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HomeMy WebLinkAbout1506 SteffyIn Re: John Steffy, 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 08 -025 Order No. 1506 3/12/09 3/27/09 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." 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. Steffy, 08 -025 Page 2 I. ALLEGATIONS: That John Steffy, a public official /public employee in his capacity as the Chief Financial Officer and Secretary to the Board of Directors of the Penn -Delco School District, Delaware County, violated Section 1104(a) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. § 1104(a), when he failed to file a Statement of Financial Interests for the 2005 calendar year and subsequently backdated the form to give the impression that the form was timely filed. II. FINDINGS: 1. John Steffy has served as the Chief Financial Officer of the Penn -Delco School District since 1991. a. Steffy also has served as Secretary to the School Board since approximately May 1999. b. Steffy's compensation for both positions is included as part of his employment contract with the District. 2. Steffy's general job duties as Chief Financial Officer for the Penn -Delco School District include supervision of the District's transportation, cafeteria, facility, and custodial staff and responsibility for all financial activities of the District, including the budget and any ongoing construction projects. 3. Records of the Penn -Delco School District include a job description for the position of Business Manager dated February 2000. The job description for the position of Business Manager is the same as the one for the position of Chief Financial Officer. a. Per the job summary, this position is "responsible for directing and managing the financial and business affairs for the district in such a way as to help provide the best possible educational services with the financial resources available." b. This position reports to the Superintendent and has the following primary duties and responsibilities: 1. Coordinate the preparation of the annual operating budget. 2. In conjunction with the Superintendent, determine priorities for the services and needs that compete for funds within the school district. 3. Provide adequate reporting, including an annual financial report, monthly treasurer reports, bill lists, and required district, local, state, and federal agencies [sic]. 4. Ensure that the annual audit report is prepared in accordance with the standards set forth by the American Institute of Certified Public Accounting, an opinion letter is included directed to the Board, and the report is filed with appropriate agencies. 5. Coordinate matters with state and local auditors. 6. Provide recommendations regarding borrowing money for capital improvements, tax anticipation, refunding a prior issue, or any other legal purposes. Steffy, 08 -025 Page 3 7 Calculate the timing and amounts of cash receipts, cash disbursements, purchases of investments and sales [of] investments, and maintain a cash flow projected schedule. 8. Manage a cash management and investment program that generates the maximum yield while making sure the funds are safeguarded from potential loss. 9. Develop, manage and evaluate the preparation, distribution, and reporting of the payroll. 10. Develop purchasing and supply management procedures to insure that materials are provided in a timely manner, are appropriately accounted for, and are properly controlled. 11. Assure student accounting data is maintained and reported as mandated by the State Department of Education as well as assure that the policy on student activities funds is followed. 12. Ensure the disposal of obsolete or surplus property is in compliance with local, state, and federal laws and provides maximum benefits to the school entity. 13. Manage the accounting and reporting functions of the food service operation with constant analysis of income and expenditure data. 14. Supervise administration of employee benefits plans, including retirement, and evaluate and develop a comprehensive risk management insurance program consistent with the applicable laws of Pennsylvania. 15. Manage and evaluate data processing programs for business operations of the school district and monitor the records retention program, including establishment of a retention and disposition schedule as mandated by policy and federal (and) state regulations. 16. Assist the Board with contract negotiations. 17. Coordinate all matters with tax collectors if applicable, prepare and mail tax duplicates, and collect real estate taxes if applicable. 18. Complete and file all local, state and federal financial reports. 