Court reviews fine in case that could rewrite nepotism rules

HARRISBURG >> Pennsylvania’s highest court will determine whether the head of a township roadwork crew in the Poconos should have to pay $30,000 over approving timecards for his son, in a case that could alter the state’s anti-nepotism rules.

The state Supreme Court said Tuesday it will review the case of John P. Sivick, who was ordered to pay the money even though the financial benefits from his actions were paid to his son, J. Justin Sivick, who goes by Jay.

The justices will consider whether the timecard approval was an impermissible conflict of interest under Pennsylvania’s Ethics Act and whether restitution is allowed.

Robert Caruso, executive director of the State Ethics Commission, the entity that levied the fine against the former Lehman Township supervisor and public works director in Pike County, said the commission has long viewed the type of conduct John Sivick engaged in as a violation.

“I’ve been with the commission for 37 years, and ... the commission has consistently found that type of conduct to be a violation of the act. This is the first time it’s been looked at by the courts,” Caruso said.

Sivick’s lawyer, Edmund Healy, said his client routinely approved timecards for the crew he supervised for years before his son Jay was hired by the other supervisors.

“It seems to me if he’s doing what he’s always done, the kid is just a subclass of all the other employees under his supervision — this is what supervisors do,” Healy said. “My belief is that the Ethics Act requires something that says the kid got something for which he is not entitled.”

The ethics commission received a complaint in 2015 about John Sivick, an elected township supervisor since 1994 and the longtime public works and road crew manager.

In 2009, the township adopted an anti-nepotism policy that prohibited anyone from taking a job that would

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