
7:30 a.m. and 9:30 a.m.
d. Martz submitted for eight (8) hours worked as a roadmaster on February 19,
2004.
Martz, 03 -023
Page 13
43. Salem Township's payroll is issued twice a month on the 15 and last day of the
month.
a. Payroll checks require three signatures including two supervisors and the
secretary /treasurer
b. Between January 2002 and December 2003, Supervisor Edward Gieselman
did not sign checks from any township accounts, resulting in all payroll
checks being signed by Ronald Martz, Supervisor Anders Johnson and Toni
Ritchey, Secretary /Treasurer.
44. Martz participated in board actions to approve expenditures, which included the
payroll fund, at the board of supervisors regular monthly meetings.
a. Martz was present at all regular meetings beginning 1/17/02 through
1/15/04.
b. Martz made or seconded the motions to pay bills at meetings held from
2/21/02 through 1/15/04.
c. Martz cast the deciding vote to approve payment of the bills at each regular
meeting held from 2/21/02 through 1/15/04.
45. Martz received a total of $2,923.25 when he claimed compensation for 132.05
hours as a roadmaster for performing duties and attending meetings that related to
his position as a supervisor, and subsequently participated in actions approving
payments to him. *
Board of Supervisor's Meetings 3.5 hours $ 68.50
Meetings with the solicitor 106.8 hours 2,359.00
Union related meetings 13.5 hours 309.50
Pension related meetings 6.25 hours 142.25
Interviews of secretarial candidates 2.0 hours 44.00
TOTAL:
132.05 hours $ 2,923.25
*It is noted that although the calculations in the Stipulated Findings may include minor
errors, the parties have stipulated to them as stated.
III. DISCUSSION:
Respondent, Ronald Martz, (also referred to herein as "Respondent" or "Martz "),
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 Martz, as a Supervisor of Salem Township, Westmoreland
County, violated Section 1103(a) of the Ethics Act when he: (1) claimed and received
compensation for attending meetings of the township which were held during his regular
working hours as township roadmaster; (2) claimed and received compensation as
township roadmaster for administrative duties related to his position as township
supervisor; and (3) solicited business for his private excavating company from individuals
seeking sewer permits and who needed excavation type services in relation to these
permits.
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.
Martz, 03 -023
Page 14
§ 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.
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.
Since 2002, Martz has served as a Supervisor for Salem Township ( "Township ")
and the Township's full -time Roadmaster. As a roadmaster, Martz is generally responsible
for reporting to the Board of Supervisors ( "Board ") any information that may be required by
the Board and the Pennsylvania Department of Transportation, and performing or directing
all work necessary to carry out the responsibilities imposed by the Board with respect to
the maintenance, repair, and construction of Township roads (see, Finding 4). As the
Township's full -time Roadmaster, Martz is specifically responsible for maintaining the road
crew time records, which entails completing Township Road Manager and Crew Work
Schedules and Employee Time Sheets.
The Township Road Crew working hours are Monday through Friday, 6:30 a.m. to
2:30 p.m., with no designated lunch period. As a roadmaster, Martz generally worked the
same hours as the road crew.
Compensation for working supervisors was set by the Township Auditors as follows:
$23 /hour for full and part -time workers for calendar year 2002; $22 /hour for full and part -
time workers for calendar year 2003; and $22 /hour for full time workers, and $22 /hour plus
Martz, 03 -023
Page 15
12% for part -time workers in lieu of vacation, sick and holiday pay for calendar year 2004
(see, Finding 3).
Between March 2002, and February 2004, Martz claimed compensation as a
roadmaster for attending meetings related to his position as Township Supervisor.
Specifically, Martz claimed his hourly rate as a roadmaster for attending township
meetings, special meetings and reorganization meetings; meetings with the Township
Solicitor to discuss easements, subdivisions, grievances, lawsuits, and other non -road
related matters; meetings relating to union contract negotiations, grievances and
arbitrations; meetings to discuss the township employee pension program; meetings to
interview applicants for the township secretary position; and other miscellaneous meetings
related to his position as a Township Supervisor. The meetings that Martz attended took
place between 6:30 a.m. and 2:30 p.m. during Martz's regular working hours as a
roadmaster (see, Findings 29 — 42). Martz claimed compensation for 132.05 hours as a
roadmaster for performing duties and attending meetings related to his position as a
Township Supervisor (see, Finding 45).
The Township's payroll is issued on the 15 day and the last day of each month.