19. Act as district contact person with architects and contractors during the buildings projects as well as prepare and process all bids. 20. Assume the responsibilities of Board Secretary as outlined in the Pennsylvania School Code of 1949 as amended and in specifications as set forth by the Board and Superintendent. 21. Supervise the District transportation department in compliance with local, state, and federal regulations. 22. Supervise, establish performance goals for, and evaluate all business office staff members. Meet regularly with the staff members. 23. Perform other duties as assigned by the Superintendent. Steffy, 08 -025 Page 4 4. On September 27, 2005, the Penn -Delco School District entered into an employment contract with John Steffy for the position of "Chief Financial Officer." This contract covers the period from September 27, 2005, through June 30, 2011, [and provides that] responsibilities of the Chief Financial Officer include: 1. The Chief Financial Officer shall be responsible for the adequate and efficient organization and conduct of the District's business affairs in accordance with such policies as the District may adopt, and for keeping the District informed about its business affairs and finances and about the status of the business office and its operations. These duties are further described in the Job Description contained in Appendix A hereto. 2. The duties of the Chief Financial Officer that are stated in this Agreement and its appendices may be changed or supplemented only by a written amendment that is agreed to and signed by the Board and Chief Financial Officer and that states such changes and /or supplemental duties. 3. The Chief Financial Officer and /or his designee(s) shall attend all regular and special meetings of the Board of School Directors, and the Chief Financial Officer or his designee shall attend all committee meetings as directed by the Superintendent or Board. 5. Steffy, in his official capacity as Chief Financial Officer of the Penn -Delco School District, was annually required to file a Statement of Financial Interests form by May 1 containing information for the prior calendar year. 6. The Penn -Delco School District is annually provided blank Statement of Financial Interests forms for completion by District officials and employees, by the State Ethics Commission. 7 The State Ethics Commission contracts for the printing of Statements of Financial Interests annually. a. The State Ethics Commission contracted with Digital Ink Printing Company annually since 2000. b. Orders for forms are placed with the printers in December of the preceding year. c. Forms are received by the Administrative Division of the State Ethics Commission the December before the January of the filing year. d. Forms are then bulk mailed to each municipality in the Commonwealth of Pennsylvania. 8. Statement of Financial Interests forms were mailed to the Penn -Delco School District in years 2003, 2004, 2005, 2006, and 2008. a. In 2003, blank forms, SEC -1, Rev. 1/04 were mass mailed to all municipalities in the Commonwealth, including the Penn -Delco School District on December 5, 2003. b. In 2004, blank forms, SEC -1, Rev. 1/05 were mass mailed to all municipalities in the Commonwealth, including the Penn -Delco School District on December 17, 2004. Steffy, 08 -025 Page 5 c. In 2005, blank forms, SEC -1, Rev. 1/06 were mass mailed to all municipalities in the Commonwealth, including the Penn -Delco School District on December 20, 2005. d. In 2006, blank forms, SEC -1, Rev. 1/07 were mass mailed to all municipalities in the Commonwealth, including the Penn -Delco School District on December 22, 2006. e. In 2008, blank forms, SEC -1, Rev. 1/08 were mass mailed to all municipalities in the Commonwealth, including the Penn -Delco School District on January 3, 2008, January 7, 2008, and January 14, 2008. 9. Blank Statement of Financial Interests forms were mailed to the Penn -Delco School District in December or January of each year for distribution in or before January of the filing year. a. Forms were mailed to the attention of Superintendent Leslye Abrutyn. b. In 2003, 2004, and 2005, twenty -five (25) blank forms were mailed to Abrutyn's attention. c. In 2006 and 2008, fifty (50) blank forms were mailed to Abrutyn's attention. 10. Each year when forms are printed, a form identification number is listed in the upper left hand corner of the forms. a. Forms printed in 2003 contained an identification number of SEC -1, Rev. 1/04 while forms printed in 2004, 2005, 2006, and 2007 contained identification numbers of SEC -1, Rev. 1/05, SEC -1, Rev. 1/06, SEC -1, Rev. 1/07, and SEC -1, Rev. 1/08 respectively. 