HomeMy WebLinkAbout1501 McCallisterIn Re: Edward McCallister,
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Paul M. Henry
Raquel K. Bergen
Nicholas A. Colafella
07 -059
Order No. 1501
12/4/08
12/19/08
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding a possible violation 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." An Answer was filed and a hearing was requested. A
Stipulation of Findings and a Consent Agreement waiving an evidentiary hearing 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.
This adjudication of the State Ethics Commission is issued under the Ethics Act and
will be made available as a public document thirty days after the mailing date noted above.
However, reconsideration may be requested. Any reconsideration request must be
received at this Commission within thirty days of the mailing date and must include a
detailed explanation of the reasons as to why reconsideration should be granted in
conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the
finality of this adjudication but will defer its public release pending action on the request by
the Commission.
The files in this case will remain confidential in accordance with the Ethics Act.
McCallister, 07 -059
Page 2
I. ALLEGATIONS:
That Edward McCallister, a public official /public employee, in his capacity as a
Member of the Steel Valley School District Board of Directors, violated Sections 1103(a)
and 1104(a) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. § §1103(a) and 1104(a),
when he used the authority of his public position for the private pecuniary gain of a
member of his immediate family by participating in board discussions and actions resulting
in the hiring of his brother to various positions with the school district including but not
limited to the following: Social Studies Department Head, Girl's Basketball Coach,
Intramurals Director, Equipment manager, Middle School Academic Challenges and
District Athletic Director; when he participated in discussions of the Board to make the
Athletic Director a full -time position at the time when his brother held the position; and
when he failed to file Statements of Financial Interests for the 2001 and 2002 calendar
years.
II. FINDINGS:
1. Edward McCallister has served as a Member of the Steel Valley School District
(hereafter SVSD) Board of Directors since December 3, 2001.
a. McCallister served as the Vice - President of the Board from December 6,
2004, until December 5, 2005.
2. SVSD is governed by a nine member board of directors.
a. SVSD holds one workshop meeting and one legislative meeting each month
on the third and fourth Tuesday of the month respectively.
1. Voting occurs only at the legislative meeting.
b. Occasional special meetings are held as necessary.
3. Voting at SVSD meetings occurs via general voice vote after a motion has been
properly made and seconded.
a. Each individual board member's vote, including abstentions or objections
cast, is recorded in the meeting minutes.
b. Minutes of all meetings held are approved for accuracy by the board at
subsequent board meetings.
4. The SVSD board of directors generally receives informational packets every Friday
regarding situations, issues, events, etc. which have occurred at the district during
the prior week.
a. The packets are organized and compiled by the Superintendent's office.
b. The regular meeting agenda, bill lists, prior month's minutes and various
reports, correspondence, newspaper articles, etc. are included in the packet
generally received the Friday prior to the workshop meeting.
5. The SVSD board of directors votes to approve the payment of district expenses
under the "Financial Management" portion of each regular meeting.
a. Various expenses are voted on and approved in one encompassing motion,
including, among others, General Fund hand checks or Payroll Funding
Transfers.
McCallister, 07 -059
Page 3
1 Approval of General Fund hand checks and Payroll Funding
Transfers represents approval of all wages /salaries issued to district
staff in their primary and supplemental employment (if applicable) with
the district for the month(s) specified in the minutes.
aa. SVSD previously transferred payroll funds via approval and
issuance of a general fund check noted on the General Fund
hand check listing prior to utilizing automated Payroll Funding
Transfers.
6. Signature authority over SVSD accounts rests with the board president, board vice -
president, and district business manager (a /k/a board secretary).
a. SVSD checks require the signature of two of the three authorized
signatories.
1. Checks routinely bear the signatures of the board president and
business manager.
b. Checks issued are generated by the district with the required signatures
already printed or have the required signatures affixed via facsimile stamps.
7 Various supplemental positions exist at SVSD in addition to administrative,
teaching, support, and custodial positions.
a. Existing supplemental positions are set forth via the Collective Bargaining
Agreement between the Steel Valley Education Association and SVSD.
8. Individuals approved by the board for supplemental contracts with the district
receive specific wages /salaries for their service in their respective positions.
a. Wages /salaries received for each existing supplemental position are
specified in the Collective Bargaining Agreement for each effective year of
the Agreement.
b. Individuals approved for supplemental positions submit supplemental salary
payment requests for each supplemental contract to the Payroll Office
indicating the desired schedule of payment.
9. Collective Bargaining Agreements in effect from 2002 through 2006 and 2006
through 2011 address the issue of supplemental contracts under Article XXIV,
Miscellaneous Provisions, Section H.
Per Section H of the Collective Bargaining Agreement, the district is to make
one annual posting of all supplemental positions which it considers to be
vacant or which will not necessarily be filled with the incumbent.
1. The board is to take public action naming the successful candidate for
all posted positions.
b. The incumbent is retained for all non - posted positions.
10. Supplemental positions provided for via the Collective Bargaining Agreement
include both athletic (i.e., coaching) positions and general activities positions.
a.
11. The school board generally approves one listing for supplemental activity positions
McCallister, 07 -059
Page 4
and three listings for supplemental athletic positions each school year.
a. Postings for supplemental athletic positions represent positions for the fall,
winter, and spring sports seasons.
b. All listings for existing supplemental positions (both posted and non - posted)
and the proposed individuals to fill said positions are ultimately approved via
formal vote by the SVSD school board.
12. SVSD maintains an Athletic /Activities Director position (hereafter AD position) to
organize and administer all interscholastic athletic programs and district supported
student activities.
a. Primary responsibilities documented in the job description include, among
others, recommending to the superintendent staff needs, preferred
candidates for vacant positions, and renewal or non - renewal of all personnel
related to areas of responsibility.
13. Identification of vacant positions at SVSD normally occurs via employee e-mail,
posting in faculty lounges, and employee paychecks.
a. Postings may also occur via various out -of- district mediums (i.e,
newspapers) if no interest in the positions is expressed by district
employees.
b. Vacant positions are posted in -house at the district for approximately two
weeks prior to out -of- district postings occurring.
14. Individuals interested in applying for vacant supplemental positions in the district
are to express their interest in writing within two weeks of the posting.
a. Letters of interest are to be submitted to the AD or the applicable building
principal for the position in question.
15. Interviews conducted for supplemental positions are conducted by the AD and the
applicable building principal at a minimum.
16. Recommendation of individuals to be appointed into supplemental athletic /activity
positions are made by the AD to the applicable building principal and from the
building principal to the Superintendent for eventual recommendation to the school
board for approval.
17. Recommendations to the board are made via memorandum and attachments which
are included in the Friday informational packets issued prior to the monthly
workshop meeting.
a. Attachments accompanying the memorandum list each supplemental
position and the individual recommended for the position.
18. Appointment /approval of individuals to supplemental positions occurs via vote by
the school board during the Personnel Management portion of legislative meetings.
a. The school board typically votes on many personnel issues at once via one
all inclusive vote.
19. Shawn McCallister is Edward McCallister's brother.
McCallister, 07 -059
Page 5
a. Shawn McCallister was employed as a full time teacher with SVSD from July
11, 1991, through June 30, 2005.
20. The AD position vacancy was posted throughout SVSD subsequent to the previous
AD's notice of resignation.
a. The previous AD's notice of resignation was accepted by the school board at
the March 14, 2005, regular meeting.
21. Shawn McCallister expressed his interest in the AD position in writing to Dr. William
Kinavey, Assistant Superintendent (at that time), after the vacancy was posted.
a. A total of four individuals applied for /expressed interest in the vacant AD
position.
