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For Immediate Release Contact For More Information:

December 3, 2018 Robert P. Caruso


Executive Director
(717) 783-1610

The Pennsylvania State Ethics Commission has issued a


final adjudication in the following matters under
The Ethics Act

HARRISBURG, PA –
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 (30 th) 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. 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.

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:

1740 Zimmerman: http://www.ethicsrulings.state.pa.us/weblink/0/doc/294908/Page1.aspx


1742 Middleton: http://www.ethicsrulings.state.pa.us/weblink/0/doc/294910/Page1.aspx