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HomeMy WebLinkAbout1785 BarlowPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 In Re: Walter M. Barlow, Respondent STATE ETHICS COMMISSION FINANCE BUILDING IN " A11"11 01"I I&M-41111 Egavc4mullmly'lurArks 0 11 File Docket: -ref; Date Date Decided: Date Mailed: FAG SIME: 717-787-0806 WEBSITE: www.etlilos,pa.gov 20-012 Order No. 1785 3/29/21 4/1/21 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Rop,cr 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 §%, 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. That Walter Barlow, a public official/public employee in his capacity as a Supervisor for Liberty Township, Adams County, violated Sections 1103(a), 1104(a), 1104(d), and 1105(b)(5) of the State Ethics Act (Act 93 of 1998) when he utilized the authority of his public position for the private pecuniary benefit of himself and/or a member of his immediate family by participating in actions and discussions of the Board of Supervisors, resulting in a pay increase for his son; and when he failed to file a 2017 calendar year Statement of Financial Interests, and failed to make any disclosure as to sources of income for Statements of Financial Interests filed for the 2016 and 2018 calendar year(s). 11. FINDINGS: Walter Barlow ("Barlow") has served as Supervisor for, Liberty Township ("Township"), Adams County, Pennsylvania, since January 4, 2016. a. As a Supervisor, Barlow is, in part responsible for the general governance of the Township and the execution of legislative, executive, and administrative powers in Barlow, 20-012 Page 2 order to ensure sound fiscal management of the Township. b. Barlow was appointed as the Chairman of the Township Board of Supervisors (`Board of Supervisors") during the January 6, 2020, Township Reorganization Meeting. C. Barlow was reappointed as the Chairman of the Board of Supervisors during the January 4, 2021, Township Reorganization Meeting. d. Barlow received yearly gross compensation of $1,200.00 for his service as a Township Supervisor. 2. The Township is governed by a three -Member Board of Supervisors. a, The Board of Supervisors holds meetings on the first Tuesday of each month at 7:00 p.m. and a Reorganization Meeting the first Monday of the calendar year. 3. Barlow was employed at the Township as a part-time roadworkerfrom January 5, 2015, until his promotion to interim Roadmaster on January 6, 2020. a. Barlow completed various road maintenance projects within the Townshipunder the direction of Township Roadmaster Brian Arentz ("Arentz"), until Arentz's resignation on January 1, 2020. b. Barlow was appointed interim Roadmaster during a Reorganization Meeting on January 6, 2020. 4. Devin Barlow is the son of Barlow and is a member of Barlow's immediate family. 5. Devin Barlow was first hired by the Township in the spring of 2015 as a seasonal roadworker. a. Barlow was not a Township Supervisor in 2015 when his son began employment with the Township. b. Devin Barlow's hourly rate for the 2015 season was $10.00 per hour. C. Devin Barlow initially worked for the Township as a seasonal roadworker from June 2015 through August 2015. 6. Seasonal roadworkers for the Township perform general road maintenance work such as mowing and assisting on road repairs. a. Seasonal roadworkers were allotted approximately twenty (20) hours per week. b. Seasonal roadworkers were also required to be available during emergencies such Barlow, 20-012 Page 3 as storms and/or floods. 7. The following are the job requirements for Township part-time seasonal roadworkers: a. Class B Pennsylvania Driver's License. b. Ability to lift a minimum of 50 pounds. C. Knowledge of operating, maintaining, and repairing equipment. 8. Prior to hiring a Township employee, the position is publicly advertised. a. Applications are accepted and screened by the Board of Supervisors. b. A candidate is presented to the Board of Supervisors during a public meeting. C. An official vote is taken by the Board of Supervisors to authorize the hiring of the candidate with the Township. 9. Pay raises and hourly increases for Township employees occur during Township Reorganization Meetings held each January. 10. Each November, the Board of Supervisors meets to approve the budget for the following calendar year. a. The Township has a line -item budget where fiends are allocated per department, including the Township Roads Department. 