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HARRISBURG, IAA 17120- 0400

In Re: Todd C. Burkhart, File Docket: 19- 023

Respondent X- ref: Order No. 1773
Date Decided 6/ 22/ 20
Date Mailed: 711120

Before: Nicholas A. Colafella, Chair

Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
Michael A. Schwartz
Shelley Y. Simms
This is a final adjudication of the State Ethics Commission.

Procedurally, the Investigative Division of the State Ethics Commission

conducted an investigation regarding possible violation( s) of the Public Official and
Employee Ethics Act (" Ethics Act"), 65 Pa. C. S. § 1101 et seq., by the above -named
Respondent. At the commencement of its investigation, the Investigative Division
served upon Respondent written notice of the specific allegations. Upon completion of
its investigation, the Investigative Division Issued and served upon Respondent a
Findings Report identified as an " Investigative Complaint." 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.

ALLEGATIONS:

That Todd Burkhart, a public official/ public employee in his capacity as a

Member and Vice -President of New Holland Borough Council, Lancaster County,
violated Sections 1103( a), 1104( a), 1104( d), 1105( b)( 1), 1105( b)( 6), 1105( b)( 7),
1105( b)( 9), and 1105( b)( 1 ) of the State Ethics Act ( Act 93 of 199 ) when he utilized
the authority of his public position for a private pecuniary benefit by participating in
discussions and decisions of the Borough Council approving the expenditure of public
monies to Franklin Street Garage, a business with which he is associated; and when
he filed deficient Statements of Financial Interests by failing to provide a response as
to disclosures regarding " Business Interests Transferred to Immediate Family Member"
for calendar years 2016 and 2017, failing to provide an address for calendar year 2015,
and failing to respond as to disclosures regarding gifts, travel, hospitality, lodging, and
financial interests in any business for profit on a Statement of Financial Interests filed
for calendar year 2014.
FINDINGS:

1. Todd Burkhart (" Burkhart") has served as a Member of New Holland Borough
Council (" Borough Council"), Lancaster County, since approximately January
2006.

Burkhart has served as Borough Council Vice -President since 2015.

Burkhart, 19- 023
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b. Burkhart has held no other New Holland Borough (" Borough") office.

2. Borough Council is comprised of seven Members and a Mayor.

a. Borough Council Members serve without compensation.

3. Burkhart is the owner of Franklin Street Garage Auto Repair, LLC (" Franklin
Street Garage"), located at 129 West Franklin Street, New Holland,
Pennsylvania 17557.

a. Burkhart has been the owner of Franklin Street Garage for approximately
23 years.
b. Burkhart was an employee of the business for approximately ten years
prior to assuming ownership of the business.
C. Franklin Street Garage offers general automotive repair and
maintenance services in New Holland, Pennsylvania.

d. Franklin Street Garage is a " business with which [ Burkhart] is associated"

as that term is defined by the Ethics Act, 65 Pa. C. S. §1102,

4. Business organizational filings maintained by the Pennsylvania Department of

State Corporation Bureau include organizational filings for Franklin Street
Garage.

a. Business organizational documents for Franklin Street Garage were filed

with the Pennsylvania Department of State Corporation Bureau on
November 27, 2013.

b. Entity number 4230235 was assigned to Franklin Street Garage by the

Pennsylvania Department of State.

C. Burkhart is the sole stated organizer.

d. Burkhart owns 100% of Franklin Street Garage.

5. The Borough owns and operates various vehicles and power equipment for the
general care and maintenance of the Borough' s infrastructure and police
operations.

a. The Borough owns twenty- three vehicles/ pieces of self-propelled

equipment, including eight police vehicles, one backhoe/ loader, and
fourteen other vehicles/ pieces of equipment.
b. The Borough does not employ any individual who is specifically tasked
with providing general care and maintenance for Borough -owned power
equipment and vehicles.

6. During Burkhart' s tenure on Borough Council, repairs and maintenance have

been performed by Franklin Street Garage, New Holland Auto Group, Turner
GMC, CJ Tires, and Hurst Tires.

a. None of the businesses identified above submitted any bids, quotes, or

formal proposals to the Borough prior to providing vehicle/ equipment
repair/ service.

