HomeMy WebLinkAbout1398 MatyasIn Re: Ronald J. Matyas,
Respondent,
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Paul M. Henry
Raquel K. Bergen
Nicholas A. Colafella
Reverend Scott Pilarz
05 -027
Order No. 1398
5/31/06
6/12/06
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 filed and a hearing was waived. The record is complete. A Consent
Agreement and Stipulation of Findings were submitted by the parties to the Commission for
consideration. The Stipulation of Findings is quoted as the Findings in this Order. The
Consent Agreement was subsequently approved.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter
11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989
and provides for the completion of pending matters under Act 93 of 1998.
This adjudication of the State Ethics Commission is issued under Act 93 of 1998
and will be made available as a public document thirty days after the mailing date noted
above. However, reconsideration may be requested. Any reconsideration request must be
received at this Commission within thirty days of the mailing date and must include a
detailed explanation of the reasons as to why reconsideration should be granted in
conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the
finality of this adjudication but will defer its public release pending action on the request by
the Commission.
The files in this case will remain confidential in accordance with Chapter 11 of Act
93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a
misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than
one year. Confidentiality does not preclude discussing this case with an attorney at law.
Matyas, 05 -027
Page 2
I. ALLEGATION:
That Ronald Matyas, a public official /public employee, in his capacity as a
Supervisor for East Allen Township, Northampton County, violated provisions of the State
Ethics Act (Act 93 of 1998) 65 Pa.C.S. § §1103(a)(4) [sic]; 1104(a)(d); 1105(b)(5)(8)(9)
when he used the authority of his office for the private pecuniary gain of himself and /or a
business with which he is associated by participating in discussions and actions of the
board regarding repairs to township vehicles at a time when he and /or a business with
which he was associated was performing said services; and when he participated in the
approval process of issuing payments to a company who [sic] subsequently endorsed
checks over to him; and when contracts were issued for vehicle repairs that went to his
company without an open and public process; and when he failed to file a Statement of
Financial Interests for the 2000, 2002, and 2004 calendar years and then filed a backdated
Statement of Financial Interests for the 2004 calendar year giving the appearance that the
form was timely filed; and when he failed to disclose on Statements of Financial Interests
filed for the 2001 and 2003 calendar years sources of income; office, directorship, or
employment in any business; and financial interests in any business for profit.
II. FINDINGS:
1. Ronald J. Matyas served as a supervisor for East Allen Township, Northampton
County, from January 2000 through December 2005.
2. Matyas' duties as supervisor for East Allen Township include the following:
a. Attending monthly supervisor's meetings.
b. Reviewing and approving monthly treasurer's reports and bill lists.
c. Reviewing and approving monthly meeting minutes.
d. In his position as a supervisor, Matyas receives a yearly compensation of
$1,875.00.
3. Professionally Ronald Matyas owns and operates a used car sale and rental
business, Airport Road Rent -A -Car, located at 7250 Airport Road, Bath, PA 18014.
a. Matyas has been in the used car sales business since approximately 1984.
b. Matyas has been in the rental car business since approximately 1984.
4. Application for Registration of Fictitious Name document on file with the Department
of State for Airport Road Rent -A -Car identifies the business as a fictitious name for
the entity Airport Auto Sales, Inc.
a. This fictitious name application was filed on November 17, 1997.
b. Ronald J. Matyas is identified on that document as president of the business.
5. Articles of Incorporation on file with the Pennsylvania Department of State include
corporate filings for Airport Auto Sales, Inc.
a. Corporate papers identify Ronald Matyas as sole owner of the business.
b. Airport Auto Sales was incorporated on March 12, 1984.
c. Matyas and his wife each have a 50% ownership interest in Airport Auto
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Sales, Inc.
6. In October of 2003 East Allen Township owned a 1985 GMC truck, which was
purchased by the township on July 11, 1985.
7 By October 2003, the 1985 GMC truck had severe rust throughout the body and
undercarriage.
a. The truck was generally in good condition with the exception of the rust.
8. The topic of purchasing a new truck for the Parks Department was discussed during
the supervisors' October 27, 2003, meeting.
a. Matyas was present at this meeting and stated that the township's 1985
GMC truck could be repaired and painted instead of purchasing a new truck.
b. Matyas suggested that the board call for estimates.
c. The chairman of the supervisors stated that Matyas' idea to repair the truck
changed his mind from purchasing a new truck.
9. Minutes from the East Allen Township Board of Supervisors' October 27, 2003,
meeting include the following recorded discussion on repairing to [sic] the township
truck:
"R. Matyas stated that on the 1985 GMC both the rocker panels have
rusted, the floor has not been [sic], and the front fender needs to be
replaced. The truck seems to be in good mechanical condition. R.
Matyas said to get the 1985 truck rocker panel holes fixed and repair
the fender including painting the fender. The doors have some
surface rust and aside from that it is in good condition. He suggested
giving Piechota Auto Body a call for an estimate of repairs along with
another firm. R. Unangst.
Present: Matyas, Seiple, Unangst
Absent: Schwartz, Phillips
10. The board of supervisors put Matyas in charge of obtaining three bids for the repair
and repainting of the 1985 GMC truck.
11. At a workshop /budget meeting on January 15, 2004, Matyas informed the board
that he would continue to research and solicit bids for the repair of the truck.
