Loading...
HomeMy WebLinkAbout1853 SlezakPHONE.: 717-783-1610 TOLL FREE: 1-800-932-0936 In Re: David Slezak, Respondent STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 File Docket: Order No. Date Decided. Date Mailed: 24-0091-C 1853 4/16/26 4/23/26 Before: Michael A. Schwartz, Chair David L. Reddecliff, Vice Chair Paul E. Parsells Robert P. Caruso Ennilia McKee Vassallo This is a final adjudication of the State Ethics Commission. FACSIMILE: 717-787-0806 WESS[TE: www.ethics.pa.gov Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sec ., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." A Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to the Commission for consideration. The Findings in this Order are derived from the parties' Stipulation of Findings. The Consent Agreement has been approved. I. ALLEGATIONS: That David Slezak, a public official as a Supervisor for Pittston Township ("Township"), Luzern County, Pennsylvania, violated Sections 1103(a), 1105(b)(1), and 1105(b)(5) of the Ethics Act: (1) When he used the authority of his office to instruct Township employees to do work on his private property, using Township equipment and materials; (2) When he used the authority of his office to submit timecards and receive pay for hours lie did not work and to receive employee pay for time when he was performing Supervisor duties; and (3) When he filed delinquent/deficient Statements of Financial Interests for the years 2021 and 2022 by failing to report all direct/indirect sources of income and failing to adequately report his status and current positions of public office and public employment. Slezak, 24-0091-C Page 2 IL FINDINGS: 1. David Slezak ("Slezak") has served as a Member of the Pittston Township ("Township") Board of Supervisors ("Board") since January 2, 2018. a. The Board consists of three elected Members. b. Slezak was annually appointed as Board Chair and Roadmaster since January 4, 2021. 1. Slezak was employed by the Township as a driver/laborer prior to becoming a Supervisor and was annually appointed Roadmaster since then. 2. All three Members of the Board are employed by the Township. a. They are annually appointed to positions that include Public Safety Officer (EMS Director), MS-4 Coordinator (Administrative Assistant), and Roadmaster. b. Salaries for these positions are annually approved by the Township Board of Auditors. C. The Supervisors do not receive any compensation for serving in the position of Supervisor but are eligible to receive the same benefits provided to other full-time Township employees. THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT SLEZAK USED THE AUTHORITY OF HIS OFFICE TO INSTRUCT TOWNSHIP EMPLOYEES TO PERFORM WORK ON HIS PRIVATE PROPERTY USING TOWNSHIP EQUIPMENT AND MATERIALS. 3. In his capacity as Roadmaster, Slezak oversees and supervises the day-to-day operations of the Township Public Works Department ("Public Works Department'). a. The Public Works Department consists of five fiill-time employees, including Slezak. 4. The normal hours of the Public Works Department are 8:00 a.m, to 4:00 p.m. a. Employee timecards report start and end times using a time clock. b. The exception to this general practice is Slezak's timecards. 1. Slezak's timecards have been manually filled out at his direction by Road Foreman Matthew Chesniak ("Chesniak"). 2. This practice is not consistent with provisions of the Township's employee handbook which states in part: "employees may not ask another employee Slezak,24-0091-C Page 3 to clock iir/out for them without written authorization from their immediate supervisor or Township Officials. If any employee is found clocking in/out for another employee both will be subject to disciplinary action up to and including termination of employment." c. Employees do not record the individual duties they perform on a daily basis. d. Daily work for the Public Works Department staff is assigned by Roadmaster Slezak. I . Foreman Chesniak also assigns duties at Slezak's direction. 5. The Township has a Public Works building that is used for the storage and general care and maintenance of Township materials and equipment. a. The Township does not have any written policy on the use of Public Works facilities for personal purposes. 1. It is generally understood that the Public Works facilities are to be used exclusively for Township business. 6. Slezak has owned a home and resided at an address Iocated in the Township since approximately August 2010. a. This property includes a single-family home, garage, and acreage. b. This property is serviced by an onsite septic system. 1. The Township does not have any ordinances or regulations requiring homeowners with onsite septic systems to have them periodically serviced. 