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HomeMy WebLinkAbout1525 MaritzIn Re: Edward Maritz, Respondent File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Donald M. McCurdy Nicholas A. Colafella Mark Volk 08 -049 Order No. 1525 7/22/09 8/4/09 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) 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. Maritz, 08 -049 Page 2 I. ALLEGATION: That Edward Maritz, Jr., a public official /public employee in his capacity as a Member of the Sto -Rox School District Board of Directors, violated Section 1103(a) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. § 1103(a), when he used the authority of his office for a private pecuniary benefit, including but not limited to incurring expenses of a personal nature while traveling on School District business and subsequently claiming and receiving reimbursement for those personal expenses. II. FINDINGS: 1. Edward Maritz, Jr., has served continuously as a Member of the Sto -Rox School District (hereafter SRSD) Board of Directors from December 2, 1997, through the present. a. Maritz served as the Vice - President of the Board from May 20, 1999, through December 3, 2000. b. Maritz served as the President of the Board from December 4, 2000, through December 2, 2001. c. Maritz served as the Secretary of the Board from December 8, 2004, until July 20, 2006. 1. Maritz was removed from the office of Board Secretary on July 20, 2006, by a majority vote of the School Board. d. Maritz previously served as a Member of the Board from December 2, 1993, until December 3, 1995. 2. SRSD is governed by a nine member Board of Directors. a. SRSD currently holds committee meetings, workshop meetings, and legislative meetings on the second, third, and fourth Thursday of each month respectively. 1. Voting occurs only at the legislative meeting unless specifically advertised otherwise. 2. Meetings were most recently held on the first, second, and third Thursday of each month until approximately January 2009. b. Special meetings are held as necessary. 3. Voting at SRSD meetings occurs via individual roll call vote or group "aye /nay" vote depending on the subject for which the vote is occurring. a. Roll call votes are utilized to address matters involving the expenditure of District funds, personnel issues, or important /controversial issues. 1. Each individual Board Member's vote, including abstentions or objections cast, is recorded in the meeting minutes. b. Group "aye /nay" votes are utilized to address routine issues. 1. Any abstentions cast during the group vote are specifically noted in the minutes. Maritz, 08 -049 Page 3 c. Minutes of all meetings held are approved for accuracy by the Board at subsequent Board meetings. 4. The SRSD bill listing is composed of the ratified bill listing and the actual bill listing. a. The ratified bill listing represents all those bills which have been paid since the last legislative meeting. 1. Ratified bills represent those which are paid prior to actual Board approval due to the necessity for timeliness, opportunity for discount, the avoidance of late fees, etc. 2. Bills on the ratified bill listing routinely are normal recurring bills. b. The actual bill listing represents bills received to be paid the day following the Board's approval. 1. Actual bills are considered atypical bills or those with no urgency to be paid. 5. The ratified bills and actual bills are voted on in one encompassing motion by the Board. a. Reimbursements received by District representatives for travel related expenses appear on either the listing of ratified bills or the listing of actual bills. 1. Reimbursement received for travel expenses which are documented on the list of ratified bills are approved by the Board after the fact. 6. Signature authority over SRSD accounts rests with the Board President, Board Secretary, and Board Treasurer. a. SRSD checks require the signature of any two of the three authorized signatories. b. Atypical checks or "spur of the moment" checks are normally signed live by two of the three authorized signatories. c. Routine checks are typically generated automatically with computer generated signatures. 7 SRSD maintains and utilizes a policy manual in association with the day -to -day operation of the District. a. The existing policy manual was created with the assistance of the Pennsylvania School Board Association (PSBA). 8. All SRSD Board Members are to receive a policy manual and policy updates as they occur. a. Policy manuals are also available for review at each District school building. 9. As a Member of the SRSD Board of Directors, Maritz is subject to the policies set forth in the policy manual. Description National Conference State/Local Travel Breakfast $5.00 $5.00 Lunch $10.00 $7.50 Dinner $30.00 $22.50 Daily Total $45.00 $35.00 Maritz, 08 -049 Page 4 a. Maritz was issued and currently maintains possession of an SRSD policy manual in his position as a Member of the Board of Directors. 10. Policy No. 331 of the "Administrative Employees" section of the manual, adopted on March 16, 1995, is titled "Job Related Expenses" and mandates, in part, the following: a. Subsection 1 of the policy addresses the purpose of the policy and states, "Payment of the actual and necessary expenses, including travel expenses, of any administrator of the District that are incurred in the course of performing services for the district whether within or outside the district, shall be reimbursed in accordance with this policy." b. Subsection 2 of the policy addresses guidelines to be followed in accordance with the policy and includes, in part, the following, "Those on travel status shall exercise the same care in incurring expenses that they would in traveling on personal business." 11. Accompanying Policy No. 331 was a Memorandum approved by the Board on May 11, 1995, authored by then Director of Administrative Services Paul Imig, which addressed the subject of "Meal Expense Guidelines." a. Although not employees of the District, Board Members were subject to restrictions established by Policy Number 331 and the attached memorandum. b. The Memorandum documented per diem rates and guidelines for meal costs incurred by District employees and Board Members traveling on approved school business as shown below: c. The memorandum notes handwritten increases for each meal description for national conferences as well as state /local travel along with the word "reasonable." 1. The increased rates were not approved by the Board prior to March 2004. 12. Per diem expense reimbursement rates at SRSD for District representatives in travel status remained constant at $45.00 per day until approximately March 2004. a. The Board discussed the possibility of increasing the daily per diem to $70.00 for District representatives in travel status at or about the March 18, 2004, Board meeting. 1. The Board could not come to a consensus regarding raising the daily per diem for District representatives in travel status. b. The Board ultimately approved reimbursement for employees and Board Members for reasonable expenses supported by receipts while on School District business to be effective retroactive to March 1, 2004. Maritz, 08 -049 Page 5 1 Minutes of the March 18, 2004, Board meeting document the motion to establish the reimbursement guideline as passing unanimously. 2. Minutes document Maritz's presence at the meeting. 3. "Reasonable expenses" were never specifically defined in the minutes. 13. SRSD subsequently revised the travel expense procedure and presented the new procedure at the July 20, 2006, legislative Board meeting. a. The procedure included the incorporation of several forms to document Board expenses. b. The procedure instituted a set per diem amount for standardized reimbursement based on the Internal Revenue Service LOW Rate City /HIGH Rate City method for computing per diem meals and incidental expenses. c. The District travel expense reimbursement policy was changed as a result of perceived reimbursement abuse by various Board Members. 