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HomeMy WebLinkAbout1371 SnyderIn Re: Roger Snyder File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Donald M. McCurdy Raquel K. Bergen Nicholas A. Colafella 05 -001 Order No. 1371 9/12/05 9/21/05 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 allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was not filed and a hearing was waived. 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 Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending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. Snyder, 05 -001 Page 2 I. ALLEGATION: Roger Snyder, a public official, in his capacity as Member and Chairman of the West Donegal Township Board of Supervisors, Lancaster County violated Section 1103(a) of the State Ethics Act (Act 9 of 1989, 65 P.S. §401 et seq.) [as codified by Act 93 of 1998, 65 Pa. C.S. § 1101, et seq.] when he used the authority of his office for private pecuniary gain by participating in actions of the Board of Supervisors to appoint himself to a paid position on the Township Authority. II. FINDINGS: 1. Roger M. Snyder has served as a member of the West Donegal Township Board of Supervisors since January 1996. a. The West Donegal Township Board of Supervisors consists of five (5) members. 2. The West Donegal Township Board of Supervisors is responsible for appointing members to the West Donegal Township Municipal Authority Board. a. The Municipal Authority Board consists of five members. 3. Compensation for members of the Municipal Authority Board was set at $90.00 per meeting for the Chairman, Secretary, and Treasurer and $50.00 per meeting for other Board Members by the Authority Board on February 13, 1992. a. This compensation was set prior to Snyder's service as a West Donegal Township Supervisor. b. This compensation was not set or approved by the Township Board of Supervisors. 4. On January 4, 2000 Snyder participated in official action taken by the West Donegal Township Board of Supervisors appointing him to a vacancy on the Municipal Authority Board. a. This action passed by a 3 -2 vote with Snyder voting yes. b. Supervisors considered Keith Murphy and Roger Snyder for the position. 5. Minutes from the West Donegal Township Board of Supervisors January 4, 2000 meeting include the following official action taken appointing Snyder to serve on the Authority Board: a. Authority Board Appointment A Tupper /Garber motion was made to appoint Roger Snyder to the Municipal Authority. A Hoover /Hilsher motion was made to appoint Keith Murphy to the Municipal Authority. A Hilsher /Hoover motion was made to close nominations. Motion carried 5- 0. There being two candidates the following vote was taken: Clair Hilsher voted for Keith Murphy Snyder, 05 -001 Page 3 Nancy Garber voted for Roger Snyder Frank Hoover voted for Keith Murphy Roger Snyder voted for Roger Snyder Charlie Tupper voted for Roger Snyder Roger Snyder was appointed to the West Donegal Township Municipal Authority by a vote of 3 -2. 6. On January 3, 2005 Snyder participated in official action of taken by the West Donegal Township Board of Supervisors reappointing him to another five (5) year term on the Municipal Authority Board. a. This action passed by a 5 -0 vote. 7 Minutes from the West Donegal Township Board of Supervisors January 3, 2005 meeting include the following official action taken reappointing Snyder to serve on the Authority Board: a. Municipal Authority (5 year term) A Tupper /Speers motion was made to reappoint Roger Snyder. Motion carried 5 -0. 8. As a member of the West Donegal Township Municipal Authority, Snyder received compensation at a rate of $50.00 per meeting. a. The compensation received by Snyder was set by the Authority Board in February 1992 (finding #3) prior to Snyder's service on the Board of Supervisors. 9. W -2 wage and tax statements on file with the Municipal Authority detail the following annual amounts paid to Snyder for his attendance at Authority Board meetings. a. 2000: $ 600 2001: $ 600 2002: $ 850 2003: $ 700 2004: $ 650 $3,400 10. Payments for meetings were made to Snyder from the authority on a quarterly basis. a. These payments were included as part of Authority bill lists. b. Authority bill lists are voted on in their entirety by a single motion. 11. Snyder routinely participated in the approval of Authority bill lists which included payment to himself on a quarterly basis. 12. On April 4, 2005 Snyder resigned his potion[sic] on the Authority Board. a. Snyder resigned based on advice from the Township Solicitor to address a possible conflict of interest created by Snyder voting to appoint and reappoint himself to the Authority Board on January 4, 2000 and January 3, 2005 respectively. 13. Following Snyder's resignation, the board of supervisors took action at the April 4, 2005 board meeting to reappoint Snyder to the Municipal Authority. Snyder, 05 -001 Page 4 a. Snyder abstained from official action taken on this reappointment. 14. Snyder filed an abstention relating to this vote with the Township Board of Supervisors on April 4, 2005 which stated the following: "I would like to clarify my abstaining on the vote for appointment to the West Donegal Authority. The position on the West Donegal Authority is a compensated position. The Ethics Act 1103(j) requires written disclosure prior to voting being taken. This memorandum is to satisfy that requirement and to serve as a public record." III. DISCUSSION: At all times relevant to this matter, Roger Snyder (Snyder), has been a public official subject to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et seq., as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegation is that Roger Snyder, as a Member and Chairman of the West Donegal Township Board of Supervisors, violated Section 1103(a) of the Ethics Act when he used the authority of his office for a private pecuniary gain by participating in actions of the Board of Supervisors to appoint himself to a paid position on the Township Authority. 