HomeMy WebLinkAbout1425 KrisherIn Re: Porter Krisher,
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 -003
Order No.1425
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 allegation(s). Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an "Investigative Complaint." An Amended Investigative Complaint was subsequently filed.
An Answer was filed and a hearing was requested. A Stipulation of Findings and a
Consent Agreement waiving an evidentiary hearing were subsequently 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.
Krisher, 06 -003
Page 2
I. ALLEGATION:
That Porter Krisher, a (public official /public employee) in his capacity as a
Supervisor for Upper Macungie Township, Lehigh County, violated Sections 1103(a),
1103(f), 1104(a) and 1105(b)(8)(9) provisions of the State Ethics Act (Act 93 of 1998), 65
Pa.C.S. §§ 1103(a), 1103(f), 1104(a) and 1105(b)(8)(9) 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; when he utilized a
township credit to make purchases of a personal nature; when he failed to file a Statement
of Financial Interests for the 2001 calendar year by May 1, 2002; when he participated in
actions of the board of supervisors to award contracts in excess of $500.00 without an
open and public process to Craico Tree Service, a business with which he and his son are
associated; when he participated in decisions of the board of supervisors to approve
payments to Craico Tree Service including voting to approve payments and signing
checks; when he failed to disclose Craico as a source of income on Statements of
Financial Interests filed for the 2001 through 2005 calendar years; and when he failed to
disclose his ownership in Craico on Statements of Financial Interests for the 2001 through
2005 calendar years.
II. FINDINGS:
1. Porter E. Krisher has served as a Supervisor for Upper Macungie Township from
approximately January 1992 to the present.
a. Upper Macungie Township is a second class township with a three member
board.
b. Krisher serves as the Chairman of the Board of Supervisors.
c. Krisher also serves as a roadmaster for the township.
2. Upper Macungie Township Board of Supervisors hold[s] one regular meeting per
month.
3. 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.
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.
4. 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[s] at monthly supervisors'
Krisher, 06 -003
Page 3
meeting [sic].
5. The treasurer's report is given by Supervisor Gorr at each meeting.
a. The treasurer's report details the balances in each township account.
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.
6. 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 business related purchases
only.
c. The township never used credit cards prior to 2000.
7 On March 18, 2000, Thomas Gorr, on behalf of Upper Macungie Township, opened
up 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
official who had signature authority.
c. The following five township officials had sole signature authority of the
corresponding credit card.
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 the three remaining cards, (5645, 5652, 5686) were increased
to $6,000 in 2004.
8. The township issued MasterCards are the responsibility of the individual with
signature authority on the particular account.
a.
b.
Thomas Gorr, Supervisor
Porter Krisher, Supervisor
Scott Faust, Public Works Dir.
Richard Henderson
Michael Salovay
)000X- )000X -)000X -5645
)000X- )000X -)000X -5652
)000X- )000X -)000X -5686
)000X- )000X -)000X -5660
)000X- )000X -)000X -5678
Krisher maintained his MasterCard either in his desk or in his wallet.
At no time was Krisher's card ever taken or used without his knowledge or
consent.
9. The township board of supervisors never enacted a policy regarding the use of the
Krisher, 06 -003
Page 4
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.
10. 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.
11. Between January 2001 and May 2006, Upper Macungie Township Supervisor
Krisher used his township issued credit card, )000X- )000X -)000X -5652, to make
purchases relating to both township and personal business.
a. Purchases on the card made by Krisher included but were not limited to:
Lodging Camera Equipment Convention Expenses
Meals Office Supplies Airfare
12. Krisher made purchases of meals from local restaurants on his township issued
credit card. Meal purchases locally included the following:
Statement Date Date Amount Description
5/24/2001 1 -May $41.88 O'Hara's, Allentown, PA
2/26/2002 7 -Feb $21.06 Damons Restaurant, Breinigsville, PA
2/26/2002 7 -Feb $28.53 Damons Restaurant, Breinigsville, PA
4/24/2002 9 -Apr $22.97 Perkins, Allentown, PA
5/24/2002 16 -May $19.63 Perkins, Allentown, PA
6/26/2002 13 -Jun $65.10 Damons Restaurant, Breingville, PA
9/26/2002 27 -Aug $23.16 Damons Restaurant, Breingville, PA
9/25/2003 8 -Sep $22.40 Starlite Diner - Allentown, PA
9/25/2003 13 -Sep $92.66 Starlite Diner - Allentown, PA
1/26/2004 19 -Jan $42.70 Starlite Diner - Allentown, PA
3/24/2004 8 -Mar $12.79 Starlite Diner - Allentown, PA
11/24/2004 29 -Oct $437.53 Maxx Regal Bar & Grill, Trexlertown, PA
12/27/2004 23 -Dec $109.28 Subway, Allentown
4/26/2005 21 -Apr $11.61 Starlite Diner & Lounge, Allentown, PA
12/24/2005 1 -Dec $114.87 Starlite Diner - Allentown, PA
Total $1066.17
13. Krisher asserts that the purchases of breakfast, meals, and alcoholic beverages at
retirement parties were for township employees.
a. Krisher also asserts that he purchased meals for himself and others as part
of meetings with township officials and outside individuals.
Krisher, 06 -003
Page 5
14. Upper Macungie records do not include receipts breaking down the nature of the
previously detailed expenses.
a. Krisher 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.
15. Prior to the issuance of the credit cards, the township never paid for meals and
hospitality for township officials and employees.
a. The township never officially authorized the purchase of meals and alcohol
for township employees.
