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HomeMy WebLinkAbout1389 GloverIn Re: Thomas Glover File Docket: 04 -058 X -ref: Order No. 1389 Date Decided: 2/23/06 Date Mailed: 3/13/06 Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Donald M. McCurdy Paul M. Henry Raquel K. Bergen Nicholas A. Colafella 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 ( "Ethics Act "), 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 not timely 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. This adjudication of the State Ethics Commission is issued under the Ethics Act 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 the Ethics Act. 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. Glover, 04 -058 Page 2 ALLEGATION: That Thomas Glover, a public official /public employee, in his capacity as Supervisor of Portage Township, Potter County, violated Sections 1103(a) and 1103(f) provisions of the State Ethics Act (Act 93 of 1998) 65 Pa.C.S. § §1103(a) and 1103(f) when he used the authority of his office for the private pecuniary gain of himself and /or a member of his immediate family when he participated in discussions and actions of the Board of Supervisors resulting in the township contracting with his son to perform services in relation to the repair and maintenance of township roads; and when he participated in actions of the Board to award contracts to his son in excess of $500.00 without an open and public process; when he participated in decisions of the board of supervisors to approve payments to businesses with which members of his immediate family are associated and when he failed to disclose Portage Township as a source of income on Statements of Financial Interests for calendar years 2003 and 2004. II. FINDINGS: 1. Thomas Glover has served as a supervisor for Portage Township, Potter County from January 2, 1996 through the present. 2. Anna Glover, township secretary /treasurer, is responsible for the generation of the monthly minutes including the recording of votes which occur. a. Anna Glover is Glover's daughter -in -law. 3. Voting at Portage Township meetings occurs via group "aye /nay" vote after a motion is made and seconded. a. Any abstentions which occur are specifically listed in the minutes. 4. Signature authority over township accounts is separate and specific for the General Fund and State Fund. a. Anna Glover and all three supervisors maintain signature authority over the General Fund account. 1. Checks from the General Fund require the signature of Anna Glover and at least two supervisors. 2. Signatures on General Fund checks must be live signatures. b. Thomas Glover and Anna Glover maintain signature authority over the State Fund account. 1. Checks from the State Fund require the signature of Glover and Anna Glover. 2. Signatures on State Fund checks must be live signatures. 5. No verbal reading of the monthly bills occurs at the regular monthly supervisors' meeting. a. Anna Glover provides the supervisors with a monthly bill list for review prior to the vote to approve the monthly bills. 6. The supervisors sign the checks at the monthly meetings after the motion to pay the Glover, 04 -058 Page 3 monthly bills is approved. a. Anna Glover typically signs the checks as she writes the actual checks. 7 Portage Township has no road crew, public works employees, or heavy equipment. a. Anna Glover is Portage Township's only regular employee. b. Glover and supervisors Norman McAfoose and Robert Warriner work on an as needed" basis for the township when available. 1. McAfoose has served as the township roadmaster since at least 1996. 2. During the past five years, working supervisors have received a wage of $7.00 per hour as established by the township auditors. c. Equipment needed by the township must be obtained from outside sources. 8. Work required to be addressed in the township is typically completed by way of contracting with an individual contractor located within the township. a. Work/projects to be completed are generally presented at supervisors meetings for discussion and voting. b. Although work/projects are discussed and approved by the supervisors, no specific individual /contractor is awarded the work/project. 1. Specific individuals are obtained to perform the service after the necessity of the work has been acknowledged. c. As the township roadmaster, McAfoose is the individual responsible for contacting individuals to perform services for the township. 9. Albert Glover is Thomas Glover's son. a. Albert Glover is the spouse of Anna Glover. b. Albert Glover has performed services in relation to township projects. 10. Albert Glover is currently self - employed as an equipment operator. a. Albert Glover owns and operates a 401 C John Deere backhoe and a Ford F- 350 one -ton dump truck in association with his self - employment. b. Albert Glover occasionally utilizes his personal Chevrolet Silverado pick -up truck for light hauling. 11. Albert Glover routinely rents his equipment and services on an hourly basis. a. Albert Glover typically charges $40.00 per hour for the rental and operation of his backhoe. b. Albert Glover typically charges $25.00 per hour for the rental and operation of his one -ton dump truck. c. Albert Glover typically charges $10.00 per hour for the rental and operation Glover, 04 -058 Page 4 of his personal pick -up truck. d. Albert Glover occasionally charges flat rates for the use of his equipment depending on the service required. 12. Albert Glover has no business or company name regarding his self - employment status. a. Albert Glover's ownership and operation of equipment is common knowledge in the Portage Township area. 13. Albert Glover has no official employees associated with his self - employment business. a. Albert Glover utilizes the services of various friends and acquaintances in the township to assist him with large jobs if required. b. Thomas Glover occasionally works with Albert Glover on township projects. 14. Individuals assisting Albert Glover with township projects are paid either cash by Albert Glover or check by Portage Township. a. The rate of pay received by individuals assisting with township projects is $7.00 per hour whether paid by Albert Glover or the township. 