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HomeMy WebLinkAbout1778 BrandenburgPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 In Re: Ronald Brandenburg, Respondent File Docket: X-ref- Date Decided: Date Mailed: FACSIMILE: 717-787-0806 WEBSITE: www.ethics,pp,go 19-013 Order No. 1778 3/29/21 4/l/21 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." An Answer was filed, and a hearing was not requested. 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, 1. ALLEGATIONS: That Ronald Brandenburg, a public official/public employee in his capacity as a Supervisor for Hopewell Township, Washington County, violated Sections 1103(a), 1104(a), 1104(d), 1105(b)(5), and 1105(b)(I 0) of the State Ethics Act (Act 93 of 1998) when he utilized the authority of his public office for the pecuniary benefit of a member of his immediate family, when he participated in actions of the Township Board of Supervisors by 'casting an affirmative vote to appoint a member of his immediate family, namely his daughter, to the position of Township Secretary/Treasurer for/during the 2017 calendar year; when he participated in discussions and actions of the Township Board of Supervisors to approve an increase in wage/salary/compensation specific to his daughter regarding her employment as the Township Secretary/Treasurer; when he participated in actions of the Township Board of Supervisors to approve payment of payroll, including payments issued to his daughter; when he served as an authorized Township signatory upon Township checks issued to his daughter; and when he filed deficient Statements of Financial Interests for the 2016, 2017, and 2018 calendar years by failing, to include the Township as a source of income, and when he failed to provide a response to any business interests transferred to immediate family members for calendar year 2018. Brandenburg, 19-013 Page 2 II. FINDINGS: 1. Ronald Brandenburg ("Brandenburg") served as a Supervisor for Hopewell Township ("Township"), Washington County, from January 4, 2016, through August 12, 2019. a. Brandenburg served as the Vice-Chahman of the Township Board of Supervisors (`Board") from January 7, 2019, through August 12, 2019. I . Brandenburg previously served as the Vice -Chairman of the Board in 2016, 2017, and for part of 2018. b. Brandenburg served as the Chairman of the Board from approximately April 9, 2018, until January 7, 2019. C. Brandenburg served as Roadmaster from May 9, 2016, through January 7, 2019. d. Brandenburg voluntarily resigned from the Board on August 12, 2019. 2. The Township is a Second Class Township governed by a three -Member Board. a. The Board holds one legislative meeting on the second Monday of each month. b. Workshop and special meetings are held as necessary. 3. Voting at Board legislative meetings occurs by individual roll call vote. a. Meeting minutes specifically identify the votes cast by each individual Member of the Board. b. Minutes of Township legislative meetings are approved for accuracy and adopted by the Board at the following legislative meeting. 4. The Board received an agenda, and a folder containing supporting documentation for the legislative meeting, from the Township Secretary immediately prior to the legislative meeting. a. Support documentation accompanying the agenda included, but was not limited to, any mail addressed to a specific Board Member, the previous legislative meeting minutes, monthly bank statements, etc. b. The legislative meeting agenda, excluding the supportive documentation, was also emailed to each Board Member prior to the legislative meeting. 5. A specific motion and vote occur at each legislative meeting to approve payment of all bills received since the previous legislative meeting. a. The motion and vote regarding approval of the payment of bills occurs as a single, all -encompassing vote. Brandenburg, 19-013 Page 3 6. Township checks are issued after the bill list is approved by the Board at the legislative meeting. a. An exception is made for recurring bills such as payroll and utilities. 7. Signature authority over Township accounts is maintained by all three Supervisors and the Secretary/Treasurer. a. Township -issued checks require the signatures of any two of the authorized signatories. b. All signatures on Township checks must be live signatures. 1. Facsimile stamps are not utilized. C. There were periods of time when the Township accounts did not maintain all four designated signatories due to vacancies on the Board. THE FOLLOWING FINDINGS RELATE TO BRANDENBURG'S PARTICIPATION IN APPOINTING HIS DAUGHTER AS THE TOWNSHIP SECRETARY/TREASURER IN 2017 AND APPROVING HOURLY WAGE INCREASES SPECIFIC TO HIS DAUGHTER; AND BRANDENBURG'S SERVICE AS A SIGNATORY FOR TOWNSHIP CHECKS ISSUED TO HIS DAUGHTER. 