Loading...
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 Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. §1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending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