11. Fran Closs, Secretary to the Chief Financial Officer (Steffy), is responsible for the distribution and maintenance of Statement of Financial Interests forms. a. Closs would provide blank Statement of Financial Interests forms for School Board Members to complete in their meeting packets. b. For District employees, Closs would provide blank forms for completion via interoffice mail. 12. Steffy was annually provided with blank Statement of Financial Interests forms for completion. a. Steffy submitted completed forms to Closs for records retention purposes. b. Closs' office area is next to Steffy's at the District's Administration Building. 13. Statement of Financial Interests forms on file with the Penn -Delco School District as of June 15, 2008, included the following filings for Steffy covering calendar years 2003 through 2007: Calendar Year: 2007 Filed: 1/10/08 on SEC 1/08 Position: Business Manager /CFO Creditors: Home mortgage & home equity loan Direct /indirect income: Penn -Delco All other financial interests: None Steffy, 08 -025 Page 6 Calendar Year: 2006 Filed: 3/08/07 on SEC 1/07 Position: Chief Financial Officer Real Estate Interests: Home Creditors: Chase Manhattan, 5.38% Direct /indirect income: Penn -Delco School District, Sun Credit Union All other financial interests: None Calendar Year: 2005 Filed: 3/01/06 on SEC 1/07 Position: CFO Real Estate Interests: Home Creditors: None Direct /indirect income: Employment, Sun Credit Union All other financial interests: None Calendar Year: 2004 Filed: 6/15/05 on SEC 1/05 Position: Business Manager Real Estate Interests: 1336 Crest Drive Creditors: Chase, 5.625% Direct /indirect income: Penn -Delco All other financial interests: None Calendar Year: 2003 Filed: Undated on SEC 1/01 Position: CFO Real Estate Interests: Home Creditors: Mortgage, Chase, no rates listed Direct /indirect income: Penn -Delco All other financial interests: None 14. Steffy, in his official capacity as the Chief Financial Officer of the Penn -Delco School District, failed to file a Statement of Financial Interests form by May 1, 2006, containing information for calendar year 2005. a. Blank Statement of Financial Interests forms with a form revision date of SEC -1, Rev. 1/06 were the forms distributed by the State Ethics Commission for filings for the 2005 calendar year. b. Approximately fifty (50) blank Statement of Financial Interests forms with a revision date of SEC -1, Rev. 1/06 were sent to the Penn -Delco School District on December 20, 2005, for filings due on or before May 1, 2006, for calendar year 2005. 15. The Statement of Financial Interests form filed by Steffy for calendar year 2005 and dated March 1, 2006, was form SEC -1, Rev. 1/07. a. Forms SEC -1, Rev. 1/07 were not received by the State Ethics Commission until December 22, 2006, and were mailed to school districts on that date. b. The Penn -Delco School District did not receive forms SEC -1, Rev. 1/07 until after December 22, 2006. 16. Around March 2007, the Delaware County District Attorney's Office requested copies of Statement of Financial Interests forms filed by Board Member Keith Crego Steffy, 08 -025 Page 7 and Superintendent Leslye Abrutyn. a. This request was made to Penn -Delco School District Solicitor Mark Sereni, Esquire. b. Solicitor Sereni forwarded the request to Steffy. 17. Steffy reviewed Penn -Delco School District files under his overall control in March of 2007 and determined that he and a number of other District officials /employees had not filed Statements of Financial Interests for calendar years 2004 and 2005. a. Steffy had not filed a Statement of Financial Interests by May 1, 2006, for calendar year 2005. b. John W. Bondrowski, the District's Director of Auxiliary Services, failed to file a Statement of Financial Interests by May 1, 2006, for calendar year 2005. c. Board Member Gina Orr failed to file a Statement of Financial Interests by May 1, 2006, for calendar year 2005. d. Board Member John Green failed to file Statements of Financial Interests by May 1, 2005, and May 1, 2006, for the 2004 and 2005 calendar years respectively. 18. After determining that Statements of Financial Interests had not been filed, Steffy directed Fran Closs to contact the State Ethics Commission to obtain prior versions of Statement of Financial Interests forms. a. Closs informed Steffy that the forms should be filed using a current form. b. In March of 2007, the current Statement of Financial Interests forms had a revision date for identification purposes of SEC -1, Rev. 1/07. c. Closs did not instruct Steffy to backdate any Statement of Financial Interests forms. 