HomeMy WebLinkAbout1182 CrileIn Re: Dennis Crile
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Daneen E. Reese, Chair
Louis W. Fryman, Vice Chair
John J. Bolger
Frank M. Brown
Susan Mosites Bicket
Donald M. McCurdy
00- 027 -C2
Order No. 1182
2/26/01
3/12/01
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
Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 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 Answer was filed and a hearing was waived. The record
is complete. A Consent Agreement and Stipulated Findings were submitted by the parties
to the Commission for consideration. The Consent Agreement was subsequently
approved.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter
11 of Act 93 of 1998, 65 Pa.C.S. §1101 et seq., which essentially repeats Act 9 of 1989
and provides for the completion of pending matters under Act 93 of 1998.
This adjudication of the State Ethics Commission is issued under Act 93 of 1998
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 Chapter 11 of Act
93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a
misdemeanor 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.
Crile, 00- 027 -C2
Page 2
I. ALLEGATION:
That Dennis Crile, a public official in his capacity as President of Centerville
Borough Council, Washington County, violated provisions of the State Ethics Act (Act 9 of
1989, 65 P.S. §401 et seq.) when he used the authority of his office for a private pecuniary
benefit by participating in discussions and actions of council resulting in his appointment to
the paid positions of president and vice - president of council; and when he, in his capacity
as council president, appointed himself to the compensated position of road chairman.
II. FINDINGS:
1. Dennis B. Crile served as a Councilman for Centerville Borough, Washington
County, from May 1997 to June 2000.
a. Crile was appointed to fill a vacancy in May 1997.
b. Crile began serving his first elected term in January 1998.
2. Crile has held the following positions in the borough:
a. Council President 01/05/98 to 03/31/98
01/04/00 to 04/30/00
b. Council Vice President 04/01/99 to 01/03/00
c. Road Committee Chairman 01/01/98 to 03/31/98
01/11/00 to 05/01/00
3. Centerville Borough Council is comprised of seven elected council members and a
mayor.
a. The mayor only votes on issues in the event of a tie.
4. Council members are compensated $1,200.00 annually at the rate of $100.00 per
month.
a. Council members received $675.00 annually ($56.25 per month) prior to
January 1999.
5. Council elects its president and vice - president at their Reorganization Meetings
held on even numbered years.
a. The officers hold these positions for a two year period.
b. Council can remove and replace the president and vice - president at any time
with a majority vote.
6. The president and vice - president receive additional monthly compensation for
holding these positions.
a. Since January 1999, the council president has received an additional $50.00
per month compensation.
1. The council president received $18.75 per month additional
compensation prior to January 1999.
b. Since January 1999, the council vice - president receives $25.00 per month
Crile, 00- 027 -C2
Page 3
additional compensation.
1. The council vice - president did not receive any additional
compensation prior to January 1999.
7 Crile participated in council actions resulting in his appointment to paid positions of
president and vice president of council.
a. At the January 5, 1998, Borough Reorganization Meeting, Crile voted in
favor of his appointment to the position of council president which passed by
a 7 to 0 unanimous vote.
8. Crile held the position of council president from January 5, 1998, to March 31,
1998.
9. On March 10, 1998, council approved a motion removing Crile as the council
president effective April 1, 1998.
a. Crile participated and voted against this action which passed by a 4 to 3
vote.
10. During the March 6, 1999, Reorganization Meeting, Crile voted in favor of his
appointment to the position of council vice - president.
a. The motion passed unanimously (7 -0).
b. Crile did not abstain from this vote.
11. Crile held the position of council vice - president from April 1, 1999, to January 3,
2000.
12. At the January 4, 2000, Borough Reorganization Meeting, Crile and Councilman
Edward Sukal were nominated for the position of council president.
a. Two other councilmen declined nominations for this position.
b. Crile cast the deciding vote for his appointment as council president.
1. The motion passed by a 4 -3 vote.
2. Crile did not abstain from the vote.
c. Sukal was elected to serve as the vice - president.
13. Crile held the position of council president from January 4, 2000, to April 30, 2000.
14. On April 11, 2000, Crile notified council that he was going to resign as council
president effective April 30, 2000.
15. Crile received additional compensation for holding the positions of council president
and vice president.