12. Matyas took the township truck to the residence of Ernest Moser, 4645 Beagle
Drive, Walnutport, PA 18088, on February 12, 2004, for Moser to review the truck
and provide an estimate.
a. Moser was employed as a body repairman and auto mechanic at Outten
Chevrolet, Allentown, PA.
b. Moser has a large garage on the property which he uses to perform personal
vehicle repairs as a hobby.
c. Moser's garage has a paint booth where he can repaint vehicles.
13. Matyas has known Moser for approximately 8 years.
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14. Matyas became familiar with Moser's repair abilities as a result of repairs Moser
performed to Matyas' daughter's vehicle.
15. On February 14, 2004, Matyas filled out a repair order for the repair and repainting
of the 1985 GMC truck in the presence of Moser.
a. Matyas filled out a blank repair order form from his business and put the
business name and address of "E. Moser Ent., 59 Beagle Dr., Walnutport,
PA 180 , (484) 695 - 818," at the top.
16. E. Moser Enterprise is not a business registered with the Pennsylvania Department
of State.
17. Matyas gave three bids for the repair of the 1985 GMC truck to the board of
supervisors during their February 19, 2004, meeting. Bids were provided from:
a. Piechota Auto Repair $1,844.82 without sheet metal.
b. Berrysport from Catasauqua $1,939.16 without sheet metal.
c. Moser Enterprises from Walnutport $1,500 with sheet metal.
18. Minutes from the supervisors' February 19, 2004, meeting confirm Matyas made a
motion and then voted to approve awarding the repair contract to Moser Enterprises
for $1,500.
a. This motion passed by a 4 -1 margin with Supervisors Matyas, Schwartz,
Unangst, and Seiple voting yes and Phillips voting no.
19. Matyas personally took the vehicle from the township building and delivered it to
Moser's residence for Moser to repair and repaint the vehicle.
20. On or around the beginning of March 2004, Moser repaired and repainted the
township's 1985 GMC truck at his residence.
a. Repairs to the vehicle included replacing the front fenders, welding in new
rocker panels, replacing the floor pans, replacing the tailgate, and painting
the exterior.
b. Moser obtained new and used parts for the project.
21. Moser obtained the used parts for the repair from Outtin Chevrolet and Keystone
Motors.
a. Moser was employed by Outtin Chevrolet at the time.
b. Moser did not obtain any of the parts he used for repair of the vehicle from
Matyas or Airport Auto Sales.
22. Matyas assisted Moser in repairing the vehicle by repairing and /or replacing several
small vehicle parts.
a. Matyas returned the vehicle to the township following the repairs.
23. On or around March 23, 2004, Matyas submitted a repair order in the amount of
$1,500 from E. Moser Enterprises, to Annette Sterner, township secretary for
payment of repairs made to the township truck.
Matyas, 05 -027
Page 5
24. On or around March 23, 2004, Matyas submitted a bill totaling $175.50 for several
small parts from Airport Auto Sales Inc. for repairs to the township truck.
a. The small parts were for the interior of the vehicle that Matyas installed
himself.
25. The invoices from E. Moser Enterprises and Airport Auto Sales Inc. were submitted
for payment as part of the bill list portion of the treasurer's report during the
supervisors' meeting on April 15, 2004.
a. This bill list was unanimously approved by the board with Matyas
participating.
b. Township check numbers 21591 (Airport Auto Sales Inc.) and 21611 (E.
Moser Enterprises) coincided with this approval.
26. Township check numbers 21591 dated April 16, 2004, to Airport Auto Sales Inc.
and check number 21611 dated April 16, 2004, to E. Moser Enterprises were picked
up at the township building by Matyas on April 16 or 17, 2004.
a. Check number 21591 to Airport Auto Sales, Inc. was issued for $75.50
instead of $175.50, as expressed on the invoice, by error of the township.
27. Matyas requested Moser to come to his business, Airport Auto Sales, on April 17,
2004, to pick up the check.
28. On April 17, 2004, Matyas contacted Moser to give him the payment from the
township.
a. Moser met Matyas at Airport Auto Sales.
b. While at Airport Auto Sales, Moser saw a wrecked 1999 Dodge Avenger on
the lot.
29. Moser was interested in purchasing the wrecked car from Matyas for parts.
a. Moser was specifically interested in mechanical components including the
engine.
30. Moser negotiated a purchase price for the vehicle of $1,600.00 with Matyas.
31. Airport Auto Sales invoice number 1179 dated April 17, 2004, in the amount of
$1,600 was for the sale of an unspecified vehicle, VIN 4B3AU52N7XED49448 [sic
(see, Finding 34)] to Ernie Moser 4645 Beagle Drive, Walnutport, PA 18088.
a. Written under the description of vehicle is, "purchase parts car for engine,
etc. Vehicle has salvage title not for road use, parts only. Sold as is no
warranties."
b. Further notation on the receipt states "paid in full check & cash, thank you,
EA twp check."
32. The "EA Twp Check" references [sic] on the invoice was the East Allen Township
check number 21611 in the amount of $1,500 issued to E. Moser Enterprises.