1. The Borough has never solicited bids, quotes, or proposals

Burkhart, 19- 023
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e

regarding the general care and maintenance of Borough

equipment and vehicles.

2. The Borough did not seek any bids, quotes, or proposals for any
vehicle repair/ services, including expenses expected to exceed
500. 00.

b. Tires were purchased from CJ Tires and Hurst Tires through the
Commonwealth of Pennsylvania' s COSTARS program.
COSTARS is the Commonwealth of Pennsylvania' s cooperative
purchasing program which allows state -affiliated entities
boroughs, townships, etc.) to make purchases from local public
procurement units ( vendors) which participate in Pennsylvania
Department of General Services contracts to provide
goods/ services to state -affiliated entities at a prenegotiated price.
C. Maintenance and re airs were primarily apportioned between Franklin
Street Garage and Npew Holland Auto Group.
7. Borough Manager Richard Fulcher (" Fulcher") viewed all vehicle/ equipment
repair work as being completed on an as -needed or emergency basis, and
therefore he did not believe that the Borough was required to seek or obtain
quotes or bids.
a. Fulcher was not required by Borough Council to seek any authorization
prior to initiating routine vehicle/equipment service and repairs.
b. The Borough continued to utilize Franklin Street Garage after Burkhart
was seated on Borough Council, since Franklin Street Garage had
serviced Borough vehicles prior to Burkhart's ownership of Franklin
Street Garage.

C. Franklin Street Garage has been providing vehicle repair/ service to the
Borough since at least 1985, prior to Burkhart holding office as a Borough
Council Member.

8. New Holland Borough Solicitor Brad Harris did not provide Burkhart or the
Borough with any legal advice regarding Franklin Street Garage continuing to
perform vehicle repair services for the Borough or Burkhart' s ability to participate
in the approval process for payment of bills/ invoices from Franklin Street
Garage.

a. It was common knowledge among Borough Council Members that

Burkhart was the owner of Franklin Street Garage and that Burkhart was
providing repair and maintenance services for Borough equipment and
vehicles.

b. Borough Council was also aware that Burkhart/ Franklin Street Garage
was submitting invoices to the Borough, seeking payment from Borough
fu nds.

9. The Borough maintains the following process for initiating repairs to Borough
equipment and vehicles.

a. Needed service/ repairs are identified by either the Department Head or

Borough Manager for public works equipment/ vehicles.
Burkhart, 19- 023
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ge 4__

1. The Borough Police Chief directs service/ repairs for police

vehicles.

b. Equipment and/ or vehicles are taken to the appropriate repair facilities

depending upon the nature of the repair and any applicable factory
warranties.

1. Warranty work is performed by the authorized issuing dealer

honoring the warranty.
2. Non -warranty repairs are performed by repair facilities and/ or
dealerships in close proximity to the Borough.
10. Burkhart, as a representative of Borough Council, did not direct any Borough
official or employee to utilize or patronize Franklin Street Garage for servicing
or repairing Borough equipment or vehicles.
11. The Borough Manager and the Borough Police Chief review invoices for all
vehicle repair work to ensure that the Borough is paying a fair rate for the work
completed.

a. No independent third -party review was conducted to ensure that the

Borough was paying a fair price for repair services.
b. The Borough Manager and the Borough Police Chief relied on their
personal knowledge and experience when determining appropriate
charges for vehicle repair and maintenance work.

1. This included comparing rates charged by the various vendors for

the same type of services and repairs.

12. The Borough apportioned repair and maintenance services among numerous
providers located in or near the Borough.
a. The primary factors in determining where Borough equipment and
vehicles were taken to be repaired/ serviced were the nature of the work
and the expected timeliness of the completion of the work.

b. The Borough did not havepublished,

any adopted, or

enacted/established guidelines or policies regarding where equipment

and vehicles should be serviced.