7. Since 2021, Slezak has directed subordinate employees to perform work of a personal nature, on Township time, at his residence and at the Township's Public Works facilities. a. This work was done without authorization from the Board. b. Slezak did not make any reimbursement to the Township for the value of the Township materials used personally or the employees' time spent performing work of a personal nature on Township time. SEPTIC TANK 8. From around 2022 through 2024, Slezak routinely directed Chesniak to pump out Slezak's septic tank on Township time. a. Slezak would contact Chesniak either telephonically or in -person to initiate the service. SIczak, 24-0091-C Page 4 1. Chesniak is not a licensed septic hauler. b. Chesniak would pump the raw sewage onto a portion of Slezak's property using equipment provided by Slezak. C. Chesniak pumped Slezak's tank approximately two or more times each year between 2022 and 2024, specifically after rain or snow events. 1. Exact records were not maintained documenting how many times Chesniak serviced Slezak's septic tank on Township time. d. Each pump out would take approximately one hour. e. Chesniak did not clock out from the Township to service Slezak's septic tank. 9. Slezak did not compensate Chesniak for performing this work. 10. Slezak realized an approximate private pecuniary benefit of $520.00, based on approximately one pump out every two months between 2022 and 2024. 11. Slezak did not reimburse the Township for the value of the time Chesniak spent performing this work while on Township time. GARAGE FRAMING AND WALL CONSTRUCTION 12. Sometime during 2 02 1, Slezak directed Chesniak to frame/construct walls in the garage at Slezak's residence. a. Chesniak spent approximately eight hours performing this personal work for Slezak on Township tirne. b. Slezak provided all materials needed for the project. C. In 2021, Chesniak's hourly rate at the Township was $22.94. d. Slezak realized an approximate private pecuniary benefit of $183.52 based on eight hours of wages for Chesniak at $22.94 per hour. 13. Slezak did not reimburse the Township for the value of the time Chesniak spent performing this work while on Township time. HOUSE PAINTING 14. In 2022, at Slezak's direction, Chesniak, Dan Sullivan ("Sullivan") (an employee of the Public Works Department), and Slezak spent approximately sixteen hours painting the first floor of Slezak's house on Township time. Slezak, 24-0091-C Page 5 a. Slezak supplied the paint and materials needed for this work. b, In 2022, Chesniak's hourly rate at the Township was $26.00, Sullivan's was $20.00, and Slezak's was $32.56. C. Slezak realized an approximate private pecuniary benefit of $1,256.96 calculated as follows: Chesniak - 16 hours at $26.00 per hour = $416.00 Sullivan - 16 hours at $20.00 per hour = $320.00 Slezak - 16 hours at $32.56 per hour = $520,96 Total for painting SIezak's house = $1,256.96 15. Slezak did not reimburse the Township for the value of the time he and other Township employees spent painting Slezak's house on Township time. CEILING TANS 16, In 2022, at Slezak's direction, Chesniak and Richard Chesniak ("R. Chesniak") (an employee of the Public Works Department) each spent four hours installing two ceiling fans in Slezak's garage while on Township time. a. Slezak provided the ceiling fans and other materials needed for the project. b. In 2022, Chesniak's hourly rate at the Township was $26.00 and R. Chesniak's was $20,00. C. Slezak realized an approximate private pecuniary benefit of $184.00 calculated as follows: Chesniak - 4 hours at $26.00 per hour = $104.00 R. Chesniak - 4 hours at $20.00 per hour = $80.00 Total for installing ceiling fans at Slezak's Douse = $184.00 17. Slezak did not reimburse the Township for the value of the time employees spent installing ceiling fans at Slezak's house while on Township time. CARPET REMOVAL AND TILE INSTALLATION 18. In approximately September 2022, at Slezak's direction, Chesniak and Slezak each spent approximately thirty hours removing old carpet, preparing the subfloor, and installing the at Slezak's residence while on Township time. Slezak purchased all the materials needed for this project and arranged for the disposal of the debris at his cost. Slezak, 24-0091-C Page 6 b. In 2022, Chesniak's hourly rate at the Township was $26.00 and Slezak's was $32.56. C. Slezak realized an approximate private pecuniary benefit of $1,756.80 calculated as follows: Chesniak - 30 hours at $26.00 per hour = $780.00 Slezak - 30 hours at $32.56 per hour = $976.80 Total for flooring work at Slezak's House = $1,756.80 19. Slezak did not reimburse the Township for the value of the time he and Chesniak spent performing carpet removal and tile installation at Slezak's residence while on Township time. GARAGE PAINTING 20, During 2023, at Slezak's direction, Chesniak and Slezak painted Slezak's garage while on Township time. a. Slezak provided the paint used for the garage painting. 21. Chesniak spent approximately seven hours painting Slezak's garage on Township time. a. Slezak was present for approximately three of these hours. 