8, Section 602 of the Pennsylvania Second Class Township Code addresses annual organization meetings (53 P.S. § 65602). a. Section 602(a) states, in part, the following: 1. The Board of Supervisors is to meet on the first Monday in January of each year for organizational purposes. 2. The Board of Supervisors is to appoint a Treasurer and Secretary at the organizational meeting. 9. Colleen Mellor ("Mellor") seared as the Township Secretary/Treasurer from approximately August 2013 until March 21, 2016. a. Mellor announced to the Board her intention to resign in early 2016. b. Mellor voluntarily resigned to accept employment with North Strabane Township. C. Mellor agreed to assist and/or train her replacement prior to vacating her position. 10. Following Mellor's notice of resignation, the Township advertised the part-time Secretary/Treasurer vacancy in the Observer -Reporter from at least February 26, 2016, through February 28, 2016, as follows: Brandenburg, 19-013 Page 4 "Hopewell Township Board of Supervisors will be accepting resume's [sic] for the position of part-time Secretary -Treasurer until March 7, 2016. Applicants must have a high school diploma (or a GED equivalent), current Pennsylvania Driver's License and experience or training in Microsoft Word, Excel, Quick Books and record keeping. Please send resume with letter of interest to: 20 Parkview R., Avella, PA 15312 or [redacted email address] ." 11. Renee Warholak ("Warholak"), among other individuals, submitted a resume and/or letter of interest to the Township in response to the advertisement in the Observer -Reporter. a. Warholak is Brandenburg's daughter and a member of his "immediate family" as defined by the Ethics Act (65 Pa.C.S. § 1102). b. The Township received at least nine resumes and/or letters of interest via mail and/or email in response to the advertisement in the Observer -Reporter. 1. In response to a request by the Investigative Division, the Township reported that it had no record of Warholak's resume and/or letter of interest within the files of the Township. aa. During a sworn statement with the Investigative Division on June 27, 2019, Warholak affirmed she mailed a letter of interest and resume to the Township in response to the advertisement. bb. Warholak provided a copy of her letter of interest and resume to the Investigative Division on June 27, 2019. 12. Brandenburg had access to and reviewed various resumes and/or letters of interest received for the Secretary/Treasurer position. a. On March 7, 2016, at 2:47 p.m., Mellor emailed Supervisor David Rice ("Rice") as follows: "Both guys have been here and reviewed -also received by email. Ron: [cell phone number redacted] Sam: [cell phone number redacted]" 1. Mellor's email was in response to a previous email transmission from Rice regarding the resumes and/or letters of interest the Township received in response to the advertisement in the Observer -Reporter. 2. Mellor's communication confirms that both then -Supervisor Sam Perry ("Perry") and Brandenburg reviewed the resumes/letters of interest regarding the Secretary/Treasurer position. b. Mellor provided both paper and electronic copies of each applicant's resume and/or letter of interest to Brandenburg. Brandenburg,19-013 Page 5 1. Brandenburg's personal email address is [email address redacted]. 13. Warholak was one of three candidates subsequently interviewed by the Board for the Township Secretary/Treasurer position. a. The three candidates for the Secretary/Treasurer position were interviewed by, at a minimum, Rice and Perry on March 14, 2016, beginning at approximately 6:00 p.m. Each interview was allotted approximately fifteen to twenty minutes. 2. The Township's March 14, 2016, legislative meeting began at 7:00 p.m. aa. Brandenburg was present at the March 14, 2016, legislative meeting. b. Warholak was ultimately hired as the Township Secretary/Treasurer on March 14, 2016, 14. The scope of Brandenburg's participation beyond the review of resumes and/or letters of interest in response to the Township's Secretary/Treasurer vacancy announcement could not be determined. a. The other applicants interviewed for the Secretary/Treasurer position could not recall whether Brandenburg participated in the interview process, nor could they recall the number of interviewers present during each applicant's individual interview. b. Brandenburg and the other Board Members deny Brandenburg having been present during the interviews conducted on March 14, 2016. 15. Warholak was hired as the Township Secretary/Treasurer at the Township's March 14, 2016, legislative meeting via 2-0-1 vote. a. Brandenburg was present for the meeting. b. Brandenburg abstained from the vote to hire Warholak. Brandenburg submitted a written abstention form to Mellor identifying and disclosing his immediate family relationship with Warholak. 