16. Crile received the following compensation while serving as the council president
from January 5, 1998, to March 31, 1998:
January $75.00 $18.75 as President Check No. 3216
February $75.00 $18.75 as President Check No. 3254
Crile, 00- 027 -C2
Page 4
March $75.00 $18.75 as President Check No. 3352
a. Checks include compensation of $18.75 for serving as council president and
$56.25 for serving on council.
b. Crile received additional compensation as council president of $56.25
($18.75 x 3 months).
17. Crile received the following compensation while serving as the council vice -
president from April 1, 1999, to January 3, 2000:
April $125.00 Check No. 3878
May $125.00 Check No. 3921
June $125.00 Check No. 3954
July $125.00 Check No. 4004
August $125.00 Check No. 4035
September $125.00 Check No. 4066
October $125.00 Check No. 4104
November $125.00 Check No. 4132
December $125.00 Check No. 4163
a. Checks include compensation of $25.00 for serving as council vice - president
and $100.00 for serving on council.
b. Crile received a total of $225.00 as a result of serving as the council vice -
president from April 1, 1999, to January 3, 2000 ($25.00 x 9 months).
18. Crile signed Check No. 4132 in the amount of $125.00, which included payment as
council vice - president.
19. Crile received the following compensation while serving as the council president
from January 4, 2000 to April 30, 2000:
January $150.00 Check No. 4207
February $150.00 Check No. 4237
March $150.00 Check No. 4268
April $150.00 Check No. 4304
a. Checks include compensation of $50.00 for serving as council president and
$100.00 for serving on council.
b. Crile received payments totaling $200.00 as a result of serving as the
council vice - president from January 4, 2000, to April 30, 2000
($50.00 /month x 4 months).
20. Payments to council members are made from the Borough Payroll Account but are
not included as part of monthly bill lists that are approved to be paid by council at
regular council meetings.
a. Payroll is considered approved once pay rates are set by council.
b. The president, vice - president, and secretary /treasurer have signature
authority on all Borough accounts.
c. All borough checks require two signatures.
21. Crile did not sign checks issued to him which included payment as council
Crile, 00- 027 -C2
Page 5
president.
22. Crile received a total financial gain of $481.25 as a result of participating in council
actions to appoint himself to compensated council positions as follows:
1998: $56.25 President
1999: $225.00 Vice- president
2000: $200.00 President
Total: $481.25
23. Crile did not seek an advice from Borough Solicitor Dennis Makel regarding voting
for himself for compensated council positions.
a. Solicitor Makel did not offer any related advice to Crile or any other council
member prior to May 9, 2000.
1. On or around May 2000, Makel learned of voting conflicts and began
advising council members to abstain from voting for themselves to
any position that would result in an increase in their compensation.
b. Council meeting minutes reflect that council members regularly voted for
themselves for compensated council positions prior to May 9, 2000.
24. The council president is responsible for appointing chairpersons and members to
serve on various Borough committees including, Budget /Finance, Parks and
Recreation, Police, Fire, Building and Grounds, and Road and Street Light (Road).
a. Prior to October 13, 1998, the chairman of the Road Committee received
expense reimbursement for performing duties related to this position.
b. No other committee chairmen receive expense reimbursement or
compensation.
25. The road chairman is responsible for overseeing the borough road crew and looking
into citizen complaints concerning the borough roads.
a. The expense reimbursement for the road chairman was for using his
personal vehicle while doing these duties.
26. At the January 5, 1998, Borough Reorganization Meeting, after being elected
council president, Crile appointed himself as the road chairman.
a. Crile had been serving as the road chairman since May 1997, prior to being
council president.
b. Crile also appointed other chairpersons and committee members at this
meeting.
c. Crile served as the road chairman from January 1998 through March 1998.
27. Crile submitted mileage logs for all travel associated with the position of road
chairman in 1998.
a. Crile was reimbursed at the IRS rate of .31¢ per mile in 1998.
28. Crile received the following payments for mileage reimbursements in 1998:
Crile, 00- 027 -C2
Page 6
01/08/98 $160.49
02/24/98 $155.23
04/06/98 $137.83
Total: $453.55
01/20/00 $96.87
02/10/00 $150.00
03/14/00 $150.00
04/11/00 $150.00
Total: $546.87
Check No. 3178
Check No. 3304
Check No. 3415
29. Crile was replaced as the road chairman in April 1998 when council voted to elect a
new council president.