15. Albert Glover has been utilized for work/projects in Portage Township since at least 1970. a. Albert Glover performed work for the township prior to Thomas Glover serving on the board. b. Albert Glover performed work for the township prior to becoming self - employed. 16. The vast majority of work/projects to be completed in the township are presented to Albert Glover for completion without consideration of other individuals. a. Albert Glover is primarily utilized for township projects because Albert Glover is convenient and charges reasonable rates. 17. Work performed by Albert Glover for Portage Township was not advertised or publicly bid by the township. a. Albert Glover was not specifically named as the individual to complete the work when discussed by the supervisors at the supervisors' monthly meetings. b. The utilization of Albert Glover to complete the work was assumed by the supervisors. 18. Upon completion of the required work, Albert Glover submits a bill to the township through Anna Glover for payment. a. Albert Glover does not utilize invoices or personal letterhead on which to document his billing to the township. 1. Albert Glover documents his time, equipment used, and the Glover, 04 -058 Page 5 applicable charge to the township only on a piece of paper or in his daily calendar /planner. 2. Payment issued through Albert Glover to any laborers associated with the project is included, as necessary, in the billing. 19. From September 2000 through August 2005, Albert Glover billed and was issued payments totaling $19,406.00 by Portage Township for services performed. 20. Of forty -seven checks issued to Albert Glover by Portage Township, ten exceeded $500. a. Of the ten checks issued to Albert Glover in excess of $500.00, none of the services performed were publicly advertised or bid by the township. 21. Thomas Glover routinely participated in voting to approve monthly bills which included payment to Albert Glover and routinely signed as a township signatory on checks issued to Albert Glover. 22. Township minutes document no abstentions by Thomas Glover in association with the approval of the monthly bills. 23. Thomas Glover voted affirmatively to approve monthly bills forty -seven times which included payment to Albert Glover. 24. Thomas Glover signed forty -six of forty -seven checks issued to Albert Glover as an authorized township signatory. a. All three supervisors and the secretary /treasurer typically sign checks issued from the township general fund. b. Only Glover and Anna Glover had signature authority over the township state fund from January 2001 through August 2005. 25. Thomas Glover did not publicly disclose his immediate family relationship with Albert Glover prior to voting to approve monthly bills which included payment to Albert Glover. a. Glover's family relationship with Albert Glover was common knowledge among the supervisors. 26. Albert Glover maintains a checking account with Citizen's Trust Company (CTC) in association with his self - employment business and a personal checking account with Northwest Savings Bank (NWSB). a. Glover originally opened the account on October 8, 1999 as the only authorized signatory. b. The account signature card was updated on March 23, 2000 to include Shawn Glover (Albert Glover's son) as an authorized signatory. c. The account signature card was most recently updated on August 7, 2000 to include Anna Glover as an authorized signatory. d. The account at Northwest Bank was originally opened on July 23, 1998 in the names of Albert and Anna Glover with Corestates Bank. Glover, 04 -058 Page 6 e. Corestates Bank was purchased by Sovereign Bank which was subsequently purchased by Northwest Savings Bank in November 2000. 27. Forty -six of Forty -seven checks received by Albert Glover from Portage Township for services provided were either cashed or deposited into accounts held by Albert and Anna Glover at Citizen's Trust Company and Northwest Savings Bank. 28. From September 2000 through August 2005, Albert Glover was issued forty -seven checks from Portage Township totaling $19,406.00 for contracts entered into with the township for services rendered. THE FOLLOWING FINDINGS RELATE TO GLOVER'S PARTICIPATION AS A TOWNSHIP SUPERVISOR IN AWARDING SNOW REMOVAL CONTRACTS TO ANNA GLOVER 29. Portage Township has no means by which to address snow removal within the township. a. Portage Township has routinely publicly advertised for bids in The Potter Leader - Enterprise (hereafter Leader - Enterprise) regarding snow removal services required. 30. Anna Glover issued a bid notice for advertisement to the Leader - Enterprise during or about September 2000 in her position as secretary /treasurer which stated the following: The Portage Township Supervisors will be accepting bids for snow removal and cindering of all Portage Township roads and streets. The bids must be accompanied by proof of commercial or contractor's insurance. Bids must be received no later than 5:00 P.M. on Wednesday, October 4, 2000 at P.O. Box 392, Austin, PA 16720. Bids must be in a sealed envelope clearly marked `Snowplowing Bid.' Bids will be opened at the regular meeting, October 4, 2000 at 7:00 P.M. The supervisors have the right to accept or reject any or all bids." a. The bid notice was printed and published in the Leader - Enterprise from September 20, 2000 through September 27, 2000. b. Bids submitted were to be received at Anna Glover's personal PO Box of 392, Austin, Pa 16720. 1. Anna Glover typically works from her home regarding township business. 2. The Township mailing address is listed as PO Box 392, Austin, Pa 16720 on various documents, financial statements, etc. c. The bid notice was for the 2000/2001 winter season. 31. Anna Glover submitted a handwritten bid to Portage Township dated September 29, 2000 for the 2000 snow removal contract. a. Although submitted in Anna Glover's name, the bid was submitted on behalf of Albert Glover and Anna Glover jointly. 1. Albert Glover utilizes the services of various family, friends, and acquaintances in the township to assist him with snow removal Glover, 04 -058 Page 7 including Anna Glover and Shawn Glover among others. b. Anna Glover's bid detailed rates of $20.00 per hour for plowing and $15.00 per hour for cindering. 32. At the October 4, 2000 regular supervisors' meeting, bids were opened for the awarding of the snow removal contract. a. Anna Glover's bid was the only bid received. 