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Final Adjudications Issued - Ayers and Updyke

01/04/2022


Order No. 1796 (Ayers) 
Information Technology Executive 1
Pennsylvania Governor’s Office of Administration
Dauphin County, PA

ORDER SUMMARY:

1. Robert A. Ayers (“Ayers”) violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when he utilized confidential information and his access as an Information Technology Executive 1 for the Enterprise Information Security Office in the Office of Information Technology within the Governor’s Office of Administration of the Commonwealth of Pennsylvania (“Commonwealth”) to obtain contracts with county governments to provide informational technology services, resulting in a private pecuniary benefit to himself and Cyber Risk Services, LLC; when he utilized Commonwealth resources/property/equipment, resulting in a private pecuniary benefit to himself and Cyber Risk Services, LLC; and when he engaged in private business activity for Cyber Risk Services, LLC during Commonwealth business hours.
2. A violation of Sections 1105(b)(5), (8), and (9) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(5), (8), and (9), occurred when Ayers failed to disclose income from, employment with, and/or financial interests in either Cyber Risk Services, LLC or In Plain Sight Digital Security, LLC on Statements of Financial Interests for calendar years 2016, 2017, 2018, and 2019; and when he failed to identify the Commonwealth as a source of income on a Statement of Financial Interests for calendar year 2019.
3. Per the Consent Agreement of the parties, Ayers is directed to make payment in the total amount of $11,000.00 as follows:
a. A payment of $10,000.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission. This payment may be made in monthly installments of no less than $400.00 and must be paid within 24 months from the mailing date of this Order. The first payment is due by no later than the thirtieth (30th) day after the mailing date of this Order.
b. A payment of $1,000.00, representing a portion of the costs incurred by this Commission in the investigation and enforcement of this matter, which shall be made payable to the Pennsylvania State Ethics Commission and forwarded to this Commission by no later than the sixtieth (60th) day after the mailing date of this Order. This payment may also be paid in conjunction with the payment schedule listed in paragraph (a) above (i.e., the first $1,000.00 of the payment plan can be paid towards the portion of costs in this paragraph). 
4. Per the Consent Agreement of the parties, Ayers is directed to not accept any reimbursement, compensation or other payment from the Commonwealth 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, Ayers is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2016, 2017, 2018, and 2019 with the Governor’s Office of Administration, through this Commission, by no later than the thirtieth (30th) day after the mailing date of this adjudication and 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. Noncompliance will result in the institution of an order enforcement action.

Order No. 1797 (Updyke) 
Board of Supervisors Member and Vice-Chair
Mount Joy Township 
Adams County, PA

ORDER SUMMARY:

1. David Updyke (“Updyke”), as a Member of the Board of Supervisors of Mount Joy Township, Adams County, Pennsylvania, did not violate Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), in relation to his participation in discussions and actions of the Mount Joy Township Board of Supervisors because his participation and actions affected to the same degree other similarly situated property owners by allowing them to enter into contracts to lease their land for solar energy projects.
2. Violations of Sections 1105(b)(5), (6), (7), (8), (9), and (10) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(5), (6), (7), (8), (9), and (10), occurred when Updyke failed to disclose all direct/indirect sources of income and financial interest in any business for profit on Statements of Financial Interests for calendar years 2015 through 2019, when Updyke failed to disclose: (a) gifts; (b) transportation, lodging and hospitality; (c) office, directorship or employment in any business; and (d) business interests transferred to immediate family members on his Statement of Financial Interests for calendar year 2015, and when Updyke failed to disclose any business interests transferred to immediate family members on his Statement of Financial Interests for calendar year 2017.
3. Per the Consent Agreement of the parties, Updyke is directed to make payment in the amount of $1,250.00 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.
4. Updyke is directed to not accept any reimbursement, compensation or other payment from Mount Joy 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, Updyke is directed to file complete and accurate  amended Statements of Financial Interests for calendar years 2015, 2016, 2017, 2018, and 2019 with Mount Joy 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.


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