11. Payroll for Township employees is approved at monthly meetings of the Board of Supervisors. a. The Township Secretary presents payroll checks to theBoard of Supervisors during the monthly meetings. b. Township employee payroll checks require two signatures, oneof which must be that of a Township Supervisor. C. Signatures are handwritten and are not a facsimile stamp. d. Township Supervisors sign payroll checks on a rotational basis. THE FOLLOWING FINDINGS RELATE TO THE HIRING OF DEVIN BARLOW AS A PART-TIME SEASONAL ROADWORKER IN CALENDAR YEAR 2016. 12. During the November 4, 2015, Board of Supervisors meeting, the Board of Supervisors approved the 2016 calendar year Township budget. Barlow, 20-012 Page 4 a. The 2016 budget was approved prior to Barlow beginning his first terra as a Township Supervisor on January 4, 2016. 13. The approved 2016 budget allocated $3,600.00 for line -item "seasonal road workers" in the Township Roads Department. 14. During a March 1, 2016, Board of Supervisors meeting, Barlow discussed rehiring part- time roadworkers for the spring/summer 2016 season. a. Meeting minutes for March 1, 2016, record the following: "Roadmaster [Brian Arentz] Report: The bridge on old Waynesboro Pike will be tar and chipped with an epoxy to be painted on under the bridge. [Mr. Barlow] stated he would like the part-timers to return this Spring and feels this would be a good job for them. Mr. Bostek agreed to bring them back as long as they do not exceed the budgeted limit." b. No action was taken concerning the comments of Barlow or Township Supervisor John Bostek ("Bostek") at the time. 15. During a staff meeting on March 22, 2016, attended by Township Supervisors Bostek, Barlow, and Robert Jackson ("Jackson"), Arentz discussed the potential road project and inquired whether the Township could hire part-time help for the summer. a. Jackson commented that he thought it would be a good idea to bring back the same helpers, meaning Christopher Woodward and Devin Barlow, from summer 2015, which prompted Arentz to comment that he was going to contact them. b. 1n April 2016, Township Secretary LeeEsta Shaffer ("Shaffer") advertised the part- time seasonal roadworker position with the Township in the Gettysburg Times for five consecutive days as follows: "Liberty Township has a fart -Time position open in its Road Maintenance Department. Applicant will be expected to work 20 hours per week and be available for call in during emergencies such as snow, storms and floods. Must hold a valid Pennsylvania Driver's License with a Class B or be able to obtain one within one year. Must be able to lift a minimum of 50 lbs. with ease, have some knowledge of operating, maintaining and repairing equipment. Apply in person Monday -Thursday 8am-4pm; 39 Topper Road; Fairfield, PA 17320 or send resume to tw .secretai 2comcast.net" Barlow, 20-012 Page 5 C. There was no official action taken by the Board of Supervisors to hire part-time roadworkers for the 2016 season or to solicit or review applications for the position. d. Shaffer placed the advertisement absent any direction from the Board of Supervisors. e. The same advertisement had been used to solicit part-time seasonal road labor since 2014. f. The Board of Supervisors presumed application screening and interviews would be conductedby the Roadmaster. g. No one responded or expressed an interest to any Township employee or official in the position which had been advertised for five days. 16. During a staff meeting on March 22, 2016 attended by Bostek, Barlow, and Jackson, the Township Supervisors discussed hiring potential summer help. a. Jackson inquired if Arentz had contacted the seasonal workers. In response Arentz advised that he had but was not certain whether the 2015 workers would come back since Woodward had been living in Utah and was offered a better job and the opportunity to remain in Utah, and Devin Barlow would let Arentz know if he would return. b. Jackson questioned Arentz why they were not returning to which Arentz advised these individuals had other jobs that would pay better than $10.00 per hour. C. Jackson then commented that the Township should consider raising the wage for summer help. d. Barlow reported that Sheetz was paying $11.75 to $14.00 per hour for seasonal help. Jackson agreed with that report and commented that the Township could use the help again which was useful last summer. 17. On May 3, 2016, the Board of Supervisors conducted a regular public meeting in which the potential hiring of summer help was discussed again. a. At the time of this meeting, Devin Barlow had not revealed to Barlow whether Devin would be dropping a summer course at Penn State University -Altoona Campus. b. Barlow was aware that Arentz had contacted Devin Barlow about possibly returning as a summer employee for 2016. C. At the time of the meeting, Barlow had no knowledge or assurance that Devin Barlow, 20-012 Page 6 Barlow would become reemployed by the Township, which arrangements were left entirely to be resolved by Arentz and Devin Barlow. 18. Devin Barlow's first day of work at the Township was May 16, 2016. 19. In 2016, the Township employed a second seasonal roadworker, Dillon Bartles ("Bartles"). a. Bartles also started employment on May 16, 2016. 20. Township records confirm that there was no vote or official action of the Board of Supervisors to approve the individuals ultimately hired as part-time seasonal roadworkers. 21. During an August 13, 2020, investigative interview, Arentz stated the following: a. Barlow, as a Township Supervisor, independently screened applicants for the seasonal roadworker positions. b. Barlow, as a Township Supervisor, independently conducted interviews for the seasonal roadworker positions. C. As a Township Supervisor, Barlow independently approved the hiring of two part- time roadworkers, including his son, Devin Barlow, and Bartles, for the 2016 season. l . There was no official action or discussion by the Board of Supervisors to approve the hiring of Devin Barlow or Bartles. 2. There was no formal or informal input provided by the Township Supervisors to approve the hiring of Devin Barlow or Bartles. 3. Arentz reported that he did not provide any input or approval with regard to the hiring of Devin Barlow or Bartles. 22. The statements of Arentz given on August 13, 2020, are inconsistent with the following statements of Bartles. a. Bartles was interviewed by Arentz and not Barlow or anyone else. b. Arentz participated in the hiring process and candidate selection for the 2016 seasonal part-time roadworkers. C. As Township Roadmaster, Arentz had oversight of the Township Roads Department and was tasked with and responsible for recommending hires and payrates for employees in the Township Roads Department. Barlow, 20-012 Page 7 THE FOLLOWING FINDINGS ARE RELATED TO ALLEGATIONS THAT BARLOW MOTIONED AND VOTED FOR A PAY INCREASE SPECIFIC TO HIS SON, DEVIN BARLOW. 23. During the May 3, 2016, Board of Supervisors meeting, Barlow made a motion to increase the rate of pay for seasonal roadworkers from $10.00 per hour to $15.00 per hour. a. Meeting minutes from May 3, 2016, record the following: "Mr. Barlow would like to bring back the part time help starting in May to continue through August witha pay increase to $15.00 per hour. Mr. Barlow made a motion to increase part time wages to $15.00 per hour, seconded by Mr. Jackson and passed unanimously." b. Barlow's motion to increase the rate of pay occurred thirteen days prior to his son returning to the Township as a seasonal roadworker on May 16, 2016. C. At the time Barlow motioned and voted to increase the rate of pay for seasonal roadworkers, he knew that his son, Devin Barlow, was on the list of persons who could be hired as a seasonal roadworker for 2016. 24. Statements given during investigative interviews with Jackson and Bostek indicated that there was no discussion regarding a rate of pay increase for seasonal roadworkers prior to Barlow's motion on May 3, 2016. a. Jackson and Bostek stated that they did not know that Barlow's son, Devin Barlow, was an applicant/employee of the Township Roads Department at the time of the vote for the rate of pay increase. 25. Following Barlow's motion to increase seasonal roadworker compensation during the May 3, 2016, Board of Supervisors meeting, Bostek made a motion to decrease the $15.00 per hour seasonal roadworker wage back to $10.00 an hour. a. Bostek made the motion to rescind the pay increase since the 2016 budget was approved for the workers to receive $10.00 per hour. Barlow did not participate in setting the 2016 budget, as he was not a Township Supervisor at the time. b. Meeting minutes from May 3, 2016, record the following: "Mr. Bostek asked Mr. Barlow about the increase to $15.00 per hour and stated the budget was approved for $10.00 and is not willing to go over the budget. Mr. Bostek made a motion to decrease the $15.00 per hour back to $10.00. There was no second, motion dies. Mr. Jackson stated he agrees with the $15.00 increase, and that there is plenty money. Solicitor [John] Phillips stated since there is no