33. Minutes of the October 4, 2000 regular supervisor's meeting document a motion by McAfoose, seconded by Supervisor Gene Owens, to accept the bid received. a. The vote to award the contract to Anna Glover passed 2 -0 -1 with Thomas Glover abstaining. 34. Anna Glover signed a contract with Portage Township on November 1, 2000 to provide snow removal services for Portage Township. a. The effective dates of the contract were November 1, 2000 through April 30, 2001. b. Signing the contract on behalf of the township were McAfoose and Owens. 35. Anna Glover issued a bid notice for advertisement to the Leader - Enterprise during or about October 2001 in her position as secretary /treasurer which stated the following: The Portage Township Supervisors will be accepting bids for snow removal and cindering of all Portage Township roads and streets for the 2001/2002 and the 2002/2003 winter seasons. The bids must be accompanied by proof of commercial or contractor's insurance. Bids must be received no later than 5:00 P.M. on Tuesday, November 6, 2001 at P.O. Box 392, Austin, PA 16720. Bids must be in a sealed envelope clearly marked (Snowplowing Bid). Bids will be opened at the regular meeting, November 6, 2001 at 7:00 P.M. The supervisors have the right to accept or reject any or all bids." a. The bid notice was printed and published in the Leader - Enterprise from October 17, 2001 through October 24, 2001. b. Bids submitted were to be received at Anna Glover's personal PO Box of 392, Austin, Pa 16720. c. The advertised bid notice incorrectly documented the November regular supervisors' meeting date as November 6, 2001. 1. The regular supervisors' meeting for November was held on November 7, 2001. 36. Anna Glover submitted a typed bid to Portage Township dated November 6, 2001 for the 2001/2002 and 2002/2003 snow removal contract. a. Although submitted in Anna Glover's name, the bid was submitted on behalf of Albert Glover and Anna Glover jointly. b. Anna Glover's bid detailed rates of $20.00 per hour for plowing and $15.00 per hour for cindering. Glover, 04 -058 Page 8 37. At the November 7, 2001 regular supervisors' meeting, bids were opened for the awarding of the snow removal contract. a. Anna Glover's bid was the only bid received. 38. Minutes of the November 7, 2001 regular supervisor's meeting document a motion by Supervisor Dave Schumacher, seconded by McAfoose, to accept the bid received. a. The vote to award the contract to Anna Glover passed 2 -0 -1 with Thomas Glover abstaining. 39. Anna Glover signed a contract with Portage Township on December 11, 2001 to provide snow removal services for Portage Township. a. The effective dates of the contract were December 11, 2001 through April 30, 2003. b. Signing the contract on behalf of the township were Schumacher and McAfoose. 40. Anna Glover issued a bid notice for advertisement to the Leader - Enterprise on or about October 2003 in her position as secretary /treasurer which stated the following: The Portage Township Supervisors will be accepting bids for snow removal and cindering of all Portage Township roads and streets for the 2003/2004 and the 2004/2005 winter seasons. The bids must be accompanied by proof of commercial or contractor's insurance. Bids must be received no later than 5:00 P.M. on Wednesday, November 5, 2003 at P.O. Box 392, Austin, PA 16720. Bids must be in a sealed envelope clearly marked (Snowplowing Bid). Bids will be opened at the regular meeting, November 5, 2003 at 7:00 P.M. The supervisors have the right to accept or reject any or all bids." a. The bid notice was printed and published in the Leader - Enterprise from October 15, 2003 through October 22, 2003. b. Bids submitted were to be received at Anna Glover's personal PO Box of 392, Austin, Pa 16720. 41. Anna Glover submitted a typed bid to Portage Township dated November 5, 2003 for the 2003/2004 and 2004/2005 snow removal contract. a. Although submitted in Anna Glover's name, the bid was submitted on behalf of Albert Glover and Anna Glover jointly. b. Anna Glover's bid detailed rates of $20.00 per hour for plowing and $15.00 per hour for cindering. 42. At the November 5, 2003 regular supervisors' meeting, bids were opened for the awarding of the snow removal contract. a. Anna Glover's bid was the only bid received. 43. Minutes of the November 5, 2003 regular supervisor's meeting document a motion by McAfoose, seconded by Glover, to accept the bid received. Glover, 04 -058 Page 9 a. The vote to award the contract to Anna Glover passed 3 -0 with no abstention by Thomas Glover. 44. Anna Glover signed a contract with Portage Township on December 03, 2003 to provide snow removal services for Portage Township. a. The effective dates of the contract were December 3, 2003 through April 30, 2005. b. Signing the contract on behalf of the township were McAfoose and Supervisor Robert Warriner. 45. No other companies submitted bids for snow removal. a. Glover's bids were lower than rates usually charged by companies in Potter County. 46. From September 2000 through August 2005, Anna Glover billed and was issued payment by Portage Township for snow removal services performed totaling $10,585. 47. Checks issued as payment for snow removal services provided were done so in the name of Anna Glover. 48. Thomas Glover routinely participated in voting to approve monthly bills which included payment to Anna Glover on behalf of Albert and Anna Glover jointly and routinely signed as a township signatory on checks issued to Anna Glover on behalf of Albert and Anna Glover jointly. 49. Minutes for the township meetings document the approval of the bill list as "carried" after a motion is made and seconded. a. Minutes for the township meetings document no abstentions by Glover in association with the approval of the monthly bills. b. Glover voted affirmatively to approve monthly bills all twenty -two times which included payment to Anna Glover. 50. Thomas Glover signed twenty -one of twenty -two checks issued to Anna Glover as an authorized township signatory. a. All three supervisors and the secretary /treasurer typically sign checks issued from the township general fund. b. Only Thomas Glover and Anna Glover had signature authority over the township state fund from January 2001 through December 2004. 