33. Moser paid an additional $100 cash on this transaction; Moser endorsed over the
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township check issued to him to Airport Auto Sales.
a. The reverse side of this check is endorsed "E. Moser Ent, Earnest Moser,
Pay to Order of Airport Auto Sales."
b. This check was deposited into the Airport Auto Sales business account on
April 19, 2004.
34. The vehicle purchased by Moser was identified on the invoice only by its Vehicle
Identification Number (V.I.N.) 4B3AUE52NTXE049448 [sic (see, Finding 31)].
a. This V.I.N. was for a 1999 Dodge Avenger Commonwealth of Pennsylvania
Salvage Title Number 53847755902.
35. The Certificate of Salvage for a vehicle belonging to Airport Auto Sales, Inc., was
signed over to Ernest Moser on April 17, 2004, by Ron Matyas.
a. This document indicates a purchasing price of $1,600.
36. On July 12, 2004, the township's 1985 GMC pickup truck was in an accident which
caused extensive damage to the front end of the truck.
a. The damage to the truck was in excess of $2,500.00.
b. The township insurance carrier, Trident Insurance Company was inclined to
total the truck based on its age.
37. Matyas was placed in charge of researching the cost of repairing the vehicle as
opposed to replacing it during a budget workshop meeting held on September 9,
2004.
a. Matyas took the truck from the township garage to Collis Truck Parts, 4996
Nor -Bath Blvd., Northampton, PA for a repair quote.
1. Repairs needed were estimated in excess of $2,100.
38. Matyas in turn contacted Trident Insurance Company seeking a larger claim
settlement.
a. On November 5, 2004, Trident Insurance Company issued a check in the
amount of $4,116.50 for damages sustained to the township truck as a result
of Matyas' efforts.
b. Matyas' actions increased the insurance company's settlement amount from
approximately $2,500 to $4,116.50.
39. In and around the end of November 2004, Roger Unangst, chairman of the board of
supervisors, authorized Collis Truck Parts to begin repairing the body of the
township truck.
40. On January 12, 2005, the township received notification to pick up their [sic]
repaired truck from Collis Truck Parts.
a. Collis Auto Parts invoiced the township on January 12, 2005, in the amount
of $2,105.00 for the repairs.
b. Collis Truck Parts did not repaint the repaired areas of the truck.
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41. Once back at the township, Chairman Unangst authorized the Road Foreman, John
Polomchak, to prep the truck for painting at the township building in order to keep
the painting cost down for the vehicle.
a. Polomchak also was put in charge by Chairman Unangst to obtain estimates
for the painting of the township truck.
42. Polomchak attempted to contact E. Moser Enterprises, using contact information
from the first repair order.
a. Polomchak wanted to obtain an estimate on the painting of the truck from
Moser, since he previously painted the truck.
43. Polomchak contacted Matyas in order to get a contact number for E. Moser
Enterprises.
a. Matyas told Polomchak that he would take care of contacting Moser
indicating that Moser is difficult to get in contact with.
44. On January 25, 2005, Matyas took the township truck from the township's garage to
Moser in order to get an estimate.
a. Matyas delivered the truck to Moser's residence and directed him to paint it.
45. Moser painted the township truck at his residence on January 25, 2005, and
January 26, 2005.
a. On January 26, 2005, Matyas picked up the truck and returned it to the
township garage repainted.
46. Township Board of Supervisors minutes do not include any official action approving
the use of E. Moser for the painting of the vehicle.
47. Matyas filled out a repair order dated January 27, 2005, for the paint work
completed by Moser.
a. The heading on the repair order states that the job was done by "E. Moser."
b. This repair order contained the correct address and phone number of Ernest
Moser.
c. The invoice from "E. Moser" contained a subtotal of labor and parts of
$653.18 and a tax of $39.19 for a total of $692.37 as itemized.
1. Sanding of front end.
2. Seal front end and doors.
3. Apply three coats of paint to vehicle.
4. Buff truck to finish.
5. Add "4X4" decals and pinstripe.
48. Matyas submitted the Moser invoice to the board for payment during a board of
supervisors workshop meeting on January 27, 2005.
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49. Township Secretary Annette Sterner attempted to contact Moser on January 28,
2005, at his residence to inform him that the township is tax exempt and would not
be paying the tax.
a. Moser's invoice for $692.37 included $39.19 in sales tax.
b. Sterner left a message on the answering machine concerning E. Moser
Enterprises, and the tax on the invoice from the second repair.
50. Karen Moser, wife of Ernest Moser, responded with a message she left on the
township's answering machine at approximately 7:55 p.m. on January 28, 2005,
stating that she had no idea of what you (the township) are talking about."
51. Between January 29 and February 4, 2005, Sterner made several more attempts to
contact the Mosers via phone.
a. Moser did not respond to Sterner's messages.
52. On February 7, 2005, Sterner mailed a letter to Karen and Ernest Moser asking for
a social security number or taxpayer identification number for E. Moser Enterprises
so that the invoice could be approved for payment.
a. This letter asked for a response by February 10, 2005.
53. On or before February 9, 2005, the township received a sales and use tax
exemption certificate which contained the following information:
a. Name of seller or lessor: E. Moser Ent.
b. Address: 4645 Beagle Drive, Walnutport, PA 18088
c. Federal E.I.N.: 23- 2301041
54. The information included in this tax document was actually filled out by Matyas and
submitted to the township via mail by him.