C. The exception was work covered by an existing manufacturer's warranty.

1. Franklin Street Garage did not provide any warranty service on
Borough -owned equipment or vehicles.

2. Vehicle warranty work was generally performed by Turner Buick

GMC or New Holland Auto Group.

d. The decision of where a vehicle repair was to be performed was made

by the Department Head, the Borough Manager, or the Borough Police
Chief.

1. Borough employees and/ or police personnel would typically drop

off and pick up Borough equipment and vehicles being repaired.
13. Procedurally, once repairs are completed, invoices are submitted for initial
Burkhart, 19- 023
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review by the Borough Manager or the Department Head assigned the

vehicle/ equipment or by the Borough Police Chief for police vehicles.
a. Once the invoices are initially reviewed and approved for placement on
the Monthly Financial Report, they are forwarded to Borough
administrative staff (accountant/ bookkeeper) for actual placement on the
Monthly Financial Report.
1. The placement of invoices on the Monthly Financial Report is done
under the Borough Manager' s direct supervision.

2. The Borough Council President reviews the draft Monthly

Financial Report the first Tuesday of each month.
b. The Monthly Financial Report is issued to Borough Council five days in
advance of the Borough Council meeting.
1. The Monthly Financial Report details Borough financial activities
for the prior month, including all account revenues, expenditures,
cash receipts by bank, check registers by date, and ending
balances.

C. Borough Council approves the Monthly Financial Report in its entirety by

a single vote covering all transactions.
d. The Monthly Financial Report is included as part of the official meeting
minutes.

14. Borough Council meeting minutes confirm that Burkhart routinely participated in
Borough Council actions to approve Monthly Financial Reports which contained,
amongst other Borough financial transactions, payments to his business,
Frankfin Street Garage.

a. Borough - issued checks contain the live signatures of the Borough

Manager and the Borough Council President.

1. The Borough Council Vice - President and/ or the Finance

Chairman may sign Borough checks in the absence of the
Borough Council President.

2. Burkhart avoided serving as a Borough signatory on checks

issued to Franklin Street Garage.

15. From September 2, 2014, through December 3, 2019, the Borough approved
and issued 60 payments to Franklin Street Garage, totaling $ 70, 143. 53, for
service/ repair work completed on Borough vehicles.

a. Borough checks often represented multiple invoices combined into one

payment.
16. From Sepptember 2, 2014, through December 3, 2019, Burkhart is identified as
participating in 55 of 60 votes of Borough Council to approve Monthly Financial
Reports which included approval of Borough funds to pay invoices submitted by
Franklin Street Garage.

a. Burkhart' s use of office resulted in the approval of approximately

65, 334. 53 of the $ 70, 143. 53 in total payments made to Burkhart' s
business during this timeframe.
Burkhart, 19- 023
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b. In addition to voting affirmatively, on nine occasions Burkhart also made

or seconded the motion to approve a Monthly Financial Report that
contained payment to Franklin Street Garage.
1. Burkhart made the motion on three occasions and seconded the
motion on six other occasions.

C. The Monthly Financial Reports were unanimously approved by all

Members of Borough Council present during the meetings.
d. No payments made to Franklin Street Garage were questioned by
Borough Council or the public during Borough Council meetings.
17. Between September 2014 and the present, the Borough [ made payments
totaling] approximately $ 124, 338. 80 for vehicle maintenance, repairs, and
service.

a. Approximately 56% of [ the aforesaid Borough payments were made] to

Franklin Street Garage ($ 70, 143. 53).

b. [ Approximately $ 54, 188. 27 of the aforesaid Borough payments was paid]

to various vendors, including but not limited to CJ Tires, Hurst Tires,
Turner Buick GMC, and New Holland Auto Group.
C.
Burkhart reports that he provided flat tire repairs at no cost to the Borough
and repaired broken equipment in off hours during inclement weather,
without charging the Borough any overtime fee.
d. The percentage of services provided to the Borough by Franklin Street
Garage prior to Burkhart serving on Borough Council could not be
determined.

THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT BURKHART

FILED DEFICIENT STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR
YEARS 2014, 2015, 2016, AND 2017.