51. Thomas Glover did not publicly disclose his family relationship with Albert or Anna Glover prior to voting to approve monthly bills which included payment to Anna Glover on behalf of Albert and Anna Glover jointly. a. Glover's family relationship with Albert and Anna Glover was common knowledge among the supervisors. 52. Albert and Anna Glover both hold signature authority over financial accounts held at Citizens Trust Company and Northwest Savings Bank(See Findings No.: 36). Dates Worked Hours Worked Activity Check No. Check Date Check Amt. Meeting Date Glover Present Vote 03/09/02 4.0 Tree cut & removal 5234 04/03/02 $24.79 04/03/02 Yes 3 -0 04/23/02 5.0 Roadwork 770 05/01/02 30.99 05/01/02 Yes 3 -0 Glover, 04 -058 Page 10 53. Checks received by Anna Glover from Portage Township for services provided were either cashed or deposited into accounts held at Citizen's Trust Company and Northwest Savings Bank over which both Anna and Albert Glover maintained signature authority. 54. From September 2000 through August 2005, Anna Glover received twenty -two checks from Portage Township totaling $10,585.00 for contracts entered into with the township for snow removal services. THE FOLLOWING FINDINGS ARE ASSOCIATED WITH WAGES PAID TO ADDITIONAL MEMBERS OF GLOVER'S IMMEDIATE FAMLY FOR SERVICES RENDERED FOR PORTAGE TOWNSHIP 55. Portage Township has no regular employees, with the exception of Anna Glover, secretary /treasurer, to address services required by the township. 56. As the township roadmaster, McAfoose generally contacts and arranges for individuals to perform work for the township when needed. a. Portage Township utilizes several individuals on a routine basis to assist in work/projects whenever needed. 57. Thomas C. Glover, George Glover, and Charles Glover are Thomas Glover's sons. a. Thomas C. Glover resides at 1137 Costello Road, Austin, Pa 16720, Portage Township. b. George Glover resides at 1065 Costello Road, Austin, Pa 16720, Portage Township. c. Charles Glover is deceased. 58. Thomas C. Glover, George Glover, and Charles Glover have performed various services for Portage Township between the dates of September 2000 through August 2005. a. Work performed by Thomas C. Glover, George Glover, and Charles Glover was not publicly advertised. b. Thomas Glover, George Glover, and Charles Glover were contacted by either McAfoose, Albert Glover, or Anna Glover regarding the providing of services for Portage Township. 59. From September 2000 through August 2005, Thomas C. Glover, George Glover, and Charles Glover were issued a total of ten checks from Portage Township totaling $613.32 as shown below: a. Thomas Glover Dates Worked Hours Worked Description Check No Check Date Check Amt. Meeting Date Glover Present Vote 05/30/01 9.0 Spring clean- up 5094 06/05/01 $111.57 06/05/01 Yes 3 -0 05/31/01 9.0 Spring clean- up $18.60 06/13/01 8.0 Weed- eating, Potholes 738 07/03/01 154.96 07/03/01 Yes 3 -0 06/14/01 3.0 Weed - eating 06/20/01 8.0 Weed- eating, Potholes 06/21/01 3.0 No description 06/27/01 3.0 No description 08/24/01 2.0 No description 751 09/04/01 12.40 09/04/01 Yes 3 -0 10/2/01 3.0 Filling potholes 753 10/03/01 18.60 10/03/01 Yes 3 -0 Total $297.53 05/23/02 3.0 No description 776 06/05/02 18.60 06/05/02 Yes 3 -0 05/29/02 9.0 Spring clean -up 5265 06/05/02 111.57 06/05/02 Yes 3 -0 05/30/02 9.0 Spring clean -up $18.60 07/14/05 6.0 Roadwork 883 08/03/05 111.24 08/03/05 Yes 3 -0 07/22/05 6.0 Roadwork 07/23/05 6.0 Roadwork Total $297.19 Dates Worked Hours Worked Activity Check No. Check Date Check Amt. Meeting Date Glover Present Vote 10/02/01 3.0 Filling potholes 754 10/03/01 $18.60 10/03/01 Yes 3 -0 Total $18.60 Glover, 04 -058 Page 11 1 c. Charles Glover Check numbers 776 and 5265 in the amounts of $18.60 and $111.57 were endorsed by Albert Glover after Albert Glover signed Thomas Glover's name on the checks. aa. Check number 776 was deposited into Albert Glover's account at Citizen's Trust Company. bb. The disposition of check number 5265 could not be determined. b. George Glover 60. Thomas Glover was present and participated in actions of the board in approving bill lists on which payment to his sons was documented and signed checks issued as an authorized township signatory. a. Glover voted to approve all bill lists on which payment to his sons was Glover, 04 -058 Page 12 documented. b. Glover signed as an authorized township signatory on all ten checks issued to his sons. c. Glover did not disclose his immediate family relationship with Thomas Glover, George Glover, or Charles Glover prior to voting to approve bill lists on which payment to his sons was documented. 1. Glover's relationship with Thomas C. Glover, George Glover, and Charles Glover was common knowledge among the board of supervisors. 61. Thomas C. Glover, George Glover, and Charles Glover received private pecuniary gains of $297.19, $18.60, and $297.53 respectively as a result of their father Thomas Glover voting to approve payments and authorizing checks issued to his sons in his position as a Portage Township supervisor. THE FOLLOWING FINDINGS RELATE TO GLOVER'S FAILURE TO DISCLOSE INCOME IN EXCESS OF $1,300.00 ON STATEMENTS OF FINANCIAL INTERESTS FILED FOR CALENDAR YEARS 2003 AND 2004 62. Thomas Glover is required to file Statements of Financial Interests by May 1St annually in his position as a Portage Township Supervisor. 63. Required disclosures on Statements of Financial Interest include the name and address of any direct or indirect sources of income totaling $1,300.00 or more. 64. Thomas Glover was issued IRS Forms W -2 from Portage Township in the amount of $1,317.50 and $1,363.00 for earnings in calendar years 2003 and 2004 respectively. a. Income received by Glover included his supervisor's salary ($50.00 per meeting) and wages received as an as needed laborer for the township. 