1. Slezak was supposed to be working for the Township during those three hours. b. In 2023, Chesniak's hourly rate at the Township was $26.91 and Slezak's was $33,70, C. Slezak realized an approximate private pecuniary benefit of $289.40 calculated as follows: Chesniak - 7 hours at $26.91 per hour = $188.37 Slezak - 3 hours at $33.70 per hour = $101.10 Total for painting Slezak's garage = $289.40 22. Slezak did not reimburse the Township for the value of the time he and Chesniak spent painting Slezak's garage while on Township time. TRUCK DOOR REFINISHING 23. From ,tune 14 through June 30, 2023, at Slezak's direction, Chesniak, R. Chesniak and Sullivan each spent fifteen hours sanding, prepping, and painting a door for Slezak's truck while on Township time. Slezak, 24-0091-C Page 7 a. Slezak owns a 1999 Ford Ranger pickup truck, registered through July 2026. b. The Township Public Works garage, which is a part of the Public Works facilities, was used to perform the repairs. c. In 2023, Chesniak's hourly rate at the Township was $26.91 and both R. Chesniak's and Sullivan's hourly rate was $20.70. 1. Slezak realized an approximate private pecuniary benefit of $1,024.65 as follows: Chesniak - 15 hours at $26.91 per hour = $403.65 R. Chesniak - 15 hours at $20.70 per hour = $310.50 Sullivan - 15 hours at $20.70 per Hour = $310.50 Total for work on Slezak's trunk door = $1,024.65 24. Between June 14, 2023, and June 30, 2023, Township employees made purchases of materials needed for the work on Slezak's truck door, including paint, solvents, and prep materials which were placed on the Township account at Petro Ace Hardware. a. These purchases were made at Slezak's direction. b. Township employees are not permitted to make personal purchases using Township accounts. 25. Township records include three invoices detailed in the following chart which list material purchases totaling $323.33 which were used to repair Slezak's truck door. a. The Township was not charged Pennsylvania State Sales Tax on the transactions. b. Slezak received a total private pecuniary benefit of $342.73 when a 6% Pennsylvania State Sales Tax of$19,40 is added to the $323.33 in purchases. Date Invoice # Items Cost Signed 06/14/23 PO # 6-14-23 6 Turbo Black Spray Paint $89.94 Rich Chesniak 2 Primer Sealer $19.18 4 Primer 2 in l $38.36 4 Universal Satin Black $51.96 1 Air Blow Gun $12.99 1 1/4" MNPT Air Plug $2.99 $215.42 06/22/23 PO # 6-22-23 1 Painters Tape $11.99 Rich Chesniak I Gallon Isopropyl Alcohol $23.99 2 Self Etching Primer $19.18 Slezak, 24-0091-C Page 8 $55.16 06/30/23 PO # 063023 1 qt acetone $11.99 Matt Chesniak 1 Gallon Paint Thinner $11.99 3 Primer 2 in 1 $28.77 $52.75 Total Cost of Items pre- tax $323.33 Total Cost of Items including 6% sales tax $342.73 26. Slezak did not reimburse the Township for the value of the time Township employees spent refinishing and repairing his truck door while being paid by the Township or for the materials purchased to repair his truck door. BACKHOE REPAIRS 27. During February 2024, at Slezak's direction, Chesniak, Public Works Department cmployee Tom Urbanski ("Urbanski"), and Slezak performed a total of seven hours of work on Slezak's privately -owned backhoe at the Public Works garage while on Township time. a. Township employees used a Township -owned welder and two cutting blades from Township stock to complete the repairs. b. Chesniak and Urbanski each spent a minimum of three hours working on Slezak's backhoe while on Township time. C. Slezak spent one hour working on his own backhoe while on Township time. d. In 2024, Chesniak's hourly rate at the Township was $30.00, Urbanski's was $21.42, and Slezak's was $34,88. 28. Township records include an invoice number 109689, dated October 11, 2023, from Powell's Sales & Service, 740 Justus Boulevard, Scott Township, PA 18411, which included charges for plow cutting edges. a. Employees identified the cutting edges listed on the invoice as the same type they took from Township stock and used on Slezak's backhoe. b. The invoice included charges for two different cutting edge kits and/or edges. 1. The charges were $207.00 for an 8.0' cutting edge kit and $245.00 for a 120-inch Western cutting edge. C. It is not known which size was taken from the Township supply and used for Slezak's backhoe. Slezak, 24-0091-C Page 9 29. Slezak realized an additional private pecuniary benefit of approximately $202.00 for the use of the Public Works garage and its welder in relation to the work being completed on his personal backhoe. a. An online quote for a IOx20 storage -unit was obtained from We -Store, 110 West Saint Mary's Road, Wilkes-Barre, PA 19706. 1. This size was quoted to account for the approximate size of a storage unit that would have been needed to work on a backhoe. 