16. The motion approved at the March 14, 2016, meeting did not include or otherwise set an hourly wage or salary for Warholak as the Township Secretary/Treasurer. a. Mellor subsequently contacted Rice and inquired as to the hourly rate of pay to be established for Warholak. IT On March 16, 2016, Rice emailed Mellor in response to her inquiry relating to Warholak's starting hourly wage as follows: "Sam & I agree. $16/hour. David." Brandenburg, 19-013 Page 6 a. Warholak's starting wage was set at $16.00 per hour. b. The Board never formally voted at a regularly scheduled legislative or special meeting to set Warholak's starting hourly wage. 1. Sam refers to then -Supervisor Perry. 2. No evidence was discovered identifying any participation by Brandenburg in setting Warholak's starting/initial hourly wage. 19. The Board annually appointed/reappointed Warholak as the Secretary/Treasurer between 2017 and 2019, as detailed below: Meeting Date Meeting Type Brandenburg Present Motioned By Seconded By Votes Brandenburg's Vote 01/02/2017 Reor anizational Yes Rice Hammett 3-0 Yes 01/02/2018 Reor anizational Yes Rice Rush 2-0-1 Abstain 01/14/2019 Legislative Yes Rush Kearns 2-0-1 Abstain a. Meeting minutes record Brandenburg as being present and voting in favor of appointing/reappointing Warholak to the Secretary/Treasurer position at the January 2, 2017, reorganizational meeting. 1. During the January 9, 2017, legislative meeting, the Board unanimously approved the accuracy of the January 2, 2017, reorganizational meeting minutes. b. Brandenburg was present at the meetings but is recorded as abstaining from voting to appoint/reappoint Warholak as the Township Secretary/Treasurer in 2018 and 2019. 1. The Township has no written abstention form from Brandenburg in relation to Warholak's appointment/reappointment to the Secretary/Treasurer position in 2017, 2018, or 2019. 19. In 2017 Warholak received at least $10,914.46 in payment/compensation from the Township in relation to her employment as the Township Secretary/Treasurer. a. Brandenburg served as a Township signatory for 21 of the 26 payroll checks issued to Warholak in 2017. b. Warholak endorsed and/or negotiated all 26 payroll checks she received in 2017. 1. Warholak's signature was present on the endorsement line located on the back of all 26 payroll checks issued to her in 2017. 20. The Board meets with each individual Township employee regarding performance evaluations prior to the annual reorganizational meeting. Brandenburg, 19-013 Page 7 a. Annual performance evaluations are held to determine whether an employee is meeting the requirements and expectations for the job which the employee holds. 1. Performance evaluations are held in either December or January of each year. b. Annual performance evaluations are utilized to assist in determining whether an employee will receive any increase in compensation. 1. The Board approves any increase in compensation of Township employees by vote at the annual reorganizational meeting. 21. Warholak received annual evaluations in relation to her performance as the Township Secretary/Treasurer. a. Brandenburg did not participate in Warholak's annual performance evaluations. 1. Rice and Supervisor Brian Hammett participated in Warholak's 2017 performance evaluation. 2. Rice was the only Board Member to participate in Warholak's 2018 performance evaluation. 22. The motion and vote to set Township employees' annual hourly wages, including any increase, occurs in a single, all -encompassing, roll call vote. a. The motion includes the Secretary/Treasurer and road employees, as well as the positions classified as skilled labor, unskilled labor, and temporary snow plowing. 1. The hourly wages for the skilled labor, unskilled labor, and temporary snow plowing positions have remained consistent since at least January 4, 2016. 2. The skilled labor, unskilled labor, and temporary snow plowing positions are not eligible for hourly wage increases, as the positions are temporary and filled as needed. b. Each position being considered for an increase in compensation is individually discussed by the Board prior to the single, all -encompassing vote. 23. Warholak, as the Township Secretary/Treasurer, received increases of $1.50 per hour and $0.15 per hour in January 2017 and January 2018, respectively, as shown below: Meeting Date Brandenburg Present Motioned By seconded By Votes Brandenburg's Vote Warholak's ,Set Hourly Wa e 01/02/2017 Yes Rice Hammett 3-0 Yes $17.50 01/02/2018 Yes Rice Brandenburg 3-0 Yes $17.65 01/07/2019 Yes Brandenburg Kearns J 3-0 1 Yes $17.65 Brandenburg, 19-013 Page 8 a. Brandenburg was present and voted in favor of annual hourly wage increases for Warholak during the 2017 and 2018 reorganizational meetings. In relation to the other classified bi-weekly positions, Warholak received the highest percentage hourly wage increase in both 2017 and 2018. b. The Board did not provide any hourly wage increase to the Secretary/Treasurer or any other position at the January 7, 2019, reorganizational meeting. 24. Warholak realized additional compensation totaling $1,917.66 over the time frame of 2017 through 2019 in relation to her position as Secretary/Treasurer, as a result of wage increases authorized by the Board, as shown below: Calendar Year Additional Yearly Wages 2016 $0.00 2017 $935.52 2018 $930.19 2019 $51.95 TOTAL $1,917.66 a. Brandenburg actively participated in the discussion and actions of the Board which resulted in increases in Warholak's hourly wage. 25. Warholak resigned from the Township on January 21, 2019. a. The Board accepted Warholak's resignation during the January 24, 2019, legislative meeting, effective January 21, 2019. 1. Brandenburg was absent from the January 24, 2019, legislative meeting. 26. Brandenburg's signature appears as an authorized Township signatory on payroll checks issued to Warholak in relation to her compensation as the Township Secretary/Treasurer. a. Brandenburg served as a Township signatory on 36 of the 75 payroll checks issued to Warholak throughout her tenure as the Township's Secretary/Treasurer. b. Brandenburg was not a signatory on Township accounts from January 14, 2019, through February 11, 2019. THE FOLLOWING FINDINGS RELATE TO BRANDENBURG'S STATEMENT OF FINANCIAL INTERESTS FORMS FOR CALENDAR YEARS 2016, 2017, AND 2018. 27. [A township supervisor is required to file a Statement of Financial Interests ("SFI") form each year] with the governing authority of the [township] within which he is appointed or elected. a. An SFI form is required to be filed by no later than May 1" of each year that a public official holds public office. Brandenburg, 19-013 Page 9 b. SFI forms require filers to report specified financial information pertaining to the preceding calendar year. Brandenburg was required to file an SFI by May I" annually for each calendar year in which he served as a Member of the Board. 28. Information to be disclosed on SFIs filed by public officials and public employees is mandated by 65 Pa.C.S. § 1105. a. Section 1105(b)(1) through Section 1105(b)(10) identify specific information to be disclosed as well as exceptions to disclosure requirements when applicable. 1. Section 1105(b)(5), in part, mandates disclosure of the following on SFIs filed: "The name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more...." 2. Section 1105(b)(10) mandates disclosure of the following on SFIs filed: "The identity of any financial interest in a business with which the reporting person is or has been associated in the preceding calendar year which has been transferred to a member of the reporting person's immediate family." 29. On June 3, 2019, an SFI compliance review was conducted for the Township at the Township municipal building, located at 20 Parkview Road, Avella, Pennsylvania. a. Brandenburg's SFI forms for calendar years 2016 through 2019 were obtained from the Township municipal building on June 3, 2019. 30. Brandenburg filed SFI forms for calendar years 2016 through 2018 in compliance with Section 1104(a) of the Ethics Act as follows: Date Filed Calendar Year 02/14/2017 2016 04/12/2018 2017 04/29/2019 2018 31. Brandenburg failed to disclose the Township as a direct or indirect source of income totaling in the aggregate $1,300 or more on his SFI forms filed for calendar years 2016, 2017, and 2018 as mandated by 65 Pa.C.S. § I I05(b)(5). a. Brandenburg's calendar years 2016, 2017, and 2018 SFI flings did not disclose his income from the Township. Brandenburg's 2016, 2017, and 2018 Form W-2 Wage and Tax Statements from the Township report Brandenburg having received income from the Township as indicated below: Brandenburg, 19-013 Page 10 2016 2017 2018 Supervisor Salary $3,400.00 $4,800.00 $4,800.00 Working Salary $180.00 $0.00 $667.75 Annual Total $3,580.00 $4,800.00 $5,467.75 32. Brandenburg failed to disclose any and/or all business interests transferred to any immediate family member(s) on his SFI form filed for calendar year 2018 as mandated by 65 Pa.C.S. § 1105(b)(W). a. Brandenburg failed to complete Section 15 regarding `Business Interests Transferred to Immediate Family Member" on his calendar year 2018 SFI form. Brandenburg's 2018 calendar year SFI form documented the following on the bottom of the form: "This form is considered deficient if any block above is not completed." III. DISCUSSION: As a Supervisor for Hopewell Township ("Township"), Washington County, Pennsylvania, from January 4, 2016, through August 12, 2019, Respondent Ronald Brandenburg, also referred to herein as "Respondent," Respondent Brandenburg," and `Brandenburg," was a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa. C.S. § 