HomeMy WebLinkAbout1440 GordnierIn Re: Stewart Gordnier,
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
06 -018
Order No. 1440
6/11/07
6/29/07
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding a possible violation of the Public Official and Employee Ethics
Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the
commencement of its investigation, the Investigative Division served upon Respondent
written notice of the specific allegations. Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an "Investigative Complaint." An Answer was not filed. A Stipulation of Findings and a
Consent Agreement waiving an evidentiary hearing were submitted by the parties to the
Commission for consideration. The record is complete. The Stipulation of Findings is
quoted as the Findings in this Order. The Consent Agreement has been approved.
This adjudication of the State Ethics Commission is issued under the Ethics Act and
will be made available as a public document thirty days after the mailing date noted above.
However, reconsideration may be requested. Any reconsideration request must be
received at this Commission within thirty days of the mailing date and must include a
detailed explanation of the reasons as to why reconsideration should be granted in
conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the
finality of this adjudication but will defer its public release pending action on the request by
the Commission.
The files in this case will remain confidential in accordance with the Ethics Act. Any
person who violates such confidentiality commits a misdemeanor and, upon conviction,
may be subject to a fine of not more than $1,000 or imprisonment for not more than one
year. Confidentiality does not preclude discussing this case with an attorney at law.
Gordnier, 06 -018
Page 2
I. ALLEGATIONS:
That Stewart Gordnier, a public official /public employee in his capacity as a
Supervisor of Keating Township, Potter County, violated Sections 1103(a) and 1103(f) of
the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a) and 1103(f), when he used
the authority of his office for the private pecuniary gain of himself and /or a business with
which he and /or a member of his immediate family are [sic] associated when he
participated in actions and discussion of the board of supervisors resulting in purchases
being made from Sunny Hill Pipe, a business which is owned by Gordnier and /or members
of his immediate family; and when sales made in excess of $500.00 were awarded without
an open and public process.
II. FINDINGS:
1. On December 11, 2006, the Investigative Division of the State Ethics Commission
filed an application for a second ninety day extension of time to complete the
investigation.
2. The Commission issued an order on January 8, 2007, granting the ninety day
extension.
3. Stewart Gordnier served as a Supervisor for Keating Township, Potter County from
January 5, 2004, through March 20, 2006.
a. Gordnier served as the Chairman of the Board of Supervisors for the entire
time he held office.
4. Keating Township is a second -class township governed by a three - member board
of supervisors.
a. Regular meetings are held once per month.
5. Joyce Gordnier, township secretary treasurer, was responsible for taking care of the
monthly minutes including the recording of votes.
a. Stewart Gordnier is the stepson of Joyce Gordnier.
1. Joyce Gordnier had been the secretary /treasurer since approximately
1995.
6. Voting at Keating Township meetings occurs via a group yes /no vote after a motion
is made and seconded.
a. Any abstentions that occur are specifically listed in the minutes.
7 Joyce Gordnier and all three supervisors maintained signature authority over the
township accounts.
a. Signatures on the checks from the General and State Fund required the
signature of Joyce Gordnier and at least two supervisors.
b. Signatures on the checks needed are live signatures.
8. The monthly bills of the township were generally not read aloud during the regular
monthly supervisor's meeting.
a. Stewart Gordnier along with the other supervisors was provided with a
Gordnier, 06 -018
Page 3
monthly bill list prior to the vote to approve the monthly bills.
9. Stewart Gordnier along with the other supervisors signed the checks at the monthly
meetings after the motion to pay the monthly bills was approved.
a. Each supervisor was given an equal stack of checks to sign.
10. Keating Township has no road crew.
a. Joyce Gordnier was Keating Township's only regular employee.
b. Keating Township Supervisor Arthur Moate worked on the roads on an as
needed basis.
1. Moate has served as the township roadmaster since January 2004.
11. Keating Township has approximately 31 miles of roads in the township.
12. Road work needed in the township was discussed by the supervisors at a township
meeting, but no specific individual /contractor would be awarded the project.
a. As the township roadmaster, Moate was the individual responsible for
contacting individuals to perform services for the township.
13. When Gordnier became a township supervisor in 2004, the roads in the township
were in poor condition.
a. Gordnier and township roadmaster Arthur Moate improved the conditions of
the roads by doing various repairs that included installing drainage pipes.
b. In 2005, Gordnier and Moate applied [for] and receive[d] a grant from the
Potter County Conservation District in the amount of $30,000.00 to perform
road repairs to Matt Ward Road.
1. The materials purchased by the township for this road project
included drainage pipes.
14. Keating Township did not publicly advertise, bid or solicit phone quotes for any
services with an estimated cost of under $ 4,000.00.
15. Tracie Gordnier is the wife of Stewart Gordnier.
16. Tracie Gordnier is the owner of Sunny Hill Enterprises that does business out of the
following location:
a. RT 872 South, RR # 3 Box 234A
Coudersport, PA 16915
b. Stewart Gordnier and Tracie Gordnier reside at the above listed address.
17. Fictitious Name Registration for Sunny Hill Enterprises lists Tracie Lynn Gordnier
as the owner of the business.
a. The business was established on November 11, 1998.
b. The nature of the business included Retail and Contractor's Construction
Supply.
Gordnier, 06 -018
Page 4
18. Tracie Gordnier has sold drainage pipes and computer software to Keating
Township since 1999.
a. Tracie Gordnier had sold pipe and supplies to the township prior to Stewart
Gordnier becoming a township supervisor.
19. The vast majority of the pipes sold to the township by Tracie Gordnier were
completed [sic] without seeking competitive bids.
a. Tracie Gordnier was used for the township projects because of convenience
and reasonable prices.
b. Some purchases were initiated by Roadmaster Moate following
determinations to repair township roads and the extent of repairs.
20. The drainage pipe used in the repair of township roads in 2004 to 2006 was
purchased from Sunny Hill Enterprises.
21. The pipes sold to Keating Township by Sunny Hill Enterprises between 2004 and
2006 were not advertised or publicly bid by the township.
a. Purchases were made on an as needed basis and were not made in bulk.
b. Orders were placed by Roadmaster Moate.
c. Stewart Gordnier was not involved in the ordering of pipe from Sunny Hill
Enterprises.
1. Gordnier discussed pipe purchases with Moate and informed Moate
to get the best price.
22. Gordnier submitted bills for the township's purchase of pipe to Keating Township to
the attention of Joyce Gordnier.
a. Tracie Gordnier utilized invoices with a letterhead from Sunny Hill
Enterprises to document her billing to the township.
1. The invoices listed the invoice number, date, description of purchase
and amount.
23. From April 2004 through February 2006, Tracie Gordnier under the name Sunny
Hill Enterprises billed and was issued payments totaling $10,617.86 by Keating
Township for services performed as shown below:
Check Check
Date Number
04 -01 -04 3299
05 -31 -04 2032
07 -17 -04
08 -31 -04
Check
Amount
$ 255.00
$1,254.60
3332 $ 230.00
2068 $ 141.90
Description of Supplies or
Work Performed
Time spent adapting Peachtree
accounting to new computer system
18" HDPE, N12PE Smoothbore Pipe
18" Split Coupler
15" ADS N -12PE Smoothbore Pipe
15" ANN Split coupling
24" HDPE N -12 Smoothbore Pipe IB
1.5 SCH40 Conduit Pipe, 6" SCH40 Pipe
Gordnier, 06 -018
Page 5
09 -30 -04 3373
10 -31 -04 3391
11 -30 -04 2100
01 -31 -05 3443
05 -31 -05 2173
06 -30 -05 2190
09 -30 -05 3544
12 -31 -05 2230
02 -28 -06 3620
Total
$ 238.00
$ 297.00
$ 795.00
$522.55
$1,377.60
$2,256.20
$2,402.91
$ 189.10
$ 658.00
$10,617.86
Meeting Check Check Gordnier Final
Date Date Number Vote Vote
04/05/04 04/01/04 3299 Yes 3 -0
06/07/04 05/31/04 2032 Yes 3 -0
07/17/04 07/17/04 3332 No 3 -0
09/08/04 08/31/04 2068 Yes 2 -0
10/04/04 09/30/04 3373 Yes 3 -0
11/01/04 10/31/04 3391 Yes 3 -0
12/06/04 11/30/04 2100 Yes 3 -0
Pressurized 10', 6" DWV, Pipe Glue 705
Pints, Pipe primer /cleaner P -70P
Blue General Fund and Red State Fund
Checks
15" ADS N -12PE Smoothbore Pipe
30" HDPE N -12 Smoothbore Pipe
30" ADS N -12 Coupler
15" ADS N -12 PE Smoothbore Pipe
15" ANN Split Coupling
Hours for Peachtree upgrade and hours
for Peachtree end of year
18" HDPE N -12 Smoothbore Pipe
18" Split Coupling
15" ADS N -12PE Smoothbore Pipe
15" ANN Split Coupling
24" HDPE N -12 Smoothbore Pipe IB
24" ANN Split Coupling
15" ADS N -12PE Smoothbore Pipe
15" ANN Split Coupling
15" ADS N -12 Smoothbore Pipe
15" ANN Split Coupling
18" ADS Smoothbore Sluice
18" HDPE N -12PE Smoothbore Pipe
15" ANN Split Coupling
4" HWY ADS PERF Coil, 100'
4" ADS N -12 Smoothbore Pipe
4" ADS Internal Coupler
15" ADS N -12 PE Smoothbore Pipe
15" ANN Split Coupling
24" HDPE N -12 Smoothbore Pipe
24" ANN Split Coupling
Peachtree year -end.
24. Seven [of] the 13 checks issued to Sunny Hill Enterprises, exceeded $500.
a. Of the seven checks issued to Sunny Hill Enterprises in excess of $500.00,
none of the services performed were publicly advertised or bid by the
township.
25. Stewart Gordnier participated in voting to approve monthly bills which included all
(13) payments issued to Sunny Hill Enterprises and signed as a township signatory
on (10) checks issued to Sunny Hill Enterprises as shown below:
Gordnier Sign as
Signatory
Yes
Yes
No
Yes
Yes
Yes
Yes
Gordnier, 06 -018
Page 6
02/07/05 01/31/05 3443 Yes 3 -0 No
06/06/05 05/31/05 2173 Yes 3 -0 Yes
07/11/05 06/30/05 2190 Yes 2 -0 No
10/07/05 09/30/05 3544 Yes 3 -0 Yes
01/03/06 12/31/05 2230 Yes 3 -0 Yes
03/06/06 02/28/06 3620 Yes 3 -0 Yes
a. Minutes for the above referenced meetings document the approval of the bill
list as carried after a motion was made and seconded.
1. Minutes for the above referenced meetings document no abstentions
by Gordnier in association with the approval of the monthly bills.
2. Gordnier voted affirmatively to approve the monthly bills twelve times,
which included payments to Sunny Hill Enterprises.
b. Gordnier signed ten of the thirteen checks issued to Sunny Hill Enterprises
as an authorized township signatory.
26. From April 2004 through February 2006 Sunny Hill Enterprises was issued
payments from Keating Township by year as follows:
a. 2004: $3,211.50
b. 2005: $6,748.36
c. 2006: $ 658.00
d. Total: $10,617.86
27. Stewart Gordnier did not publicly disclose his immediate family relationship with
Tracie Gordnier as the owner of Sunny Hill Enterprises prior to voting to approve
the monthly bills, which included payments to Sunny Hill Enterprises.
a. Stewart Gordnier's family relationship with Tracie Gordnier was
common knowledge among the supervisors.
28. Tracie Gordnier's supplier for the drainage pipes and supplies sold to Keating
Township was Fry's Plastic located in Pennsdale, Pennsylvania.
a. Fry's Plastic had been the supplier since approximately 1998.
b. Tracie Gordnier received discounts because of being a frequent customer.
c. Tracie Gordnier's mark up in price for the drainage pipes sold to Keating
Township in 2004 and 2005 was approximately 15 %.
29. During a statement provided to a Commission Investigator on March 23, 2007,
Stewart Gordnier provided the following information:
a. Gordnier had been involved in the construction business for a number of
years.
b. Gordnier had been the Project Manager for Glenn 0. Hawbaker, Inc. for
approximately four years.
c. Gordnier's wife Tracie Gordnier operated Sunny Hill Enterprises.
Gordnier, 06 -018
Page 7
d. Gordnier shared in the profits Tracie Gordnier made from Sunny Hill
Enterprises.
e. Gordnier was interested in the best savings for the township that included
using Catalone Pipe on one occasion instead of Sunny Hill Enterprises
because they were the lowest bidder.
f. Gordnier was not familiar with the proper procedures and protocol when
selecting Sunny Hill Enterprises for Keating Township.
30. Stewart and Tracie Gordnier filed Federal Income Tax Returns for calendar years
2004 and 2005.
a. Included in Stewart and Tracie Gordnier's income tax returns were Schedule
C (Form 1040), Profit or Loss From Business (Sole Proprietorship) reports
regarding Tracie Gordnier's business Sunny Hill Enterprises for each
respective year.
31. Stewart and Tracie Gordnier realized profit percentages for Sunny Hill Enterprises
for the years 2004 through 2006 as follows: (Percent Profit was calculated by
dividing Net Profit by Gross Profit):
a. 2004: Net Profit -
Gross Profit -
Percent of Profit-
b. 2005: Net Profit -
Gross Profit -
Percent of Profit
c.
1.
32. Based on the
from Keating
a. 2004:
b. 2005:
c. 2006:
d.
III. DISCUSSION:
Income from Township -
Percent of Profit -
Profit from Township -
Income from Township -
Percent of Profit -
Profit from Township -
Income from Township -
Percent of Profit -
Profit from Township-
$5,981(divided by)
$47,122
12.7
$21,032 (divided by)
$74,331
28.3
2006: Average of 12.7 % and 28.3 % = 20.5
The percentage of profit for 2006 was calculated by averaging the
percentages from 2004 and 2005, as there was no tax filing for 2006
at this time.
percent of profit, Sunny Hill Enterprises' profit on the income received
Township totaled $ 2,452.48 as follows:
$3,211.50
12.7
$ 407.80
$6,748.36
28.3
$1,909.79
$ 658.00
20.5
$ 134.89
Total Profit from Township: $ 2,452.48
Gordnier, 06 -018
Page 8
Respondent Stewart Gordnier (also referred to herein as "Respondent,"
"Respondent Gordnier," or "Gordnier "), as a Supervisor for Keating Township ( "Township ")
from January 5, 2004, through March 20, 2006, was a public official subject to the
provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101
et seq.
The allegations are that Gordnier, as a Keating Township Supervisor, violated
Sections 1103(a) and 1103(f) of the Ethics Act when he used the authority of his office for
the private pecuniary gain of himself and /or a business with which he and /or a member of
his immediate family is associated when he participated in actions and discussion of the
board of supervisors resulting in purchases being made from Sunny Hill Pipe /Sunny Hill
Enterprises, a business which is owned by Gordnier and /or members of his immediate
family; and when sales made in excess of $500.00 were awarded without an open and
public process.
Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted Activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The following terms are defined in the Ethics Act 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.
Gordnier, 06 -018
Page 9
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
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 his spouse or child or business with which the public official /public employee
or his 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.
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.
Gordnier served as a Township Supervisor and Chairman of the Township Board of
Supervisors ( "Board ") from January 5, 2004, through March 20, 2006. The Board is a
three - member board. Gordnier's step- mother, Joyce Gordnier, has been the Township
Secretary /Treasurer since approximately 1995.
The Board holds one regular meeting per month. At the Board meetings, voting
occurs by a group aye or nay with abstentions specifically noted in the minutes. Prior to
the Board's monthly meeting, the supervisors are provided with a monthly bill list.
Following approval of a motion to pay the bills at the monthly Board meeting, the payment
Gordnier, 06 -018
Page 10
checks are signed by at least two of the three supervisors and Joyce Gordnier, all of whom
have signature authority for the Township's accounts.
The Township has no road crew. Supervisor Arthur Moate (referred to hereinafter
as " Moate" or "Supervisor Moate"), who has served as the Township Roadmaster since
January 2004, has worked on the roads on an as- needed basis.
When Gordnier began serving as a Township Supervisor in 2004, the Township
roads were in poor condition. Gordnier and Moate performed various repairs, including the
installation of drainage pipes, to improve the conditions of the Township's roads. In 2005,
following the receipt of a grant in the amount of $30,000.00 from the Potter County
Conservation District, the Township purchased materials, including drainage pipes, to
perform repairs to Matt Ward Road.
Tracie Gordnier is the spouse of Respondent Gordnier. Mrs. Gordnier is the owner
of Sunny Hill Enterprises (also referred to herein as "Sunny Hill Pipe "), a retail and
contractor's construction supply business that was established on November 11, 1998.
Sunny Hill Enterprises does business out of the same address at which the Gordniers
reside.
Since 1999, Mrs. Gordnier has sold drainage pipes and computer software to the
Township. The Township purchased supplies from Mrs. Gordnier because of
convenience and reasonable prices. The vast majority of the Township's pipe purchases
from Mrs. Gordnier /Sunny Hill Enterprises were made without the Township seeking
competitive bids. Supervisor Moate, as the Township Roadmaster, initiated some
purchases following determinations with regard to the repairs needed for Township roads.
The drainage pipes used in the repair of Township roads between 2004 and 2006
were purchased from Sunny Hill Enterprises. The pipes were purchased on an as -need
basis and not in bulk. Although Respondent Gordnier discussed pipe purchases with
Moate and told Moate to get the best price, Respondent Gordnier was not involved in
ordering pipe from Sunny Hill Enterprises. Rather, Moate placed orders for pipe with
Sunny Hill Enterprises. The Township's pipe purchases between 2004 and 2006 were
neither advertised nor publicly bid.
Respondent Gordnier submitted bills to the Township for the Township's pipe
purchases from Sunny Hill Enterprises. The bills consisted of invoices on the letterhead of
Sunny Hill Enterprises. Between April 2004 and February 2006, Sunny Hill Enterprises
billed the Township a total of $10,617.86 for services and supplies, as detailed in Fact
Finding 23.
Between April 2004 and February 2006, the Township issued thirteen checks in the
total amount of $10,617.86 to Sunny Hill Enterprises. Of the thirteen checks that were
issued to Sunny Hill Enterprises for Township purchases, seven exceeded $500.00. None
of those seven Township purchases were publicly advertised or bid by the Township.
Gordnier voted to approve twelve of the thirteen monthly bills lists that included the
payments to Sunny Hill Enterprises. Gordnier, as Township signatory, also co- signed ten
of the thirteen checks that were issued to Sunny Hill Enterprises. Gordnier did not
disclose his immediate family relationship with Mrs. Gordnier, the owner of Sunny Hill
Enterprises, prior to voting to approve the monthly bills lists that included payments to
Sunny Hill Enterprises.
The parties have stipulated that Sunny Hill Enterprises realized a total profit of
$2,452.48 on the income received from the Township between 2004 and 2006. See, Fact
Findings 31, 32.
Gordnier, 06 -018
Page 11
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
3. The Investigative Division will recommend the following in relation to
the above allegations:
a. That a violation of Section 1103(a) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1103(a)
occurred in relation to Gordnier's actions and
participation in actions of the Keating Township Board
of Supervisors resulting in purchases being made from
Sunny Hill Pipe, a business which is owned by Gordnier
and /or members of his immediate family; and
b. That a violation of Section 1103(f) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1103(f)
occurred when sales made to Sunny Hill Pipe, a
business which is owned by Gordnier and /or members
of his immediate family, in excess of $500.00 were
awarded without an open and public process.
4. Gordnier agrees to make payment in the amount of $1,200.00 in
settlement of this matter payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics
Commission within thirty (30) days of the issuance of the final
adjudication in this matter.
5. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other authority
to take action in this matter. Such, however, does not prohibit the
Commission from initiating appropriate enforcement actions in the
event of Respondent's failure to comply with this agreement or the
Commission's order or cooperating with any other authority who may
so choose to review this matter further.
6. Gordnier agrees to waive his rights to an evidentiary hearing and
appellate rights without prejudice to so proceed in the event that the
State Ethics Commission does not accept this agreement.
Consent Agreement, at 2.
In applying the provisions of Section 1103(a) of the Ethics Act to the stipulated
findings, there were uses of authority of office on the part of Gordnier. But for the fact that
Gordnier was a Supervisor, he would not have been in a position to discuss pipe
purchases with Moate, vote on monthly Township bill lists that included payments to Sunny
Hill Enterprises, and co -sign Township checks issued to Sunny Hill Enterprises. The
aforesaid actions constituted uses of authority of office. See, Juliante, Order 809. Such
uses of authority of office resulted in private pecuniary benefits to Sunny Hill Enterprises
consisting of the profits that were realized from providing supplies to the Township. Sunny
Hill Enterprises is owned by Gordnier's spouse, who is an immediate family member as
that term is defined by the Ethics Act.
Gordnier, 06 -018
Page 12
We hold that a violation of Section 1103(a) of the Ethics Act occurred in relation to
Gordnier's actions and participation in actions of the Township Board of Supervisors
resulting in purchases being made from Sunny Hill Enterprises, a business which is owned
by Gordnier and /or members of his immediate family. See, Hallman, Order 1400;
Bartholomew, Order 1195.
Turning to Section 1103(f) of the Ethics Act, during the time frame of 2004 through
2006, contracting occurred between the Township and Sunny Hill Enterprises, a business
with which Gordnier's spouse is associated. Seven of the thirteen individual contracts
were in excess of $500.00, while the other six were less than $500.00. No contracts were
awarded through an open and public process. Accordingly, we hold that a violation of
Section 1103(f) of the Ethics Act occurred when sales in excess of $500.00 were made to
the Township by Sunny Hill Enterprises, a business which is owned by Gordnier or his
spouse, which sales were awarded without an open and public process. See, Glover,
Order 1389.
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, Gordnier is directed to make
payment in the amount of $1,200.00 to the Commonwealth of Pennsylvania through this
Commission within thirty (30) days of the issuance of this Order. Compliance with the
foregoing will result in the closing of this case with no further action by this Commission.
Noncompliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
1. Respondent Stewart Gordnier ( "Gordnier "), as a Supervisor for Keating Township
( "Township ") from January 5, 2004, through March 20, 2006, was a public official
subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics
Act "), 65 Pa.C.S. § 1101 et seq.
2. Gordnier violated Section 1103(a) of the Ethics Act in relation to his actions and
participation in actions of the Township Board of Supervisors resulting in purchases
being made from Sunny Hill Enterprises, a business which is owned by Gordnier
and /or members of his immediate family.
3. A violation of Section 1103(f) of the Ethics Act occurred when sales in excess of
$500.00 were made to the Township by Sunny Hill Enterprises, a business which is
owned by Gordnier or his spouse, which sales were awarded without an open and
public process.
In Re: Stewart Gordnier,
Respondent
ORDER NO. 1440
File Docket: 06 -018
Date Decided: 6/11/07
Date Mailed: 6/29/07
1 Respondent Stewart Gordnier, a public official in his capacity as a Supervisor for
Keating Township ( "Township ") from January 5, 2004, to March 20, 2006, violated
Section 1103(a) of the Ethics Act in relation to his actions and participation in
actions of the Township Board of Supervisors resulting in purchases being made
from Sunny Hill Enterprises, a business which is owned by Gordnier and /or
members of his immediate family.
2. A violation of Section 1103(f) of the Ethics Act occurred when sales in excess of
$500.00 were made to the Township by Sunny Hill Enterprises, a business which is
owned by Gordnier or his spouse, which sales were awarded without an open and
public process.
3. Per the Consent Agreement of the parties, Gordnier is directed to make payment in
the amount of $1,200.00 in settlement of this matter payable to the Commonwealth
of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within
thirty (30) days of the date of the mailing 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