Payroll checks require three signatures including two supervisors and the Secretary/
Treasurer. Between January 2002 and December 2003, all payroll checks were signed by
Martz, another supervisor, and the Township Secretary /Treasurer.
From January 2002 through January 2004, Martz attended all of the Township's
regular meetings and participated at those meetings in approving the Township's bills,
which included the Township's payroll. Martz's participation consisted of making or
seconding motions to pay the bills, or voting to approve the payment of the bills.
As a result of Martz's participation, he received compensation in the amount of
$2,923.25 for 132.05 hours that he claimed as a roadmaster for performing supervisory
duties.
In his private capacity, Martz operates Martz Construction, a general contracting
and excavating business. In connection with his private business, Martz is knowledgeable
in septic system design and installation.
In 2002, Benedict and Jeanne DeMaria (the "DeMarias ") were planning to build a
home on property they owned in the Township. In April of that year, Mrs. DeMaria visited
the Township building to inquire what the Township's requirements were for developing
their property. The Township Secretary /Treasurer advised Mrs. DeMaria that the initial
step would be to apply for a sewage permit. The Secretary /Treasurer then provided Mrs.
DeMaria with a list of telephone numbers including that of the Sewage Enforcement Officer
( "SEO ").
During Mrs. DeMarias initial visit, Martz introduced himself and advised Mrs.
DeMaria that he would be able to answer her questions and help with site preparation. Not
knowing anyone else in the area who did excavation and septic system work, Mr. DeMaria
contacted Martz and advised Martz that he and his wife wished to pursue development of
their property. On or about April 6, 2002, Martz met the DeMarias at their property and
provided them with general advice about the property, including the best location to install
the septic system, the various types of septic systems, and where to install the driveway.
Martz also informed the DeMarias that a soil test would need to be performed on their
property.
The DeMarias paid Martz $50 cash for his time and advice. The DeMarias also
agreed to pay Martz $250 to conduct the soil test.
Martz, 03 -023
Page 16
On or about April 29, 2002, Mrs. DeMaria completed an application with the
Township for an on -lot sewage disposal system permit. Shortly thereafter, Martz
performed the soil test on the DeMarias' property to locate a suitable location for the septic
system.
Martz and the DeMarias agreed to set up a meeting for August 3, 2002, to discuss
additional work that was needed to develop their property. Upon settling upon a date and
time for the meeting, Martz advised the DeMarias that they owed him an additional $400
for a percolation test. Following the August 3 meeting, Martz provided the DeMarias with
a written estimate in the amount of $33,000, which estimate included excavation and septic
system work (see, Finding 17).
In February or March 2003, the DeMarias contracted with Wayne Homes to build a
house on their property. Wayne Homes recommended Merle Harr, owner of Devil Dog
Excavating, to perform the excavation work. The DeMarias then purchased a design for a
sand mound septic system from Mr. Harr.
On March 18, 2003, the DeMarias signed a Sewage Facilities Planning Module
( "Planning Module ") prepared by Madison Engineering & Surveying, Inc. ( "Madison
Engineering "). The Planning Module was then signed by the Township SEO and
Supervisor Anders Johnson.
On March 19, 2003, Martz reviewed the septic system design prepared by Merle
Harr and advised the DeMarias that the design as submitted would not work and would not
be approved by the Township SEO. Martz then advised the DeMarias that he designed
septic systems. However, upon the recommendation of Madison Engineering, the
DeMarias asked Ronald Andrasko to design their septic system. The DeMarias were later
issued a permit for the installation of a sewage disposal system on their property.
In or around that same time period, the DeMarias were addressing the matter of
installing underground utility service to the property, including electric, telephone and
cable, and were considering using Martz to install the utilities because of Martz's familiarity
with roads. Martz provided Mr. DeMaria with an estimate in the amount of $4,900 for the
installation of underground utilities.
On May 22, 2003, Mr. or Mrs. DeMaria attended the regular monthly meeting of the
Board of Supervisors to obtain information with regard to specifications for burying utility
lines along a Township road. Following a discussion, the Board agreed to permit
installation of underground utility line(s) in accordance with the utility company's
requirements, specifically, using 2 inches of sand above and below the conduit, and
refilling with dirt, and 12 inches of shale, compaction (see, Finding 26). Supervisor Anders
Johnson suggested the use of shale as a less expensive option to sand and stone. The
Board then approved the Road Occupancy Permit for Alltel for the installation of
underground utilities at the DeMaria property.