18. Burkhart, in his official capacity as a Member of Borough Council, is required to

annually file a Statement of Financial Interests form by May 1st, reporting
financial interests for the prior calendar year.
19. Burkhart was annually provided with a blank Statement of Financial Interests
form to complete by Borough staff.
a. The Statement of Financial Interests form packet that Burkhart was
provided with included instructions identifying reporting requirements.
20. Burkhart' s Statement of Financial Interests forms, as filed with the Borough,
contained the following reporting deficiencies:
a. Burkhart failed to provide a response to " Business Interests Transferred
to Immediate Family Member" on Statements of Financial Interests filed
for the 2016 and 2017 calendar years;
b. Burkhart failed to provide a response to " Address" on his Statement of
Financial Interests filed for the 2015 calendar year; and
C. Burkhart failed to provide a response to "Gifts," " Transportation, Lodging,
Burkhart, 19- 023
a

Hospitality," and " Financial Interest in any Legal Entity in Business for
Profit" on his Statement of Financial Interests filed for the 2014 calendar
year.

21. During an investigative interview with a State Ethics Commission investigator

on August 21, 2019, Burkhart explained that the omissions were not intentional
but rather were a result of his failure to pay close attention to the reporting
criteria on each form.

a. Burkhart further stated that his action in approving payment of bills was
unintentional.

b. There was no evidence developed during the course of the investigation

to suggest that Burkhart/ Franklin Street Garage was in any way
improperly charging the Borough for work that was performed.
C. Burkhart/ Franklin Street Garage [ provided a discount of 20% for parts
and $ 15. 00 per hour for labor for all Borough invoices].
III. DISCUSSION:

As a Member of Council for New Holland Borough (" Borough"), Lancaster

County, Pennsylvania, since approximately January 2006, and as Vice -President of
Borough Council since 2016, Todd C. Burkhart, also referred to herein as
Respondent," " Respondent Burkhart," and " Burkhart,"
has been a public official
subject to the provisions of the Public Official and Employee Ethics Act (" Ethics Act"),
subject
65 1101 et sue.
The allegations are that Burkhart violated Sections 1103( a), 1104( a), 1104( d),
1105( b)( 1), 1105( b)( 6), 1105( b)( 7), 1105( b)( 9), and 1105( b)( 10) of the Ethics Act when
he utilized the authority of his public position for a private pecuniary benefit by
participating in discussions and decisions of Borough Council approving the
expenditure of public monies to Franklin Street Garage Auto Repair, LLC, a business
with which he is associated, and when he filed deficient Statements of Financial
Interests SFIs") by failing to provide a response as to disclosures regarding " Business
Interests ransferred to Immediate Family Member" for calendar years 2016 and 2017,
failing to provide an address for calendar year 2015, and failing to respond as to
disclosures regarding gifts, travel, hospitality, lodging, and financial interests in any
business for profit on an SFl filed for calendar year 2014.
Per the Consent Agreement, the Investigative Division has exercised its
prosecutorial discretion to nol pros the alleged violations of Sections 1104( a) and
1104( d) of the Ethics Act. Based upon the not pros, we need not address those
allegations that are no longer before us.

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:
Burkhart, 19- 023
a
gem

1102. Definitions

Conflict" or " conflict of interest." Use by a

public official or public employee of the authority of his
office or employment or any confidential information
received through his holding public office or employment
for the private pecuniary benefit of himself, a member of his
immediate family or a business with which he or a member
of his immediate family is associated. The term does not
include an action having a de minimis economic impact or
which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry,
occupation or other group which includes the public official
or public employee, a member of his immediate family or a
business with which he or a member of his immediate
family is associated.
65 Pa. C. S. § 1102.

Subject to the statutory exclusions to the Ethics Act' s definition of the term
conflict" or " conflict of interest,
65 Pa. C. S. § 1102, pursuant to Section 1103( a) of the
Ethics Act, a public official/ public employee is prohibited from using the authority of
public office/ employment or confidential information received by holding such a public
position for the private pecuniary benefit of the public official/ 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 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)( 1) of the Ethics Act requires the filer to disclose on the SFI his
name, address, and pu lic position.