16. From January 2001 through May 2006, Krisher 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
5/24/2001
4/24/2002
6/26/2002
6/26/2002
12/26/2002
4/29/2003
6/25/2003
4/26/2005
4/26/2005
4/26/2005
4/26/2006
25 -Apr
17 -Apr
30 -May
30 -May
9 -Dec
10 -Apr
19 -Jun
17 -Apr
20 -Apr
20 -Apr
24 -Apr
$260.30
$483.67
$498.85
$128.03
$120.50
$564.86
$130.75
$183.40
$338.18
$770.50
$81.79
Description
Hotel Hershey
Hershey Lodge & Con C.
Holiday Inn, Breinigsville, PA
Holiday Inn, Breinigsville, PA
Holiday Inn, Breinigsville, PA
Hershey Lodge & Con C.
Holiday Inn, Breinigsville, PA
Hershey Lodge & Con C. - 4/18 -4/20
Hershey Lodge & Con C. - 4/10 -4/18
Hershey Lodge & Con C. - 4/16 -4/19
Hershey Lodge & Con C. - 4/22 -4/23
a. Krisher 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.
b. Krisher's hotel expenses also include stays for attendance at PSATS
conventions.
17. Supervisors' Gorr and Krisher annually attended PSATS Annual Convention and
Trade Show held in Hershey, PA.
a. Supervisor Krisher stayed at the Hotel Hershey for the conference held in
2001.
b. Supervisor Krisher stayed at the Hershey Lodge and Convention Center for
conferences held during 2002 through 2006.
c. Krisher's wife accompanied him to the conferences in 2001 through 2006.
Krisher, 06 -003
Page 6
18. PSATS requires a registration fee be paid by all those who attend the Annual
Convention and Trade Show in Hershey, PA.
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:
19. Supervisor Krisher authorized the payment of his wife's registration fee for his wife's
attendance at conventions held from 2001 through 2006.
Year Amount
2001 $45.00
2002 $45.00
2003 $45.00
2004 $45.00
2055 [sic] $50.00
2006 $55.00
$285.00
20. Supervisor Krisher used his township issued credit card to pay for all expenses that
he and his wife incurred during the conferences.
a. Krisher and Gorr took turns billing annual convention expenses to their credit
cards.
21. Krisher admitted that the township issued credit card ending in 5652 was used to
pay for some of his wife's expenses at the conferences.
22. MasterCard records for the township issued credit card ending in 5652 issued to
Krisher confirm the following charge by Krisher of a hotel stay and other expenses
at the Hershey Hotel in 2001.
a. Statement Date Date Amount Description
5/24/2001 25 -Apr $260.30 Hotel Hershey
23. A hotel folio from the Hotel Hershey confirms a stay by Krisher and his wife during
2001.
a. Date Occupants Description Total
4/22/01 - 4/24/01 2 Room & Tax $313.92
2 Room Service $19.85
1 Iberian Lounge $4.75
1 Room Service $11.78
Total: $350.30
24. MasterCard records for the township issued credit card ending 5652, issued to
Krisher confirm the following charges by Krisher of hotel stays and other expenses
incurred at the Hershey Lodge between 2002 and 2006.
a.
2001: $45
2002: $45
2003: $45
2004: $45
2005: $50
2006: $55
Krisher, 06 -003
Page 7
a.
Statement Date Date Amount Description
4/24/2002
4/29/2003
4/26/2005
4/26/2005
4/26/2005
4/26/2006
4/17/04-
4/21 /04
4/16/05-
4/19/05
17 -Apr
10 -Apr
17 -Apr
20 -Apr
20 -Apr
24 -Apr
2
1
$483.67
$564.86
$183.40
$338.18
$770.50
$81.79
Date Occupants Description
4/13/02-
4/16/02 2 Room & Tax
Fireside
4 Steakhouse
5 Forebay Lounge
2 Lebbie's Food
Total:
2 Room & Tax
9 Room Service
2 Room Service
2 Lebbie's Food
2 Room Service
Total:
4/6/03 - 4/9/03 2 Rooms & Tax
Forebay Lounge
Lebbie's Food
Lobby Bar
Fireside
Steakhouse
Room Service
Room Service
Total:
Hershey Lodge & Con C.
Hershey Lodge & Con C.
Hershey Lodge & Con C.
Hershey Lodge & Con C.
Hershey Lodge & Con C.
Hershey Lodge & Con C.
b. These charges included some expenses for Supervisor Gorr and a township
public works employee which were billed to this card.
25. Hotel folios from the Hershey Lodge confirm expenses incurred by Krisher and his
wife during 2002, 2003, 2004, 2005, and 2006.
Room & Taxes
Lebbie's Food
Total
$ 392.40
$ 108.00
$ 57.41
$ 15.78
$ 573.59
$ 408.75
$ 35.07
$ 39.83
$ 16.00
$ 103.64
$ 31.21
$ 20.36
$ 654.86
$ 566.80
$ 118.80
$ 23.77
$ 29.34
$ 12.60
$ 751.31
$ 438.18
$ 20.87
- 4/13 -4/16
- 4/6 -4/9
- 4/18 -4/20
- 4/10 -4/18
- 4/16 -4/19
- 4/22 -4/23
Krisher, 06 -003
Page 8
Date Check # Amount
4/17/01 26992 $400.00
4/5/03 30384 $400.00
4/10/05 33399 $400.00
2 Bears Den $ 48.75
2 Lebbie's Food $ 32.46
4 Forebay Lounge $ 190.99
2 Lebbie's Food $ 32.46
2 Forebay Lounge $ 87.27
1 Giftshop /Beanen $ 19.52
Total: $ 870.50
4/22/06-
4/23/06 2 Room & Taxes $ 149.33
2 Lebbie's Food $ 32.46
Total: $ 181.79
26. In addition to charging rooms, meal, and drink expenses to the township credit card,
Krisher also received payments from the township to cover meal and travel
expenses.
a. Krisher, and other supervisors, each received $100 /day expenses when
attending PSATS conventions.