65. Glover filed Statements of Financial Interests on March 7, 2004, and February 4, 2005 for calendar years 2003 and 2004 respectfully. a. Glover did not disclose information regarding direct or indirect sources of income on his Statements of Financial Interests filed for calendar years 2003 and 2004. b. Direct or indirect sources of income were documented as "none." 66. Glover's compensation as a supervisor for Portage Township is as follows: Year Gross Net 2000 600 531.24 2001 600 531.24 2002 600 531.24 2003 600 531.24 2004 600 531.24 (thru Aug) 2005 400 353.04 III. DISCUSSION: Glover, 04 -058 Page 13 At all times relevant to this matter, the Respondent, Thomas Glover (Glover), has 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 Glover as a Portage Township Supervisor violated Sections 1103(a), 1103(f) and 1105(b)(5) of the Ethics Act when he participated in discussions and actions of the Board of Supervisors resulting in the township contracting with his son to perform services in relation to the repair and maintenance of township roads; when he participated in actions of the Board to award contracts to his son in excess of $500.00 without an open and public process; when he participated in decisions of the Board to approve payments to members of his immediate family; and when he failed to list Portage Township as a source of income on his Statements of Financial Interests (SFIs) for the calendar years 2003 and 2004. Pursuant to Section 1103(a) of the Ethics Act quoted above, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. 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. 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. 65 Pa.C.S. § 1102. Section 1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 1103(f) of the Ethics Act imposes certain restrictions as to contracting: § 1103. Restricted activities (f) Contract. - -No public official or public employee or his spouse or child or any business in which the person or his spouse or child is associated shall enter into any contract valued at $500 or more with the governmental body with which the public official or public employee is associated or any subcontract valued at $500 or more with any person who has been awarded a contract with the governmental body with which the public official or public employee is associated, unless the contract has been awarded through an open and Glover, 04 -058 Page 14 public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the public official or public employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. Any contract or subcontract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of the making of the contract or subcontract. 65 Pa.C.S. § 1103(f). Section 1103(f) of the Ethics Act provides in part that no public official /public employee or spouse or child or business with which he or the spouse or child is associated may enter into a contract with his governmental body valued at five hundred dollars or more or any subcontract valued at five hundred dollars or more with any person who has been awarded a contract with the governmental body with which the public official /public employee is associated unless the contract is awarded through an open and public process including prior public notice and subsequent public disclosure. § 1105. Statement of financial interests (b) Required information. - -The statement shall include the following information for the prior calendar year with regard to the person required to file the statement: (5) The name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics or common law privileges. 65 Pa.C.S. §1105(b)(5). Section 1105(b)(5) of the Ethics Act, which requires that every public official /public employee and candidate list the name and address of any direct or indirect source of income totaling in the aggregate of $1,300 or more. 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. Glover has served on the three member Board of Supervisors in Portage Township, Potter County since January 1996. Glover's daughter -in -law, Anna, is the Township Secretary /Treasurer. At the Township meetings, voting occurs by a group aye or nay with abstentions specifically noted in the minutes. Anna and all supervisors have signature authority over General Fund Accounts but Anna and Glover have signature authority over the State Fund Account. At the monthly meetings, the supervisors are provided with the monthly bill list for review and voting. Since the Township has no road crew, public works employees or heavy equipment, the Township utilizes individual contractors in the Township to work on projects. The Township also uses Glover and the other two supervisors to work on an as needed basis. Glover's son, Albert, has performed services for the Township. Albert is a self - employed Glover, 04 -058 Page 15 equipment operator who owns a backhoe, dump truck and pickup truck. Albert performed such work for the Township even prior to Glover's service on the Board. On occasion, Albert used Glover to work with him on Township projects. Additional laborers were obtained by Albert when it was a large Township project. Such individuals who assisted on Township projects were paid $7.00 per hour either by Albert or the Township. The bulk of Township projects were given to Albert without consideration of other individuals because Albert is convenient and his charges are reasonable. The work performed by Albert for the Township was neither advertised nor publicly bid. After Albert completed a Township project, he submitted a bill to the Township that documented his time, equipment used and applicable charges. The bills that Albert submitted to the Township from September 2000 through August 2005 totaled $19,406.00. Of the 47 checks that were issued to Albert for performing Township projects, 10 exceeded $500. None of those 10 projects was publicly advertised for bids. Glover routinely participated in voting to approve monthly bills that included payments to Albert. Glover, as Township signatory, also routinely co- signed checks issued to Albert. Glover did not publicly disclose his family relationship with Albert prior to voting to approve monthly bills lists. Glover co- signed 46 of the 47 checks that were issued to Albert. Since the Township does not have the wherewithal to handle snow removal, it advertises for bids prior to the beginning of the snow season. In the Fall of 2000, the advertisement for bids only produced one submission, which was in the name of Anna Glover, on behalf of Anna and Albert, jointly. The bid quoted a price of $20 per hour for plowing snow and $15 per hour for cindering the roads. Since the bid by Anna was the only one received, Anna was awarded the bid. The minutes reflect that Glover abstained on the award of the contract to Anna. The contract was effectuated