HomeMy WebLinkAbout1423 GorrIn Re: Thomas Gorr,
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
Nicholas A. Colafella
Reverend Scott Pilarz
06 -004
Order No. 1423
1/8/07
1/23/07
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding a possible violation of the Public Official and Employee Ethics
Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the
commencement of its investigation, the Investigative Division served upon Respondent
written notice of the specific allegations. Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an "Investigative Complaint." An Answer was not filed and a hearing was waived. A
Stipulation of Findings and a Consent Agreement were submitted by the parties to the
Commission for consideration. The record is complete. The Stipulation of Findings is
quoted as the Findings in this Order. The Consent Agreement has been approved.
This adjudication of the State Ethics Commission is issued under the Ethics Act and
will be made available as a public document thirty days after the mailing date noted above.
However, reconsideration may be requested. Any reconsideration request must be
received at this Commission within thirty days of the mailing date and must include a
detailed explanation of the reasons as to why reconsideration should be granted in
conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the
finality of this adjudication but will defer its public release pending action on the request by
the Commission.
The files in this case will remain confidential in accordance with the Ethics Act. Any
person who violates such confidentiality commits a misdemeanor and, upon conviction,
may be 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.
Gorr, 06 -004
Page 2
I. ALLEGATION:
That Thomas Gorr, a public official /public employee, in his capacity as a Supervisor
for Upper Macungie Township, Lehigh County violated Sections 1103(a) and 1105(b)
provisions of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. § §1103(a) and 1105(b)
when he used the authority of his public position for the private pecuniary gain of himself
and /or a member of his immediate family when he claimed expenditures and received
reimbursement from the township for spousal expenses for attendance at conventions and
seminars; and when he has been compensated for duties not related to any township
position; when he utilized a township credit card to make purchases of a personal nature;
and when he failed to disclose on Statements of Financial Interests filed for the 2001,
2002, 2003, and 2004 calendar years all sources of income in excess of $1,300 annually.
II. FINDINGS:
1. Thomas Gorr served as a Supervisor for Upper Macungie Township from
approximately January 1994 to July 28, 2006.
a. Upper Macungie Township is a second class township with a three member
board.
b. Gorr also served as the secretary /treasurer and Roadmaster during this time
frame.
c. Gorr served as Business Administrator for the township from January 1994
to January 2001, and then from December 2005 till July 28, 2006.
d. Gorr resigned as supervisor effective July 28, 2006.
2. As the Secretary /Treasurer for the Board of Supervisors of Upper Macungie
Township, Gorr performed the following duties.
a. Attend monthly board of supervisors meetings.
b. Produces and approves monthly treasurer's reports.
c. Produces and approves monthly meeting minutes.
d. Sign the checks on behalf of the township.
3. As business administrator, Gorr had the following responsibilities and duties.
a. Overseeing and directing the daily activities of the township and its
employees.
b. Receive invoices and create checks to be issued.
c. Produces and maintains bill list of all township expenses.
d. No job description existed with the township for this position.
4. Upper Macungie Township Board of Supervisors hold [sic] one regular meeting per
month.
5. In preparation for the supervisors monthly meetings, bills to be paid by the township
are gathered and reviewed by the supervisors, in order to sign the payment checks.
Gorr, 06 -004
Page 3
a. This review would include bills from MasterCard.
b. This review occurs prior to the formation of a formal bill list and treasurer's
report.
c. The township issues checks to pay all bills that are received for purchases,
utilities, and other expenditures.
d. Gorr was responsible for preparing the monthly bill lists and treasurers
report.
6. Following the review of bills, the payment checks are signed by two of the township
supervisors.
a. All three supervisors have signature authority on the township's general fund
account.
b. A majority of all township checks are signed by Supervisor Thomas Gorr and
Porter Krisher.
c. The final approval of township checks occur [sic] at monthly supervisors
meeting.
7 The treasurer's report is given by Supervisor Gorr at each meeting.
a. The treasurer's report details the balances in each township account, as well
as a reading of the bill list.
b. Township bill lists include all expenditures for the month, including the check
amount, check numbers, and recipient.
c. The bill list includes a monthly check for purchases from all three
MasterCard invoices.
d. A copy of the bill list is provided to each supervisor along with the prior
months meeting minutes for review before the supervisors vote to approve
them at the meeting.
8. In 2000 the board of supervisors for the township decided to obtain credit cards to
be used to make purchases of supplies and other small items for the township.
a. The cards were obtained to make procurement of every day items more cost
effective.
b. The cards were obtained to be used to make purchases only related to
official township business.
c. The township never used credit cards prior to 2000.
9. On March 18, 2000, Thomas Gorr, on behalf of Upper Macungie Township,
obtained five (5) MasterCard credit cards through East Penn Bank, Emmaus, PA.
a. Each credit card had its own account number with a $5,000 limit.
b. The cards were in the name of Upper Macungie Township, and the township
Gorr, 06 -004
Page 4
official who had signature authority.
c. The following five township officials had sole signature authority of the
corresponding credit card.
Thomas Gorr, Supervisor )000X- )000X -)000X -5645
Porter Krisher, Supervisor )000X- )000X -)000X -5652
Scott Faust, Public Works Dir. )000X- )000X -)000X -5686
Richard Henderson )000X- )000X -)000X -5660
Michael Salovay )000X- )000X -)000X -5678
d. The MasterCard issued to Henderson (5660) is paid separately out of the
Township's Sewer Authority account.
e. Salovay's MasterCard was closed out at the end of 2001 after his death.
f. The limits of cards 5645, 5652, and 5686 were increased to $6,000 in 2004.
10. The township issued MasterCards are maintained by the individual with signature
authority on the particular account.
a. Gorr maintained his MasterCard either in his desk or in his wallet.
b. At no time was Gorr's card ever taken or used without his knowledge or
consent.
11. The township board of supervisors never enacted a policy regarding the use of the
credit cards.
a. No township policy exists which sets guidelines for appropriate use of the
credit cards.
b. No township policy exists which sets guidelines for reimbursement of
personal expenses.
12. Purchases made on each of the credit cards appear on individual MasterCard bills
which are mailed to the township's office for payment.
a. Bills submitted from MasterCard to the township are processed the same
way as the other township bills.
13. Between January 2001 and May 2006, Upper Macungie Township Supervisor Gorr
used his township issued credit card, )000X- )000X -)000X -5645, to make purchases
relating to both township and personal business.
a. Purchases on the card made by Gorr included but were not limited to:
Lodging Computer Equipment Convention Expenses
Meals Office Supplies Health Items
14. Gorr routinely made purchases of meals from local restaurants on his township
issued credit card. Meal purchases locally included the following:
Statement Date Date Amount Description
6/26/2001 23 -Jun $43.39 Chriss Family Restaurant: Allentown, PA
Gorr, 06 -004
Page 5
8/27/2001 1 -Aug
9/27/2001 14 -Sep
1/25/2002 28 -Dec
3/26/2002 15 -Mar
4/24/2002 27 -Mar
5/24/2002 24 -Apr
5/24/2002 24 -Apr
5/24/2002 14 -May
9/26/2002 15 -Sep
12/26/2002 27 -Nov
2/26/2002 27 -Jan
2/26/2002 12 -Feb
4/24/2003 25 -Mar
1/26/2004 20 -Jan
2/25/2004 13 -Feb
3/24/2004 25 -Feb
4/26/2004 30 -Mar
5/26/2004 21 -May
6/24/2004 12 -Jun
11/24/2004 29 -Oct
12/27/2004 3 -Dec
12/27/2004 19 -Dec
11/25/2005 5 -Nov
2/24/2006 17 -Feb
$26.55
$118.65
$109.49
$26.94
$23.27
$52.40
$72.00
$57.69
$27.47
$52.01
$37.19
$86.12
$29.69
$35.89
$134.17
$37.19
$137.47
$137.94
$227.60
$299.98
$129.70
$36.47
$44.35
$142.06
Total $2,125.68
Holiday Inn: Breinigsville, PA
Trivet Family Restaurant: Breinigsville, PA
Chriss Family Restaurant: Allentown, PA
O'Haras: Allentown, PA
Trivet Family Restaurant: Breinigsville, PA
Clarion Hotels F &B: Allentown, PA
Ringers Roost: Allentown, PA
Red Robin: Allentown, PA
Trivet Family Restaurant: Breinigsville, PA
1760 House Restaurant: Trexlertown, PA
1760 House Restaurant: Trexlertown, PA
1760 House Restaurant: Trexlertown, PA
Holiday Inn: Breinigsville, PA
Starlight Diner: Allentown, PA
Starlight Diner: Allentown, PA
Starlight Diner: Allentown, PA
Starlight Diner: Allentown, PA
Starlight Diner: Allentown, PA
Bellissimo Restaurant: Allentown, PA
Maxx Regal Bar & Grill- Trexlertown, PA
Starlight Diner: Allentown, PA
Maxx Regal Bar & Grill- Trexlertown, PA
Starlight Diner: Allentown, PA
Starlight Diner: Allentown, PA
15. Gorr asserts that purchases of breakfast were made by Gorr for the road crew.
a. Gorr further asserts that the [sic] purchased meals and alcoholic beverages
at retirement parties for township employees.
b. Gorr asserts that he purchased meals for himself and others as part of
meetings with township officials.
16. Upper Macungie records do not include receipts breaking down the nature of the
meal expenses detailed in finding number 14.
a. Gorr never submitted receipts to justify payments.
b. No accounting exists to identify if the expenses were incurred by the road
workers, as part of working meetings or for retirement parties.
17. Prior to the issuance of the credit cards, the township never paid for meals and
hospitality for township officials and employees.
Gorr, 06 -004
Page 6
a. The township never authorized the purchase of meals and alcohol for
township employees.
b. All such purchases were personally incurred by Gorr but paid for with
township funds.
18. From January 2001 through May 2006, Gorr used his township issued credit card to
pay for lodging and other expenses from various hotels. Room charges occurred as
follows:
Statement Date Date Amount Description
1/25/2001 21 -Jan $371.80 Doubletree Hotels Club: Largo, MD
12/27/2001 18 -Dec $307.32 Holiday Inns: Breinigsville, PA
2/26/2002 10 -Feb $129.71 Hilton Harrisburg
2/26/2002 10 -Feb $103.10 Hilton Harrisburg
4/24/2002 15 -Apr $530.22 Hershey Lodge & Conven.
Holiday Inns: Breinigsville, PA - 4/25-
5/27/2003 25 -Apr $111.25 4/25
5/27/2003 8 -May $200.00 Holiday Inn: Breinigsville, PA - 5/8 -5/8
12/24/2003 2 -Dec $213.26 Holiday Inn: Breinigsville, PA - 12/2 -12/2
1/26/2004 25 -Jan $168.71 Hilton Harrisburg - 1/23 -1/24
3/24/2004 3 -Mar $290.50 Holiday Inn: Breinigsville,PA - 3/3 -3/3
4/26/2004 21 -Apr $682.23 Hershey Lodge & Conven. - 4/17 -4/20
4/26/2004 22 -Apr $651.31 Hershey Lodge & Conven. - 4/17 -4/21
4/26/2004 22 -Apr $196.60 Hershey Lodge & Conven. - 4/19 -4/21
4/26/2006 24 -Apr $111.15 Hershey Lodge & Conven. - 4/22 -4/23
a. Gorr purchased the rooms at the Holiday Inn for use by the road crew during
winter storm clean up and to hold retirement parties and other township
functions.
1. These functions were for the benefit of township employees and not
open to the general public.
2. The township never approved the lodging for township employees.
b. Gorr's hotel expenses also include stays for attendance at PSATS
conventions.
19. Supervisors Gorr and Krisher annually attended PSATS annual convention and
trade show held in Hershey, PA.
a. Supervisor Gorr stayed at the Hershey Lodge and Convention Center for
conferences held during 2001 through 2006.
b. Gorr's wife accompanied him to the conferences in 2001 through 2006.
20. PSATS required [sic] a registration fee be paid by all those who attend the annual
convention and trade show in Hershy [sic], PA.
Gorr, 06 -004
Page 7
a. An additional fee is required to be paid for the registration of guests at the
annual conventions.
b. Guest fees annually set by PSATS were as follows:
a.
2001: $45
2002: $45
2003: $45
21. Supervisor Gorr authorized the payment of his wife's registration fee for his
attendance at conventions held from 2001 through 2006.
a. The following amount [sic] were paid by the township for Gorr's wife [sic]
attendance.
Year Amount
2001 $45.00
2002 $45.00
2003 $45.00
2004 $45.00
2055 [sic] $50.00
2006 $55.00
$285.00
2004: $45
2005: $50
2006: $55
22. Supervisor Gorr used his township issued credit card to pay for all expenses that he
and his wife incurred during the conferences.
a. Gorr and Krisher took turns billing annual convention expenses to their credit
cards.
23. Gorr admitted to State Ethics Commission Investigators that the township issued
credit card ending in 5645 was used to pay for all of his wife's expenses at the
conferences.
24. MasterCard records for the township issued credit card ending 5645 issued to Gorr
confirm the following charges by Gorr of hotel stays and other expenses at the
Hershey Lodge between 2002 and 2006.
Statement Date Date Amount Description
4/24/2002 15 -Apr $530.22 Hershey Lodge & Conven.
Hershey Lodge & Conven. - 4/17-
4/26/2004 21 -Apr $682.23 4/20
4/26/2004 22 -Apr $651.31 Hershey Lodge & Conven - 4/17 -4/21
Hershey Lodge & Conven. - 4/19-
4/26/2004 22 -Apr $196.60 4/21
Hershey Lodge & Conven. - 4/22-
4/26/2006 24 -Apr $111.15 4/23
b. These charges included expenses for Supervisor Krisher which were billed
to this card.
25. Hotel folios from the Hershey Lodge confirm expenses incurred by Gorr and his wife
Gorr, 06 -004
Page 8
during 2002, 2004, 2005, and 2006.
a.
# of
Date People Description Total
4/12/02 - 4/14/02 2 Room & Tax $ 390.22
2 Lebbie's Food $ 26.10
Forebay
2 Lounge $ 66.47
4 Room Service $ 47.43
$
Total: 530.22
4/17/04- 4/20/04 2 Room & Tax $ 425.10
2 Lebbie's Food $ 30.34
Forebay
10 Lounge $ 326.79
Total: $ 782.23
4/16/05 - 4/18/05 2 Room & Tax $ 438.18
4/22/06 - 4/23/06 2 Room & Tax $ 149.33
Bears Den
2 Food $ 29.36
2 Lebbie's Food $ 32.46
Total: $ 211.15
b. Business records of the Hershey Lodge were not available for Gorr's room
and related expenses in 2001 and 2003.
26. The expenses from Gorr's hotel folios included meal expenses for Gorr, his spouse
and others, and drink expenses at the hotel lounge.
a. Meal and drink expenses for Gorr's wife and others totaled as follows:
Year Amount
2002 $81.86
2004 $15.17
2006 $30.91
Total: $127.94
b. Gorr also purchased drinks at the hotel lounge totaling $326.79.
27. In addition to charging room, meal, and drink expenses to the township credit card,
Gorr also received payments from the township to cover meal and travel expenses.
a. Gorr, and other supervisors, each received $100 /day expenses when
attending PSATS conventions.
28. Gorr requested and was issued expense checks for expenses he incurred at the
Gorr, 06 -004
Page 9
annual PSATS conference in 2001, 2003, and 2005.
a. Gorr was issued the following three checks as reimbursement for his
attendance at the PSATS conference.
Date
4/17/01
4/5/03
4/10/05
Check #
26999
30385
33400
* Check No. 26999 includes $385.40 medical expense reimbursement.
b. No record exists of an expense payment being made to Gorr in either 2002,
2004, or 2006.
29. Other expenses incurred by Gorr were charged to Krisher's credit card.
30. In January 2005, Supervisor Gorr took classes in human resources and contract
negotiations at De Sales University.
a. Gorr took the classes with the intent of gaining knowledge to negotiate
township police contracts.
31. The Township's Board of Supervisors did not take any official action authorizing
Gorr to enroll in the classes.
a. Gorr took it upon himself to enroll and charge it off to the township in his
official capacity as township manager and secretary /treasurer.
32. Gorr used his township issued credit card ending in 5645 to pay for class fees, text
books, and other expenses associated with his classes. Gorr incurred educational
costs on the following dates:
a.
Statement Date Date
12/27/2004
12/27/2004
12/27/2004
12/27/2004
1/26/2005
1/26/2005
4/26/2005
4/26/2005
4/26/2005
4/26/2005
6/24/2005
7/27/2005
7/27/2005
14 -Dec
14 -Dec
21 -Dec
23 -Dec
11 -Jan
11 -Jan
13 -Apr
31 -Mar
31 -Mar
20 -Apr
27 -May
24 -Jun
25 -Jul
Amount
$785.40
$400.00
$400.00
Amount Description
$100.00
$130.00
$186.00
$1,510.00
$158.94
$53.28
$359.00
$855.00
$855.00
$206.00
$423.77
$47.90
$900.00
De Sales University
De Sales University
De Sales University
De Sales University
Duenow.com Inc. Edmonton,
AB
Duenow.com Inc. Edmonton,
AB
Thompson Publishing Gr.
De Sales University
De Sales University
De Sales University
TC Amst Print Lith
Personnel Concepts
De Sales University
Gorr, 06 -004
Page 10
7/27/2005 25 -Jul $900.00 De Sales University
8/24/2005 18 -Aug $119.83 De Sales University
9/26/2005 1 -Sep $571.86 Staples: Allentown, PA
Total $7,376.58
33. In response to questions raised about these expenses, Gorr made personal
reimbursements to Upper Macungie Township for the classes and other expenses
associated with the schooling.
a. Two personal checks from Gorr were issued to Upper Macungie Township
totaling $7,256.72.
Check # Date Amount
2127 12 -7 -05 $4,631.72
2129 12 -12 -05 $2,625.00
$7,256.72
b. Gorr's reimbursement was $119.83* short of the school expenses the
township initially paid.
*[sic]. [There is a $.03 error in the calculation, in favor of the Respondent.
We accept the amount as stipulated by the parties.]
34. Gorr reimbursed the township for the classes and other expenses after talking to
the township's auditor.
a. Gorr made the reimbursement since he did not receive prior authorization
from the Board of Supervisors for the schooling.
35. In March of 2003, Supervisor Gorr used his township issued credit card to purchase
two desktop computers for Emmaus Borough.
a. Gorr's wife at the time was a township official for the Borough of Emmaus.
b. As an Upper Macungie Township Supervisor, Gorr has no official
responsibilities in Emmaus Borough.
36. Gorr's credit card statement reflects a charge in the amount of $2,967.97 from
Circuit City, Whitehall, PA for the purchase of two laptop computers made on or
about April 24, 2003.
37. The Borough of Emmaus issued a check for $1,800.00 to Upper Macungie
Township for reimbursement of the computer.
a. Reimbursement was received by the township on October 14, 2003.
b. The reimbursement was $1,167.97 less than the price of the computer.
38. Gorr admitted to State Ethics Commission Investigators that he only reimbursed the
borough $900 each for the two computers.
a. Gorr indicated to State Ethics Commission Investigators that purchasing the
computers for his wife did not relate to Upper Macungie Township business
and was for the benefit of his spouse.
Gorr, 06 -004
Page 11
39. Gorr used his township credit card ending in 5645 to make personal purchases
which did not relate to his duties and responsibilities to Upper Macungie Township
including the following:
a.
Statement Date Date Amount Description
8/27/2001 3 -Aug $1,547.45 LA Weight Loss Center: Whitehall, PA
3/26/2002 22 -Mar $69.95 Full Tilt Marine Inc.: Long Neck, DE
1/26/2004 26 -Dec $195.00 Bi- Weekly Payment Program- 800 - 868 -6571
3/24/2004 24 -Feb $43.90 Coral Calcium, MA
Total: $1,856.30
b. These purchases were for various personal products that Gorr retained for
his own use.
40. From January 2001 through May 2006, Gorr in his official capacity as Upper
Macungie Township Secretary /Treasurer, received and reviewed MasterCard bills,
produced and signed checks, and created bill lists for purchases made by him on
his township issued credit card.
41. From January 2001 through May 2006, Gorr in his official capacity as supervisor
was aware and voted to approve Treasurer's reports which included payments to
MasterCard at all meetings that he was present at.
a. Gorr was absent from the following meetings.
Meeting Date Month Bills From
05/03/01 April
12/05/01 November
06/05/02 May
09/04/02 August
2/5/04 January
7/01/04 June
42. Township payments issued to MasterCard covered monthly charge expenses
incurred by Gorr, Krisher, and Faust.
a. All three (3) account statements are totaled and merged into a single
payment.
b. This includes charge card statements which included personal expenses of
Gorr and his wife.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS CONCERNING GORR
FAILING TO LIST INCOME EARNED FROM UPPER MACUNGIE TOWNSHIP ON HIS
STATEMENTS OF FINANCIAL INTERESTS FORMS.
43. As supervisor for Upper Macungie Township, Gorr was required annually to file a
Statement of Financial Interests form by the May 1 deadline, containing information
for the prior calendar year.
44. Statements of Financial Interests forms on file with Upper Macungie Township
Gorr, 06 -004
Page 12
include the following filings by Gorr.
a. Calendar Year: 2000
Filed: 3/6/01 on SEC form 1/01
Position: Township Supervisor
Creditors: None
Direct /Indirect Sources of Income: None
All other Financial Interests: None
b. Calendar Year: 2001
Filed: 1/2/02 on SEC form 1/99
Position: Supervisor /Executive Administrator
Creditors: None
Direct /Indirect Sources of Income: None
All other Financial Interests: None
c. Calendar Year: 2002
Filed: 12/4/02 on SEC form 1/99
Position: Township Supervisor /Executive Administrator
Creditors: None
Direct /Indirect Sources of Income: None
All other Financial Interests: None
d. Calendar Year: 2003
Filed: 1/19/04 on SEC form 1/03
Position: Township Supervisor
Creditors: None
Direct /Indirect Sources of Income: County of Lehigh — 17 S. 7 th Street,
Allentown, PA
All other Financial Interests: None
e. Calendar Year: 2004
Filed: 12/30/04 on SEC form 1/05
Status: Candidate, Public
Position: Township Supervisor
Creditors: None
Direct /Indirect Sources of Income: Saucow Valley School District — 2097
Polk Valley Road, Hellerton, PA
All other Financial Interests: None
f. Calendar Year: 2005
Filed: 2/28/05 on SEC form 1/05
Status: Candidate
Position: Township Supervisor /Director of Operations
Creditors: None
Direct /Indirect Sources of Income: Saucow Valley School District — 2097
Polk Valley Road, Hellerton, PA
All other Financial Interests: None
45. Gorr did not disclose income received from his position with Upper Macungie
Township on SFI's filed for the [sic] 2001, 2002, 2003, 2004, and 2005.
46. Gorr received income in excess of $1,300 from the township annually from calendar
years 2001 through 2005.
47. On August 23, 2006, Gorr filed amended Statements of Financial Interests forms
Gorr, 06 -004
Page 13
with the State Ethics Commission which disclose Upper Macungie Township as a
direct source of income.
48. Amended Statements of Financial Interests forms filed with the State Ethics
Commission include the following information:
a. Calendar Year: 2001
Filed: 8/23/06 on SEC form 01/06
Position: Township Supervisor
Creditors: None
Direct /Indirect Sources of Income: Upper Macungie Township, 8330
Schantz Rd., Breinigsville, PA 18031
All other Financial Interests: None
b. Calendar Year: 2002
Filed: 8/23/06 on SEC form 01/06
Position: Township Supervisor
Creditors: None
Direct /Indirect Sources of Income: Upper Macungie Township, 8330
Schantz Rd., Breinigsville, PA 18031:
County of Lehigh, 17 S. 7 th Street,
Allentown, PA 18101
All other Financial Interests: None
c. Calendar Year: 2003
Filed: 8/23/06 on SEC form 01/06
Position: Township Supervisor
Creditors: None
Direct /Indirect Sources of Income: Upper Macungie Township, 8330
Schantz Rd., Breinigsville, PA 18031:
County of Lehigh, 17 S. 7 th Street,
Allentown, PA 18101
All other Financial Interests: None
d. Calendar Year: 2004
Filed: 8/23/06 on SEC form 01/06
Position: Township Supervisor
Creditors: None
Direct /Indirect Sources of Income: Upper Macungie Township, 8330
Schantz Rd., Breinigsville, PA 18031:
County of Lehigh, 17 S. 7 th Street,
Allentown, PA 18101
All other Financial Interests: None
e. Calendar Year: 2005
Filed: 8/23/06 on SEC form 01/06
Position: Township Supervisor
Creditors: None
Direct /Indirect Sources of Income: Saucon Valley School District, 2097
Polk Valley Rd., Hellertown, PA 18055:
Upper Macungie Township, 8330
Schantz Rd., Breinigsville, PA 18031:
All other Financial Interests: None
Gorr, 06 -004
Page 14
49. Gorr realized a private pecuniary gain of $6,009.51 as a result of the use of his
pubic position to charge items of a personal nature to the township credit card and
then participated in board actions to approve payments.
a. Private pecuniary gain determined as follows:
1. Convention expenditures
Spouse and others $127.94
Hotel Lounge $326.79
2. Spouse Registration Fee $285.00
3. Computer Purchases $1,167.97
(difference between actual cost and reimbursement)
4. School Expenses $119.83
(difference between actual cost and reimbursement)
5. Meals /Hospitality $2,125.68
6. Personal Expenses $1,856.30
$6,009.51
III. DISCUSSION:
Respondent Thomas Gorr (hereinafter also referred to as "Gorr "), as a Supervisor
for Upper Macungie Township from approximately January 1994 to July 28, 2006, was a
public official subject to the provisions of the Public Official and Employee Ethics Act
( "Ethics Act "), 65 Pa.C.S. § 1101 et seq.
The allegations are that Gorr, as an Upper Macungie Township Supervisor, violated
Sections 1103(a) and 1105(b) of the Ethics Act when he claimed expenditures and
received reimbursement from the township for spousal expenses for attendance at
conventions and seminars; when he received compensation for duties not related to any
township position; when he utilized a township credit card to make purchases of a personal
nature; and when he failed to disclose all sources of income in excess of $1,300 on
Statements of Financial Interests (SFIs) filed for the 2001, 2002, 2003, and 2004 calendar
years.
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 term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
Gorr, 06 -004
Page 15
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa. C. S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official /public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
Section 1105(b) of the Ethics Act requires, inter alia, that a public official /public
employee disclose the name and address of any direct or indirect source of income
totaling in the aggregate $1,300 or more.
As noted above, the parties 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.
Gorr served as a Supervisor of Upper Macungie Township ( "Township ") from
January 1994 to July 28, 2006. Gorr also served as Township Secretary /Treasurer and
Roadmaster during this time frame. Gorr served as the Township Business Administrator
from January 1994 to January 2001 and from December 2005 to July 28, 2006.
The Township Board of Supervisors ( "Board ") is a three - member board. Prior to the
monthly meetings of the Board, bills are compiled and reviewed by the supervisors.
Following the review of the bills, checks are prepared and then signed by two of the three
supervisors, all of whom have signature authority for the Township's general fund account.
The final approval of Township checks occurs at the monthly Board meeting.
In 2000, the Board decided to obtain credit cards in order to make purchases of
supplies and small items for the Township. Five credit cards, each with a separate
identification number, were obtained for Gorr, another supervisor, and three other
Township staff members. No Township policy exists which sets guidelines for appropriate
use of the credit cards. No Township policy exists which sets guidelines for
reimbursement of personal expenses.
Between January 2001 and May 2006, Gorr used his Township credit card to not
only make various purchases for the Township but also for his own personal business.
Gorr routinely charged meals at local restaurants on his Township credit card. See, Fact
Finding 14. Gorr asserts that such purchases on the Township credit card were to pay for
meals for the road crew, meals and alcoholic beverages at Township employee retirement
parties, and meals for himself and others as part of meetings with Township officials.
Before the Township credit cards were obtained, the Township never paid for meals for
Township officials or employees.
Gorr, 06 -004
Page 16
Gorr used his Township credit card to pay for lodging and expenses at various
hotels from 2001 through 2006. Such hotel expenses related to housing the road crew
during a winter storm cleanup, holding Township functions for employees, and attending
the PSATS conventions. Gorr authorized payment of his spouse's registration fees at the
PSATS conventions for the years 2001 through 2006. Gorr also used the Township credit
card to pay for expenses for his spouse, others and himself at the PSATS conferences.
The details of such expenses are set forth in Fact Findings 18 -22, 24 -26. In addition to
charging expenses to the Township credit card during the PSATS conventions, Gorr also
received $100 /day from the Township for expenses while attending the conventions.
From December 2004 through September 2005, Gorr used his Township credit card
to pay for expenses associated with classes that he took at DeSales University. The
Board did not take any official action to authorize Gorr to enroll in those classes. The
parties have stipulated that subsequently, Gorr reimbursed the Township for all but
$119.83 of the expenses the Township had paid relative to such courses. See Fact
Findings 32, 33.
In March of 2003 Gorr used the Township credit card to purchase two computers for
Emmaus Borough, where his spouse served as a public official. Although Emmaus
Borough issued a check for $1,800.00 to the Township, the reimbursement was $1,167.97
less than the purchase price that the Township had paid for the computers. Gorr admitted
that only a partial reimbursement was made.
Gorr used the Township credit card to make other personal purchases totaling
$1,856.30, as detailed in Fact Finding 39.
From January 2001 through May 2006, Gorr as a Township Supervisor participated
in voting to approve Treasurer's reports that included charge card payments.
The parties have stipulated that the financial gain that Gorr received from using the
Township credit card for personal expenses and participating in Board actions to approve
Township credit card payments totaled $6,009.51. See, Fact Finding 49.
As a Township Supervisor, Gorr was required to file SFIs. Although Gorr filed SFIs
for the calendar years 2000 through 2005, he failed to list the Township as a source of
income in excess of $1,300 for calendar years 2001 through 2005. Cf., Fact Findings 44,
45, 46.
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 allegation
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 when Gorr used a township credit card to
make purchases for himself of a personal nature.
b. That no violation of Section 1103(a) of the Public
Official and Employee Ethics Law, 65 Pa.C.S. §1103(a)
occurred when Gorr when [sic] was compensated for
duties not related to any township position.
Gorr, 06 -004
Page 17
c. That a technical violation of Section 1105(b) of the
Public Official and Employee Ethics Law, 65 Pa.C.S.
§1105(b) occurred when Gorr failed to disclose on
Statements of Financial Interests filed for the 2001,
2002, 2003, and 2004 calendar years income in excess
of $1,300 received from the township annually.
4. Gorr agrees to make payment in the amount of $4,000.00 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.
5. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter, and make no
specific recommendations to any law enforcement or other authority
to take action in this matter. Such, however, does not prohibit the
Commission from initiating appropriate enforcement actions in the
event of Respondent's failure to comply with this agreement or the
Commission's order or cooperating with any other authority who may
so choose to review this matter further.
6. Gorr agrees to waive his rights to an evidentiary hearing and
appellate rights without prejudice to so proceed in the event that the
State Ethics Commission does not accept this agreement.
Consent Agreement, at 2.
In applying Section 1103(a) of the Ethics Act to the stipulated findings, there were
uses of the authority of office on the part of Gorr. But for the fact that Gorr was a Township
Supervisor, he would not have been in a position to utilize the Township credit card for
personal purposes. In particular, Gorr used the Township credit card to charge
unauthorized food and beverage expenses, his spouse's expenses at the PSATS
conventions, and other personal expenses. Gorr used the Township credit card to pay for
unauthorized education expenses. We note that Gorr did make a partial reimbursement of
the education expenses. Gorr used the Township credit card to charge the purchase of
two computers for another municipality where his spouse served as a public official. Gorr
participated as a Board Supervisor in voting to approve Township bills that included such
unauthorized credit card charges. All such actions were uses of the authority of office.
See, Juliante, Order 809.
Such uses of authority of office resulted in private pecuniary benefits to Gorr and to
his spouse, who is a member of his immediate family as that term is defined under the
Ethics Act. The charges on the Township credit card were private pecuniary benefits
because such charges were not authorized in law. Accordingly, Gorr violated Section
1103(a) of the Ethics Act when he used the Township credit card to make purchases of a
personal nature for himself and his spouse. See, Keeney, Order 1243; Costenbader-
Jacobson, Order 1236.
Regarding the allegation that Gorr received compensation for duties that did not
relate to his Township position, the record before us does not present any factual basis to
support that allegation. Accordingly, Gorr did not violate Section 1103(a) of the Ethics Act
regarding the allegation that he received compensation for duties not related to any
Township position, based upon an insufficiency of evidence.
Gorr, 06 -004
Page 18
As to the allegation that Gorr failed to disclose all sources of income in excess of
$1,300 on his SFIs for calendar years 2001 through 2004, the stipulated findings reflect
that Gorr failed to disclose the Township as a source of income for calendar years 2001
through 2004. Because Gorr received income in excess of $1,300 from the Township for
each of those calendar years, he was required to list the Township as a source of income
on his SFIs for calendar years 2001 through 2004. Accordingly, Gorr technically violated
Section 1105(b) of the Ethics Act when he failed to disclose on his SFIs for the calendar
years 2001 through 2004 reportable income that he received from the Township. See,
Rice, Order 1262. Parenthetically, we note that Gorr has filed amended SFIs for calendar
years 2001 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, Gorr is directed to make
payment in the amount of $4,000.00 to the Commonwealth of Pennsylvania through this
Commission within thirty (30) days of the issuance of this Order. 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. Respondent Thomas Gorr ( "Gorr "), as a Supervisor for Upper Macungie Township
from approximately January 1994 to July 28, 2006, was a public official subject to
the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65
Pa.C.S. § 1101 et seq.
2. Gorr violated Section 1103(a) of the Ethics Act when he used the Township credit
card to make purchases of a personal nature for himself and his spouse.
3. Gorr did not violate Section 1103(a) of the Ethics Act regarding the allegation that
he received compensation for duties not related to any Township position based
upon an insufficiency of evidence.
4. Gorr technically violated Section 1105(b) of the Ethics Act when he failed to
disclose on his Statements of Financial Interests for the calendar years 2001
through 2004 reportable income that he received from the Township.
In Re: Thomas Gorr
ORDER NO. 1423
File Docket: 06 -004
Date Decided: 1/8/07
Date Mailed: 1/23/07
1 Thomas Gorr ( "Gorr "), as an Upper Macungie Township Supervisor, violated
Section 1103(a) of the Ethics Act when he used the Township credit card to make
purchases of a personal nature for himself and his spouse.
2. Gorr did not violate Section 1103(a) of the Ethics Act regarding the allegation that
he received compensation for duties not related to any Township position based
upon an insufficiency of evidence.
3. Gorr technically violated Section 1105(b) of the Ethics Act when he failed to
disclose on his Statements of Financial Interests for the calendar years 2001
through 2004 reportable income that he received from the Township.
4. Per the Consent Agreement of the parties, Gorr is directed to make payment in the
amount of $4,000.00 to the Commonwealth of Pennsylvania through this
Commission within thirty (30) days of the issuance of this Order.
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