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12/03/2018

Final Adjudications Issued - Staib, Zimmerman, Harding, Middleton, Boyd, Moyer, & Coulter

Order No. 1739 (Staib)
Supervisor
Armstrong Township
Lycoming County, PA

ORDER SUMMARY:

1. As a Supervisor for Armstrong Township (the “Township”), Lycoming County, Pennsylvania, Richard Staib (“Staib”) violated Section 1104(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1104(a), when he failed to timely file Statement of Financial Interests forms for the 2013, 2014, 2015, and 2016 calendar years.

2. A violation of Section 1105(a) of the Ethics Act, 65 Pa.C.S. § 1105(a), occurred when, as a Township Supervisor, Staib failed to timely file Statement of Financial Interests forms for the 2015 and 2016 calendar years and subsequently backdated those filings, to give the impression that the forms were timely filed.

3. Per the Consent Agreement of the parties, Staib is directed to make payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania, with such payment forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.

4. Per the Consent Agreement of the parties, Staib is further directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter.

5. To the extent he has not already done so, Staib is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2013, 2014, 2015, and 2016 with the Township, through this Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.

6. Compliance with paragraphs 3, 4, and 5 of this Order will result in the closing of this case with no further action by this Commission.

a. Non-compliance will result in the institution of an order enforcement action.


Order No. 1740 (Zimmerman)
Supervisor
East Earl Township
Lancaster County, PA

ORDER SUMMARY:

1. As a Supervisor for East Earl Township (“Township”), Lancaster County, David Zimmerman (“Zimmerman”) violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when he participated in official actions as a Township Supervisor resulting in the approval of the rezoning, subdivision, and storm water abatement plans of certain real property, at a time when he was owed monies regarding said land. His uses of office facilitated in the land’s development and subsequent sale, which allowed a pecuniary benefit to be realized by him and/or a member of his immediate family.

2. A violation of Section 1105(b)(9) of the Ethics Act, 65 Pa.C.S. § 1105(b)(9), occurred when Zimmerman neglected to report his financial interests in a joint venture with Mervin Martin, during the 2009 and 2010 calendar year(s).

3. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Zimmerman neglected to disclose all reportable sources of income in excess of $1,300.00 upon Statements of Financial Interests filed for the 2009 through 2014 calendar years.

4. A violation of Section 1105(b)(10) of the Ethics Act, 65 Pa.C.S. § 1105(b)(10), occurred when Zimmerman neglected to report the 2009 transfer of business interests to a member of his immediate family, namely his equitable interests in the joint venture with Mervin Martin.

5. Per the Stipulated Findings and Consent Agreement of the parties, no violation of Section 1105(b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred concerning the alleged non-reporting by Zimmerman of any office, directorship, or employment in a business entity.

6. Per the Stipulated Findings and Consent Agreement of the parties, no violation of Section 1105(b)(4) of the Ethics Act, 65 Pa.C.S. § 1105(b)(4), occurred by Zimmerman’s omission of reported creditors in excess of $6,500.00 upon Statements of Financial Interests filed for the 2009 through 2014 calendar years, in that he was not a named party to the credit transaction, and/or was not personally responsible for the repayment of the loan.

7. Per the Consent Agreement of the parties, Zimmerman is directed to make payment in the amount of $12,000.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.

8. Per the Consent Agreement of the parties, Zimmerman is directed to make payment in the amount of $2,000.00 payable to the Pennsylvania State Ethics Commission, representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter, with such payment forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of this Order.

9. Per the Consent Agreement of the parties, Zimmerman is directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter.

10. To the extent he has not already done so, Zimmerman is directed to file amended Statements of Financial Interests for calendar years 2009 through 2014 with the Township, through this Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.