2. Units of this size are rented on a monthly basis at a current rate of $129.00, 3. At least 2.5 weeks was used to repair Slezak's door with an additional 12 hours spent welding his backhoe. aa. Storage facilities are rented on a monthly basis. b. A separate quote for a 115 volt M1G welder rental was obtained from Sunbelt Rentals #499, 735 Wilkes-Barre Township Boulevard, Wilkes-Barre, PA 18702. 1. The online quote rate was $73.00 per day. 30. Slezak realized an approximate private pecuniary benefit of $817.12 as follows: Chesniak --- 3 hours at $30.00 per hour = $90.00 Urban -ski - 3 hours at $21.42 per hour = $64.26 Slezak -1 hours at $34.88 per hour = $34.88 2 Township owned cutting blades at $207.00 plus 6% sales tax = $439.84 Rental of a 10x20 storage unit = $129.00 Welder rental = $73.00 Total for work on Slezak's backhoe = $829.98 31. Slezak did not reimburse the Township for the cost of the materials or for the work performed on Township time. 32. Slezak realized a total private pecuniary benefit of at least $6,388.04 as the result of his use of Township time, employees, and materials for his personal benefit as follows: Septic tank $520.00 Garage framing and wall construction $183.52 House painting $1256.96 Ceiling fan installation $194.00 Carpet removal and tile installation $1,756.80 Garage painting $289.40 Truck door refinishing $1367.38 Slezak, 24-0091-C Page 10 Backhoe repairs $829.98 Total private pecuniary bencrit $ 6,388.04 THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT SLEZAK USED THE AUTHORITY OF HIS OFFICE TO SUBMIT TIMECARDS AND RECEIVE PAY FOR HOURS HE DID NOT WORK AND TO RECEIVE EMPLOYEE PAY FOR TIME WHEN HE WAS PERFORMING SUPERVISOR DUTIES. 33. The Township typically holds one to two special or executive session meetings each month to discuss personnel matters and other topics not normally discussed during a public meeting. a. The purpose of the meetings is to discuss Township matters that come up between the Board's regularly scheduled monthly meetings. b. These special/executive session meetings are arranged by either the Supervisors or the Township's administration, as needed, C. Minutes are typically not taken for these special/executive session meetings. 1. Dates that these special/executive session meetings were held were sporadically recorded in Board meeting minutes. 2. Attendees and start and end times are not typically recorded. d. These meetings typically last one to two ]lours and are held during the Township's normal business hours. e. Beginning in approximately August of 2024, Supervisor Deborah Taroli began maintaining her own personal log detailing when these meetings were held and who attended. 34. Slezak regularly attended these special/executive session meetings while simultaneously being compensated as the Roadmaster. a. Slezak did not clock out from his position as Roadmaster to attend these meetings. 35. Available Township records were searched to identify when these meetings occurred and any information on the topics discussed. 36. This review determined that special/executive session meetings were held at least on the following dates from January 14, 2021, to June 9, 2024, with limited information on time, topic, and attendance: 01/14/21: Work Session 04/27/22: 10:00 a.m. Present, Independence Drive, Phase 11, No end time recorded Slezak, 24-0091-C Page 11 05/23/22: 10:00 a.m. Present, Labor Attorney appointment, No end time recorded 05/23/23: 10:00 a.m. Present, Special meeting, Line of Credit, No end time recorded 12/06/23 : 10:00 a.m., Present, Special Meeting, Hiring Zoning Officer & Business Manager 03/29/24: Executive Session with Sewer Board re: infrastructure, No time or attendees listed 05/01/24: Litigation & Personnel, No time or attendees listed 05/16/24: Litigation & Personnel, No time or attendees listed 06/24/24: Executive Session, Personnel & Zoning, No time or attendees listed 06/28/24: Executive Session, Personnel & Zoning, No time or attendees listed 07/02/24: Executive Session, Personnel & Zoning, No time or attendees listed 07/11/24: Executive Session, Personnel & Zoning, No time or attendees listed 07/23/24: Executive Session, Personnel & Contracts, No time or attendees listed 09/21/24: Executive Session, Personnel & Contracts, No time or attendees listed 08/27/24: Executive Session, Personnel & Contracts, No time or attendees listed 05/28/25: 10:30 a.m., Objective; Tennis Court Bid 06/03/25: 11:00 a.m., Objective; Elm Street Update 06/03/25: 11:30 a.m., Objective; Police Hours 06/05/25: 10:00 a.m., Objective; Parnell Street Easement 06/10/25: 10:00 a.m., Objective; Interviews Code Enforcement 06/23/25: 10:00 a.m., Objective; Full-time/Part-time Hours 06/26/25: 11:30 a.m., Objective; Not Listed, Baker Chapel Road Project Meeting 06/30/25: 10:00 a.m., Objective; Police Personnel Issues 07/14/25: 10:00 a.m., Objective; Resident Issues, Fire Department Interviews last interview at 12:00. 