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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