Supervisor says his tie-breaking vote for wife's pay increase falls within ethics code

Williams Township's Board of Supervisors voted 2-1 on Jan. 7, 2019, to hire Melody Ernst as Assistant Township Manager in addition to her position as the township's Secretary/Treasurer. (John Best | lehighvalleylive.com contributor)

It took two rounds of voting and a tie-breaking vote by Supervisors' Chairman Mark Ernst to increase his wife's salary by nearly $4,000.

Williams Township's three-member Board of Supervisors voted 2-1 Monday to hire Melody Ernst as assistant township manager in addition to her current position as the township's Secretary/Treasurer.

Melody Ernst will get a pay increase from $57,181 to $61,117 as compensation for her added duties.

Melody Ernst has worked for the township since 2007 and Mark Ernst, her husband, has been a supervisor since 2016.

In the first vote Monday, Mark Ernst said he would abstain from the pay raise vote due to a conflict of interest.

Supervisor Michael Bryant voted in favor of hiring Melody Ernst for the newly-created position but Supervisor Ray Abert voted "no."

Abert said Melody Ernst does an excellent job and his vote has nothing to do with her performance.

"I just think that's too high of an increase," Abert said. "I don't think we need an assistant manager in a township of our size."

The supervisors went into a private session after the first vote, then emerged and held another vote. Bryant's and Abert's votes remained the same but, this time, Mark Ernst did not abstain and voted in favor of giving his wife the job.

Township Manager Mikal Sabatine said Ernst had been aware that a conflict might arise due to his position as supervisor and he previously had contacted the Pennsylvania State Ethics Commission regarding potential conflicts.

"I think he was aware that at some point in time something like this might come up," Sabatine said.

The state's Public Official and Employee Ethics Act places restrictions on a public official from voting on a matter that would benefit himself or any member of his immediate family.

However, there are a couple exceptions to these conflicts of interest. One exception deals specifically with a three-member panel.

An official in a three-member panel may vote for the benefit of himself or a family member if he first abstains and announces the reason for his abstention. If the first vote ends in a tie, the official need not continue to abstain and may vote to break the tie.

"This is what he was allowed to do," Abert said. "It was his decision and I respect it."

When Jennifer Smethers resigned in May, the township was without a manager for several months before Sabatine was hired in August.

Sabatine said he supports creating an assistant manager position to cover these types of situations.

"There needs to be an overlap of responsibilities," Sabatine said.

Sabatine also acts as the township's assistant treasurer.

John Best is a freelance writer. Find lehighvalleylive.com on Facebook.

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