27. Krisher requested and was issued expense checks for expenses he incurred at the
annual PSATS conference in 2001, 2003, and 2005.
a. Krisher was issued the following three checks as reimbursement for his
attendance at the PSATS conference.
b. No record exists of an expense payment being made to Krisher in either
2002, 2004, or 2006.
28. Although Krisher received expense checks for his attendance at the PSATS
conventions, he charged meals and other expenses on his township issued credit
card.
a. Krisher charged the following expenses during years he received expense
checks.
Year Amount
2001 $ 36.38
2003 $246.11
2005 $432.32
Total: $714.81
29. In 2002 and 2004, Krisher charged meal, beverage, and room service expenses for
his wife to his township credit card as follows:
2002: $ 90.60
2004: $ 92.25
Krisher, 06 -003
Page 9
$182.85
30. The expenses from Krisher's 2005 hotel folio includes [sic] a personal purchase of
$19.52 from the hotel's gift shop.
31. From November 7 -10, 2002, Krisher and his wife attended the International
Association of Fire Chiefs' Symposium in the Sun, in Orlando Florida.
a. The Township's Board of Supervisors did not take any official action
authorizing Krisher or his wife to attend the symposium.
b. Krisher took it upon himself to enroll and charge expenses for himself and
his wife off to the township in his official capacity as township supervisor.
c. Krisher's attendance at this function was personal in nature and unrelated to
township business.
32. Krisher used his township issued MasterCard to pay for his and his wife's hotel,
airfare, meals, and other expenses. Krisher charged the following expenses to the
township:
a.
Statement Date Date
a.
10/24/2002
10/24/2002
10/24/2002
11/26/2002
11/26/2002
11/26/2002
10 -Oct
10 -Oct
16 -Oct
8 -Nov
8 -Nov
11-
Nov
Total:
Amount Description
$195.50
$195.50
$250.00
$80.00
$369.85
Delta Montgomery, AL, Porter Krisher
Delta Montgomery, AL, Fran Krisher
International Association of Fire Chiefs
Delta Atlanta
Alamo Rent -A -Car
$426.66 Rosen Centre, Orlando, FL
$1,517.51
33. Krisher used the authority of his position to approve the use of township funds on
expenses incurred by his wife at the symposium.
a. Delta Airfare $195.50
Airfare- Layover Charge $ 40.00
Lobby Bar — Alcohol $ 17.25
Total: $212.75*
b. Krisher used his township issued MasterCard during a layover in Atlanta to
get better flight accommodations for him and his wife.
*[sic]. [There is a $40 error in the calculation, in favor of the Respondent. We
accept the amount as stipulated by the parties.]
34. In addition to the previously stated purchases, Krisher used his township credit card
to make several other personal purchases which did not relate to his duties and
responsibilities to Upper Macungie Township. Personal purchases included the
following:
Statement Date Date Amount Description
Krisher, 06 -003
Page 10
2/26/2001
4/25/2001
4/26/2004
3/24/2005
6 -Feb
24 -Mar
2 -Apr
20 -Mar
Total:
b. These purchases were for various personal products that Krisher retained
for his own use.
35. Krisher made no reimbursements to the township for personal purchases made
using his township issued MasterCard.
36. From January 2001 through May 2006, Krisher in his official capacity as supervisor,
received and reviewed MasterCard bills, signed checks, and reviewed bill lists for
purchases made by him on his township issued credit card.
a. Krisher's credit card purchases were not reviewed or challenged by township
auditors.
37. From January 2001 through May 2006, Krisher 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. Krisher was absent from the following meetings.
Meeting Date
2/6/03
3/6/03
11/4/04
9/1/05
38. 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.
39. Bill lists from January 2001 through May 2006 include the following township
checks issued to MasterCard for monthly purchases on all three active credit cards.
Check
Number Date
26758 3/7/2001
26816 3/20/2001
27009 4/17/2001
27060 4/30/2001
27113 5/9/2001
27255 6/7/2001
27420 7/9/2001
27451 7/11/2001
27559 8/5/2001
27711 9/12/2001
27902 10/15/2001
Amount
$ 2,758.77
$ 249.05
$ 698.54
$ 4.79
$ 264.83
$ 302.18
$ 838.83
$ 298.21
$ 503.51
$ 1,914.58
$ 215.85
$59.42 Market 1 Marine Mnfctr, Dublin OH
$259.98 West Marine 53J, Rehoboth Beach, DE
$63.60 Drop Me A Line Costume, Allentown, PA
$70.94 Clarion Resort, Ocean City, MD
$453.94
Month Bills From
January
February
October
August
Check
Number
30633
30731
30851
30965
31099
31215
31414
31526
31580
31709
31837
Date
6/15/2003
7/15/2003
8/15/2003
9/15/2003
10/19/2003
11/15/2003
12/15/2003
1/24/2004
1/24/2004
2/15/2004
3/15/2004
Amount
$ 373.19
$ 694.96
$ 657.74
$ 51.54
$ 1,328.58
$ 343.75
$ 24.81
$ 917.23
$ 769.75
$ 834.42
$ 981.53
Krisher, 06 -003
Page 11
28013 11/1/2001 $ 71.76
28318 1/8/2002 $ 1,427.30
28485 2/8/2002 $ 659.48
28612 3/8/2002 $ 725.18
28837 4/30/2002 $ 506.64
28887 5/18/2002 $ 553.49
29004 6/11/2002 $ 326.34
29100 6/30/2002 $ 212.50
29156 7/15/2002 $ 154.21
29207 8/2/2002 $ 25.15
29341 9/10/2002 $ 9.10
29507 10/15/2002 $ 2,601.38
29609 11/11/2002 $ 653.19
29798 12/5/2002 $ 876.51
29845 12/15/2002 $ 96.56
29932 1/15/2003 $ 395.59
30192 2/15/2003 $ 139.43
30305 3/11/2003 $ 838.31
30365 3/31/2003 $ 1,843.50
30530 5/15/2003 $ 3,583.97
31884 4/5/2004 $ 1,761.46
32012 4/30/2004 $ 1,417.45
32060 5/15/2004 $ 63.60
32176 6/15/2004 $ 1,083.64
32420 8/15/2004 $ 240.65
32539 9/15/2004 $ 776.70
32659 10/15/2004 $ 1,526.35
32774 11/15/2004 $ 148.93
32972 12/15/2004 $ 885.89
33084 1/16/2005 $ 2,092.17
33208 2/15/2005 $ 1,296.48
33323 3/15/2005 $ 33.68
33398 4/10/2005 $ 987.00
33555 5/15/2005 $ 1,313.94
33783 6/15/2005 $ 51.80
33915 7/15/2005 $ 26.75
34307 10/15/2005 $ 1,267.48
34423 11/15/2005 $ 172.60
34446 11/22/2005 $ 163.00
34729 12/15/2005 $ 136.46
34835 1/15/2006 $ 117.74
34921 1/31/2006 $ 28.00
35170 3/29/2006 $ 612.30
35241 4/19/2006 $ 777.48
35360 5/15/2006 $ 198.78
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS CONCERNING
KRISHER USING THE AUTHORITY OF HIS OFFICE TO SELECT AND APPROVE THE
USE OF CRAICO TREE SERVICE, INC., THE BUSINESS OWNED AND OPERATED BY
HIS SON.