22. Interviews for the AD position were conducted by Kinavey, Senior High Principal
Nancy Hines, and Middle School Principal John Ackerman.
a. Shawn McCallister was selected as the top candidate by the interview team.
23. SVSD Solicitor Donald Fetsko provided a written legal opinion dated April 20, 2005,
to Edward McCallister, the school board, then Superintendent Dr. Alex Warren, and
then board Secretary Michael Bichko regarding a potential conflict regarding Shawn
McCallister's appointment to the AD position.
a. Fetsko issued the opinion in response to Ducar's request as the president of
the school board.
1. Ducar indicated to Fetsko that Shawn McCallister had either made
application or intended to make application for the AD position.
2. Ducar requested that Fetsko render a legal opinion on Edward
McCallister's ability to vote for Shawn McCallister's potential
appointment to the vacant AD position.
24. Fetsko's opinion stated that McCallister could vote for his brother if the school
board was unable to elect a person to the position due to a tie vote or the inability to
secure five votes for any one candidate.
a. The opinion stated that McCallister could vote under 65 Pa C.S.A. § 1103(j)
of the State Ethics Act if the procedure outlined in said section was followed.
25. At the May 23, 2005, regular school board meeting, a motion was made by board
member Beth Cannon, seconded by board member Colleen Fedor, to approve
various items under "Personnel Management."
a. Included in the motion was the approval of Shawn McCallister to the
supplemental position of AD at a salary of $7,761.93 effective at the
beginning of the 2005 -2006 school year.
26. The motion to appoint Shawn McCallister to the AD position resulted in an initial 4-
3-1 vote.
a. Eight board members were present at the May 23, 2005, meeting.
b. McCallister abstained from the initial vote regarding the appointment of his
brother to the AD position.
McCallister, 07 -059
Page 6
27. Section 508 of the Pennsylvania Public School Code sets forth instances which
require the affirmative vote of a majority of all the members of the school board
regardless of the number of board members actually in attendance including, but
not limited to, the following:
a. Entering into contracts of any kind, including contracts for the purchase of
fuel or any supplies, where the amount involved exceeds one hundred
dollars.
28. The initial motion to appoint Shawn McCallister as the AD failed due to a lack of the
required number of affirmative votes.
a. Per Section 508 of the Public School Code, five affirmative votes were
required to appoint Shawn McCallister to the AD position.
1. The vote taken involved entering into a contract with Shawn
McCallister to provide services as AD in an amount exceeding
$100.00.
29. Subsequent to the initial vote, Fetsko advised that a majority of the entire board was
required to fill the position and that Edward McCallister was subsequently permitted
to vote in order for a decision to be reached regarding Shawn McCallister's
appointment.
a. A motion was subsequently made by board member Keith O'Toole, seconded
by Cannon, to reconsider the appointment of Shawn McCallister to the
supplemental position of AD at a salary of $7,761.93 effective at the beginning
of the 2005 -2006 school year.
30. A second motion to appoint Shawn McCallister into the AD position passed via 5 -3
vote upon reconsideration during the May 23, 2005, meeting.
a. McCallister voted in favor of appointing his brother to the AD position, per
the advice of Solicitor Fetsko.
b. McCallister's vote was the deciding vote on his brother's appointment.
31. No specific salary was established for the AD position in association with the
position's temporary full time status.
a. The salary for the position was considered supplemental as listed in the
applicable Collective Bargaining Agreement.
32. Shawn McCallister performed the duties and responsibilities of the AD position on a
temporary full time basis during the 2005 -2006 school year.
a. Shawn McCallister taught no classes at SVSD during the 2005 -2006 school
year.
b. SVSD employed a long -term substitute teacher during the 2005 -2006 school
year to teach Shawn McCallister's Middle School Social Studies classes.
33. Although Shawn McCallister taught no classes during the 2005 -2006 school year,
Shawn McCallister continued to receive his teacher's salary under the applicable
Collective Bargaining Agreement.
McCallister, 07 -059
Page 7
a. Shawn McCallister received the supplemental salary associated with the AD
position as listed in the applicable Collective Bargaining Agreement in
addition to his teacher's salary during the 2005 -2006 school year.
34. Shawn McCallister was not considered an administrator in his AD position.
a. Shawn McCallister was considered a professional employee covered by the
Collective Bargaining Agreement.
1. Shawn McCallister was required to work one hundred ninety days
during the 2005 -2006 school year including one hundred eighty
student days, four clerical days, and six in- service days.
b. Shawn McCallister was not required to work during the summer months as
district administrators were.
35. No formal board action was taken at the start of the 2006 -2007 school year
regarding the status of the AD position.
a. Shawn McCallister was the incumbent for the position.
36. Although no formal action was taken by the board at that time, the issue regarding
the status of the AD position was occasionally discussed by the board in executive
sessions.
a. McCallister participated in discussions regarding the AD position to at least
the same extent as other board members present.
37. The meeting packet issued to the SVSD board members the Friday before the
October 17, 2006, workshop meeting included a proposal titled "Athletic /Activities
Director."
a. The proposal is dated October 13, 2006.
b. The proposal was prepared by Kinavey.
38. Information in the proposal included a description of the request presented, relevant
facts, a recommendation for action, and an attachment.
a. The description of the request included the following information:
1. In 2004 -2005 the AD position was half -time AD and half -time teacher.
2. In 2005 -2006 the AD position was made temporary full -time.
3. Duties and responsibilities had been added to the position since
becoming full -time, such as coordinating facility rentals and
fundraising requests, operating the school store, and monitoring all
events.
4. Kinavey's recommendation [was] to change the status of the AD
position from temporary to a permanent, full -time position within the
collective bargaining agreement.
b. The attachment to the proposal consisted of correspondence from the Steel
Valley Education Association (SVEA) President Drew Vautier.
McCallister, 07 -059
Page 8
1 In the correspondence, Vautier requested that the school board
consider making the AD position a professional position belonging to
the bargaining unit represented by the SVEA.
aa. Vautier indicated that the bargaining unit felt the position
should be incorporated into the bargaining unit as a permanent
position which would allow the district to resolve the parallel
issue of the long term substitute in the Middle School Social
Studies position.
39. Kinavey's proposal regarding the AD position was discussed in Executive Session
at the October 17, 2006, board of director's workshop meeting.
a. The subject of the AD position dominated the discussion held during the
Executive Session.
b. McCallister was present at the October 17, 2006, workshop meeting.
c. McCallister participated in the discussions regarding making the position a
full -time, permanent position.
d. McCallister was a supporter of making the athletic director position
permanent and full time.
e. The discussions McCallister participated in did not pertain to the individual
that would hold the possible permanent full -time position, but the status of
the position.
40. At the October 24, 2006, regular meeting of the SVSD board of directors, a motion
was made by McCallister, seconded by board member Brian Heddleston, to
approve eighteen separate and individual items under the Personnel Management
section of the meeting via one encompassing vote.
a. Included in the Personnel Management section of the meeting under Item
6.4 was, "Change the status of the position of Athletic /Activities Director from
temporary to a permanent full -time position within the collective bargaining
agreement effective immediately."
41. The vote to approve the items documented in the Personnel Management section of
the meeting, including the status change of the AD position to permanent full -time
and its inclusion in the Collective Bargaining Agreement, passed via a 5 -3 -1 vote.
a. McCallister voted in favor of the motion.
1. McCallister cast the deciding vote regarding the motion.
2. McCallister voted in favor of the motion at a time when Shawn
McCallister occupied the temporary full -time Athletic Director position.
b. Tim McCallister abstained from voting on the motion.
1. Tim McCallister is Shawn McCallister's cousin.
42. The AD position at SVSD has been a full -time permanent position since October 24,
2006.
a. Shawn McCallister has served as the full -time permanent AD since October
McCallister, 07 -059
Page 9
24, 2006.
b. Shawn McCallister has not taught any classes at SVSD since becoming the
full time permanent AD.