Following the meeting, Mr. or Mrs. DeMaria contacted Martz to discuss Martz's
original $4,900 estimate for the installation of the underground utilities, and to inquire
whether the estimate could be reduced if shale would be used as fill instead of sand or
stone. Martz advised that based upon the discussion at the May 22 Board meeting, his
original estimate would increase, after which the DeMarias decided not to utilize Martz.
During the installation of the utilities at the DeMaria property, Martz in his capacity
as a Roadmaster performed an inspection of the work and required the placement of stone
on the section of road where the utility lines were buried. As a result of Martz's
requirement to use stone, the DeMarias' costs increased by an additional $600.
Martz, 03 -023
Page 17
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 an unintentional violation of Section 1103(a) of the
Public Official and Employee Ethics Law, 65 Pa.C.S. §
1103(a) occurred in relation to Martz claiming and
receiving compensation for attending meetings of the
township which were held during his regular working
hours as township roadmaster, and for receiving
compensation as township roadmaster for duties
related to his position as an elected township
supervisor.
b. That no violation of Section 1103(a) of the Public
Official and Employee Ethics Law, 65 Pa.C.S. § 1103(a)
occurred relating to the allegation that Martz solicited
business for his private excavating company from
individuals seeking township permits who needed
excavation services in relation to these permits.
4. Martz agrees to make payment in the amount of $1,000.00 in
settlement of this matter 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 and to file
amended Statements of Financial Interests.
5. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no specific
recommendation 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.
In considering paragraph 3(a) of the Consent Agreement quoted above, there is a
fundamental distinction between a Township Supervisor as an elected public official and
as a paid Township employee. The compensation that a Supervisor as an elected official
receives is limited by the Second Class Township Code ( "Code "). Any legislative or
administrative duties are encompassed within the duties of elected Supervisor for which
the Supervisor may not receive any additional compensation beyond that authorized in the
Code. As a working Township employee, the Supervisor may be compensated at the
hourly rate or salary set by the Auditors for performing duties that are employee related.
See, VanWhy, Order 1295; Hardinger, Order 1232; Cours, Order 1150; Yetsconish, Order
1046.
In applying Section 1103(a) to the above, we find that Martz used the authority of
his public office as a Township Supervisor by: (1) claiming 132.05 hours as a Roadmaster
for attending meetings related to his position as a Township Supervisor; (2) signing his
own paychecks; and (3) participating in the approval of Township expenditures, including
the Township payroll. But for his position as a Township Supervisor, Martz would not have
been able to take such actions, which resulted in a private pecuniary benefit to Martz,
Martz, 03 -023
Page 18
consisting of unauthorized employee compensation in the amount of $2,923.25 for
performing functions related to his elected position as Township Supervisor.
Intent is not a requisite element for a violation of Section 1103(a) of the Ethics Act.
See, e.q., Yocabet v. State Ethics Commission, 531 A.2d 536 (Pa. Commw. 1987).
Nevertheless, based upon the Stipulated Findings and Consent Agreement, it would
appear that the aforesaid violation was unintentional. Therefore, we agree with the parties
that an unintentional violation of Section 1103(a) of the Ethics Act occurred when
Respondent Martz claimed and received compensation for attending meetings of the
Township which were held during his regular working hours as Township Roadmaster, and
when he received compensation as Township Roadmaster for duties related to his position
as an elected Township Supervisor.
Our decision follows the ruling of Commonwealth Court which noted in R.H. and
T.W. v. State Ethics Commission, 673 A.2d 1004 (Pa. Commw. 1996):
T.W. maintains that he is entitled to hourly wages for
performing these [administrative] duties. He notes that the
recent growth of the Township led to a substantial increase in
demands upon the Township government and that the
Supervisors have assumed responsibility for meeting much of
this burden. With this argument, T.W. implies that, because
the rise in activity forced him to work in excess of the stated
duties of Township Supervisors, he was properly compensated
for such actions with an hourly wage.
We sympathize with T.W.; however, there is no
question that the duties at issue were supervisory in nature.
The supervisory salary was statutorily set and encompassed
all of the ensuing administrative functions. Thus, T.W.
violated the 1978 Act when, in addition to his Supervisor's
compensation, he received hourly wages as an employee for
performing administrative duties.
Id. at 1011.