in November of 2000 for the period from November of 2001 through April 2001. After the advertisement for snow plowing bids was published in the Fall of 2001 for the 2001/2002 and 2002/2003 winter seasons, Anna was again the only bidder. Anna received the award on a 2 -0 -1 vote with Glover abstaining. In the Fall of 2003, an advertisement was published for snow removal /road cindering for the winters of 2003/2004 and 2004/2005. Anna submitted the joint bid at the same rates. Since Anna was again the only bidder, the Township awarded the contract to her in a 3 -0 vote with no abstention by Glover. Glover routinely participated in the votes to approve monthly bills that included payments for Anna on behalf of Anna and Albert jointly. Glover also co- signed 21 of the 22 Township checks to Anna for Anna and Albert. Glover did not disclose his family relationship with Albert or Anna prior to voting to approve the monthly bills lists. The checks that were issued from September of 2000 through August of 2005 to Anna for Anna and Albert jointly totaled $10,585. Since the Township has no regular employees, except for Anna Glover, Supervisor McAfoose as Township Roadmaster generally contacts and arranges for various individuals to perform certain Township work. Three of Glover's sons, Thomas, George and Charles (now deceased), were contacted to provide services to the Township. From September 2000 through August 2005, those three sons of Glover were issued Township checks: $297.19 to Thomas, $18.60 to George and $297.53 to Charles. The work performed by Glover's three sons was not publicly advertised. Glover participated in actions of the Board to approve bill lists that included payments to his sons. Glover, as a Township signatory, also co- signed 10 checks issued from the Township to his sons. Glover did not disclose his immediate family relationship as to his three sons prior to voting to approve such bills lists. Glover, 04 -058 Page 16 As a Township Supervisor, Glover was required to file SFIs on an annual basis. Although Glover received income in excess of $1,300 from the Township in calendar years 2003 and 2004, he indicated "none" as a source of income for those two years. 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 no violation of Section 1103(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(a), occurred in relation to the hiring of Glover's son to perform various services for the township as there was no evidence of any specific use of office on the part of Glover to employ his son. b. That a technical violation of Section 1103(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(a), occurred in relation to Glover's participation in the approval of bills and the signature of checks payable to his son for work performed by his son for the township. c. That a violation of Section 1103(f) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(f), occurred in relation to the award of ten contracts in excess of $500 without an open and public process to Glover's son regarding the performance of services for the township. d. That no violation of Section 1103(f) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(f), occurred in relation to all other work performed by Glover's son as the contracts to perform such work did not exceed $500. e. That no violation of Section 1103(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(a), occurred in relation to the hiring of Anna Glover, Respondent's daughter -in -law, by the township to perform snow removal services in 2001 as Glover abstained from all township action in relation to the award of such contracts during that year. f. That a technical violation of Section 1103(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(a), occurred in relation to Glover's participation in the approval of bills and his signature on checks issuing payments to his son's and daughter -in -law's business for snow removal services performed by her during the years 2001 through and including 2005. That no violation of Section 1103(f) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(f), occurred in relation to the contracts awarded to Glover's daughter -in -law for snow removal services in 2001 and 2003 as all such contracts were awarded through an open and public process. g. h. That a violation of Section 1103(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(a), occurred in relation to Glover, 04 -058 Page 17 Glover's participation in 2003 relating to the township's award of a snow removal contract to his son's and daughter -in -law's business. That no violation of Section 1103(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(a), occurred in relation to the employment of Glover's sons to perform various services for the township during the years 2001 through 2005 as the total pecuniary benefit obtained by them during those years was de minimis. That no violation of Section 1103(f) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(f), occurred in relation to the employment by the township of lover's sons to perform various services for the township during the years 2001 through 2005 as no individual contract to perform such services was in excess of $500. k. That a technical violation of Section 1105(b)(5) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1105(b)(5), occurred in relation to Glover's failure to list Portage Township as a source of income in excess of $1,300 for calendar years 2003 and 2004. 4. Glover agrees to make payment in the amount of $800 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. " J. Consent Agreement, ¶3 and ¶4. Regarding the allegation of hiring Glover's son Albert to perform services for the Township, the Stipulated Findings reflect that the Township did not have a road crew, public works employees or heavy equipment. Instead, the Township utilized individuals, including Albert Glover, to perform such services. Albert Glover was selected because he was convenient and his charges were reasonable. There is nothing in the record to establish that Glover had any involvement regarding the hiring of his son to perform such services. Since there was no action taken by Glover as to the hiring of his son Albert, there was no use of authority of office on his part. The courts have held that without a use of authority of office, there can be no violation of §1103(a) of the Ethics Act. See, McGuire and Marchitello v. SEC, 657 A.2d 1346 (Pa. Commw. 