2.5 hour meeting) 07/14/25: 10:00 a.m., Objective; Fire Department Interviews 10:00 a.m., 10:30 a.m, and 1:30 p.m. 1.5 hours 07/22/25: 10:00 a.m., Objective, Grant Chapel Road 07/24/25: 1:30 .m., Objective Wm. Street Update, Waiting for UGI to replace gas lines 07/29/25: 11:30 a.m., Objective, Parnell Street Storrnwater update 07/31/25: 10:00 a.m., Objective, New Truck, DCED Reimbursement for new truck 08/12/25: 11:30 a.m., Objective; Repave, Stormwater Issues 09/04/25: 9:00 a.m., Objective; Update oil Bee Problem Oriole Park 09/17/25: 12:30 p.m. - 1:30 .m.; Objective, nett new police candidates & health insurance 37. Slezak realized a private pecuniary benefit of at least $1,591.48 for attending special/executive session meetings of the Board while simultaneously being compensated as Roadmaster. 38. The following chart details all known meeting dates which Slezak did not utilize any recorded leave to attend. Slezak's Roadmaster Meeting Total Slezak's documented pay for attending Meeting Meeting End Estimated Roadmaster working special/executive Date Start Time Time Hours hours session meeting 01/14/21 Unknown Unknown 1.0 7:55-3:54 $31.46 Slezak, 24-0091-C Page 12 04/27/22 10:00 a.m. Unknown 1.0 8:00-4:00 $32.56 05/23/22 10:00 a.m. Unknown 1.0 8:00-10:00 $32.56 12/06/23 10:00 a.m. Unknown 1.0 8:00-4:00 $33.70 05/01/24 Unknown Unknown 1.0 8:00-4:00 $34.88 05/16/24 Unknown Unknown 1.0 8:00-4:00 $34.88 06/28/24 Unknown Unknown 1.0 8:00-4:00 $34.88 07/02/24 Unknown Unknown 1.0 8:00-4:00 $34.88 07/11/24 Unknown Unknown 1.0 8:00-4:00 $34.88 07/23/24 Unknown Unknown 1.0 8:00-4:00 $34.88 08/21/24 Unknown Unknown 1.0 8:00-4:00 $34.88 08/27/24 Unknown Unknown 1.0 8:00-4:00 $34,88 09/28/24 1:00 p.m. Unknown 1.0 8:00-4:00 $34.88 09/06/24 11:00 a.m. Unknown 1.0 8:00-4:00 $34.88 09/24/24 1:00 p.m. Unknown 1.0 8:00-4:00 $34.88 10/02/24 1:00 P.M. Unknown 1.0 8:00-4:00 $34.88 10/04/24 11:00 a.m. Unknown 1.0 8:00-4:00 $34.88 10/04/24 12:00 p.m. Unknown 1.0 8:00-4:00 $34.88 10/23/24 10:00 a,m. Unknown 1.0 8:00-4:00 $34.88 11/12/24 Unknown Unknown 1.0 8:00-4:00 $34.88 12/04/24 10:00 a.m. Unknown 1.0 8:00-4:00 $34.88 12/04/24 11:30 a.m. Unknown 1.0 8:00-4:00 $34.88 01/02/25 10:30 a.m. Unknown 1.0 8:00-4:00 $37.88 03/05/25 10:00 a.m. Unknown 1.0 8:00-4:00 $37.88 03/05/25 11:00 a.m. Unknown 1.0 8:00-4:00 $37.88 03/14/25 1:00 p.m. Unknown 1.0 8:00-4:00 $37.88 04/01/25 11:00 a.m. Unknown 1.0 8:00-4:00 $37.88 04/02/25 2:00 p,m. Unknown 1.0 8:00-4:00 $37.88 04/15/25 10:00 a.m. Unknown 1.0 8:00-4:00 $37.88 04/24/25 11:00 a.m. Unknown 1.0 8:00-4:00 $37.88 05/19/25 10:00 a.m. Unknown 1.0 8:00-4:00 $37.88 05/21/25 10:00 a.m. Unknown 1.0 8:00-4:00 $37.88 05/21/25 11:00 a.m. Unknown 1.0 8:00-4:00 $37.88 06/23/25 10:00 a.m. Unknown 1.0 8:00-4:00 $37.88 06/26/25 11:30 a.m. Unknown 1.0 8:00-4:00 $37.88 07/14/25 10:00 asn. 12:30 m 2.5 8:00-4:00 $94.70 07/17/25 10:00 a.m. 1:30 m 1.5 8:00-4:00 $56.82 07/24/25 1:30 p.m. Unknown 1.0 8:00-4:00 $37.88 07/29/25 11:30 a.m. Unknown 1.0 8:00-4:00 $37.88 07/31/25 10:00 a.m. Unknown 1.0 8:00-4:00 $37.88 Slezak, 24-0091-C Page 13 08/12/25 11:30 a.m. Unknown 1.0 8:00-4:00 $37.88 09/04/25 9:00 a.nn. Unknown I.0 8:00-4:00 $37.88 Total Roadmaster compensation for attending special/executive session meeting $1,591.48 THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT SLEZAK FILED DELINQUENT/DEFICIENT STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS 2021 AND 2022 BY FAILING TO REPORT ALL DIRECT/INDIRECT SOURCES OF INCOME AND FAILING TO ADEQUATELY REPORT HIS STATUS AND CURRENT POSITIONS OF PUBLIC OFFICE AND PUBLIC EMPLOYMENT. 39. As a Supervisor, Slezak is required to file a Statement of Financial Interests ("SFI") by May I` each year for the prior calendar year. a. The Township's administrative staff annually provided Slezak with a blank SFI for him to complete. b. The SFI includes filing instructions and the State Ethics Commission's toll -free phone number for any filing questions. 40. Township records include SFIs filed by Slezak for the 2020 through 2024 calendar years. 41. Slezak failed to report all direct/indirect sources of income on his SFIs for calendar years 2021 and 2022. a. Slezak failed to report direct/indirect income he received in excess of $1,300 from the Township on both filings. 1. Slezak received gross wages of $88,407.80 from the Township during 2021. 2. Slezak received gross wages of $85,748.68 from the Township during 2022. 42. Slezak failed to list his status on his SFIs for calendar years 2021 and 2022. a. Slezak was a current public official (Supervisor) dining calendar years 2021 and 2022. 43. Slezak failed to list his public office or public employment on his SFIs for calendar years 2021 and 2022. a. Slezak was a Member of the Board during 2021 and 2022. Slezak, 24-0091-C Page 14 44. Slezak used his office to obtain a total private pecuniary benefit of at least $7,979.52, including $6,388.04 for work performed by Township employees on his private property using Township equipment and materials and $1,591.48 in employee pay for time when he was performing Supervisor duties. III. DISCUSSION: As a Supervisor for Pittson Township ("Township"), Luzern County, Pennsylvania, since January 2, 2018, David Slezak ("Slezak") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et an. The allegations in this matter are that Slezak violated Sections 1103(a), 1105(b)(1), and 1105(b)(5) of the Ethics Act: (1) When he used the authority of his office to instruct Township employees to do work on his private property, using Township equipment and materials; (2) When lie used the authority of his office to submit timecards and receive pay for hours he did not work and to receive employee pay for tune when he was performing Supervisor duties; and (3) When he filed delinquent/deficient Statements of Financial Interests ("SFIs") for the years 2021 and 2022 by failing to report all direct/indirect sources of income and failing to adequately report his status and current positions of public office and public employment. Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a) Conflict of interest. --No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The following terms relevant to Section 1103(a) are defined in the Ethics Act as follows: § 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. Slezak, 24-0091-C Page 15 The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Authority of office or employment." The actual power provided by law, the exercise of which is necessary to the performance of duties and responsibilities unique to a particular 65 Pa.C.S. § 1102. Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or "conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from using the authority of public office/employment or confidential information received by holding such a public position for the private pecuniary (financial) 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 1 I05(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form must provide. Section 1105(b)(1) of the Ethics Act requires the filer to disclose on the SFI his name, address, and public position. Subject to certain statutory exceptions, Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the SM the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. As noted above, the parties submitted a Stipulation of Findings with their Consent Agreement. The Findings of this Commission set forth above are derived from the parties' Stipulation of Findings. We shall now summarize the relevant facts in this matter. Slezak began serving as a Township Supervisor ("Supervisor") on January 2, 2019. The Township Board of Supervisors ("Board") consists of three Members. Since January 4, 2021, Slezak has annually been appointed as the Township Roadmaster ("Roadmaster"). In his capacity as the Roadmaster, Slezak oversees and supervises the day-to- day operations of the Township Public Works Department ("Public Works Department"), which consists of Slezak and four other full-time Township employees. The normal work hours of Public Works Department employees are 8:00 a.m. to 4:00 p.m. Daily work for Public Works Department ernnployees is assigned by either Slezak or Road Foreman Matthew Chesniak ("Chesniak") at Slezak's direction. Slezak owns a property in the Township that includes his house, a garage, and acreage. Slezak, 24-0091-C Page 16 Slezak also owns a pickup truck and a backhoe. From 2021 through 2024, Slezak directed Public Works Department employees to perform work at his personal residence and on his pickup truck and backhoe during Township work hours. As detailed below, Slezak realized a total private pecuniary benefit of at least $6,388.04 as a result of his use of Township time, employees, and materials for his personal benefit. Sometime during 2021, Chesniak spent approximately eight hours framing and constructing walls in the garage at Slezak's property. In 2022, Slezak, Chesniak, and Public Works Department employee Dan Sullivan ("Sullivan") each spent approximately sixteen hours painting the first floor of Slezak's house. Additionally in 2022, Chesniak and Public Works Department employee Richard Chesniak ("R. Chesniak") each spent four hours installing two ceiling fans in Slezak's garage. Also in 2022, Slezak and Chesniak each spent approximately thirty hours removing old carpet, preparing the subfloor, and installing tile at Slezak's house. In 2023, Chesniak spent approximately seven hours and Slezak spent approximately three hours painting the garage at Slezak's property. Between 2022 and 2024, Chesniak pumped out the septic tank at Slezak's property approximately once every two months. Based upon the hourly pay rates for Slezak and the other Public Works Department employees during the years that the work was performed at Slezak's property, the value of the Township time spent in the performance of the work was approximately: (1) $183.52 for the framing and construction of walls in the garage; (2) $1,256.96 for the house