19. Steffy filed his Statement of Financial Interests for calendar year 2005 on a Statement of Financial Interests form with a revision date of SEC -1, Rev. 1/07. a. Steffy signed and dated the form representing that it was filed on March 1, 2006. b. Blank Statement of Financial Interests forms with a revision date of SEC -1, Rev. 1/07 were not distributed to the Penn -Delco School District until December 22, 2006. c. Steffy dated his filing for 2005 almost ten (10) months prior to the form being available for completion. 1. Date of filing - March 1, 2006. 2. Distribution of blank Statement of Financial Interests forms SEC -1, Rev. 1/07 - December 22, 2006. 20. Steffy asserts that he backdated his 2005 calendar year filing to show that he did not have financial interests in "Quick Start" during the 2005 calendar year. Steffy, 08 -025 Page 8 a. "Quick Start" was a company doing business with the Penn -Delco School District in 2005 and was the subject of a Delaware County District Attorney investigation. b. Steffy claims that he used a Statement of Financial Interests form with a revision date of SEC -1, Rev. 1/07, based on information he received from Fran Closs that the filing needed to be made using a form current for 2007. c. Closs did not instruct Steffy to backdate Steffy's 2005 calendar year filing. d. Penn -Delco School District had within its possession several blank Statement of Financial Interests forms containing revision dates of 1/05. 21. On October 15, 2007, Steffy sent a memo to Detective Thomas Worrilow of the Delaware County District Attorney's Office. The basis of the letter was [Steffy's explanation of] the circumstances which resulted in the backdating of Statement of Financial Interests Forms by various officials of the Penn -Delco School District. Steffy provided Worrilow with the following explanation: "My secretary sends out each year the blank statement of financial interests to all administrators and Board Members. In March of 2007 we received from Mark Sereni's office notification that your office was requesting copies of these statements for Keith Crego and Dr. Leslye Abrutyn. I asked Fran (my secretary) to do a spreadsheet for all years and for all employees and Board Members. There were a number of employees and Board Members with either missing or incomplete forms. I also had not filed for one of the years. For anyone who had not completely filled out their form, I directed Fran to send them back their form to complete any omitted sections. We also had a few blank forms for prior years but not enough to send to everyone who was missing a form for that particular year. Dr. Abrutyn also wanted a blank form to redo her incomplete form. I told her she could just fill out the missing sections and resubmit but she wanted a new form as well. I asked Fran to contact the state (I believe it was at the phone number at the top of the Financial Interest Statements) to get forms for the years that were missing. The person she spoke to at the state told her that we should just utilize the current year form and that it was not necessary to use an old form. We had blank forms for some of the years in question but not enough for everyone so the new forms were sent out to everyone. Two Board Members had questions on the forms in terms of the date to put in and left the year blank. I directed my secretary to put the year in for Gina Orr and John Green. I told her to put in the year because there were questions and rumors going around regarding ownership interests in Quickstart. I told her that I wanted it to be clear that at the time indicated that the Board members in question did not own any interests in Quickstart. I also dated my own form in this fashion. I also want to state that I believe the purpose and intent of the forms was to determine whether or not a conflict of interest exists or existed at the time a board Member served or during the time an employee was employed. I wanted it to be clear on my form that at that date and time I did not have any interest in Quickstart, past, present or future and that I had not recently sold any interest in this company. If I knew that this would be an issue I would simply have put the date that I had signed on but as I stated earlier I believed that the sole intent of this form was to determine if a conflict existed during the time period in question. In retrospect, maybe I should have put two dates on, one that applied to the time period in question and one for the date that the form was actually signed. I also would like to state that we did have old forms (we still have them) but not enough form [sic] everyone. If I wanted to conceal when I signed, I would have simply utilized Steffy, 08 -025 Page 9 one of the old forms for myself. I would also like to state again that the 2 Board members in question did not put the years in but it was my secretary who put in the year under my instructions. There was no reason to date the form as I did other than to show my interests at that point in time. I would also like to add that our IT Director is checking our phone Togs to see how far they go back to see if we can obtain documentation of the phone call to the Ethics Commission via our computer backup system." 