Subject to certain statutory exceptions, Section 1105( b)( 6) of the Ethics Act
requires the filer to disclose on the SFI the name and address of the source and the
amount of any gift or gifts valued in the aggregate at $ 250 or more and the
circumstances of each gift.

Subject to certain statutory exceptions, Section 1105( b)( 7) of the Ethics Act
requires the filer to disclose on the SFI the name and address of the source and the
amount of any payment for or reimbursement of actual expenses for transportation and
lodging or hospitality received in connection with public office or employment where
such actual expenses exceed $ 650 in an aggregate amount per year.
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.
Section 1105( b)( 10) of the Ethics Act requires the filer to disclose on the SFI
any financial interest in a business with which he is or has been associated in the
preceding calendar year which has been transferred to a member of his immediate
family.
The term " financial interest" is defined in the Ethics Act as "[ a] ny financial
interest in a legal entity engaged in business for profit which comprises more than 5%
of the equity of the business or more than 5% of the assets of the economic interest in
indebtedness." 65 Pa. C. S. § 1102.
Burkhart, 19- 023
Page 9

As noted above, the parties have submitted a Consent Agreement and

Stipulation of Findings. The parties' Stipulated Findings are set forth above as the
Findings of this Commission. We shall now summarize the relevant facts as contained
therein.

Burkhart has served as a Member of Borough Council since approximately

January 2006, and he has served as Vice -President of Borough Council since 2015.
Borough Council is comprised of seven Members and a Mayor.

For approximately twenty --

three years, Burkhart has been the owner of Franklin
Street Garage Auto Repair, LLC (" Franklin Street Garage"), which is located at 129
West Franklin Street, New Holland, PA 17557. Burkhart was an employee of Franklin
Street Garage for approximately ten years before he assumed ownership of Franklin
Street Garage, which offers general automotive repair and maintenance services.

The Borough owns various vehicles and pieces of power equipment that are
used for police operations and the general care and maintenance of the Borough' s
infrastructure. The Borough utilizes various businesses located in or near the Borough
to repair and maintain Borough vehicles/ equipment. The Borough began utilizingg
Franklin Street Garage to repair and maintain Borough vehicles by no later than 1985.
The Borough continued to utilize Franklin Street Garage after Burkhart began serving
as a Member of Borough Council in January 2006. Burkhart did not direct any Borough
official or employee to utilize or patronize Franklin Street Garage to service or repair
Borough vehicles. It was common knowledge among Borough Council Members that
Burkhart was the owner of Franklin Street Garage and was providing repairs and
maintenance for Borough vehicles.

During the time frame relevant to this matter, the Borough did not solicit bids,
quotes, or proposals for repairs and maintenance of Borough - owned
vehicles/ equipment. Repairs and service for Borough police vehicles were initiated by
the Borough Police Chief, and repairs and service for Borough public works
vehicles/ equipment were initiated by the Borough Manager or the public works
department head. The Borough Police Chief, the Borough Manager, or the public
works department head decided which business would be utilized to perform the
necessary repairs/ maintenance work.
The Borough Police Chief and the Borough Manager reviewed invoices for
repairs/ maintenance work performed on Borough vehicles/ equipment to ensure that
the Borough was paying a fair rate for the work. The invoices were subsequently
placed on the Monthly Financial Report, which detailed Borough financial activi ies for
the prior month. Borough Council approved the Monthly Financial Report in its entirety
by a single vote that covered all transactions.
Between September 2, 2014, and December 3, 2019, Burkhart participated in
55 unanimous votes of Borough Council that approved Monthly Financial Reports
which included payments totaling approximately $ 65, 334. 53 to Franklin Street Garage
for servicing/ repairing Borough vehicles. On nine occasions during the aforesaid time
period, Burkkhart made or seconded the motion to approve a Monthly Financial Report
that included payment( s) to Franklin Street Garage. From September 2, 2014, through
December 3, 2019, the Borough paid Franklin Street Garage a total of $ 70, 143. 53 for
service/ repair work that was performed on Borough vehicles.
With regard to Burkhart' s SFIs, Burkhart:( I) failed to provide a response to
Gifts," "Transportation, Lodging, Hospitality" and " Financial Interest in any Legal Entity
in Business for Profit" on his SFI for calendar year 2014; ( 2) failed to provide a response
to " Address" on his SFI for calendar year 2015; and ( 3) failed to provide a response to
Business Interests Transferred to Immediate Family Member" on his SFIs for calendar
years 2016 and 2017.
Burkhart, 19- 023
Page 10