14. The National School Board Association (hereafter NSBA) is a non - profit federation of state associations of school boards across the United States. a. The mission of the NSBA is to foster excellence and equity in public education through school board leadership. 15. The NSBA holds an Annual Conference and Exposition for the purpose of providing educational and informational opportunities to educators and school board members through various seminars, workshops, exhibit halls, speakers, etc. a. The NSBA annual conference officially begins on Saturday and concludes on or about noon the following Tuesday. 1. Although the conference officially begins on Saturday, "early bird" workshops, pre- conference workshops, and other sessions as well as registration are available the Friday prior to the start of the Conference. b. The location of the NSBA annual conference varies from year to year. 16. The NSBA provides information via the United States Postal Service to school districts as well as individual board members of those districts regarding the annual conference. a. Information is sent out by the NSBA in late summer /early fall annually. 17. Individuals desiring to attend the NSBA annual conference must pre - register for the event, which includes payment of a registration fee. a. Individuals desiring to attend any of the "early bird" workshops the Friday prior to the start of the conference must pre- register for the workshops which includes payment of a registration fee separate and apart from the conference registration fee. b. Registration fees for both the conference and "early bird" workshops are Maritz, 08 -049 Page 6 reduced if the individual attending is an NSBA member. 18. The registration procedures for the NSBA annual conference are outlined in the conference brochure provided by the NSBA and document the following steps. a. Completion of the registration form located at the end of the brochure provided. 1. Instructions document that all participants, speakers, spouses, and children must be registered. 2. The board member's registration fee includes attendance for his /her spouse and children. b. Selection of optional events including "early bird" workshops, meal functions, and other social events and addition of the required fees to the board member's total. c. Submission of registration information either on -line, via telephone, via facsimile transmission, or via the United States Postal Service. d. Reservation of a hotel room through the NSBA Housing Bureau. 1. Select hotels offering special conference rates are documented in the brochure provided. 2. The conference brochure documents the hotel name and address, room rates, and provides a general map noting the hotel locations in relation to the NSBA conference site. 3. Individuals must register for the conference prior to reserving a room through the NSBA Housing Bureau. e. Arranging of travel accommodations either through an official travel agency named by the NSBA, by a travel agency utilized by the registered individual's district or via specified vendors directly. 1. Specific vendors are listed in the brochure along with specific ID numbers for cost savings opportunities. 19. Individuals registering for housing through the NSBA Housing Bureau are to provide information including their registration confirmation ID number; contact information; number and identification of occupants; arrival date, departure date, and room type; guarantee and deposit information; and first five choices of hotels. a. Rooms may be reserved on line, via telephone, via facsimile transmission, or via the United States Postal Service. 20. The NSBA offers complimentary all -day shuttles between conference hotels and the conference site. The registrant's conference badge is the ticket for the registrant, his /her spouse or guest, and his /her children to ride the shuttle. 21. The NSBA keeps no attendance records regarding individuals actually attending the conference and /or "early bird" workshops in comparison with individuals registered to attend the conference and /or "early bird" workshops. a. Maritz, 08 -049 Page 7 a. No documentation exists to validate the attendance of individuals registered for the conference in comparison with those individuals actually attending the conference. 22. Board Members interested in attending the NSBA annual conference inform the superintendent's secretary upon their receipt of the annual NSBA conference information. a. The superintendent's secretary documents interested Board Members' names on the travel matrix to be approved at the next legislative meeting. b. A specific line item exists in the SRSD budget for Board Member travel under Account No. 2310, Object No. 580. 1. Specific amounts are budgeted each year for Board Member travel to various training classes, including the NSBA annual conference, among other travel. 2. Board Members are encouraged to attend such events in order to assist in Board Member development and education. c. The superintendent's secretary typically registers the interested Board Members for the NSBA annual conference after notification by those interested in attending. 1. Registration is routinely completed on -line by the superintendent's secretary. 23. Registration by the superintendent's secretary includes submission of hotel choices for the attending Board Members once their registration is confirmed. a. Each Board Member provides [his or her] specific hotel choices to the superintendent's secretary for submission. b. The NSBA Housing Bureau subsequently notifies the superintendent's secretary of the hotels with which Board Member reservations have been made. c. The superintendent's secretary generally makes flight arrangements for Board Member travel regarding the NSBA annual conference but Board Members can opt to make their own flight arrangements. 24. Payment for hotel and airfare expenses can be paid in advance by SRSD, by District check upon arrival (hotel expenses only), or paid personally by the traveling Board Member for subsequent reimbursement by the District. a. SRSD Board Members are permitted to request advances from the District for other travel related expenses such as subsistence, transportation, etc. 25. SRSD Board Members traveling on District related business are required to submit an expense report upon return detailing the specific amount of expense reimbursement requested. a. The report utilized by SRSD from at least 2004 to June 2006 was titled "SRSD Professional Development Expense Report." Maritz, 08 -049 Page 8 b. The report documented the individual claiming reimbursement, travel information (dates, conference name and location, etc.), specific expenses incurred, and total reimbursement claimed. 1. Any advances issued were subtracted from the total amount due. c. The report was processed through the business office and required the signature of the individual submitting the report as well as review by the District business manager and /or the District superintendent. 1. Once reviewed, the reimbursement was coded and a reimbursement check was issued. 2. The expense reimbursement check was included on one of the two bill lists to be approved at the next legislative Board meeting. 26. SRSD has no written policy regarding the number of days Board Members may arrive in advance of a conference start date or the number of days Board Members may remain after a conference close date. a. It is generally understood that Board Members may travel one day in advance of the start of an out of state conference. b. It is generally understood that Board Members may remain on site at the conference location after the close of the conference depending on the time of day that the conference concludes. 1. Board Members are expected to return the day that the conference closes if the conference concludes by or about mid -day. 27. The NSBA held its 2004 annual conference at the Orange County Convention Center (OCCC) in Orlando, Florida, spanning the dates of March 27, 2004, to March 30, 2004. a. The brochure for the conference notes that the conference officially began on Saturday, March 27, 2004, at 8:00 a.m. and officially concluded on Tuesday, March 30, 2004, at 10:30 a.m. b. The brochure for the conference documents registration, various pre- conference workshops, and "early bird" workshops available on Friday, March 26, 2004. 