22. On June 16, 2008, Steffy filed amended Statement of Financial Interests forms for calendar years 2003 through 2008. a. Steffy filed the amended forms voluntarily to correct deficiencies he noticed on his prior filings. 23. The following amended Statements of Financial Interests were filed by Steffy with the Penn -Delco School District on June 16, 2008. Calendar Year: 2007 Amended Filed: 6/16/08 on SEC 1/07 Position: Chief Financial Officer Creditors: None Direct /indirect income: Penn -Delco School District All other financial interests: None Calendar Year: 2006 Amended Filed: 6/16/08 on SEC 1/07 Position: Chief Financial Officer Creditors: None Direct /indirect income: Penn -Delco All other financial interests: None Calendar Year: 2005 Amended Filed: 6/16/08 on SEC 1/07 (Previously backdated) Position: Chief Financial Officer Creditors: None Direct /indirect income: Penn -Delco All other financial interests: None Calendar Year: 2004 Amended Filed: 6/16/08 on SEC 1/07 Position: Chief Financial Officer Creditors: None Direct /indirect income: Penn -Delco All other financial interests: None Calendar Year: 2003 Amended Filed: 6/16/08 on SEC 1/07 Position: Chief Financial Officer Creditors: PSECU 6% Direct /indirect income: Penn -Delco All other financial interests: None III. DISCUSSION: John Steffy (hereinafter also referred to as "Respondent," "Respondent Steffy," or "Steffy "), in his public capacity(ies) as Chief Financial Officer of the Penn -Delco School District since 1991 /Secretary to the Penn -Delco School District School Board since Steffy, 08 -025 Page 10 approximately May 1999, has been a public official /public employee subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq. The allegations are that Steffy violated Section 1104(a) of the Ethics Act when he failed to file a Statement of Financial Interests for the 2005 calendar year and subsequently backdated the form to give the impression that the form was timely filed. 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. Steffy has served as Chief Financial Officer of the Penn -Delco School District ("School District ") since 1991. Steffy has also served as Secretary to the School District School Board since approximately May 1999. Pursuant to Section 1104(a) of the Ethics Act, Steffy, in his public capacity(ies) with the School District, is required to annually file a Statement of Financial Interests ( "SFI ") by May 1 containing information for the prior calendar year. The State Ethics Commission annually contracts for the printing of SFI forms. The SFI forms printed in a particular year are marked with a specific revision date in the upper left hand corner. The State Ethics Commission receives blank forms from the printer each December and then mails the blank forms to municipalities and school districts in the Commonwealth, including the School District, for distribution in or before January of the filing year. Fran Closs ( "Closs "), Secretary to the Chief Financial Officer (Steffy), distributes SFI forms to School District School Board ( "School Board ") Members and School District employees for completion, and also maintains such completed forms. Steffy was annually provided with blank SFI forms, and he submitted completed SFI forms to Closs for records retention purposes. Around March 2007, the Delaware County District Attorney's Office made a request to the School District Solicitor, Mark Sereni, Esquire, for copies of SFI forms filed by Keith Crego, a School Board Member, and Leslye Abrutyn, the School District Superintendent. This request was forwarded to Steffy. Steffy reviewed School District files under his overall control in March 2007, and he determined that a number of School District officials or employees, including himself, had not filed SFIs for calendar years 2004 or 2005. In particular, Steffy had not filed an SFI for calendar year 2005. After determining that SFIs had not been filed, Steffy directed Closs to contact this Commission to obtain prior versions of SFI forms. Closs informed Steffy that the SFIs should be filed using current forms. In March 2007, the current SFI form had a revision date of SEC -1, Rev. 1/07. Closs did not instruct Steffy to backdate any SFIs. Steffy subsequently filed his SFI for the 2005 calendar year on a form with a revision date of SEC -1, Rev. 1/07. Steffy signed and dated the form to represent that it was filed on March 1, 