43. McCallister participated in votes as a member of the SVSD board of directors in
appointing Shawn McCallister, his brother, to the position of AD for the 2005/2006,
2006/2007, and 2007/2008 school years as shown below:
Meeting For School McCallister McCallister's Final Vote
Date Year Present Vote
05/23/05 2005 -2006 Yes Yes 5 -3
N/A 2006 -2007 N/A N/A N/A
08/28/07 2007 -2008 No N/A 5 -0
a. The vote documented for the May 23, 2005, meeting represents the second
vote taken on the issue per instructions by Solicitor Fetzko.
b. No official motion /vote is documented in SVSD minutes regarding the
appointment of Shawn McCallister to the AD position for the 2006 -2007
school year.
c. McCallister did not participate in the vote to appoint Shawn McCallister as
the AD for the 2007 -2008 school year.
44. Shawn McCallister's salary as the SVSD AD was established by the Collective
Bargaining Agreement in effect for the 2005 -2006 and 2006 -2007 school years
respectively as shown below:
School Year Supplemental Salary
(Gross)
2005 -2006 $7,761.03
2006 -2007 $8,149.08
Total $15,910.11
a. Shawn McCallister's salary as the AD is supplemental to that of his salary as
a professional employee under the Collective Bargaining Agreement.
45. Shawn McCallister submitted supplemental salary payroll requests to the SVSD
Business Office on September 7, 2005, for the 2005 -2006 school year and on
August 28, 2006, for the 2006 -2007 school year in relation to his supplemental
salary as the AD.
a. Shawn McCallister requested that the supplemental salaries be split into
equal payments over the course of the nine month academic school year for
each year.
1. Shawn McCallister received eight payments of $431.17 from
September 23, 2005, through December 30, 2005, and ten payments
of $431.14 from January 1, 2006, through May 19, 2006, for the 2005-
2006 school year.
aa. Checks issued to Shawn McCallister representative of the AD
supplemental salary and other supplemental salaries were
separate and apart from Shawn McCallister's regular payroll
Meeting
Date
Position
School
Year
McCallister
Present
McCallister's
Vote
Final
Vote
08/11/03
Social Studies Department Head
2003/2004
Yes
Yes
9 -0
10/13/03
7 "' Grade Girls Basketball Coach
2003/2004
Yes
Yes
9 -0
09/20/04
Middle School Academic Challenges
2004/2005
Yes
Yes
7 -0
McCallister, 07 -059
Page 10
checks.
2. Shawn McCallister received seventeen payments of $479.35 from
October 6, 2006, through May 18, 2007, and one payment of
$479.48 in June 2007 for the 2006 -2007 school year.
aa. Checks issued to Shawn McCallister representative of the AD
supplemental salary and other supplemental salaries were
included within Shawn McCallister's regular payroll checks on
all but two occasions during the 2006 -2007 school year.
46. In addition to serving as the district AD, Shawn McCallister was also appointed to
the following supplemental positions, at a minimum, spanning the time frame of the
2002/2003 through 2006/2007 school years as shown below:
a. Middle School Student Gov. Sponsor: 2002/2003
b. Girls Varsity Basketball Coach: 2002/2003
c. Seventh Grade Girls Basketball Coach: 2003/2004
d. Middle School Academic Challenges Sponsor: 2002/2003 through
2004/2005
1. Shawn McCallister was initially appointed as the Middle School
Academic Challenges Sponsor for the 2005/2006 school year also but
resigned the position prior to receiving the established salary.
e. Social Studies Dept. Head: 2002/2003 through 2004/2005
f. Boys Varsity Basketball Coach: 2003/2004 through 2006/2007
g. Equipment Manager: 2006/2007
h. Intramurals Director: 2002/2003 through 2006/2007
1. Although appointed to the Intramurals Director position for the
2004/2005 school year, no record of payment to Shawn McCallister
was noted.
All additional supplemental positions to which Shawn McCallister was appointed
were ultimately presented to the school board of directors for formal approval with
the exception of Equipment Manager for the 2005/2006 school year.
aa. Shawn McCallister informally began serving as the Equipment Manager in
January 2006 but received no salary in the position until the beginning of the
2006/2007 school year.
47. Edward McCallister was present at SVSD school board meetings and participated in
votes to approve Shawn McCallister's appointment to various supplemental contract
positions on six separate occasions as shown below:
Meeting
Date
Position
School
Year
McCallister
Present
McCallister's
Vote
Final
Vote
09/16/02
Intramural Director
2002/2003
Yes
Abstained
5 -2 -1
09/16/02
Middle School Student Government
2002/2003
Yes
Abstained
5 -2 -1
10/14/02
Girls Varsity Basketball Coach
2002/2003
Yes
Abstained
5 -0 -1
06/09/03
Boys Varsity Basketball Coach
2003/2004
Yes
Abstained
8 -0 -1
09/15/03
Intramural Director
2003/2004
Yes
Abstained
7 -0 -1
09/15/03
Middle School Academic Challenges
2003/2004
Yes
Abstained
7 -0 -1
08/09/04
7 "' Grade Girls Basketball Coach
2004/2005
Yes
Abstained
7 -0 -1
08/09/04
Social Studies Department Head
2004/2005
Yes
Abstained
7 -0 -1
12/05/06
Boys Varsity Basketball Coach
2006/2007
Yes
Abstained
7 -0 -1
Meeting
Date
Position
School
Year
McCallister
Present
McCallister's
Vote
Final
Vote
09/19/05
Intramural Director
2005/2006
Yes
Yes
7 -0
07/25/06
Equipment Manager
2006/2007
Yes
Yes
9 -0
09/26/06
Intramural Director
2006/2007
Yes
Yes
8 -0
McCallister, 07 -059
Page 11
48. McCallister was aware of the requirement to abstain from votes regarding the
appointment of Shawn McCallister to supplemental contract positions.
a. SVSD school board meeting minutes document McCallister abstaining from
votes to appoint Shawn McCallister to supplemental contract positions as
shown below:
b. Aware of the need to abstain from voting regarding the appointment of
Shawn McCallister to supplemental contract positions, McCallister did vote
on six occasions to appoint lists of individuals to supplemental positions.
Included in these lists were the appointments of Shawn McCallister to the
above six (6) supplemental positions.
49. Shawn McCallister's salaries in the supplemental contract positions were
established within the Collective Bargaining Agreement in effect for each applicable
year that the positions were held as noted in the chart below:
Position
Social Studies Department Head
7 "' Grade Girls Basketball Coach
Middle School Academic Challenges
Intramural Director
Equipment Manager
Intramural Director
Total
School Year Supplemental Salary
2003/2004
2003/2004
2004/2005
2005/2006
2006/2007
2006/2007
(Gross)
$1,759.50
1,966.50
267.81
1,663.08
2,910.38
1, 746.23
$10,313.50
a. Shawn McCallister's salaries in his supplemental contract positions were
separate and apart from his salary as a professional employee under the
Collective Bargaining Agreement.
b. Information presented in the chart above is limited to those instances where
McCallister took official action and was one of the unanimous votes to
appoint Shawn McCallister to the supplemental positions noted.
