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In Re: Vijay Rajput,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
6"13 NOR-ri-I STREET, ROOM 309
IdARRISBURG, PA 17120-0400
File Docket:
Order No.
Date Decided:
Date Mailed:
20-029
1811
9/14/22
9/21/22
FAC 13 1 M I 1_E: 717-787--0806
WEBSITE: wwwethic
iig�.Qp_v
Before: Mark R. Corrigan, Acting Chair
Shelley Y. Simms, Acting Vice Chair
Roger E. Nick
Melanie F. DePalma
Michael A. Schwartz
Rhonda Hill Wilson
Paul E. Parsells
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. § 1.101 et �Leq., by the above -named Respondent. At the commencement
of its investigation, the Investigative Division served upon Respondent written notice of the
specific allegations. Upon completion of its investigation, the Investigative Division issued and
served upon Respondent a Findings, Report identified as an "Investigative Complaint." 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,
1. ALLEGATIONS:
That Vijay Rajput ("Respondent" or "Dr. Rajput"), a public employee in his capacity as
the Managing Director of the Lower Bucks County Joint Municipal Authority ("LBCJMA")
violated the provisions of the Ethics Act:
A) when he utilized the authority of his public position for the pecuniary benefit of himself,
his spouse, and/or a business with which he and/or his spouse is associated, namely
S2A Technologies, Inc. ("KA'% when he accessed and utilized the physical facilities
of the LBCJMA, specifically the training shed/room, absent any fee or charge, for the
purpose of conducting educational/training classes which were provided by
himself/S2A Technologies, Inc. for students for a fee/charge;
Rajput, 20-029
Page 2
B) when he provided consulting services for S2A during LBCJMA business hours and
directed/authorized LBCJMA personnel to provide consulting services for S2A during
LBCJMA business hours resulting in a private pecuniary benefit to himself, his spouse,
and/or a business with which he and/or his spouse is associated; and
C) when he failed to make full disclosure of any financial interest in any legal entity
engaged in business for profit, namely identify the percentage of ownership/interest in
S2A.
II. FINDINGS:
Vijay Rajput, P.E., Ph.D. ("Respondent" or Dr. Rajput") has been employed by the Lower
Bucks County Joint Municipal Authority ("LBCJMA" or "Authority") since March 16,
2000.
a. Dr. Rajput was initially hired by the LBCJMA as a Staff Engineer.
b. Dr. Rajput was promoted to Director of Operations in or around 2005.
c. Dr. Rajput also serves as Supervisor for LBCJMA's Wastewater Treatment Plant
Laboratory and Water Treatment Plant Laboratory.
d. Dr. Rajput was named Acting Managing Director of the LBCJMA in or around
November 2009, following the retirement of former Managing Director, Janet
Keyser.
e. The LBCJMA Board of Directors unanimously approved a five year contract with
Dr. Rajput as Authority Managing Director and Director of Operations on January
22, 2010.
f. Dr. Rajput's contract was renewed for an additional five years effective February
26, 2015 and was renewed again on February 26, 2020 for an additional five year
period by unanimous vote of the Board.
2. Dr. Rajput is a registered Professional Engineer and is licensed in Pennsylvania, Delaware,
New Jersey, and Wisconsin.
a. Dr. Rajput is licensed as a water system operator and wastewater system operator
through the Pennsylvania Department of Environmental Protection ("PADEP").
Lower Bucks County Joint Municipal Authority ("LBCJMA") is a governmental entity
created pursuant to the Pennsylvania Municipal Authorities Act.
a. The LBCJMA is empowered to acquire, hold, construct, improve, maintain,
operate, and own sewers, wastewater system/sewer systems or parts thereof,
sewage treatment works, including works for treating and disposing of industrial
waste, water system/waterworks, water supply and water distribution systems.
4. The LBCJMA Board of Directors is comprised of a six (6) member Board members
appointed by the Bristol Township Supervisors and Tullytown Borough Council.
RAiput, 20-029
Page 3
a. Three (3) members are appointed from Bristol Township and three (3) members
from Tullytown Borough.
b. Board of Directors meetings are held on the fourth Thursday of each month.
THE FOLLOWING FINDINGS RELATE TO VIJAY RAJPUT'S EMPLOYMENT
TERMS WITH THE LBCJMA.
5. Dr. Rajput's five year employment agreement extension with the LBCJMA effective
February 26, 2015, and renewed on February 26, 2020, contains various terms, duties, and
responsibilities.
6. Dr. Rajput's employment agreement provides, as outlined in paragraph 2 of the
employment agreement, that Dr. Rajput agrees to work as a full-time employee and is
required to work a minimum of forty (40) hours per week and is entitled to all of the
benefits set forth in the Collective Bargaining Agreement ("CBA") for the
Supervisor/Technical Unit of the LBCJMA.
a. Specifically, paragraph 2 of Dr. Rajput's employment agreement provides:
Employment. The Authority employs Rajput as its Managing Director and
Rajput accepts that position and assumes the responsibilities and duties of
the position of Managing Director. Rajput agrees to work as a full time
employee. Rajput shall be entitled to all benefits set forth in the Collective
Bargaining Agreement for the Supervisor/Technical Unit of the employees
of the Authority. Any modifications of the Collective Bargaining
Agreement for the Supervisor/Technical Unit, as may occur in the collective
bargaining process, shall be incorporated herein as if they were set forth in
full.
7. Paragraph 5 of Dr. Rajput's employment agreement further provides that Dr. Rajput shall
be paid by the LBCJMA as a salaried employee and receive an annual salary in the amount
specified in the agreement.
8. Dr. Rajput's employment with the LBCJMA is not governed by the CBA, except with
regard to the benefits set forth in the CBA for the Supervisor/Technical Unit. The CBA for
the Supervisor/Technical Unit includes, among other benefits, provisions for compensatory
time, vacation, sick leave, and leaves of absence.
9. While the CBA includes business hours of the LBCJMA, Dr. Rajput is considered a
flexible schedule employee as he is expected at times to perform work as Managing
Director outside of LBCJMA's normal business hours.
10. Dr. Rajput's duties and responsibilities as LBCJMA Managing Director are outlined in
writing in LBCJMA's job description for the position and include the following:
a. Directs all Authority departments and programs to assure compliance with
operational standards and government requirements.
b. Informs the Board of Directors of problems and recommends corrective action.
c. Enforces the Authority's rates, rules, and regulations.
Ra' tit, 20-029
Page 4
d. Recommends, initiates, conducts, and oversees operational studies.
e. Recommends facility maintenance and improvements for the Board Director's
approval.
f Attends Board Director's monthly meetings. Develops and submits reports on
operations, suggests changes, recommendations, and solutions.
g. Recommends to the Board Directors new and/or revised policies.
h. Implements policies and procedures for the daily operation of the Authority.
i. Coordinates all operations and supervises all employees directly or through
subordinate supervisors.
j. Reviews and coordinates work of all consultants.
k. Takes all personnel actions within the Board of Directors' approved pay plan and
organizational structure, including firing, hiring, and discipline of employees.
1. Provides technical assistance to subordinates.
m. Presents the proposed annual budget to the Board Directors for approval.
n. Administers and controls the annual budget.
o. Purchases and/or approves purchases of supplies and equipment.
p. Keeps abreast of developments in the field and attends professional, civic, and
governmental meetings.
q. Confers with government agencies on issues of mutual concerns.
r. Maintains the knowledge and skills necessary for employment as Managing
Director for the LBCJMA to include the following:
i. Knowledge of water and wastewater operations, operating principles,
practices, and facilities.
ii. Knowledge of plant occupational hazards and related safety precautions.
iii. Knowledge of supervisory principles and practice.
iv. Knowledge of purchasing and budgetary principles and practices.
v. Skill in complying with legal requirements, engineering standards, and
administrative policy direction.
s. Ability to develop and implement policy.
t. Ability to draft and present organizational and administrative recommendations to
the Board of Directors.
u. Ability to plan and organize work effectively.
v. Ability to communicate well, orally and in writing.
Rajput, 20-029
Page 5
w. Ability to develop and maintain effective working relations with associates, Board
of Directors, governmental officials, customers, and the public.
I t . Dr. Rajput's employment contract renewed on February 26, 2015 and February 26, 2020
contains terms regarding supplemental employment. In particular, paragraph 9 of Dr.
Rajput's employment agreement addresses Dr. Rajput's participation in outside
employment and includes the following:
Outside Income. The [A]uthority herein acknowledges and agrees that Rajput may
pursue such additional income sources noting that Rajput's primary responsibility
is to the [A]uthority and he shall not undertake or perform obligations or services
in detriment to the [A]uthority. He shall not represent or associate himself in
representing any clients whose interests are, or may be reasonably anticipated to
be, in conflict with the interests of the [A]uthority.
The [A]uthority herein acknowledges that Rajput presently has outside income
sources with regard to teaching and consulting. Rajput's additional income sources
may be continued under the circumstances set forth in this paragraph. It is
acknowledged by the Authority that Rajput does some teaching and technical
support under the auspices of the Commonwealth of Pennsylvania, Department of
Environmental Protection. Any such services rendered by Rajput for and through
the Department of Environmental Protection are not to be considered in conflict of
the interests of the Authority.
THE FOLLOWING FINDINGS RELTE TO VIJAY REJPUT'S AFFILIATION
WITH S2A TECHNOLOGIES, INC.