1. Attendance at various "early bird" and pre- conference workshops required pre- registration and payment of additional fees to attend. 28. Maritz's registration for the 2004 NSBA annual conference was submitted on -line on September 22, 2003. a. Maritz's travel to the 2004 NSBA annual conference was documented on the November 2003 travel matrix. b. The November 2003 travel matrix documented the date and time of Maritz's travel to be approved as "March 27, 28, 29, 30 2004." c. The travel matrix documenting Maritz's travel to the 2004 NSBA annual conference was approved by the SRSD Board of Directors at the November 20, 2003, regular Board meeting via 6 -0 unanimous vote. Maritz, 08 -049 Page 9 1 Maritz was present at the meeting and participated in the vote to approve the matrix. 29. Maritz was assigned lodging for the 2004 NSBA annual conference for himself and his guest, Elizabeth (a /k/a Beth) Smith, at the Hard Rock Hotel located at 5800 Universal Boulevard, Orlando, FL 32819. a. The room rate at the Hard Rock Hotel for a double occupancy room was $185.00 per night plus applicable taxes in the amount of $21.28 per night for a total cost of $206.28 per night. 1. The 2004 NSBA conference brochure provided a listing of twenty - three hotels with conference rates from which conference attendees could choose. 2. Only four hotels documented higher conference rates than the Hard Rock Hotel for double occupancy rooms. b. Maritz and Smith were scheduled to arrive on March 25, 2004, two days prior to the start of the conference, and to depart on March 30, 2004. 1. Smith is Maritz's fiancee. 2. Maritz and Smith have resided at the same address for multiple years. c. The Hard Rock Hotel was Maritz's first choice regarding hotel options. 1. Maritz chose the Hard Rock Hotel at the suggestion of another Board Member. d. The Hard Rock Hotel is located approximately five miles from the OCCC. 30. SRSD issued General Fund check number 034596, dated October 15, 2003, to Convention Management Resources in the amount of $200.00 as a deposit on Maritz's hotel reservation. a. The NSBA Housing Bureau utilized the services of Convention Management Resources in 2004 in association with assignment of rooms to NSBA attendees. 31. The fee associated with Maritz's registration for the 2004 NSBA annual conference totaled $585.00. a. SRSD received a discount on Maritz's registration fee as a result of the District being a National Affiliate of the NSBA. b. No additional fees were incurred regarding registration for Maritz. 1. Maritz did not register for any pre- conference workshops for the 2004 NSBA annual conference. 32. Maritz's registration fee was paid via the issuance of SRSD General Fund check number 034774, dated October 31, 2003, in the amount of $1,755.00 payable to the NSBA. a. Check number 034774 accounted for the registration fees of Maritz and two Maritz, 08 -049 Page 10 additional SRSD Board Members ($1,755.00 _ 3 = $585.00). b. Maritz's signature is present as one of two authorizing signatories on the check. 33. Maritz was approved for travel to the 2004 NSBA annual conference in Orlando, Florida, at the November 20, 2003, Board meeting. a. Maritz and three additional Board Members were approved for travel to the NSBA annual conference from March 27 -30, 2004, at a total anticipated cost of $7,900.00 ($1,975.00 each). b. Maritz was present and participated in the unanimous vote to approve the November 2003 travel matrix. 34. Beverly Tisci, superintendent's secretary, obtained airline reservations for Maritz through Greater Pittsburgh Travel Agency, Inc. for transportation to the 2004 NSBA annual conference. a. Maritz's travel itinerary, dated November 26, 2003, under Itinerary /Invoice No. 0027094 documented the following: Airline Flight No. Ticket No. Date Depart Arrive US Airways 1133 US7468190626 March 25, 2004 Pittsburgh, Pa-- -4:10p Orlando, Fl---6:18p US Airways 1156 US7468190626 March 30, 2004 Orlando, Fl---2:45p Pittsburgh, Pa-- -4:50p b. The cost associated with Maritz's air fare totaled $281.64. 35. SRSD issued General Fund check number 035051, dated December 15, 2003, in the amount of $281.64 to Greater Pittsburgh Travel Agency in payment of Maritz's 2004 NSBA conference air fare. a. Maritz's signature is present as one of two authorizing signatories on the check. 36. On or about March 12, 2004, Maritz requested a travel advance for his upcoming travel to the 2004 NSBA annual convention. a. A Request for Travel Advance was completed by Tisci on Maritz's behalf. 1. The request incorrectly documented the conference dates as March 25, 2004, to March 30, 2004. aa. Dates on the advance request document Maritz's scheduled travel dates and not the official conference dates. b. The amount of the advance was calculated at $1,120.50 as shown below: Estimated Expenses Amount Hotel $830.00 Transportation 0.00 Meals ($50 X 5 Days) 250.00 Other (Tolls, Cabs, Car Rental) 165.00 Total $1245.00 Advance at 90% of Estimate $1,120.50 Maritz, 08 -049 Page 11 c. The advance was approved by Superintendent Thomas Skender. 37. Maritz received SRSD General Fund check number 035623, dated March 15, 2004, in the amount of $1,120.50 as a travel advance for his attendance at the 2004 NSBA annual conference. a. Maritz negotiated the check on or about March 19, 2004. 38. Upon arrival in Orlando, Maritz rented a vehicle at Budget Car Rental for transportation purposes. a. The vehicle rental was charged to Smith's Visa Credit Card. b. The vehicle was used to commute between the airport and the hotel. 39. Maritz's hotel folio for the Hard Rock Hotel documents a check -in date of March 25, 2004, and a departure date of March 30, 2004. a. No specific check -in or check -out time is noted on the folio. b. Maritz was assigned Room Number 1104. c. Maritz's account number was 362747. 40. Maritz provided the Hard Rock Hotel with payment of $1,031.45 cash upon check in for anticipated charges associated with his lodging reservations. a. The cash payment made by Maritz upon check -in covered five nights lodging and applicable taxes at the Hard Rock Hotel with an excess of $0.05 remaining. 41. In addition to the nightly room rate and applicable taxes, Maritz incurred additional charges at the Hard Rock Hotel for long distance telephone calls placed, valet parking of his rented vehicle, use of the in -room mini -bar, and in -room internet usage. a. The complete cost for Maritz's lodging and additional expenses documented on his folio totaled $1,337.22. 1. On March 26, 2004, the $200.00 advance deposit for Maritz's reservation was credited to Maritz's account. 2. A "cash" credit in the amount of $9.95 was credited to Maritz's room account on March 29, 2004. 3. Maritz issued payment in cash to the Hard Rock Hotel in the amount of $95.82 upon check out on March 30, 2004. 42. Maritz's expense in association with his rental of a vehicle for the 2004 NSBA conference totaled $268.63. a. The rental receipt notes an "Out" date and time of March 25, 2004, at 7:21 p.m. and an "In" date and time of March 30, 2004, at 11:54 a.m. b. One hundred twenty eight miles were driven between March 25, 2004, and March 30, 2004. Maritz, 08 -049 Page 12 c. The Hard Rock Hotel is located approximately fifteen and one -half miles from Orlando International Airport. d. The Hard Rock Hotel is located approximately five miles from the OCCC. 1. Free shuttle busses traveled from the OCCC to conference hotels, including the Hard Rock Hotel, continuously throughout the days of the NSBA conference. e. SRSD Board Members are permitted to rent vehicles at the expense of the District while in travel status if the rental is necessary and can be justified. f. The cost of public transportation roundtrip between the hotel and airport is $63.00. 43. On April 1, 2004, Maritz completed and submitted for approval an SRSD Professional Development Expense Report requesting reimbursement totaling $325.13 in association with the 2004 NSBA annual conference. a. Maritz signed the form as the individual requesting reimbursement. b. Maritz initially miscalculated expenses as $1,445.63. 