11. Compliance with paragraphs 7, 8, 9 and 10 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.


Order No. 1741 (Harding)
Director of Support Services
Canon-McMillan School District
Strabane, PA 15363

ORDER SUMMARY:

1. Matthew Harding (“Harding”) violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when, as the Director of Support Services for the Canon-McMillan School District (“CMSD”), he approved purchase invoices/payments to Tyco-SimplexGrinnell, a CMSD vendor, while a business with which he is associated, namely Computec Technical Solutions, Inc., was in a contractual dispute with Tyco-SimplexGrinnell.

2. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Harding, as the Director of Support Services for the CMSD, failed to disclose Computec Technical Solutions, Inc. as a direct/indirect source of income on Statements of Financial Interests filed for the 2012 and 2013 calendar years.

3. Based upon the Stipulation of Findings and Consent Agreement of the parties, no violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred concerning Computec Technical Solutions, Inc.’s use of offices and facilities of the CMSD, as any pecuniary benefit was de minimis.

4. Based upon the Stipulation of Findings and Consent Agreement of the parties, no violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred concerning the use of CMSD personnel and facilities for private repairs of vehicles, as any pecuniary benefit was de minimis.

5. Per the Consent Agreement of the parties, Harding is directed to make payment in the amount of $9,650.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.

6. Per the Consent Agreement of the parties, Harding is directed to not accept any reimbursement, compensation or other payment from the CMSD representing a full or partial reimbursement of the amount paid in settlement of this matter.

7. To the extent he has not already done so, Harding is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2012 and 2013 with the CMSD, through this Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.

8. Compliance with paragraphs 5, 6, and 7 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.


Order No. 1742 (Middleton)
Member and President of the Board of Directors
Pennsylvania Leadership Charter School
West Chester, PA 19380

ORDER SUMMARY:

1. William Middleton (“Middleton”) violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when, in his capacity as a Member and President of the Board of Directors of the Pennsylvania Leadership Charter School (“PALCS”), he participated in discussions and decisions as to services to be completed for the PALCS by Green Lawnscaping, LLC, a business with which he and/or his son are associated; and when he voted to authorize/approve payment to Green Lawnscaping, LLC from the PALCS.

2. A violation of Section 1105(b)(1) of the Ethics Act, 65 Pa.C.S. § 1105(b)(1), occurred when Middleton filed deficient Statements of Financial Interests by failing to identify his “Governmental Entity” for calendar years 2014, 2015, and 2016; and when he provided no response to “Address” as to calendar year 2015.

3. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Middleton filed a deficient Statement of Financial Interests by failing to identify Green Lawnscaping, LLC as a reportable source of income as to calendar year 2015.

4. Per the Consent Agreement of the parties, Middleton is directed to make payment in the amount of $10,000.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.

5. Middleton is directed to not accept any reimbursement, compensation or other payment from the PALCS 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, Middleton is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2014, 2015, and 2016 with the PALCS, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.

7. Middleton is ordered to fulfill his agreement that he will immediately resign from his position as a Member of the PALCS Board of Directors and will neither seek nor hold any position with the PALCS until at least January 2020.

8. Compliance with paragraphs 4, 5, 6, and 7 of this Order will result in the closing of this case with no further action by this Commission.

a. Noncompliance will result in the institution of an order enforcement action.


Order No. 1743 (Boyd)
Council Member
Carnegie Borough
Allegheny County, PA

ORDER SUMMARY:

1. No violation of Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), occurred in relation to the allegation that Philip Boyd (“Boyd”) utilized the authority of his public office as a Council Member for Carnegie Borough (“Borough”), Allegheny County, for a private pecuniary benefit, as there is insufficient evidence to establish that Boyd directed and/or authorized/approved the use of public resources, including Borough funds, Borough employees, and Borough equipment, to remove trees and/or other vegetative/organic matter from real property owned by him.

2. Two violations of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred in relation to Boyd’s failure to identify the Borough as a direct/indirect source of income on Statements of Financial Interests filed for the 2015 and 2016 calendar years.

3. Per the Consent Agreement of the parties, Boyd is directed to make payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania, representing two violations of Section 1105(b)(5) of the Ethics Act, with such payment forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.