12. S2A Technologies, Inc. ("S2A") is a for profit corporation which provides, among other
services, training and education courses required by the Pennsylvania Department of
Environmental Protection ("PADEP") for wastewater and water treatment plant operators
licensed by PADEP.
13. S2A is owned by Dr. Rajput's wife.
14. Dr. Rajput teaches and/or provides training courses and provides consulting services on
behalf of S2A.
15. The S2A webpage includes a description of the company and the services provided.
a. "S2A Technologies, Inc. is a full service engineering company specializing
in consulting and implementation services for environment and
infrastructure. We are committed to providing innovative, practical and cost
effective approaches and innovative ideas drawn from the multidisciplinary
educational and experience backgrounds of S2A consulting professionals
with a broad range of experience. We have a range of expertise in a wide
variety of fields, including the environmental civil, and mechanical
engineering, bioengineering, electrical engineering, soil science, geology,
and biology."
Rajput, 20-029
Page 6
16. S2A listed the following available services on its webpage:
a. Environmental permitting of facilities;
b. Feasibility studies, alternative evaluations, value engineering, cost benefit analysis,
and cost effective solutions to industrial pollution control;
c. Water supply sanitation;
d. Water treatment for potable water supply, water storage, and distribution;
e. Master planning for Municipal Wastewater management including wastewater
collection and conveyance and wastewater treatment facilities;
f. Design of on -lot septic systems;
g. Environmental contamination and remedial investigation, feasibility studies, and
remedial design;
h. Industrial wastewater characterization, evaluation of alternatives including
wastewater reclamation and reuse, treatability studies, selection of feasible
innovative and cost effective treatment system for pollution control to comply with
environmental regulations;
i. Operator training, startup and troubleshooting of industrial and municipal water and
wastewater treatment systems.;
j. Contractual operation and management of water and wastewater systems;
k. Storm water management and flood control facilities;
1. Environmental monitoring/sampling, analysis and environmental modeling;
m. Development of industrial pretreatment programs;
n. Land/site development (residential community) including roads, drainage, and
water and sewage system design;
o. Construction and administration management;
p. Supply water and wastewater treatment process equipment including packaged
wastewater treatment systems for both domestic sewage and industrial wastewater
treatment; and
q. Geographical Information System (GIS) design and implementation.
THE FOLLOWING FINDINGS RELATE TO THE PROCESSES AND
REQUIREMENTS FOR CERTIFICATIONS AND CONTINUING EDUCATION FOR
WATER AND WASTEWATER OPERATORS AS MANDATED BY PADEP.
17. The PADEP's mission includes protection of Pennsylvania's water, air, and land from
pollution.
18. This includes the licensing of water and wastewater treatment facilities and operators.
Rajput, 20-029
Page 7
19. The PADEP has established requirements for licensing and continuing education
requirements for valid operators.
20. Licensing, training, and education were administered by PADEP prior to 2004.
21. Beginning in 2004, PADEP contracted with vendors to provide training programs.
22. Certified operators of wastewater and drinking water systems are required to complete a
minimum of thirty (30) hours of continuing education courses every three (3) years in order
to renew/maintain their certificates through the Pennsylvania Board for Certification of
Water and Wastewater Systems Operators ("Board").
23. Pursuant to the provisions of the Water and Wastewater Systems Operations Certification
Act ("Act"), PADEP implemented an interim operator certification program ("interim
program") to meet operator certification requirements of Section 1419 of the 1996
Amendments to the Federal Safe Drinking Water Act.
a. The interim program included continuing education requirements for water and
wastewater treatment operators.
b. The PADEP established the interim guidelines with the issuance of document
number 383-2300-001 effective January 31, 2004.
24. PADEP document number 383-2300-001 set forth the following objectives for continuing
education for operator certification:
a. Develop and implement a program to meet federal guidelines for operator certification.
b. Provide a comparable wastewater operator certification program to the drinking water
operator certification program.
c. Provide for a transition program.
25. The interim program required all certified operators to meet specified continuing education
requirements, developed by the PADEP, in order to qualify for certification renewal.
a. Guidelines require that operators shall begin to meet continuing education requirements
when PADEP assigns an operator into a renewal cycle.
b. PADEP sets renewal schedules for operators in 12 subgroups.
26. Certification requirements set by Section 2.3 of the interim program include the following
four (4) items:
a. The submittal of a complete application for certification action in accordance with
Board guidelines;
b. The successful completion of an examination for the appropriate classification and
applicable subclassification or type;
c. Education or training; and
d. Experience.
Ra' ut, 20-029
Page 8
27. Prior to 2004 when PADEP implemented the interim operator certification program,
certifications and continuing education were administered solely through PADEP.
a. Operators seeking certification or mandatory continuing education classes were
required to directly schedule through PADEP.
b. Prior to 2004, Dr. Rajput taught certification/continuing education classes pursuant to
PADEP's program.
28. The interim certification program (Document No. 383-2300-001) identified a need for
private trainers to assist with providing training.
a. PADEP approved private training providers interested in providing training in the water
and wastewater operator training program.
b. Any provider interested in providing training to water and/or wastewater operators for
certification or continuing education must first be approved as a sponsor by PADEP.
29. PADEP's provider training manual details provider (sponsor) responsibilities which
include, in part, the following:
a. Sponsors have provisions for administrative services adequate to deliver training
courses or events in a proper and efficient manner, maintain records, and meet the
reporting requirements of PADEP.
b. Sponsors use qualified instructors who have demonstrated experience or are considered
knowledgeable by their peers in the subject area. The sponsor is responsible for
selecting, supervising, and whenever appropriate, dismissing instructors.
c. Sponsors have an appropriate advertising method in place. Sponsors are not to advertise
or otherwise promote a training activity as approved for Pennsylvania water and
wastewater pre -certification or continuing education credit until it has been approved
in writing. Sponsors may, however, advertise a course using language that reflects the
application status, such as "pending DEP approval" or "applied for DEP approval."
Training activity titles and descriptions should accurately represent the content and
training techniques of the activity. Correspondence course should be clearly advertised
as such. Courses on the Web that are merely online correspondence courses may not
be advertised as Web -based courses.
d. Sponsors develop and apply effective procedures for attendance verification and
tracking.
e. For training courses, sponsors employ adult learning principles and apply assessment
processes that relate to the course objectives. Activities that provide a means of
determining if participants have achieved the learning outcomes are appropriate (See
Section 9, Course Guidelines). DEP does not consider sell -assessment as a satisfactory
assessment process.
f Sponsors use appropriate educational resources for students (i.e., textbooks, handouts).
Sponsors are expected to use adequate physical facilities for training.
Ra' ut, 20-029
Page 9
g. Sponsors agree to keep all records pertaining to each training event for at least three
(3) years following completion of the event. These records should be readily available
to DEP upon request.
h. Sponsors develop and apply reliable course evaluation procedures.
i. Sponsors develop and apply comprehensive internal audit procedures for instructors
and course materials.
j. Sponsors take into consideration the results of course evaluations and internal and DEP
audits when making modifications to courses and training programs.
k. Sponsors' courses and related services conform to applicable provisions of the
Americans with Disabilities Act of 1990.
1. Sponsors agree that representatives of DEP and/or its designees, in an official capacity,
may:
i. Audit any training activity;
ii. Review course materials, instructors' presentations, instructors'
qualifications, course records, records of examination and attendance
rosters;
iii. Attend any course for the purpose of an audit without paying any fees.
in. Auditors will not be hindered, obstructed, delayed, prevented, or interfered with while
conducting or attempting to conduct audit or review activities. Audits will be conducted
with minimum disruption and will in no way interfere with course delivery.
30. Following PADEP's implementation of Document Number 383-2300-002 interim
continuing education requirements, Dr. Rajput, as a course instructor for S2A, received
approval from PADEP to provide continuing education classes.
31. Pursuant to PADEP's implementation of the interim program, S2A submitted a sponsor
application signed by KA's President, Saroj Rajput, on or about September 3, 2004
seeking approval for S2A to serve as a training provider/administrator for mandated
PADEP training courses.
a. The cover letter submitted to PADEP with the application was dated September 3, 2004
and signed by Dr. Rajput.
b. S2A's instructor qualification verification form identifying Vijay S. Rajput as the
instructor, was signed by S2A's President, Saroj Rajput, and dated August 30, 2004,
Dr. Rajput also signed at the end of the form verifying that the qualifications listed in
the form were correct.
c. The S2A application included an attachment identifying Dr. Rajput as the course
developer and instructor.
d. The attachment stated that Dr. Rajput is a part-time classroom instructor for
Environmental Training Partnership, Department of Environmental Protection, and
taught courses to both water treatment plant operators and wastewater plant operators.
Rajput, 20-029
Page 10
32. The sponsor (provider) application submitted by S2A provided the following:
Provider Name:
S2A Technologies, Inc.
Address:
37 Pickering Bend
Langhorne, PA 19047
Contact Person:
Vijay Rajput, PhD, P.E.
Email Address:
raiputs37@aol.com
Function:
Training Partner
Instructor
Course Developer
Administrator
Training Type:
Corporation
Accreditation:
None
Types of Instruction Material:
Student Handouts
Course Delivery Methods:
Lecture
Group Participation
Demonstrations
Hands on exercise
33. S2A's application further included the following regarding course development, tracking,
and achievement:
Course will be developed and taught by Dr. Vijay S. Rajput, Ph.D., P.E. Completed
Instruction Qualification Verification form is attached with this application. Dr. Rajput
is a part time classroom instructor for the Environmental Training Partnership,
Department of Environmental Protection and has taught courses to both Water
Treatment Plant operators and Wastewater Treatment Plant operators.
b. The application did not identify the location where courses would be taught.