1. Maritz calculated his mileage reimbursement at $9.00 instead of $12.96. 2. The mathematical error was corrected by SRSD personnel upon processing the report. 44. The corrected report documented expenses of $1,449.59 less the $1,120.50 advance for a total of $329.09 claimed by Maritz. a. The reimbursement request was approved by Skender and Director of Administrative Affairs, Charles Lanna. 45. Maritz was issued SRSD General Fund check number 035792, dated April 2, 2004, in the amount of $329.09 for reimbursement claimed as a result of traveling to Orlando, Florida, for the 2004 NSBA annual convention. a. Check number 035792 appeared on the bill list presented for approval at the May 20, 2004, regular Board meeting. 1. Maritz's signature is present as one of two authorizing signatories on the check. b. The motion to approve the monthly bills passed unanimously. 1. Maritz was not present at the May 20, 2004, meeting. 46. Although attending the 2004 NSBA annual conference as a representative of SRSD, Maritz traveled to Orlando, Florida, two days in advance of the official conference start and charged expenses incurred to SRSD. a. SRSD Board Members in travel status are permitted to travel to out of state conferences only one day in advance. Maritz, 08 -049 Page 13 1 One day advance travel applies to the official start of the conference or to any pre- conference workshops that Board Members have been pre- registered to attend. 2. Maritz was not registered for any pre- conference workshops regarding the 2004 NSBA annual conference. 47. The SRSD incurred an expense of $266.94 as a result of paying for Maritz's hotel expenses, subsistence expenses, and parking expenses for March 25, 2004. a. Maritz's room expense totaled $206.28 per night ($185.00 nightly rate + $21.28 in applicable taxes). b. Maritz submitted and received reimbursement for subsistence totaling a minimum of $59.94 for March 25, 2004. 1. Maritz submitted reimbursement for funds expended at McDonald's on March 25, 2004, at 3:10 p.m. in the amount of $2.89. 2. Maritz submitted reimbursement for funds expended at the Hard Rock Hotel on March 25, 2004, at 10:45 p.m. in the amount of $57.05. c. SRSD incurred additional expenses totaling $60.00 in association with Maritz's vehicle rental parking fees at the Hard Rock Hotel. 48. Maritz claimed expenses and received reimbursement as a result of traveling one day earlier than permitted, renting a vehicle in association with his attendance at the 2004 NSBA Annual Convention, and claiming personal expenses: Description Amount Hard Rock Hotel (All hotel related expenses minus $206.28 parking fees) Subsistence 59.94 Vehicle Rental (Less $63.00 cab /shuttle service) 205.63 Valet Parking (Hard Rock Hotel) 60.00 Total $531.85 THE FOLLOWING FINDINGS RELATE TO SRSD PAYMENT /REIMBURSEMENT FOR EXPENSES OF A PERSONAL NATURE IN ASSOCIATION WITH MARITZ'S TRAVEL TO THE 2006 NSBA ANNUAL CONVENTION 49. The NSBA held its 2006 annual conference at the Lakeside Center at McCormack Place, Chicago, Illinois, spanning the dates of April 8, 2006, to April 11, 2006. a. The brochure for the conference notes that the conference officially began on Saturday, April 8, 2006, at 8:00 a.m. and that the conference officially concluded on Tuesday, April 11, 2006, at 11:00 a.m. b. The brochure documents registration and various pre- conference and "early bird" workshops available on Friday, April 7, 2006. 1. Attendance at various "early bird" workshops required pre- registration and payment of additional fees to attend. 2. Pre - conference workshops which did not require prior registration or additional fees primarily addressed briefing for board members, National Affiliates, board member "boot camp," board support Maritz, 08 -049 Page 14 professionals, and conference orientation. 50. The travel matrix documenting Maritz's travel to the 2006 NSBA annual conference was approved by the SRSD Board of Directors at the November 17, 2005, regular Board meeting via 6 -0 unanimous vote. a. Maritz was present at the meeting. b. Maritz participated in the Board vote to approve conference attendance as listed on the travel matrix. c. The November 2005 travel matrix documented the date and time of Maritz's travel to be approved as "April 8, 9, 10, 11, 2006 8:00 - 5:00." d. Two other Board Members were also approved to attend the conferences. 51. Maritz was initially assigned lodging for the 2006 NSBA annual conference for himself and Smith at the Westin Hotel located at 909 North Michigan Avenue, Chicago, IL 60611. a. Maritz was initially assigned lodging at the Westin on November 29, 2005. b. Maritz's reservations were changed via telephone by Smith on December 8, 2005, from the Westin to the Four Seasons Hotel Chicago. 1. Maritz's reservations were changed to the Four Seasons Hotel in order to reserve a "smoking" room. 2. Smith changed the reservations at Maritz's direction. c. The room rate at the Four Seasons Hotel for a double occupancy room was $275.00 per night plus applicable taxes in the amount of $42.32 per night for a total nightly cost of $317.32. 1. The 2006 NSBA conference brochure provided a listing of forty -five hotels with conference rates from which conference attendees could choose. 2. Only one hotel documented a higher conference rate than did the Four Seasons Hotel for double occupancy rooms. d. Maritz and Smith were scheduled to arrive on April 6, 2006, and depart on April 12, 2006. e. The Four Seasons Hotel is located approximately six miles from the Lakeside Center at McCormick Place. 52. The fee associated with Maritz's initial registration for the 2006 NSBA annual conference totaled $620.00. a. SRSD received a discount on Maritz's registration fee as a result of being a National Affiliate of the NSBA. b. Maritz registered for no "early bird" /pre- conference workshops at the time of his initial registration. c. Maritz subsequently contacted the NSBA via facsimile transmission dated Maritz, 08 -049 Page 15 November 14, 2005, requesting that an additional, optional event be added to his registration. d. Maritz requested that he be registered for "early bird" workshop, " #7 Data - Driven Decision Making: Improving Student Achievement When Performance Matters" at an additional cost of $125.00. 1. The workshop was scheduled for Friday, April 7, 2006, from 1:30 p.m. -4:30 p.m. e. Maritz instructed the NSBA to update his registration and bill SRSD for the additional session. 53. Maritz obtained airline reservations for transportation to the 2006 NSBA annual conference through US Airways on or about November 21, 2005, at a cost of $128.40. a. Ticket number 0372160211260 was issued in Maritz's name. 54. Maritz's flight itinerary to Chicago, Illinois, from Pittsburgh, Pennsylvania, and back regarding attendance at the 2006 NSBA annual conference is documented below: Airline Flight No. Ticket No. Date Depart Arrive US Airways 1404 0372161479067 April 6, 2006 Pittsburgh, Pa--- 1:30pm Chicago, II--- 1:59pm US Airways 0506 0372161479067 April 12, 2006 Chicago, II--- 2:45pm Pittsburgh, Pa--- 5:07pm NOTE: All times shown represent local time at their respective locations. 55. Maritz's registration fee of $620.00 was paid via the issuance of SRSD General Fund check number 040380, dated December 15, 2005, in the amount of $1,860.00 payable to the NSBA. a. Check number 040380 accounted for the initial registration fee for Maritz and two additional SRSD Board Members ($1,860.00 _ 3 = $620.00). b. Maritz's signature is present as one of two authorizing signatories on the check. c. Maritz's additional registration fee for attendance at the " #7 Data - Driven Decision Making: Improving Student Achievement When Performance Matters" "early bird" workshop was paid via the issuance of SRSD General Fund check number 041068, dated March 16, 2006, in the amount of $125.00 payable to the NSBA. 1. Maritz's registration for the "early bird" workshop was documented on NSBA invoice number 000475129 dated November 4, 2005, to SRSD. 2. Maritz's signature is present as one of two authorizing signatories on the check. 