2006. However, blank SFIs with a revision date of SEC -1, Rev. 1/07 were not available to the School District until after December 22, 2006, the date that the State Ethics Commission received and mass mailed blank SFIs with such revision date to school districts in the Commonwealth, including the School District. Steffy, 08 -025 Page 11 Steffy asserts that he backdated his SFI for the 2005 calendar year to show that he did not have financial interests in a company named "Quick Start" during the 2005 calendar year. Quick Start was doing business with the School District in 2005 and was the subject of an investigation by the Delaware County District Attorney. On June 16, 2008, Steffy filed amended SFIs for calendar years 2003 through 2008. Steffy voluntarily filed the amended forms to correct deficiencies he noticed on his prior filings. 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 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a) occurred in relation to Steffy's failure to file a Statement of Financial Interests for the 2005 calendar year; and b. That a violation of Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a) occurred in relation to Steffy's backdating of his 2005 calendar year Statement of Financial Interests form. 4. Steffy agrees to make payment in the amount of $250.00 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. 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 1 -2. We shall first consider the parties' recommendation that this Commission find that a violation of Section 1104(a) of the Ethics Act occurred in relation to Steffy's failure to file an SFI for the 2005 calendar year. Steffy, in his public capacity(ies) with the School District, is required to annually file an SFI by May 1 containing information for the prior calendar year. Steffy failed to file an SFI by May 1, 2006, containing information for calendar year 2005. See, Fact Finding 14. Accordingly, we hold that a violation of Section 1104(a) of the Ethics Act occurred in relation to Steffy's failure to file an SFI for the 2005 calendar year by May 1, 2006. Steffy, 08 -025 Page 12 The parties have further recommended that this Commission find that a violation of Section 1104(a) of the Ethics Act occurred in relation to Steffy's backdating of his SFI form for the 2005 calendar year. Per the Stipulated Fact Findings, after Steffy determined in March 2007 that he had not filed an SFI for calendar year 2005, he filed his SFI for the 2005 calendar year and backdated the form to represent that it was filed on March 1, 2006. Accordingly, we hold that a violation of Section 1104(a) of the Ethics Act occurred in relation to Steffy's backdating of his SFI form for the 2005 calendar year. Cf., Dombrowski, Order 1444; Naqele, Order 1403; Hoover, Order 1402. As part of the Consent Agreement, Steffy has agreed to make payment in the amount of $250.00 in settlement of this matter 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. 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, Steffy is directed to make payment in the amount of $250.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30 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. IV. CONCLUSIONS OF LAW: 1. John Steffy ( "Steffy "), in his public capacity(ies) as Chief Financial Officer of the Penn -Delco School District since 1991 /Secretary to the Penn -Delco School District School Board since approximately May 1999, has been a public official /public employee 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 1104(a) of the Ethics Act occurred in relation to Steffy's failure to file a Statement of Financial Interests ( "SFI ") for the 2005 calendar year by May 1, 2006. 3. A violation of Section 1104(a) of the Ethics Act occurred in relation to Steffy's backdating of his SFI form for the 2005 calendar year. In Re: John Steffy, Respondent ORDER NO. 1506 File Docket: 08 -025 Date Decided: 3/12/09 Date Mailed: 3/27/09 1 A violation of Section 1104(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1104(a), occurred in relation to the failure of John Steffy ( "Steffy "), Chief Financial Officer of the Penn -Delco School District ( "School District ") and Secretary to the School District School Board, to file a Statement of Financial Interests ( "SFI ") for the 2005 calendar year by May 1, 2006. 2. A violation of Section 1104(a) of the Ethics Act occurred in relation to Steffy's backdating of his SFI form for the 2005 calendar year. 3. Per the Consent Agreement of the parties, Steffy is directed to make payment in the amount of $250.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30 day after the mailing date of this Order. 4. Compliance with Paragraph 3 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