30. On October 13, 1998, council unanimously voted to change the reimbursement for
the road chairman to a monthly stipend of $100.00 per month effective January
1999.
a. This eliminated the need to calculate monthly mileage reimbursements.
b. This change was made due to budgetary concerns and for increased
accountability compared with the unpredictability of mileage reimbursement
and difficulty of its verification.
31. Council increased the road chairman reimbursement to $150.00 per month effective
January 2000.
a. This increase is not noted in meeting minutes as the increase was included
as part of the 2000 budget.
32. At the January 11, 2000, Borough Council Meeting, Crile, in his capacity as council
president, appointed himself as the road chairman.
a. Crile replaced Councilman Stanley Williams.
b. Council President has the authority to make the appointment.
33. On February 8, 2000, during a regular council meeting, Crile offered Councilman
Williams the opportunity to co -chair the road committee and split the monthly
compensation.
a. Crile did this because he felt that having co- chairmen would make a borough
road representative more accessible to borough residents.
b. Council voted to approve the co- chairing of the position.
c. Councilman Williams declined the offer.
34. Crile served as the road chairman from January 11, 2000, to May 1, 2000.
35. Crile received the following payments for serving as road chairman in 2000.
Check No. 1702
Check No. 1735
Check No. 1753
Check No. 1805
a. The payment made on 01/20/00 was pro -rated for the period of January 11-
January 31.
36. Crile did not sign any checks issued to him as payment for serving as road
chairman.
Crile, 00- 027 -C2
Page 7
37. Crile was paid by the borough a total of $481.25 for the compensated council
positions of president and vice president. (See Finding No. 22).
38. [In 2000] Crile was paid by the borough a total of $546.87 as reimbursement for the
use of his personal vehicle while acting as road chairman. (See Finding No. 35).
39. Crile stated that at no time did he willfully or intentionally act to violate the
provisions of the State Ethics Act or Public Official and Employee Ethics Law.
40. Crile stated that he believed his actions at all times were reasonable, in good faith,
and permitted by the Borough Code, State Ethics Act and the Public Official and
Employee Ethics Law.
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Dennis Crile, hereinafter "Crile,"
has been a public official subject to the provisions of the Public Official and Employee
Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401 et seq., as codified by the
Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101 et
seq., which Acts are collectively referred to herein as the "Ethics Act."
The allegation is that Crile, a public official in his capacity as President of
Centerville Borough Council, Washington County, violated provisions of the State Ethics
Act (Act 9 of 1989, 65 P.S. §401 et seq.) when he used the authority of his office for a
private pecuniary benefit by participating in discussions and actions of council resulting in
his appointment to the paid positions of president and vice - president of council; and when
he, in his capacity as council president, appointed himself to the compensated position of
road chairman.
Pursuant to Section 3(a)/1103(a) of the Ethics Act, a public official /public employee
is prohibited from engaging in conduct that constitutes a conflict of interest. Section 3(a) of
Act 9 of 1989 provides:
Section 3. Restricted activities
(a) No public official or public employee shall
engage in conduct that constitutes a conflict of interest.
65 P.S. §403(a).
The term "conflict of interest" is defined under Act 9 of 1989 as follows:
Section 2. 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. "Conflict" or "conflict of interest" 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
Crile, 00- 027 -C2
Page 8
business with which he or a member of his immediate family is
associated.
65 P.S. §402.
Section 3(a)/1103(a) of the Ethics Act prohibits a public official /public employee
from using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official /public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
As noted above, the parties have submitted a Consent Agreement and Stipulated
Findings. The parties' Stipulated Findings are reproduced above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Respondent Crile served as a Centerville Borough Council member from May 1997
to June 2000.
Centerville Borough Council members receive monthly compensation for their
service on council. The president and vice - president of council also receive additional
monthly compensation as officers, which compensation is hereinafter referred to as "officer
compensation."
From 1998 -2000, Crile participated in the following council actions involving his own
appointment /service as to paid officer positions.
At the January 5, 1998, Borough Reorganization Meeting, Crile participated in a
unanimous vote appointing himself as council president. Shortly thereafter, on March 10,
1998, Crile participated and voted against a motion to remove him as the council president
effective April 1, 1998. Despite Crile's participation, the motion passed by a 4 to 3 vote.
Thus, in 1998, Crile served as council president from January 5, 1998, to March 31, 1998.
For that span of service, Crile received officer compensation at the rate of $18.75 per
month for three months, for a total of $56.25.
The following year, during the March 6, 1999, Reorganization Meeting, Crile voted
in favor of his own appointment to the position of council vice - president. Again, the motion
passed unanimously. Crile held the position of council vice - president from April 1, 1999, to
January 3, 2000, and received officer compensation at the rate of $25.00 per month for
nine months, for a total of $225.00.
At the January 4, 2000, Borough Reorganization Meeting, Crile cast the deciding
vote for his own appointment as council president. Crile held the position of council
president from January 4, 2000, to April 30, 2000. During that time, Crile received officer
compensation as council president at the rate of $50.00 per month for four months, for a
total of $200.00.
Thus, for the years 1998 -2000, Crile received officer compensation totaling $481.25
for service in borough officer positions to which he voted to appoint himself (see, Findings
16 -17, 19, 22, 37).
Apparently, Crile was not the only Centerville Borough Council member to engage
in such conduct. Per the Stipulated Findings, council meeting minutes reflect that council
members regularly voted for themselves for compensated council positions prior to May 9,
2000. On or around May 2000, Borough Solicitor Dennis Makel learned of voting conflicts
and began advising council members to abstain from voting for themselves to any position
that would result in increased compensation.
Crile, 00- 027 -C2
Page 9
In addition to voting for himself to serve in paid officer positions, Crile took actions
as council president to appoint himself "road chairman." In Centerville Borough, council
president has the authority and is responsible for appointing the road chairman, as well as
other chairpersons and members of various borough committees.
Prior to October 13, 1998, the road chairman was entitled to receive expense
reimbursement for using his personal vehicle while performing his duties. On October 13,
1998, council unanimously voted to change the reimbursement for the road chairman to a
monthly stipend of $100.00 per month effective January 1999. Per the Stipulated
Findings, this change eliminated the need to calculate monthly mileage reimbursements
and was made for budgetary and accountability reasons. Effective January 2000, council
increased the road chairman reimbursement to $150.00 per month.
In both 1998 and 2000, while serving as council president, Crile appointed himself
as the road chairman. In 1998, Crile served as the road chairman from January 1998
through March 1998. In 2000, Crile served as the road chairman from January 11, 2000,
to May 1, 2000.
Crile was paid a total of $453.55 in 1998 and a total of $546.87 in 2000 as
reimbursement by the borough for the use of his personal vehicle while acting as road
chairman (see, Findings 27 -28, 35, 38).
Finally, the Stipulated Findings reflect that one of the borough checks issued to
Crile which included his pay as a council member and vice president, specifically Check
No. 4132, was signed by Crile (see, Findings 17 -18). Crile did not sign checks which
included payments to him as council president or for serving as road chairman (see,
Findings 21, 36).
Crile stated that at no time did he willfully or intentionally act to violate the
provisions of the Ethics Law /Ethics Act. Crile stated that he believed his actions at all
times were reasonable, in good faith, and permitted by the Borough Code and Ethics
Law /Ethics Act.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
Section 3(a)/1103(a) of the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegation.
The Consent Agreement proposes that this Commission find that Crile, on several
occasions between the years 1998 through 2000, unintentionally committed technical
violations of Section 3(a) of the Ethics Law when he participated in discussions, actions
and votes of council resulting in his appointment to the paid positions of president and vice
president of council. The Consent Agreement further proposes that this Commission find
that there is insufficient evidence that Respondent, in January 2000, used the authority of
his office for a private pecuniary benefit under Section 3(a) of the Ethics Law by appointing
himself while council president to the position of borough road chairman where the only
payments he received were for reimbursement of mileage and travel expenses. Per the
Consent Agreement, Crile agrees to make payment in the amount of $500.00 in settlement
of this matter, with said amount to be payable to Centerville Borough and forwarded to this
Commission within thirty days of the issuance of this Commission's final adjudication in this
matter. Further, the Investigative Division has agreed to recommend that this Commission
take no further action in this matter and make no recommendations to any law enforcement
or other authority to take action in this matter.