56. Maritz requested and subsequently received a travel advance totaling $2,500.00 via the receipt of SRSD General Fund check number 041199 dated March 30, 2006, in the amount of $300.00 and SRSD General Fund check number 041201, dated April 4, 2006, in the amount of $2,200.00 for his attendance at the 2006 NSBA Conference. Maritz, 08 -049 Page 16 a. Maritz endorsed and deposited check numbers 041199 and 041201 into Smith's personal bank account (Account Number [number redacted]) at PNC Bank. 57. Maritz rented a four -door Ford Taurus at Budget Rent -A -Car for transportation purposes upon arrival at O'Hare International Airport in Chicago, Illinois, on April 6, 2006. a. Maritz utilized the vehicle for convenience purposes and to travel to and from the airport regarding the transportation of himself, Smith, and SRSD Board Members Donna Parrilla and Elizabeth Bencho. b. The vehicle rental was charged to Smith's Visa credit card. c. Cab services and shuttle service costs for roundtrip airport transportation varied between $49.00 and $90.00. d. Maritz's expense in association with his rental of a vehicle for the 2006 NSBA annual conference totaled $346.73. e. The vehicle was rented on April 6, 2006, at 3:08 p.m. and returned on April 12, 2006, at 12:58 p.m. f. The vehicle was driven one hundred seventeen miles between April 6, 2006, and April 12, 2006. The Four Seasons Hotel is located approximately seventeen and one -half miles from O'Hare International Airport. h. The Four Seasons Hotel is located approximately six miles from Lakeside Center at McCormack Place. g. 1. Free shuttle busses traveled from Lakeside Plaza at McCormack Place to conference hotels, including the Four Seasons Hotel, continuously throughout the days of the NSBA conference. 58. Maritz's hotel folio (number 80836) for the Four Seasons Hotel documents a check - in date of April 6, 2006, and a departure date of April 12, 2006. a. Maritz checked -in to the hotel at 4:44 p.m. local time and departed at 6:45 a.m. local time. b. Maritz was assigned Room Number 4515. c. The cost for Maritz's lodging and additional expenses associated with his lodging totaled $2,183.52, which included charges for room service and valet parking of the rented vehicle. d. Expenses incurred by Maritz in association with his stay at the Four Seasons Hotel were paid upon check -out via Smith's Visa credit card. 59. On April 17, 2006, Maritz completed and submitted for approval an SRSD Professional Development Expense Report requesting reimbursement totaling $710.72 in association with the 2006 NSBA annual conference. a. The report claimed expenses of $3,210.72 less the $2,500.00 advance for a total of $710.72 claimed by Maritz. Maritz, 08 -049 Page 17 b. Maritz signed the form as the individual requesting reimbursement. 1. Maritz documented his position on the form as an "unpaid board member." c. Maritz's reimbursement request was not signed /approved by Superintendent Franny Jo Serenka or Lanna. 1. Neither Serenka nor Lanna would approve the expense report due to the amount of the expenses claimed and reimbursement sought by Maritz. 60. In addition to expenses incurred and reimbursement requested, Maritz hand wrote and highlighted various instructions and statements on the expense report submitted, including but not limited to, those shown below: a. "PLS Prepare Check ASAP." b. Any changes to $710.72 call first to [Maritz's home telephone number]." 1. Maritz's home telephone number is [Maritz's home telephone number]. c. "Unpaid Board Member Volunteer." d. This amount is my expected reimbursement for expenses I incurred. If any unilateral cuts or deductions are made from my calculated reimbursement total I would like to be notified and would appreciate a rationale for any deductions from my reimbursement of expenses I incurred as an unpaid board member." 61. Maritz was issued SRSD General Fund check number 041369, dated April 28, 2006, in the amount of $710.72 for reimbursement claimed as a result of traveling to Chicago, Illinois, for the 2006 NSBA annual convention. a. Check number 041369 appeared on the bill list presented for approval at the May 18, 2006, regular Board meeting. 1. Maritz's signature was present as one of two authorizing signatories on the check. b. The motion to approve the monthly bills passed unanimously. 1. Maritz was present at the May 18, 2006, meeting and participated in the unanimous vote. 62. Although attending the 2006 NSBA annual conference as a representative of SRSD, Maritz traveled to Chicago, Illinois, two days in advance of the official conference start and remained one night after the close of the conference and charged expenses incurred on these days to SRSD. 63. Maritz registered for the " #7 Data - Driven Decision Making: Improving Student Achievement When Performance Matters" "early bird" workshop on Friday, April 7, 2006, but did not attend the event. a. The $125.00 registration fee was refunded to SRSD on May 12, 2006, after Maritz, 08 -049 Page 18 Maritz informed the NSBA that he had been prevented from attending the workshop due to a flight delay. 1. Maritz did not experience any type of flight delay which would have prevented him from attending his scheduled "early bird" workshop. 2. Maritz arrived in Chicago, Illinois, at least twenty -two hours and twenty minutes prior to the "early bird" workshop. aa. Maritz is documented as having obtained his rental vehicle on April 6, 2006, at 3:08 p.m. bb. The "early bird" workshop Maritz was registered to attend was scheduled to begin on April 7, 2006, at 1:30 p.m. 64. Receipts submitted by Maritz for reimbursement for the day of April 7, 2006, document Maritz's presence in Chicago, Illinois, for mainly personal purposes. a. Receipts submitted by Maritz for reimbursement on April 7, 2006, document Maritz's presence outside of the convention center as shown below: Time Location Activity 12:34 a.m. Four Seasons - Chicago Dining 12:12 p.m. Johnny Rockets Dining 2:21 p.m. Tucci Benucch Dining 6:15 p.m. O'Hare Hilton- Sports Edition Dining 6:34 p.m. O'Hare International Airport Pick -up Board Members 65. Maritz incurred personal expenses of $378.32 paid by SRSD for Maritz's hotel and subsistence expenses on April 6, 2006. a. Maritz's room expense totaled $317.32 for the night of April 6, 2006 ($275.00 nightly rate + $42.32 in applicable taxes). b. Maritz submitted and received payment by /reimbursement from SRSD for subsistence totaling a minimum of $61.00 for April 6, 2006. 1. Maritz submitted and received payment by /reimbursement from SRSD for funds expended at the Seasons Bar on April 6, 2006, at 8:28 p.m. in the amount of $61.00. 2. The receipt for the meal documented two guests at the table and the following items ordered: Description Cost 1 Shrimp Cocktail 16.50 1 Grill Chicken 22.00 2 Ginger Ale 7.50 Soda Tax 0.99 Food Tax 3.95 Gratuity 10.06 Total 61.00 aa. Smith was traveling with Maritz. bb. Handwritten on the receipt by Maritz was "Appetizer" next Maritz, 08 -049 Page 19 to the shrimp cocktail and No Free Refills" next to the two ginger ales. 66. Maritz's personal expenses of $383.31 were paid by the SRSD as a result of Maritz incurring hotel and subsistence expenses for April 11, 2006, and April 12, 2006, after the conclusion of the conference. a. Maritz's room expense totaled $317.32 for the night of April 11, 2006, ($275.00 nightly rate + $42.32 in applicable taxes). b. Maritz submitted and received payment by /reimbursement from SRSD for subsistence totaling a minimum of $65.99 for April 12, 2006. 1. Maritz submitted and received payment by /reimbursement from SRSD for funds expended for room service (breakfast) on April 12, 2006, in the amount of $57.29. 2. Maritz submitted and received payment by /reimbursement from SRSD for funds expended at Skybridge, O'Hare International Airport on April 12, 2006, at 1:43 p.m. in the amount of $8.70. 67. Maritz attended two morning (a.m.) tapings of the Oprah Winfrey show in Chicago, Illinois, on April 12, 2006, after checking out from the Four Seasons Hotel. a. Maritz attended the tapings with Smith, Parrilla, and Bencho. 