4. Per the Consent Agreement of the parties, Boyd is further directed to make payment in the amount of $250.00 payable to the Pennsylvania State Ethics Commission, representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter, with such payment forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.

5. Boyd is directed to not accept any reimbursement, compensation or other payment from the Borough 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, Boyd is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2015 and 2016 with the Borough, through this Commission, by no later than the thirtieth (30th) 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.


Order No. 1744 (Moyer)
Member of the Board of Directors
Monroe County Conservation District
Stroudsburg, PA

ORDER SUMMARY:

1. As a Member of the Monroe County Conservation District (“MCCD”) Board of Directors, David W. Moyer (“Moyer”) violated Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his actions as part of the MCCD to approve a disbursement of grant funding to Tobyhanna Township through the Dirt, Gravel, and Low Volume Road Maintenance Program, at a time when a business with which he is associated had outstanding invoices for work performed (equipment and labor) on the grant-funded project, resulting in Tobyhanna Township paying the invoices in full.

2. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Moyer’s participation—as a Member and Chairman of the Dirt, Gravel, and Low Volume Road Maintenance Program Quality Assurance Board (“QAB”) of the MCCD and a Member of the MCCD Board of Directors—in the actions of the QAB and the MCCD to approve the grant to Tobyhanna Township because insufficient evidence exists that Moyer reasonably knew at that time that Tobyhanna Township would use the business with which he is associated due to Tobyhanna Township’s original intent to use Township resources on the grant project.

3. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in relation to Moyer’s failure to file a calendar year 2012 Statement of Financial Interests with the MCCD.

4. Per the Consent Agreement of the parties, Moyer is directed to make payment in the amount of $8,382.13 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.

5. Per the Consent Agreement of the parties, Moyer is further directed to make payment in the amount of $500.00 payable to the Pennsylvania State Ethics Commission, representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter, with such payment forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.

6. Moyer is directed to not accept any reimbursement, compensation or other payment from the MCCD representing a full or partial reimbursement of the amount paid in settlement of this matter.

7. To the extent he has not already done so, Moyer is directed to file a complete and accurate Statement of Financial Interests for the 2012 calendar year with the MCCD, through this Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.

8. Compliance with paragraphs 4, 5, 6, and 7 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.


Order No. 1745 (Coulter)
Member of Council
Donora Borough
Washington County, PA

ORDER SUMMARY:

1. As a Member of Council for Donora Borough (“Borough”), Washington County, Jimmie B. Coulter (“Coulter”) violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), in relation to his directing and/or authorizing Borough staff to prepare financial statements, insurance claims, and lottery paperwork for his personal business, resulting in a private pecuniary benefit.

2. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Borough employees and/or Borough equipment being used to remove and dispose of construction/demolition debris from Coulter’s business location, because Coulter did not use the authority of his office as to same.

3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Coulter utilizing his position as a public official to solicit and obtain a loan from a subordinate public employee, Dennis Fisher, resulting in a pecuniary benefit to himself and/or a business with which he is associated.

4. Two violations of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Coulter failed to file Statements of Financial Interests for the 2013 and 2014 calendar years.

5. Per the Consent Agreement of the parties, Coulter is directed to make payment in the amount of $500.00 via certified check or money order made payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.

6. Coulter is directed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter.

7. To the extent he has not already done so, Coulter is directed to file complete and accurate Statements of Financial Interests for calendar years 2013, 2014, and 2015 with the Borough, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.

8. Compliance with paragraphs 5, 6, and 7 of this Order will result in the closing of this case with no further action by this Commission.

a. Noncompliance will result in the institution of an order enforcement action.

You may access the full text version of the above rulings by clicking on the links below or by copying and pasting them into your browser:

1739 Staib
1740 Zimmerman
1741 Harding​
1742 Middleton
1743 Boyd
1744 Moyer
1745 Coulter​

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