In considering the parties' proposed resolution of this matter, it is clear that
Respondent Crile did, on several occasions between 1998 and 2000, take actions as a
Centerville Borough Council member relative to his own appointment /continued service as
a paid officer. Such actions were uses of the authority of Crile's public office as a borough
Crile, 00- 027 -C2
Page 10
council member for the private pecuniary benefit of himself. For the years 1998 -2000,
Crile received officer compensation totaling $481.25 for serving in the above borough
officer positions to which he voted to appoint himself (see, Findings 16 -17, 19, 22, 37).
Based upon the Stipulated Findings, it would appear that Respondent did not intend
to violate the Ethics Act in taking the above actions. Although intent is not a requisite
element for a violation of the Ethics Act, Yocabet v. State Ethics Commission, 531 A.2d
536 (Pa. Cmwlth. 1987), it is one of the factors which this Commission may consider in
determining the proper disposition of a case.
We conclude that the application of the law to the facts before us supports a finding
that Respondent Crile, a public official while a member of the Centerville Borough Council,
on several occasions between the years 1998 through 2000, unintentionally committed
technical violations of Section 3(a)/1103(a) of the Ethics Act when he participated in
discussions, actions and votes of council resulting in his appointment to the paid positions
of president and vice president of council.
As for Crile's actions to appoint himself "road chairman," per the Stipulated
Findings, the only payments for service in that position were reimbursements of expenses.
Crile was paid a total of $453.55 in 1998 and a total of $546.87 in 2000 as reimbursement
by the borough for the use of his personal vehicle while acting as road chairman (see,
Findings 27 -28, 35, 38). Given the stipulated nature of such payments as mere
reimbursements of expenses, we shall accept the disposition proposed by the parties as to
this particular conduct of Respondent. We parenthetically note that although the parties
have, in their Consent Agreement, focused specifically upon the Respondent's conduct in
January 2000, there is nothing in the record before us to suggest a violation as to
Respondent's appointment of himself as road chairman in 1998.
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, Crile is directed to make
payment in the amount of $500.00 to Centerville Borough through this Commission within
30 days of the date of 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. Dennis Crile ( "Crile "), as a member of the Centerville Borough Council, Washington
County, has at all times relevant to these proceedings been a public official subject
to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989,
Pamphlet Law 26, 65 P.S. §401 et seq., as codified by the Public Official and
Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101, et seq., which
Acts are collectively referred to herein as the "Ethics Act."
2. Crile, a public official while a member of the Centerville Borough Council, on
several occasions between the years 1998 through 2000, unintentionally committed
technical violations of Section 3(a)/1103(a) of the Ethics Act when he participated in
discussions, actions and votes of council resulting in his appointment to the paid
positions of president and vice president of council.
3. There is insufficient evidence that Crile, in January 2000, used the authority of his
office for a private pecuniary benefit under Section 3(a)/1103(a) of the Ethics Act by
appointing himself while council president to the position of borough road chairman
where the only payments he received were for reimbursement of mileage and travel
expenses.
In Re: Dennis Crile
ORDER NO. 1182
File Docket: 00- 027 -C2
Date Decided: 2/26/01
Date Mailed: 3/12/01
1 Dennis Crile ( "Crile "), a public official while a member of the Centerville Borough
Council, on several occasions between the years 1998 through 2000,
unintentionally committed technical violations of Section 3(a)/1103(a) of the Public
Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401 et
seq., as codified by the Public Official and Employee Ethics Act, Act 93 of 1998,
Chapter 11, 65 Pa.C.S. §1101, et seq., which Acts are collectively referred to herein
as the "Ethics Act," when he participated in discussions, actions and votes of
council resulting in his appointment to the paid positions of president and vice
president of council.
2. There is insufficient evidence that Crile, in January 2000, used the authority of his
office for a private pecuniary benefit under Section 3(a)/1103(a) of the Ethics Act by
appointing himself while council president to the position of borough road chairman
where the only payments he received were for reimbursement of mileage and travel
expenses.
3. Per the Consent Agreement of the parties, Crile is directed to make payment in the
amount of $500.00 to Centerville Borough through this Commission within 30 days
of the date of issuance of this Order.
a. Compliance with the foregoing will result in the closing of this case with no
further action by this Commission.
b. Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
DANEEN E. REESE, CHAIR