55. On February 11, 2005, Sterner sent a letter via mail to Ernest and Karen Moser
stating that the township received the Sales and Use Tax Certificate but that the
township needed the proper W -9 form.
a. This was followed up by correspondence dated February 15, 2005,
requesting that the Mosers appear before the board of supervisors on March
17, 2005, at 7:30 p.m. to complete the payment of the repairs.
1. The letter also asked that the Mosers submit a W -9 form.
56. On or around March 8, 2005, Matyas met with Township Secretary Sterner inquiring
as to why Moser had not been paid, and what documentation was needed by the
township to pay Moser.
a. Sterner informed Matyas that the township needed a W -9 from Moser to
complete payment.
b. Moser did not request that Matyas make such an inquiry.
57. On March 9, 2005, the township received a completed W -9 dated March 8, 2005.
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Page 9
a. This document contained the following information:
1. Name: Ernest Moser
2. Business Name: E. Moser Enterprises
3. Address: 4645 Beagle Drive
Walnutport, PA 18088
4. Social Security Number: xxx- xx -xxxx
5. Employer Identification Number: xxx- xxx>ooc
58. The W -9 form submitted to the township in Moser's name confirmed the following
inaccuracies.
a. E. Moser Enterprises does not have an EIN.
59. The W -9 submitted to the township for Ernest Moser had whiteout covering the top
of the "4" in the Employer Identification Number provided for E. Moser Enterprises,
xx- xxx>oocx.
a. The original number appeared to be a "9 ".
b. Airport Auto Sales' Employer Identification Number is xx- xxx>000c.
60. Moser during a Sworn Statement with SEC Investigators on January 9, 2006,
denied filling out or sending either the W -9 form or Sales and use Exemption
Certificate form to East Allen Township.
61. To date East Allen Township has never approved or issued payment for the second
repair completed by Moser.
a. Neither Moser nor Matyas pursued payment of the second invoice.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS CONCERNING
MATYAS FAILING TO FILE STATEMENTS OF FINANCIAL INTERESTS AND FILING
DEFICIENT STATEMENTS OF FINANCIAL INTERESTS.
62. As supervisor for East Allen Township, Matyas was required annually to file a
Statement of Financial Interests form by the May 1 deadline, containing information
for the prior calendar year.
63. Statement of Financial Interests forms on file with the East Allen Township include
the following filings by Matyas:
a. Year: 2005
Filed: 03/07/05 on SEC -1 Rev. 1/05
Position: Supervisor
All Financial Information: Nothing disclosed
b. Year: 2004
Filed: 1/3/04 on SEC -1 Rev. 1/05
Position: Supervisor
All Financial Information: Nothing disclosed
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c. Year: 2003
Filed: 1/5/04 on SEC -1 Rev. 1/04
Position: Supervisor
All Financial Information: Nothing disclosed
d. Year: 2003
Filed: 1/2/03 on SEC -1 Rev. 1/03
Position: Supervisor
All Financial Information: Nothing disclosed
e. Year: 2001
Filed: 1/14/02 on SEC -1 Rev. 1/02
Position: Supervisor
All Financial Information: Nothing disclosed
f. Filed: 1/26/01 on SEC -1 Rev. 1/01
Position: Township Supervisor
Occupation: Sales and Rental Agent
Creditors: None
Direct /Indirect Sources of Income: None
All Other Financial Interests: None
64. There are no Statements of Financial Interests on file with the township for Matyas
for calendar year 2002.
a. The dates Matyas lists on forms filed [sic].
65. Matyas filed to disclose on any SFI's field [sic] with the township any financial
information including:
Line 10: Direct or Indirect Sources of Income
Line 13: Office, Directorship, or Employment in any business
Line 14: Financial Interests in any legal entity in business for profit
66. Matyas is President of Airport Road Rental Car and owner of Airport Auto Sales.
a. Matyas has received income in excess of $1,300 annually since calendar
year 2000 from both entities.
67. Matyas did not disclose on lines 10, 13, or 14 any source of income from his
business or his office, directorship, employment and financial interest in these
entities.
a. Matyas failed to disclose these interests and income on all five [sic] SFI's
filed between 2001 and 2005.
III. DISCUSSION:
As a Supervisor for East Allen Township ( "Township "), Northampton County, from
January 2000 through December 2005, Respondent Ronald J. Matyas (also referred to
herein as "Respondent," "Respondent Matyas," or "Matyas "), 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 allegations are that Respondent, in his capacity as a Township Supervisor,
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violated provisions of the Ethics Act:
(1) When he used the authority of his office for the private
pecuniary gain of himself and /or a business with which
he is associated by participating in discussions and
actions of the board regarding repairs to township
vehicles at a time when he and /or a business with
which he was associated was performing said services;
(2) When he participated in the approval process of issuing
payments to a company that subsequently endorsed
checks over to him;
(3) When contracts were issued for vehicle repairs that
went to his company without an open and public
process;
(4) When he failed to file a Statement of Financial Interests
for the 2000, 2002, and 2004 calendar years and then
filed a backdated Statement of Financial Interests for
the 2004 calendar year giving the appearance that the
form was timely filed; and
(5)
When he failed to disclose on Statements of Financial
Interests filed for the 2001 and 2003 calendar years
sources of income; office, directorship, or employment
in any business; and financial interests in any business
for profit.