1. Smith obtained the tickets for Maritz, Parrilla, Bencho, and herself shortly before their scheduled travel to Chicago, Illinois. aa. Travel arrangements made document Maritz's intent to stay in Chicago, Illinois, until April 12, 2006, prior to the tickets being obtained. b. Maritz, Smith, Parrilla, and Bencho traveled directly to O'Hare International Airport upon conclusion of the second taping. 68. Parrilla sent an e-mail message to Serenka dated April 11, 2006, at 4:18 p.m., which addressed the subject of "conference" as shown below: "Hi Fran - The NSBA 66 Annual Conference has just completed. We are back from enjoying the closing speaker Richard Simmons. It was a funny, light- hearted ending to a great conference and was a motivating kick off to send all school directors back home with energy to share knowledge from the conference. I think we picked up some great information to share and we look forward to seeing you Thursday. Thanks to Beth's hard work the 4 of us will be enjoying the 7:00 am taping of the Oprah Winfrey Show. We have a private movie viewing tonight for Oprah guests of "Akeelah and the Bee" and Wednesdays [sic] topic is on the movie, which is supposed to be about a young girl in a spelling bee and how she brought the community together. It should be interesting!! Oprah will be at the taping!!! I'll see if I can get her to donate a couple of her millions to Sto -Rox!! Fran, I hope in the future you can attend a conference when things are less busy. You would have enjoyed it! ! ! See you on Thursday, Donna" Maritz, 08 -049 Page 20 a. Parrilla's e-mail implied that the conference did not end until late afternoon on April 11, 2006. b. The conference was scheduled to conclude at 11:00 a.m. 1. Simmons was scheduled from 9:30 a.m. to 11:00 a.m. as the closing speaker. 69. SRSD incurred additional expenses totaling $272.00 in association with Maritz's vehicle rental via the accumulation of various parking fees incurred from April 6, 2006, through April 12, 2006. a. Fees for valet parking at the Four Seasons Hotel totaled $40.00 per night for a total of $240.00 as documented on Maritz's hotel folio. b. Maritz submitted receipts for reimbursement totaling $32.00 for parking fees incurred at the Hard Rock Hotel and Soldier Field. 1. Maritz documented a $24.00 parking expense for the Hard Rock Hotel as "Parking Nutrition Mtg." 2. Maritz documented an $8.00 parking expense for Soldier Field as "Parking Aramark Mtg." 70. Maritz additionally submitted receipts for payment by or reimbursement from SRSD for meals noting the purchase of meals for others. a. Maritz submitted a Hard Rock Cafe receipt dated April 8, 2006, for payment by /reimbursement from SRSD for $46.00 of a $60.35 total bill as shown below: Description Cost Submit For Reimbursement /Payment 1 Jumbo Combo $18.00 Yes 1 Shrimp Fajita 18.00 Yes 1 Side SWTPOT Frie 3.00 Yes Tax 7.96* Yes Gratuity 13.39* Yes Total $60.35 1. Maritz claimed a total of $7.00 for tax and gratuity* in addition to food charges in the amount of $39.00. 2. Smith was present with Maritz at the dinner. aa. Handwritten on the receipt submitted by Maritz was "Maritz Appetizer" next to the Jumbo Combo, "Maritz Dinner" next to the Shrimp Fajita, and "Maritz Side" next to the SWTPOT Fries. 3. The cost of the actual reimbursement for the meal when divided equally between Maritz and Smith totals $23.00 *. *[The calculation is based upon the costs of the meals plus $7.00 for tax, divided by two.] b. Maritz submitted a receipt from Mike Ditka's restaurant dated April 10, 2006, Maritz, 08 -049 Page 21 for payment by /reimbursement from SRSD for a $114.00 meal expense as shown below: Description Cost Submit For Reimbursement /Payment Soda $2.50 Yes Filet Mignon 32.99 Yes Sweet Potato 5.99 Yes Lobster Tail 24.99 Yes Mini - Burgers 9.99 Yes Creme Brulee 8.99 Yes Tax 8.73 Yes Gratuity 19.82 Yes Total 114.00 1 Smith was present with Maritz at the dinner. aa. The receipt submitted notes two guests at the table. bb. Handwritten on the receipt submitted by Maritz was, "A La Carte Dinner Menu." 1. Additionally handwritten on the receipt by Maritz was "Maritz Dinner W /Sides A La Carte" next to the Filet Mignon, Lobster Tail, and Sweet Potato as well as "Maritz Appetizer" next to the Mini - Burgers and "Maritz Desert [sic]" next to the Creme Brulee. 2. The cost of the meal when divided equally between Maritz and Smith totals $57.00. 71. Maritz realized a total private pecuniary gain of at least $998.90 as a result of traveling one day earlier than permitted and staying one day later than permitted, renting a vehicle in association with his attendance at the 2006 NSBA Annual Convention, being advanced or reimbursed District funds for expenses associated with personal travel, and voting to approve the advances and /or reimbursements in his capacity as a School Board Member as shown below: Description Four Seasons Hotel (All hotel related expenses minus parking fees) Subsistence Vehicle Rental (1/3 of total cost of $346.73 — shuttle cost of $49.00) Valet Parking (Four Seasons Hotel) (1/3 of total cost of $240.00) Additional Parking Fees (1/3 of total cost of $32.00) Total Financial Gain $644.84 196.81 66.58 80.00 10.67 $998.90 THE FOLLOWING FINDINGS RELATE TO SRSD PAYMENT /REIMBURSEMENT FOR EXPENSES OF A PERSONAL NATURE IN ASSOCIATION WITH MARITZ'S TRAVEL TO THE 2005 ASSOCIATION FOR SUPERVISION AND CURRICULUM DEVELOPMENT ANNUAL CONVENTION 72. The Association for Supervision and Curriculum Development (hereafterASCD) is a nonprofit, nonpartisan organization that represents more than 175,000 educators from 119 countries and nearly sixty affiliates. Maritz, 08 -049 Page 22 a. ASCD members include superintendents, supervisors, principals, teachers, professors of education and school board members. b. The mission of the ASCD is to develop programs, products, and services essential to the way educators learn, teach, and lead. c. The ASCD holds an Annual Conference and Exhibit Show for the purpose of providing an educational professional development event at which attendees can explore various topics through seminars, workshops, exhibit halls, speakers, etc. d. The ASCD annual conference officially begins on Saturday and concludes on Monday in late afternoon /early evening. 1. Although the conference officially begins on Saturday, pre- conference institutes and other sessions as well as registration are available prior to the opening Saturday of the conference. aa. Pre - conference institutes are separated into three, two, and one day workshops beginning as early as the Wednesday prior to the official conference start date. bb. Registration is available the Friday before the official conference start. e. The location of the ASCD annual conference varies from year to year. 73. The registration procedures for the ASCD annual conference are outlined in the conference brochure provided by the ASCD and document the following steps. a. Completion of the registration form located at the end of the brochure provided. 1. Completion of the registration form includes selection of tickets for two ticketed session choices and selection of any pre- conference institutes desired. b. Submission of registration information either on -line, via telephone, or via the United States Postal Service. c. Reservation of a hotel room. 1. Select hotels offering special conference rates are documented in the brochure provided. 2. The conference brochure documents the hotel name and address and room rates and provides a general map noting the hotel locations in relation to the ASCD conference site. d. Arranging of travel accommodations. e. Registration fees are reduced if the individual attending is an ASCD member. f. Individuals registering for housing through the ASCD housing company are to provide information including their contact information; number and Maritz, 08 -049 Page 23 identification of occupants; arrival date, departure date, and room type; guarantee and deposit information; and first six choices of hotels. 74. The ASCD offers complimentary all -day shuttles between conference hotels and the conference site. a. The ASCD brochure for the 2005 annual conference specifically identified hotels within walking distance of the conference center. 1. No shuttles were provided for hotels within walking distance of the conference center. 75. The ASCD held its 2005 annual conference at the Orange County Convention Center (OCCC) in Orlando, Florida, spanning the dates of April 2, 2005, to April 4, 2005. a. The brochure for the conference documents the conference start date as April 2, 2005, at 8:00 a.m. b. The brochure for the conference documents the conference close date as April 4, 2005, at 6:00 p.m. c. The conference brochure documents on -site registration and a first timers session on April 1, 2005, from 12:00 p.m-8:00 p.m. and 4:00 p.m.-5:00 p.m. respectively. d. The brochure for the conference documents various pre- conference institutes beginning as early as March 30, 2005, and concluding on April 1, 2005. 76. Maritz advised Tisci of his desire to attend the conference and instructed Tisci to reserve hotel accommodations for himself and Smith at the Rosen Plaza Hotel through the call center at Travel Planners for lodging associated with the 2005 ASCD annual conference. a. Travel Planners, Inc. was the official housing company for the 2005 ASCD annual Conference. b. Tisci made the reservation on Maritz's behalf on October 24, 2004. 1. The same general SRSD procedure utilized to schedule Board Member registration and Board Member travel to NSBA conferences was utilized to schedule Maritz's travel to the ASCD conference. 77. Maritz's registration form for the 2005 ASCD annual conference documented Maritz's contact information as well as his registration for the annual conference and a one -day pre- conference institute. a. Maritz initially registered for Pre - Conference Institute No. 37- Planning Effective Professional Development. b. Maritz's Pre - Conference Institute was changed on November 1, 2004, to No. 41- Rediscovering the Middle School. 78. The travel matrix documenting Maritz's travel to the 2005 ASCD annual conference was approved by the SRSD Board of Directors at the November 18, 2004, regular Board meeting via 8 -0 vote. Maritz, 08 -049 Page 24 a. Maritz was present at the meeting. b. Maritz participated in the Board vote to approve conference attendance as listed on the matrix. 79. Maritz was assigned lodging for the 2005 ASCD annual conference for himself and Smith at the Rosen Plaza Hotel located at 9700 International Drive, Orlando, FL 32819. a. The room rate at the Rosen Plaza Hotel for a double occupancy room was $199.00 per night plus applicable taxes and surcharges in the amount of $24.87 per night for a total cost of $223.87 per night. 1. The ASCD conference brochure provided a listing of thirty -three hotels with conference rates from which conference attendees could choose. 2. Only two hotels documented higher conference rates than the Rosen Plaza Hotel for double occupancy rooms. b. Maritz and Smith were scheduled to arrive on March 31, 2005, and depart on April 6, 2005. c. The Rosen Plaza Hotel is located approximately one -tenth of a mile from the OCCC. 1. The conference brochure specifically documents the Rosen Plaza Hotel as one of three hotels located within walking distance of the OCCC. 80. The fee associated with Maritz's registration for the 2005 ASCD annual conference and a one -day pre- conference institute totaled $410.00. a. Maritz's registration fee totaled $173.00. b. Maritz's registration for the one -day pre- conference institute totaled $237.00. c. SRSD received a discount on Maritz's registration fees as a result of Maritz being an ASCD member. d. Maritz's registration fee was paid via the issuance of SRSD General Fund check number 037656, dated January 31, 2005, in the amount of $410.00 payable to the ASCD. 1. Maritz's signature is present as one of two authorizing signatories on the check. 81. Tisci obtained airline reservations for Maritz through Greater Pittsburgh Travel Agency, Inc., for transportation to the 2005 ASCD annual conference. a. Maritz's airline tickets and travel itinerary under Greater Pittsburgh Travel Agency Itinerary /Invoice No. 0031196 documented the following schedule: Airline Flight No. Ticket No. Date Depart Arrive US Airways 391 0371096544675 March 31, 2005 Pittsburgh, Pa-- -8:40p Orlando, Fl---10:57p Maritz, 08 -049 Page 25 US Airways 270 0371096544675 April 6, 2005 Orlando, Fl---2:05p Pittsburgh, Pa-- -4:20p 82. On or about the end of March 2005, Maritz requested and received an advance payment and travel advance totaling $1,593.28 via the receipt of SRSD General Fund check number 038049, dated March 31, 2005, in the amount of $1,343.28 and SRSD General Fund check number 038029, dated March 31, 2005, in the amount of $250.00 for his attendance at the 2005 ASCD annual conference. a. Check number 038049 was written payable to the Rosen Plaza Hotel. b. Maritz endorsed and deposited check number 038029 into Smith's personal bank account (Account Number [number redacted) at PNC Bank. 83. Maritz rented a vehicle at Budget Rent -A -Car for transportation purposes upon arrival in Orlando, Florida, on March 31, 2005. a. Maritz and Smith were the only individuals to utilize the vehicle. b. The vehicle rental was charged to Smith's Visa credit card. c. Total charges for vehicle rental were $294.74. d. The Rosen Hotel is located approximately one -tenth of a mile from the OCCC Conference site and is within walking distance of the conference. e. Shuttle service costs between the hotel and airport vary between $36.00 and $84.00 roundtrip. f. The rental receipt notes an "Out" date and time of March 31, 2005, at 11:31 p.m. and an "In" date and time of April 6, 2005, at 12:04 p.m. g. Eighty -one miles were driven between March 31, 2005, and April 6, 2005. 1. Maritz was the sole operator of the vehicle. 84. Maritz's hotel folio (folio number RR535991 -1) for the Rosen Plaza Hotel documents a check in date of March 31, 2005, and a departure date of April 6, 2005. a. Maritz checked -in to the hotel at 12:34 a.m. and departed at 11:01 a.m. b. Maritz provided the Rosen Plaza Hotel with payment in the amount of $1,343.28 via SRSD General Fund check number 038049 upon check -in at the hotel. c. In addition to the nightly room rate and applicable taxes, Maritz incurred additional charges at the Rosen Plaza Hotel for long distance telephone calls placed, valet parking of his rented vehicle, room service, and in -room internet usage. d. The complete cost for Maritz's lodging and additional expenses associated with his lodging totaled $1,517.96. 1. Maritz issued payment to the Rosen Plaza Hotel in the amount of $174.68 via Smith's credit card upon check out on April 6, 2005, to supplement the advance check provided. Maritz, 08 -049 Page 26 85. On April 11, 2005, Maritz completed and submitted for approval an SRSD Professional Development Expense Report requesting reimbursement totaling $804.35 in association with the 2005 ASCD annual conference. a. Maritz signed the form as the individual requesting reimbursement. b. The reimbursement request was approved by Skender. c. The report documented expenses of $2,807.83 less prepayments of $2,003.48 for a total of $804.35 claimed by Maritz. 86. Maritz was issued SRSD General Fund check number 038066, dated April 13, 2005, in the amount of $804.35 for reimbursement claimed as a result of traveling to Orlando, Florida, for the 2005 ASCD annual conference. a. Check number 038066 appeared on the bill list presented for approval at the May 26, 2005, regular Board meeting. 1. Maritz's signature is present as one of three authorizing signatories on the check. b. The motion to approve the monthly bills passed unanimously. 1. Maritz was present at the May 26, 2005, meeting and participated in the unanimous vote. 87. Although attending the 2005 ASCD annual conference in his capacity as a Board Member for SRSD, Maritz remained in Orlando, Florida, an extra day after the official conclusion of the conference and charged personal expenses incurred to SRSD. a. SRSD Board Members in travel status are permitted to remain on site at the conference location after the close of the conference depending on the time of day that the conference concludes. 