50. Shawn McCallister submitted supplemental salary payroll requests to the SVSD
Business office requesting payment in relation to his supplemental contract
Check
Number
Check
Date
Check
Amount
(Net)
Disposition
Reason Issued
011428*
11/07/03
$1,435.70
Negotiated: Acct # 32318014
7 "' Grade Girls Basketball Coach
012097
12/05/03
1,733.66
Negotiated: Acct # 32318014
Intramurals Director/
Middle School Academic Cing/
Boys Varsity Basketball/
Social Studies Dept. Head
016076
05/21/04
1,284.48
Negotiated: Acct # 32318014
Intramurals Director/
Middle School Academic Cing/
Social Studies Dept. Head
024764
05/06/05
216.10
Negotiated: Acct # 32318014
Middle School Academic Cing
028087
09/23/05
347.91
Negotiated: Acct # 32318014
Athletic Director
028434
10/07/05
347.91
Negotiated: Acct # 32318014
Athletic Director
028794
10/21 /05
347.91
Negotiated: Acct # 32318014
Athletic Director
029164
11/04/05
347.91
Negotiated: Acct # 32318014
Athletic Director
029503
11/18/05
347.91
Negotiated: Acct # 32318014
Athletic Director
029877
12/02/05
2,713.99
Negotiated: Acct # 32318014
Boys Varsity Basketball/
Intramurals Director/
Athletic Director
030248
12/16/05
347.91
Negotiated: Acct # 32318014
Athletic Director
Position - School Year
Submission
Date
Pymt Schedule
Pymt
Amount(s)
2 p $879.75
Total
{Gross)
$1,759.50
Social Studies Department Head -03/04
Unknown*
1/2 Dec & 1/2 May
7 "' Grade Girls Basketball Coach -03/04
10/21/03
Lump Sum
$1,966.50
$1,966.50
Middle School Academic Challenges -04/05
10/11/04
Lump Sum
$267.81
$267.81
Intramural Director -05/06
10/10/05
1 / Dec & 1 / May
2 (a, $831.54
$1,663.08
Equipment Manager -06/07
08/28/06
Equal
Payments
18 @ $153.18
1 (a, $153.14
$2,910.38
Intramural Director -06/07
09/27/06
1 / Dec & 1 / May
1 $873.12
1 A $873.11
$1,746.23
McCallister, 07 -059
Page 12
positions as follows:
* No supplemental salary payroll request form could be located for Shawn
McCallister's Social Studies Department Head position regarding the
2003/2004 school year.
a. Checks issued to Shawn McCallister during the time period of November 7,
2003, through October 6, 2006, and on November 3, 2006, as payment for
supplemental positions held were issued separate and apart from Shawn
McCallister's regular payroll checks.
1. Checks issued to Shawn McCallister at times represented payment
for multiple supplemental positions held.
b. Checks issued to Shawn McCallister during the time period of October 20,
2006, through June 1, 2007, represented payment of Shawn McCallister's
regular payroll as well as any supplemental contract payment due at that
time.
51. By participating in the unanimous votes to appoint Shawn McCallister to various
supplemental positions at SVSD, McCallister's actions contributed to Shawn
McCallister's receipt of at least forty -two checks wholly or in part representative of
supplemental salaries due as shown below:
Check
Number
Check
Date
Check
Amount
(Net)
Disposition
Reason Issued
030619
12/30/05
347.91
Negotiated: Acct # 32318014
Athletic Director
030974
01/13/06
347.91
Negotiated: Acct # 32318014
Athletic Director
031334
01/27/06
347.91
Negotiated: Acct # 32318014
Athletic Director
031752
02/10/06
2,243.98
Negotiated: Acct # 32318014
Boys Varsity Basketball/
Athletic Director
032125
02/24/06
347.91
Negotiated: Acct # 32318014
Athletic Director
032518
03/10/06
347.91
Negotiated: Acct # 24432014
Athletic Director
032880
03/24/06
347.91
Negotiated: Acct # 24432014
Athletic Director
033250
04/07/06
347.91
Negotiated: Acct # 24432014
Athletic Director
033603
04/21/06
347.91
Negotiated: Acct # 24432014
Athletic Director
033999
05/05/06
937.56
Negotiated: Acct # 24432014
Intramurals Director/
Athletic Director
034385
05/19/06
347.88
Negotiated: Acct # 24432014
Athletic Director
037322
09/22/06
123.60
Negotiated: Acct # 24432014
Equipment Manager
037710
10/06/06
495.36
Negotiated: Acct # 24432014
Equi Manager/
Athletic Director
38066
10/20/06
2,420.61
Negotiated: Acct # 24432014
Equipment Manag
Athletic Director/
Regular Salary
38197
11/03/06
123.60
Negotiated: Acct # 24432014
Equipmen Manager
38198
11/03/06
2,332.44
Negotiated: Acct # 24432014
Athletic D
Regular Salary
38316
11/17/06
2,420.61
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager
38446
12/01/06
2,923.33
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager/
Intramurals Director
38551
12/15/06
4,096.66
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager/
Boys Varsity Basketball
38656
12/29/06
2,422.20
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager
38763
01/12/07
2,380.62
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager
38872
01/26/07
2,432.62
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager
38986
02/09/07
2,432.62
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager
39082
02/23/07
4,116.73
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager/
Boys Varsity Basketball
39197
03/09/07
2,432.62
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager
39303
03/23/07
2,432.62
Negotiated: Acct # 24432014
Athletic Director/
McCallister, 07 -059
Page 13
Check
Number
Check
Date
Check
Amount
(Net)
Disposition
Reason Issued
Final
Vote
Reason Issued
011428*
11/07/03
Regular Salary/
Equipme Manager
39420
04/05/07
2,432.62
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager
39531
04/20/07
2,432.62
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager
39619
05/04/07
2,432.62
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager
39708
05/18/07
2,935.24
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager/
Intramurals Director
39883
06/01/07
2,156.75
Negotiated: Acct # 24432014
Athletic Director/
Regular Salary/
Equipment Manager
Check
Number
Check
Date
Check
Amount
Meeting
Date
McCallister
Vote
Final
Vote
Reason Issued
011428*
11/07/03
$1,435.70
01/12/04
No (Not Present)
7 -0
7 "' Grade Girls
Basketball Coach
012097
12/05/03
1,733.66
02/09/04
No (Not Present)
7 -0
Intramurals Director/
Middle School
Academic Cing/
Boys Varsity
Basketball/
Social Studies Dept.
Head
McCallister, 07 -059
Page 14
* Extra $35.00 included in check total for work performed at athletic function
a.
Account numbers xxxx8014 and xxxx2014 represent personal accounts
maintained at Tri Boro Federal Credit Union over which Shawn McCallister
holds signature authority.
52. McCallister was one of the unanimous votes to approve General Fund Hand
Checks or Payroll Funding Transfers during the "Financial Management" section of
SVSD meetings authorizing the issuance of payroll, including checks representing
wholly or in part, supplemental salaries to Shawn McCallister, as follows:
b.
Shawn McCallister's signature appears on the reverse of each check issued
along with micro numbers associated with Shawn McCallister's accounts at
Tri Boro Federal Credit Union with the exception of check numbers 033250
and 39303.
1. Micro numbers 3231807 and 2443200 are associated with account
numbers xxxx8014 and xxxx2014 respectively.
2. Check numbers 033250 and 39303 each bear a deposit stamp in the
endorsement section of each check along with micro number
xxxx2014.
Check
Number
Check
Date
Check
Amount
Meeting
Date
McCallister
Vote
Final
Vote
Reason Issued
016076
05/21/04
1,284.48
06/21/04
No (Not Present)
6 -0
Intramurals Director/
Middle School
Academic Cing/
Social Studies Dept.