1995). Accordingly, Glover did not violate §1103(a) of the Ethics Act regarding the hiring of his son Albert to perform various services for the Township in that there was no use of authority of office by Glover as to his son's hiring. After Albert Glover performed services for the Township, he submitted bills that documented his time, equipment usage and applicable charges. Glover participated in the process of approving those bills and payments to his son Albert. Glover's uses of authority of office consisted of his participation in the bill approval process and the signing of checks in payment to Albert. Such actions were uses of authority of office. See, Juliante, Order 809. The uses of authority of office resulted in private pecuniary benefits consisting of the payments that were made to Albert, Glover's son, who is a member of his immediate family as that term is defined under the Ethics Act. Accordingly, Glover technically violated §1103(a) of the Ethics Act when he participated in the bill approval process and signed checks in payment to his son Albert for services performed for the Township. Theebes, Order 1027. Turning to the matter of the award of contracts from the Township to Albert Glover for performing such services, some of the contracts were over the $500 threshold of §1103(f) while others were not. No contracts were awarded through an open and public process. That was problematic as to the 10 contracts in excess of $500 that were awarded Glover, 04 -058 Page 18 to Albert without an open and public process. Accordingly, Glover violated §1103(f) of the Ethics Act as to the 10 contracts between his son and the Township that were in excess of $500 and not awarded through an open and public process. Spotts, Order 1050. However, Glover did not violate §1103(f) of the Ethics Act as to those Township contracts that were less than $500 and awarded to his son, Albert Glover. Gallagher, Order 1059. Turning to the award of the snow removal contracts for the roads in the Township, the snow removal contract in 2001 was awarded to Glover's daughter -in -law, Anna, following a publication in the newspaper for the submission of bids. The only bid received was by Anna Glover that was submitted jointly on behalf of herself and her husband Albert, Glover's son. Glover abstained on the award of that contract. The facts reflect that there was no use of authority of office on the part of Glover as to the award of the snow removal contract in 2001. Accordingly, Glover did not violate §1103(a) when he abstained as to the award of a snow removal contract by the Township in 2001 to Anna Glover, his daughter - in -law, on behalf of herself and Glover's son Albert. Gallagher, supra. For all of the snow removal contracts the Township awarded to Glover's daughter - in -law, Anna, for the years 2001 through 2005, Glover participated in the approval of bills and signed checks in payment for the snow removal and road cindering services. Accordingly, Glover technically violated §1103(a) of the Ethics Act when he participated in the bill approval process and signed checks in payment to his son and daughter -in -law for snow removal and road cindering services to the Township for the years 2001 through 2005. Ransdorf, Order 997. In applying §1103(f) of the Ethics Act as to the award of the snow removal contracts to Glover's son and daughter -in -law, it is noted that all of those contracts were published in the paper for solicitation of bids so that the contracts were awarded through an open and public process. Accordingly, Glover did not violate §1103(f) of the Ethics Act as to snow removal contracts awarded to his son and daughter -in -law for snow removal and cindering services in that all such contracts were awarded through an open and public process. Lavertue, Order 1002. For the snow removal contract in 2003 which was awarded by the Township to Anna Glover on behalf of herself and Glover's son Albert, the minutes of the Township reflect that in that instance Glover participated in the award of the contract. Such action by Glover resulted in private pecuniary benefits consisting of payments on the snow removal and road cindering contract. Lastly, that private pecuniary benefit inured to Glover's son who is a member of his immediate family as that term is defined under the Ethics Act. Accordingly, Glover violated §1103(a) of the Ethics Act when he participated in the award of a Township contract in 2003 for snow removal and road cindering to his son and daughter -in -law. Brennan, Order 1047. As to payments that were made by the Township to Glover's other sons, namely Thomas, George and Charles, the record reflects that Supervisor McAfoose was the roadmaster who contacted and arranged for Glover's three sons to perform such work. The record does not establish any use of authority of office on the part of Glover as to the employment of his three other sons to perform those services for the Township. It would also appear that the payments that Glover's three sons received on the contracts were de minimus. Accordingly, Glover did not violate §1103(a) of the Ethics Act regarding the employment of his three other sons to perform services for the Township in that there was no use of authority of office on the part of Glover. Deeds, Order 988. Likewise, Glover did not violate §1103(f) as to the contracts to employ Glover's other sons to perform various services for the Township for the years 2001 through 2005 in that the individual contracts were less than the $500. Perino, Order 980. Glover, 04 -058 Page 19 The last part of the allegation concerns deficient SFI filings by Glover for the calendar years 2003 and 2004. The Stipulated Findings reflect that Glover failed to list the Township as a source of income in excess of $1,300 for the calendar years 2003 and 2004. Accordingly, Glover technically violated §1105(b)(5) of the Ethics Act in each instance when he failed to list Portage Township as a source of income in excess of $1,300 for his SFIs for the calendar years 2003 and 2004. Anderson, Order 992. If Glover has not already done so, he is directed to file amended SFIs for calendar years 2003 and 2004 within 30 days of the date of mailing of this Order with Portage Township correcting the deficiencies noted above and filing copies of those SFIs with this Commission for compliance verification purposes. In addition, as per the Consent Agreement, Glover is directed to make payment of $800 through this Commission to the Commonwealth of Pennsylvania within 30 days of the date of the mailing of this final Order. Compliance as to the filing of the amended SFIs for calendar years 2003 and 2004 and the payment of $800 will result in the closing of this case with no further action on the part of the Commission. Failure to comply will result in the institution of an order enforcement action. 