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 Ethics Act defines the term "conflict" or "conflict of interest" 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.
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Section 1103(f) of the Ethics Act, which is not specifically cited in the Allegation but
is substantively referenced, provides as follows:
§ 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
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).
Sections 1104(a) and (d) of the Ethics Act provide as follows:
§ 1104. Statement of financial interests required to be filed
(a) Public official or public employee. - -Each public
official of the Commonwealth shall file a statement of financial
interests for the preceding calendar year with the commission
no later than May 1 of each year that he holds such a position
and of the year after he leaves such a position. Each public
employee and public official of the Commonwealth shall file a
statement of financial interests for the preceding calendar year
with the department, agency, body or bureau in which he is
employed or to which he is appointed or elected no later than
May 1 of each year that he holds such a position and of the
year after he leaves such a position. Any other public
employee or public official shall file a statement of financial
interests with the governing authority of the political
subdivision by which he is employed or within which he is
appointed or elected no later than May 1 of each year that he
holds such a position and of the year after he leaves such a
position. Persons who are full -time or part -time solicitors for
political subdivisions are required to file under this section.
(d) Failure to file required statement. - -No public
official shall be allowed to take the oath of office or enter or
continue upon his duties, nor shall he receive compensation
from public funds, unless he has filed a statement of financial
interests as required by this chapter.
65 Pa.C.S. §§ 1104(a), (d).
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Sections 1105(b)(5), (8) and (9) of the Ethics Act provide as follows:
§ 1105. Statement of financial interests
(b) Required information. - -The statement shall
include the following information for the prior calendar year
with regard to the person required to file the statement:
(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.
(8) Any office, directorship or
employment of any nature whatsoever in any
business entity.
(9) Any financial interest in any legal
entity engaged in business for profit.
65 Pa.C.S. §§ 1105(b)(5), (8), (9).
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 does not operate to make contracting with the
governmental body permissible where it is otherwise prohibited. Rather, where a public
official /public employee, his spouse or child, or a business with which he, his spouse or
child is associated, is otherwise appropriately contracting with the governmental body, or
subcontracting with any person who has been awarded a contract with the governmental
body, in an amount of $500.00 or more, Section 1103(f) requires that an "open and public
process" be observed as to the contract with the governmental body.
Pursuant to Section 1104(a) of the Ethics Act, each public official /public employee
must file a Statement of Financial Interests for the preceding calendar year, each year that
he holds the position and the year after he leaves it.
Section 1104(d) of the Ethics Act precludes a public official from taking office,
continuing with duties and receiving compensation without first filing the Statement of
Financial Interests as required by the Ethics Act.
Section 1105(b) of the Ethics Act details the substantive information that must be
disclosed on the Statement of Financial Interests form. Section 1105(b)(5) requires the
filer to disclose the name and address of any direct or indirect source of income totaling in
the aggregate $1,300 or more. Section 1105(b)(8) requires the filer to disclose any office,
directorship or employment of any nature whatsoever in any business entity. Section
1105(b)(9) requires the filer to disclose any financial interest in any legal entity engaged in
business for profit.
Matyas, 05 -027
Page 14
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.
Respondent Matyas served as a Township Supervisor from January 2000 through
December 2005.
In his private capacity, Matyas has been in the used car sales business and rental
car business since approximately 1984. Matyas owns and operates a used car sale and
rental business known as "Airport Road Rent -A- Car," located at 7250 Airport Road, Bath,
Pennsylvania. "Airport Road Rent -A -Car" is a fictitious name for the corporate entity,
"Airport Auto Sales, Inc." Respondent Matyas is identified on the fictitious name
application on file with the Pennsylvania Department of State as president of the business.
Airport Auto Sales, Inc. was incorporated on March 12, 1984. According to the
Stipulation of Findings, corporate papers identify Respondent Matyas as sole owner of the
business, but Matyas and his wife each have a 50% ownership interest in the business.
At the October 27, 2003, meeting of the Township Board of Supervisors, the
supervisors discussed purchasing a new truck for the Township's Parks Department.
Matyas was present at the meeting and stated that the Township's 1985 GMC truck
(hereinafter also referred to as the "Township truck ") could be repaired and painted
instead of purchasing a new truck. He suggested that the Board call for estimates. The
Board of Supervisors put Matyas in charge of obtaining three bids for the repair and
repainting of the 1985 GMC truck.
On February 12, 2004, Matyas took the Township truck to the residence of Ernest
Moser, an auto body repairman and auto mechanic, for Moser to review the truck and
provide an estimate. Matyas has known Moser for approximately 8 years. Moser has a
large garage and paint booth at his residence property.
On February 14, 2004, Matyas completed a repair order from his business directed
to "E. Moser Ent." for repair and repainting of the 1985 GMC truck. E. Moser Enterprise is
not a business registered with the Pennsylvania Department of State.
Subsequently, at the February 19, 2004, meeting of the Township Board of
Supervisors, Matyas presented three bids for the repair of the Township truck. The low bid
in the amount of $1,500 was from Moser Enterprises. Per the meeting minutes, Matyas
made a motion and voted to approve awarding the repair contract to Moser Enterprises for
$1,500. The motion carried by a vote of 4 -1.
On or around the beginning of March 2004, Moser repaired and repainted the
Township truck. Matyas assisted Moser with the repairs. Moser did not obtain any of the
parts he used for repair of the vehicle from Matyas or Airport Auto Sales.
On or around March 23, 2004, Matyas submitted to the Township Secretary a repair
order in the amount of $1,500 from E. Moser Enterprises for repairs to the Township truck
and a bill from Airport Auto Sales, Inc. totaling $175.50 for several small parts installed by
Matyas in the interior of the vehicle. Both invoices were included in a bill list that was
unanimously approved by the Board on April 15, 2004, with Matyas participating in the
vote.
In payment of the aforesaid repair order and bill, the Township issued check number
21591 dated April 16, 2004, to Airport Auto Sales, Inc. and check number 21611 dated
April 16, 2004, to E. Moser Enterprises. Due to an error on the part of the Township,
check number 21591 to Airport Auto Sales, Inc. was issued in the amount of $75.50
instead of $175.50. The Stipulated Findings do not indicate whether this error was ever
Matyas, 05 -027
Page 15
corrected.
Moser endorsed his check from the Township over to Airport Auto Sales as partial
payment for a wrecked 1999 Dodge Avenger that he purchased from Matyas. The sale of
the 1999 Dodge Avenger to Moser was documented by Airport Auto Sales invoice number
1179 dated April 17, 2004, and the Certificate of Salvage for the vehicle, which Matyas
signed over to Moser on April 17, 2004.
On July 12, 2004, the Township truck was in an accident that caused extensive
damage. The Township's insurance carrier was inclined to total the truck based upon its
age. Matyas was placed in charge of researching the cost of repairing the vehicle as
opposed to replacing it. Matyas obtained a repair quote from Collis Truck Parts. The cost
for the repairs was estimated in excess of $2,100. Matyas contacted the Township's
insurance carrier, and as a result of Matyas' efforts, the insurance company increased the
settlement amount from approximately S2,500 to $4,116.50.
Collis Truck Parts repaired the truck but did not repaint the repaired areas of the
truck. The Township Road Foreman, John Polomchak, was authorized to prepare the
Township truck for painting and to obtain estimates for the painting. Polomchak attempted
to contact E. Moser Enterprises, using contact information from the first repair order, to
obtain an estimate on the painting of the truck from Moser. Polomchak contacted Matyas
in order to get a contact number for E. Moser Enterprises. Matyas told Polomchak that he
would take care of contacting Moser, indicating that Moser is difficult to contact.
On January 25, 2005, Matyas took the Township truck from the Township's garage
to Moser's residence and directed Moser to paint it. The minutes of the meetings of the
Township Board of Supervisors do not include any official action approving the use of E.
Moser for the painting of the vehicle.
Moser painted the township truck at his residence on January 25, 2005, and
January 26, 2005. On January 26, 2005, Matyas picked up the truck and returned it to the
Township garage repainted.
Matyas filled out a repair order dated January 27, 2005, for the paint work
completed by Moser. The heading on the repair order states that the job was done by "E.
Moser." This repair order contained the correct address and phone number of Ernest
Moser. The invoice from "E. Moser" contained a subtotal of labor and parts of $653.18 and
a tax of $39.19 for a total of $692.37. Matyas submitted the Moser invoice to the Board for
payment on January 27, 2005.
Thereafter, as detailed in Findings 49 through 59,Township Secretary Annette
Sterner encountered difficulties in contacting Moser to finalize the transaction. The
documents that were ultimately submitted to the Township in response to Sterner's
requests, specifically, a Sales and Use Tax Certificate and W -9 form, contained
irregularities, particularly with regard to the listing of an invalid federal employer
identification number. Per the Stipulation of Findings, Matyas was involved in completing
and submitting to the Township at least one of these documents —the Sales and Use Tax
Certificate. During a Sworn Statement with Commission Investigators on January 9, 2006,
Moser denied filling out or sending either form to the Township.
In any event, the Township has never approved or issued payment for the second
repair completed by Moser, and neither Moser nor Matyas has pursued payment of the
second invoice.
Turning to the Stipulated Findings pertaining to Matyas' Statements of Financial
Interests, there are no Statements of Financial Interests for Matyas on file with the
Township for calendar year 2002.
Matyas, 05 -027
Page 16
Between 2001 and 2005, Matyas filed various Statements of Financial Interests with
the Township as detailed in Finding 63. All of the forms except for the form described at
Finding 63 f identified the particular calendar year for which they had been filed. None of
the forms were identified as being filings for calendar year 2000 or calendar year 2002.
The Statement of Financial Interests described at Finding 63 b, identified as being
for calendar year 2004, was clearly backdated. The coding on the form establishes that
the particular form that was used was not available until well after the January 3, 2004,
"filing" date listed on the form. (We parenthetically note that because the calendar year
2004 form was clearly backdated, the word "filed" as used by the parties in Findings 63 (a)-
(f) refers to the date listed by the Respondent on the respective form, and not necessarily
the actual filing date of the form.) Although the Stipulated Findings conclusively establish
that Respondent's calendar year 2004 form was backdated, they do not conclusively
establish the actual filing date. The parties have not stipulated to the actual filing date or
to an untimely filing of this particular form, and the version of the form that Respondent
used would have been available and in use prior to the May 1, 2005, filing deadline
applicable to filings for calendar year 2004.
Finally, we note that although Matyas is President of Airport Road Rental Car and
owner of Airport Auto Sales, Inc., and although, since 2000, Matyas has received income
in excess of $1,300 annually from both entities, on the Statements of Financial Interests
that Matyas filed with the Township between 2001 and 2005, he did not disclose on lines
10, 13, or 14 any source of income from the aforesaid business entities or his office,
directorship, employment and financial interest in them.
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 Matyas' participation and actions
regarding repairs to township vehicles as he did not
receive any private pecuniary benefit in relation to said
repairs; and
b. That no violation of Section 1103(a) of the Public
Official and Employee Ethics Law, 65 Pa.C.S. § 1103(a)
occurred when Matyas participated in approving checks
to a company, who [sic] subsequently endorsed such
checks over to him, as said payments related to the
purchase of a vehicle; and
c. That no violation of Section 1103(f) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. § 1103(f)
occurred regarding contracts being issued for vehicle
repairs as such work was performed by a business in
which he had no interest; and
d. That a violation of Sections 1104(a)(d) of the Public
Official and Employee Ethics Law, 65 Pa.C.S. §§
Matyas, 05 -027
Page 17
1104(a)(d) occurred when Matyas failed to file a
Statement of Financial Interests for the 2000, 2002, and
2004 calendar years; and
e. That a violation of Sections 1105(b)(5)(8)(9) of the
Public Official and Employee Ethics Law, 65 Pa. C.S.
§§ 1105(b)(5)(8)(9) occurred when Matyas filed a
backdated Statement of Financial Interests for the 2004
calendar year giving the appearance that the form was
timely filed; and when he failed to disclose on
Statements of Financial Interests filed for the 2001 and
2003 calendar years sources of income; office,
directorship, or employment in any business; and
financial interests in any business for profit.
4. Matyas agrees to make payment in the amount of $500 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.
Consent Agreement, ¶3 and ¶4.
In considering the Consent Agreement, we agree with the parties that the Stipulated
Findings do not establish any violations of Section 1103(a) of the Ethics Act.
With regard to Matyas' participation and actions regarding the repairs to the
Township truck, the Findings establish, at most, a de minimis payment to Matyas for
several small parts he installed in the interior of the Township truck. Findings 24 -26. Such
a de minimis payment would not support a violation of Section 1103(a) of the Ethics Act.
See, 65 Pa.C.S. § 1102 ( "conflict" or "conflict of interest "); Bixler v. State Ethics
Commission, 847 A.2d 785 (Pa. Commw. Ct. 2004). Accordingly, we hold that no violation
of Section 1103(a) of the Ethics Act occurred in relation to Matyas' participation and
actions regarding the repairs to Township vehicle(s) at issue in this case as Matyas did not
receive any private pecuniary benefit in relation to said repairs.
With regard to Matyas' participation in approving Township check number 21611
issued to E. Moser Enterprises, which Moser subsequently endorsed over to Airport Auto
Sales, the Findings establish that such endorsement of the check constituted a partial
payment for a wrecked vehicle Moser purchased from Matyas at the time Moser picked up
the check. Therefore, we hold that no violation of Section 1103(a) of the Ethics Act
occurred when Matyas participated in approving check(s) referenced in this case that were
issued to a company, E. Moser Enterprises, which subsequently endorsed such check(s)
over to Matyas, as said payment(s) related to Moser's purchase of a vehicle from Matyas.
The third recommendation of the Consent Agreement pertains to Section 1103(f) of
the Ethics Act. We agree with the parties that the Stipulated Findings in this case would
not support a violation of Section 1103(f) because the contracting valued at $500 or more
that occurred as to repairs /painting of the Township truck involved businesses in which
Matyas had no interest. Therefore, we hold that no violation of Section 1103(f) of the
Ethics Act occurred regarding contracts being issued for the vehicle repairs at issue in this
case as such work was performed by a business in which Matyas had no interest.
Turning to the recommended violations regarding Matyas' Statements of Financial
Interests, Matyas filed various Statements of Financial Interests with the Township as
detailed in Finding 63. None of the forms were identified as being filings for calendar year
2000 or calendar year 2002.
Matyas, 05 -027
Page 18
As for calendar year 2004, we note that paragraph 3 d of the Consent Agreement
states that the 2004 calendar year form was not filed, while paragraph 3 e of the Consent
Agreement states that the 2004 calendar year form was filed but was backdated. The
Stipulated Findings conclusively establish that the 2004 calendar year form was filed and
that it was backdated, but the Stipulated Findings do not establish whether the form was
filed after the May 1, 2005, filing deadline. We hold that a violation of Sections 1104(a)(d)
of the Ethics Act occurred when Matyas failed to file Statements of Financial Interests with
the Township for the 2000 and 2002 calendar years. While the exclusion of the calendar
year 2004 form from this particular violation does not follow the Consent Agreement, such
exclusion is to the benefit of Respondent and is not actionable.