1101 et seq. The allegations are that Brandenburg, as a Township Supervisor, violated Sections 1103 (a), 1104(a), 1104(d), 1105(b)(5), and 1105(b)(10) of the Ethics Act: (1) When he utilized the authority of his public office for the pecuniary benefit of a member of his immediate family, when he participated in actions of the Township Board of Supervisors ("Board") by casting an affirmative vote to appoint a member of his immediate family, namely his daughter, to the position of Township Secretary/Treasurer for/during the 2017 calendar year; (2) When he participated in discussions and actions of the Board to approve an increase in wage/salary/compensation specific to his daughter regarding her employment as the Township Secretary/Treasurer; (3) When he participated in actions of the Board to approve payment of payroll, including payments issued to his daughter; (4) When he served as an authorized Township signatory upon Township checks issued to his daughter; and (5) When he filed deficient Statements of Financial Interests ("SFIs") for the 2016, 2017, and 2018 calendar years by failing to include the Township as a source of income, and failing to provide a response to any business interests transferred to immediate family members for calendar year 2018. Brandenbur , 19-013 Page 11 Per the Consent Agreement, the Investigative Division, in the exercise of its prosecutorial discretion, has elected to nolle pros the allegations of paragraphs 3 and 4 above, as well as the alleged violations of Sections 1104(a) and 1104(d) of the Ethics Act. We therefore need not address those allegations. 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: § 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. The term "immediate family" is defined in Section 1102 of the Ethics Act to include "[a] parent, spouse, child, brother or sister." 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. Brandenburg, 19-013 Page 12 Subject to certain statutory exceptions, Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the SFl the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. 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. 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. The Township is a Second Class Township. The Board consists of three Supervisors. Brandenburg served as a Township Supervisor from January 4, 2016, through August 12, 2019. Brandenburg served as Vice -Chairman of the Board in 2016 and 2017 and during parts of 2018 and 2019. Brandenburg served as Roadmaster from May 9, 2016, through January 7, 2019. At the Board's March 14, 2016, legislative meeting, Brandenburg's daughter, Renee Warholak ("Warholak"), was hired as the Township Secretary/Treasurer via 2-0-1 vote of the Board. Brandenburg abstained from the vote to hire Warholak and submitted a written abstention form identifying and disclosing his immediate family relationship with Warholak. Between 2017 and 2019, the Board annually appointed/reappointed Warholak as the Township Secretary/Treasurer. Board meeting minutes record Brandenburg as voting in favor of appointing/reappointing Warholak to the Secretary/Treasurer position at the Board's January 2, 2017, reorganizational meeting. In 2017, Warholak received at least $10,914.46 in payment/compensation from the Township in relation to her employment as the Township Secretary/Treasurer. Brandenburg is recorded as abstaining from voting to appoint/reappoint Warholak as the Township Secretary/Treasurer in 2018 and 2019. The Board votes to set Township employees' annual hourly wages, including any increase, through a single, all -encompassing roil call vote at the Board's annual reorganizational meeting. Each position being considered for an increase in compensation is individually discussed by the Board prior to the single, all -encompassing vote. Warholak, as the Township Secretary/Treasurer, received increases of $1.50 per hour and $0.15 per hour in January 2017 and January 2018, respectively. Brandenburg actively participated in discussions and actions of the Board which resulted in increases in Warholak's hourly wage. Brandenburg voted in favor of annual hourly wage increases for Warholak during the 2017 and 2018 reorganizational meetings. In relation to the other classified bi-weekly positions, Warholak received the highest percentage hourly wage increase in both 2017 and 2018. As a result of wage increases authorized by the Board, Warholak realized additional compensation totaling $1,917.66 over the time frame of 2017 through 2019 in relation to her position as Secretary/Treasurer. Warholak resigned from the Township on January 21, 2019. Brandenburg, 19-013 Page 13 As for Brandenburg's SFIs, an SFI compliance review was conducted at the Township municipal building on June 3, 2019. Brandenburg's SFIs for calendar years 2016 through 2019 were on file with the Township. Brandenburg failed to disclose the Township as a direct or indirect source of income on his SFIs for calendar years 2016, 2017, and 2018 despite having received income in excess of $1,300.00 from the Township during each calendar year. Brandenburg failed to complete block 15, `Business Interests Transferred to Immediate Family Member," on his SFI for calendar year 2018. 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 Brandenburg, as a Supervisor for Hopewell Township, Washington County, participated in actions of the Township Board of Supervisors in the Township's hiring of his daughter to the position of Township Secretary/Treasurer in 2017 and her subsequent increases in compensation in the following years. b. That violations of Sections 1105(b)(5) and 1105(b)(10) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §§ 1105(b)(5), 1105(b)(10), occurred when Brandenburg failed to include the Township as a source of income in calendar years 2016, 2017, and 2018, and when he failed to provide a response to any business interests transferred to immediate family member for calendar year 2018. 4. Brandenburg agrees to make payment in the amount of $500.00 in settlement of this matter. Brandenburg agrees to pay no less than $250.00 per month until he has paid the total settlement figure as described below. a. No payment or restitution is ordered regarding the 1103(a) violation per the Pennsylvania Supreme Court's ruling in Sivick v. State Ethics Commission, 62 MAP 2019, 2020 Pa. LEXIS 5160 (October 1, 2020) [Sivick v. State Ethics Commission, 238 A.3d 1250 (Pa. 2020)]. Brandenburg, 19-0I3 Page 14 b. Brandenburg agrees to make a payment of $500.00 reflective of a civil penalty in this matter which shall be made payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission, with the first payment due, as described above, within thirty (30) days of the issuance of the final adjudication in this matter. 5. Brandenburg agrees to file complete and accurate and/or amended Statements of Financial Interests with Hopewell Township, through the Pennsylvania State Ethics Commission, for calendar years 2016, 2017 and 2018 within thirty (30) days of the issuance of the final adjudication in this matter. 6. Brandenburg agrees to not accept any reimbursement, compensation or other payment from Hopewell Township 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 1-2. We agree with the parties that a violation of Section 1103(a) of the Ethics Act occurred when Brandenburg, as a Township Supervisor, participated in actions of the Board in the Township's hiring of his daughter to the position of Township Secretary/Treasurer in 2017 and her subsequent increases in compensation in the following years. Brandenburg used the authority of his public office for the private pecuniary benefit of his daughter, Warholak, when he voted in favor of appointing/reappointing Warholak to the Township Secretary/Treasurer position at the Board's January 2, 2017, reorganizational meeting. In 2017, Warholak received at least $10,914.46 in payment/compensation from the Township in relation to her employment as the Township Secretary/Treasurer. Brandenburg also used the authority of his public office for the private pecuniary benefit of Warholak when he actively participated in discussions and actions of the Board which resulted in increases in Warholak's hourly wage. Brandenburg voted in favor of annual hourly wage increases for Warholak during the 2017 and 2018 reorganizational meetings. As the Township Secretary/Treasurer, Warholak received increases of $1.50 per hour in January 2017 and $0.15 per hour in January 2018. Warholak realized additional compensation totaling $1,917.66 over the time frame of 2017 through 2019 as a result of wage increases authorized by the Board with Brandenburg's participation. Brandenburg, 19-013 Page 15 We hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Brandenburg, as a Township Supervisor, participated in actions of the Board in the Township's hiring of his daughter to the position of Township Secretary/Treasurer in 2017 and her subsequent increases in compensation in the following years. We accept the recommendation of the parties, and we hold, that violations of Sections 1105(b)(5) and 1105(b)(10) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(5), 1105(b)(10), occurred when Brandenburg failed to include the Township as a source of income on his SFIs for calendar years 2016, 2017, and 2018, and when he failed to provide a response to "Business Interests Transferred to Immediate Family Member" on his SFI for calendar year 2018. As part of the Consent Agreement, the parties have agreed that no payment or restitution will be ordered regarding the Section 1103(a) violation as per the Pennsylvania Supreme Court's ruling in Sivick v. State Ethics Commission, 238 A.3d 1250 (Pa. 2020). As part of the Consent Agreement, Brandenburg has agreed to make payment in the total amount of $500.00—representing a civil penalty —in settlement of this matter by making payments of no less than $250.00 per month, with each payment to be made payable to the Commonwealth of Pennsylvania and forwarded to this Commission and with the fast payment due within thirty (30) days of the issuance of the final adjudication in this matter. Brandenburg agrees to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. Finally, Brandenburg has agreed to file complete and accurate and/or amended SFIs with the Township, through this Commission, for calendar years 2016, 2017, and 2018 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, Brandenburg is directed to make payment in the total amount of $500.00 by making payments of no less than $250.00 per month, with each payment to be made payable to the Commonwealth of Pennsylvania and forwarded to this Commission and with the first payment due by no later than the thirtieth (301h) day after the mailing date of this adjudication and Order. No payment or restitution will be ordered regarding the Section 1103(a) violation as per the Pennsylvania Supreme Court's ruling in Sivick v. State Ethics Commission, 238 A.3d 1250 (Pa. 2020). Per the Consent Agreement of the parties, Brandenburg is directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Brandenburg is directed to file complete and accurate and/or amended SFIs for calendar years 2016, 2017, and 2018 with the Township, through Brandenburg, 19-013 Page 16 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. IV. CONCLUSIONS OF LAW: As a Supervisor for Hopewell Township ("Township"), Washington County, Pennsylvania, from January 4, 2016, through August 12, 2019, Respondent Ronald Brandenburg ("Brandenburg") was a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. 2. Brandenburg, as a Township Supervisor, violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he participated in actions of the Township Board of Supervisors in the Township's hiring of his daughter to the position of Township Secretary/Treasurer in 2017 and her subsequent increases in compensation in the following years. Violations of Sections 1105(b)(5) and 1105(b)(10) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(5), 1105(b)(10), occurred when Brandenburg failed to include the Township as a source of income on his Statements of Financial Interests for calendar years 2016, 2017, and 2018, and when he failed to provide a response to "Business Interests Transferred to Immediate Family Member" on his Statement of Financial Interests for calendar year 2018. In Re: Ronald Brandenburg, File Docket: 19-013 Respondent Date Decided: 3/29/21 Date Mailed: 4/1/21 ORDER NO. 1778 1. As a Supervisor for Hopewell Township ("Township"), Washington County, Pennsylvania, Ronald Brandenburg ("Brandenburg") violated Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), when he participated in actions of the Township Board of Supervisors in the Township's hiring of his daughter to the position of Township Secretary/Treasurer in 2017 and her subsequent increases in compensation in the following years. 2. Violations of Sections 1105(b)(5) and 1105(b)(10) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(5), 1105(b)(10), occurred when Brandenburg failed to include the Township as a source of income on his Statements of Financial Interests for calendar years 2016, 2017, and 2018, and when he failed to provide a response to "Business Interests Transferred to Immediate Family Member" on his Statement of Financial Interests for calendar year 2018. Per the Consent Agreement of the parties, Brandenburg is directed to make payment in the total amount of $500.00 by making payments of no less than $250.00 per month, with each payment to be made payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission and with the first payment due by no later than the thirtieth. (301h) day after the mailing date of this Order. a. No payment or restitution will be ordered regarding the Section 1103(a) violation as per the Pennsylvania Supreme Court's ruling in Sivick v. State Ethics Commission, 238 A.3d 1250 (Pa. 2020). 4. Per the Consent Agreement of the parties, Brandenburg is directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. 5. To the extent he has not already done so, Brandenburg is directed to file complete and accurate and/or amended Statements of Financial Interests for calendar years 2016, 2017, and 2018 with the Township, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30t11) day after the mailing date of this Order. 6. Compliance with Paragraphs 3, 4, and 5 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, Nicholas A. Colafella, air