34. On or about September 10, 2004, S2A received approval from PADEP to serve as a sponsor
(provider) of certification and continuing education instruction.
35. Dr. Rajput began instructing PADEP water treatment and wastewater courses on behalf of
S2A during the 2005 calendar year.
36. S2A listed available courses, course descriptions, and contact information on the PADEP's
Earthwise Portal for Operator Certification and Security Course Providers webpage
(http:Heai-thwise.dep.state...pa.us/edu/coursedetaii.aspx).-
37. The following S2A course list, course identification numbers, and course descriptions are
listed on the PADEP's Earthwise Portal for Operator Certification:
a. Operations of Wastewater Treatment Plants Volume I -- 36 hours. Course ID# - 1176.
"This course is a basic intermediate level in wastewater treatment and provides the
attendee with an overview of various wastewater treatment processes and importance
of wastewater treatment."
b. Operations of Wastewater Treatment Plants Volume II — 36 hours. Course ID# - 1177.
"This course is an intermediate level in wastewater treatment and provides the attendee
Rajput, 20-029
Page I
with an overview of the activated sludge process, biosolids handling, laboratory
procedures, wastewater treatment plant effluent disposal, plant safety, application of
computers for plant operation and maintenance, records and report writing, and plant
maintenance."
Problem Solving Mathematics for Wastewater Treatment Plant Operators ---- 36 hours.
Course ID# - 1178. "To provide wastewater system operators with basic mathematics
concepts and calculations necessary for wastewater system operators. This course
includes mathematic exercises and prepares the student for certification examinations.
This course is suitable for both entry level operators as well as for those operators who
have not had significant exposure to mathematics in their jobs."
d. Wastewater Collection Systems — 18 hours. Course ID# - 3937. "The purpose of this
course is to provide information and design, construction, operation and maintenance
of wastewater collection systems and provide the student with classroom training. The
use of pumps and basic hydraulics, metering devices as they pertain to wastewater
collection and conveyance systems will discussed."
e. Water Treatment Plant Operation Volume I — 36 hours. Course ID# - 1174. "The
purpose of this course is to train operators in the safe and effective operation and
maintenance of drinking water treatment plants and emphasizes the knowledge needed
by an operator in working in a conventional water treatment plant used for treating
surface waters."
f. Water Treatment Plant Operation Volume II — 36 hours. Course ID# - 1175. "This
course is a continuation of Volume I and emphasizes the knowledge and skills needed
by operators of conventional surface water treatment plants. This course also includes
information on administration and management of water treatment plant."
g. All of the courses were instructed by Dr. Rajput.
38. The primary contact for all listed courses for S2A listed on the PADEP's Earthwise Portal
for Operator Certification is Vijay Rajput, Ph.D., P.E.
39, Dr. Rajput included his email address and telephone number on each course description.
40. The telephone number listed on the contact information is the residential telephone number
for the Rajput family.
41. S2A created a webpage httpJ/s2atechnologies.corn to advertise available services.
a. A link was included on S2A's website that listed available PADEP courses provided
by S2A.
b. The course schedule did not list the cost of the courses or the location where classes
would be taught.
Rajput, 20-029
Page 12
THE FOLLOWING FINDINGS RELATE TO VIJAY RAJPUT'S USE OF THE
LBCJMA'S STORAGE SHED/COMMON AREA FOR THE PRIVATE PECUNIARY
BENEFIT OF S2A, A BUSINESS WITH WHICH HE IS ASSOCIATED.
42. Dr. Rajput began instructing certification and continuing education classes pursuant to
the September 2004 agreement with PADEP in or about 2005.
a. Dr. Rajput Instructed these courses under the name S2A.
b. S2A charged a fee for those attending any of the courses he instructed on behalf of
S2A.
43. Since 2005, Dr. Rajput has instructed classes for employees of the following authorities
and/or entities with water and wastewater treatment facilities:
a. LBCJMA
b. Morrisville Municipal Authority ("MMA")
c. Township of Falls Authority ("TOFA")
44. Dr. Rajput utilized the storage shed/common area of the LBCJMA to instruct courses on
behalf of S2A for employees of LBCJMA, MMA and TOFA.
a. The storage shed is located on LBCJMA's property at 60 Main Street, Tullytown, PA
19007.
b. The shed originally was used for storage and approximately half of the shed continues
to be used for storage to date.
c. Sometime prior to Dr. Rajput being appointed Managing Director, approximately half
of the building was converted into an area for LBCJMA employees to receive plant
safety training and other events.
d. The storage shed/common area when not in use is secured with a master lock pad lock.
e. After being hired by LBCJMA, Dr. Rajput received a key to the storage shed/common
area.
f. Currently, LBCJMA Water Plant Superintendent Fred Walcott and Assistant
Superintendent Michael Hoelzle, subordinate employees to Dr. Rajput, also have a key
to the storage shed/common area.
45. One half of the LBCJMA storage shed/common area is set up as a meeting space, equipped
with electricity, tables, chairs, and a white erase board.
a. The space is large enough to accommodate a class size of 8-10 people.
46. After former Managing Director Mr. Bauer passed away, Janet Keyser was appointed as
Managing Director, who also was aware that Dr. Rajput taught PADEP required courses
utilizing the storage shed/common area, and Ms. Keyser never raised any concerns
Rajput, 20-029
Page 13
regarding a conflict of interest in his use of the storage shed/common area nor asked him
to pay a fee or charge.
47. No formal vote was ever taken by the LBCJMA Board of Directors to authorize Dr. Rajput
to utilize the storage shed/common area to instruct PADEP courses through S2A, without
requiring a fee or charge to be paid.
48. No memorandum of understanding or other formal agreement was ever approved by the
LBCJMA Board of Directors authorizing Dr. Rajput to utilize the storage shed/common
area for the purpose of instructing courses for S2A.
49. The LBCJMA Board members were made aware, according to interviews of multiple
witnesses that were Board members at the time and as reflected in LBCJMA Board
Meeting Minutes, that Dr. Rajput used the storage shed/common area of the LBCJMA to
teach PADEP required courses.
50. On February 28, 2013, the LBCJMA's Solicitor, James A. Downey, III, Esquire, sent a
letter to a former LBCJMA employee, Patricia Koszarek, opining that Dr. Rajput and/or
S2A's teaching classes did not create an appearance of impropriety and was not a conflict
of interest.
51. During a meeting of the LBCJMA's Board of Directors on October 19, 2021, as reflected
in the Board's Meeting Minutes of that date, Solicitor Downey appeared and reported he
had previously opined in his letter of February 28, 2013 responding to the employee's email
that Dr. Rajput's teaching classes was not a conflict of interest.
52. After Dr. Rajput was appointed Managing Director in or around November 2009, Dr.
Rajput continued to utilize the LBCJMA's storage shed/common area to teach PADEP
required courses on behalf of S2A, without Dr. Rajput and/or S2A paying a fee or charge.
53. The Pennsylvania Municipal Authorities Act Section 5614(e) provides that "no member of
the authority or officer or employee of the authority may directly or indirectly be a party
to or be interested in any contract or agreement with the authority of the contract or
agreement establishes liability against or indebtedness of the authority. Any contract or
agreement made in violation of this subsection is void, and no action may be maintained
on the agreement against the authority."
54. The courses offered by S2A were listed on both the LBCJMA wastewater plant bulletin
board and the water plant bulletin board to advise LBCJMA employees of available courses
offered by S2A.
a. A sign-up sheet with the course schedule was also posted on the LBCJMA
wastewater plant and water plant bulletin boards.
b. Interested LBCJMA employees could express interest by signing the sign-up sheet.
55. The LBCJMA does not require any employees to take PADEP courses offered by S2A and
taught by Dr. Rajput.
Rajput, 20-029
Page 14
56. LBCJMA employees who maintain a PADEP operator's license are required to complete
continuing education courses to maintain their license.
57. LBCJMA employees receive an annual $3,000.00 bonus from the LBCJMA for being
licensed by the PADEP as water and/or wastewater treatment operators and maintaining
their continuing education requirements.
58. After LBCJMA employees register to take one of the classes offered by S2A, all registrants
are required to complete a "registration form" that includes their name, address, phone
number, email address, course name, course identification number, and the total cost of the
course.
a. Costs for courses were set by S2A.
59. LBCJMA allows employees to request the LBCJMA to pay for work -related education
and/or seek reimbursement from the LBCJMA for fees paid by the employees.
60. To obtain payment of fees or reimbursement, LBCJMA employees are required to
complete an "educational assistance program form" that is submitted to the LBCJMA.
a. If the LBCJMA employee passes the course, the LBCJMA would pay for the costs
to take the course or reimburse the employee.
b. The form includes the attendee's name, date of the course, course instructor,
location of the course, course title, total hours of the course, course number, and
the amount of the course.
c. The location listed on educational assistance forms submitted by LBCJMA
employees to take courses taught by Dr. Rajput on behalf of S2A at the storage
shed/common area was Tullytown, PA.
d. Tullytown, PA is the location of the LBCJMA storage shed.
61. The completed educational assistance program forms are submitted to the Plant Manager's
office, and then the form is transmitted to the Finance Manager, Colleen Dunn.