painting; (3) $184.00 for the ceiling fan installation; (4) $1,756.80 for the carpet removal and tile installation; (5) $289.40 for the garage painting; and (6) $520.00 for the pumping out of the septic tank. Slezak supplied all of the materials and equipment used to complete the work. In addition to directing Public Works Department employees to do work at his property, Slezak directed Public Works Department employees to repair his pickup truck and backhoe at the Township Public Works garage during Township work hours. From June 14, 2023, through June 30, 2023, Chesniak, R. Chesniak, and Sullivan each spent fifteen hours sanding, prepping, and painting a door for Slezak's pickup truck. At Slezak's direction, the materials needed for the door work were purchased through the Township's account at a hardware store. During 2024, Chesniak, Public Works Department employee Tom Urbanski, and Slezak spent a total of seven hours repairing Slezak's backhoe. A Township -owned welder and two cutting blades from Township stock were used to complete the repairs. The parties have stipulated that the value of the Township time spent in the performance of the repair work on Slezak's pickup truck was approximately $1,024.65 and that the materials used for those repairs would have cost Slezak $342,73. The parties have fiirther stipulated that the value of the repair work performed on Slezak's backhoe totaled approximately $829.98. From January 14, 2021, to June 9, 2024, Slezak regularly attended special meetings and executive sessions held by the Board each month to discuss matters that came up between the Board's regularly scheduled monthly meetings. The meetings typically lasted one to two hours and were held during normal Township work hours. Slezak did not clock out from his position as Roadmaster to attend the meetings, and he received at least $1,591.48 in Roadmaster compensation for time spent attending the meetings. Slezak, 24-0091-C Page 17 As a Supervisor, Slezak is annually required to file an SFI by May I containing information for the prior calendar year. Slezak filed deficient SFIs for calendar years 2021 and 2022 when he failed to; (1) list his status as a current public official; (2) list his public office as a Member of the Board; and (3) disclose the Township as a direct/indirect source of income in excess of $1,300. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Slezak used the authority of his office to direct Township employees to perform work on his private property, while being compensated by the Township and using Township equipment and materials and when he received compensation from the Township for performing Roadmaster duties [when he instead was attending to Supervisor duties]; and b. That a violation of Section 1105(b) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1105(b), occurred when Slezak failed to accurately file Statements of Financial Interests for calendar years 2021 and 2022 by failing to report all direct/indirect sources of income and failing to adequately report his status and current positions of public office and public employment. 4. Slezak agrees to make payment in the amount of $6,888.04 in settlement of this matter payable to Pittston Township, and forwarded to the Pennsylvania State Ethics Commission, within thirty (3 0) days of the issuance of the final adjudication in this matter. 5. Slezak agrees to file complete and accurate amended Statements of Financial Interests with Pittston Township, through the Pennsylvania State Ethics Commission, for calendar years 2021 and 2022 within thirty (30) days of the issuance of the final adjudication in this matter. 6. Slezak agrees to not accept any reimbursement, compensation or other payment from Pittston Township representing a full or partial reimbursement of the amount paid in settlement of this matter. Slezak, 24-009 1 -C Page 18 7. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Slezak's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. a. Slezak has been advised that as a matter of course, all orders from the Commission are provided to the Attorney General, albeit without any specific recommendations pursuant to Paragraph 7 above. b. Slezak has been advised that all orders become public records and may be acted upon by law enforcement as they deem appropriate. The non -referral language contained in this paragraph is considered an essential part of the negotiated Consent Agreement. Consent Agreement, at 1-2. In considering the Consent Agreement, we accept the parties' recommendation for a finding that a violation of Section 1103(a) of the Ethics Act occurred in this matter. Slezak's various uses of the authority of his position as a Supervisor for the private pecuniary benefit of himself are detailed in the Stipulated Findings and the above summary of facts. But for being a Supervisor, Slezak would not have been able to use Township employees, equipment, and