Head
024764
05/06/05
216.10
06/27/05
No (Not Present)
6 -0
Middle School
Academic Cing
028087
09/23/05
347.91
10/10/05
No (Not Present)
None
Recorded
Athletic Director
028434
10/07/05
347.91
11/14/05
No (Not Present)
7 -0
Athletic Director
028794
10/21/05
347.91
11/14/05
No (Not Present)
7 -0
Athletic Director
029164
11/04/05
347.91
12/05/05
Yes
6 -0
Athletic Director
029503
11/18/05
347.91
12/05/05
Yes
6 -0
Athletic Director
029877
12/02/05
2,713.99
01/24/06
No (Not Present)
6 -0
Boys Varsity
Basketball/
Intramurals Director/
Athletic Director
030248
12/16/05
347.91
01/24/06
No (Not Present)
6 -0
Athletic Director
030619
12/30/05
347.91
01/24/06
No (Not Present)
6 -0
Athletic Director
030974
01/13/06
347.91
02/28/06
Yes
8 -0
Athletic Director
031334
01/27/06
347.91
02/28/06
Yes
8 -0
Athletic Director
031752
02/10/06
2,243.98
03/28/06
Yes
6 -0
Boys Varsity
Basketball/
Athletic Director
032125
02/24/06
347.91
03/28/06
Yes
6 -0
Athletic Director
032518
03/10/06
347.91
04/25/06
Yes
8 -0
Athletic Director
032880
03/24/06
347.91
04/25/06
Yes
8 -0
Athletic Director
033250
04/07/06
347.91
05/23/06
Yes
8 -0
Athletic Director
033603
04/21/06
347.91
05/23/06
Yes
8 -0
Athletic Director
033999
05/05/06
937.56
06/29/06
Yes
8 -0
Intramurals Director/
Athletic Director
034385
05/19/06
347.88
06/29/06
Yes
8 -0
Athletic Director
037322
09/22/06
123.60
10/24/06
Yes
9 -0
Equipment Manager
037710
10/06/06
495.36
12/05/06
Yes
8 -0
Equipment Manager/
Athletic Director
38066
10/20/06
2,420.61
12/05/06
Yes
8 -0
Equipment Manager/
Athletic Director/
Regular Salary
38197
11/03/06
123.60
12/05/06
Yes
8 -0
Equipment Manager
38198
11/03/06
2,332.44
12/05/06
Yes
8 -0
Athletic Director/
Regular Salary
38316
11/17/06
2,420.61
12/05/06
Yes
8 -0
Athletic Director/
Regular Salary/
Equipment Manager
38446
12/01/06
2,923.33
01/23/07
Yes
8 -0
Athletic Director/
Regular Salary/
Equipment Manager/
Intramurals Director
38551
12/15/06
4,096.66
01/23/07
Yes
8 -0
Athletic Director/
Regular Salary/
Equipment Manager/
Boys Varsity Basketball
38656
12/29/06
2,422.20
01/23/07
Yes
8 -0
Athletic Director/
Regular Salary/
McCallister, 07 -059
Page 15
Check
Number
Check
Date
Check
Amount
Meeting
Date
McCallister
Vote,
Final
Vote
Reason Issued
Equipment Manager
38763
01/12/07
2,380.62
02/27/07
Yes
7 -0
Athletic Director/
Regular Salary/
Equipment Manager
38872
01/26/07
2,432.62
02/27/07
Yes
7 -0
Athletic Director/
Regular Salary/
Equipment Manager
38986
02/09/07
2,432.62
03/27/07
Yes
9 -0
Athletic Director/
Regular Salary/
Equipment Manager
39082
02/23/07
4,116.73
03/27/07
Yes
9 -0
Athletic Director/
Regular Salary/
Equipment Manager/
Boys Varsity Basketball
39197
03/09/07
2,432.62
04/24/07
Yes
7 -0
Athletic Director/
Regular Salary/
Equipment Manager
39303
03/23/07
2,432.62
04/24/07
Yes
7 -0
Athletic Director/
Regular Salary/
Equipment Manager
39420
04/05/07
2,432.62
05/22/07
Yes
9 -0
Athletic Director/
Regular Salary/
Equipment Manager
39531
04/20/07
2,432.62
05/22/07
Yes
9 -0
Athletic Director/
Regular Salary/
Equipment Manager
39619
05/04/07
2,432.62
06/28/07
No (Not Present)
7 -0
Athletic Director/
Regular Salary/
Equipment Manager
39708
05/18/07
2,935.24
06/28/07
No (Not Present)
7 -0
Athletic Director/
Regular Salary/
Equipment Manager/
Intramurals Director
39883
06/01/07
2,156.75
08/28/07
No (Not Present)
5 -0
Athletic Director/
Regular Salary/
Equipment Manager
McCallister, 07 -059
Page 16
Extra $35.00 included in check total for work performed at athletic function
a. McCallister was one of the unanimous affirmative votes on twenty -nine out of
forty -two possible occasions to approve General Fund Hand Checks or
Payroll Funding Transfers resulting in the issuance of checks representing
wholly or in part supplemental salaries due to Shawn McCallister.
b. McCallister was not present to vote at the thirteen remaining school board
meetings.
53. At the August 28, 2007, regular board meeting, the SVSD board of directors was
presented with the 2007/2008 fall athletic supplemental register and the 2007/2008
activity supplemental appointment register for approval.
a. Shawn McCallister was documented as the recommended appointee for the
positions of AD, Equipment Manager, and Intramurals Director.
Supplemental Position
School
Year
Contract Salary
(Grass)
Social Studies Department Head
2003/2004
$1,75 9.50
7 "' Grade Girls Basketball Coach
2003/2004
1,966.50
Middle School Academic
Challenges
2004/2005
267.81
McCallister, 07 -059
Page 17
b. The presentation of the registers for approval, among other items, is
documented under the Personnel Management section of the minutes.
c. Edward McCallister was not present at the August 28, 2007, meeting.
54. Prior to the vote to approve the items listed under "Personnel Management," board
member Beth Cannon presented for consideration that the supplemental positions
of Equipment Manager and Intramurals Director be responsibilities included within
the full time AD position.
a. No action was taken on Cannon's recommendation at the August 28, 2007,
meeting.
55. Items presented under the Personnel Management section of the meeting, including
the approval of the athletic and supplemental positions as presented, were
approved via 5 -0 vote with the exception of Shawn McCallister's appointment as the
AD, Equipment Manager, and Intramurals Director.
a. The board voted 2 -2 -1 on Shawn McCallister's appointment as the AD and
1 -3 -1 on Shawn McCallister's appointment as the Equipment Manager and
Intramurals Director.
1. Tim McCallister abstained from the vote to appoint Shawn McCallister
as the AD, Equipment Manager, and Intramurals Director.
56. The SVSD board of directors subsequently heard a separate motion from board
member Brian Heddleston, seconded by Tim McCallister, to appoint Shawn
McCallister into the position of AD only at the August 28, 2007, meeting.
a. The motion passed via 5 -0 vote.
57. Revisions to the job description of AD, among other items, were presented for
approval under the Personnel Management section of the October 23, 2007, regular
meeting of the SVSD board of directors.
a. Revisions included adding language which effectively incorporated the
duties of Equipment Manager and Intramurals Director into the full time AD
position.
b. The revisions were approved via 6 -1 -1 vote.
1. Edward McCallister abstained from the vote.
a. No increase in salary for the AD position occurred as a result of
incorporating the Equipment Manager and Intramurals Director into the AD
position.
58. Shawn McCallister, Edward McCallister's brother, was paid approximately
$26,223.61 (gross) as a result of his appointment to various supplemental contract
positions with SVSD as shown below:
Athletic /Activities Director
2005/2006
7,761.03
Intramural Director
2005/2006
1,663.08
Athletic /Activities Director
2006/2007
8,149.08
Equipment Manager
2006/2007
2,910.38
Intramural Director
2006/2007
1,746.23
Total
$26,223.61
McCallister, 07 -059
Page 18
a. The vote by McCallister to appoint his brother to the AD position for the
2005/2006 school year was based on the advice of the SVSD Solicitor
Donald Fetsko.
b. No official motion /vote by McCallister is documented in SVSD minutes
regarding the appointment of Shawn McCallister to the AD position for the
2006 -2007 school year.
c. The total financial gain realized by Shawn McCallister as a result of his
appointment to positions that his brother participated in, minus Sections (a)
and (b) above, was $10,313.50.