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. The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows: Section 2. 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. Snyder, 05 -001 Page 5 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. Snyder has been a member of the West Donegal Township five member Board of Supervisors ( "Board ") since January of 1996. The Board is the appointing authority for the West Donegal Township Municipal Authority Board ( "Authority Board "). The compensation for Authority Board members had been set at $90.00 for the Chairman, Secretary and Treasurer and $50.00 for the other members. Although such compensation was set prior to Snyder's service on the Authority Board, the compensation was never approved by the Board. Following a vacancy on the Authority Board, Snyder participated in Board action on January 4, 2000 to appoint himself as an Authority Board member. Such action passed on a 3 -2 vote, with Snyder voting with the majority. The details of such action are set forth in the Board Minutes of January 4, 2000. See, Fact Finding 5. On January 3, 2005, Snyder participated in action to reappoint himself to another five year term on the Authority Board, which motion passed by a unanimous 5 -0 vote. Snyder's participation is set forth in the Minutes of that meeting. See, Fact Finding 7. Snyder, as an Authority Board member, received compensation at the rate of $50.00 per meeting. For the years 2000 -2004 inclusive, Snyder received total compensation of $3,400.00 for attendance at Authority Board meetings. Snyder also routinely participated in the action of the Authority Board to approve bill lists which included payments to himself. Following advice from the Township Solicitor regarding a conflict of interest as to Snyder's voting to appoint and reappoint himself to the Authority Board, Snyder resigned on April 4, 2005. Following Snyder's resignation, the Board members took action to reappoint Snyder to the Authority Board. Snyder not only abstained from official action on that reappointment but also filed a written statement which explained his abstention. 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. "3. The Investigative Division will recommend the following in relation to the above allegations: a. An unintentional violation of Section 1103(a) by casting the deciding vote to appoint himself to a compensated position on the West Donegal Township Municipal Authority Board on January 4, 2000. b. An unintentional violation of Section 1103(a) by participating in official action of the Board of Supervisors reappointing himself to the West Donegal Township Municipal Authority Board on January 3, 2005. 4. Roger M. Snyder agrees to make payment in the amount of $750.00 in settlement of this matter. Said amount to be payable to the West Donegal Township Municipal Authority and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter." Snyder, 05 -001 Page 6 Consent Agreement, ¶3, ¶4. In applying the provisions of Section 1103(a) of the Ethics Act to the above allegation, the actions of Snyder in participating in the vote to appoint and reappoint himself to the compensated position on the Authority Board constituted uses of authority of office. But for the fact that Snyder was a supervisor, he would not have been in a position to cast the deciding vote as to his initial appointment and to vote for his subsequent reappointment. Such actions were uses of authority of office. See, Juliante, Order 809. Such uses of authority of office resulted in a pecuniary benefit consisting of the compensation that Snyder received as an Authority Board member. The pecuniary benefit was private because there is no provision in law which allows Snyder to participate as a Township Supervisor in his own appointment to the Authority Board. Lastly, the private pecuniary benefit inured to Snyder himself. Accordingly, Snyder unintentionally violated Section 1103(a) when he cast the deciding vote to appoint himself to the compensated position on the Authority Board on January 4, 2000. In addition, Snyder unintentionally violated Section 1103(a) by participating in the action of the Board to reappoint himself to the Authority Board on January 3, 2005. See, Koslow Order, 458 -R; Zynel, Order 625. 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, Snyder is directed to make payment in the amount of $750.00 in settlement of this matter. Said amount is to be made payable to the West Donegal Township Municipal Authority and is to be forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. 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. Roger Snyder ( "Snyder "), as Member and Chairman of the West Donegal Township Board of Supervisors, is a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Snyder unintentionally violated Section 1103(a) by casting the deciding vote to appoint himself to a compensated position on the West Donegal Township Municipal Authority Board on January 4, 2000. 3. Snyder unintentionally violated Section 1103(a) by participating in official action of the Board of Supervisors to reappoint himself to the West Donegal Township Municipal Authority Board on January 3, 2005. In Re: Roger Snyder File Docket: 05 -001 Date Decided: 9/12/05 Date Mailed: 9/21/05 ORDER NO. 1371 1. Roger Snyder ( "Snyder "), as Member and Chairman of the West Donegal Township Board of Supervisors, unintentionally violated Section 1103(a) by casting the deciding vote to appoint himself to a compensated position on the West Donegal Township Municipal Authority Board on January 4, 2000. 2. Snyder unintentionally violated Section 1103(a) by participating in official action of the Board of Supervisors to reappoint himself to the West Donegal Township Municipal Authority Board on January 3, 2005. 3. Per the Consent Agreement of the parties, Snyder is directed to make payment in the amount of $750.00 payable to the West Donegal Township Municipal Authority and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 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