In considering paragraph 3(b) of the Consent Agreement quoted above, based upon
the stipulated findings as they have been presented to us, we find that Martz used the
authority of his public office to solicit business for his private excavating company from the
DeMarias who, at that time, were seeking permits /approval from the Township relative to
the construction of a home on their property. The stipulated findings reflect that as a result
of such solicitation, Martz was able to secure a meeting with the DeMarias at which Martz
provided general advice about developing their property, and for which he received $50.
The stipulated findings further reflect that the DeMarias agreed to pay Martz $250 to
conduct a soil test, and that Martz did in fact conduct the soil test. Based upon these
findings, we believe there is a strong inference that Martz also received $250 from the
DeMarias for conducting the soil test on their property.
Although Martz advised the DeMarias that he was owed an additional $400 for a
percolation test, the stipulated findings do not indicate whether Martz actually conducted
the test or received payment for the test. Therefore, based upon the Stipulated Findings,
the total private pecuniary benefit that has been established is $300 from the DeMarias
($50 for Martz's meeting with the DeMarias, and $250 for the soil test).
Ordinarily the use of the authority of public office to solicit private business
opportunities constitutes a conflict of interest prohibited by Section 1103(a) of the Ethics
Act. See e.q., Metrick, Order 1037; Cook, Order 1203. We emphasize this point so that
Martz, 03 -023
Page 19
there is no misunderstanding that this Commission in any way condones Martz's
inappropriate conduct.
Nevertheless, based upon recent case law addressing the de minimis exception to
the definition of "conflict" or "conflict of interest," we must conclude that the private
pecuniary benefit received by Respondent in this case, specifically $300, was de minimis.
See, Bixler v. State Ethics Commission, 847 A.2d 785 (Pa. Commw. 2004). Because we
determine that the private pecuniary benefit Martz received was de minimis, we shall
accept the parties' recommendation that Martz did not violate Section 1103(a) of the Ethics
Act when he solicited business for his private excavating company from individuals
seeking township permits who needed excavation services in relation to these permits.
Finally, we note differences between the allegations, stipulated findings, and
recommendations of the Consent Agreement with respect to Statements of Financial
Interests. The allegations and stipulated findings make no mention of Respondent's
Statements of Financial Interests. The recommendations of the Consent Agreement
include a requirement that Respondent file amended Statements of Financial Interests for
unspecified calendar years. However, we agree in principle with the Consent Agreement,
and with the parties having agreed to be bound by it, we accept the Consent Agreement.
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, Martz is directed to make
payment of $1,000 to the Commonwealth of Pennsylvania through this Commission within
thirty (30) days after the date of mailing of this Order. Martz is further directed to file
amended SFIs as agreed by the parties within thirty (30) days after the date of mailing 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. Ronald Martz ( "Martz "), as a Supervisor in Salem Township ( "Township "), is a
public official subject to the provisions of the Ethics Act.
2. Martz unintentionally violated Section 1103(a) of the Ethics Act when he claimed
and received compensation for attending meetings of the Township which were held
during his regular working hours as Township Roadmaster, and when he received
compensation as Township Roadmaster for duties related to his position as an
elected Township Supervisor.
3. Martz did not violate Section 1103(a) of the Ethics Act when he solicited business
for his private excavating company from individuals seeking township permits who
needed excavation services in relation to these permits, in that the private
pecuniary benefit that he received was de minimis.
In Re: Ronald Martz
ORDER NO. 1360
File Docket: 03 -023
Date Decided: 2/28/05
Date Mailed: 3/14/05
1 Ronald Martz ( "Martz "), as a Supervisor in Salem Township ( "Township "),
unintentionally violated Section 1103(a) of the Ethics Act when he claimed and
received compensation for attending meetings of the Township which were held
during his regular working hours as Township Roadmaster, and when he received
compensation as Township Roadmaster for duties related to his position as an
elected Township Supervisor.
2. Martz did not violate Section 1103(a) of the Ethics Act when he solicited business
for his private excavating company from individuals seeking township permits who
needed excavation services in relation to these permits, in that the private
pecuniary benefit that he received was de minimis.
3. Per the Consent Agreement of the parties, Martz is directed to file amended
Statements of Financial Interests as agreed by the parties within thirty (30) days
after the date of mailing of this Order.
4. Per the Consent Agreement of the parties, Martz is directed to pay $1,000 to the
Commonwealth of Pennsylvania through this Commission within thirty (30) days
after the date of mailing of this Order.
a. Compliance with the foregoing will result in the closing of this case with no
further action by this Commission.
b. Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair