HomeMy WebLinkAbout1421 HartonIn Re: Ronald G. Harton,
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 -009
Order No.1421
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. A Stipulation of Findings and a
Consent Agreement waiving an evidentiary hearing 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.
Harton, 06 -009
Page 2
I. ALLEGATION:
That Ronald Harton, a public official /public employee, in his capacity as a
Supervisor of Canton Township, Washington County, violated provisions of the State
Ethics Act (Act 93 of 1998) 65 Pa.C.S. §§ 1103(a); when he used the authority of his office
for private pecuniary gain by submitting hours for compensation as township road
superintendent for time /hours not worked; and when he was compensated as
roadmaster /road superintendent for duties related to his position as township supervisor.
II. FINDINGS:
1. Ronald Harton has served as a Supervisor for Canton Township, Washington
County, since January 5, 2004.
a. Harton has served as the Chairman of the Board of Supervisors from
January 3, 2006, through the present; and previously from September 3,
2004, through October 27, 2005.
b. Additionally, Harton served as the Vice - Chairman of the board from January
5, 2004, through September 2, 2004.
2. Canton Township is a second -class township governed by a three - member board of
supervisors.
a. Supervisors currently receive $500.00 quarterly (gross) as payment for
services rendered in their supervisor capacity including, but not limited to,
attendance at regular and special meetings held during the quarter.
1. Regular meetings are held once per month, with occasional special
meetings held throughout the year.
b. The supervisors need not be present at all meetings held during the quarter
to receive the $500.00 payment.
1. Payment is issued for all duties performed in the capacity of township
supervisor and is not limited to meeting attendance.
3. Harton was appointed to the position of township roadmaster at the January 4,
2004, reorganization meeting.
a. Harton held the position of roadmaster from January 5, 2004, through April
21, 2004.
b. Harton held the position of road superintendent /roadmaster from April 22,
2004, through October 27, 2005.
c. Harton was reappointed as the township road superintendent /roadmaster at
the January 3, 2006, reorganization meeting and currently holds this
position.
4. At the January 5, 2004, reorganization meeting, Harton's duties as roadmaster were
presented as being those described in the Second Class Township Code.
a. Article XXIII, Section 2302, Duties of Roadmasters mandates that
roadmasters shall:
Harton, 06 -009
Page 3
1 Report to the board of supervisors any information that may be
required by the board and by the Department of Transportation;
2. Inspect all roads and bridges as directed by the board; and
3. Do or direct to be done all work necessary to carry out the
responsibilities imposed by the board with respect to the
maintenance, repair, and construction of township roads.
5. Canton Township adopted a formal job description for the position of township road
superintendent /roadmaster at the April 22, 2004, meeting of the board.
a. The motion to approve the job description passed 2 -0 with Harton and
Supervisor George Vitteck voting in favor of the motion. Both Harton and
Vitteck also signed the job description.
b. Voting at Canton Township meetings occurs by individual roll call vote after
a motion is made and properly seconded; any abstentions or objections
made during the vote are specifically noted in the minutes.
6. The formal job description was recommended by present Solicitor Dennis Makel.
a. The purpose of the job description was to define the duties Harton would
perform as a township road superintendent /road master while on township
time.
b. Harton failed to obtain further clarification regarding which duties were to be
as road superintendent /road master and those duties which were strictly
related to his position as a township supervisor, and in failing to do so,
commingled his township supervisor duties with those of road
superintendent /road master.
7 The job summary for the position of road superintendent /roadmaster documents
that the individual in the position is responsible to the township for the following:
a. Development of all phases of construction, execution, and maintenance in
the township;
b. Scheduling the road department on projects and work activities necessary to
carry out road department activities, including keeping records of hours
worked and attendance of personnel;
c. Oversight of the maintenance of all equipment and reporting on the
operation of and need for additional equipment, including reporting to the
board on the status of each project;
d. Authorizing purchases within the road department;
e. Investigation and correction of complaints directed to him by the board; and
f. Dealing with personnel matters in the road department and reporting the
problems to the board.
8. Additional duties and responsibilities associated with the position as mandated by
the job description include the following:
Harton, 06 -009
Page 4
a. To report regularly to the board of supervisors on all matters pertaining to
the activities of the road department;
b. To report all activities relating to personnel to the board of supervisors;
c. To maintain and report on the status of all township equipment;
d. To oversee all the activities of the road department;
e. To schedule construction and maintenance activities on township roads,
highways, parks, building, sewers, storm sewers, drainage ditches,
waterways, etc.;
f. To instruct each road department employee of his duty status and
responsibilities;
To maintain discipline of all the employees he supervises;
h. To initiate corrective action in matters of personnel when necessary;
To represent the township regarding complaints;
To implement policies and changes directed by the board of supervisors;
k. To assist the township road department in snow removal, etc., when
necessary; and
To assume all other duties assigned by the board of supervisors.
g.
J.
9. Canton Township Auditors meeting minutes document the salary /hourly rate
approved for Harton from 2004 through the present as shown below:
Auditors Meeting Date
January 13, 2004
January 27, 2005
January 10, 2006*
Salary /Hourly Rate Approved
$40,000.00 (salary)
$12.50 per hour
$12.50 per hour
*Continuation of January 4, 2006 auditor's reorganization meeting
a. During 2004 Harton received a set salary based on a forty -hour work week.
1. As a salary employee in 2004, Harton was not required to utilize the
time clock or submit timesheets to document hours worked as the
road superintendent /roadmaster.
2. Harton's salary based on a forty -hour work week was approximately
$19.23 per hour ($40,000.00 =52 weeks =40 hours per week = $19.23
per hour).
b. In 2005 and 2006, the township auditors approved an hourly wage for Harton
and required that Harton work eight hours per day, utilize the township time
clock, and receive approval for overtime worked.
10. Canton Township maintains a road department to address road maintenance issues
within the township.
Harton, 06 -009
Page 5
a. The township employs six full time road department employees including one
foreman (Howard Main), one crew chief (Delbert Main), and four laborers.
11. The township road department is unionized under the Glass, Molders, Pottery,
Plastics, and Allied Workers International Union (AFL- CIO -CLC) Local 272.
a. Enrollment in the Union is optional for road department employees.
b. All current road department employees are covered under the Union
contract.
12. As road superintendent, Harton is not covered by the union contract.
a. Per Article 19 of the Union contract, Harton is prohibited from
performing work (except for emergencies, instruction, and
developmental work).
13. Normal working hours for the township road department are 6:00 a.m. to 2:00 p.m.,
Monday through Friday, with a one -half hour paid lunch period.
a. Exceptions to the road department's normal working hours may occur due to
inclement weather, emergencies, etc.
b. As the township road superintendent, Harton's normal working hours are
considered to be the same as the road department employees.
14. Township road department employees utilize a time clock to document their time
and attendance.
a. In addition to the time clock and time cards, Howard Main prepares a
handwritten timesheet /log which notes the road department's general
activities for the day.
15. Howard Main submits all of the road department employee time cards and
handwritten time sheets to Susan Paul, township secretary/treasurer, for processing
between the Monday and Wednesday prior to payroll being issued.
a. Main does not submit any documentation to Paul regarding hours worked by
Harton as the road superintendent.
16. Harton submits his time card and handwritten timesheets to Paul for processing
between the Monday and Wednesday prior to payroll being issued.
a. Harton has submitted time cards and general time sheets to Paul since at
least February 10, 2005.
1. Harton submitted no time cards, time sheets, or logs to Paul while
employed as the road superintendent /roadmaster in a salary capacity.
b. Time sheets submitted by Harton note only the date worked and number of
hours worked with no description of work performed.
17. Harton maintains personal log books in which he documents his daily activities.
a. Harton's logbooks note duties and activities performed including road
superintendent /roadmaster responsibilities as well as supervisory
responsibilities.
Harton, 06 -009
Page 6
18. As the Chairman of the Board of Supervisors and road superintendent /roadmaster,
Harton was often viewed as the main contact for the township for any meetings or
functions requiring attendance, any questions requiring assistance, etc.
a. This role was fulfilled by Samuel Stockton, Canton Township Manager prior
to Harton being seated as a supervisor and taking the position of road
superintendent /roadmaster.
b. The official position of township manager has been vacant at Canton
Township since the end of 2003.
19. Since early 2004, Harton routinely claimed hours and received wages as the
township road superintendent /roadmaster for duties performed which were
supervisory in nature.
a. Township supervisors are not permitted to receive road
superintendent /roadmasters wages for the performance of duties related to
their supervisor position.
b. Harton acted in the capacity of township manager as well as road
superintendent /roadmaster as a result of the manager position being vacant.
1. Section 1301 of the Second Class Township Code specifically
mandates that supervisors may not hold the office of township
manager.
20. From March 2004 through September 2005, Harton was compensated for
approximately 45'/ hours in road superintendent /roadmaster wages for performing
duties associated with his position as an elected supervisor which totaled $784.11.
a. Harton submitted requests for compensation for meetings with the Caton
Township Solicitor, Dennis Makel.
1. All meetings which Harton submitted compensation for with Makel,
occurred during Harton's normal work hours of 6 a.m. -2 p.m.
2. These meetings were not related to Harton's position as road
superintendent.
b. Time utilized at each meeting was obtained from a combination of bill lists
submitted to Canton Township by Makel and from specific time documented
in Harton's personal logs.
21. In addition to receiving payment for meetings with the township solicitor, Harton
claimed and received compensation at his road superintendent /roadmaster wages
for a variety of other activities related to his position as township supervisor
between May 24, 2004, and October 26, 2005.
a. Harton's non - superintendent /roadmaster activities were listed in Harton's
personal logs.
b. Activities listed note only those activities performed which were supervisory
in nature.
1. Harton's logs note additional activities performed in relation to his
position of road superintendent /roadmaster on the days in question.
Harton, 06 -009
Page 7
c. The amount of township time utilized regarding non -road
superintendent /roadmaster activities could not be determined.
1. Harton did not consistently note specific time utilized for each activity
completed during the day.
22. Payroll is issued to Canton Township employees on a bi- weekly basis.
a. Payroll is approved at regular monthly meetings for payroll issued during the
previous month.
b. The motion to approve payroll is incorporated along with the motion to
approve the monthly bills.
c. Specific payroll amounts and the applicable recipients are not noted on the
bill list.
23. Signature authority over township accounts lies with the secretary /treasurer and all
three supervisors.
a. Township checks require the signatures of the secretary /treasurer and at
least one supervisor.
b. Since taking office, Harton has been the supervisor who normally co -signs
township checks.
24. Signatures on township checks must be live signatures.
a. Facsimile stamps are not utilized.
25. Harton participated in actions as a township supervisor in approving monthly payroll
and signing payroll checks issued to himself for hours claimed as a roadmaster
which were supervisory in nature, on at least twenty -three (23) occasions between
March 18, 2004, and November 21, 2005.
a. Of the twenty -three checks issued to Harton which included wages not
related to his supervisor duties, Harton signed twenty as an authorized
township signatory.
26. During a sworn statement provided to a Commission investigator on August 22,
2006, Harton provided the following information:
a. Harton attended various workshops in the first four to five months of his
service as a supervisor that provided guidance regarding activities for which
supervisors could receive employee wages.
b. Harton believed the formal job description approved for the road
superintendent /roadmaster position allowed him to perform "extra duties"
that were supervisory in nature and receive compensation for said duties.
c. Harton never requested a written opinion from the State Ethics Commission
regarding the types of duties which could be legitimately claimed as
roadmaster related.
Harton, 06 -009
Page 8
d. Harton was aware as early as September 2004 that supervisors could not
receive compensation as an employee for duties considered to be
administrative in nature.