materials to: (1) frame and construct walls in the garage at his property; (2) paint the first floor of his house; (3) install two ceiling fans in his house; (4) remove carpet and install tile at his house; (5) paint the garage at his property; (6) pump the septic tank at his property; (7) repair a door of his pickup truck; and (8) repair his backhoe. Slezak further would not have been able to claim his Roadmaster compensation for hours that he spent attending meetings in his capacity as a Supervisor. The parties have stipulated that Slezak realized a private pecuniary benefit totaling at least $7,979.52 as a result of his various uses of the authority of his position as a Supervisor. With each element of a conflict of interest established, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Slezak used the authority of his office to direct Township employees to perform work on his private property while being compensated by the Township and using Township equipment and materials and when he received compensation from the Township for performing Roadmaster duties when he instead was attending to Supervisor duties. We agree with the parties, and we hold, that a violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred when Slezak failed to accurately file SFIs for calendar years 2021 and 2022 by failing to report all direct/indirect sources of income and failing to adequately report his status and current positions of public office and public employment. SIezak, 24-0091-C Page 19 As part of the Consent Agreement, Slezak has agreed to make payment in the amount of $6,888.04 payable to Pittston Township and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Slezak has further agreed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. SIezak has additionally agreed to file complete and accurate amended SFIs for calendar years 2021 and 2022 with the Township, through this Commission, within thirty (30) days of the issuance of the final adjudication in this matter. We determine that the Consent Agreement submitted by the parties sets forth a proper disposition of this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. IV. CONCLUSIONS OF LAW: As a Supervisor for Pittson Township ("Township"), LUzerne County, Pennsylvania, since January 2, 2018, David Slezak ("Slezak") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sec . 2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Slezak used the authority of his office to direct Township employees to perform work on his private property while being compensated by the Township and using Township equipment and materials and when he received compensation from the Township for performing Roadmaster duties when he instead was attending to Supervisor duties. 3. A violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred when Slezak failed to accurately file Statements of Financial Interests for calendar years 2021 and 2022 by failing to report all direct/indirect sources of income and failing to adequately report his status and current positions of public office and public employment. In Re: David Slezak, File Docket: 24-0091-C Respondent Date Decided: 4/16/26 Date Mailed: 4/23/26 ORDER NO. 1853 A violation of Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), occurred when David Slezak ("Slezak"), as a Supervisor for Pittston Township ("Township"), Luzerne County, Pennsylvania, used the authority of his office to direct Township employees to perform work on his private property while being compensated by the Township and using Township equipment and materials and when he received compensation from the Township for performing Roadmaster duties when he instead was attending to Supervisor duties. 2. A violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred when Slezak failed to accurately file Statements of Financial Interests for calendar years 2021 and 2022 by failing to report all direct/indirect sources of income and failing to adequately report his status and current positions of public office and public employment. 3. Per the Consent Agreement of the parties, Slezak is directed to make payment in the amount of $6,888.04 payable to Pittston Township and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30111) day after the mailing date of this Order. 4. Slezak is directed to not accept any reimbursement, compensation or other payment from the Township representing a frill or partial reimbursement of the amount paid in settlement of this matter. 5. To the extent he has not already done so, Slezak is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2021 and 2022 with the Township, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30'h) day after the mailing date of this Order. 6. Compliance with paragraphs 3, 4, and 5 of this Order will result in the closing of this case with no further action by this Commission. a. Non-compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Michael A. Schwartz, Chair