Having highlighted the Stipulated Findings and issues before us, we shall now
apply the Ethics Act to determine the proper disposition of this case.

The parties' Consent Agreement sets forth a proposed resolution of the

allegations as follows:

3. The Investigative Division will recommend the following

in relation to the above allegations:

a. That a violation of Section 1103( a) of the

Public Official and Employee Ethics Act, 65
Pa. C. S. § 1103( a), occurred when Todd
Burkhart, as a Member and Vice -President of
New Holland Borough Council, participated in
decisions of Borough Council to approve the
payment of invoices for services rendered to
the Borough from Franklin Street Garage, a
business with which Burkhart is associated.

b. That a technical violation of Section( s)

1105( b)( 1), 6), ( 7), ( 10) of the Pubic
Official and mployee 90, (
thics Act, 65 Pa. C. S.
1105( b)( 1), ( 6), ( 7), ( 9), ( 10), occurred
w en Burkhart filed deficient Statements of
Financial Interests by failing to provide a
response as to disclosures regarding
business interests transferred to immediate
family for calendar years 2016 and 2017,
failing to provide an address for calendar year
2015, and failing to respond as to disclosures
regarding gifts, travel, hospitality, lodging,
and financial interests in any business for
profit on a Statement of Financial Interests
filed for calendar year 2014.
1. For those deficiencies listed above,
with the exception of failing to provide
an address, Burkhart had no
disclosures to make.

C. That no action will be undertaken pursuant to

Section1104( a) of the Public Official and
Employee Ethics Act, 65 Pa. C. S. § 1104( a).

d. That no action will be undertaken pursuant to

Section 1104( d) of the Public Official and
Employee Ethics Act, 65 Pa. C. S. § 1104( d).

4. Burkhart agrees to make payment in the amount of

600. 00 in settlement of this matter payable as follows:
a. $ 500. 00 payable to the Commonwealth of
Pennsylvania and forwarded to the
Pennsylvania State Ethics Commission
within thirty ( 30) days of the issuance of the
final adjudication in this matter.
Burkhart, 19- 023
a' 11

b. $ 100. 00 which represents a portion of the

expenses and costs incurred by the State
Ethics Commission in the investigation and
administrative prosecution of the instant
matter, payable by certified check or money
order made payable to the Pennsylvania
State Ethics Commission within thirty ( 30)
days of the issuance of the final adjudication
in this matter.

5. Burkhart agrees to file complete and accurate amended

Statements of Financial Interests with New Holland
Borough, Lancaster County, through the Pennsylvania
State Ethics Commission, for calendar years 2014, 2015,
2016 and 2017 within thirty ( 30) days of the issuance of the
final adjudication in this matter.

6. Burkhart agrees to not accept any reimbursement,

compensation orpayment from
other New Holland
Borough representing a full or partial reimbursement of
the amount paid in settlement of this matter.
7. The Investigative Division will recommend that the State
Ethics Commission take no further action in this matter; and
make no specific recommendations to any law enforcement
or other authority to take action in this matter. Such,
however, does not prohibit the Commission from initiating
appropriate enforcement actions in the event of
Respondent' s failure to comply with this agreement or the
Commission' s order or cooperating with any other authority
who may so choose to review this matter further.
Consent Agreement, at 2- 3.

In considering the Consent Agreement, we acce t the recommendation of the

parties for a finding that a violation of Section 1103( a) D the Ethics Act occurred when
Burkhart, as a Member and Vice -President of Borough Council, participated in
decisions of Borough Council to approve the payment of invoices for services rendered
to the Borough by Franklin Street Garage, a business with which Burkhart is
associated.

Franklin Street Garage is a business with which Burkhart is associated in his

capacity as the owner. Burkhart used the authority of his office as a Member and Vice -
President of Borough Council when, between September 2, 2014, and December 3,
2019, he participated in 55 votes of Borough Council that approved Monthly Financial
Reports which included payments totaling approximately $ 65, 334. 53 to Franklin Street
Garage for servicing/ repairing Borough vehicles.
Based upon the Stipulated Findings and the Consent Agreement, we hold that
a violation of Section 1103( a) of the Ethics Act, 65 Pa. C. S. § 1103( a), occurred when
Burkhart, as a Member and Vice -President of Borough Council, participated in
decisions of Borough Council to approve the payment of invoices for services rendered
to the Borough by Franklin Street Garage, a business with which Burkhart is
associated.

We accept the recommendation, and we hold, that a technical violation

of Section( s) 1105( b)( gties'
6), ( 7), { 9), ( 10) of the Ethics Act, 65 Pa. C. S. §§ 1105( b)( 1),
6), ( 7), ( 9), ( 10), occurred when BBurkhart filed deficient SFIs by failing to provide a
Burkhart, 19- 023
ag

response as to disclosures regardingg " Business Interests Transferred to Immediate

Family Member" for calendar years 2016 and 2017, failing to provide an address for
calendar year 2015, and failing to respond as to disclosures regarding gifts, travel,
hospitality, lodging, and financial interest in any legal entity in business for profit on an
SFI filed for calendar year 2014. Based upon the Consent Agreement, the parties are
in agreement that with respect to the aforesaid deficiencies, with the exception of failing
to provide an address, Burkhart had no disclosures to make.
As part of the Consent Agreement, Burkhart has agreed to make payment in the
amount of $ 500. 00 payable to the Commonwealth of Pennsylvania and forwarded to
this Commission within thirty ( 30) days of the issuance of the final adjudication in this
matter.

Burkhart has further agreed to make payment to this Commission in the amount
of $ 100. 00,
representing a portion of the expenses and costs incurred by this
Commission in the investigation and administrative prosecution of the instant matter,
payable by certified check or money order made payable to the Pennsylvania State
Ethics Commission within thirty ( 30) days of the issuance of the final adjudication in
this matter.

Burkhart has also agreed 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.

Finally, Burkhart has agreed to file complete and accurate amended SFIs with
the Borough, through this Commission, for calendar years 2014, 2015, 2016, and 2017
within thirty ( 30) days of the issuance of the final adjudication in this matter.
We determine that the Consent Agreement submitted by the parties sets forth a
proper disposition for this case, based upon our review as reflected in the above
analysis and the totality of the facts and circumstances.

Accordingly, per the Consent Agreement of the parties, Burkhart is directed to

make payment in the amount of $ 500. 00 payable to the Commonwealth of
Pennsylvania and forwarded to this Commission by no later than the thirtieth ( 301h) day
after the mailing date of this adjudication and Order.
Per the Consent Agreement of the parties, Burkhart is further directed to make
payment to this Commission in the amount of $ 100. 00, representing a portion of the
expenses and costs incurred by this Commission in the investigation and administrative
prosecution of the instant matter, payable by certified check or money order made
payable to the Pennsylvania State Ethics Commission by no later than the thirtieth
301h) day after the mailing date of this adjudication and Order.
Burkhart 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.
To the extent he has not already done so, Burkhart is directed to file complete
and accurate amended SFIs for calendar years 2014, 2015, 2016, and 2017 with the
Borough, through this Commission, by no later than the thirtieth ( 30th) day after the
mailing date of this adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no
further action by this Commission. Noncompliance will result in the institution of an
order enforcement action.
Burkhart, 19- 023
age 1a

IV. CONCLUSIONS OF LAW:

As a Member of Council for New Holland Borough (" Borough"), Lancaster

County, Pennsylvania, since approximately January 2006, and as Vice -
President of Borough Council since 2015, Respondent Todd C. Burkhart
Burkhart") has been a public official subject to the provisions of the Public
Official and Employee Ethics Act (" Ethics Act"), 65 Pa. C. S. § 1101 et seq.

A violation of Section 1103( a) of the Ethics Act, 65 Pa. C. S. § 1103( a), occurred
when Burkhart, as a Member and Vice -President of Borough Council,
participated in decisions of Borough Council to approve the payment of invoices
for services rendered to the Borough by Franklin Street Garage Auto Repair,
LLC, a business with which Burkhart is associated.

3. A technical violation of Section( s) 1105( b)( 1), ( 6), ( 7), ( 9), ( 10) of the Ethics Act,
65 Pa. C. S. §§ 1' 105( b)( 1), ( 6), ( 7), ( 9), ( 11% occurred when Burkhart filed
deficient Statements of FFinancial Interests by failing to provide a response as to
disclosures regarding " Business Interests Transferred to Immediate Family
Member" for calendar years 2016 and 2017, failing to provide an address for
calendar year 2015, and failing to respond as to disclosures regarding gifts,
travel, hospitality, lodging, and financial interest in any legal entity in business
for profit on a Statement of Financial Interests filed for calendar year 2014.
a. For those deficiencies listed above, with the exception of failing to provide
an address, Burkhart had no disclosures to make.
In Re: Todd C. Burkhart, File Docket: 19- 023
Respondent Date Decided: 6/ 22/ 20
Date Mailed: 711120

ORDER NO. 1773

Todd C. Burkhart (" Burkhart"). as a Member and Vice -President of Council for New
Holland Borough (" Borough'), Lancaster County, Pennsylvania, violated Section
11 03a of the Public Official and Employee Ethics Act Ethics
(" Act"), 65 Pa. C.S. 1103(
§
a),
when he participated in decisions of Borough Council to approve the payment
of invoices for services rendered to the Borough by Franklin Street Garage
Auto Repair, LLC, a busines with which Burkhart is as ociated. 2.

A technical violation of Section( s) 1105(( b)( 1), (6), ( 7), ( 9), J10 of the Ethics Act, 65
Pa. C. S. 1105( §§ 1), (6), ( 7), ( 9 , ( 10),
b)( occurred when Burkhart filed deficient Statements
of Financial Interests by failing to provide a response as to disclosures re
Interests Transferred to Immediate Family Member" for ca?
arding " Business
endar years 2016 and 2017, failing to provide an address for calendar year 2015,
and failing to respond as to disclosures re arding gifts, travel, hospitality, lodging,
and financial interest in any legal entity in busines for profit on a Staement
of Financial Interests filed for calendar year 2014. a.
For those deficiencies listed above, with the exception of failing to provide an
address, Burkhart had no disclosures to make. 3.

Per the Consent Agreement of the parties, Burkhart is directed to make payment in
the amount of 500.
$ 00 payable to the Commonwealth of Pen sylvania and forwarded
to the Pennsylvania State Ethics Commission by no later than the thirtieth (
Vh)day after the mailing date of this Order. Per
the Consent Agreement of the parties, Burkhart is further directed to make payment
00, representing
to the Pennsylvania State Ethics Commission in the amount of 100.$
a portion of the expenses and costs incurred by this Commission in the
investigation and administrative prosecution of the instant matter, payable by certified
check or money order made payable to the Pennsylvania State Ethics Commission
by no later than the thirtieth ( 30th) day after the mailing date of this Order.
Burkhart

is directed to not accept any reimbursement, compensation or other payment

from the Borough representing a ful or partial reimbursement of the amount
paid in set lement of this matter. To
the extent he has not already done so,Burkhart is directed to file complete and accurate
amended Statements of Financial Interests for calendar years 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.
Burkhart, 19- 023
a 5

7. Compliance with paragraphs 3, 4, 5, and 6 of this Order will result in the closing of
this case with no further action by this Commission.
a. Non- compliance will result in the institution of an order enforcement action.

BY THE COMMISSION,