1. Harton became aware of this through personal research of the
Second Class Township Code, the Township Supervisors handbook,
and conversations with public officials from neighboring
municipalities.
27. Harton realized a minimum financial gain of approximately $784.11 from March
2004 through September 2005 as a result of receiving wages as a township road
superintendent /roadmaster for duties that were related to his position as township
supervisor.
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Ronald G. Harton (hereinafter
also referred to as "Harton ") has been 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 allegation is that Harton, a Canton Township Supervisor, violated Section
1103(a) of the Ethics Act when he submitted hours for compensation as township road
superintendent for time /hours not worked; and when he received compensation as
township roadmaster /road superintendent for duties related to his position as township
supervisor.
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:
65 Pa.C.S. § 1102.
§ 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.
Harton, 06 -009
Page 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.
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.
Harton has served as a Supervisor of Canton Township ( "Township ") since January
of 2004. Harton served as Vice - Chairman of the Township Board of Supervisors ( "Board ")
from January 5, 2004, through September 2, 2004, and as Chairman of the Board from
January 3, 2006, to the present. The Board consists of three members. In his capacity as
an elected Township Supervisor, Harton receives compensation in the amount of $500
quarterly, regardless of whether he attends all Board meetings.
In addition to serving as a Township Supervisor, Harton was employed by the
Township as the Roadmaster from January 5, 2004, through April 21, 2004, and as the
Road Superintendent /Roadmaster from April 22, 2004, through October 27, 2005. Harton
was reappointed Township Road Superintendent /Roadmaster in January 2006.
The duties and responsibilities for the various employment positions that Harton has
held with the Township are delineated in Fact Findings 4, 7, and 8. The various rates of
compensation approved by the Township Board of Auditors for Harton as a Township
employee are set forth in Fact Finding 9.
The Township has a unionized road department that handles road maintenance
within the Township. The Township road department consists of one foreman, one crew
chief, and four laborers. The road department has a normal workweek of 6:00 a.m. to 2:00
p.m. Monday through Friday, with a one -half hour paid lunch period. As Road
Superintendent, Harton's normal working hours are considered to be the same as those of
the road department employees.
A time clock is used to document the time and attendance of the road department
employees. The road department foreman submits to the Township Secretary /Treasurer
the road department employee time cards and handwritten time sheets. However, the
foreman does not submit such documentation for Harton.
Since at least February 10, 2005, Harton has submitted his own time cards and
handwritten timesheets to the Township Secretary /Treasurer for processing. Harton did
not submit time cards, time sheets or logs to the Township Secretary /Treasurer during
2004 when he was receiving a salary as Township Road Superintendent /Roadmaster.
Harton maintains personal logbooks to document his daily activities, including
duties performed as a Township employee and as a Township Supervisor.
Harton has often been considered the main contact for the Township for various
purposes. Harton has acted as Township Manager as well as Township Road
Superintendent /Roadmaster as a result of the manager position becoming vacant at the
end of 2003. In the Stipulation of Findings, the parties acknowledge that the Second Class
Township Code prohibits supervisors from holding the position of township manager.
Since early in 2004, Harton routinely claimed hours and received wages as a
Township employee for administrative duties that were supervisory in nature. Township
supervisors are not permitted to receive road superintendent /roadmaster wages for
performing duties related to their supervisor positions.
Harton, 06 -009
Page 10
From March 2004 through September 2005, Harton received $784.11 in Road
Superintendent /Roadmaster wages for approximately 45.5 documented hours spent
performing duties associated with his position as an elected Supervisor.
Harton also claimed and received compensation between May 2004 and October
2005 for a variety of other activities that related to his position as an elected Supervisor.
However, the amount of time utilized for such other non -Road Superintendent/Roadmaster
activities could not be determined because Harton did not consistently list the time utilized
for each activity that he performed during the day.
At the Board's regular monthly meetings, the Board approves the payroll that has
been issued to the Township employees during the previous month. The motion to
approve payroll is incorporated with the motion to approve the monthly bills. Specific
payroll amounts and the applicable recipients are not noted on the bill list.