We further hold that a violation of Sections 1105(b)(5)(8)(9) of the Ethics Act
occurred when Matyas filed a backdated Statement of Financial Interests for the 2004
calendar year and when he failed to disclose on Statements of Financial Interests filed for
the 2001 and 2003 calendar years sources of income; office, directorship, or employment
in any business; and financial interests in any business for profit. We note that although
the latter portion of this violation is limited in scope to the 2001 and 2003 calendar year
forms specifically referenced in the Allegation and Consent Agreement, it is clear from
Stipulated Finding 63 that the forms Matyas filed for calendar years 2004 and 2005 were
also deficient as to the requisite financial disclosure. We shall order Matyas to remedy all
of the delinquencies and deficiencies as to his Statements of Financial Interests for
calendar years 2000 through 2005.
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, Matyas is directed to make
payment in the amount of $500 in settlement of this matter payable to the Commonwealth
of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30 day
after the mailing date of this Order.
If he has not already done so, Respondent is directed to file with the Township
Statements of Financial Interests for calendar years 2000 and 2002 and amended
Statements of Financial Interests for calendar years 2001, 2003, 2004, and 2005,
providing as to all such forms accurate filing dates and full financial disclosure as required
by the Ethics Act, and to forward copies verifying such filings to this Commission by no
later than the thirtieth (30 day after the mailing date of this Order.
Compliance by Respondent as to the aforesaid payment to the Commonwealth of
Pennsylvania, the filing of Statements of Financial Interests for calendar years 2000 and
2002, and the filing of amended Statements of Financial Interests for calendar years 2001,
2003, 2004, and 2005 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. As a Supervisor for East Allen Township ( "Township ") from January 2000 through
December 2005, Respondent Ronald J. Matyas ( "Matyas ") has at all times relevant
to this matter been a public official subject to the provisions of the Ethics Act.
2. Matyas did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in
relation to his participation and actions regarding the repairs to Township vehicle(s)
at issue in this case as he did not receive any private pecuniary benefit in relation
to said repairs.
3. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Matyas participated in approving check(s) referenced in this case that were
Matyas, 05 -027
Page 19
issued to a company, E. Moser Enterprises, which subsequently endorsed such
check(s) over to Matyas, as said payment(s) related to Moser's purchase of a
vehicle from Matyas.
4. No violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred
regarding contracts being issued for the vehicle repairs at issue in this case as such
work was performed by a business in which Matyas had no interest.
5. Matyas violated Sections 1104(a)(d) of the Ethics Act, 65 Pa.C.S. §§ 1104(a)(d),
when he failed to file Statements of Financial Interests with the Township for the
2000 and 2002 calendar years.
6. Matyas violated Sections 1105(b)(5)(8)(9) of the Ethics Act, 65 Pa.C.S. §§
1105(b)(5)(8)(9), when he filed a backdated Statement of Financial Interests for the
2004 calendar year and when he failed to disclose on Statements of Financial
Interests filed for the 2001 and 2003 calendar years sources of income; office,
directorship, or employment in any business; and financial interests in any business
for profit.
In Re: Ronald J. Matyas,
Respondent
File Docket: 05 -027
Date Decided: 5/31/06
Date Mailed: 6/12/06
ORDER NO. 1398
1 Respondent Ronald J. Matyas ( "Matyas "), a public official in his capacity as a
Supervisor for East Allen Township ( "Township ") from January 2000 through
December 2005, did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. §
1103(a), in relation to his participation and actions regarding the repairs to
Township vehicle(s) at issue in this case as he did not receive any private
pecuniary benefit in relation to said repairs.
2. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Matyas participated in approving check(s) referenced in this case that were
issued to a company, E. Moser Enterprises, which subsequently endorsed such
check(s) over to Matyas, as said payment(s) related to Moser's purchase of a
vehicle from Matyas.
3. No violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred
regarding contracts being issued for the vehicle repairs at issue in this case as such
work was performed by a business in which Matyas had no interest.
4. Matyas violated Sections 1104(a)(d) of the Ethics Act, 65 Pa.C.S. §§ 1104(a)(d),
when he failed to file Statements of Financial Interests with the Township for the
2000 and 2002 calendar years.
5. Matyas violated Sections 1105(b)(5)(8)(9) of the Ethics Act, 65 Pa.C.S. §§
1105(b)(5)(8)(9), when he filed a backdated Statement of Financial Interests for the
2004 calendar year and when he failed to disclose on Statements of Financial
Interests filed for the 2001 and 2003 calendar years sources of income; office,
directorship, or employment in any business; and financial interests in any business
for profit.
6. Per the Consent Agreement of the parties, Matyas is directed to make payment in
the amount of $500 in settlement of this matter payable to the Commonwealth cf
Pennsylvania and forwarded to this Commission by no later than the thirtieth (30 )
day after the mailing date of this Order.
7 If he has not already done so, Respondent is directed to file with the Township
Statements of Financial Interests for calendar years 2000 and 2002 and amended
Statements of Financial Interests for calendar years 2001, 2003, 2004, and 2005,
providing as to all such forms accurate filing dates and full financial disclosure as
required by the Ethics Act, and to forward copies verifying such filings to this
Commission by no later than the thirtieth (30 day after the mailing date of this
Order.
8. Compliance by Respondent with Paragraphs 6 and 7 of this Order will result in the
closing of this case with no further action by this Commission. Non - compliance will
result in the institution of an order enforcement action.
BY THE COMMISSION,
Matyas, 05 -027
Page 21
Louis W. Fryman, Chair