HomeMy WebLinkAbout1412 WyrickIn Re: Daniel E. Wyrick,
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
05 -033
Order No. 1412
10/4/2006
10/20/2006
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding a possible violation of the Public Official and Employee Ethics
Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter
11, 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of
its investigation, the Investigative Division served upon Respondent written notice of the
specific allegation(s). Upon completion of its investigation, the Investigative Division
issued and served upon Respondent a Findings Report identified as an "Investigative
Complaint." An Answer was filed and a hearing was waived. The record is complete. A
Consent Agreement and Stipulation of Findings were submitted by the parties to the
Commission for consideration. The Stipulation of Findings is quoted as the Findings in
this Order. The Consent Agreement was subsequently approved.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter
11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989
and provides for the completion of pending matters under Act 93 of 1998.
This adjudication of the State Ethics Commission is issued under Act 93 of 1998
and will be made available as a public document thirty days after the mailing date noted
above. However, reconsideration may be requested. Any reconsideration request must be
received at this Commission within thirty days of the mailing date and must include a
detailed explanation of the reasons as to why reconsideration should be granted in
conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the
finality of this adjudication but will defer its public release pending action on the request by
the Commission.
The files in this case will remain confidential in accordance with Chapter 11 of Act
93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a
misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than
one year. Confidentiality does not preclude discussing this case with an attorney at law.
Wyrick, 05 -033
Page 2
I. ALLEGATION:
That Daniel Wyrick, a public official /public employee, in his capacity as Supervisor
for Dickinson Township, Cumberland County, violated provisions of the State Ethics Act
(Act 93 of 1998) 65 Pa.C.S. § §1103(a); 1105(b)(5) when he used the authority of his office
for a private pecuniary gain by submitting hours for compensation which were related to
his duties as a township supervisor, and when he participated in board actions approving
payments; and when he failed to disclose, on Statements of Financial Interests for 2003
and 2004 calendar years, all sources of income in excess of $1,300.
II. FINDINGS:
1. Daniel Wyrick has served as a Dickinson Township Supervisor, Cumberland
County, since January 5, 2004.
a. Wyrick was appointed as a part -time township laborer on January 5, 2004
and has served in both capacities to date.
2. Historically, all three members of the Dickinson Township Board of Supervisors
have been appointed to serve as part -time or full -time laborers.
a. Wyrick participated in board actions appointing himself to serve as a part -
time laborer on January 5, 2004 and January 3, 2005.
1. Both motions passed unanimously (3 -0).
3. Compensation for Dickinson Township Supervisors employed by the township is
annually set and approved by the Board of Auditors.
a. Auditor meeting minutes established the following part -time laborer wages.
1. 2004: $14.63 per hour.
2. 2005: $15.07 per hour.
4. Dickinson Township records include a general job description on file at the
township building for the position of part -time laborer. Specific duties for the
position include, but are not limited to, the following:
a. Pave, patch and repair Township streets and roadways using materials such
as asphalt, stone, dirt and concrete.
b. Install and repair street signs and markings.
c. Perform general maintenance and repair of Township curbs, sidewalks, and
drainage control systems.
d. Cut, fit, lay, repair, tap, clean, and flush storm drainage mains, and related
infrastructure.
e. Perform snow removal from Township properties and roadways using all
types of equipment from hand tools to heavy trucks and plows. Apply anti -
skid when needed.
f. Perform building and structure interior and exterior maintenances such as
cleaning, painting, replacing light bulbs and minor repairs.
Wyrick, 05 -033
Page 3
g. Assist in ground maintenance work such as planting, seeding, mowing, and
weeding, ground preparation and tree trimming.
h. Operate special purpose motorized equipment such as mowers, sweepers,
graders, backhoes, rollers, loaders and line paining equipment.
i. Perform routine maintenance and repair work on vehicles and equipment.
j. Participate in cleaning and checking equipment and tools after use.
k. Remove trash along roadways and empty trash containers from various
Township facilities.
Perform all duties in conformance with appropriate safety and security
standards.
5. Dickinson township's position of part -time laborer reports directly to the township
roadmaster.
a. This position serves on an as needed basis at the roadmaster's direction.
b. Part -time laborers do not have the authority to determine when they are
needed to work.
c. Dickinson Township did not prohibit a supervisor from also serving as a part -
time laborer in addition to fulfilling his /her supervisory function.
6. In addition to duties as a part -time laborer, Wyrick performed duties for the
township attributed to the position of supervisor, separate and apart from attending
board meetings.
7 Wyrick is annually compensated in the amount of $1,875 from Dickinson Township
for his position as supervisor.
a. This compensation is solely for duties performed as a township supervisor
and have no connection to part -time laborer wages received.
b. Other members of the board of supervisors are similarly compensated.
8. Section 65607 of the Second Class Township Code 53 P.S. § 65607 outline duties
for the position of supervisor. The position of supervisor has the following general
job duties:
a. Be charged with the general governance of the township and the execution
of legislative, executive and administrative powers in order to ensure sound
fiscal management and to secure the health, safety and welfare of the
citizens of the township.
b. Have the responsibility for maintenance of township -owned equipment and
facilities.
c. Employ persons as may be necessary for the general conduct of the
business of the township and provide for the compensation, organization and
supervision of the person so employed. Records shall be kept and reports
made and filed giving the names of all personals employed, dates on which
work was done and the number of hours worked with compensation paid to
each person and the capacity in which employed.
Wyrick, 05 -033
Page 4
d. Authorize attendance at conferences, institutes, schools, and conventions.
e. Annually, on or before the first day of February, furnish to the board of
auditors information on the construction or maintenance of roads or other
matters that may be required by any department of the Commonwealth to be
included in the annual township report.
f. Provide for the annual tax duplicate to be prepared and presented to the tax
collector.
Perform duties and exercise powers as may be imposed or conferred by law
or the rules and regulations of any agency of the Commonwealth.
9. Dickinson Township part -time employees are required to complete timesheets to
memorialize hours worked for payroll purposes. Timesheets are to include the
following information:
g.
a. Date and hours worked.
b. Description of the nature of the work which was completed.
c. The employee's name(s) who completed the work.
10. During 2004 and 2005, blank timesheets were located on top of a filing cabinet
located outside the secretary's office.
a. Completed timesheets are to be put in an out - basket also located on top of
the filing cabinet.
b. At the end of the township work week, which runs from Friday to Thursday,
the secretary collects the laborer's sheets and provides them to the
Roadmaster for review.
c. The Roadmaster is responsible for reviewing the sheets and verifying that
the laborer recorded the correct hours worked and duties performed.
d. If the Roadmaster determines that the sheet was true and correct he then
signs the verification line indicating that the sheet was approved for
payment.
e. Once approved, the Roadmaster forwards the timesheets to the treasurer for
payment.
f. The treasurer then enters the information from the timesheets into
QuickBooks so that a payroll check can be created.
11. Once the payroll checks are created, the treasurer has two supervisors approve
and sign the checks.
a. The supervisors are provided with the corresponding pay stubs to review the
hours worked and duties performed.
12. Once the supervisor reviewed the payroll payment, the supervisor would sign the
check authorizing payment to be made to the laborer.
a. Payroll payments are not approved at supervisor meetings on a bill list.
Wyrick, 05 -033
Page 5
b. Payroll payments are considered approved as a result of this process.
c. Approved checks require three signatures; the treasurer's and any two
supervisors.
1. All three supervisors have signature authority on township accounts.
13. Verification of the timesheets by the Roadmaster is not required to ensure payment.
a. Only the supervisors have the authority to deny payment.
14. James Slyder served as the Dickinson Township Roadmaster during 2004 and
2005.
a. In late 2004 Slyder would not verify timesheets submitted by Daniel Wyrick
because he believed that Wyrick was recording hours for pay that were
supervisory in nature.
b. Slyder did not have the authority to deny payment.
c. Slyder as Roadmaster was a subordinate employee to Wyrick as supervisor.
d. Wyrick received compensation in 2004 for the hours not verified by Slyder.
1. Wyrick, as a member of the board of supervisors, authorized the
payments.
15. Wyrick continued to submit timesheets for payment in 2005 which included hours
which were questioned by Slyder as being supervisory in nature.
a. Slyder refused to verify Wyrick's timesheets based on Slyder's belief that the
hours were supervisory in nature.
b. Wyrick was compensated in 2005 for hours questioned by Slyder.
16. On or about May of 2005 Slyder's duties with the township expanded to include
serving as the office manager.
a. Slyder continued to serve as the township's roadmaster.
17. In July 2005, Slyder had a discussion with Daniel Wyrick regarding Wyrick
requesting compensation for hours worked that were not consistent with the part -
time laborer job description.
a. Slyder informed Wyrick that he had not been verifying Wyrick's timesheets
due to the nature of the work Wyrick recorded for payment.
b. Wyrick informed Slyder that in mid 2004 he had contacted PSATS as well as
on subsequent occasions and it was Wyrick's belief that based on his
perception of the job description and information received from PSATS, he
could record hours for pay for the duties he was performing.
c. Slyder did not pursue the matter further with Wyrick.
18. Wyrick's receipt of compensation as a part -time laborer for performing supervisory
duties was questioned by Nanette Gillette, Audit Reviewer, Selective Insurance
y 05 -033
Page 6
Company during the fall of 2005.
a. Gillette was conducting an audit by mail on compensation received by
township workers.
b. The reason for the audit was to determine the level of workers compensation
coverage required for laborers and other township employees.
c. Gillette received payroll information from the township for all employees
including Wyrick.
d. Wyrick's actual compensation exceeded projections Gillette had for his
position as a supervisor.
19. As part of Gillette's audit, she had several phone conversations with Bertha Miller,
then secretary /treasurer, requesting clarification of duties performed by Wyrick for
workers compensation coverage coding.
a. Gillette did not question the validity of Wyrick's compensation but duties
performed.
20. On September 15, 2005, Nanette Gillette faxed Bertha Miller a letter indicating that
Daniel Wyrick was paid $1,310.06 over the compensation he receives as
supervisor.
a. This letter referenced a mail audit that was conducted to determine if the
workman's comp premium for the township needed to be adjusted for
individuals who were working for the township in positions that were covered
based upon the duties they perform.
b. Gillette calculated that the $1,310.06 was paid to Wyrick for tasks which
were wholly supervisory and not labor related.
1. Elected supervisors are not covered by workman's compensation,
therefore, their earnings as a supervisor are subtracted from any
other compensation they receive to create the township's premium.
c. Gillette coded Wyrick's extra earnings under the clerical class code of 0953,
based upon information she received from Miller indicating that Wyrick
received additional compensation for performing duties that were clerical in
nature.
d. Gillette relied solely on information provided by the township for her
determination.
21. Gillette's September 15, 2005 letter received comments from Supervisors Tom
Patterson and August Ginter, who sought additional information, and Solicitor
Marcus McKnight, who had concerns, regarding the amount that was being paid to
Wyrick over and above the compensation he received as a supervisor based upon
the audit performed by Selective Insurance.
22. As a result of the September 19, 2005 supervisor meeting, Wyrick's timesheets
from 2004 to 2005 were provided to Solicitor McKnight for review.
a. This was done in response to the Selective Insurance letter to determine
what duties Wyrick was performing to merit $1,310.60.
Wyrick, 05 -033
Page 7
b. Wyrick was present at this meeting.
c. Wyrick reported to the board his belief that the hours he was compensated
for were appropriate.
d. Wyrick admitted to claiming hours for attending staff meetings.
23. Solicitor McKnight reviewed Daniel Wyrick's timesheets for 2004 to 2005.
a. The basis for this review was to determine the validity of hours charged by
Wyrick.
b. Based on McKnight's review, he determined that in 2004, Wyrick charged
the township $868.01 for services related to his duties as a township
supervisor.
c. Based on McKnight's review, he additionally determined that in 2005, Wyrick
charged the township $188.38 for services that related to his duties as
supervisor.
24. At the October 3, 2005 supervisor meeting, Solicitor McKnight informed Wyrick that
he billed the township $1,056.39 for duties that were supervisory in nature, and not
related to part -time laborer duties.
a. As a result of Solicitor McKnight's review, Wyrick was requested to repay the
township $1,056.39.
25. Wyrick obtained and reviewed Solicitor McKnight's determination of hours he
received compensation for not consistent with township code.
a. Wyrick responded to Solicitor McKnight's review by way of correspondence
dated November 11, 2005.
26. Wyrick's November 11, 2005 response was received by township secretary Bertha
Miller on November 12, 2005.
a. Wyrick's response contained the following:
"I have reviewed and considered Solicitor McKnight's interpretation
and calculation of compensation he deems to have been erroneously paid to
me. His calculation was purportedly made at the request of the two
remaining members of the Board of Supervisors. Although I acted upon
what I considered to be competent advice as to the propriety of the
questioned compensation, it is my desire to conclude this matter amicably
and in the best interest of our resident.
I find his calculation to be in error in that certain payments were
unquestionably authorized by law. I have enclosed my personal check in
the amount of $707.71 representing reimbursement for 37.25 hours at the
rate of $14.64 per hour in 2004 and 10.75 hours at the rate of $15.07 per
hour for 2005. If the remaining supervisors continue to have disagreement
as to the amount of their claim for reimbursement, kindly have them advise
me as to the particulars and I will consider this matter further.
This payment shall not be construed as an admission of liability,
which is denied, but shall be considered as an offer to compromise a
disputed claim. Further, nothing in this memo shall be construed as an
Wyrick, 05 -033
Page 8
admission of liability."
27. Wyrick included personal check ( #4378) in the amount of $707.71 dated November
11, 2005 payable to the township along with his letter.
a. Wyrick indicated on the check that the payment was
Reimbursement."
28. Wyrick identified the following hours and duties performed as being supervisory in
nature for the purpose of making his reimbursement payment.
a.
Date
Worked
01/16/04
01/19/04
01/30/04
04/6/04
04/14/04 2.5
04/28/04 0.5
04/30/04 1.0
05/12/04 2.5
05/14/04 1.5
05/28/04 2.5
06/04/04 3.0
06/14/04 2.25
07/09/04 3.0
07/22/04 1.0
07/30/04 3.0
08/11/04 4.0
09/15/04 3.0
10/27/04 2.5
2004
Total
01/19/05
03/02/05
7/27/05
Hours Work Description
Claimed
1.5
1.0
1.5
4.0
40.25
1.50
3.50
0.50
Reviewed minutes for Bert to re -type
Review Insurance program, change presentation
Reviewed minutes and corrected for Bert
Reviewed minutes of 3/15 meeting with Bert for
accuracy and found tape of end of meeting
missing. Reviewed security code and spoke with
roadmaster regarding working questions,
benefits, etc.
Office /Employee Meeting
Office /Employee Meeting
SEO /Zoning Officer building review, roadmaster
review, secretary review
Staff Office Meeting
Office review and details with secretary, Z0 /SEO,
and roadmaster
Office and staff meeting
Supervisor Meeting
Staff meeting for handbook
Staff meeting reviewed benefits, budget,
equipment
Staff Meeting
Staff meeting, Morgan Stanley, JCB, Personnel
Manual, P &R review
Staff meeting, personnel manual, investments,
LTAP
Staff meeting, Pitney Bowes, Morgan Stanley
Budget dates. Inspected milling machine on
torway
Staff Meeting, Reviews, pay, handbooks, Part -
time clerk, full -time Daniels
400.16 Code, Staff Meeting
Staff Meeting & CPA de -brief
Staff Meeting
for "Wage
Verified By
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
James Slyder
Not Verified
James Slyder
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
James Slyder
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Wyrick, 05 -033
Page 9
7/27/05 0.50
8/10/05 2.50
9/1/05 2.25
2005 10.75
Total
a. 2004:
01/29/04 1.5
01/30/04 1.5
02/24/04 3.0
04/6/04 4.0
Staff Meeting
Staff Meeting
Staff Meeting
b. 2004 calendar year, 40.25 hours at $14.63 per hour, total $588.86.
c. 2005 calendar year, 10.75 hours at $15.07 per hour, total $162.00.
d. 2004 and 2005 total $750.86.
29. Wyrick alleges that the reimbursement payment in the amount of $707.71 correctly
accounts for all hours he deems potentially supervisory in nature. The actual
amount of reimbursement owed ranges between $707.71 and $1,310.60.
a. Wyrick's handwritten chart from which he calculates the reimbursement does
not include the hours for the 9/15/04 timesheet (2 hours recorded, 3 hours
actual) and does not include the 10/27/04 timesheet of 2.5 hours.
b. These differences account for the discrepancy between the check provided
to the township and total hours listed in paragraph 34.
30. Wyrick's reimbursement check was never cashed by Dickinson Township.
a. The check was never cashed because full payment was not being made by
Wyrick to the township as determined by Solicitor McKnight.
b. To date, no other restitution has been made to the township by Wyrick.
31. A review of his timesheets identified the following duties Wyrick received laborer
wages for during 2004 and 2005, all of which were arguably supervisory in nature.
Date Hours Work Description
Worked Claimed
01/15/04 2.0
01/16/04 1.5
01/19/04 1.0
Public Officials Day at Farm Show
Reviewed minutes for Bert to re -type
Review Insurance program, change
presentation
Commissioner Open House at Carlisle
Theatre
Reviewed minutes and corrected for Bert
Municipal Advisory Board Meeting
attendance
Reviewed minutes of 3/15 meeting with
Bert for accuracy and found tape of end of
meeting missing. Reviewed security code
and spoke with roadmaster regarding
working questions, benefits, etc.
Verified By
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Wyrick, 05 -033
Page 10
04/14/04 2.5
04/28/04 0.5
04/30/04 1.0
05/12/04 2.5
05/14/04 1.5
05/25/04 2.0
05/28/04 2.5
06/04/04 3.0
06/05/04 1.0
06/07/04 3.0
06/14/04 2.25
07/09/04 3.0
07/14/04 3.0
07/16/04 2.0
07/22/04 1.0
07/30/04 3.0
08/11/04
09/15/04
09/28/04 3.0
10/08/04 2.0
10/21/04
10/27/04
Reviewed roadmaster plans for James Slyder
equipment, SEO review, Personnel
Manual review
Staff Meeting Not Verified
Staff meeting, Morgan Stanley, JCB, James Slyder
Personnel Manual, P &R review
4.0 Staff meeting, personnel manual, Not Verified
investments, LTAP
3.0 Staff meeting, Pitney Bowes, Morgan Not Verified
Stanley Budget dates. Inspected milling
machine on torway
Municipal Advisory Board Meeting Not Verified
800 M by phone system
presentation
Planning review with roadmaster, clerical Not Verified
help with Bert for budget
2.5 Dawood Land Development meeting at Not Verified
North Middleton Township Building
2.5 Staff Meeting, Reviews, pay, handbooks, Not Verified
Part -time clerk, full -time Daniels
65.25
b. 2005:
Date Hours
Worked Claimed
01/19/05 1.50
3/1/05 1.50
03/02/05 3.50
03/23/05 3.00
5/25/05 2.5
Office /Employee Meeting
Office /Employee Meeting
SEO /Zoning Officer building review,
roadmaster review, secretary review
Staff Office Meeting
Office review and details with secretary,
Z0 /SEO, and roadmaster
Municipal Advisory Board Meeting
Office and staff meeting
Supervisor Meeting
Zoning meeting with Gary Mullen for
Denise Meadows
Reviewed zoning issues with Jonathan
and Bob and Gary Mullen
Staff meeting for handbook
Staff meeting reviewed benefits, budget,
equipment
Equipment Demo
Work Description
400.16 Code, Staff Meeting
Road Survey
Staff Meeting & CPA de -brief
Municipal Advisory Board Meeting
Municipal Advisory Board Meeting
Not Verified
James Slyder
Not Verified
James Slyder
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Verified By
Not Verified
Not Verified
Not Verified
Not Verified
Not Verified
Wyrick, 05 -033
Page 11
7/13/05 1.75 Staff Meeting Not Verified
7/27/05 0.50 Staff Meeting Not Verified
7/27/05 0.50 Staff Meeting Not Verified
8/10/05 2.50 Staff Meeting Not Verified
8/23/05 2.00 MAB Meeting Not Verified
9/1/05 2.25 Staff Meeting Not Verified
21.5
32. Wyrick received compensation for 65.25 hours of work at the hourly rate of $14.63
during 2004; totaling $954.61.
33. Wyrick received compensation for 21.5 hours of work at the hourly rate of $15.07
during 2005; totaling $324.01.
34. Wyrick received total payments of $1,278.62 as a result of compensation he
received for while collecting part -time laborer wages during 2004 and 2005.
35. Wyrick in his official capacity as a Dickinson Township supervisor signed the front
side of (9) checks totaling $500.79 approving payment to him for laborer wages.
Checks signed include:
Check # Date Amount Paid Timesheet Dated
2992 2/13/04 $ 33.58 no timesheet, pay stub indicates 3.0 hours
paid for snow removal
3092 3/12/04 $ 38.58 2/24/04
3335 6/4/04 $ 32.04 5/28/04
3359 6/18/04 $116.68 6/4/04, 6/5/04, 6/7/04, 6/14/04
3436 7/16/04 $ 76.88 7/9/04, 7/14/04
3497 7/30/04 $ 38.44 7/16/04, 7/22/04
3662 9/24/04 $ 38.45 9/15/04
3716 10/8/04 $100.52 no timesheet, pay stub indicates 8 hours
paid for county convention
3760 10/22/04 $ 25.62 10/8/04
$500.79
36. Wyrick in his official capacity as a Dickinson Township Supervisor was annually
required to file a Statement of Financial Interests form by May 1, containing
information for the prior calendar year.
37. Statements of Financial Interests forms on file with Dickinson Township include the
following filings by Wyrick.
Calendar Year: 2002
Filed: 2/10/03 on SEC form 01/02
Position: Township Auditor
Creditors: Legacy Bank 5 %, GMAC .9 %, GMAC 5.75 %, Discover Card 11.47%
Direct /Indirect Income: Keller Equipment Sales, P.O. Box 173, Loganville, PA; Hershey
Foods -stock sales, Rent Income - Ned Snyder, Doug Younger,
Brian Barton, Helen Heiges, Jason Seuay, David Wayland
All other financial interests: None
Calendar Year: 2003
Filed: 12/4/03 on SEC form 01/03
Position: Township Supervisor
Creditors: Legacy Bank 5 %, Postmark C.U. 4.75 %, GMAC .9 %, Providian 0 %, Kubota 3%
Direct /Indirect Income: Keller Equipment Sales, 100 Leader Hghts Rd, York; Rental
Wyrick, 05 -033
Page 12
Income — Snyder, Younger, Barton, Rose of Sharon - Etters,
Wayland, Floyd, Tharan, 846 Alexander Sprg Rd- Carlisle.
All other financial interests: None
Calendar Year: 2004
Filed: 3/24/05 on SEC form 01/05
Position: Township Supervisor
Creditors: Legacy Bank 5 %, Postmark C.U. 4.75 %, GMAC .9 %, Kubota 3%
Direct /Indirect Income: Keller Equipment Sales, 100 Leader Hghts Rd, York;
Rental Income — Snyder, Blum /Fuller, Barton -Rose of Sharon -
Etters, Wayland, Floyd, Zucker, 846 Alexander Sprg Rd - Carlisle
All other financial interests: None
38. Wyrick did not disclose Dickinson Township as a source of income received in
excess of $1,300 on his SFI filed for calendar year 2004.
a. W -2 wage and tax forms on file with Dickinson Township include gross
wages for Wyrick of $3,462.23 received during the 2004 calendar year.
39. On November 21, 2005, after being notified that an investigation was being
conducted, Daniel Wyrick submitted a revised SFI for calendar year 2004 which
disclosed Dickinson Township as a direct source of income. Wyrick purports that
he was unaware of an error concerning his Statement of Financial Interests until he
was notified of such.
a. Wyrick received compensation from Dickinson Township as a township
supervisor in the amount of $1,875.00 during the 2004 calendar year while
having not properly completed Statement of Financial Interests forms on file
with the township.
40. Wyrick potentially realized a private pecuniary gain ranging from approximately
$707.71 to $1,278.62 as a result of compensation he received for performing
supervisory duties while collecting part -time laborer wages during 2004 and 2005.
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Daniel E. Wyrick, (Wyrick), 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 Daniel Wyrick, as a Dickinson Township Supervisor,
Cumberland County, violated Sections 1103(a) and 1105(b)(5) of the Ethics Act when he
submitted hours for compensation that were related to his duties as a township supervisor,
and when he participated in board actions approving payments; and when he failed to
disclose, on Statements of Financial Interests (SFIs) for 2003 and 2004 calendar years, all
sources of income in excess of $1,300.
Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest.
The term "conflict of interest" is defined under Act 93 of 1998 as follows:
Section 1102. Definitions
Wyrick, 05 -033
Page 13
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. "Conflict" or "conflict of interest" does not
include an action having a de minimis economic impact or
which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry,
occupation or other group which includes the public official or
public employee, a member of his immediate family or a
business with which he or a member of his immediate family is
associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official /public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
§ 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 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.
Wyrick has served as a Supervisor and appointed part -time Township laborer in
Dickinson Township since January 2004. Wyrick's compensation as a Township laborer
was set by the auditors at $14.63 per hour for 2004 and $15.07 per hour for 2005.
As an elected Township Supervisor, Wyrick's duties are delineated in the Second
Class Township Code. See, Fact Finding 8. Wyrick performed administrative duties
relative to his position as elected Supervisor in addition to attending Board meetings.
Along with the other supervisors, Wyrick received an annual compensation of $1,875 as a
Dickinson Township Supervisor.
Wyrick, 05 -033
Page 14
As a part -time laborer, Wyrick has duties and responsibilities of inter alia working
on the Township roads; installing and repairing street signs; performing general
maintenance of curbs, sidewalks and drainage systems; working on storm drainage mains
and related infrastructure; performing snow removal; maintaining Township buildings;
performing outdoor work on the grass and various plantings; operating and maintaining
Township vehicles and equipment; removing trash; and performing other delineated duties.
Part -time employees of Dickinson Township are required to complete time sheets
that delineate the date and hours worked and the description of the work completed. At
the end of the work week, the secretary collects the time sheets and provides them to the
road master for review. If the road master determines that the time sheets are accurate, he
will sign and thereby verify that the time sheet was approved for payment. The road
master forwards the time sheets to the Treasurer, who enters the information so that a
payroll check can be issued. After two supervisors approve the checks, two supervisors
and the Treasurer sign the checks. The payroll payments are not included on the bills list
that is approved at supervisors' meetings.
In 2004, the road master would not verify the time sheets of Wyrick because Wyrick
recorded hours for pay that related to his elected office of supervisor. However, the road
master as a subordinate employee could not deny payments because only the supervisors
had the authority to take such action. Wyrick continued to submit time sheets for payment
into the year 2005 that were still questioned by the road master on that same basis. When
the road master had a discussion with Wyrick regarding his compensation as a part -time
laborer, Wyrick advised that he contacted PSATS and received information that he could
receive compensation for the duties listed on his time sheets.
During the Fall of 2005, an audit reviewer questioned Wyrick's receipt of
compensation as a part -time laborer for performing supervisor duties. Subsequently, the
audit reviewer concluded that Wyrick was paid $1,310.06 in excess compensation for
actions that were supervisory rather than labor related. After the other two supervisors
were informed about Wyrick's compensation issue, Wyrick's time sheets for 2004 and
2005 were provided to the Township Solicitor for review. The Solicitor determined that
Wyrick received $868.01 for performing administrative duties as a Township Supervisor in
2004 and $188.38 in 2005. The Solicitor concluded that Wyrick billed the Township in
those two years in the amount of $1,056.39 for performing duties that were administrative
supervisor functions.
Wyrick responded in writing to the charge that he received unauthorized
compensation. Wyrick stated that he reviewed the Solicitor's work and concluded that the
payments were authorized. Wyrick offered to submit a payment of $707.71 to resolve the
matter without any admission of liability. The actions that Wyrick identified as being
supervisory in nature are identified in Fact Finding 28. The Township has not cashed the
check that Wyrick tendered as wage reimbursement.
A separate review of the time sheets of Wyrick for the years 2004 and 2005 was
prepared that sets forth the duties Wyrick performed that were arguably supervisor related.
See, Fact Finding 31. Using that review as the basis for the hourly wages paid to Wyrick
for performing supervisor duties, the total amount of excess compensation that Wyrick
received as a part -time laborer for performing supervisor duties would be $1,278.62. See,
fact Findings 32 -34. Lastly, Wyrick, as a supervisor, co- signed the front of nine checks
totaling $500.79 that were issued to him as a Township employee /laborer.
As a supervisor, Wyrick is required to annually file SFIs. For the calendar years
2003 and 2004, Wyrick listed creditors, sources of income and checked "none" for all other
financial interest categories. We do note from the stipulated findings that Wyrick failed to
list the Township as a source of income in excess of $1300 on his 2004 calendar year SFI.
We also note that Wyrick was not a supervisor in calendar year 2003 in that he has
served as a supervisor since only January of 2004.
Wyrick, 05 -033
Page 15
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
"3. The Investigative Division will recommend the following in relation to
the above allegations:
a. That a violation of Section 1103(a) of the Public Official and
Employee Ethics Law, 65 Pa.C.S. §1103(a) occurred in
relation to Wyrick's submission of hours for compensation,
which were related to his duties as a township supervisor; and
b. 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 Wyrick's approval of payments; and
c. 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 Wyrick failing to disclose on his
Statements of Financial Interests for calendar years 2003 and
2004, all sources of income in excess of $1,300.
4. Wyrick agrees to make payment in the amount of $1,000 in settlement
of this matter payable to Dickinson Township and forwarded to the
Pennsylvania State Ethics Commission within thirty (30) days of the
issuance of the final adjudication in this matter.