Township checks are issued with the signatures of the Secretary /Treasurer and at
least one supervisor. During his term as a Supervisor, Harton has routinely co- signed
Township checks.
As a Township Supervisor, Harton participated in actions to approve the monthly
payroll and also cosigned payroll checks to himself for hours claimed as a Roadmasterfor
duties that were supervisory in nature. See, Fact Finding 25. However, in a sworn
statement, Harton stated his belief that his job description as a Road
Superintendent /Roadmaster allowed him to receive compensation for performing "extra
duties" that were supervisory in nature. Harton did not request an advisory from this
Commission as to the propriety of receiving such compensation.
Harton knew as early as September 2004 that a supervisor could not receive
compensation as a township employee for duties that were administrative in nature.
The parties have stipulated that from March 2004 through September 2005 Harton
received a financial gain of at least $784.11 in Township Road
Superintendent /Roadmaster wages for duties he performed as Township Supervisor.
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 Harton submitted hours for
compensation as township road superintendent for
time /hours not worked; and
b. That a violation of Section 1103(a) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1103(a)
occurred when Harton was compensated as
roadmaster /road superintendent for duties related to his
position as township supervisor.
Harton, 06 -009
Page 11
4. Harton agrees to make payment in the amount of $1,200 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. Harton 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 1 -2.
In applying the provisions of Section 1103(a) of the Ethics Act to the stipulated
findings, we note that there were uses of authority of office on the part of Harton. But for
the fact that Harton was an elected Supervisor, he would not have been in a position to
submit his own hours claiming compensation as a Township Road
Superintendent /Roadmaster. Additionally, in his capacity as a Township Supervisor,
Harton voted on monthly Township bill lists that included payroll to himself and co- signed
Township checks issued to himself as a Township employee. All of the aforesaid actions
constituted uses of authority of office. See Juliante, Order 809. Such uses of authority of
office resulted in private pecuniary benefits to Harton consisting of unauthorized, excess
compensation that he received as a Township employee.
In R.H. and T.W. v. State Ethics Commission, 673 A.2d 1004 (Pa. Cmwlth. 1996),
Commonwealth Court affirmed findings of violations by this Commission as to supervisors
who received compensation as township employees for performing supervisory functions.
The Court noted, The supervisory salary was statutorily set and encompassed all of the
ensuing administrative functions." Id. at 1011.
Accordingly, we hold that Harton violated Section 1103(a) of the Ethics Act when he
submitted hours for compensation as a Township Road Superintendent for time and hours
he did not work as a Township employee. Further, Harton violated Section 1103(a) of the
Ethics Act when he received compensation as a Road Superintendent /Road Master for
duties that related to his position as elected Township Supervisor. See, Johnson, Order
1187.
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, Harton is directed to make
payment in the amount of $1,200.00 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 Ronald G. Harton ( "Harton "), as a Canton Township Supervisor, is a
public official subject to the provisions of the Public Official and Employee Ethics
Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq.
Harton, 06 -009
Page 12
2. Harton violated Section 1103(a) of the Ethics Act when he submitted hours for
compensation as a Township Road Superintendent for time and hours he did not
work as a Township employee.
3. Harton violated Section 1103(a) of the Ethics Act when he received compensation
as a Road Superintendent /Road Master for duties that related to his position as
elected Township Supervisor.
In Re: Ronald G. Harton
ORDER NO. 1421
File Docket: 06 -009
Date Decided: 1/8/07
Date Mailed: 1/23/07
1 Ronald G. Harton ( "Harton "), a Canton Township Supervisor in Washington County,
violated Section 1103(a) of the Ethics Act when he submitted hours for
compensation as a Township Road Superintendent for time and hours he did not
work as a Township employee.
2. Harton violated Section 1103(a) of the Ethics Act when he received compensation
as a Road Superintendent /Road Master for duties that related to his position as
elected Township Supervisor.
3. Per the Consent Agreement of the parties, Harton is directed to make payment in
the amount of $1,200.00 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