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HomeMy WebLinkAbout1784 CaughlanPHONE: 717-783-1610 TOLL FREE: 1..800-932-0936 In Re: Susan Caughlan, Respondent ..... ..... File Docket: X-ref- Date Decided Date Mailed: FACMILE: 717-787-0806 WEBSITE: m88L.ethLcs,12a,gp_v 19-022 Order No. 1784 3/29/21 4/1/21 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�Leq., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." A Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties, to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has, been approved. 1. ALLEGATION: That Susan Caugblan, a public official/public employee in her capacity as a Supervisor for Worcester Township, Montgomery County, violated Section 1103 (a) of the State Ethics Act (Act 93 of 1998) when she participated in discussions and actions of the Township Board of Supervisors regarding property owners' applications for designation/inclusion within the Township's Agricultural Security Area, at a time when she was providing legal representation to the same applicant(s) in the same matter(s) before the Township Board of Supervisors. 11. FINDINGS: Susan Caughlan ("Ms. Caughlan") served as a Supervisor for Worcester Township ("Township"), Montgomery County, from January 2010 until October 21, 2020. Caughlan, 19-022 Page 2 2. The Township is a Second Class Township governed by a three -Member Board of Supervisors. THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT MS. CAUGHLAN PARTICIPATED IN DISCUSSIONS AND ACTIONS OF THE BOARD OF SUPERVISORS REGARDING PROPERTY OWNERS' APPLICATIONS FOR DESIGNATIONANCLUSION WITHIN THE TOWNSHIP'S AGRICULTURAL SECURITY AREA, AT A TIME WHEN SHE WAS PROVIDING LEGAL REPRESENTATION TO THE SAME APPLICANTS. 3. Ms. Caughlan is employed in the private practice of law. 4. The Disciplinary Board of the Supreme Court of Pennsylvania identifies Ms. Caughlan as a person authorized to practice law in the State of Pennsylvania. 5. Ms. Caughlan's legal practice is concentrated on land preservation, including conservation easements and estate planning. 6. The Agricultural Area Security Law (Act 43 of 1981) allows for the creation of joint municipality agricultural security areas. 7. An Agricultural Security Area ("ASA") is a tract of agricultural land officially designated as an "Agricultural District" by the local municipality. a. There is no fee to join an ASA, and there is no financial, zoning, or other penalty for the change of land use in an ASA, b. An ASA is intended to promote permanent and viable farming operations by strengthening the farming community's sense of security in land use and the right to farm. C. Creating an ASA is a collaborative effort between farmers and the local government. d. To establish an ASA, landowners submit a proposal to the local municipality. 1. The local governing municipality then decides whether to approve the creation of an ASA. 2. Once established, the local municipality is responsible for reviewing the area every seven years. 8. Prior to establishing an ASA, the following conditions must be met: a. In order to create a new ASA, a 250 acre or more farm tract is required. The 250- acre tract does not have be under the same ownership or even be in the same municipality. Cau Ig plan, 19-022 Page 3 b. Noncontiguous farm parcels must be comprised of at least 10 acres in size or have an anticipated yearly gross income of at least $2,000.00 from agricultural production. C. The property must be viable agricultural land. Cropland, pasture, and woodland can all be included in an ASA. d. Land proposed must have soils that are conducive to agriculture. This factor will be automatically satisfied if at least 50% of the soils are classified in Classes I -IV or if the soil is currently in active farm use and is being maintained in accordance with a soil erosion and sedimentation plan. The property must be zoned to permit agricultural uses but is not required to be zoned to exclude other uses. £ Additional factors to be considered are the extent and nature of farm improvements, anticipated trends in agricultural economic and technological conditions, and any other relevant factors. 9. Enrolling a property in an ASA affords the land certain protections and is beneficial for an active farm. a. Farms in an ASA are protected from new ordinances which would restrict normal farming operations or define farms as nuisances. b. An ASA farm is also protected from any portion of the property being seized by eminent domain through additional approvals being required prior to any condemnation. 10. The Township has an established ASA which was last certified via approval of Resolution 2016-30 at the September 21, 2016, Board of Supervisors meeting. 11. Bethel Road Associates, LP ("Bethel Road Associates") is a Pennsylvania limited partnership that was owned during the relevant time period by Lisa Evans, D.V.M. ("Dr. Evans") and Michael Evans. Bethel Road Associates owned property in the Township located at 2045 Bethel Road, Lansdale, PA (112045 Bethel Road"). 12. Dr. Evans and her husband, Hansell Stedman, M.D. ("Dr. Stedman"), own property in the Township located at 1907 Berks Road, Norristown, PA ("1907 Berks Road"). 13. Dr. Evans contacted Ms. Caughlan in or around October 2016 and asked for legal representation with regard to preserving the 1907 Berks Road and 2045 Bethel Road properties. Ms. Caughlan agreed to assist in seeking to preserve the properties through a private land trust. 14. After retaining Ms. Caughlan, and after Ms. Caughlan began work related to preservation of the 2045 Bethel Road and 1907 Berks Road properties via a private land trust, Dr. Evans Caughlan, 19-022 Page 4 also asked Ms. Caughlan to prepare an application to enroll the 2045 Bethel Road and 1907 Berks Road properties in the Township's ASA. a. Ms. Caughlan prepared an application seeking to enroll the 2045 Bethel Road and 1907 Berks Road properties in the Township's ASA. b. Enrollment of the parcels in the Township's ASA would neither prevent nor facilitate the parcels being preserved via a private land trust. Preparation of an ASA application consists of the insertion of the name of the municipality, the total acreage of the existing ASA, the names and signatures of the parcel owners, and the address, parcel number and acreage of the parcel proposed for addition onto a standardized form, along with a map reflecting the location of the parcel proposed for addition. d. Ms. Caughlan did not use the authority of her office or any confidential information received through holding her office when preparing the ASA application for the 2045 Bethel Road and 1907 Berks Road properties. 15. On or about January 16, 2017, an application was submitted to the Township to enroll the properties located at 2045 Bethel Road and 1907 Berks Road in the Township's ASA. 16. At the February 15, 2017, Board of Supervisors business meeting, a motion was approved to acknowledge the Township's receipt of the ASA application for the 2045 Bethel Road and 1907 Berks Road properties. By unanimous vote the Board of Supervisors adopted the motion to acknowledge receipt of the application. a. Ms. Caughlan participated in approving the motion. b. Ms. Caughlan did not disclose she was, as an attormey-at-law, representing the applicants (Bethel Road Associates and Dr. Evans/Dr. Stedman) regarding preservation of the two properties being considered for inclusion in the Township's ASA. 17. At the Worcester Township Planning Commission ("Planning Commission") meeting held March 23, 2017, a recommendation was made to the Board of Supervisors to approve the addition of the 2045 Bethel Road and 1907 Berks Road properties within the Township's ASA. a. Ms. Caughlan did not attend this Planning Commission meeting or communicate with any Planning Commission Members regarding the ASA application for the 2045 Bethel Road and 1907 Berks Road properties. 18. At the April 19, 2017, business meeting of the Board of Supervisors, the Supervisors by unanimous vote adopted a motion to approve Resolution 2017-09, authorizing the addition of the properties located at 2045 Bethel Road and 1907 Berks Road to the Township's ASA. Caughlan, 19-022 Page 5 a. Ms. Caughlan was present for the meeting and participated in the motion to approve Resolution 2017-09, which was approved without public comment or discussion by the Supervisors. b. A short time before the meeting began, Ms. Caughlan sought verbal advice from the Township Solicitor regarding her vote on admission of the properties into the Township's ASA and was not advised to abstain from voting. She acknowledges, however, that she did not allow adequate time for the Township Solicitor to receive all operative facts, carefully consider those facts, research applicable law, and provide her with a written opinion. C. Neither Bethel Road Associates nor Dr. Evans/Dr. Stedman at any time requested that Ms. Caughlan vote on the ASA application for the 2045 Bethel Road and 1907 Berks Road properties or vote in any particular manner if she did vote. d. Ms. Caughlan did not promise or intimate at any time that she would vote on the ASA application for the 2045 Bethel Road and 1907 Berks Road properties or vote in any particular manner if she did vote. C. Ms. Caughlan asserts that at the time of her vote on the ASA application for the 2045 Bethel Road and. 1907 Berks Road properties, she did not believe that admission of the properties into the Township's ASA would result in any direct or indirect pecuniary benefit to her clients or herself. f. Neither Bethel Road Associates nor Dr. Evans/Dr. Stedman offered any compensation or pecuniary benefit at any time to Ms. Caughlan in exchange for voting on the ASA application for the 2045 Bethel Road and 1907 Berks Road properties. g. Ms. Caughlan did not request any compensation or pecuniary benefit at any time for Ms. Caughlan in exchange for voting on the ASA application for the 2045 Bethel Road and 1907 Berks Road properties. h. Ms. Caughlan did not receive any direct compensation or pecuniary benefit from Bethel Road Associates or Dr. Evans/Dr. Stedman as a result of her vote on the ASA application for the 2045 Bethel Road and 1907 Berks Road properties. i. Ms. Caughlan did not receive any indirect compensation or pecuniary benefit from Bethel Road Associates or Dr. Evans/Dr. Stedman as a result of her vote on the ASA application for the 2045 Bethel Road and 1907 Berks Road properties, in the form of additional legal work or otherwise. j. While a Supervisor, Ms. Caughlan generally supported land preservation efforts within the Township and voted to approve the addition of every parcel proposed for inclusion in the Township's ASA that was recommended by the Planning Commission after its consideration of the statutory criteria. Cain, 19-022 Page 6 19. Ms. Caughlan asserts that at the time of her vote on the ASA application for the 2045 Bethel Road and 1907 Berks Road properties, she was not aware of the Commission's opinion in Kannebecker, Opinion 92-010, and was not otherwise aware that voting on a matter involving a client was considered a conflict of interest in the absence of receipt of a private pecuniary benefit by the official or client as a result of the vote or official action. 20. Ms. Caughlan participated in approving the minutes of the Township's meeting held April 19, 2017, at the Township's May 17, 2017, meeting. a. No corrections were made by Ms. Caughlan to the meeting minutes. 21. Ms. Caughlan submitted billing statements for the legal work she performed for Bethel Road Associates and Dr. Evans/Dr. Stedman between November 1, 2016, and March 31, 2017. 22. Payments were made to Ms. Caughlan by Dr. Evans for the legal work Ms. Caughlan performed for Bethel Road Associates and Dr. Evans/Dr. Stedman and were deposited by Ms. Caughlan. 23. Some of the payments to Ms. Caughlan were for the legal work Ms. Caughlan performed during the time Dr. Evans was seeking inclusion of properties in the Township's ASA, which Ms. Caughlan subsequently approved via Township Resolution 2017-09 as a Supervisor. 24. After the properties at 2045 Bethel Road and 1907 Berks Road were approved for inclusion in the Township's ASA in April 2017, Dr. Evans decided not to pursue preservation of those properties any further. a. Ms. Caughlan did not perform any other Iegal work for Bethel Road Associates and/or Dr. Evans/Dr. Stedman, and did not submit any billing statements to Bethel Road Associates and/or Dr. Evans/Dr. Stedman, other than the billing statements referenced above for work performed between November 1, 2016, and March 31, 2017. III. DISCUSSION: As a Supervisor for Worcester Township ("Township"), Montgomery County, Pennsylvania, from. January 2010 until October 21, 2020, Respondent Susan Caughlan, also referred to herein as "Respondent," "Respondent Caughlan," and "Caughlan," 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 allegation is that Caughlan violated Section 1103(a) of the Ethics Act when she participated in discussions and actions of the Township Board of Supervisors ("Board of Supervisors") regarding property owners' applications for designation/inclusion within the Caughlan, 19-022 Page 7 Township's Agricultural Security Area, at a time when she was providing legal representation to the same applicant(s) in the same matter(s) before the Board of Supervisors. Pursuant to Section 1103(a) of the Ethics Act, a public off cial/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. 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 of Supervisors consists of three Members. Caughlan served as a Township Supervisor from January 2010 until October 21, 2020. Caughlan, 19-022 Page 8 Caughlan is an attorney licensed to practice law in Pennsylvania. Caughlan's legal practice is concentrated on land preservation. The Agricultural Area Security Law (Act 43 of 1981) allows for the establishment of agricultural security areas ("ASAs") by municipalities. An ASA is a tract of agricultural land officially designated as an "Agricultural District" by the local municipality. An ASA is intended to promote permanent and viable farming operations by strengthening the farming community's sense of security in land use and the right to farm. Creating an ASA is a collaborative effort between farmers and the local municipality. Landowners interested in the creation of an ASA submit a proposal to the local municipality, which then decides whether to approve the establishment of an ASA. Enrolling a property in an ASA affords the property certain protections and is beneficial for an active farm. A farm in an ASA is protected from new ordinances that would restrict normal farming operations or define farms as nuisances. A farm in an ASA also receives additional protection from eminent domain proceedings. There is no fee to enroll a property in an ASA. The Township has an ASA. Bethel Road Associates, LP ("Bethel Road Associates") is a Pennsylvania limited partnership that was owned during the relevant time period by Lisa Evans, D.V.M. ("Dr. Evans") and Michael Evans. Bethel Road Associates owned property in the Township located at 2045 Bethel Road, Lansdale, PA ("2045 Bethel Road"). Dr. Evans and her husband, Hansell Stedman, M.D. ("Dr. Stedman"), own property in the Township located at 1907 Berks Road, Norristown, PA ("1907 Berks Road"). In or around October 2016, Dr. Evans contacted Caughlan and asked her for legal representation with regard to preserving the 2045 Bethel Road and 1907 Berks Road properties. Caughlan agreed to assist in seeking to preserve the properties through a private land trust. After Caughlan began work related to preserving the 2045 Bethel Road and 1907 Berks Road properties via a private land trust, Dr. Evans asked Caughlan to prepare an application to enroll the 2045 Bethel Road and 1907 Berks Road properties in the Township's ASA. Enrollment of the properties in the Township's ASA would neither prevent nor facilitate the preservation of the properties via a private land trust. Caughlan subsequently prepared an ASA application seeking to enroll the 2045 Bethel Road and 1907 Berks Road properties in the Township's ASA. An ASA application is prepared by completing a standardized form with the name of the municipality, the total acreage of the existing ASA, the names and signatures of the parcel owners, and the address, parcel number, and acreage of each parcel proposed for addition. Caughlan did not use the authority of her office or any confidential information received through holding her office when she prepared the ASA application for the 2045 Bethel Road and 1907 Berks Road properties. On or about January 16, 2017, an ASA application to enroll the 2045 Bethel Road and 1907 Berks Road properties in the Township's ASA was submitted to the Township. On February 15, 2017, Caughlan participated in a unanimous vote of the Board of Supervisors that acknowledged receipt of the ASA application. Caughlan did not disclose that in her capacity as an attorney, she Caughlan, 19-022 Page 9 was representing the applicants —specifically, Bethel Road Associates and Dr. Evans/Dr. Stedman —with regard to the preservation of the 2045 Bethel Road and 1907 Berks Road properties. At the Worcester Township Planning Commission meeting held on March 23, 2017, a recommendation was made to the Board of Supervisors to approve adding the 2045 Bethel Road and 1907 Berks Road properties to the Township's ASA. On April 19, 2017, Caughlan participated in a unanimous vote of the Board of Supervisors that approved Resolution 2017-09, which authorized adding the 2045 Bethel Road and 1907 Berks Road properties to the Township's ASA. Neither Bethel Road Associates nor Dr. Evans/Dr. Stedman requested that Caughlan vote on the ASA application for the 2045 Bethel Road and 1907 Berks Road properties, and Caughlan did not promise or intimate at any time that she would vote on the ASA application. Caughlan was not offered, and she did not request, any compensation or pecuniary benefit in exchange for voting on the ASA application. The parties have stipulated that Caughlan did not receive any direct or indirect compensation or pecuniary benefit from Bethel Road Associates or Dr. Evans/Dr. Stedman as a result of voting on the ASA application. After the 2045 Bethel Road and 1907 Berks Road properties were approved for inclusion in the Township's ASA, Dr. Evans decided not to further pursue preservation of those properties. Dr. Evans made payments to Caughlan for legal work that she performed for Bethel Road Associates and Dr. Evans/Dr. Stedman between November 1, 2016, and March 31, 2017. Caughlan did not perform any other legal work for Bethel Road Associates or Dr. Evans/Dr. Stedman. 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 technical violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Susan Caughlan, as a Supervisor for Worcester Township, Montgomery County, participating in discussions and actions of the Board of Supervisors regarding property owners' application for designation inclusion within the Township's Agricultural Security Area, at a time when she was providing legal representation to the same applicant(s). Caughlan, 19-022 Page 10 4. Ms. Caughlan agrees to make payment in the amount of $1,000.00 in settlement of this matter payable as follows: a. $800.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. b. $200.00 which represents a portion of the expenses and costs incurred by the State Ethics Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. Ms. Caughlan agrees to not accept any reimbursement, compensation or other payment from the Worcester Township, Montgomery County representing a full or partial reimbursement of the amount paid in settlement of this matter. 6. 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 accept the recommendation of the parties for a finding that a technical violation of Section 1103(a) of the Ethics Act occurred in relation to Caughlan, as a Township Supervisor, participating in discussions and actions of the Board of Supervisors regarding an application by property owners for inclusion within the Township's ASA, at a time when she was providing legal representation to the same applicants. In or around October 2016, Caughlan, in her private capacity as an attorney, began providing legal representation to the owners of the 2045 Bethel Road and 1907 Berks Road properties with regard to preserving the properties. Caughlan subsequently prepared an application to enroll the 2045 Bethel Road and 1907 Berks Road properties in the Township's ASA. Enrolling a property in an ASA protects a farm from new ordinances that would restrict normal farming operations or define farms as nuisances. A farm in an ASA also receives additional protection from eminent domain proceedings. Cau hg lan, 19-022 Page 11 Caughlan used the authority of her office as a Township Supervisor when, on April 19, 2017, she participated in a unanimous vote of the Board of Supervisors that approved Resolution 2017-09, which authorized adding the 2045 Bethel Road and 1907 Berks Road properties to the Township's ASA. Although the Stipulated Findings do not quantify the private pecuniary benefit realized by the property owners as a result of Caughlan's participation in the approval of their application to enroll the 2045 Bethel Road and 1907 Berks Road properties in the Township's ASA, in light of the Consent Agreement, it would appear that the parties are in agreement that such private pecuniary benefit was not de minimis. Based upon the above, we hold that Caughlan, as a Township Supervisor, technically violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to her participating in discussions and actions of the Board of Supervisors regarding an application by property owners for inclusion within the Township's ASA, at a time when she was providing legal representation to the same applicants. As part of the Consent Agreement, Caughlan has agreed to make payment in the amount of $800.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Caughlan has further agreed to make payment to this Commission in the amount of $200.00, representing a portion of the expenses and costs incurred by this Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. Caughlan has also agreed 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. 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, Caughlan is directed to make payment in the amount of $800.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Per the Consent Agreement of the parties, Caughlan is further directed to make payment to this Commission in the amount of $200.00, representing a portion of the expenses and costs incurred by this Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Caughlan 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. Caughlan, 19-022 Page 12 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 Worcester Township ("Township"), Montgomery County, Pennsylvania, from January 2010 until October 21, 2020, Respondent Susan Caughlan ("Caughlan") 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. Caughlan, as a Township Supervisor, technically violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to her participating in discussions and actions of the Township Board of Supervisors regarding an application by property owners for inclusion within the Township's Agricultural Security Area, at a time when she was providing legal representation to the same applicants. In Re: Susan Caughlan, File Docket: 19-022 Respondent Date Decided: 3/29/21 Date Mailed: 411121 ORDER NO. 1784 Susan Caughlan ("Caughlan"), as a Supervisor for Worcester Township ("Township"), Montgomery County, Pennsylvania, technically violated Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), in relation to her participating in discussions and actions of the Township Board of Supervisors regarding an application by property owners for inclusion within the Township's Agricultural Security Area, at a time when she was providing legal representation to the same applicants. 2. Per the Consent Agreement of the parties, Caughlan is directed to make payment in the amount of $800.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30`h) day after the mailing date of this Order. M 5. Per the Consent Agreement of the parties, Caughlan is further directed to make payment to the Pennsylvania State Ethics Commission in the amount of $200.00, representing a portion of the expenses and costs incurred by this Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable to the Pennsylvania State Ethics Commission by no later than the thirtieth (301h) day after the mailing date of this Order. Caughlan 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. Compliance with paragraphs 2, 3, and 4 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, G�J Nicholas A. Colafella, hair