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT McCALLISTER
FAILED TO FILE STATEMENTS OF FINANCIAL INTERESTS IN HIS POSITION AS A
SCHOOL BOARD MEMBER FOR CALENDAR YEARS 2001 AND 2002.
59. Statement of Financial Interests filing requirements for public officials and public
employees are mandated by Section 1104 of the State Ethics Act.
a. McCallister was required to file Statements of Financial Interests by May 1St
annually in his position as a member of the SVSD Board of Directors.
60. A review of Statements of Financial interests on file with SVSD was conducted on
April 27, 2007, and February 14, 2008.
a. McCallister filed Statements of Financial Interests with SVSD for calendar
years 2003 through 2006 as shown below:
Calendar Year Signature Date
2003 05 -01 -05
2004 02 -14 -05
2005 03 -28 -06
1. McCallister's Statement of Financial Interests filed for calendar year
2003 is an amended form based on a previous Statement of Financial
Interests Compliance Review conducted by the Commission's
Administrative Division.
61. Review of available Statements of Financial Interests on file at SVSD revealed no
Statements of Financial interests for McCallister regarding calendar year 2002.
III. DISCUSSION:
As a Member of the School Board ( "Board ") of the Steel Valley School District
( "School District ") since December 3, 2001, Respondent Edward McCallister (hereinafter
also referred to as "Respondent," "Respondent McCallister," and "McCallister") 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.
McCallister, 07 -059
Page 19
The allegations are that Respondent violated Sections 1103(a) and 1104(a) of the
Ethics Act: (1) when he, as a Member of the Board, used the authority of his public
position for the private pecuniary gain of a member of his immediate family by participating
in Board discussions and actions resulting in the hiring of his brother to various positions
with the School District including but not limited to Social Studies Department Head, Girl's
Basketball Coach, Intramurals Director, Equipment Manager, Middle School Academic
Challenges Sponsor, and District Athletic Director; (2) when he participated in discussions
of the Board to make the Athletic Director a full -time position at the time when his brother
held the position; and (3) when he failed to file Statements of Financial Interests ( "SFIs ")
for the 2001 and 2002 calendar years.
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:
§ 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.
Section 1103(a) of the Ethics Act prohibits a public official /public employee 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 1104(a) of the Ethics Act provides that each public official /public employee
must file a Statement of Financial Interests for the preceding calendar year, each year that
he holds the position and the year after he leaves it.
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.
Respondent has served as a Member of the Board since December 3, 2001. The
McCallister, 07 -059
Page 20
Board consists of nine Members.
The Board formally votes to appoint /hire individuals to positions with the School
District. In addition to administrative, teaching, support, and custodial positions, the Board
fills various "supplemental positions," such as coaching and general activities positions.
Individuals approved by the Board for supplemental contracts with the School District
receive specific wages or salaries set forth in the Collective Bargaining Agreement for their
service in such supplemental positions.
At the Board's March 14, 2005, regular meeting, the Board accepted the resignation
of the individual who was then serving as the School District's Athletic /Activities Director
( "AD "). The AD position vacancy was posted throughout the School District.
Respondent's brother, Shawn McCallister, was one of four individuals who expressed
interest in the vacant AD position. At the time, Shawn McCallister was employed as a
teacher with the School District. Following interviews for the AD position, Shawn
McCallister was selected as the top candidate by the interview team.
At the request of the Board President, the School District Solicitor provided a written
legal opinion as to Respondent's ability to vote for Shawn McCallister's potential
appointment to the vacant AD position. In the legal opinion, dated April 20, 2005, the
Solicitor stated that Respondent could vote to appoint his brother to the AD position if
there was a tie vote of the Board or if there were not five votes for any one candidate. The
Solicitor's opinion also stated that Respondent could vote if the procedures set forth in
Section 1103(j) of the Ethics Act were followed.
Five affirmative votes were required in order to appoint /hire Shawn McCallister to
the School District's AD position. On May 23, 2005, at a regular meeting of the Board, the
Board voted on two motions to appoint Shawn McCallister to the position of AD. The initial
motion failed by a 4 -3 -1 vote. Respondent abstained from the initial vote to appoint his
brother to the AD position. The Solicitor then advised that Respondent was permitted to
vote on his brother's appointment to the AD position so that a final decision could be
reached by the Board. After a second motion was made to appoint Shawn McCallister to
the AD position, Respondent voted in favor of appointing his brother to the AD position.
The second motion passed by a 5 -3 vote, with Respondent casting the deciding vote.
At the time Shawn McCallister was appointed to the AD position, it was a temporary,
full -time position. No specific salary was established for the AD position, but the salary
was considered to be supplemental per the applicable Collective Bargaining Agreement.
For the 2005 -2006 school year, Shawn McCallister performed the duties and
responsibilities of the AD position on a temporary full -time basis. Shawn McCallister did
not teach any classes at the School District during the 2005 -2006 school year, but he
continued to receive his teacher's salary along with the supplemental salary associated
with the AD position per the applicable Collective Bargaining Agreement.
For the 2006 -2007 school year, Shawn McCallister was the incumbent for the AD
position. No official motion /vote is documented in Board meeting minutes regarding the
appointment of Shawn McCallister to the AD position for the 2006 -2007 school year.
Although the Board did not take any formal action regarding the AD position at the
beginning of the 2006 -2007 school year, the Board, including Respondent, occasionally
discussed the status of the AD position at executive sessions.
At the Board's October 17, 2006, workshop meeting, the then Assistant
Superintendent presented a proposal to the Board to change the status of the AD position
to a permanent, full -time position within the Collective Bargaining Agreement. Respondent
participated in the Board discussions and supported the aforesaid proposal. The
McCallister, 07 -059
Page 21
discussions in which Respondent participated did not specifically pertain to the particular
individual who would be holding the possible permanent, full -time AD position, but rather,
the status of the position.
At the October 24, 2006, regular Board meeting, Respondent made a motion to
approve multiple personnel items, including changing the status of the AD position from a
temporary position to a permanent, full -time position within the Collective Bargaining
Agreement effective immediately. (The Board typically votes on many personnel issues at
once via one all- inclusive vote. Fact Finding 18 a.) Respondent's motion passed by a 5 -3-
1 vote. Respondent's vote in favor of the motion was the deciding vote. Respondent
voted in favor of the motion at a time when Shawn McCallister occupied the AD position.
The AD position has been a full -time permanent position since October 24, 2006.
Respondent's brother, Shawn McCallister, has served as the full -time permanent AD since
October 24, 2006, and has not taught any classes at the School District since that time.
We note that Respondent was not present at the Board's meeting on August 28,
2007, and did not participate in the vote at that meeting to appoint Shawn McCallister to
the AD position for the 2007 -2008 school year.
Per the Collective Bargaining Agreements, Shawn McCallister's salary as the AD
was $7,761.03 for the 2005 -2006 school year and $8,149.08 for the 2006 -2007 school
year, for a total of $15,910.11. Such AD salary was supplemental to Shawn McCallister's
salary as a professional employee under the Collective Bargaining Agreement.
Respondent also voted to appoint his brother to the following supplemental contract
positions: Social Studies Department Head for the 2003 -2004 school year; Seventh Grade
Girls Basketball Coach for the 2003 -2004 school year; Middle School Academic
Challenges Sponsor for the 2004 -2005 school year; Intramural Director for the 2005 -2006
and 2006 -2007 school years; and Equipment Manager for the 2006 -2007 school year.
Shawn McCallister submitted supplementary salary payroll requests and received a total of
$10,313.50 for serving in the aforesaid supplemental positions.
Respondent was aware of the need to abstain from voting regarding the
appointment of his brother to supplemental contract positions. Respondent abstained from
voting to appoint his brother to various supplemental contract positions at six Board
meetings between September 16, 2002, and December 5, 2006. Fact Finding 48 a. Per
Paragraph 3 e of the Consent Agreement, the parties are in agreement that Respondent
abstained from voting to appoint his brother to supplemental contract positions on nine
different occasions between 2002 and 2004 and in 2006.
Between December 5, 2005, and May 22, 2007, Respondent voted to approve
twenty -nine checks issued to his brother that included payments for supplemental salaries.
Respondent was not present at the remaining Board meetings when checks for
supplemental salaries were approved for his brother.
The parties have stipulated that as a result of Respondent's participation in votes to
appoint Shawn McCallister to various supplemental positions within the School District,
Shawn McCallister received a total financial gain of $10,313.50.
As for Respondent's SFIs, Respondent was required to annually file an SFI in his
capacity as a Board Member. No SFI for Respondent for calendar year 2002 was on file
with the School District. The Stipulated Fact Findings do not include a Fact Finding as to
Respondent's SFI for calendar year 2001. However, as noted below, based upon the
Consent Agreement, the parties are in agreement that Respondent failed to file SFIs with
the School District for both the 2001 and 2002 calendar years.
McCallister, 07 -059
Page 22
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 Law, 65 Pa.C.S. §1103(a),
occurred when McCallister voted to appoint his brother
to the following positions: Social Studies Department
Head (2003), Girl's Basketball Coach (2003),
Intramurals Director (2005 and 2006), Equipment
Manager ( 2006), Middle School Academic Challenges
(2004); and
b. That a violation of Section 1103(a) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1103(a),
occurred in relation to McCallister participating in
discussions of the Board to make the Athletic Director a
permanent full -time position at a time when his brother
held the position of temporary full -time Athletic Director
(2006); and
c. That a technical violation of Section 1103(a) of the
Public Official and Employee Ethics Law, 65 Pa.C.S.
§1103(a), occurred when McCallister voted to approve
the Supplemental Position salary paychecks for his
brother (2003- 2007); and
d. That an unintentional violation of Section 1103(a) of the
Public Official and Employee Ethics Law, 65 Pa.C.S.
§1103(a), occurred when McCallister voted to appoint
his brother to the Athletic Director position on the
advice of the School Board Solicitor (2005); and
e. That no violation of Section 1103(a) of the Public
Official and Employee Ethics Law, 65 Pa.C.S. §1103(a),
occurred when McCallister abstained from voting to
appoint his brother into Supplemental Contract
Positions on nine (9) different occasions (2002 -2004,
and 2006) due to the fact that he abstained; and
f. That a technical violation of Section 1104(a) of the
Public Official and Employee Ethics Law, 65 Pa.C.S.
§1104(a), occurred in relation to McCallister's failure to
file Statements of Financial Interests for the 2001 and
2002 calendar years.
4. McCallister agrees to make payment in the amount of $10,313.50 in
settlement of this matter 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. The Investigative Division agrees to
accept a payment plan of an initial payment of $5,000.00, eleven (11)
McCallister, 07 -059
Page 23
payments of $442.79, and one (1) payment of $442.81. Said
payments to begin within thirty (30) days of issuance of the final
adjudication in this matter and each month thereafter. If McCallister
has not already done so, he agrees to file Statements of Financial
Interests for calendar years 2001 and 2002 with the Steel Valley
School District with a copy of each forwarded to this Commission.
5. 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 agree with the parties that a violation of
Section 1103(a) of the Ethics Act occurred when Respondent voted to appoint his brother,
Shawn McCallister, to the compensated positions of Social Studies Department Head in
2003, Girl's Basketball Coach in 2003, Intramurals Director in 2005 and 2006, Equipment
Manager in 2006, and Middle School Academic Challenges Sponsor in 2004. As
Respondent's brother, Shawn McCallister is a member of Respondent's immediate family
as that term is defined in the Ethics Act. But for the fact that Respondent was a Board
Member, he would not have been in a position to vote to appoint his brother to the
aforesaid supplemental positions. Per the Stipulated Findings, Respondent knew that he
should abstain from voting to appoint his brother to supplemental contract positions. Such
uses of authority of office resulted in a private financial gain to Shawn McCallister in the
amount of $10,313.50.
Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act occurred
when Respondent voted to appoint his brother to the positions of Social Studies
Department Head in 2003, Girl's Basketball Coach in 2003, Intramurals Director in 2005
and 2006, Equipment Manager in 2006, and Middle School Academic Challenges Sponsor
in 2004. Cf., Bayle, Order 1454; Martin, Order 1483.
Turning to the second recommendation of the Consent Agreement, we accept the
parties' recommendation for a finding that a violation of Section 1103(a) of the Ethics Act
occurred when Respondent participated in discussions of the Board to make the temporary
full -time AD position a permanent full -time position, at a time when Respondent's brother
held the AD position. Respondent used the authority of his public office with respect to the
change in status of the AD position. But for the fact that Respondent was a Board
Member, he would not have been in a position to participate in the Board discussions at
the October 17, 2006, workshop meeting, and to support a proposal to change the status
of the AD position to a permanent, full -time position within the Collective Bargaining
Agreement. Respondent further used the authority of his office at the October 24, 2006,
Board meeting when he made the motion and cast the deciding vote to change the AD
position from a temporary position to a permanent, full -time position within the Collective
Bargaining Agreement. See, Fact Findings 40 -41 a. The Stipulated Findings do not
quantify the private pecuniary benefit resulting to Shawn McCallister from this change.
However, it is clear from the totality of the Stipulated Findings and Consent Agreement that
the parties are in agreement that Shawn McCallister did receive a private pecuniary benefit
as a result of the change in status of the AD position, and that such private pecuniary
benefit was not de minimis.
Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act occurred in
McCallister, 07 -059
Page 24
relation to Respondent participating in discussions /actions of the Board in 2006 to make
the AD position a permanent full -time position at a time when his brother held the position
of temporary full -time AD.
We next consider the parties' recommendation that a technical violation of Section
1103(a) of the Ethics Act occurred when Respondent voted to approve the supplemental
position salary paychecks for his brother between 2003 and 2007. We note that a legal
issue could have existed as to the scope of the allegation and this particular
recommendation. We further note that factually, Respondent's votes to approve
supplemental position salary paychecks for his brother occurred between December 2005
and May 2007, and that Respondent did not participate in all such votes during the stated
time period. Fact Finding 52.
Given: (1) that the parties have entered into a comprehensive Consent Agreement
with the benefit of legal counsel to assist them in weighing all relevant factual and legal
considerations; and (2) the parties are in agreement that a finding of a violation of Section
1103(a) of the Ethics Act as contemplated by Paragraph 3 c of the Consent Agreement
would be appropriate as part of an overall settlement of this case, we shall accept the
parties' proposed disposition.
We hold that a technical violation of Section 1103(a) of the Ethics Act occurred
when Respondent voted to approve supplemental position salary paychecks for his brother
between 2003 and 2007. Stoner, Order 1304.
Turning to the fourth recommended violation, we agree that an unintentional
violation of Section 1103(a) of the Ethics Act occurred when Respondent voted to appoint
his brother to the AD position based upon the advice of the School Board Solicitor.
Factually, at the May 23, 2005, Board meeting, Respondent used the authority of
office when he cast the deciding vote to appoint his brother to the AD position. However,
Respondent had initially abstained as to a similar motion that failed for lack of sufficient
affirmative votes. Respondent participated in the vote as to the second motion after the
Solicitor advised that he could do so in order for the Board to reach a final decision on the
issue. The Solicitor's advice was contrary to this Commission's decision in Pavlovic,
Opinion 02 -005 (Holding that the conditions of Section 1103(j) of the Ethics Act for voting
despite a conflict would not be met when only one member of a five - member board would
have a conflict of interest under the Ethics Act). Respondent acted based upon the legal
advice that he received from the Solicitor.
We therefore hold that an unintentional violation of Section 1103(a) of the Ethics
Act occurred when Respondent voted on May 23, 2005, to appoint his brother to the AD
position, based upon the advice of the School Board Solicitor. Cf., Kurtz, Order 1252.
As for the fifth recommendation of the Consent Agreement, Respondent abstained
from voting to appoint his brother to various supplemental contract positions at six Board
meetings between September 16, 2002, and December 5, 2006. Fact Finding 48 a. Per
Paragraph 3 e of the Consent Agreement, the parties are in agreement that Respondent
abstained from voting to appoint his brother to supplemental contract positions on nine
different occasions between 2002 and 2004 and in 2006.
We therefore accept the parties' recommendation and hold that no violation of
Section 1103(a) of the Ethics Act occurred when Respondent abstained from voting to
appoint his brother to supplemental contract positions on nine different occasions between
2002 and 2004 and in 2006.
Turning to the recommended technical violation of Section 1104(a) of the Ethics Act,
Respondent was required to annually file an SFI in his capacity as a Board Member.
McCallister, 07 -059
Page 25
Factually, no SFI for Respondent for calendar year 2002 was on file with the School
District. The Stipulated Fact Findings do not include a Fact Finding as to Respondent's
SFI for calendar year 2001. However, based upon the totality of the Stipulated Findings
and Consent Agreement, the parties are in agreement that Respondent failed to file SFIs
with the School District for both the 2001 and 2002 calendar years.
Accordingly, we hold that a technical violation of Section 1104(a) of the Ethics Act
occurred in relation to Respondent's failure to file SFIs for the 2001 and 2002 calendar
years.
As part of the Consent Agreement, Respondent has agreed to make payment in the
amount of $10,313.50 in settlement of this matter as follows: an initial payment of
$5,000.00, eleven payments of $442.79, and one payment of $442.81 with said payments
to be made payable to the Commonwealth of Pennsylvania and forwarded to this
Commission, and with said payments to begin by no later than the thirtieth (30th) day after
the mailing date of this adjudication and Order and to be made each month thereafter.
Additionally, to the extent he has not already done so, Respondent has agreed to
file SFIs for calendar years 2001 and 2002 with the School District with a copy of each
such filing forwarded to this Commission.
We determine that the Consent Agreement submitted by the parties sets forth the
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, Respondent McCallister is
directed to make payment in the amount of $10,313.50 as follows: an initital payment of
$5,000.00, eleven payments of $442.79, and one payment of $442.81, with said payments
to be made payable to the Commonwealth of Pennsylvania and forwarded to this
Commission, and with said payments to begin by no later than the thirtieth (30th) day after
the mailing date of this adjudication and Order and to be made each month thereafter.
To the extent he has not already done so, Respondent McCallister is directed to file
SFIs for calendar years 2001 and 2002 with the School District by no later than the thirtieth
(30 day after the mailing date of this adjudication and Order, and to forward a copy of
each such filing to this Commission for compliance verification purposes.
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.
IV. CONCLUSIONS OF LAW:
1. As a Member of the School Board ( "Board ") of the Steel Valley School District
( "School District ") since December 3, 2001, Respondent Edward McCallister
( "McCallister ") 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.
2. A violation of Section 1103(a) of the Ethics Act occurred when McCallister voted to
appoint his brother to the following positions in the following years: Social Studies
Department Head in 2003, Girl's Basketball Coach in 2003, Intramurals Director in
2005 and 2006, Equipment Manager in 2006, and Middle School Academic
Challenges Sponsor in 2004.
3. A violation of Section 1103(a) of the Ethics Act occurred in relation to McCallister
participating in discussions /actions of the Board in 2006 to make the
Athletic /Activities Director ( "AD ") position a permanent full -time position at a time
McCallister, 07 -059
Page 26
when his brother held the position of temporary full -time AD.
4. A technical violation of Section 1103(a) of the Ethics Act occurred when McCallister
voted to approve supplemental position salary paychecks for his brother between
2003 and 2007.
5. An unintentional violation of Section 1103(a) of the Ethics Act occurred when
McCallister voted on May 23, 2005, to appoint his brother to the AD position, based
upon the advice of the School Board Solicitor.
6. No violation of Section 1103(a) of the Ethics Act occurred when McCallister
abstained from voting to appoint his brother to supplemental contract positions on
nine different occasions between 2002 and 2004 and in 2006.
7 A technical violation of Section 1104(a) of the Ethics Act occurred in relation to
McCallister's failure to file Statements of Financial Interests for the 2001 and 2002
calendar years.
In Re: Edward McCallister,
Respondent
ORDER NO. 1501
File Docket: 07 -059
Date Decided: 12/4/08
Date Mailed: 12/19/08
1 Edward McCallister ( "McCallister "), a public official in his capacity as a Member of
the School Board ( "Board ") of the Steel Valley School District ( "School District ")
since December 3, 2001, violated Section 1103(a) of the Public Official and
Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), when he voted to appoint
his brother to the following positions in the following years: Social Studies
Department Head in 2003, Girl's Basketball Coach in 2003, Intramurals Director in
2005 and 2006, Equipment Manager in 2006, and Middle School Academic
Challenges Sponsor in 2004.
2. A violation of Section 1103(a) of the Ethics Act occurred in relation to McCallister
participating in discussions /actions of the Board in 2006 to make the
Athletic /Activities Director ( "AD ") position a permanent full -time position at a time
when his brother held the position of temporary full -time AD.
3. A technical violation of Section 1103(a) of the Ethics Act occurred when McCallister
voted to approve supplemental position salary paychecks for his brother between
2003 and 2007.
4. An unintentional violation of Section 1103(a) of the Ethics Act occurred when
McCallister voted on May 23, 2005, to appoint his brother to the AD position, based
upon the advice of the School Board Solicitor.
5. No violation of Section 1103(a) of the Ethics Act occurred when McCallister
abstained from voting to appoint his brother to supplemental contract positions on
nine different occasions between 2002 and 2004 and in 2006.
6. A technical violation of Section 1104(a) of the Ethics Act occurred in relation to
McCallister's failure to file Statements of Financial Interests ( "SFIs ") for the 2001
and 2002 calendar years.
7 Per the Consent Agreement of the parties, McCallister is directed to make payment
in the amount of $10,313.50 as follows: an initial payment of $5,000.00, eleven
payments of $442.79, and one payment of $442.81, with said payments to be made
payable to the Commonwealth of Pennsylvania and forwarded to this Commission,
and with said payments to begin by no later than the thirtieth (30 day after the
mailing date of this Order and to be made each month thereafter.
8. To the extent McCallister has not already done so, McCallister is directed to file
SFIs for calendar years 2001 and 2002 with the School District by no later than the
thirtieth (30 day after the mailing date of this Order, and to forward a copy of each
such filing to this Commission for compliance verification purposes.
McCallister, 07 -059
Page 28
9. Compliance with Paragraphs 7 and 8 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,
Louis W. Fryman, Chair