62. Thereafter, a requisition form is created by the LBCJMA finance office for approval of
payment for continuing education courses for Authority employees.
a. The requisition form includes the name of the vendor (KA), the vendors address,
a Purchase Order (P.O.) number, the name of the course, the course attendee,
location of the course (water plant training shed), start date, the course duration,
course instructor (Vijay Rajput), the purpose (training), and the cost of the course.
b. The requisition forms are signed by LBCJMA Finance Manager, Colleen Dunn.
c. While the form contains a space for the Managing Director's signature, Dr. Rajput
did not sign any forms related to fees charged by S2A and refrained from having
Rajput, 20-029
Page 15
any involvement in approving payments of fees paid by the LBCJMA for classes
offered through S2A taken by LBCJMA employees.
d. LBCJMA's Finance Department then generated an accounts payable ledger,
including all requisitions to be paid, that was presented by Ms. Dunn at the monthly
meeting of the LBCJMA's Board of Directors for approval.
e. The LBCJMA's Board of Directors approved payment of all fees paid for courses
taken by LBCJMA employees, including those charged by S2A for LBCJMA
employees to take classes taught by Dr. Rajput.
63. Records provided to the Investigative Division of the State Ethics Commission by the
LBCJMA confirm that Rajput instructed the following classes between 2016 and 2020 at
the LBCJMA facility.
Course Dates
Instructor
Vendor
Location
Course Title
1/16-4/16
Rajput
S2A
LBCJMA Shed/Common Area
WWTP 1
3/16-5/16
Rajput
S2A
LBCJMA Shed/Common Area
WW Collections
4/11/16-4/14/16
Rajput
S2A
LBCJMA Shed/Common Area
Securing Water/WW
12/16-1/17
Rajput
S2A
LBCJMA Shed/Common Area
WW Collections
10/17-12/17
Rajput
S2A
LBCJMA Shed/Common Area
Prob Solv. Math
7/18/18-7/19/18
Rajput
S2A
LBCJMA Shed/Common Area
Securing Water/WW
9/18-12/18
Rajput
S2A
LBCJMA Shed/Common Area
Water Treat Vol 1
9/18-10/18
Rajput
S2A
LBCJMA Shed/Common Area
WW Collections
6/17/20-6/18/20
Rajput
S2A
LBCJMA Shed/Common Area
Securing Water/WW
64. Employees from MMA and TOFA attended in addition to LBCJMA employees and S2A
received payment totaling $13,960.00 from the other two authorities.
65. The courses instructed by Dr. Rajput took place during non -Authority business hours,
usually 5:00 p.m. until 8:00 p.m.
66. Between February 2016 through November 2018, S2A received $15,470.00 in payments
from the LBCJMA for courses taught by Dr. Rajput for LBCJMA employees
a. The payments were issued to S2A for PADEP certification courses instructed by
Dr. Rajput at the LBCJMA water plant shed/common area.
67. Dr. Rajput does not dispute that he received an indirect private pecuniary benefit as a result
of the payments made to S2A for classes Dr. Rajput taught for LBCJMA, MMA, and
TOFA employees at the shed/common area.
Rajput, 20-029
Page 16
69. Dr. Rajput also does not dispute that S2A is a business with which he is associated, and
that S2A received a direct private pecuniary benefit as a result of the fees paid to S2A for
classes Dr. Rajput taught for LBCJMA employees at the shed/common area.
69. Following the 2018 calendar year, S2A required that LBCJMA employees pay S2A
directly to attend courses, and the LBCJMA employees would then obtain reimbursement
for the fees paid to S2A from LBCJMA.
a. Employees would register for courses and pay for the cost of the course directly to
S2A.
b. Once the course was successfully completed and the employee passed, the
employee could apply and could receive for reimbursement by LBCJMA, if
approved by LBCJMA.
70. S2A received a total of $15,920.00 in payments from the LBCJMA and LBCJMA
employees and $13,960.00 in payments from the MMA and TOFA collectively for PADEP
courses instructed by Dr. Rajput at the water plant training shed from calendar years 2016
through 2020.
THE FOLLOWING FINDINGS RELATE TO VIJAY RAJPUT'S DEFENSE THAT HIS
USE OF THE "STORAGE SHED" TO TEACH PADEP REQUIRED CLASSES ON
BEHALF OF S2A WAS APPROVED BY THE LBCJMA's FORMER MANAGING
DIRECTOR AND LBCJMA's BOARD OF DIRECTORS FOR THE BENEFIT OF
LBCJMA, MMA, TOFA AND THEIR EMPLOYEES.
71. The following findings are related to Dr. Rajput's defense that his actions in using the
"storage shed" .to teach PADEP required classes on behalf of S2A for employees of
LBCJMA, MMA and TOFA did not constitute a conflict of interest in violation of §1103
of the Ethics Act, which Dr. Rajput contends he would have offered evidence of at the
hearing of this matter. These are not the findings of the Investigative Division and remain
disputed in the case:
a. At some time before Dr. Rajput was hired by the LBCJMA, the LBCJMA set up
tables, chairs and a white erase board in the "storage shed" located on the
LBCJMA's premises in Tullytown, PA and began using half of the space as a
common area for meetings, training and other events.
b. The storage shed was originally built exclusively for storage.
c. The "storage shed" has electricity, but no central heating or air conditioning and no
internet access.
d. LBCJMA has at times over the years permitted outside vendors and other
organizations to utilize the space for employee training.
Rajput, 20-029
Page 17
e. LBCJMA has never charged rent or a fee to anyone to utilize the space.
f Dr. Rajput has been teaching PADEP required courses on behalf of S2A for
LBCJMA employees since in or around 2005.
g. Prior to 2005, Dr. Rajput taught classes on behalf of the PADEP directly.
h. Dr. Rajput and S2A have never exclusively taught courses utilizing LBCJMA's
storage shed space. To the contrary, Dr. Rajput and S2A have taught PADEP
required courses at other locations, without requiring payment of a fee or charge,
including his residence/home office, the MMA, the public library, and a community
center.
At all times relevant, Dr. Rajput and S2A had available classroom space to teach
courses, including a finished basement available in their residence / office that was
large enough to host ten (10) students comfortably, equipped with electricity,
internet access, HVAC, chairs and desks. Dr. Rajput and S2A also had access to
other teaching spaces that were available free of charge, including public libraries
and community centers.
j. In or around 2002, at the request of the then Managing Director, August ("Gus")
Baur (deceased), Dr. Rajput began teaching classes utilizing the storage shed space
for the convenience of LBCJMA's employees and other local municipal
employees.
k. Dr. Rajput and S2A had the express authority and permission to utilize the space
from the former Managing Directors, Mr. Baur and then later his successor, Janet
Keyser, took over the position after Mr. Baur passed away in 2003 and did not raise
any conflict of interest concerns about Dr. Rajput's teaching classes at the shed and
she did not ask him to pay a fee or charge.
1. Ms. Keyser also sent e-mails and memoranda to Dr. Rajput inquiring about and
requesting that he schedule classes for LBCJMA employees to attend at the shed.
in. During that time period, Dr. Rajput was a subordinate of the Managing Director
and did not hold a position within LBCJMA that granted him the ability to approve
or disapprove any such decision.
n. Mr. Baur and Ms. Keyser, in their respective capacities as LBCJMA's Managing
Directors, had the authority to approve of S2A's use of the storage shed on behalf
of LBCJMA's Board of Directors.
o. Because Mr. Baur and Ms. Keyser were so empowered, it was not necessary for the
LBCJMA's Board of Directors to formally approve of S2A's use of the "storage
shed."
Rajput, 20-029
Page 18
p. Moreover, Ms. Keyser also served on LBCJMA's Board of Directors from January
2011 until 2015, and elected not to request a formal vote of the Board to approve
of Dr. Rajput's use of the shed to teach classes.
q. As reflected in the Board of Directors' Meeting Minutes, dated April 23, 2015,
LBCJMA's Board of Directors was fully aware that S2A was utilizing the storage
shed for the purpose of teaching classes since at least the date of the aforementioned
Board meeting, if not earlier than that date, and never raised any concerns.
r. LBCJMA has never been unable to utilize the space for other work -related purposes
because of S2A's use of the storage shed and the LBCJMA has not incurred any
financial losses from Dr. Rajput's use of the shed.
s. All of S2A's classes have always been offered outside of LBCJMA's regular office
business hours.
t. At no time relevant did LBCJMA's former Managing Director and/or LBCJMA's
Board of Directors request that S2A pay any fee for the use of the storage shed
space to teach classes.
u. Dr. Rajput asked Mr. Baur specifically at the time he began utilizing the storage
shed to teach courses, if he would be required to pay a fee to LBCJMA for the use
of the space and Mr. Baur responded that it would be an "honor and privilege" for
LBCJMA to host PADEP approved courses. Mr. Baur also stated it would benefit
LBCJMA employees by making the classes more accessible to them, as well as the
surrounding municipalities as there were no PADEP approved classes being offered
in the area at that time. He also stated that LBCJMA did not charge other vendors
that teach training classes at LBCJMA's premises for employees to utilize its space,
including the storage shed.
v. Dr. Rajput had no authority to determine whether S2A would be required to pay
rent or a fee to utilize the storage shed space.
w. Moreover, S2A charges a lower rate for LBCJMA's employees and other attendees
to attend its classes than other vendors in Pennsylvania, who at the time were not
offering classes in the area. Hence, LBCJMA received an added economic benefit
by having S2A teach classes, in addition to the convenience for its employees and
cost saving to LBCJMA, by avoiding employees losing time from work to attend
classes at other locations or possibly running the risk of falling behind on their
continuing education requirements.