40. Craico Tree Service, Inc. is a tree and debris removal service located at 1758 Aster
Road, Macungie, PA 18062.
a. Krisher's son, Craig Krisher, is the sole -owner of Craico Tree Service, Inc.
b. Business records of Craico indicate that Supervisor Krisher has no
ownership interest or officer position in the business.
41. Articles of Incorporation on file with the Pennsylvania Department of State include
corporate filings for Craico Tree Service Inc.
a. Craico Tree Service was incorporated on May 15, 1987.
b. The Department of State assigned entity number 955821 to Craico Tree
Service.
c. Corporate officers include Craig E. Krisher, President; Albert Stahl,
Secretary; and Thomas E. Wainwright, Treasurer.
42. Craico Tree Service Inc. have [sic] been providing tree cutting and brush removal
services for Upper Macungie Township since at least January 2001.
a. Supervisors Krisher and Gorr contacted Craico for their services on an as
Krisher, 06 -003
Page 12
needed basis.
b. Supervisor Gorr admitted that he and Krisher contacted Craico and
approved the expenditures to the business.
43. The Upper Macungie Township Board of Supervisors did not take any official action
soliciting bids for tree and debris removal services.
44. Neither Supervisor Krisher nor Gorr contacted any other business to provide tree
cutting or brush removal services for the township since January 2001.
45. Since January 2001, Upper Macungie Township utilized the services of Craico Tree
Services Inc. at least sixteen (16) times.
a. Work orders were placed by both Krisher and Gorr.
46. Once work was completed by Craico Tree Services Inc., an invoice would be
generated and submitted to the township for payment.
a. Invoices from Craico Tree Service, Inc. were processed the same as all
other township bills.
b. Supervisor Krisher routinely participated in the approval of Craico Tree
Service Inc. invoices.
c. Supervisor Krisher never abstained from the approval process.
47. From January 2001 through June of 2006, Craico Tree Services, Inc. was used by
Upper Macungie Township to provide debris and tree removal services on the
following dates:
a. Order Date
2/01
2/5/01
3/27/01
4/14/01
11/2001
X
3/25/02
4/2002
8/5/02
1/12/03
5/1/03
9/26/03
12/03
2/15/04
12/04
X
48. Supervisor Krisher in his official capacity as an Upper Macungie Township
Supervisor signed the font side of the following township checks issued to Craico
Tree Service, Inc.
a. Date
2/22/01
3/2/01
Completion Date
2/28/01
2/12/01
4/6/01
4/15/01
11/30/01
X
3/29/02
4/15/02
8/7/02
2/27/03
5/30/03
9/29/03
1/28/04
2/29/04
1/3/05
X
Check #
26671
26717
Amount
$1,250.00
$3,000.00
Invoice Date
2/28/01
2/12/01
4/6/01
5/1/01
12/1/01
3/20/02
4/1/02
4/15/02
8/7/02
2/28/03
5/30/03
10/1/03
1/28/04
2/29/04
1/3/05
6/5/06
Amount
$3,000.00
$1,250.00
$3,200.00
$350.00
$800.00
$5,500.00
$2,800.00
$950.00
$1,700.00
$1,150.00
$5,875.00
$1,075.00
$9,095.00
$8,500.00
$1,200.00
$9,600.00
Total: $56,045.00
Krisher, 06 -003
Page 13
4/6/01 26897 $3,200.00
5/9/01 27105 $350.00
12/14/01 28191 $800.00
3/23/02 28628 $5,500.00
4/2/02 28735 $2,800.00
4/29/02 28806 $950.00
8/16/02 29234 $1,700.00
3/11/03 30297 $1,150.00
5/31/03 30575 $5,875.00
10/19/03 31084 $1,075.00
1/31/04 31635 $9,095.00
2/29/04 31782 $8,500.00
1/16/05 33079 $1,200.00
6/30/06 35524 $9,600.00
49. From January 2001 through May 2006, Krisher in his official capacity as an Upper
Macungie Township Supervisor was aware and voted to approve Treasurers
Reports which included payments to Craico Tree Services, Inc., at all meetings that
he was present at.
a. Meeting minutes for Upper Macungie Township show no record of Krisher
ever abstaining from votes concerning Craico Tree Service, Inc.
50. Craico Tree Service Inc. received payments totaling $56,045.00 from Upper
Macungie Township since February 2001.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS CONCERNING
KRISHER FAILING TO FILE A STATEMENT OF FINANCIAL INTERESTS WITH UPPER
MACUNGIE TOWNSHIP FOR CALENDAR YEAR 2001, BY MAY 1, 2002.
51. As supervisor for Upper Macungie Township, Krisher was required annually to file a
Statement of Financial Interests form by the May 1 deadline, containing information
for the prior calendar year.
52. Statements of Financial Interests forms on file with Upper Macungie Township
include the following filings by Krisher.
a. Calendar Year 2001: No filing found.
b. Calendar Year: 2002
Filed: 1/3/03 on SEC form 1/02
Position: Board of Supervisors /Retired
Creditors: None
Direct /Indirect Sources of Income: Upper Macungie Township
All other Financial Interests: None
c. Calendar Year: 2003
Filed: 1/26/04 on SEC form 1/03
Position: Board of Supervisors /Retired
Creditors: None
Direct /Indirect Sources of Income: Social Security and Upper Macungie
Township
All other Financial Interests: None
d. Calendar Year: 2004
Filed: 1/12/05 on SEC form 1/05
Position: Board of Supervisors /Retired
Krisher, 06 -003
Page 14
Creditors: None
Direct /Indirect Sources of Income: Social Security, Commonwealth of PA,
Upper Macungie Township
All other Financial Interests: None
e. Calendar Year 2005: No filing found.
53. On September 6, 2006, Krisher filed amended Statements of Financial Interests
forms with the State Ethics Commission for calendar years 2001 and 2005.
Amended filing included the following information:
a. Calendar Year: 2001
Filed: 9/6/06 on SEC form 01/06
Position: Township Supervisor
Creditors: None
Direct /Indirect Sources of Income: Upper Macungie Township, Comm of
PA, Social Security
All other financial interests: None
b. Calendar Year: 2005
Filed: 9/6/06 on SEC form 01/06
Position: Township Supervisor
Creditors: Toyota Financial, 8%
Direct /Indirect Sources of Income: Upper Macungie Township, Comm of
PA, Social Security
All other financial interests: None
III. DISCUSSION:
At all times relevant to this matter, Respondent Porter Krisher (also referred to
herein as "Respondent," "Respondent Krisher," or "Krisher ") 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 allegations are that Krisher, a public official in his capacity as a Supervisor for
Upper Macungie Township ( "Township "), violated Sections 1103(a), 1103(f), 1104(a) and
1105(b)(8),(9) of the Ethics Act, 65 Pa.C.S. §§ 1103(a), 1103(f), 1104(a) and
1105(b)(8),(9): (1) 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; (2) when he utilized a township credit card to
make purchases of a personal nature; (3) when he failed to file a Statement of Financial
Interests for the 2001 calendar year by May 1, 2002; (4) when he participated in actions of
the board of supervisors to award contracts in excess of $500 without an open and public
process to Craico Tree Service, a business with which he and his son are associated; (5)
when he participated in decisions of the board of supervisors to approve payments to
Craico Tree Service including voting to approve payments and signing checks; (6) when
he failed to disclose Craico as a source of income on Statements of Financial Interests
filed for the 2001 through 2005 calendar years; and (7) when he failed to disclose his
ownership in Craico on Statements of Financial Interests for the 2001 through 2005
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
Krisher, 06 -003
Page 15
(a) Conflict of interest. - -No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The Ethics Act defines the following terms pertaining to conflicts of interest as
follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
"Immediate family." A parent, spouse, child, brother
or sister.
"Business." Any corporation, partnership, sole
proprietorship, firm, enterprise, franchise, association,
organization, self - employed individual, holding company, joint
stock company, receivership, trust or any legal entity
organized for profit.
"Business with which he is associated." Any
business in which the person or a member of the person's
immediate family is a director, officer, owner, employee or has
a financial interest.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official /public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
Section 1103(f) of the Ethics Act imposes certain restrictions as to contracting:
§ 1103. Restricted activities
(f) Contract. —No public official or public employee or
his spouse or child or any business in which the person or his
spouse or child is associated shall enter into any contract
valued at $500 or more with the governmental body with which
the public official or public employee is associated or any
subcontract valued at $500 or more with any person who has
Krisher, 06 -003
Page 16
been awarded a contract with the governmental body with
which the public official or public employee is associated,
unless the contract has been awarded through an open and
public process, including prior public notice and subsequent
public disclosure of all proposals considered and contracts
awarded. In such a case, the public official or public employee
shall not have any supervisory or overall responsibility for the
implementation or administration of the contract. Any contract
or subcontract made in violation of this subsection shall be
voidable by a court of competent jurisdiction if the suit is
commenced within 90 days of the making of the contract or
subcontract.
65 Pa.C.S. § 1103(f).
Section 1103(f) of the Ethics Act provides in part that no public official /public
employee or spouse or child or business with which he or the spouse or child is associated
may enter into a contract with his governmental body valued at five hundred dollars or
more or any subcontract valued at five hundred dollars or more with any person who has
been awarded a contract with the governmental body with which the public official /public
employee is associated unless the contract is awarded through an open and public
process including prior public notice and subsequent public disclosure.
Section 1104(a) of the Ethics Act provides that each public official /public employee
must file a Statement of Financial Interests for the preceding calendar year, each year that
he holds the position and the year after he leaves it.
Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the Statement
of Financial Interests any office, directorship or employment in any business entity.
Section 1105(b)(9) of the Ethics Act requires the filer to disclose on the Statement
of Financial Interests any financial interest in any legal entity engaged in business for
profit. The term "financial interest" is defined in the Ethics Act as "[a]ny financial interest in
a legal entity engaged in business for profit which comprises more than 5% of the equity of
the business or more than 5% of the assets of the economic interest in indebtedness." 65
Pa.C.S. § 1102.
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.
Krisher has served as a Township Supervisor from approximately January 1992 to
the present. The Township Board of Supervisors ( "Board ") is a three - member Board.
Krisher serves as Chairman of the Board and as a Township roadmaster.
The Board holds one regular meeting per month. Prior to the Board's monthly
meeting, bills are compiled and reviewed by the supervisors. Such review occurs prior to
the formation of a formal bill list and Treasurer's report. Following the review of bills, the
payment checks are 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 subsequently, at the monthly Board meeting.
In 2000, the Board decided to obtain credit cards to be used to make purchases of
supplies and small items for the Township. Five credit cards, each with a separate
identification number, were obtained for Krisher, Supervisor Thomas Gorr ( "Gorr "), and
three other township officials. The cards were obtained to be used to make business
related purchases only. The Board never enacted a policy setting forth guidelines for the
Krisher, 06 -003
Page 17
appropriate use of the credit cards. Additionally, no Township policy exists setting forth
guidelines for reimbursement of personal expenses.
Between January 2001 and May 2006, Krisher used his Township issued credit card
for personal purchases and for purchases relating to Township business.
Krisher routinely charged meals at local restaurants on his Township credit card.
See, Finding 12. Krisher asserts that he purchased meals for himself and others as part of
meetings with Township officials and outside individuals and that purchases of breakfast,
meals, and alcoholic beverages at retirement parties were for Township employees.
Krisher never submitted receipts for such expenditures.
Prior to the issuance of the aforesaid credit cards, the Township never paid for
meals and hospitality for Township officials and employees. Additionally, the Township
never officially authorized the purchase of meals and alcohol for Township employees.
In 2002 and 2003, Krisher used his Township issued credit card to purchase rooms
at a Holiday Inn for use by the road crew during a winter storm cleanup and for holding
retirement and other Township functions.
Krisher annually attended the PSATS Annual Convention and Trade Show held in
Hershey, PA. Krisher's wife accompanied him to the conferences held in 2001 through
2006. Krisher authorized the payment of his wife's registration fees totaling $285 for her
attendance at the 2001 through 2006 PSATS conventions.
Per Finding 20, Krisher also used his Township issued credit card to pay for
expenses that he and his wife incurred during the PSATS conventions. For the 2001, 2003
and 2005 annual PSATS conventions, Krisher requested and received expense checks
from the Township in the amount of $400 for each conference and also charged expenses
totaling $714.81 on his Township issued credit card as set forth in Findings 27 -28. The
expenses on Krisher's 2005 hotel folio from the PSATS convention included a personal
purchase in April 2005 in the amount of $19.52 from the hotel's gift shop.
From November 7 -10, 2002, Krisher and his wife attended the International
Association of Fire Chiefs' Symposium in the Sun, in Orlando Florida. The parties have
stipulated that the Board did not take any official action authorizing Krisher or his wife to
attend the symposium and that Krisher's attendance at this function was personal in nature
and unrelated to Township business. However, Krisher used his Township issued
MasterCard to pay for his and his wife's hotel, airfare, meals, and other expenses incurred
during the trip as set forth in Findings 32 -33.
As detailed in Finding 34, from February 2001 through March 2005, Krisher made
other personal purchases totaling $453.94 using the Township credit card, which
purchases did not relate to his duties and responsibilities with the Township. These
purchases were for various personal products that Krisher retained for his own use. Two
such purchases in February and March 2001 were from marine businesses.
From January 2001 through May 2006, Krisher in his official capacity as a Township
Supervisor, received and reviewed MasterCard bills, signed checks, reviewed bill lists, and
voted to approve Treasurer's reports that included purchases made by him on his
Township issued charge card. The parties have stipulated that Krisher voted to approve
all such Treasurer's reports at all meetings at which he was present, and that Krisher was
absent from the meetings of: February 6, 2003, at which the bills from January 2003 were
approved; March 6, 2003, at which the bills from February 2003 were approved; November
4, 2004, at which the bills from October 2004 were approved; and September 1, 2005, at
which the bills from August 2005 were approved.
Krisher, 06 -003
Page 18
We shall now review the stipulated Findings pertaining to work performed for the
Township by Craico Tree Service, Inc. ( "Craico "). Craico is a tree and debris removal
service owned by Krisher's son, Craig Krisher. Craig Krisher is the sole owner of Craico.
Krisher has no ownership interest or officer position in Craico.
Craico has been providing tree cutting and brush removal services for the Township
since at least January 2001. From January 2001 through June of 2006, the Township
utilized the services of Craico on sixteen (16) occasions at a total expense to the Township
of $56,045. The work orders were placed by both Krisher and Gorr. The Board did not
take any official action soliciting bids for tree and debris removal services. Additionally,
neither Krisher nor Gorr contacted any business other than Craico to provide tree cutting
or brush removal services for the Township since January 2001.
From January 2001 through May 2006, Krisher in his official capacity as a Township
Supervisor was aware of and voted to approve Treasurer's Reports that included payments
to Craico. Krisher routinely participated in the approval of Craico invoices. Krisher never
abstained from the approval process. As detailed in Finding 48, Krisher as a Township
Supervisor also signed the front side of sixteen (16) checks totaling $56,045 issued to
Craico from February 2001 through June 2006.
Turning to the Findings pertaining to Krisher's Statements of Financial Interests, as
a Township Supervisor, Krisher was required to file Statements of Financial Interests
(SFIs) pursuant to the Ethics Act. No SFIs for calendar years 2001 and 2005 were found
on file for Krisher. On September 6, 2006, Krisher filed amended SFIs for calendar years
2001 and 2005 through this Commission.
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 in
relation to Krisher claiming expenditures and receiving
reimbursement for his wife's expenses for attendance at
conventions and seminars from the township.
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 Krisher's utilization of a township credit and [sic] to
make purchases of a personal nature, including a trip to a
symposium in Orlando, boat related purchases and a purchase
at a hotel gift shop.
c. That violations of Section 1103(a) and 1103(f) of the Public
Official and Employee Ethics Law, 65 Pa.C.S. § §1103(a) and
1103(f) occurred when Krisher participated in the awarding of
contracts in excess of $500.00 without an open and public
process to Craico Tree Service, a business with which his son
is associated.
d. That a violation of Section 1104(a) of the Public Official and
Employee Ethics Law, 65 Pa.C.S. §1104(a) occurred in
Krisher, 06 -003
Page 19
relation to Krisher's failure to file Statements of Financial
Interests for calendar year 2001.
e. That no violation of Section 1105(b)(8) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1105(b)(8) occurred
when Krisher failed to disclose Craico, a business owned by
his son, as a source of income on Statements of Financial
Interests filed for the 2001 through 2005 calendar years.
f. That no violation of Section 1105(b)(9) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1105(b)(9) occurred
when Krisher failed to disclose his ownership in Craico on
Statements of Financial Interests for the 2001 through 2005
calendar years.
4. Krisher agrees to make payment in the amount of $10,000 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. Krisher 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 -3.
In considering the Consent Agreement, we determine that the elements for the
recommended violations of Section 1103(a) of the Ethics Act have been established.
With regard to the first recommended violation of Section 1103(a), per the stipulated
Findings, Krisher used his Township issued credit card for personal purchases as well as
for Township business. Some of the personal purchases on Krisher's Township credit card
were for expenses incurred by his wife while the couple attended the annual PSATS
conventions in Hershey, Pennsylvania. Krisher also authorized the payment of his wife's
guest registration fees for attending the 2001 through 2006 PSATS conventions. Krisher
claimed expenditures and received reimbursements from the Township for his wife's
attendance at the 2001 through 2006 PSATS conventions.
Krisher's actions as to claiming expenditures and receiving reimbursements for his
wife's expenses for attendance at the 2001 through 2006 PSATS convention were uses of
the authority of his public office. But for the fact that Krisher was a Township Supervisor,
he would not have been in a position to claim such expenditures or to receive such
reimbursements from the Township. Such uses of Krisher's authority of office resulted in a
private pecuniary benefit to Krisher and /or his spouse, who is a member of Krisher's
immediate family as that term is defined under the Ethics Act. There is no authorization in
law for a township supervisor to claim expenses or to be reimbursed for expenses incurred
by a spouse at such conventions. See, 53 P.S. § 66402.
Krisher, 06 -003
Page 20
With each element of a violation having been established, we hold that a violation of
Section 1103(a) of the Ethics Act occurred in relation to Krisher claiming expenditures and
receiving reimbursement from the Township for his wife's expenses for attendance at
conventions and seminars. See, Costenbader- Jacobson, Order 1236.
We also determine that a violation of Section 1103(a) of the Ethics Act occurred in
relation to Krisher's utilization of the Township credit card to make purchases of a personal
nature, including a trip taken by Krisher and his wife to the November 2002 International
Association of Fire Chiefs' Symposium in the Sun, in Orlando, Florida, as well as boat
related purchases in February and March 2001 and a personal purchase in April 2005 at a
hotel gift shop during the 2005 PSATS Convention. Krisher's authority to use the
Township issued credit card and to participate in approving payments by the Township in
payment of such charges was derived from his position as a Township Supervisor. Krisher
made no reimbursements to the Township for the personal purchases made using his
Township issued MasterCard. By using the Township issued credit card for personal
expenses, participating in approving the payment by the Township of his credit card bills,
and failing to reimburse the Township for such personal expenses, Krisher used the
authority of his public office for the private pecuniary benefit of himself and his spouse.
Turning to the third recommended violation, a clear violation of Section 1103(a) of
the Ethics Act occurred when Krisher participated in awarding Township contracts to
Craico, a business with which his son, the owner of Craico, is associated. Krisher used
the authority of his office as a Township Supervisor by placing work orders for such work
with Craico and by approving Craico invoices and Treasurer's reports including payments
to Craico. From January 2001 through June 2006, the Township utilized the services of
Craico on sixteen (16) occasions at a total expense to the Township of $56,045. From
January 2001 through May 2006, Krisher in his official capacity as a Township Supervisor
was aware of and voted to approve Treasurer's Reports that included payments to Craico.
Krisher as a Township Supervisor also signed the front side of sixteen (16) checks totaling
$56,045 issued to Craico from February 2001 through June 2006. The aforesaid uses of
the authority of Krisher's public office resulted in a private pecuniary benefit to Craico, a
business with which Krisher's son is associated.
As for the recommended violation of Section 1103(f) as to the Craico work, of the
aforesaid sixteen contracts between the Township and Craico, all but one were valued in
excess of $500. These contracts were directed to Craico by Krisher or Gorr without any
open and public process. For fifteen of the sixteen contracts, an open and public process
conforming to the restrictions of Section 1103(f) of the Ethics Act was required but was not
observed.
We are mindful of the recent ruling in Bixler v. State Ethics Commission, 847 A.2d
785 (Pa. Commw. Ct. 2004). In Bixler, supra, the Commonwealth Court held that a
township supervisor did not violate Section 1103(f) of the Ethics Act when a business that
employed him entered into a contract in excess of $500 with his township without an open
and public process, but the supervisor himself was neither a party to the contract nor a
principal of the contracting business. Id. The Court determined that Section 1103(f) of the
Ethics Act prohibited the conduct of entering into the contract under such circumstances.
The Court concluded that although a violation of Section 1103(f) of the Ethics Act would be
established under such circumstances, it would not be the public official who would be in
violation of the law. Id. See also, Means, Opinion 04 -007.
In the instant matter, Krisher has no ownership interest or officer position in Craico.
The stipulated Findings do not indicate any other basis for concluding that Krisher is a
principal of Craico. If the parties had not determined to enter into a Consent Agreement,
we might have been presented with factual and legal issues as to whether, under the
circumstances of this case, Bixler would apply. However, given: (1) that the parties have
Krisher, 06 -003
Page 21
entered into a comprehensive Consent Agreement with the benefit of legal counsel to
assist them in weighing all relevant factual and legal considerations, and (2) the parties
are in agreement that a violation of Section 1103(f) would be appropriate as part of an
overall settlement of this case, we shall accept the parties' proposed disposition as to
Section 1103(f). We note that the Section 1103(f) determination in this case based upon
the agreement of the parties should not be considered as precedent for other cases, which
would be determined based upon their facts and circumstances.
We hold that violations of Sections 1103(a) and 1103(f) of the Ethics Act occurred
when Krisher participated in the awarding of contracts in excess of $500 without an open
and public process to Craico, a business with which his son is associated.
Based upon the stipulated Findings, a violation of Section 1104(a) of the Ethics Act
occurred in relation to Krisher's failure to file a Statement of Financial Interests for
calendar year 2001. We note that Krisher has now filed forms for calendar years 2001 and
2005 through this Commission.
Finally, we agree with the parties that no violation of Section 1105(b)(8) or Section
1105(b)(9) of the Ethics Act occurred under the stipulated Findings. Section 1105(b)(8) of
the Ethics Act requires the filer to disclose on the Statement of Financial Interests any
office, directorship or employment in any business entity. Section 1105(b)(9) of the Ethics
Act requires the filer to disclose on the Statement of Financial Interests any financial
interest in any legal entity engaged in business for profit. The record before us does not
present any factual basis to support a violation of either of these Sections. The record
also does not provide any basis for concluding that Craico was a source of income for
Krisher. See, 65 Pa.C.S. § 1105(b)(5).
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, Krisher is directed to make
payment in the amount of $10,000 in settlement of this matter payable to the
Commonwealth of Pennsylvania and forwarded to this Commission by no later than the
thirtieth (30 ") day after the mailing date of this Order.
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 Porter Krisher ( "Krisher "), as a Township Supervisor for Upper
Macungie Township ( "Township ") from approximately January 1992 to the present,
has at all times relevant to this matter 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.
2. Krisher violated Section 1103(a) of the Ethics Act in relation to claiming
expenditures and receiving reimbursement from the Township for his wife's
expenses for attendance at conventions and seminars.
3. Krisher violated Section 1103(a) of the Ethics Act in relation to his utilization of a
township credit card to make purchases of a personal nature, including a trip to a
symposium in Orlando, boat related purchases and a purchase at a hotel gift shop.
4. Violations of Sections 1103(a) and 1103(f) of the Ethics Act occurred when Krisher
participated in the awarding of contracts in excess of $500 without an open and
public process to Craico Tree Service, Inc., a business with which his son is
Krisher, 06 -003
Page 22
associated.
5. Krisher violated Section 1104(a) of the Ethics Act in relation to his failure to file a
Statement of Financial Interests for calendar year 2001.
6. No violation of Section 1105(b)(8) of the Ethics Act occurred when Krisher did not
disclose Craico, a business owned by his son, on Statements of Financial Interests
filed for the 2001 through 2005 calendar years.
7 No violation of Section 1105(b)(9) of the Ethics Act occurred when Krisher did not
disclose ownership in Craico on Statements of Financial Interests for the 2001
through 2005 calendar years.
In Re: Porter Krisher
ORDER NO. 1425
File Docket: 06 -003
Date Decided: 1/8/07
Date Mailed: 1/23/07
1 Respondent Porter Krisher ( "Krisher "), a public official in his capacity as a Township
Supervisor for Upper Macungie Township ( "Township ") from approximately January
1992 to the present, violated Section 1103(a) of the Ethics Act in relation to
claiming expenditures and receiving reimbursement from the Township for his wife's
expenses for attendance at conventions and seminars.
2. Krisher violated Section 1103(a) of the Ethics Act in relation to his utilization of a
township credit card to make purchases of a personal nature, including a trip to a
symposium in Orlando, boat related purchases and a purchase at a hotel gift shop.
3. Violations of Sections 1103(a) and 1103(f) of the Ethics Act occurred when Krisher
participated in the awarding of contracts in excess of $500 without an open and
public process to Craico Tree Service, Inc., a business with which his son is
associated.
4. Krisher violated Section 1104(a) of the Ethics Act in relation to his failure to file a
Statement of Financial Interests for calendar year 2001.
5. No violation of Section 1105(b)(8) of the Ethics Act occurred when Krisher did not
disclose Craico, a business owned by his son, on Statements of Financial Interests
filed for the 2001 through 2005 calendar years.
6. No violation of Section 1105(b)(9) of the Ethics Act occurred when Krisher did not
disclose ownership in Craico on Statements of Financial Interests for the 2001
through 2005 calendar years.
7 Per the Consent Agreement of the parties, Krisher is directed to make payment in
the amount of $10,000.00 in settlement of this matter payable to the Commonwealth
of Pennsylvania and forwarded to this Commission by no later than the thirtieth
(30 day after the mailing date of this Order.
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