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03/02/2020

Final Adjudications Issued - Kline, Lynch, & McGrew

Order No. 1766 (Kline)
Supervisor
Alsace Township
Berks County, PA  19540

ORDER SUMMARY:

1. Phillip Kline (“Kline”), as a Supervisor for Alsace Township (“Township”), Berks County, Pennsylvania, violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when he utilized the authority of his public office to enter into agreements with and/or otherwise authorized/approved the use of Security First, Inc., a business with which he and/or members of his immediate family are associated, as a vendor of the Township.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Kline, as a Township Supervisor, utilized the authority of his public office to authorize payment by the Township of public monies to Security First, Inc., a business with which he and/or members of his immediate family are associated.
3. Per the Consent Agreement of the parties, a violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred when Kline, as a Township Supervisor, utilized the authority of his public office to enter into contracts/agreements valued at $500 or more between the Township and Security First, Inc., a business with which he, his spouse and/or child are/were associated, absent an open and public process.
4. Technical violation(s) of Section 1105(b)(3), (4), (5), (6), (7) and (10) of the Ethics Act, 65 Pa.C.S. § 1105(b)(3), (4), (5), (6), (7) and (10), occurred when Kline, as a Township Supervisor, failed to identify the Township as a source of income upon Statements of Financial Interests filed for the 2014, 2015, and 2017 calendar years; and when he failed to complete any disclosures as to real estate interests, creditors, gifts, travel/hospitality/lodging, and transfer of business interests to immediate family upon his Statement of Financial Interests filed for the 2014 calendar year.
5. Per the Consent Agreement of the parties, Kline is directed to make payment in the amount of $2,601.90 payable to Alsace Township, Berks County, and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.
6. Kline 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.
7. To the extent he has not already done so, Kline is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2014, 2015, and 2017 with the Township, 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. Non-compliance will result in the institution of an order enforcement action.


Order No. 1767 (Lynch)
Manager
Montgomery Borough 
Lycoming County, PA 17752 

ORDER SUMMARY:

1. John D. Lynch (“Lynch”) 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 the Manager for Montgomery Borough (“Borough”), Lycoming County, Pennsylvania, he received a private pecuniary benefit when he utilized a Borough-provided/paid credit card for unauthorized personal purchases.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Lynch, in his capacity as the Borough Manager, approved excessive mileage reimbursement payments to himself and simultaneously charged fuel purchases on a Borough-paid credit card and/or obtained fuel from the Borough fuel pumps. 
3. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Lynch, in his capacity as the Borough Manager, failed to timely file Statement of Financial Interests forms for the 2013, 2015, and 2017 calendar years.
4. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Lynch, in his capacity as the Borough Manager, failed to identify the filing/calendar year upon a Statement of Financial Interests dated February 17, 2017, presumably intended for the 2016 calendar year.
5. Violation(s) of Section(s) 1105(b)(1), (5), (8), (9), (10) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), (5), (8), (9), (10), occurred when Lynch filed a deficient Statement of Financial Interests form by failing to provide complete responses to the identity of his governmental entity; any reportable sources of income; any office, directorship or employment in any business entity; any financial interest in any legal entity engaged in business for profit; and the identity of any financial interest in any business which had been transferred to a member of his immediate family, for the 2014 calendar year.
6. Violation(s) of Section(s) 1105(b)(1), (3), (4), (7), (8), (9), (10) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), (3), (4), (7), (8), (9), (10), occurred when Lynch filed a deficient Statement of Financial Interests form by failing to provide responses as to his current status/current position as a public official/public employee; any reportable real estate interests; any reportable creditors; any reportable travel/hospitality/lodging; any office, directorship or employment in any business entity; any financial interest in any legal entity engaged in business for profit; and the identity of any financial interest in any business which had been transferred to a member of his immediate family, upon a Statement of Financial Interests dated February 17, 2017, presumably intended for the 2016 calendar year.
7. Per the Consent Agreement of the parties, Lynch is directed to make payment in the total amount of $4,338.84 as follows:
 a. $3,588.84 payable to Montgomery Borough, Lycoming County, and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order. 
  1.  On October 30, 2019, Lynch made payment of $3,500.00 to Montgomery Borough via a personal check.  Lynch is to be credited that amount toward his obligation payable to the Borough in settlement of this matter. 
 b. $750.00 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. Lynch 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.
9. To the extent he has not already done so, Lynch is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2013, 2014, 2015, 2016, and 2017 with the Borough, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.   
10. Compliance with paragraphs 7, 7a, 7b, 8, and 9 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. 1768 (McGrew)
Member of the Board of Trustees
Torrance State Hospital 
Torrance, PA 15779 

ORDER SUMMARY:

1. As a Member of the Board of Trustees of Torrance State Hospital, Wayne McGrew (“McGrew”) 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 2014, 2015, and 2016 calendar years and subsequently submitted backdated filings. 
2. Per the Consent Agreement of the parties, McGrew 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.  
3. Compliance with paragraph 2 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.

You may access the full text version of the above rulings by clicking on the link below or by copying and pasting them into your browser:
1766 Kline

1767 Lynch

1768 McGrew

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