x. Permitting S2A to use the storage shed space to teach classes also encouraged more
LBCJMA employees to obtain their water and wastewater treatment operator
licenses, as well as to ensure they remained compliant with continuing education
requirements.
y. LBCJMA's employees have also never been required to attend classes taught by
Dr. Rajput and S2A at any time. LBCJMA's employees are free to take classes
Rajput, 20-029
Page 19
with any vendor of their choice and they will be reimbursed for the classes in
accordance with LBCJMA's policies.
z. Since Dr. Rajput began teaching classes on behalf of S2A for LBCJMA's
employees in 2005, Dr. Rajput has consistently taken appropriate action to attempt
to avoid any appearance of impropriety and/or a potential conflict of interest. In
fact, as evidenced by Dr. Rajput's e-mail exchange with LBCJMA's former
Managing Director, Ms. Keyser, dated June 22, 2007, Dr. Rajput explicitly stated
that he would not be involved in any decision -making with regard to payment of
fees to S2A for that reason.
aa. After assuming his position as Managing Director, Dr. Rajput has also continued
to avoid having direct involvement in decision -making with regard to payment of
fees to S2A for LBCJMA employees to attend classes.
bb. Dr. Rajput and/or S2A do not have any contract with LBCJMA to teach courses on
behalf of S2A. Nor does Dr. Rajput receive any payments from LBCJMA for the
courses he teaches on behalf of S2A.
cc. Dr. Rajput disclosed S2A as a direct or indirect source of income in his annual
Financial Statements submitted to the State Ethics Commission.
dd. Dr. Rajput has never had any involvement in the process for approving
reimbursements for LBCJMA employees to take courses through S2A.
cc. Moreover, LBCJMA's Board of Directors is responsible for approving all
payments made to any third -party vendors, including payments made in relation to
courses taught on behalf of S2A. Dr. Rajput has no involvement in the Board's
decision whether to approve or disapprove such payments.
ff. The LBCJMA's Board of Directors has never posed any concerns to Dr. Rajput
about his use of the shed to teach courses on behalf of S2A.
gg. On October 19, 2021, in a Meeting of the Board of Directors of LBCJMA,
LBCJMA's Solicitor, James Downey, III, Esq. memorialized his opinion from
February 2013 that Dr. Rajput had not engaged in any conduct that constituted a
conflict of interest and/or an appearance of impropriety by teaching classes.
hh. Dr. Rajput understood Solicitor Downey's opinion as set forth in his February 28,
2013 letter and confirmed at the October 19, 2021 LBCJMA Board Meeting that
his actions did not constitute a conflict of interest and/or an appearance of
impropriety to include Dr. Rajput's use of the shed.
ii. Solicitor Downey at all times relevant was fully aware of Dr. Rajput's teaching of
classes using the "storage shed" on behalf of S2A, as well as Dr. Rajput's other
consulting work on behalf of S2A.
Rajjput, 20-029
Page 20
J. Solicitor Downey regularly provides Dr. Rajput with legal advice concerning
matters relating to his position as Managing Director of LBCJMA; and therefore,
Dr. Rajput also reasonably relied upon Solicitor Downey to inform him if any
conduct on his part in teaching classes and/or performing consulting work on behalf
of S2A constitutes a conflict of interest and/or otherwise violated the Act.
kk. Solicitor Downey has never informed Dr. Rajput and/or LBCJMA's Board of
Directors that any conduct on the part of Dr. Rajput and S2A constitutes a conflict
of interest and/or otherwise violated the Act.
11. In or around 2016, Dr. Rajput provided a copy of Solicitor Downey's February 28,
2013 letter to a representative of the Commission's Investigative Division.
mm.Dr. Rajput has at all times relevant acted in good faith reliance upon the opinion
of LBCJMA's Solicitor that his actions do not in any way constitute a conflict of
interest and/or otherwise violated the Act.
nn. The LBCJMA's current Board of Directors has also determined, as confirmed in
the Affidavit of Chairperson, Joseph Glasson, dated June 29, 2022, that Dr. Rajput's
alleged conduct in using the "storage shed" to teach PADEP classes for LBCJMA
employees and/or other municipal employees did not constitute a conflict of
interest.
oo. As confirmed by Chairperson Glasson's Affidavit, the LBCJMA's current Board
of Directors has also determined that Dr. Rajput's alleged conduct did not violate
the terms of his employment and/or the LBCJMA's policies.
pp. The LBCJMA's current Board of Directors has been made aware of the
Investigative Division's allegations in this case and has not expressed any desire
for Dr. Rajput and/or S2A to pay any fee or charge for the use of the "storage shed"
to teach PADEP classes for LBCJMA employees and/or other municipal
employees.
III. DISCUSSION:
As the Managing Director of the Lower Bucks County Joint Municipal Authority
("LBCJMA") since January 22, 2010, Respondent Vijay Rajput, Ph.D., P.E., also referred to herein
as "Respondent," "Respondent Rajput," "Dr. Rajput," and "Rajput," 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.
The allegations are that Dr. Rajput violated the Ethics Act:
(1) when he utilized the authority of his public position for the pecuniary benefit of
himself, his spouse, and/or a business with which he and/or his spouse is associated,
namely S2A Technologies, Inc., ("KA") when he accessed and utilized the
physical facilities of the LBCJMA, specifically the training shed/room, absent any
RMut, 20-029
Page 2I
fee or charge, for the purpose of conducting educational/training classes which
were provided by himself/S2A Technologies, Inc. to students for a fee/charge;
(2) when he provided consulting services for S2A Technologies, Inc. during Authority
business hours and directed/authorized Authority personnel to provide consulting
services for S2A Technologies, Inc. during Authority business hours resulting in a
private pecuniary benefit to himself, his spouse, and/or a business with which he
and/or his spouse is associated; and
(3) when he failed to make full disclosure of any financial interest in any legal entity
engaged in business for profit, namely identify the percentage of ownership/interest
in S2A Technologies, Inc.
Per the Consent Agreement, the Investigative Division has exercised its prosecutorial
discretion to nolle pros the allegations set forth in paragraphs (2) and (3) above in consideration
of the remedial steps and other representations and warranties agreed to by Respondent in the
Consent Agreement. We therefore need address those particular allegations only to the extent that
they are relevant to the overall resolution of this matter.
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.
Rajput, 20-029
Page 22
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 I I03(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.
Section 1 I04(a) of the Ethics Act provides that each public official/public employee must
file a Statement of Financial Interests ("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. Section 1105(b)(9) of the Ethics Act requires
the filer to disclose on the SFI any financial interest in any legal entity engaged in business for
profit.
As noted above, the patties 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.
Dr. Rajput has been employed by the Lower Bucks County Joint Municipal Authority
("LBCJMA" or "Authority") since March 16, 2000. Dr. Rajput was initially hired by the LBCJMA
as a Staff Engineer before being promoted to Director of Operations in or around 2005. Dr. Rajput
was named Acting Managing Director of the LBCJMA in or around November 2009. The
LBCJMA Board of Directors unanimously approved a five year contract with Dr. Rajput as
Authority Managing Director and Director of Operations on January 22, 2010. Dr. Rajput's
contract was renewed for an additional five years effective February 26, 2015 and was renewed
again on February 26, 2020 for an additional five year period by unanimous vote of the Board. Dr.
Rajput also serves as Supervisor for LBCJMA's Wastewater Treatment Plant Laboratory and
Water Treatment Plant Laboratory. Rajput's specific job duties are listed in detail in Finding of
Fact Number 10.
Dr. Rajput's professional credentials include registration as a Professional Engineer and
licensure as such in Pennsylvania, Delaware, New Jersey, and Wisconsin. Dr. Rajput also is
licensed as a water system operator and wastewater system operator through the Pennsylvania
Department of Environmental Protection ("PADEP").
Dr. Rajput's five year employment agreement extension with the LBCJMA effective
February 26, 2015, and renewed on February 26, 2020, contains various terms, duties, and
responsibilities. Specifically, Dr. Rajput's employment agreement provides, as outlined in
paragraph 2 of the employment agreement, that Dr. Rajput agrees to work as a full-time employee
and is required to work a minimum of forty (40) hours per week and is entitled to all of the benefits
Ra' Lit, 20-029
Page 23
set forth in the Collective Bargaining Agreement ("CBA") for the Supervisor/Technical Unit of
the LBCJMA.
Dr. Rajput's employment agreement further provides that Dr. Rajput shall be paid by the
LBCJMA as a salaried employee and receive an annual salary in the amount specified in the
agreement. Dr. Rajput's employment with the LBCJMA is not governed by the CBA, except with
regard to the benefits set forth in the CBA for the Supervisor/Technical Unit, The CBA for the
Supervisor/Technical Unit includes, among other benefits, provisions for compensatory time,
vacation, sick leave, and leaves of absence. While the CBA includes business hours of the
LBCJMA, Dr. Rajput is considered a flexible schedule employee as he is expected at times to
perform work as Managing Director outside of LBCJMA's normal business hours.
Dr. Rajput's employment contract, renewed on February 26, 2015 and February 26, 2020,
contains terms regarding supplemental employment. The LBCJMA, in paragraph 9 of Dr. Rajput's
employment agreement, acknowledged Rajput's outside income sources with regard to teaching
and consulting and authorized those activities to continue. The Authority further acknowledged
that Dr. Rajput does some teaching and technical support under the auspices of the PADEP, and
that those services do not constitute a conflict of interest with the LBCJMA's interests.
S2A Technologies, Inc. ("KA") is a for profit corporation which provides, among other
services, training and education courses required by the PADEP for wastewater and water
treatment plant operators licensed by PADEP. S2A's website describes itself as a "full service
engineering company specializing in consulting and implementation services for environment and
infrastructure." S2A is owned by Dr. Rajput's wife, and Dr. Rajput teaches and/or provides
training courses and consulting services on behalf of S2A.
The PADEP's mission includes protection of Pennsylvania's water, air, and land from
pollution. This includes the licensing of water and wastewater treatment facilities and operators.
The PADEP has established requirements for licensing and continuing education requirements for
valid operators. Licensing, training, and education were administered by PADEP prior to 2004.
Operators seeking certification and mandatory continuing education classes were required to
directly schedule through PADEP. Prior to 2004, Dr. Rajput taught certification/continuing
education classes pursuant to PADEP's program.
Beginning in 2004, PADEP contracted with vendors to provide training programs. PADEP
approved private training providers interested in providing training in the water and wastewater
operator training program. Any provider interested in providing training to water and/or
wastewater operators for certification or continuing education must first be approved as a sponsor
by PADEP. Any authorized provider must follow the training manual responsibilities established
by PADEP.
On or about September 3, 2004, S2A submitted a sponsor application signed by S2A's
president, Saroj Rajput, seeking approval for S2A to serve as a training provider/administrator for
mandated PADEP training courses. The cover letter submitted to PADEP with the application was
dated September 3, 2004 and signed by Dr. Rajput. S2A's instructor qualification verification form
identifying Dr. Rajput as the instructor, was signed by S2A's president, Saroj Rajput, and dated
Ra' ut, 20-029
Page 24
August 30, 2004. Dr. Rajput also signed the form verifying that the qualifications listed in the form
were correct. The S2A application included an attachment identifying Dr. Rajput as the course
developer and instructor.
Specifically, the sponsor (provider) application submitted by S2A provided the following:
Provider Name:
Address:
Contact Person:
Email Address:
Function:
Training Type:
Accreditation:
Types of Instruction Material
Course Delivery Methods:
S2A Technologies, Inc.
37 Pickering Bend
Langhorne, PA 19047
Vijay Rajput, PhD, P.E.
rainuts37@aol.com
Training Partner
Instructor
Course Developer
Administrator
Corporation
None
Student Handouts
Lecture
Group Participation
Demonstrations
Hands on exercise
The application did not identify the location where courses would be taught.
On or about September 10, 2004, S2A received approval from PADEP to serve as a sponsor
(provider) of certification and continuing education instruction. Dr. Rajput began instructing
PADEP water treatment and wastewater treatment courses on behalf of S2A during the 2005
calendar year. S2A listed available courses, course descriptions, and contact information on the
PADEP's Earthwise Portal for Operator Certification and Security Course Providers webpage
(http://earthwise.dep.state.pa.us/edu/coursedetail.aspx). The list included 6 different multi -hour
courses, all of which were taught by Dr. Rajput. The primary contact for all listed courses for S2A
is Dr. Rajput. Dr. Rajput included his email address and telephone number on each course
description. S2A created a webpage http://s2atechnologies.com to advertise available services. The
course schedule did not list the cost of the courses or the location where classes would be taught.
Dr. Rajput began instructing certification and continuing education classes pursuant to the
September 2004 agreement with PADEP in or about 2005. Dr. Rajput instructed these courses
under the name S2A, and S2A charged a fee for those attending any of the courses he instructed
on behalf of S2A.
Since 2005, Dr. Rajput has instructed classes for employees of the following authorities
and/or entities with water and wastewater treatment facilities: (1) LBCJMA; (2) Morrisville
Municipal Authority ("MMA"); and (3) Township of Falls Authority ("TOFA").
Dr. Rajput utilized the storage shed/common area of the LBCJMA to instruct courses on
behalf of S2A for employees of LBCJMA, MMA and TOFA. The storage shed is located on
LBCJMA's property at 60 Main Street, Tullytown, PA 19007. The shed originally was used for
storage and approximately half of the shed continues to be used for storage to date.
Rajput, 20-029
Page 25
Sometime prior to Dr. Rajput being appointed Managing Director, approximately half of
the storage building was converted into an area for LBCJMA employees to receive plant safety
training and hold other events. One half of the LBCJMA storage shed/common area is set up as a
meeting space, equipped with electricity, tables, chairs, and a white erase board. The space is large
enough to accommodate a class size of 8-10 people. The storage shed/common area when not in
use is secured with a master lock pad lock. After being hired by LBCJMA, Dr. Rajput received a
key to the storage shed/common area.
After former Managing Director Mr. Bauer passed away, Janet Keyser was appointed as
Managing Director, and she also was aware that Dr. Rajput taught PADEP required courses
utilizing the LBCJMA storage shed/common area. Ms. Keyser never raised any concerns regarding
a conflict of interest in his use of the storage shed/common area nor asked him to pay a fee or
charge.
Although LBCJMA Board members were aware of Dr. Rajput's use of the storage
shed/common area to teach PADEP required courses, no formal vote was ever taken by the
LBCJMA Board of Directors to authorize Dr. Rajput to utilize the storage shed/common area to
instruct PADEP courses through S2A, without requiring a fee or charge to be paid. No
memorandum of understanding or other formal agreement was ever approved by the LBCJMA
Board of Directors authorizing Dr. Rajput to utilize the storage shed/common area for the purpose
of instructing courses for S2A.
On February 28, 2013, the LBCJMA's Solicitor, James A. Downey, III, Esquire, sent a
letter to a former LBCJMA employee, Patricia Koszarek, opining that Dr. Rajput and/or S2A's
teaching classes did not create an appearance of impropriety and was not a conflict of interest.
During a meeting of the LBCJMA's Board of Directors on October 19, 2021, Solicitor Downey
appeared and reported he had previously opined in his letter of February 28, 2013 responding to
the employee's email that Dr. Rajput's teaching classes was not a conflict of interest.
After Dr. Rajput was appointed Managing Director in or around November 2009, Dr.
Rajput continued to utilize the LBCJMA's storage shed/common area to teach PADEP required
courses on behalf of S2A, without Dr. Rajput and/or S2A paying a fee or charge. The courses
offered by S2A were listed on both the LBCJMA wastewater plant bulletin board and the water
plant bulletin board to advise LBCJMA employees of available courses offered by S2A. A sign-
up sheet with the course schedule was also posted on the LBCJMA wastewater plant and water
plant bulletin boards. Interested LBCJMA employees could express interest by signing the sign-
up sheet.
The LBCJMA does not require any employees to take PADEP courses offered by S2A and
taught by Dr. Rajput. LBCJMA employees who maintain a PADEP operator's license are required
to complete continuing education courses to maintain their license. LBCJMA employees receive
an annual $3,000.00 bonus from the LBCJMA for being licensed by the PADEP as water and/or
wastewater treatment operators and maintaining their continuing education requirements.
Rajput, 20-029
Page 26
After LBCJMA employees register to take one of the classes offered by S2A, all registrants
are required to complete a "registration form" that includes their name, address, phone number,
email address, course name, course identification number, and the total cost of the course. Costs
for courses were set by S2A. LBCJMA allows employees to request the LBCJMA to pay for work -
related education and/or seek reimbursement from the LBCJMA for fees paid by the employees.
To obtain payment of fees or reimbursement, LBCJMA employees are required to
complete an "educational assistance program form" that is submitted to the LBCJMA. The location
listed on educational assistance forms submitted by LBCJMA employees to take courses taught
by Dr. Rajput on behalf of S2A at the storage shed/common area was Tullytown, PA, which is the
location of the LBCJMA storage shed.
The completed educational assistance program forms are submitted to the Plant Manager's
office, and then the form is transmitted to the Finance Manager, Colleen Dunn. Thereafter, a
requisition form is created by the LBCJMA finance office for approval of payment for continuing
education courses for Authority employees. The requisition form includes the name of the vendor
(KA), the vendors address, a Purchase Order (P.O.) number, the name of the course, the course
attendee, location of the course (water plant training shed), start date, the course duration, course
instructor (Vijay Rajput), the purpose (training), and the cost of the course.
The requisition forms are signed by LBCJMA Finance Manager, Colleen Dunn. While the
form contains a space for the Managing Director's signature, Dr. Rajput did not sign any forms
related to fees charged by S2A and refrained from having any involvement in approving payments
of fees paid by the LBCJMA for classes offered through S2A taken by LBCJMA employees.
LBCJMA's Finance Department then generated an accounts payable ledger, including all
requisitions to be paid, that was presented by Ms. Dunn at the monthly meeting of the LBCJMA's
Board of Directors for approval.
The LBCJMA's Board of Directors approved payment of all fees paid for courses taken by
LBCJMA employees, including those charged by S2A for LBCJMA employees to take classes
taught by Dr. Rajput. Between 2016 and 2020, Dr. Rajput instructed nine (9) multi -day courses at
the LBCJMA facility. Employees from MMA and TOFA attended in addition to LBCJMA
employees and S2A received payment totaling $13,960.00 from the other two authorities. The
courses instructed by Dr. Rajput took place during non -Authority business hours, usually 5:00 p.m.
until 8:00 p.m.
Between February 2016 through November 2018, S2A received $15,470.00 in payments
from the LBCJMA for courses taught by Dr. Rajput for LBCJMA employees. The payments were
issued to S2A for PADEP certification courses instructed by Dr. Rajput at the LBCJMA water
plant shed/common area.
Dr. Rajput does not dispute that he received an indirect private pecuniary benefit as a result
of the payments made to S2A for classes Dr. Rajput taught for LBCJMA, MMA, and TOFA
employees at the shed/common area.
Ra' ut, 20-029
Page 27
Dr. Rajput also does not dispute that S2A is a business with which he is associated, and
that S2A received a direct private pecuniary benefit as a result of the fees paid to S2A for classes
Dr. Rajput taught for LBCJMA employees at the shed/common area.
Following the 2018 calendar year, S2A required that LBCJMA employees pay S2A
directly to attend courses, and the LBCJMA employees would then obtain reimbursement for the
fees paid to S2A from LBCJMA. Employees would register for courses and pay for the cost of the
course directly to S2A. Once the course was successfully completed and the employee passed, the
employee could apply and could receive for reimbursement by LBCJMA, if approved by
LBCJMA.
S2A received a total of $15,920.00 in payments from the LBCJMA and LBCJMA
employees and $13,960.00 in payments from the MMA and TOFA collectively for PADEP courses
instructed by Dr. Rajput at the water plant training shed from calendar years 2016 through 2020.
1-laving 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:
6. In order to resolve this matter, the Parties have agreed to the following
terms, which the Investigative Division will request to appear in any publicly
filed Final Order of the Commission in relation to this Consent Agreement:
a. Respondent fully and unequivocally denies having committed any
violation of the Ethics Act, including but not limited to his alleged
private use of the storage shed/common area. Respondent has set forth
those facts demonstrating why he believes that his actions did not
violate the Ethics Act in the attached Findings of Fact.
b. Nevertheless and without admitting any violation, and solely for the
purposes of resolution given the terms of this settlement, Respondent
agrees that if this matter went to hearing, and the Respondent presented
no other exculpatory evidence in support of his defense at hearing, the
Investigative Division could, by circumstantial evidence, meet the
requisite evidentiary standard, and that a fact finder could find based on
that evidence that he violated Section 1103(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1103(a), by continuing to use the
LBCJMA storage shed/common area, absent any fee or charge, to teach
PADEP classes for LBCJMA and other area municipal authority
employees, after being appointed Managing Director, through S2A
Technologies, Inc., resulting in a pecuniary gain directly or indirectly to
S2A and/or himself, without obtaining formal approval by a vote of the
LBCJMA Board of Directors.
Rajput, 20-029
Page 28
c. For purposes of amicably resolving this matter, Respondent agrees to
waive the right to a full evidentiary hearing on the foregoing allegations,
during which Respondent would have been entitled to and fully intended
to present evidence in support of his defense that he did not violate the
Ethics Act.
d. The Investigative Division elects to nolle pros the remaining allegations
in consideration of the remedial steps and other representations and
warranties agreed to by Respondent in this Consent Agreement.
7. While the LBCJMA's Board of Directors has not requested payment of any
amount by Respondent and/or S2A, S2A agrees to voluntarily make a
donation in the amount of $5,000.00 to the LBCJMA to use toward the
education of LBCJMA employees and/or improvement of the existing
training facilities for the benefit of LBCJMA's employees in the sole
discretion of the LBCJMA's Board of Directors. A check will be made
payable to the LBCJMA and forwarded to the Pennsylvania Ethics
Commission, which shall deliver the check to the LBCJMA, within thirty
(30) days of the issuance of the final Order in this matter. Respondent does
not intend to ask for and agrees not to accept any reimbursement,
compensation or other payment from the LBCJMA for the donation made by
S2A.
8. To avoid any future appearance of impropriety and/or potential conflict of
interest, Respondent agrees to the following:
a. Respondent agrees that he will not utilize LBCJMA's physical facilities,
including the storage shed/common area, to conduct any trainings or
perform any work outside the scope of his direct employment with the
LBCJMA, including trainings or other work on behalf of himself, S2A,
or any other private entity for private payment, without first obtaining
approval by a vote of the LBCJMA Board of Directors, which shall have
the exclusive discretion to determine whether Respondent and/or S2A
may utilize the LBCJMA's facilities, the amount of any fee or charge
that shall be required to be paid, if any, and any other conditions that the
LBCJMA's Board of Directors shall deem to be appropriate. The
investigative Division may advise the LBCJMA's Board members by a
written letter, which may be sent to their attorney to forward to the
Board, that they are entitled to charge a reasonable fee for S2A to use
its facilities, if they wish.
b. While Respondent maintains that he has to date had no involvement in
any decision -making by the LBCJMA Board of Directors regarding this
matter, Respondent agrees that he shall abstain from having any
involvement in any decision by the LBCJMA's Board of Directors to
j a ut, 20-029
Page 29
approve of his or S2A's use of the LBCJMA's physical facilities and/or
any fees or charges paid to or received by the LBCJMA in relation to
classes taught by Respondent on behalf of S2A taken by LBCJMA's
employees.
c. Without intending to make any admission of any wrongdoing, and while
Respondent maintains that he properly adheres to the LBCJMA's
policies and procedures regarding leave usage and has not engaged in
any consulting work on behalf of S2A in violation of his terms of
employment, Rajput further agrees in the future to comply with
LBCJMA's policies and procedures regarding the documentation of his
leave usage when performing consulting work on behalf of S2A and
shall refrain from engaging in any private business matters in violation
of the terms of his employment.
9. With regard to Respondent's Financial Interest Statements, it is agreed by
the Investigative Division it is agreed by the Investigative Division that
Respondent shall not be required to make any amendment to any Financial
Interest Statements previously filed with the Commission in relation to any
alleged ownership interest and/or other relationship with S2A. It is further
agreed that Respondent may file a request for an Advice of Counsel in
accordance with the Ethics Act and Regulations to seek an opinion
regarding the manner in which he should complete the Financial Interest
Statement form in the future, and that he shall be entitled to a grace period
of one calendar year by the Investigative Division to do so, without penalty
and/or enforcement action.
10. The Investigative Division acknowledges that upon acceptance of this
agreement, this matter is fully closed. Based on the evidence adduced to
date during its investigation, the Investigative Division further represents
and warrants that it has no current plans to take any further investigative
and/or enforcement action against Respondent and/or any third party
relating to any matters relating to the allegations in this case, including but
not limited to, with regard to any legal fees and/or expenses paid on behalf
of Respondent in relation to this litigation.
11. In the event that the Investigative Division in the future receives information
suggesting that Respondent has violated the terms of this Consent
Agreement, the Investigation Division agrees that it shall notify Respondent
in writing confidentially of the potential breach and that Respondent shall
have an opportunity to cure the breach within thirty (30) days of receipt of
written notice. If Respondent fails to cure the breach within the cure period,
then the Investigative Division may refer the matter to the Commission and
request that the Commission take appropriate steps in order to ensure the
Raju_t, 20-029
Page 30
Respondent's compliance with the Agreement, which shall continue to
remain effective. This does not replace the Investigative Division's ability
to enforce the Commission's order pursuant to Pa.R.A.P. 3761, but the
Investigation Division agrees not to take any such action before exhausting
the notice and cure period requirement set forth herein.
12. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and shall make no specific
recommendations to any law enforcement or other authority to act in this
matter, including but not limited to any professional licensing
organizations. Such, however, does not prohibit the Commission from
initiating appropriate enforcement actions in the event of Rajput'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. 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 12 above.
b. Respondent has been advised that all Commission Orders become
public records and may be acted upon by law enforcement as they deem
appropriate.
c. The non -referral language contained in this paragraph is considered an
essential part of the negotiated consent agreement.
13. In the event that the Respondent and/or the Investigative Division receives
any inquiry from any professional licensing organizations regarding this
matter, the Investigative Division agrees to advise that this matter was
amicably resolved, that the Respondent was not found to be in violation of
the Ethics Act, and that Respondent agreed pursuant to this Consent
Agreement to take appropriate remedial measures to avoid any potential
appearance of impropriety and/or conflict of interest in the future.
14.It is agreed and understood that the allegations in the Investigative
Complaint and any evidence gathered during the course of the Investigative
Division's investigation, except as set forth in this Consent Agreement,
Statement of Findings and the Final Order of the Commission, if any, shall
remain subject to the confidentiality requirements of § 1108(k) of the Ethics
Act.
15. The Investigation Division represents and warrants that this Consent
Agreement, including but not limited to, Respondent's agreement not to
contest the charge referenced in Paragraph 6(b) above, shall not appear on
Respondent's criminal record and/or any criminal background check in the
Rajput, 20-029
Page 31
future. The Parties further agree that this is a material term to this Consent
Agreement.
Consent Agreement, at 2-5.
We find the Consent Agreement to be an appropriate resolution of this case.
Respondent has been Managing Director of the LBCJMA since 2010. Respondent Rajput
also teaches and/or provides training courses and consulting services on behalf of S2A
Technologies, a for profit corporation owned by Dr. Rajput's wife. In or around 2005, Dr. Rajput
began instructing PADEP water treatment and wastewater treatment courses on behalf of S2A.
S2A advertised its available courses and charged a fee for those attending courses instructed by
Dr. Rajput.
Since 2005, Dr. Rajput has instructed classes for employees of LBCJMA, as well as two
other authorities with water and wastewater treatment facilities. Dr. Rajput utilized the storage
shed/common area of the LBCJMA to instruct courses on behalf of S2A without paying a fee to
the LBCJMA. No formal vote was ever taken by the LBCJMA Board of Directors to authorize Dr.