5. Wyrick agrees to file amended Statements of Financial Interests,
within thirty days of the date of the Commission's Order, correcting all
deficiencies identified in the Findings of Fact."
Consent Agreement, ¶ ¶3 -5.
In applying Section 1103(a) of the Ethics Act to the stipulated findings of record,
there were uses of authority of office on the part of Wyrick. But for the fact that Wyrick
was a supervisor, he would not have been in a position to submit time sheets to the road
master that not only included hours worked as a part -time laborer, but also hours for which
he performed administrative duties as an elected supervisor. Such actions were uses of
authority of office. See, Juliante, Order 809. The uses of authority of office resulted in
pecuniary benefits consisting of the wages that Wyrick received as a working Township
employee for duties that he performed as the elected Township Supervisor. Given that the
receipt of such compensation is not authorized under the Second Class Township Code,
the pecuniary benefits were private. Lastly, the private pecuniary benefits inured to Wyrick
himself. Accordingly, Wyrick violated Section 1103(a) of the Ethics Act when he submitted
hours for compensation that related to his duties as a Township Supervisor rather than as
a working Township employee. See, Hessinger, Order 931.
In addition, there were uses of authority of office on the part of Wyrick in
participating in approving payments for duties that he claimed as a working part -time
laborer that, in fact, related to administrative duties as an elected Township Supervisor.
Such uses of authority of office resulted in private pecuniary benefits to Wyrick as noted
above. Accordingly, Wyrick violated Section 1103(a) of the Ethics Act when he approved
payments to himself for compensation claimed as a working part -time Township laborer
Wyrick, 05 -033
Page 16
that related to administrative duties he performed as an elected Supervisor. See, Nader,
Order 1339.
As to the SFIs that Wyrick filed for the calendar years 2003 and 2004, the record
reflects the failure of Wyrick to list the Township as a source of income for the calendar
year 2004. There is no such listing for the calendar year 2003 but Wyrick was not a
supervisor during that time. Accordingly, Wyrick technically violated Section 1105(b)(5) of
the Ethics Act by failing to disclose all sources of income in excess of $1,300 on his SFI for
the calendar year 2004. See, Benson, Order 1344.
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, Wyrick is directed to make
payment in the amount of $1,000 in settlement of this matter payable to Dickinson
Township and forwarded to this Commission within thirty (30) days of the issuance of the
final adjudication. Compliance with the foregoing will result in the closing of this case with
no further action by this Commission. Noncompliance will result in the institution of an
order enforcement action.
IV. CONCLUSIONS OF LAW:
1. Daniel E. Wyrick, as Supervisor for Dickinson Township, Cumberland County, is a
public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of
1998.
2. Wyrick violated Section 1103(a) of the Ethics Act when he submitted hours for
compensation that related to his duties as a Township Supervisor rather than as a
working Township employee.
3. Wyrick violated Section 1103(a) of the Ethics Act when he approved payments to
himself for compensation claimed as a working part -time Township laborer that
related to administrative duties he performed as an elected Supervisor.
4. Wyrick technically violated Section 1105(b)(5) of the Ethics Act by failing to
disclose all sources of income in excess of $1,300 on his SFI for the calendar year
2004.
In Re: Daniel E. Wyrick,
Respondent
ORDER NO. 1412
File Docket: 05 -033
Date Decided: 10/4/2006
Date Mailed: 10/20/2006
1 Daniel E. Wyrick, as Supervisor for Dickinson Township, Cumberland County,
violated Section 1103(a) of the Ethics Act when he submitted hours for
compensation that related to his duties as a Township Supervisor rather than as a
working Township employee.
2. Wyrick violated Section 1103(a) of the Ethics Act when he approved payments to
himself for compensation claimed as a working part -time Township laborer that
related to administrative duties he performed as an elected Supervisor.
3. Wyrick technically violated Section 1105(b)(5) of the Ethics Act by failing to
disclose all sources of income in excess of $1,300 on his Statement of Financial
Interests for the calendar year 2004.
4. Per the Consent Agreement of the parties, Wyrick is directed to make payment in
the amount of $1,000 in settlement of this matter payable to Dickinson Township
and forwarded to this Commission within thirty (30) days of the issuance of the final
adjudication.
a. Compliance with the foregoing will result in the closing of this case with no
further action by this Commission.
b. Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair