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In Re: Edwin Schneider,
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20-017
Order No. 1794
9/14/21
9/16/21
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. § 11.01 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 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.
I. ALLEGATIONS:
That Edwin Schneider, a public official/public employee in his capacity as the Chief of
Police of the West Manheim Township Police Department, York County, violated Sections
I I 03(a) and 11 05(b)(5) of the State Ethics Act (Act 93 of 1998) when he utilized the authority of
his office for the private pecuniary benefit of himself and/or a member of his immediate family by
directing, influencing, and/or participating in the selection process for the hiring of a police officer,
which resulted in his son being hired as a patrolman for the West Manheim Township Police
Department; and when he failed to identify West Manheim Township as a source of income upon
a Statement of Financial Interests filed for the 2018 calendar year.
11. FINDINGS-
1 Edwin J. Schneider ("Schneider") has served as the Chief of Police of West Manheim
Township ("Township"), York County, Pennsylvania since July 1, 2018,
a. Schneider has been employed with the Township Police Department since 1986,
Schneider, 20-017
Page 2
2. The Township Police Department consists of eleven employees, including one part-time
office assistant, seven patrol officers, two sergeants, and the Chief of Police.
3. The Township Police Department has an annual operating budget of one million dollars.
4. The Township Chief of Police reports directly to the Township Manager.
5. The following are identified as the duties and responsibilities of the Township Chief of
Police:
a. Plan, coordinate, supervise, and evaluate all Township Police Department
operations, policies, and procedures. Organize the Department for maximum
utilization of resources.
b. Develop and implement all policies and procedures for the Township Police
Department as mandated by law and the needs of the Department.
c. Plan, implement, and supervise an effective law enforcement program for the
Township to ensure public peace and safety.
d. Supervise all staff within the Township Police Department. Coordinate and
supervise the training, assignment, and development of subordinate police officers.
e. Promote employee relations, handle grievances, and maintain discipline and
appropriate conduct. Implement and coordinate internal investigations as
appropriate. Interact with labor unions as needed.
f. Direct the investigation of cringe scenes.
g. Direct the development and maintenance of systems, records, and legal documents
that provide the proper evaluations, control, and documentation of Township Police
Department operations.
h. Provide direct and/or indirect supervision to all personnel within the Township
Police Department. Supervisory responsibilities include interviewing and
selections, scheduling, counseling and discipline, and evaluating performance.
i. Prepare and submit periodic reports to the Township Manager and Township Board
of Supervisors regarding Township Police Department activities, as well as to
appropriate government agencies.
j. Assist in the preparation of annual budget for the Township Police Department.
Oversee the purchasing process and control expenditures.
Schneider, 20-017
Page 3
k. Analyze and recommend improvements to equipment, facilities, and operations as
needed. Review specifications for new or replacement equipment received from
Township Police Department staff.
Cooperate with county, state, and federal law enforcement agencies as required.
M. Maintain the public image of the Township Police Department through various
interactions with media, community groups, businesses, etc. Participate on various
committees within the Township and community.
n. Respond to emergencies as required.
o. Perform all duties of a police officer, to include working various shifts as required
and response to incidents as required while off duty. Remain available the majority
of the time for consultation with subordinate officers as necessary.
P. Participate in monthly Township meetings and other meetings as directed by the
appropriate authorities.
6. In addition to the foregoing, the following are also required of the Township Chief of
Police:
a. Thorough knowledge of modern law enforcement principles, procedures,
techniques, and equipment.
b. Thorough knowledge of all applicable laws, ordinances, and Township Police
Department rules and regulations.
C. Ability to maintain the ethics and integrity of the Township Police Department and
its operations.
d. Ability to manage conflict and stressful or crisis -oriented circumstances.
e. Knowledge of budgeting and related financial management practices.
f. Excellent organizational and multi -tasking skills.
g. Ability to communicate effectively, orally and in writing.
h. Excellent public relations, public speaking, negotiating and deescalating skills.
i. Ability to establish and maintain effective working relationships with employees,
supervisors, Township officials, other Township departments, outside agencies,
union officials, and the public.
Schneider, 20-017
Page 4
j. Skilled in the operation of computers and assigned software, including Microsoft
Office.
k. Skilled in the operation of all Township Police Department equipment.
1. Ability to supervise, guide, direct, and motivate employees.
In. Ability to maintain confidential information.
n. Must lead by example and possess impeccable integrity and demonstrate
professionalism on and off duty.
o. Knowledge of grant preparation and administration.
P. Thorough knowledge of community policing.
q. Knowledge of information technology.
r. Possession of a valid Commonwealth of Pennsylvania Driver's License.
S. Possession of Pennsylvania Act 120 certification, through the Municipal Police
Officers' Education and Training Commission ("MPOETC") and Pennsylvania
State Police Certification.
7. The Township is a Second Class Township governed by a five -Member Board of
Supervisors.
a. The Township Board of Supervisors ("Board of Supervisors") holds two legislative
sessions each month.
1. A work session meeting is held on the first Thursday of the month followed
by a regular meeting on the third Tuesday of the month.
b. Special meetings are held as necessary.
c. Voting at meetings of the Board of Supervisors occurs via a roll call vote after a
motion is made and properly seconded.
8. The Board of Supervisors votes to approve the hiring of all Township Police Department
personnel, including police officers, at the recommendation of the Township Chief of
Police.
9. On March 22, 2018, the Township posted an opening for Township Chief of Police after
then Township Chief of Police Timothy Hippensteel ("Hippensteel") announced his
retirement effective July 1, 2018.
Schneider, 20-017
Page 5
10. After the March 22, 2018, Township Chief of Police vacancy posting by the Township,
Schneider submitted his application to the Township.
a. Schneider held the rank of patrolman at the time he applied for the Township Chief
of Police position.
11. On June 29, 2018, the Board of Supervisors held a special meeting to adopt an employment
agreement with Schneider, promoting him to the position of Township Chief of Police.
a. Schneider was officially appointed as the Township Chief of Police after he
accepted the employment agreement as approved by the Board of Supervisors.
b. On July 1, 2018, Schneider began his service as the Township Chief of Police.
THE FOLLOWING FINDINGS PERTAIN TO SCHNEIDER'S USE OF HIS OFFICE TO
HIRE HIS SON AS A TOWNSHIP POLICE OFFICER IN DECEMBER 2018.
12. Derek Schneider is Schneider's son and a member of his immediate family.
13. Derek Schneider initially applied and interviewed for a vacant police officer position with
the Township in August 2014.
a. Schneider was not part of the hiring process to select a candidate in 2014.
14. Derek Schneider was interviewed twice for the vacancy in August 2014, along with five
other candidates.
a. Derek Schneider was interviewed by Township Police Sergeant Toby Wildasin
("Wildasin") and Hippensteel.
15. Following the interview process, Derek Schneider was not offered employment with the
Township Police Department in August 2014.
a. Shawn Ricketts ("Ricketts") and Randy Wagner ("Wagner") were hired as police
officers for the Township Police Department in October 2014.
16. Schneider was upset and disappointed that his son was not hired by the Township in 2014
but did not have the authority to alter the outcome.
a. Derek Schneider was ultimately hired by the Manchester, Maryland, Police
Department ("MPD") as a patrolman in October 2014.
b. Derek Schneider's starting salary with the MPD was $18.50 per hour or $38,480.00
per year.
Schneider, 20-017
Page 6
17. On August 3, 2018, one month after he was promoted to Township Chief of Police,
Schneider instructed Wildasin to obtain the list of names and contact information from the
2014 police officer candidate list.
a. Schneider was aware that his son, Derek Schneider, a candidate for hire in 2014,
was still on the 2014 candidate list.
b. The candidate list was four years old at the time of Schneider's request.
C. Municipalities are not required to hire from dated lists.
18. The following email was sent from Wildasin to Schneider on August 3, 2018, and details
the results of Wildasin's search:
a. "Chief, Per your request, I was unable to locate the last hire list generated from the
2014 employment process. To my knowledge, ex -Chief Hippensteel was the only
one to retain the original material. However, I was able to locate correspondence
between myself and ex -Manager Kevin Null regarding secondary interviews from
that hiring process, documenting the candidate names. To my recollection this
would be identical to the candidates that were not eliminated during the initial
screening process and given final consideration for employment. I do not believe
the names were ranked or listed in any specific order. That email chain is included
below. As a result, I've re-created a list of the final candidates' names with the
telephone number provided at the time.
"Candidate # 1" (HIRED)
"Candidate # 2" (HIRED)
"Candidate # 3" tele #XXX-XXX-XXXX
"Candidate # 4" tele #XXX-XXX-XXXX
"Candidate # 5" tele #XXX-XXX-XXXX
Derek Schneider tele #XXX-XXX-XXXX
19. Between August 2018 and October 2018, Schneider contacted Candidates #3, #4, and #5
and Derek Schneider to inquire if they were interested in reapplying with the Township
Police Department.
a. Candidate 93 informed Schneider that he was employed with another police
department and was not interested in reapplying with the Township Police
Department.
b. Candidate #4 informed Schneider that he was employed with another police
department and was not interested in reapplying with the Township Police
Department.
C. Candidate #5 informed Schneider that he was not interested in reapplying with the
Township Police Department.
Schneider, 20-017
Page 7
1. Candidate 45 was employed with another law enforcement agency when he
was contacted by Schneider.
20. The only 2014 candidate interested in reapplying with the Township Police Department
was Derek Schneider.
a. Ricketts and Wagner had already been hired and employed by the Township.
21. During an October 4, 2018, Board of Supervisors budget caucus meeting, Schneider
obtained approval to hire a Township police officer for the 2019 calendar year.
a. Schneider initiated the request to hire a patrolman to fill a vacancy created by his
promotion to Township Chief of Police.
b. Schneider recommended to the Board of Supervisors that the 2014 candidate list be
used to identify candidates to fill the vacancy.
c. Schneider informed the Board of Supervisors that he had already contacted four
candidates from the 2014 hiring list and only one candidate was interested in the
position, Derek Schneider.
d. After Schneider contacted candidates he identified, Schneider received
authorization from the Board of Supervisors to begin an application process with
Derek Schneider.
1. The candidates contacted by Schneider all declined to apply for the vacant
position for various reasons.
2. Schneider identified his son as a candidate prior to seeking approval to fill
the vacancy.
22. On November 1, 2018, Derek Schneider submitted an application for the police officer
vacancy with the Township.
a. Derek Schneider's application was the only application received by the Township.
1. Derek Schneider was contacted by Schneider, who invited him to submit an
application.
b. On his application, Derek Schneider listed his position with the MPD.
1. Derek Schneider's employment application reflects he began his
employment with the MPD in October 2014.
2. Derek Schneider listed his supervisor as MPD Chief John Hess ("Chief
Hess").
Schneider, 20-017
Page 8
3. Derek Schneider listed his duties as police duties, calls for service, and
investigations.
c. Prior to his employment with the MPD, Derek Schneider was employed with the
Gettysburg Police Department as a part-time police officer from March 2014 until
October 2014.
d. Derek Schneider was employed with the Township as a part-time roadworker from
April 2012 through May 2013.
1. Derek Schneider listed his duties with the Township as snow removal, grass
cutting, and road work.
e. Derek Schneider identified his education as a 2008 graduate of Southwestern High
School and a 2013 graduate of the Indiana University of Pennsylvania Police
Academy.
f. On his employment application, Derek Schneider's response to the question "How
did you learn about this position?" was "current employee."
I. The current employee was Schneider.
g. Derek Schneider listed his anticipated start date as January 1, 2019.
23. On November 12, 2018, Schneider ernailed members of the Township Police Department
to inform them that the Board of Supervisors had authorized the hiring of a new officer and
the promotion of an existing patrolman to sergeant.
a. Schneider directed Wildasin to obtain the 2014 candidate list 34 days after
assuming office as the Township Chief of Police.
b. Schneider acknowledged in the email that he reviewed the 2014 hiring process and
learned that the 2014 candidate list consisted of seven total candidates of which two
were hired and one was offered a position in 2014 but declined.
C. Schneider explained that four candidates remaining from the 2014 candidate list
included his son, Derek Schneider.
d. Schneider reported that Police Liaison Supervisors Jeremy Ault ("Ault") and
Harold Hartiaub ("Hartlaub") were informed that Derek Schneider was on the 2014
list and claimed that they had no issues with Derek Schneider continuing as a
candidate.
C. Schneider was fully aware that Derek Schneider would be the only candidate
considered for employment at the time he sent the email to members of the
Township Police Department.
Schneider, 20-017
Page 9
24. On November 13, 2018, one day after Schneider sent the email to members of the
Township Police Department, Derek Schneider was interviewed by Schneider and
Wildasin.
a. Wildasin was instructed by Schneider to write a memorandum detailing the
interview with Derek Schneider.
b. On November 14, 2018, Wildasin provided the following memorandum to
Schneider regarding the interview:
"On 11/13/18 at 1115 hours, I assisted you with interviewing applicant Derek
Schneider for the open patrolman position. At your request, I am providing the
following summary.
Derek arrived on time, in a suit, neatly groomed with a professional appearance and
greeting. He responded appropriately to a series of open-ended questions posed by
the interviewers. He formulated his answers using a common-sense approach with
a thoughtfulness indicative of empathy towards the public and a tactfulness
consistent with that required for law enforcement.
Having some four years of experience as a police officer, Derek provided
reasonable answers with sound judgement when given scenario questions. He
advised that he enjoys patrol work with an interest in traffic enforcement and
problem -solving during calls for service.
Derek was raised and currently lives in the township. He expressed a desire to work
and commit himself to a career in West Manheim. He stated that he was agreeable
to our contractual obligations to include scheduling, pay, and benefits. I believe he
meets the standards for the probationary patrolman position."
C. Derek Schneider was interviewed by Schneider and Wildasin, who were the only
two managerial personnel in the Township Police Department.
d. Schneider directed Wildasin to draft the memo regarding his son's interview in his
capacity as the Township Chief of Police.
25. Between November 2, 2018, and November 3, 2018, Schneider contacted his son's
employment references for the purpose of completing a background investigation.
a. Schneider initiated the background investigation for his son one day after he
submitted his employment application to the Township.
b. Schneider did not delegate the background investigation to another police officer,
despite the candidate being his son.
Schneider, 20-017
Page 10
C. Schneider initiated a background inquiry approximately ten days prior to his son's
interview and prior to any determination that his son would be selected for the
position.
26. On November 2, 2018, Schneider contacted MPD Corporal Frank Ebberts ("Ebberts")
telephonically for the purpose of completing a background interview.
a. Schneider first attempted to contact Chief Hess, who did not take Schneider's
telephone call. Schneider then contacted Ebberts instead of Chief Hess.
1. Chief Hess was listed on Derek Schneider's employment application as his
supervisor.
b. Ebberts had only been employed with the MPD for five months when he was
contacted by Schneider.
1. Ebberts had limited knowledge of Derek Schneider's performance as a
police officer, having only worked with him for five months.
C. Ebberts had submitted his resignation from the MPD and was on leave at the time
he was contacted by Schneider.
1. Ebberts last day with the MPD was November 9, 2018.
d. Ebberts did not have the authority to provide information regarding MPD personnel
for a background investigation.
e. The only member of the MPD authorized to provide personnel information was
Chief Hess.
f Schneider claimed that he interviewed Ebberts for twenty-five minutes.
1. Ebberts confirmed during an August 10, 2020, investigative interview that
Schneider asked very few questions.
2. Ebberts recalled the conversation with Schneider lasting approximately five
minutes.
g. Ebberts spoke to Schneider as a courtesy since Schneider was Derek Schneider's
father and a police officer.
h. Schneider maintains he had no knowledge of Ebberts' tenure or estimated departure
date with the MPD.
27. Schneider purported that he attempted to contact Chief Hess telephonically and that Chief
Hess failed to return his call.
Schneider, 20-017
Page 11
a. The Township is located 7.4 miles away from Manchester, Maryland.
b. Schneider made no attempt to travel to interview Chief Hess in person.
C. Schneider did not obtain or attempt to review Derek Schneider's personnel file from
the MPD during the background investigation.
d. Schneider obtained copies of training, education, and certifications that Derek
Schneider received while he was employed with the MPD directly from the
applicant, his son, who had lawful access to his records under Maryland law.
l . The copies provided to Schneider were not certified copies of training
records maintained by the MPD.
2. Chief Hess is the only member of the MPD who is authorized to release
personnel records, once he receives a notarized employment release form
provided to the MPD.
e. Chief Hess thoroughly informed Township Manager Marc Woerner ("Woerner")
during a phone interview that "relationships were not the best there," referencing
Derek Schneider's employment with the MPD.
f. Schneider maintains that the copies provided to him by the MPD were not required
to be certified per the rules promulgated by MPOETC. Schneider had no
knowledge of any policy at the MPD authorizing the release of personnel records.
28. Additionally, Schneider contacted the Gettysburg Police Department on November 3,
2018, while conducting the background investigation.
a. Schneider claimed that the administration at the time Derek Schneider was
employed with the Gettysburg Police Department from March 2014 until October
2014 had retired and no further information was available.
b. Schneider made no attempt to obtain or review his son's personnel file from the
Gettysburg Police Department as part of a background inquiry.
29. Schneider contacted Dewey Beach, Delaware, Police Sergeant Cliff Dempsy on November
3, 2018, during the background investigation.
a. Derek Schneider failed to list his employment with the Dewey Beach Police
Department on his employment application with the Township.
l . Schneider knew of Derek Schneider's employment with the Dewey Beach
Police Department due to Derek Schneider being his son.
b. Derek Schneider was employed as a "seasonal" police officer with the Dewey
Beach Police Department between May 2012 and October 2012.
Schneider, 20-0I7
Page 12
C. Schneider failed to obtain a copy of his son's personnel file from the Dewey Beach
Police Department during the background investigation.
30. Schneider contacted Township Roadrnaster Jeff Rummel ("Rummel") as part of the
background investigation for his son.
a. Although the investigation confirmed that Rummel is a personal friend of the
Schneiders, Rummel supervised Derek Schneider while he was previously
employed with the Township.
31. In addition to contacting his son's employers, Schneider participated in contacting Derek
Schneider's personal references listed on his employment application.
a. Schneider claimed he contacted officer Steve Gebhart with the Penn Township
Police Department, officer Joshua Rummel with the Southwestern Regional Police
Department, and Randy Brehm.
1. Penn Township and Southwestern Regional Police Department are both
adjacent jurisdictions to the Township, and as such, those officers would be
familiar with Schneider's position as Chief of Police of an adjoining
township/jurisdiction.
32. Schneider completed the entire background investigation for his son with the exception of
a criminal history check that was completed by Pfc. David Morris.
33. Schneider completed the preemployment background investigation on November 20, 2018,
less than three weeks after his son submitted his application to the Township.
34. On November 20, 2018, Schneider presented a memorandum to the Board of Supervisors,
officially recommending his son for hire with the Township Police Department.
a. Schneider acknowledged participating in interviewing his son in the memorandum.
b. Schneider also verified that he contacted Derek Schneider's employers, including
Ebberts of the MPD.
C. Schneider reported to the Board of Supervisors his son's qualifications in the
memorandum, including.
1. "Considerable training with Manchester Police Department to include
Tactical deployment, Active shooter, Domestic violence, Lethality
assessment, Accident investigation, Patrol procedures, DUI enforcement,
Laser and Radar certification, Firearms and First Aid/CPR certification,
Situational awareness, Interview/Interrogation techniques, Taser and OC
spray certification Also, it should be noted that Derek took it upon himself
Schneider, 20-017
Page 13
and paid for and passed the Pennsylvania Municipal Police partial waiver
of training for recertification in October 2018."
d. Schneider obtained information regarding the training and education that Derek
Schneider completed with the MPD from his son.
1. Schneider did not seek verification of the information provided by his son
through official channels or from Chief Hess.
2. Schneider did not have certified copies of any of his son's trainings or
qualifications and relied solely on information provided by his son.
3. As stated previously, Schneider maintains that the copies provided to him
by the MPD were not required to be certified per the rules promulgated by
MPOETC. Schneider had no knowledge of any policy at the MPD
authorizing the release of personnel records.
e. Schneider concluded the memorandum by officially recommending his son for hire
with the Township Police Department, as follows:
"After an interview conducted by myself and Sgt. Wildasin, a review of Derek's
work history, absence of any criminal or traffic concerns, results of extensive
background investigation/interviews, it is our opinion that he should be offered a
Contingent Offer of Employment with the understanding that the appointment is
fully contingent upon completion of physical examination and psychological
evaluation pursuant to standards set forth by the Municipal Police Officers
Education Commission, qualification with all equipment you will carry on duty to
include Glock 40 caliber handgun, Colt AR15 rifle, 12 gauge shotgun with less
lethal bean bag rounds, and "Taser" electro-muscular disruption (EMD) device. If
a fully contingent appointment is given, the appointment would be in a probationary
status for a period of at least one year the pay and benefits would be that as specified
in the collective bargaining agreement of an officer hired AFTER 01/01/2018,
between the West Manheim Police Association and West Manheim Township."
f. Schneider's signature is affixed to the memorandum recommending Derek
Schneider's hiring by the Township.
35. During the November 20, 2018, Board of Supervisors executive session meeting, the Board
of Supervisors ratified Schneider's recommendation to hire his son and to provide a
conditional offer of employment to Derek Schneider.
a. Township Solicitor Walter Tilley III ("Tilley") advised the Board of Supervisors to
conduct a second interview of Derek Schneider to make his hiring appear
"unbiased."
The recommendation was based on the fact that Derek Schneider is the child
and immediate family member of Schneider.
Schneider, 20-017
Page 14
b. The Board of Supervisors agreed to have Derek Schneider interviewed by Police
Liaison Supervisors Hartlaub and Ault and Township resident George Prager
("Prager"), a retired Maryland State Trooper.
1. The second interview of Derek Schneider was scheduled after he had
already received a contingent offer of employment.
C. There was no formal vote of the Board of Supervisors during the meeting.
36. On November 21, 2018, Derek Schneider was provided with a contingent offer of
employment as a probationary police officer with the Township by Schneider.
a. Derek Schneider received the contingent offer of employment before he was
interviewed by Ault, Hartlaub, and Prager.
b. The following is an excerpt from the contingent offer of employment provided to
Derek Schneider:
"1 am pleased to inform you that you have been selected for a probationary police
officer position with this department. Salary, benefits, retirement plan, insurance,
leave and other working conditions are as outlined in the West Manheim Township
Police Benevolent Association collective bargaining agreement and addendums.
Your probationary period will be one year with the possibility of extensions
pursuant to the collective bargaining agreement. You are being provided a digital
copy (PDF file via email) of the collective bargaining agreement and acknowledge
receipt if sane with your signature below. Please be advised that your acceptance
of this offer is with the understanding that the appointment is fully contingent upon
approval by the West Manheim Township Board of Supervisors which will follow
completing of the following exams and qualifications:
Acceptable background investigation, credit check, certification exam, physical
examination and psychological evaluation pursuant to standards set forth by the
Municipal Police Officers Education and Training Commission, qualification with
all equipment you will carry on duty to include the following: Glock 40 caliber
handgun, Colt AR15 rifle, 12 gauge shotgun with les lethal bean bag rounds and
"TASER" electro-muscular disruption (EMD) device. Currently shift scheduling as
listed in article 11 of the collective bargaining agreement consists of various shift
rotations based upon seniority (A, B, and C), you will be assigned to the "C
schedule". This means you will not regularly be working a day shift (0700-1500)
rotation. Until such time you qualify for schedule A or B or a new schedule rotation
is enacted your typical work shifts will be 1500-2300, 2300-0700 or 1900-0300 or
other shifts assigned by the Chief of Police to meet operational needs."
C. The contingent offer of employment was signed by Schneider and Derek Schneider
on November 21, 2018.
Schneider, 20-017
Page 15
d. The second interview of Derek Schneider was moot since he had been offered and
accepted the contingent offer of employment.
37. On or around November 24, 2018, Derek Schneider was interviewed by Ault, Hartlaub,
and Prager at the Township building.
a. Prior to the interview with Derek Schneider, Prager provided a list of questions to
Ault.
b. The interview questions asked of Derek Schneider were basic questions and not
questions to gauge the qualifications of a candidate.
C. The following questions were asked of Derek Schneider by Ault, Hartlaub, and
Prager:
l . How long have you been involved in law enforcement?
2. Where/what is your experience in law enforcement?
3. Have you been involved in any lawsuits during your involvement/
employment in law enforcement?
4. Why do you want to be a police officer in the Township?
5. Have you ever worked for the Township in the past?
6. Have you previously applied to be a police officer for the Township?
7. Knowing your father is the Chief of Police of the Township, would you
have issues with following the chain of command?
8. Additionally, would you have issues with dealing with any disciplinary
actions handed down, be it from your chain of command or the Township
Chief of Police?
38. Wildasin alleges that Schneider confessed to him that Schneider provided the interview
questions to Derek Schneider before the interview.
a. Wildasin reported that Schneider stated, "I'll take that one to my grave."
b. Schneider maintains that he never provided the interview questions to Derek
Schneider before the interview and that he never made the statement to Wildasin.
C. Prager reported that he never provided the questions to either Schneider or Derek
Schneider prior to the interview.
Schneider, 20-017
Page 16
39. Prager was never informed by Ault or Hartlaub that Derek Schneider had already been
offered and accepted a conditional offer of employment by the Township prior to the
interview.
a. The interview was not conducted to reach a hiring decision.
b. The interview was completed to give the appearance that the hiring of Derek
Schneider was unbiased and uninfluenced by Schneider.
40. In a November 28, 2018, email to members of the Township Police Department, Schneider
advised that the Board of Supervisors had approved the hiring of his son, Derek Schneider,
as the ninth officer of the Township Police Department on November 20, 2018.
a. Schneider advised that during the November 20, 2018, meeting, Tilley
recommended that an independent interview with Derek Schneider should be held,
with no members of the Township Police Department participating.
b. Schneider reported that the second interview had taken place and that his son would
begin his employment with the Township on December 21, 2018.
C. The text of Schneider's November 28, 2018, email is as follows:
Just keeping you in the loop on the new hire. Last Tuesday the Board of Supervisors
approved hiring Derek as the 9th officer in the department. I found out after the
approval the township attorney advised that an independent interview with him with
no West Manheim Township Police involvement should be conducted. I now have
been informed that the independent interview has taken place and they again
approved hiring Derek as the 9`h officer. He is scheduled to start December 21 st
Derek will be field trained by Justin and mirror his schedule starting 1/1/2019 until
Justin advised he is done. After training he will be thrown into the C schedule. Any
questions feel free to discuss with me. Thanks Jeff.
41, On December 3, 2018, Township Secretary Miriam Clapper ("Clapper") emailed Tilley a
copy of a December 6, 2018, meeting agenda that included a motion to approve the hiring
of Derek Schneider as a probationary police officer effective December 20, 2018.
a. Although discussed at the November 20, 2018, executive session, no official Board
of Supervisors action had taken place regarding Derek Schneider's hiring.
42. Tilley replied to Clapper and Woerner on December 3, 2018, as follows:
"Miriam and Marc I have begun work on a list of possible conflicts of interest created by
hiring Derek Schneider as a police officer. I attach the list that I have created so far. I am
not comfortable right now with the board acting on the hiring of Derek since there are so
many conflict issues that must be addressed first, particularly with respect to the collective
bargaining agreement."
Schneider, 20-017
Page 17
a. Specifically, Tilley had concerns regarding conflicts of interest under the Ethics
Act.
b. The motion to approve the hiring of Derek Schneider as a probationary police
officer was excluded from the December 6, 2018, meeting agenda due to the
concerns of Tilley.
43. As stated in his December 3, 2018, email, Tilley provided an outline detailing conflicts of
interest issues that would be created if Derek Schneider was hired as a Township police
officer by the Board of Supervisors prior to the December 6, 2018, meeting.
a. Tilley advised the Board of Supervisors that Schneider's participation in
interviewing his son, using a 2014 hiring list where only his son was considered,
thereby excluding other potential candidates, and participating in the completion of
his son's background check were all potential violations of the Ethics Act.
b. At a minimum, Ault, Woerner, and Township Supervisor Terry Rynearson
("Rynearson") all reviewed the written advice provided by Tilley prior to the
December 6, 2018, meeting of the Board of Supervisors.
44. Despite Tilley's advice and concerns, the Board of Supervisors took action to ratify the
hiring of Derek Schneider as a probationary police officer with the Township during the
December 6, 2018, Board of Supervisors meeting.
a. The motion was made by Ault and seconded by Township Supervisor James Staaf
("Staaf').
b. The motion was approved unanimously.
C. Minutes for the December 6, 2018, Board of Supervisors work session record the
following:
"Supervisor Ault then announced he wanted to appoint a new police officer to the
West Manheim Township Police Department. Supervisor Ault made a motion to
appoint Derek Schneider as a new police officer in the West Manheim Township
Police Department effective December 21, 2018, on the condition that he meets all
requirements, seconded by Supervisor Staff. Motion carried."
1. Ault was aware that Derek Schneider had met both requirements since
Schneider had already reported he completed a background investigation.
2. Derek Schneider had already been offered and accepted a conditional offer
of employment at the time of the December 6, 2018, meeting.
45. Investigative interviews with Hartlaub, Rynearson, Ault, and Township Supervisor Brian
Blettner confirmed that they voted to hire Derek Schneider based exclusively on
Schneider's recommendation.
Schneider, 20-017
Page 18
a. Staff stated that he voted to approve the hiring of Derek Schneider based on the
recommendation made by both Schneider and Wildasin.
Wildasin never made an official recommendation to the Board of
Supervisors.
2. Wildasin is a subordinate officer to Schneider.
THE FOLLOWING FINDINGS PERTAIN TO SCHNEIDER AUTHORIZING 25 HOURS
OF COMPENSATORY TIME FOR DEREK SCHNEIDER PRIOR TO HIS OFFICIAL
EMPLOYMENT WITH THE TOWNSHIP.
46. Prior to December 21, 2018 (his actual hire/start date), Derek Schneider was authorized to
receive 25 hours of compensatory time to complete preemployment training and
certifications.
a. Derek Schneider accrued the compensatory time between November 28, 2018, and
December 19, 2018.
b. During this time, Derek Schneider completed various firearms qualifications and
training to meet MPOETC standards prior to his start/employment with the
Township.
C. Derek Schneider was not officially employed by the Township until December 21,
2018.
d. Derek Schneider submitted his resignation from the MPD on November 30, 2018,
and his last day of employment with the MPD was December 16, 2018.
e. Derek Schneider accrued compensatory time from the Township while still
employed with the MPD.
f. A compensatory time sheet was signed and dated by Schneider authorizing 25 hours
of preemployment compensatory time for his son on January 18, 2019.
47. The West Manheim Police Department Collective Bargaining Agreement ("CBA") set
Derek Schneider's starting salary in December 2018 as $56,414.00.
a. Derek Schneider's starting hourly rate of pay was $28.00.
b. Compensatory time accrues at 1.5 time the hourly rate per the CBA.
Other members of the Township Police Department were provided with
compensatory time prior to beginning their employment with the Township. For
example, on June 4, 2020, the Board of Supervisors authorized the approval of
nineteen hours of straight time to Officer Rummel at his hourly rate for completing
Schneider, 20-017
Page 19
the necessary certifications prior to becoming a police officer with the Township
Police Department.
d. There was no official vote by the Board of Supervisors authorizing the approval of
25 hours of compensatory leave for Derek Schneider, which was paid at an hourly
rate as opposed to the 1.5 times the hourly rate as set forth in the CBA.
e. Meeting minutes reflect no discussion by the Board of Supervisors regarding
approving 25 hours of compensatory time for Derek Schneider.
£ Schneider authorized and approved Derek Schneider to accrue the 25 hours of
preemployment compensatory time. During his interview, Schneider stated that he
believed he was authorized to approve this compensatory time as a result of an
executive session held by the Board of Supervisors.
g. Because the CBA does not govern pre -hire procedure and terms/conditions of
members prior to commencement of employment, it does not provide
compensatory time for a pre -hire to complete training and qualifications.
48. On September 6, 2019, Woerner received a complaint alleging that Schneider displayed
favoritism towards his son in relation to other officers.
49. Woerner completed an investigation into the allegations that consisted of interviews with
witnesses and Schneider.
50. On October 3, 2019, Woerner met with the Board of Supervisors and presented his findings
and written statements made by Schneider.
51. On October 7, 2019, the Board of Supervisors held a special meeting to discuss the
allegations made against Schneider.
a. The Board of Supervisors met in executive session to review the allegations and
the results of the inquiry.
b. Schneider was present for the meeting with the Board of Supervisors.
52. The Board of Supervisors provided a written decision pertaining to the allegations made
against Schneider on October 15, 2019.
53. The Board of Supervisors, by majority vote, agreed that no disciplinary action would be
taken against Schneider.
a. Rynearson dissented from the vote not to impose disciplinary action against
Schneider.
Schneider, 20-017
Page 20
b. All five Members of the Board of Supervisors signed the decision pertaining to
Derek Schneider.
THE FOLLOWING FINDINGS PERTAIN TO DEREK SCHNEIDER'S SALARY AND
COMPENSATION HE RECEIVED AS A TOWNSHIP POLICE OFFICER.
54. Derek Schneider's 2019 W-2 Wage and Tax Statement confirms earnings of $63,300.76
from the Township for the 2019 calendar year.
a. The CBA reflects that an entry level police officer's base salary is $58,106.00.
b. Derek Schneider received an additional $5,194.76 in overtime, compensatory time,
and holiday pay during the 2019 calendar year.
55. Payroll records obtained reflect that Derek Schneider received $18,554.57 in salary
between January 2020 and April 2020.
56. Health insurance premium records reflect that the Township contributed $34,145.30 for
Derek Schneider's family health insurance plan, including health, dental, prescription drug,
and vision coverage, since he became employed with the Township Police Department.
57. Derek Schneider received a total pecuniary gain of $116,000.63 in salary and benefits from
the Township since initiating his employment until April 2020.
THE FOLLOWING FINDINGS RELATE TO A DIRECT FINANCIAL GAIN
SCHNEIDER RECEIVED FROM DEREK SCHNEIDER AFTER HIS SON WAS HIRED
AS A TOWNSHIP POLICE OFFICER.
58. Schneider maintains a personal bank account at PNC Bank.
a. PNC Bank account [account number redacted] reflects that on June 14, 2019,
Schneider wrote Check No. 2714 in the amount of $2,113.07 to Echelon Motors in
Hanover, Pennsylvania.
b. The check memo reflects that the payment was for "Derek Truck."
59. Echelon Motors records confirm that Schneider paid Echelon Motors for repairs to Derek
Schneider's 2007 Chevrolet Silverado 1500.
a. The following repairs were made to Derek Schneider's vehicle:
• PA Safety Inspection $27.00
• PA Emissions Inspection $33.96
• Front Hub & Bearing Assembly (2) @ $297.00= $594 .00
• Front Brake Calipers (2) @ $110.00= $220.00
• Left front brake rotor $117.00
Schneidee, 20-017
Page 21
• Front Brake Hose (2) @$37= $74.00
• Front Brake Stabilizer links $37.00
• Outer CV Boot Kits (2) @ $110.00= $220.00
• Lower Ball Joints (2) @ $12.00
• Brake Fluid & Shop supplies $595.00
Total - $2,113.07
b. Pennsylvania Department of Transportation ("PennDOT") records reflect that the
2007 Chevrolet Silverado 1500 is registered to both Derek Schneider and Edwin
Schneider.
1. The vehicle was titled with PennDOT on April 7, 2007,
60. A review of Derek Schneider's PNC Bank account [account number redacted] records
confirmed that Derek Schneider made $2,604.00 in payments to Schneider from July 2019
through November 2019.
a. Derek Schneider wrote Check No. 364 on July 19, 2019, in the amount of
$1,480.00.
1. The check memo indicated that the payment was for "truck work."
b. Derek Schneider repaid Schneider during this period with funds he received as a
Township police officer.
l . Derek Schneider received an average weekly net increase in pay of $162.00
after he was hired as a Township police officer as a result of the terms of
the CBA between the Township and the Police Officers' Association.
61. The below chart reflects payments that Derek Schneider made to Schneider from July 2019
through November 2019.
a.
Date
Check No.
Payee
Amount
Memo
7/19/2019
364
Edwin J.
Schneider
$1,480.00
Truck Work
8/24/2019
366
Edwin J.
Schneider
$700.00
Blank
11/24/2019
368
Edwin J.
Schneider
$424.00
Blank
Total
$2,604.00
Schneider, 20-017
Page 22
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT SCHNEIDER
FILED A DEFICIENT 2018 STATEMENT OF FINANCIAL INTERESTS.
62. On April 15, 2020, a Statement of Financial Interests ("SFI") compliance review was
conducted for the Township by a State Ethics Commission Investigator.
a. The purpose of the compliance review was to review the SFI forms that were
completed and on file for all Township officials/employees required to file.
63. Schneider filed SFIs with the Township which included the following disclosures:
a. Calendar Year: 2018
Dated: 3/05/2019 on form SEC-1 Rev. 01/19
Position: Chief of Police
Govt. Entity: West Manheim Township
Occupation: Chief of Police
Creditors: PNC Bank Interest Rate: 5.9%
Direct/Indirect Sources of Income: None
Office Directorship or Employment: None
Gifts: None
Position Held: None
Financial Interest in any Business: None
Other Financial Interests: None
64. The compliance review determined that Schneider failed to list income he received from
the Township on his 2018 calendar year SFI filing.
a. Schneider's 2018 W-2 Wage and Tax form reflects that he earned $106,994.10
from the Township.
b. Schneider failed to disclose income that he received from the Township on his 2018
calendar year SFI filing.
HI. DISCUSSION:
As the Chief of Police of West Manheim Township ("Township"), York County,
Pennsylvania, since July 1, 2018, Respondent Edwin Schneider, also referred to herein as
"Respondent," "Respondent Schneider," and "Schneider," has been a public official/public
employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"),
65 Pa.C.S. § 1101 et M.
The allegations are that Schneider violated Sections 1103(a) and 1105(b)(5) of the Ethics
Act when he utilized the authority of his office for the private pecuniary benefit of himself and/or
a member of his immediate family by directing, influencing, and/or participating in the selection
process for the hiring of a police officer, which resulted in his son being hired as a patrolman for
Schneider, 20-017
Page 23
the Township Police Department; and when he failed to identify the Township as a source of
income upon a Statement of Financial Interests ("SFI") filed for the 2018 calendar year.
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/employee, any member of public official/employee's immediate
family, or a business with which the public official/employee or a member of the public
official/employee's immediate family is associated. A son is a member of "immediate family" as
the Ethics Act defines that term. 65 Pa.C.S. § 1102.
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.
Schneider, 20-017
Page 24
Subject to certain statutory exceptions, Section 1105(b)(5) of the Ethics Act requires the
filer to disclose on the SH 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 Police Department consists of eleven employees, including one part-time
office assistant, seven patrol officers, two sergeants, and the Chief of Police. Schneider has been
employed with the Township Police Department since 1986, and he has served as the Township
Chief of Police since July 1, 2018,
The Township is a Second Class Township governed by a five -Member Board of
Supervisors. The Township Board of Supervisors ("Board of Supervisors") votes on the hiring of
police officers for the Township Police Department based upon the recommendations of the
Township Chief of Police.
Derek Schneider is Schneider's son. Derek Schneider was employed with the Township
as a part-time roadworker from April 2012 through May 2013. In March 2014, Derek Schneider
began employment as a part-time police officer for the Gettysburg Police Department.
Derek Schneider initially applied for a position as a Township police officer in August
2014. At that time, six candidates, including Derek Schneider, were interviewed for employment
with the Township Police Department. Derek Schneider was interviewed by Township Police
Sergeant Toby Wildasin ("Sergeant Wildasin") and Township Chief of Police Timothy
Hippensteel ("Hippensteel"). After interviews were held, Shawn Ricketts and Randy Wagner were
hired as police officers for the Township Police Department in October 2014. Derek Schneider
was not offered employment with the Township Police Department. Schneider, who was not part
of the hiring process, was upset and disappointed that his son was not hired by the Township.
Derek Schneider was ultimately hired as a patrolman for the Manchester, Maryland, Police
Department ("MPD") in October 2014, and his starting salary was $38,480.00.
On March 22, 2018, the Township posted an opening for the position of Township Chief
of Police after Hippensteel announced his retirement effective July 1, 2018. Schneider, who was
then employed as a patrolman for the Township Police Department, applied for the position. On
June 29, 2018, the Board of Supervisors held a special meeting to adopt an employment agreement
with Schneider that would promote him to the position of Township Chief of Police. Schneider
was officially appointed to the position after he accepted the employment agreement as approved
by the Board of Supervisors, and he began serving as the Township Chief of Police on July 1,
2018,
On August 3, 2018, Schneider instructed Sergeant Wildasin to obtain the candidate list
which contained the contact information for the six candidates who were interviewed for
employment with the Township Police Department in 2014. Sergeant Wildasin subsequently sent
an email to Schneider, stating that he was unable to locate the 2014 candidate list and that he
Schneider, 20-017
Page 25
recreated the 2014 candidate list using correspondence between himself and the Township
Manager which pertained to interviews conducted during the hiring process. Sergeant Wildasin
provided Schneider with a list containing the names of the two candidates who were hired as police
officers for the Township in 2014 and the names and telephone numbers of the four candidates,
including Derek Schneider, who were not hired in 2014.
Between August 2018 and October 2018, Schneider contacted the four candidates who
were not hired by the Township in 2014 to inquire if they were interested in reapplying for
employment with the Township Police Department. The only candidate who was interested in
reapplying for employment with the Township Police Department was Derek Schneider.
During an October 4, 2018, budget caucus meeting of the Board of Supervisors, Schneider
obtained approval to hire a patrolman for the Township Police Department for 2019 to fill the
vacancy created by his promotion from patrolman to Township Chief of Police. Schneider
recommended to the Board of Supervisors that the 2014 candidate list be used to identify
candidates to fill the vacancy. Schneider informed the Board of Supervisors that he had already
contacted four candidates from the 2014 candidate list and that only one candidate, Derek
Schneider, was interested in the position. Schneider received authorization from the Board of
Supervisors to begin an application process with Derek Schneider, and he subsequently contacted
Derek Schneider and invited him to apply for the position.
On November 1, 2018, Derek Schneider submitted an application to the Township for
employment as a police officer. Derek Schneider's application was the only application received
by the Township for the vacant police officer position. On his application, Derek Schneider listed
his position with the MPD and his supervisor as MPD Chief John Hess ("MPD Chief Hess").
Between November 2, 2018, and November 3, 2018, Schneider contacted Derek
Schneider's current and former employers and his personal references for the purpose of
completing a preemployment background investigation. Schneider initiated the background
investigation prior to his son being interviewed for the police officer position or any determination
being made that his son would be selected for the police officer position.
On November 2, 2018, Schneider telephoned MPD Chief Hess, who did not take
Schneider's telephone call. Schneider then telephoned MPD Corporal Frank Ebberts ("MPD
Corporal Ebberts") for the purpose of completing a background interview. MPD Corporal Ebberts
had been employed with the MPD for only five months, had limited knowledge of Derek
Schneider's performance as a police officer, and had no authority to provide information regarding
MPD personnel for a background investigation. MPD Corporal Ebberts spoke to Schneider as a
courtesy since Schneider was Derek Schneider's father and a police officer. Schneider did not
obtain or attempt to review Derek Schneider's MPD personnel file during the background
investigation, and he obtained copies of trainings and certifications that Derek Schneider received
while employed with the MPD directly from him.
On November 3, 2018, Schneider contacted the Gettysburg Police Department as part of
his son's background investigation. Schneider made no attempt to obtain or review his son's
Gettysburg Police Department personnel file. Schneider also contacted the Dewey Beach,
Schneider, 20-017
Page 26
Delaware, Police Department, which employed Derek Schneider as a "seasonal" police officer
between May 2012 and October 2012. Schneider did not obtain a copy of his son's personnel file
from the Dewey Beach Police Department during the background investigation.
On November 12, 2018, Schneider emailed members of the Township Police Department
to inform them that the Board of Supervisors had authorized the hiring of a new police officer and
the promotion of an existing patrolman to sergeant. Schneider acknowledged in the email that he
had reviewed the 2014 hiring process and learned that two of the six candidates on the 2014
candidate list were hired and that the four remaining candidates included his son. Schneider
reported that Township Supervisors/Police Liaison Supervisors Jeremy Ault ("Ault") and Harold
Hartlaub ("Hartlaub") were informed that Derek Schneider was on the 2014 candidate list, and he
claimed that they had no issues with Derek Schneider continuing as a candidate. Schneider was
fully aware that Derek Schneider would be the only candidate considered for employment with the
Township Police Department at the time he sent the email to members of the Township Police
Department.
On November 13, 2018, Derek Schneider was interviewed by Schneider and Sergeant
Wildasin, who were the only managerial personnel in the Township Police Department. On
November 20, 2018, Schneider completed the preemployment background investigation of his son,
and he presented a memorandum to the Board of Supervisors with regard to his son's potential
employment with the Township Police Department. In the memorandum, Schneider acknowledged
that he had participated in interviewing his son and had contacted his son's current and former
employers. Schneider set forth his son's qualifications, and he concluded the memorandum by
officially recommending that his son be offered employment as a probationary police officer with
the Township Police Department conditioned upon his son completing a physical examination and
a psychological evaluation and qualifying with all equipment carried on duty.
During an executive session held on November 20, 2018, the Board of Supervisors,
without a formal vote, ratified Schneider's recommendation to provide a conditional offer of
employment to Derek Schneider. After Township Solicitor Walter Tilley III ("Solicitor Tilley")
advised the Board of Supervisors to conduct a second interview of Derek Schneider to make his
hiring appear "unbiased," the Board of Supervisors agreed to have Derek Schneider interviewed
by Township Supervisors/Police Liaison Supervisors Hartlaub and Ault and Township resident
George Prager ("Township Resident Prager"), a retired Maryland State Trooper.
On November 21, 2018, Schneider provided his son with a conditional offer of employment
as a probationary police officer with the Township. Derek Schneider received the conditional
offer of employment before he was interviewed by Township Supervisors/Police Liaison
Supervisors Hartlaub and Ault and Township Resident Prager. Schneider and Derek Schneider
signed the conditional offer of employment that same day.
On or around November 24, 2018, Derek Schneider was interviewed by Township
Supervisors/Police Liaison Supervisors Hartlaub and Ault and Township Resident Prager at the
Township building. Township Resident Prager was not informed by Township Supervisors/Police
Liaison Supervisors Hartlaub and Ault that Derek Schneider had already accepted a conditional
offer of employment with the Township. The interview questions asked of Derek Schneider were
Schneider, 20-017
Page 27
basic questions and not questions to gauge the qualifications of a candidate. The interview was
not conducted to reach a hiring decision but rather was conducted to give the appearance that the
hiring of Derek Schneider was not influenced by Schneider.
On November 28, 2018, Schneider emailed members of the Township Police Department
and advised them that on November 20, 2018, the Board of Supervisors had approved the hiring
of his son as the ninth police officer of the Township Police Department. Schneider reported that
his son would begin employment with the Township on December 21, 2018.
On December 3, 2018, Township Secretary Miriam Clapper ("Township Secretary
Clapper") emailed Solicitor Tilley an agenda for a December 6, 2018, Board of Supervisors
meeting that included a motion to approve the hiring of Derek Schneider as a probationary police
officer effective December 20, 2018. Solicitor Tilley subsequently emailed Township Secretary
Clapper and Township Manager Marc Woerner about concerns that he had regarding conflicts of
interest which could be created by the hiring of Derek Schneider. As a result of Solicitor Tilley's
concerns, the motion to approve the hiring of Derek Schneider as a probationary police officer was
excluded from the December 6, 2018, meeting agenda.
Prior to the December 6, 2018, meeting of the Board of Supervisors, Solicitor Tilley
provided the Township Supervisors with an outline detailing conflict of interest issues that would
be created if Derek Schneider was hired as a Township police officer. Solicitor Tilley advised the
Township Supervisors that Schneider's participation in interviewing his son and completing his
son's background check were potential violations of the Ethics Act. Despite Solicitor Tilley's
concerns, the Board of Supervisors voted unanimously at the meeting to hire Derek Schneider as
a probationary police officer effective December 21, 2018. Four of the five Township Supervisors
voted to hire Derek Schneider based exclusively upon Schneider's recommendation that his son
be offered employment with the Township. Derek Schneider subsequently began employment
with the Township on December 21, 2018, and his starting salary was $56,414.00. (We note that
although the Stipulated Findings include information as to Schneider's conduct in authorizing
Derek Schneider to receive 25 hours of compensatory time for completing firearms training and
qualifications prior to the official start of his Township employment on December 21, 2018, such
conduct is not encompassed within the allegations in this matter.)
The parties have stipulated that between December 2018 and April 2020, Derek Schneider
received a total pecuniary gain of $116,000.63 from the Township, consisting of salary and the
payment of insurance premiums for his family health insurance plan, for serving as a Township
police officer.
A 2007 Chevrolet Silverado 1500 (the "Chevrolet Truck") is registered to both Schneider
and Derek Schneider. On June 14, 2019, Schneider wrote a personal check in the amount of
$2,113.07 to Echelon Motors in Hanover, Pennsylvania, for repairs that were made to the
Chevrolet Truck. From July 2019 through November 2019, Derek Schneider issued three checks
totaling $2,604.00 to Schneider as repayment for the repairs and/or other expenses. Derek
Schneider used funds that he received for serving as a Township police officer to repay Schneider.
Schneider, 20-017
Page 28
On April 15, 2020, an SFI compliance review was conducted for the Township. Although
Schneider's W-2 Wage and Tax Statement for 2018 reflects that he received income in the amount
of $106,994.10 from the Township, he failed to disclose the Township as a source of income 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:
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 in
relation to Schneider's participation in hiring his son, Derek
Schneider, as a patrolman for the West Manheim Township
Police Department, resulting in a private pecuniary benefit
to himself and his son.
b. That a violation of Section I I05(b)(5) of the Public Official
and Employee Ethics Act, 65 Pa. C.S. § 1105(b)(5), occurred
when Schneider failed to disclose West Manheim Township
as a source of income on his 2018 calendar year SFI filing.
4. Schneider agrees to make payment in the amount of $3,104.00 in
settlement of this matter as follows:
a. $2,604.00 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. This payment represents money
that Schneider received from his son after he used the
authority of his office to obtain employment for his son.
b. $500.00 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, made
payable to the Pennsylvania State Ethics Commission within
thirty (30) days of the issuance of the final adjudication in
this matter.
5. To the extent that he has not already done so, Schneider agrees to
file a complete and accurate amended Statement of Financial
Interests with the West Manheim Township Police Department,
Schneider, 20-017
Page 29
York County, through the Pennsylvania State Ethics Commission,
for calendar year 2018 within thirty (30) days of the issuance of the
final adjudication in this matter.
6. Schneider agrees to not accept any reimbursement, compensation or
other payment from the West Manheim Township Police
Department, York 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 fiirther 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.
a. The Respondent has been advised that as a matter of course,
all orders from the Commission are provided to the Attorney
General, albeit without any specific recommendations
pursuant to paragraph 7, above.
b. The Respondent has been advised that all orders become
public records and may be acted upon by law enforcement
as they deem appropriate.
The non -referral language contained in this paragraph is
considered an essential part of the negotiated Consent
Agreement.
Consent Agreement, at 1-2.
We accept the recommendation of the parties for a finding that a violation of Section
1103(a) of the Ethics Act occurred in relation to Schneider's participation in the hiring of his son,
Derek Schneider, as a patrolman for the Township Police Department, resulting in a private
pecuniary benefit to himself and his son.
Schneider used the authority of his office as the Township Chief of Police: (1) when, on
August 3, 2018, he obtained from Sergeant Wildasin a candidate list which contained the names
and contact information of the six candidates, including his son, Derek Schneider, who were
interviewed for employment with the Township Police Department in 2014; (2) when, between
August 2018 and October 2018, he contacted the four candidates who were not hired by the
Township in 2014, including his son, to inquire if they were interested in reapplying for
employment with the Township Police Department; (3) when, on October 4, 2018, he obtained
approval from the Board of Supervisors to hire a patrolman for the Township Police Department
Schneider, 20-017
Page 30
for 2019, recommended to the Board of Supervisors that the 2014 candidate list be used to identify
candidates to fill the position, and informed the Board of Supervisors that only one candidate from
the list, his son, was interested in the position; (4) when, after receiving approval from the Board
of Supervisors to begin an application process with his son, he invited his son to apply for a police
officer position with the Township; (5) when, between November 2, 2018, and November 3, 2018,
he contacted his son's current and former employers and personal references for the purpose of
completing a preemployment background investigation; (6) when, on November 13, 2018, he
participated in an interview of his son; (7) when, on November 20, 2018, he presented a
memorandum to the Board of Supervisors in which he officially recommended that his son be
offered employment as a probationary police officer with the Township Police Department
conditioned upon his son meeting certain requirements; and (8) when, on November 21, 2018, he
provided his son with a conditional offer of employment as a probationary police officer with the
Township and then signed the conditional offer of employment.
The parties have stipulated that between December 2018 and April 2020, Derek Schneider
received a total pecuniary gain of $116,000.63 from the Township for serving as a Township police
officer. Schneider realized a pecuniary benefit of $2,604.00 when Derek Schneider used funds
that he received for serving as a Township police officer to repay Schneider for repairs made to
the Chevrolet Truck registered in both of their names and/or other expenses.
Based upon the Stipulated bindings and Consent Agreement, we hold that Schneider
violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his participation in
the hiring of his son, Derek Schneider, as a patrolman for the Township Police Department,
resulting in a private pecuniary benefit to himself and his son.
We agree with the parties, and we hold, that a violation of Section 1105(b)(5) of the Ethics
Act, 65 Pa.C.S. § I I05(b)(5), occurred when Schneider failed to disclose the Township as a source
of income on his SFI filing for calendar year 2018.
As part of the Consent Agreement, Schneider has agreed to make payment in the amount
of $2,604,00 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.
Schneider has further agreed to make payment in the amount of $500.00 payable to this
Commission, representing a portion of the expenses and costs incurred by this Commission in the
investigation and administrative prosecution of the instant matter, with such payment to be
forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in
this matter.
Schneider agrees to not accept any reimbursement, compensation or other payment from
the Township Police Department representing a full or partial reimbursement of the amount paid
in settlement of this matter.
To the extent he has not already done so, Schneider has agreed to file a complete and
accurate amended SFI for calendar year 2018 with the Township Police Department, through this
Commission, within thirty (30) days of the issuance of the final adjudication in this matter.
Schneider, 20-017
Page 31
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, Schneider is directed to make
payment in the amount of $2,604.00 payable to the Commonwealth of Pennsylvania and forwarded
to this Commission by no later than the thirtieth (301h) day after the mailing date of this adjudication
and Order.
Per the Consent Agreement of the parties, Schneider is further directed to make payment
in the amount of $500.00 payable to the Pennsylvania State Ethics Commission, representing a
portion of the expenses and costs incurred by this Commission in the investigation and
administrative prosecution of the instant matter, with such payment forwarded to this Commission
by no later than the thirtieth (30`h) day after the mailing date of this adjudication and Order.
Schneider is directed to not accept any reimbursement, compensation or other payment
from the Township Police Department representing a full or partial reimbursement of the amount
paid in settlement of this matter.
To the extent he has not already done so, Schneider is directed to file a complete and
accurate amended SH for calendar year 2018 with the Township Police Department, through this
Commission, by no later than the thirtieth (30Eh) 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:
1. As the Chief of Police of West Manheim Township, York County, Pennsylvania, since July
1, 2018, Respondent Edwin Schneider ("Schneider") has been a public official/public
employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa.C.S. § 1101 et seq.
2. Schneider violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to
his participation in the hiring of his son, Derek Schneider, as a patrolman for the West
Manheim Township Police Department, resulting in a private pecuniary benefit to himself
and his son.
3. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred
when Schneider failed to disclose West Manheim Township as a source of income on his
Statement of Financial Interests filing for calendar year 2018.
In Re: Edwin Schneider, File Docket: 20-017
Respondent Date Decided: 9/14/21
Date Mailed: 9/16/21
ORDER NO, 1794
1. Edwin Schneider ("Schneider"), as the Chief of Police of West Manheim Township, York
County, Pennsylvania, violated Section I I03(a) of the Public Official and Employee Ethics
Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), in relation to his participation in the hiring of his
son, Derek Schneider, as a patrolman for the West Manheim Township Police Department,
resulting in a private pecuniary benefit to himself and his son.
2. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred
when Schneider failed to disclose West Manheim Township as a source of income on his
Statement of Financial Interests filing for calendar year 2018.
3. Per the Consent Agreement of the parties, Schneider is directed to make payment in the
amount of $2,604.00 payable to the Commonwealth of Pennsylvania and forwarded to the
Pennsylvania State Ethics Commission by no later than the thirtieth (301h) day after the
mailing date of this Order.
4. Per the Consent Agreement of the parties, Schneider is further directed to make payment
in the amount of $500.00 payable to the Pennsylvania State Ethics Commission,
representing a portion of the expenses and costs incurred by this Commission in the
investigation and administrative prosecution of the instant matter, with such payment
forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30`h)
day after the mailing date of this Order.
5. Schneider is directed to not accept any reimbursement, compensation or other payment
from the West Manheim Township Police Department 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, Schneider is directed to file a complete and
accurate amended Statement of Financial Interests for calendar year 2018 with the West
Manheim Township Police Department, through this Commission, by no later than the
thirtieth (301h) day after the mailing date of this Order.
7. Compliance with paragraphs 3, 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.
BY THE COMMISSION,
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Nicholas A. Colafella, air