Rajput to utilize the storage shed/common area to instruct PADEP courses through S2A without
requiring a fee or charge to be paid.
Between February 2016 through November 2018, S2A received $15,470.00 in payments
from the LBCJMA for courses taught by Dr. Rajput for LBCJMA employees. The payments were
issued to S2A for PADEP certification courses instructed by Dr. Rajput at the LBCJMA water
plant shed/common area. Between 2016 and 2020, Dr. Rajput instructed nine (9) multi -day courses
at the LBCJMA facility. Employees from two other authorities attended in addition to LBCJMA
employees, and S2A received payment totaling $13,960.00 from the other two authorities.
Dr. Rajput does not dispute that he received an indirect private pecuniary benefit as a result
of the payments made to S2A for classes Dr. Rajput taught for LBCJMA, MMA, and TOFA
employees at the shed/common area.
Dr. Rajput also does not dispute that S2A is a business with which he is associated, and
that S2A received a direct private pecuniary benefit as a result of the fees paid to S2A for classes
Dr. Rajput taught for LBCJMA employees at the shed/corm-non area.
S2A received a total of $15,920.00 in payments from the LBCJMA and LBCJMA
employees and $13,960.00 in payments from the MMA and TOFA collectively for PADEP courses
instructed by Dr. Rajput at the water plant training shed from calendar years 2016 through 2020.
Although Dr. Rajput fully and unequivocally denies having committed any violation of the
Ethics Act, including but not limited to his alleged private use of the storage shed/common area,
but without admitting any violation and solely for purposes of resolution of this matter, Dr. Rajput
agrees that if this matter went to a hearing, and Respondent presented no other exculpatory
evidence in support of his defense at hearing, the Investigative Division could, by circumstantial
evidence, meet the requisite evidentiary standard, and that a fact finder could find based on that
Rajput, 20-029
Page 32
evidence that he violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), by continuing
to use the LBCJMA storage shed/common area, absent any fee or charge, to teach PADEP classes
for LBCJMA and other area municipal authority employees, after being appointed Managing
Director, through S2A Technologies, Inc., resulting in a pecuniary gain directly or indirectly to
S2A and/or himself, without obtaining formal approval by a vote of the LBCJMA Board of
Directors.
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, Respondent is ordered to fulfill the terms of the parties' Consent Agreement
that S2A make a voluntary donation in the amount of $5,000.00 payable to LBCJMA and
forwarded to the Pennsylvania State Ethics Commission for delivery to the LBCJMA by no later
than the thirtieth (301h) day after the mailing date of this Order.
Rajput is directed not to seek or accept any reimbursement, compensation or other payment
from the LBCJMA representing a full or partial reimbursement of the donation made by S2A.
Finally, Respondent is directed to fulfill the terms of the parties' Consent Agreement by
doing the following to avoid any future appearance of impropriety and/or potential conflict of
interest:
a. Respondent will not utilize LBCJMA's physical facilities, including the storage
shed/common area, to conduct any trainings or perform any work outside the scope of
his direct employment with the LBCJMA, including trainings or other work on behalf
of himself, S2A, or any other private entity for private payment, without first obtaining
approval by a vote of the LBCJMA Board of Directors, which shall have the exclusive
discretion to determine whether Respondent and/or S2A may utilize the LBCJMA's
facilities, the amount of any fee or charge that shall be required to be paid, if any, and
any other conditions that the LBCJMA's Board of Directors shall deem to be
appropriate. The Investigative Division may advise the LBCJMA's Board members
by a written letter, which may be sent to their attorney to forward to the Board, that
they are entitled to charge a reasonable fee for S2A to use its facilities, if they wish.
b. While maintaining that he has to date had no involvement in any decision -making by
the LBCJMA Board of Directors regarding this matter, Respondent shall abstain from
having any involvement in any decision by the LBCJMA's Board of Directors to
approve of his or S2A's use of the LBCJMA's physical facilities and/or any fees or
charges paid to or received by the LBCJMA in relation to classes taught by Respondent
on behalf of S2A taken by LBCJMA's employees.
c. Without intending to make any admission of any wrongdoing, and while Respondent
maintains that he properly adheres to the LBCJMA's policies and procedures regarding
leave usage and has not engaged in in any consulting work on behalf of S2A in violation
of his terms of employment, Respondent shall comply with LBCJMA's policies and
Rajput, 20-029
Page 33
procedures regarding the documentation of his leave usage when performing any
consulting work on behalf of S2A and shall refrain from engaging in any private
business matters in violation of the terms of his employment.
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 the Managing Director of the Lower Bucks County Joint Municipal Authority
("LBCJMA") since January 22, 2010, Respondent Vijay Rajput, Ph.D., P.E., also referred
to herein as "Respondent," "Respondent Rajput," "Dr. Rajput," and "Rajput," 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. Rajput fully and unequivocally denies having committed any violation of the Ethics Act,
including but not limited to his alleged private use of the storage shed/common area, but
without admitting any violation and solely for purposes of resolution of this matter, Dr.
Rajput agrees that if this matter went to a hearing, and Respondent presented no other
exculpatory evidence in support of his defense at hearing, the Investigative Division could,
by circumstantial evidence, meet the requisite evidentiary standard, and that a fact finder
could find based on that evidence that he violated Section 1103(a) of the Ethics Act, 65
Pa.C.S. § 1103(a), by continuing to use the LBCJMA storage shed/common area, absent
any fee or charge, to teach PADEP classes for LBCJMA and other area municipal authority
employees, after being appointed Managing Director, through S2A Technologies, Inc.,
resulting in a pecuniary gain directly or indirectly to S2A and/or himself, without obtaining
formal approval by a vote of the LBCJMA Board of Directors.
In Re: Vijay Rajput, File Docket: 20-029
Respondent Date Decided: 9/14/22
Date Mailed: 9/21/22
ORDER NO. 1811
Vijay Rajput, Ph.D., P.E. ("Rajput"), Managing Director of the Lower Bucks County Joint
Municipal Authority ("LBCJMA"), fully and unequivocally denies having committed any
violation of the Ethics Act, including but not limited to his alleged private use of the storage
shed/common area, but without admitting any violation and solely for purposes of
resolution of this matter, Dr. Rajput agrees that if this matter went to a hearing, and
Respondent presented no other exculpatory evidence in support of his defense at hearing,
the Investigative Division could, by circumstantial evidence, meet the requisite evidentiary
standard, and that a fact finder could find based on that evidence that he violated Section
1103(a) of the Ethics Act, 65 Pa.C.S. § 1 I03(a), by continuing to use the LBCJMA storage
shed/common area, absent any fee or charge, to teach PADEP classes for LBCJMA and
other area municipal authority employees, after being appointed Managing Director,
through S2A Technologies, Inc., resulting in a pecuniary gain directly or indirectly to S2A
and/or himself, without obtaining formal approval by a vote of the LBCJMA Board of
Directors.
2. Per the Consent Agreement of the parties, Respondent is ordered to fulfill his agreement
that S2A make a voluntary donation in the amount of $5,000.00 payable to LBCJMA and
forwarded to the Pennsylvania State Ethics Commission for delivery to the LBCJMA by
no later than the thirtieth (30"') day after the mailing date of this Order.
3. Per the Consent Agreement of the parties, Respondent is ordered to not ask for or accept
any reimbursement, compensation or other payment from the LBCJMA representing a full
or partial reimbursement of the donation made by S2A.
4. Respondent is directed to fulfill the terms of the parties' Consent Agreement by doing the
following to avoid any future appearance of impropriety and/or potential conflict of
interest:
d. Respondent will not utilize LBCJMA's physical facilities, including the storage
shed/common area, to conduct any trainings or perform any work outside the scope of
his direct employment with the LBCJMA, including trainings or other work on behalf
of himself, S2A, or any other private entity for private payment, without first obtaining
approval by a vote of the LBCJMA Board of Directors, which shall have the exclusive
discretion to determine whether Respondent and/or S2A may utilize the LBCJMA's
facilities, the amount of any fee or charge that shall be required to be paid, if any, and
any other conditions that the LBCJMA's Board of Directors shall deem to be
appropriate. The Investigative Division may advise the LBCJMA's Board members
Raj — 20-029
Page 35
by a written letter, which may be sent to their attorney to forward to the Board, that
they are entitled to charge a reasonable fee for S2A to use its facilities, if they wish.
While maintaining that he has to date had no involvement in any decision -making by
the LBCJMA Board of Directors regarding this matter, Respondent shall abstain from
having any involvement in any decision by the LBCJMA's Board of Directors to
approve of his or S2A's use of the LBCJMA's physical facilities and/or any fees or
charges paid to or received by the LBCJMA in relation to classes taught by Respondent
on behalf of S2A taken by LBCJMA's employees.
f. Without intending to make any admission of any wrongdoing, and while Respondent
maintains that he properly adheres to the LBCJMA's policies and procedures regarding
leave usage and has not engaged in in any consulting work on behalf of S2A in violation
of his terms of employment, Respondent shall comply with LBCJMA's policies and
procedures regarding the documentation of his leave usage when performing any
consulting work on behalf of S2A and shall refrain from engaging in any private
business matters in violation of the terms of his employment.
5. Compliance with paragraphs 2 and 3 of this Order will result in the closing of this case
with no further action by the Commission.
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
z ��L
Mark R. Carrigan, Acting Chair