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. IV. CONCLUSIONS OF LAW: 1. Thomas Glover, as a Township Supervisor in Portage Township, is 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." 2. Glover did not violate §1103(a) of the Ethics Act regarding the hiring of his son Albert to perform various services for the Township in that there was no use of authority of office by Glover as to his son's hiring. 3. Glover technically violated §1103(a) of the Ethics Act when he participated in the bill approval process and signed checks in payment to his son Albert for services performed for the Township. 4. Glover violated §1103(f) of the Ethics Act as to the 10 contracts between his son and the Township that were in excess of $500 and not awarded through an open and public process. 5. Glover did not violate §1103(f) of the Ethics Act as to those Township contracts that were less than $500 and awarded to his son, Albert Glover. 6. Glover did not violate §1103(a) when he abstained as to the award of a snow removal contract by the Township in 2001 to Anna Glover, his daughter -in -law, on behalf of herself and Glover's son Albert. 7 Glover technically violated §1103(a) of the Ethics Act when he participated in the bill approval process and signed checks in payment to his son and daughter -in -law for snow removal and road cindering services to the Township for the years 2001 through 2005. Glover, 04 -058 Page 20 8. Glover did not violate §1103(f) of the Ethics Act as to snow removal contracts awarded to his son and daughter -in -law for snow removal and cindering services in that all such contracts were awarded through an open and public process. 9. Glover violated §1103(a) of the Ethics Act when he participated in the award of a Township contract in 2003 for snow removal and road cindering to his son and daughter -in -law. 10. Glover did not violate §1103(a) of the Ethics Act regarding the employment of his three other sons to perform services for the Township in that there was no use of authority of office on the part of Glover. 11. Glover did not violate §1103(f) as to the contracts to employ Glover's other sons to perform various services for the Township for the years 2001 through 2005 in that the individual contracts were less than the $500. 12. Glover technically violated §1105(b)(5) of the Ethics Act in each instance when he failed to list Portage Township as a source of income in excess of $1,300 for his SF's for the calendar years 2003 and 2004. In Re: Thomas Glover ORDER NO. 1389 File Docket: 04 -058 Date Decided: 2/23/06 Date Mailed: 3/13/06 1. Thomas Glover, as a Township Supervisor in Portage Township, did not violate §1103(a) of the Ethics Act regarding the hiring of his son Albert to perform various services for the Township in that there was no use of authority of office by Glover as to his son's hiring. 2. Glover technically violated §1103(a) of the Ethics Act when he participated in the bill approval process and signed checks in payment to his son Albert for services performed for the Township. 3. Glover violated §1103(f) of the Ethics Act as to the 10 contracts between his son and the Township that were in excess of $500 and not awarded through an open and public process. 4. Glover did not violate §1103(f) of the Ethics Act as to those Township contracts that were less than $500 and awarded to his son, Albert Glover. 5. Glover did not violate §1103(a) when he abstained as to the award of a snow removal contract by the Township in 2001 to Anna Glover, his daughter -in -law, on behalf of herself and Glover's son Albert. 6. Glover technically violated §1103(a) of the Ethics Act when he participated in the bill approval process and signed checks in payment to his son and daughter -in -law for snow removal and road cindering services to the Township for the years 2001 through 2005. 7. Glover did not violate §1103(f) of the Ethics Act as to snow removal contracts awarded to his son and daughter -in -law for snow removal and cindering services in that all such contracts were awarded through an open and public process. 8. Glover violated §1103(a) of the Ethics Act when he participated in the award of a Township contract in 2003 for snow removal and road cindering to his son and daughter -in -law. 9. Glover did not violate §1103(a) of the Ethics Act regarding the employment of his three other sons to perform services for the Township in that there was no use of authority of office on the part of Glover. 10. Glover did not violate §1103(f) as to the contracts to employ Glover's other sons to perform various services for the Township for the years 2001 through 2005 in that the individual contracts were less than the $500. 11. Glover technically violated §1105(b)(5) of the Ethics Act in each instance when he failed to list Portage Township as a source of income in excess of $1,300 for his SF's for the calendar years 2003 and 2004. Glover, 04 -058 Page 22 12. Per the Consent Agreement of the parties, Glover is directed to make payment of $800 through this Commission to the Commonwealth of Pennsylvania within 30 days of the date of the mailing of this final Order. If Glover has not already done so, he is directed to file amended SFIs for calendar years 2003 and 2004 within 30 days of the date of mailing of this Order with Portage Township correcting the deficiencies noted above and filing copies of those SFIs with this Commission for compliance verification purposes. a. Compliance as to the filing of the amended SFIs for calendar years 2003 and 2004 and the payment of $800 will result in the closing of this case with no further action on the part of the Commission. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair