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HomeMy WebLinkAbout1773 BurkhartPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 In Re: Todd C. Burkhart, Respondent STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, IAA 17120-0400 File Docket: X-ref: Date Decided Date Mailed: FACSIMILE: 717-787-0806 WEBSITE: www.ethics.pa.gov 19-023 Order No. 1773 6/22/20 711120 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Melanie DePalma Michael A. Schwartz Shelley Y. Simms This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) 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." A Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. ALLEGATIONS: That Todd Burkhart, a public official/public employee in his capacity as a Member and Vice -President of New Holland Borough Council, Lancaster County, violated Sections 1103(a), 1104(a), 1104(d), 1105(b)(1), 1105(b)(6), 1105(b)(7), 1105(b)(9), and 1105(b)(1 ) of the State Ethics Act (Act 93 of 199 ) when he utilized the authority of his public position for a private pecuniary benefit by participating in discussions and decisions of the Borough Council approving the expenditure of public monies to Franklin Street Garage, a business with which he is associated; and when he filed deficient Statements of Financial Interests by failing to provide a response as to disclosures regarding "Business Interests Transferred to Immediate Family Member" for calendar years 2016 and 2017, failing to provide an address for calendar year 2015, and failing to respond as to disclosures regarding gifts, travel, hospitality, lodging, and financial interests in any business for profit on a Statement of Financial Interests filed for calendar year 2014. FINDINGS: 1. Todd Burkhart ("Burkhart") has served as a Member of New Holland Borough Council ("Borough Council"), Lancaster County, since approximately January 2006. Burkhart has served as Borough Council Vice -President since 2015. Burkhart, 19-023 a� b. Burkhart has held no other New Holland Borough ("Borough") office. 2. Borough Council is comprised of seven Members and a Mayor. a. Borough Council Members serve without compensation. 3. Burkhart is the owner of Franklin Street Garage Auto Repair, LLC ("Franklin Street Garage"), located at 129 West Franklin Street, New Holland, Pennsylvania 17557. a. Burkhart has been the owner of Franklin Street Garage for approximately 23 years. b. Burkhart was an employee of the business for approximately ten years prior to assuming ownership of the business. C. Franklin Street Garage offers general automotive repair and maintenance services in New Holland, Pennsylvania. d. Franklin Street Garage is a "business with which [Burkhart] is associated" as that term is defined by the Ethics Act, 65 Pa.C.S. § 1102, 4. Business organizational filings maintained by the Pennsylvania Department of State Corporation Bureau include organizational filings for Franklin Street Garage. a. Business organizational documents for Franklin Street Garage were filed with the Pennsylvania Department of State Corporation Bureau on November 27, 2013. b. Entity number 4230235 was assigned to Franklin Street Garage by the Pennsylvania Department of State. C. Burkhart is the sole stated organizer. d. Burkhart owns 100% of Franklin Street Garage. 5. The Borough owns and operates various vehicles and power equipment for the general care and maintenance of the Borough's infrastructure and police operations. a. The Borough owns twenty-three vehicles/pieces of self-propelled equipment, including eight police vehicles, one backhoe/loader, and fourteen other vehicles/pieces of equipment. b. The Borough does not employ any individual who is specifically tasked with providing general care and maintenance for Borough -owned power equipment and vehicles. 6. During Burkhart's tenure on Borough Council, repairs and maintenance have been performed by Franklin Street Garage, New Holland Auto Group, Turner GMC, CJ Tires, and Hurst Tires. a. None of the businesses identified above submitted any bids, quotes, or formal proposals to the Borough prior to providing vehicle/equipment repair/service. 1. The Borough has never solicited bids, quotes, or proposals Burkhart, 19-023 al e� regarding the general care and maintenance of Borough equipment and vehicles. 2. The Borough did not seek any bids, quotes, or proposals for any vehicle repair/services, including expenses expected to exceed $500.00. b. Tires were purchased from CJ Tires and Hurst Tires through the Commonwealth of Pennsylvania's COSTARS program. COSTARS is the Commonwealth of Pennsylvania's cooperative purchasing program which allows state -affiliated entities (boroughs, townships, etc.) to make purchases from local public procurement units (vendors) which participate in Pennsylvania Department of General Services contracts to provide goods/services to state -affiliated entities at a prenegotiated price. C. Maintenance and re airs were primarily apportioned between Franklin Street Garage and Npew Holland Auto Group. 7. Borough Manager Richard Fulcher ("Fulcher") viewed all vehicle/equipment repair work as being completed on an as -needed or emergency basis, and therefore he did not believe that the Borough was required to seek or obtain quotes or bids. a. Fulcher was not required by Borough Council to seek any authorization prior to initiating routine vehicle/equipment service and repairs. b. The Borough continued to utilize Franklin Street Garage after Burkhart was seated on Borough Council, since Franklin Street Garage had serviced Borough vehicles prior to Burkhart's ownership of Franklin Street Garage. C. Franklin Street Garage has been providing vehicle repair/service to the Borough since at least 1985, prior to Burkhart holding office as a Borough Council Member. 8. New Holland Borough Solicitor Brad Harris did not provide Burkhart or the Borough with any legal advice regarding Franklin Street Garage continuing to perform vehicle repair services for the Borough or Burkhart's ability to participate in the approval process for payment of bills/invoices from Franklin Street Garage. a. It was common knowledge among Borough Council Members that Burkhart was the owner of Franklin Street Garage and that Burkhart was providing repair and maintenance services for Borough equipment and vehicles. b. Borough Council was also aware that Burkhart/Franklin Street Garage was submitting invoices to the Borough, seeking payment from Borough fu nds. 9. The Borough maintains the following process for initiating repairs to Borough equipment and vehicles. a. Needed service/repairs are identified by either the Department Head or Borough Manager for public works equipment/vehicles. Burkhart, 19-023 al_ge 4__ 1. The Borough Police Chief directs service/repairs for police vehicles. b. Equipment and/or vehicles are taken to the appropriate repair facilities depending upon the nature of the repair and any applicable factory warranties. 1. Warranty work is performed by the authorized issuing dealer honoring the warranty. 2. Non -warranty repairs are performed by repair facilities and/or dealerships in close proximity to the Borough. 10. Burkhart, as a representative of Borough Council, did not direct any Borough official or employee to utilize or patronize Franklin Street Garage for servicing or repairing Borough equipment or vehicles. 11. The Borough Manager and the Borough Police Chief review invoices for all vehicle repair work to ensure that the Borough is paying a fair rate for the work completed. a. No independent third -party review was conducted to ensure that the Borough was paying a fair price for repair services. b. The Borough Manager and the Borough Police Chief relied on their personal knowledge and experience when determining appropriate charges for vehicle repair and maintenance work. 1. This included comparing rates charged by the various vendors for the same type of services and repairs. 12. The Borough apportioned repair and maintenance services among numerous providers located in or near the Borough. a. The primary factors in determining where Borough equipment and vehicles were taken to be repaired/serviced were the nature of the work and the expected timeliness of the completion of the work. b. The Borough did not have any published, adopted, or enacted/established guidelines or policies regarding where equipment and vehicles should be serviced. C. The exception was work covered by an existing manufacturer's warranty. 1. Franklin Street Garage did not provide any warranty service on Borough -owned equipment or vehicles. 2. Vehicle warranty work was generally performed by Turner Buick GMC or New Holland Auto Group. d. The decision of where a vehicle repair was to be performed was made by the Department Head, the Borough Manager, or the Borough Police Chief. 1. Borough employees and/or police personnel would typically drop off and pick up Borough equipment and vehicles being repaired. 13. Procedurally, once repairs are completed, invoices are submitted for initial Burkhart, 19-023 aF ge review by the Borough Manager or the Department Head assigned the vehicle/equipment or by the Borough Police Chief for police vehicles. a. Once the invoices are initially reviewed and approved for placement on the Monthly Financial Report, they are forwarded to Borough administrative staff (accountant/bookkeeper) for actual placement on the Monthly Financial Report. 1. The placement of invoices on the Monthly Financial Report is done under the Borough Manager's direct supervision. 2. The Borough Council President reviews the draft Monthly Financial Report the first Tuesday of each month. b. The Monthly Financial Report is issued to Borough Council five days in advance of the Borough Council meeting. 1. The Monthly Financial Report details Borough financial activities for the prior month, including all account revenues, expenditures, cash receipts by bank, check registers by date, and ending balances. C. Borough Council approves the Monthly Financial Report in its entirety by a single vote covering all transactions. d. The Monthly Financial Report is included as part of the official meeting minutes. 14. Borough Council meeting minutes confirm that Burkhart routinely participated in Borough Council actions to approve Monthly Financial Reports which contained, amongst other Borough financial transactions, payments to his business, Frankfin Street Garage. a. Borough -issued checks contain the live signatures of the Borough Manager and the Borough Council President. 1. The Borough Council Vice -President and/or the Finance Chairman may sign Borough checks in the absence of the Borough Council President. 2. Burkhart avoided serving as a Borough signatory on checks issued to Franklin Street Garage. 15. From September 2, 2014, through December 3, 2019, the Borough approved and issued 60 payments to Franklin Street Garage, totaling $70,143.53, for service/repair work completed on Borough vehicles. a. Borough checks often represented multiple invoices combined into one payment. 16. From Sepptember 2, 2014, through December 3, 2019, Burkhart is identified as participating in 55 of 60 votes of Borough Council to approve Monthly Financial Reports which included approval of Borough funds to pay invoices submitted by Franklin Street Garage. a. Burkhart's use of office resulted in the approval of approximately $65,334.53 of the $70,143.53 in total payments made to Burkhart's business during this timeframe. Burkhart, 19-023 aal�ge G-- b. In addition to voting affirmatively, on nine occasions Burkhart also made or seconded the motion to approve a Monthly Financial Report that contained payment to Franklin Street Garage. 1. Burkhart made the motion on three occasions and seconded the motion on six other occasions. C. The Monthly Financial Reports were unanimously approved by all Members of Borough Council present during the meetings. d. No payments made to Franklin Street Garage were questioned by Borough Council or the public during Borough Council meetings. 17. Between September 2014 and the present, the Borough [made payments totaling] approximately $124,338.80 for vehicle maintenance, repairs, and service. a. Approximately 56% of [the aforesaid Borough payments were made] to Franklin Street Garage ($70,143.53). b. [Approximately $54,188.27 of the aforesaid Borough payments was paid] to various vendors, including but not limited to CJ Tires, Hurst Tires, Turner Buick GMC, and New Holland Auto Group. C. Burkhart reports that he provided flat tire repairs at no cost to the Borough and repaired broken equipment in off hours during inclement weather, without charging the Borough any overtime fee. d. The percentage of services provided to the Borough by Franklin Street Garage prior to Burkhart serving on Borough Council could not be determined. THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT BURKHART FILED DEFICIENT STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS 2014, 2015, 2016, AND 2017. 18. Burkhart, in his official capacity as a Member of Borough Council, is required to annually file a Statement of Financial Interests form by May 1st, reporting financial interests for the prior calendar year. 19. Burkhart was annually provided with a blank Statement of Financial Interests form to complete by Borough staff. a. The Statement of Financial Interests form packet that Burkhart was provided with included instructions identifying reporting requirements. 20. Burkhart's Statement of Financial Interests forms, as filed with the Borough, contained the following reporting deficiencies: a. Burkhart failed to provide a response to "Business Interests Transferred to Immediate Family Member" on Statements of Financial Interests filed for the 2016 and 2017 calendar years; b. Burkhart failed to provide a response to "Address" on his Statement of Financial Interests filed for the 2015 calendar year; and C. Burkhart failed to provide a response to "Gifts," "Transportation, Lodging, Burkhart, 19-023 a� Hospitality," and "Financial Interest in any Legal Entity in Business for Profit" on his Statement of Financial Interests filed for the 2014 calendar year. 21. During an investigative interview with a State Ethics Commission investigator on August 21, 2019, Burkhart explained that the omissions were not intentional but rather were a result of his failure to pay close attention to the reporting criteria on each form. a. Burkhart further stated that his action in approving payment of bills was unintentional. b. There was no evidence developed during the course of the investigation to suggest that Burkhart/Franklin Street Garage was in any way improperly charging the Borough for work that was performed. C. Burkhart/Franklin Street Garage [provided a discount of 20% for parts and $15.00 per hour for labor for all Borough invoices]. III. DISCUSSION: As a Member of Council for New Holland Borough ("Borough"), Lancaster County, Pennsylvania, since approximately January 2006, and as Vice -President of Borough Council since 2016, Todd C. Burkhart, also referred to herein as "Respondent," "Respondent Burkhart," and "Burkhart," has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 subject § 1101 et sue. The allegations are that Burkhart violated Sections 1103(a), 1104(a), 1104(d), 1105(b)(1), 1105(b)(6), 1105(b)(7), 1105(b)(9), and 1105(b)(10) of the Ethics Act when he utilized the authority of his public position for a private pecuniary benefit by participating in discussions and decisions of Borough Council approving the expenditure of public monies to Franklin Street Garage Auto Repair, LLC, a business with which he is associated, and when he filed deficient Statements of Financial Interests �ransferred SFIs") by failing to provide a response as to disclosures regarding "Business Interests to Immediate Family Member" for calendar years 2016 and 2017, failing to provide an address for calendar year 2015, and failing to respond as to disclosures regarding gifts, travel, hospitality, lodging, and financial interests in any business for profit on an SFl filed for calendar year 2014. Per the Consent Agreement, the Investigative Division has exercised its prosecutorial discretion to nol pros the alleged violations of Sections 1104(a) and 1104(d) of the Ethics Act. Based upon the not pros, we need not address those allegations that are no longer before us. Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a) Conflict of interest. —No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The term "conflict of interest" is defined in the Ethics Act as follows: Burkhart, 19-023 aP gem § 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. 65 Pa.C.S. § 1102. Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or "conflict of interest, 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from using the authority of public office/employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form must provide. Section 1105(b)(1) of the Ethics Act requires the filer to disclose on the SFI his name, address, and pu lic position. Subject to certain statutory exceptions, Section 1105(b)(6) of the Ethics Act requires the filer to disclose on the SFI the name and address of the source and the amount of any gift or gifts valued in the aggregate at $250 or more and the circumstances of each gift. Subject to certain statutory exceptions, Section 1105(b)(7) of the Ethics Act requires the filer to disclose on the SFI the name and address of the source and the amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with public office or employment where such actual expenses exceed $650 in an aggregate amount per year. Section 1105(b)(9) of the Ethics Act requires the filer to disclose on the SFI any financial interest in any legal entity engaged in business for profit. Section 1105(b)(10) of the Ethics Act requires the filer to disclose on the SFI any financial interest in a business with which he is or has been associated in the preceding calendar year which has been transferred to a member of his immediate family. 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. Burkhart, 19-023 Page 9 As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Burkhart has served as a Member of Borough Council since approximately January 2006, and he has served as Vice -President of Borough Council since 2015. Borough Council is comprised of seven Members and a Mayor. For approximately twenty --three years, Burkhart has been the owner of Franklin Street Garage Auto Repair, LLC ("Franklin Street Garage"), which is located at 129 West Franklin Street, New Holland, PA 17557. Burkhart was an employee of Franklin Street Garage for approximately ten years before he assumed ownership of Franklin Street Garage, which offers general automotive repair and maintenance services. The Borough owns various vehicles and pieces of power equipment that are used for police operations and the general care and maintenance of the Borough's infrastructure. The Borough utilizes various businesses located in or near the Borough to repair and maintain Borough vehicles/equipment. The Borough began utilizingg Franklin Street Garage to repair and maintain Borough vehicles by no later than 1985. The Borough continued to utilize Franklin Street Garage after Burkhart began serving as a Member of Borough Council in January 2006. Burkhart did not direct any Borough official or employee to utilize or patronize Franklin Street Garage to service or repair Borough vehicles. It was common knowledge among Borough Council Members that Burkhart was the owner of Franklin Street Garage and was providing repairs and maintenance for Borough vehicles. During the time frame relevant to this matter, the Borough did not solicit bids, quotes, or proposals for repairs and maintenance of Borough -owned vehicles/equipment. Repairs and service for Borough police vehicles were initiated by the Borough Police Chief, and repairs and service for Borough public works vehicles/equipment were initiated by the Borough Manager or the public works department head. The Borough Police Chief, the Borough Manager, or the public works department head decided which business would be utilized to perform the necessary repairs/maintenance work. The Borough Police Chief and the Borough Manager reviewed invoices for repairs/maintenance work performed on Borough vehicles/equipment to ensure that the Borough was paying a fair rate for the work. The invoices were subsequently placed on the Monthly Financial Report, which detailed Borough financial activi ies for the prior month. Borough Council approved the Monthly Financial Report in its entirety by a single vote that covered all transactions. Between September 2, 2014, and December 3, 2019, Burkhart participated in 55 unanimous votes of Borough Council that approved Monthly Financial Reports which included payments totaling approximately $65,334.53 to Franklin Street Garage for servicing/repairing Borough vehicles. On nine occasions during the aforesaid time period, Burkkhart made or seconded the motion to approve a Monthly Financial Report that included payment(s)to Franklin Street Garage. From September 2, 2014, through December 3, 2019, the Borough paid Franklin Street Garage a total of $70,143.53 for service/repair work that was performed on Borough vehicles. With regard to Burkhart's SFIs, Burkhart:(I) failed to provide a response to "Gifts," "Transportation, Lodging, Hospitality" and "Financial Interest in any Legal Entity in Business for Profit" on his SFI for calendar year 2014; (2) failed to provide a response to "Address" on his SFI for calendar year 2015; and (3) failed to provide a response to "Business Interests Transferred to Immediate Family Member" on his SFIs for calendar years 2016 and 2017. Burkhart, 19-023 Page 10 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 Act, 65 Pa.C.S. § 1103(a), occurred when Todd Burkhart, as a Member and Vice -President of New Holland Borough Council, participated in decisions of Borough Council to approve the payment of invoices for services rendered to the Borough from Franklin Street Garage, a business with which Burkhart is associated. b. That a technical violation of Section(s) 1105(b)(1), �6), (7), (90, (10) of the Pubic Official and mployee thics Act, 65 Pa.C.S. § 1105(b)(1), (6), (7), (9), (10), occurred w en Burkhart filed deficient Statements of Financial Interests by failing to provide a response as to disclosures regarding business interests transferred to immediate family for calendar years 2016 and 2017, failing to provide an address for calendar year 2015, and failing to respond as to disclosures regarding gifts, travel, hospitality, lodging, and financial interests in any business for profit on a Statement of Financial Interests filed for calendar year 2014. 1. For those deficiencies listed above, with the exception of failing to provide an address, Burkhart had no disclosures to make. C. That no action will be undertaken pursuant to Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a). d. That no action will be undertaken pursuant to Section 1104(d) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(d). 4. Burkhart agrees to make payment in the amount of $600.00 in settlement of this matter payable as follows: a. $500.00 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. Burkhart, 19-023 a�'11 b. $100.00 which represents a portion of the expenses and costs incurred by the State Ethics Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. Burkhart agrees to file complete and accurate amended Statements of Financial Interests with New Holland Borough, Lancaster County, through the Pennsylvania State Ethics Commission, for calendar years 2014, 2015, 2016 and 2017 within thirty (30) days of the issuance of the final adjudication in this matter. 6. Burkhart agrees to not accept any reimbursement, compensation or other payment from New Holland Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. 7. 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. Consent Agreement, at 2-3. In considering the Consent Agreement, we acce t the recommendation of the parties for a finding that a violation of Section 1103(a) D the Ethics Act occurred when Burkhart, as a Member and Vice -President of Borough Council, participated in decisions of Borough Council to approve the payment of invoices for services rendered to the Borough by Franklin Street Garage, a business with which Burkhart is associated. Franklin Street Garage is a business with which Burkhart is associated in his capacity as the owner. Burkhart used the authority of his office as a Member and Vice - President of Borough Council when, between September 2, 2014, and December 3, 2019, he participated in 55 votes of Borough Council that approved Monthly Financial Reports which included payments totaling approximately $65,334.53 to Franklin Street Garage for servicing/repairing Borough vehicles. Based upon the Stipulated Findings and the Consent Agreement, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Burkhart, as a Member and Vice -President of Borough Council, participated in decisions of Borough Council to approve the payment of invoices for services rendered to the Borough by Franklin Street Garage, a business with which Burkhart is associated. We accept the gties' recommendation, and we hold, that a technical violation of Section(s) 1105(b)(6), (7), {9), (10) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), (6), (7), (9), (10), occurred when BBurkhart filed deficient SFIs by failing to provide a Burkhart, 19-023 ap g� response as to disclosures regardingg "Business Interests Transferred to Immediate Family Member" for calendar years 2016 and 2017, failing to provide an address for calendar year 2015, and failing to respond as to disclosures regarding gifts, travel, hospitality, lodging, and financial interest in any legal entity in business for profit on an SFI filed for calendar year 2014. Based upon the Consent Agreement, the parties are in agreement that with respect to the aforesaid deficiencies, with the exception of failing to provide an address, Burkhart had no disclosures to make. As part of the Consent Agreement, Burkhart has agreed to make payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Burkhart has further agreed to make payment to this Commission in the amount of $100.00, representing a portion of the expenses and costs incurred by this Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. Burkhart has also agreed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. Finally, Burkhart has agreed to file complete and accurate amended SFIs with the Borough, through this Commission, for calendar years 2014, 2015, 2016, and 2017 within thirty (30) days of the issuance of the final adjudication in this matter. We determine that the Consent Agreement submitted by the parties sets forth a proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Burkhart is directed to make payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (301h) day after the mailing date of this adjudication and Order. Per the Consent Agreement of the parties, Burkhart is further directed to make payment to this Commission in the amount of $100.00, representing a portion of the expenses and costs incurred by this Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable to the Pennsylvania State Ethics Commission by no later than the thirtieth (301h) day after the mailing date of this adjudication and Order. Burkhart is directed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Burkhart is directed to file complete and accurate amended SFIs for calendar years 2014, 2015, 2016, and 2017 with the Borough, through this Commission, by no later than the thirtieth (30th) day after the mailing date of this adjudication and 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. Burkhart, 19-023 age 1a IV. CONCLUSIONS OF LAW: As a Member of Council for New Holland Borough ("Borough"), Lancaster County, Pennsylvania, since approximately January 2006, and as Vice - President of Borough Council since 2015, Respondent Todd C. Burkhart ("Burkhart") 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. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Burkhart, as a Member and Vice -President of Borough Council, participated in decisions of Borough Council to approve the payment of invoices for services rendered to the Borough by Franklin Street Garage Auto Repair, LLC, a business with which Burkhart is associated. 3. A technical violation of Section(s) 1105(b)(1), (6), (7), (9), (10) of the Ethics Act, 65 Pa.C.S. §§ 1'105(b)(1), (6), (7), (9), (11% occurred when Burkhart filed deficient Statements of FFinancial Interests by failing to provide a response as to disclosures regarding "Business Interests Transferred to Immediate Family Member" for calendar years 2016 and 2017, failing to provide an address for calendar year 2015, and failing to respond as to disclosures regarding gifts, travel, hospitality, lodging, and financial interest in any legal entity in business for profit on a Statement of Financial Interests filed for calendar year 2014. a. For those deficiencies listed above, with the exception of failing to provide an address, Burkhart had no disclosures to make. In Re: Todd C. Burkhart, File Docket: 19-023 Respondent Date Decided: 6/22/20 Date Mailed: 711120 ORDER NO. 1773 Todd C. Burkhart ("Burkhart"). as a Member and Vice -President of Council for New Holland Borough ("Borough'), Lancaster County, Pennsylvania, violated Section 11 03a of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), when he participated in decisions of Borough Council to approve the payment of invoices for services rendered to the Borough by Franklin Street Garage Auto Repair, LLC, a business with which Burkhart is associated. 2. A technical violation of Section(s) 1105((b)(1), (6), (7), (9), J10 of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), (6), (7), (9 , (10), occurred when Burkhart filed deficient Statements of Financial Interests by failing to provide a response as to disclosures re arding "Business Interests Transferred to Immediate Family Member" for ca?endar years 2016 and 2017, failing to provide an address for calendar year 2015, and failing to respond as to disclosures re arding gifts, travel, hospitality, lodging, and financial interest in any legal entity in business for profit on a Statement of Financial Interests filed for calendar year 2014. a. For those deficiencies listed above, with the exception of failing to provide an address, Burkhart had no disclosures to make. 3. Per the Consent Agreement of the parties, Burkhart is directed to make payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (Vh) day after the mailing date of this Order. Per the Consent Agreement of the parties, Burkhart is further directed to make payment to the Pennsylvania State Ethics Commission in the amount of $100.00, representing a portion of the expenses and costs incurred by this Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order. Burkhart is directed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Burkhart is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2014, 2015, 2016, and 2017 with the Borough, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order. Burkhart, 19-023 aP�5 7. Compliance with paragraphs 3, 4, 5, and 6 of this Order will result in the closing of this case with no further action by this Commission. a. Non-compliance will result in the institution of an order enforcement action. BY THE COMMISSION,