mention of changing the budget, you are required to stay within the budgeted amounts. Mr. Bostek stated he will approve the increase as long as the road crew holds within its budget." Barlow, 20-012 Page 8 26. During an investigative interview on April 16, 2020, Township Solicitor John Phillips ("Phillips") confirmed that he never issued Barlow advice pertaining to the hiring of his son and/or the increase in pay for seasonal roadworkers motion and vote by Barlow. a. Phillips was never made aware that Barlow's son, Devin Barlow, was an employee of the Township. b. Phillips stated that if he had known Barlow's son was a candidate/employee at the time of the motion, he would have required public disclosure prior to the vote for a pay increase. 27. During the May 3, 2016, meeting, Barlow did not advise the Board of Supervisors of his intent to make a motion for an increase in pay to $15.00 per hour for seasonal roadworkers. a. During the meeting, there was no preliminary discussion by the Board of Supervisors of such motion prior to the motion to increase the rate of pay. b. Jackson and Bostek stated they were not aware that Barlow intended to motion to increase the rate of pay for the seasonal roadworkers at the May 3, 2016, meeting. C. Arentz reported that he did not provide any input or approval during the meeting regarding the increase in rate of pay. 28. Barlow's motion to increase the rate of pay for seasonal roadworkers did not adhere to the 2016 calendar year budget that was approved on November 4, 2015, which allocated $3,600.00 in total for seasonal roadworkers. a. Devin Barlow received $3,885.00 in gross compensation for the 2016 season, b. Bartles received $3,510.01 in gross compensation for the 2016 season. C. Total seasonal roadworker compensation for 2016 was $7,395.01. 1. The total part-time seasonal roadworker compensation exceeded the 2016 budgeted amount by $3,795.01. 29. Bartles performed the same work duties, had the same job responsibilities, and held the same position title as Devin Barlow. a. Bartles was compensated at a rate of $13.50 per hour for the 2016 season. 1. Bartles' rate of pay was $1.50 less than Devin Barlow's rate of pay. b. Devin Barlow was paid at the rate set by the Board of Supervisors. Barlow, 20-012 Page 9 30. After being hired, Arentz informed Bartles that his hourly rate would be less than the hourly rate paid to Devin Barlow because Devin Barlow had more experience than Bartles due to having worked for the Township in the same capacity during 2015. a. According to Bartles, the difference in pay seemed reasonable and he was agreeable to that amount at the time. 31. As Roadmaster, Arentz submitted individual employee timecards and collective Township Roads Department timesheets to the Township Secretary for payroll approval. a. Payroll for Township employees is approved at monthly Board of Supervisors meetings. b. The Township Secretary presents payroll checks to the Board of Supervisors during the monthly meetings. C. Township employee payroll checks require two signatures, one of which must be that of a Township Supervisor. d. Signatures are handwritten and are not a facsimile stamp. e. Supervisors sign payroll checks on a rotational basis. 32. Township Roads Department timesheets confirm that Devin Barlow worked a total of 259 hours and Bartles worked 260 hours for the 2016 season. a. Devin Barlow worked as a seasonal roadworker with the Township from May 16, 2016, through August 17, 2016. b. Bartles was employed with the Township as seasonal roadworker from May 16, 2016, through August 16, 2016. 33. W-2 wage and tax forms issued by the Township record the following: a. Devin Barlow received $3,885.00 in total gross compensation for the 2016 calendar year. b. Bartles received a total of $3,510.01 in gross compensation for the 2016 calendar year. C. Devin Barlow received $374.99 more in gross compensation than Bartles received in calendar year 2016. d. THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT BARLOW FAILED TO FILE AND/OR FILED DEFICIENT STATEMENT OF FINANCIAL INTERESTS FORMS FOR THE 2016 THROUGH 2O18 CALENDAR YEARS. Barlow, 20-012 Page 10 34. Barlow, in his official capacity as a Township Supervisor, was annually required to complete a Statement of Financial Interests form by May t" reporting financial interests for the prior calendar year. a. Barlow's term as a Township Supervisor began on January 4, 2016. 35. A compliance review was conducted on April 16, 2020, of the Statement of Financial Interests forms filed with the Township. a. Statements of Financial Interests on file for Barlow were as follows: 1. Calendar Year: 2016 Dated: 1/10/2017 on form SEC-1 REV. 01/17 Box 06 (relating to occupation or profession) says Barlow was a "working supervisor" Direct/Indirect Sources of Income (Box 10): no response recorded 2. Calendar Year: 2017 No forms found on file with the Township 3. Calendar Year: 2018 Dated: 1/31/2019 on form SEC-1 REV. 01/18 Direct/Indirect Sources of Income (Box 10): no response recorded 36. The Statements of Financial Interests Barlow had on file with the Township contained the following reporting deficiencies: a. Statement of Financial Interests dated January 10, 2017 (intended for 2016 calendar year): Box 10 no response. 1. At a minimum, Barlow had unreported income in excess of $1,300 from the Township during 2016. b. Statement of Financial Interests dated January 31, 2019 (intended for 2018 calendar year): Box 10 no response. 1. At a minimum, Barlow had unreported income in excess of $1,300 from the Township during 2018. Barlow, 20-012 Page I I 37. The Statement of Financial Interests compliance review confirmed that a 2017 calendar year Statement of Financial Interests was not on file at the Township. a. After multiple attempts, the Township could not locate or produce a copy of Barlow's 2017 calendar year filing. b. On July 30, 2020, Barlow provided a copy of a purported filing for the 2017 calendar year during an interview with Commission Investigators. The purported 2017 filing was stamped "received" but contained no received date. 2. Other filings provided by the Township contained a handwritten date next to the "received" stamp. 38. W-2 Wage and Tax Statements on file with the Township report Barlow received the following gross compensation the 2016 through 2018 calendar years: a. 2016: $17,045.88 -Labor wages $1,200.00 - Supervisor pay b. 2017: $2,645.91 - Labor wages $1,200.00 - Supervisor pay c. 2018: $417.57 - Labor wages $1,200.00 - Supervisor pay 39. Barlow mistakenly failed to disclose income of $1,300.00 or more received from the Township on Statements of Financial Interests filed for calendar years 2016 and 2018. 111. DISCUSSION: As a Supervisor for Liberty Township ("Township"), Adams County, Pennsylvania, since January 4, 2016, Respondent Walter M. Barlow, also referred to herein as "Respondent," "Respondent Barlow," and "Barlow," has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa, C.S. § 1101 et seq. The allegations are that Barlow violated Sections 1103(a), 1104(a), 1104(d), and 1105(b)(5) of the Ethics Act when he utilized the authority of his public position for the private pecuniary benefit of himself and/or a member of his immediate family by participating in actions and discussions of the Township Board of Supervisors ("Board of Supervisors"), resulting in a pay Barlow, 20-012 Page 12 increase for his son; and when he failed to file a 2017 calendar year Statement of Financial Interests ("SFI"), and failed to make any disclosure as to sources of income on SFIs filed for the 2016 and 2018 calendar years. Per the Consent Agreement, the Investigative Division has exercised its prosecutorial discretion to nolle pros the allegation under Section 1104(d) of the Ethics Act. We therefore need not address that particular allegation. 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. A son is a member of "immediate family" as the Ethics Act defines that term. 65 Pa.C.S. § 1102. Barlow, 20-012 Page 13 Section I I04(a) of the Ethics Act provides that each public official/public employee must file an SFI for the preceding calendar year, each year that he holds the position and the year after he leaves it. 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. Subject to certain statutory exceptions, Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the SFI the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. 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 governed by a three -Member Board of Supervisors. Barlow has served as a Township Supervisor since January 4, 2016. Barlow was appointed as Chairman of the Board of Supervisors during the January 6, 2020, Township Reorganization Meeting, and he was reappointed as Chairman during the January 4, 2021, Township Reorganization Meeting. Barlow receives yearly gross compensation of $1,200.00 for his service as a Township Supervisor. Barlow was employed by the Township as a part-time roadworker from January 5, 2015, until January 6, 2020, when he was appointed interim Roadmaster. Devin Barlow, who is Barlow's son, was first hired by the Township in the spring of 2015. Devin Barlow worked for the Township as a seasonal roadworker from .Tune 2015 through August 2015, and he was paid $10.00 per hour. Seasonal roadworkers for the Township perform general road maintenance work for approximately twenty hours per week. During a staff meeting on March 22, 2016, Township Roadmaster Brian Arentz ("Arentz") and Township Supervisors Barlow, John Bostek ("Bostek"), and Robert Jackson ("Jackson") discussed a potential road project and whether the Township could hire part-time help for the summer. Jackson thought it would be a good idea to bring back the same helpers from the summer of 2015, meaning Christopher Woodward ("Woodward") and Devin Barlow, which prompted Arentz to comment that he would contact them. During a subsequent staff meeting, Arentz advised that he had contacted Woodward and Devin Barlow, but he was not certain whether they would return in 2016 as they had other summer jobs that would pay better than $10.00 per hour. Jackson then commented that the Township should consider raising the wage for summer help. At a public meeting held on May 3, 2016, the Board of Supervisors discussed the potential hiring of summer help. At the time of the meeting, Barlow was aware that Arentz had contacted Devin Barlow about returning as a summer employee for 2016. Arrangements regarding Devin Barlow's potential Township employment for 2016 were left to be resolved entirely by Arentz and Devin Barlow. During the May 3, 2016, meeting of the Board of Supervisors, Barlow made a motion to increase the rate of pay for seasonal roadworkers from $10.00 per hour to $15.00 per hour. Barlow Barlow, 20-012 Page 14 had not advised the Board of Supervisors of his intent to make a motion to increase the rate of pay for seasonal roadworkers to $15.00 per hour. Barlow's motion was seconded by Jackson and approved by a unanimous vote of the Board of Supervisors. When Barlow motioned and voted to increase the rate of pay for seasonal roadworkers, he knew that his son could be hired as a seasonal roadworker for 2016. After the Township Supervisors voted to increase the rate of pay for seasonal roadworkers to $15.00 per hour, Bostek made a motion to rescind the pay increase because the Township budget for 2016, which had been approved before Barlow began serving as a Township Supervisor, provided for a pay rate of $10.00 per hour for seasonal roadworkers. Bostek's motion died for lack of a second. On May 16, 2016, Devin Barlow and Dillon Bartles ("Bartles") began employment as part- time seasonal roadworkers for the Township. Township records confirm that there was no vote or official action of the Board of Supervisors to approve the hiring of Devin Barlow and Bartles as part-time seasonal roadworkers. After Bartles was hired, he was informed by Arentz that his hourly rate of pay would be less than Devin Barlow's hourly rate of pay because Devin Barlow had more experience as a result of working for the Township in the same capacity in 2015. Although Devin Barlow and Bartles held the same position title of seasonal roadworker, had the same job responsibilities, and performed the same work duties, Devin Barlow was paid $15.00 per hour and Bartles was paid $13.50 per hour in 2016. Devin Barlow received $3,885.00 in total gross compensation from the Township for working 259 hours as a seasonal roadworker in 2016. Bartles received $3,510.01 in total gross compensation from the Township for working 260 hours as a seasonal roadworker in 2016. Although Devin Barlow and Bartles worked almost the same number of hours as seasonal roadworkers, Devin Barlow received $374.99 more in total gross compensation from the Township than Bartles received from the Township. As for Barlow's SFIs, on April 16, 2020, an SFI compliance review was conducted for the Township. Barlow's SFIs for calendar years 2016 and 2018 were on file with the Township. The parties have stipulated that Barlow, who received compensation from the Township as both a Township employee and a Township Supervisor, mistakenly failed to disclose the Township as a source of income in excess of $1,300.00 on his SFIs for calendar years 2016 and 2018. After multiple attempts, the Township could not locate or produce a copy of Barlow's SFI for calendar year 2017. On July 30, 2020, Barlow provided a copy of a purported SFI filing for the 2017 calendar year during an interview with Commission Investigators. The purported SFI filing for calendar year 2017 was stamped "received" but contained no received date. Other filings provided by the Township contained a handwritten date next to the "received" stamp. 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: Barlow, 20-012 Page 15 The Investigative Division will recommend the following in relation to the above allegations: a. That no violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Barlow participating in actions and discussions of the Board of Supervisors, resulting in a pay increase for his son, in that any gain that was exclusive of a class/subclass pay increase, was de minimis. b. That no violation of Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Barlow failed to maintain a 2017 calendar year Statement of Financial Interests filed with the Township, but was able to produce a copy of what he asserts was a completed 2017 Statement of Financial Interests. C. That a violation of Section 1105(b)(5) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Barlow failed to make complete disclosures as to sources of income for Statements of Financial Interests filed for the 2016 and 2018 calendar year(s). d. That no action will be undertaken pursuant to Section 1104(d) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(d). 4. Respondent agrees to make a payment of $500.00, reflective of a civil penalty, at the rate of Twenty -Five Dollars ($25.00) per day for each day Respondent's Statements of Financial Interests for calendar years 2016 and 2018 have remained deficient, for a total civil penalty of Five Hundred Dollars ($500.00). a. Respondent agrees to pay the said civil penalty in the total amount of $500.00 within 30 days of the issuance of this Order, by forwarding a check to this Commission payable to the Commonwealth of Pennsylvania for deposit in the State Treasury. Barlow agrees to file complete and accurate amended Statements of Financial Interests with Liberty Township, Adams County, through the Pennsylvania State Ethics Commission, for calendar years 2016, 2017, and 2018 within thirty (30) days of the issuance of the final Barlow, 20-012 Page 16 adjudication in this matter. 6. Barlow agrees to not accept any reimbursement, compensation or other payment from Liberty Township, Adams County, 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 accept the recommendation of the parties for a finding that Barlow did not violate Section 1 I03(a) of the Ethics Act in relation to his participating in actions and discussions of the Board of Supervisors resulting in a pay increase for his son, in that any gain that was exclusive of a class/subclass pay increase was de minimis. Barlow used the authority of his public office as a Township Supervisor when, on May 3, 2016, he made a motion and participated in a unanimous vote of the Board of Supervisors to increase the rate of pay for seasonal roadworkers from $10.00 per hour to $15.00 per hour. Although the pay increase was for a subclass that included Barlow's son, Devin Barlow, and Bartles, both of whom were employed with the Township as seasonal roadworkers for 2016, the pay increase was not uniformly applied to the subclass. Instead, Devin Barlow was paid $15.00 per hour and Bartles was paid $13.50 per hour for working for the Township. As a result of the unequal application of the pay increase to the subclass of Township seasonal roadworkers, Devin Barlow received $374.99 more in total gross compensation from the Township than Bartles received from the Township even though they worked almost the same number of hours. Per the Consent Agreement, the parties are in agreement that the excess compensation received by Devin Barlow as a result of the unequal application of the pay increase to the subclass of Township seasonal roadworkers was de minimis. We hold that Barlow did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his participating in actions and discussions of the Board of Supervisors resulting in a pay increase for his son, in that any gain that was exclusive of a class/subclass pay increase was de minimis. We accept the recommendation of the parties, and we hold, that no violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Barlow failed to maintain a 2017 calendar year SFI filed with the Township, but was able to produce a copy of what he asserts was a completed 2017 calendar year SFI. Barlow, 20-012 Page 17 We agree with the parties, and we hold, that a violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Barlow failed to make complete disclosures as to sources of income on SFIs filed for the 2016 and 2018 calendar years. As part of the Consent Agreement, Barlow has agreed to make payment in the total amount of $500.00—representing a civil penalty for the deficient SFIs for calendar years 2016 and 2018—within thirty (30) days of the issuance of the final adjudication in this matter by forwarding a check to this Commission made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. Barlow 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. Barlow has agreed to file complete and accurate amended SFIs for calendar years 2016, 2017, and 2018 with the Township, through this Commission, within thirty (30) days of the issuance of the final adjudication in this matter. We agree that the aforesaid recommendations are appropriate, including the recommendation that Barlow file complete and accurate amended SFIs for calendar years 2016, 2017, and 2018 notwithstanding the recommendation of the parties for a finding of no violation as to the Section I I04(a) allegation regarding Barlow's SFI for calendar year 2017. Accordingly, per the Consent Agreement of the parties, Barlow is directed to make payment in the total amount of $500.00 by no later than the thirtieth (30t") day after the mailing date of this adjudication and Order, by forwarding a check to this Commission made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. Barlow 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, Barlow is directed to file complete and accurate amended SFIs for calendar years 2016, 2017, and 2018 with the Township, through this Commission, by no later than the thirtieth (301") 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 Liberty Township ("Township"), Adams County, Pennsylvania, since January 4, 2016, Respondent Walter M. Barlow ("Barlow") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. Barlow, 20-012 Page 18 2. Barlow did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his participating in actions and discussions of the Township Board of Supervisors resulting in a pay increase for his son, in that any gain that was exclusive of a class/subclass pay increase was de minimis. 3. No violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Barlow failed to maintain a 2017 calendar year Statement of Financial Interests filed with the Township, but was able to produce a copy of what he asserts was a completed 2017 calendar year Statement of Financial Interests. 4. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Barlow failed to make complete disclosures as to sources of income on Statements of Financial Interests filed for the 2016 and 2018 calendar years. In Re: Walter M. Barlow, File Docket: 20-012 Respondent Date Decided: 3/29/21 Date Mailed: 4/l/21 ORDER NO. 1785 Walter M. Barlow ("Barlow"), as a Supervisor for Liberty Township ("Township"), Adams County, Pennsylvania, did not violate Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), in relation to his participating in actions and discussions of the Township Board of Supervisors resulting in a pay increase for his son, in that any gain that was exclusive of a class/subclass pay increase was de minimis. 2. No violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Barlow failed to maintain a 2017 calendar year Statement of Financial Interests filed with the Township, but was able to produce a copy of what he asserts was a completed 2017 calendar year Statement of Financial Interests. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Barlow failed to make complete disclosures as to sources of income on Statements of Financial Interests filed for the 2016 and 2018 calendar years. 4. Per the Consent Agreement of the parties, Barlow is directed to make payment in the total amount of $500.00 by no later than the thirtieth (30"') day after the mailing date of this Order, by forwarding a check to the Pennsylvania State Ethics Commission made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. 5. Per the Consent Agreement of the parties, Barlow 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. 6. To the extent he has not already done so, Barlow is directed to file complete and accurate 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 (30th) day after the mailing date of this Order. 7. Compliance with Paragraphs 4, 5, and 6 of this Order will result in the closing of this case with no further action by this Commission. a. Non-compliance will result in the institution of an order enforcement action. BK THE COMMISSION, Nicholas A. Colafella, . air