1. Board members are expected to return the same day that the conference closes if the conference concludes by or about mid -day. b. Maritz was permitted to remain in Orlando, Florida, until April 5, 2005, due to the official closing time of the ASCD annual conference. c. The 2005 ASCD annual conference closing session was scheduled on April 4, 2005, from 4:45 p.m. to 6:00 p.m. 88. Maritz's personal costs of $264.12 were paid by the SRSD for Maritz's hotel and subsistence expenses. a. Maritz's room expense totaled $223.87 per night ($199.00 nightly rate + $24.87 in applicable taxes /fees). b. Maritz submitted and received reimbursement for subsistence totaling $40.25 for April 6, 2005. 1. Maritz submitted reimbursement for funds expended at Cafe Matisse on April 6, 2005, at 10:26 a.m. in the amount of $13.67. Maritz, 08 -049 Page 27 2. Maritz submitted reimbursement for funds expended at Macaroni Grill at Orlando International Airport on April 6, 2005, at 12:21 p.m. in the amount of $26.58. 89. SRSD incurred additional expenses totaling $54.00 in association with Maritz's vehicle rental via the accumulation of valet parking fees at the Rosen Plaza Hotel. a. Fees for valet parking at the Rosen Plaza Hotel totaled $9.00 per night. 90. Maritz additionally submitted receipts for payment by /reimbursement from SRSD for meals noting the purchase of two entrees on April 3, 2005. a. Maritz submitted a Vito's Chop House receipt dated April 3, 2005, for payment by /reimbursement from SRSD in the amount of $103.00 as shown below: Description Shrimp Trio Platter Lobster Bisque 13 oz. Filet Mignon 10 oz. Lobster tail Tax Gratuity Total Cost Submit For Reimbursement /Payment $23.95 Yes 8.95 Yes 25.95 Yes 25.00 Yes 5.46 Yes 13.69 Yes $103.00 1 Smith was present with Maritz at the dinner. aa. Although Smith was present at the dinner, the receipt notes only one guest. bb. Handwritten on the receipt submitted by Maritz was, "A La Carte Restaurant." 1. Additionally handwritten on the receipt by Maritz was "Appetizer" next to the Shrimp Trio Platter, "Soup" next to the Lobster Bisque, and "Dinner Maritz" next to a booth [sic] the Filet Mignon and Lobster Tail. 2. The cost of the meal when divided equally between Maritz and Smith totals $51.50. 91. Incidental subsistence charges totaling $48.57 were incurred by Maritz at a twenty - four hour delicatessen located within the Rosen Plaza Hotel. a. The delicatessen serves sandwiches, snacks, and beverages. b. Maritz's subsistence was paid for /reimbursed by SRSD in the amount of $48.57 for charges incurred at the delicatessen within the Rosen Plaza Hotel. 92. Additional incidental charges of a personal nature incurred by Maritz and charged to his room at the Rosen Plaza Hotel for which Maritz ultimately claimed and received reimbursement from SRSD included charges for in -room internet service totaling $49.75. a. Maritz's hotel folio notes charges of $9.95 daily for in -room internet service. Maritz, 08 -049 Page 28 1. All five days' charges for in -room internet service were charged to Maritz's folio on April 6, 2005. b. Maritz used the internet in part for personal matters as well as issues relating to the School District. 93. Maritz realized a total private pecuniary gain of at least $595.73 as a result of returning one day later than permitted and renting a vehicle in association with his attendance at the 2005 ASCD Annual Convention, being advanced or reimbursed District funds for expenses associated with personal travel, and voting to approve the advances and /or reimbursements in his capacity as a School Board Member as shown below: Description Rosen Plaza Hotel (All hotel related expenses minus parking fees) Subsistence Vehicle Rental (less $84.00 cab fare) Valet Parking (Rosen Plaza Hotel) Total Financial Gain $239.24 91.75 210.74 54.00 $595.73 94. In a sworn statement provided to Commission investigators on February 20, 2009, Maritz stated the following: a. SRSD Board Members are to follow applicable policies as documented in the policy manual. b. From the late 1990s into the 2000s there was a culture in the District of entitlement regarding conference attendance due to the fact that Board Members were not compensated. 1. Maritz acknowledged being part of the culture until he began questioning the amount of District funds being utilized on Board travel. aa. Maritz participated in multiple votes in favor of eliminating /banning Board travel and using budgeted travel funds for other District related interests. 1. Maritz has not traveled to an out -of -state conference since the 2006 NSBA conference in Chicago, Illinois. c. Board Members traveling more than one day in advance of the start or staying more than one day after the close of an out -of -state conference (or pre- conference workshop) would be required to pay the extra days' expenses personally. d. Rental of a vehicle for the 2004 and 2006 NSBA annual conferences and the 2005 ASCD conference was done so out of convenience. e. Maritz had no intent to receive /realize a financial gain through his attendance at the 2004 and 2006 NSBA conferences and the 2005 ASCD conference and Maritz would be willing to make proper restitution if necessary. 95. Maritz realized a total private pecuniary gain of $2,126.48 as a result of submitting Maritz, 08 -049 Page 29 expenses, accepting payment by /reimbursement from SRSD for submitted expenses, and voting to approve bill lists on which payments /reimbursements were documented for expenses of a personal nature in association with his attendance at the 2004 and 2006 NSBA annual conferences as well as the 2005 ASCD annual conference as shown below: Year /Conference 2004 NSBA Annual Conference 2005 ASCD Annual Conference 2006 NSBA Annual Conference Total III. DISCUSSION: As a Member of the Sto -Rox School District ( "School District ") Board of Directors ( "Board "), Respondent Edward Maritz, Jr. (hereinafter also referred to as "Respondent," "Respondent Maritz," and "Maritz ") is a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq. The allegation is that Respondent Maritz violated Section 1103(a) of the Ethics Act when he, as a Member of the Board, used the authority of his office for a private pecuniary benefit, including but not limited to incurring expenses of a personal nature while traveling on School District business and subsequently claiming and receiving reimbursement for those personal expenses. 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). Personal Expenses Paid /Reimbursed By SRSD $531.85 595.73 998.90 $2,126.48 The term "conflict of interest" is defined in the Ethics Act as follows: 65 Pa.C.S. § 1102. § 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. Maritz, 08 -049 Page 30 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. 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. Background Respondent Maritz has served continuously as a Member of the Board from December 2, 1997, through the present. Respondent previously served as a Board Member from December 2, 1993, until December 3, 1995. Respondent has served in various Board officer positions, most recently serving as Board Secretary from December 8, 2004, until July 20, 2006. The Board consists of nine Members. Signature authority over School District accounts rests with the Board President, Board Secretary, and Board Treasurer. School District checks require the signatures of any two of the three authorized signatories. During the relevant time period from March 2004 until July 2006, School District employees and Board Members were authorized to receive reimbursement for reasonable expenses supported by receipts while on School District business. In July 2006 the School District changed the travel expense reimbursement policy as a result of perceived reimbursement abuse by various Board Members. Board Members are encouraged to attend training events including conferences. Board Members in travel status are permitted to travel to out of state conferences only one day in advance. One day advance travel applies to the official start of the conference or to any pre- conference workshops that Board Members have been pre- registered to attend. Board Members in travel status are permitted to remain on site at the conference location after the close of the conference depending on the time of day that the conference concludes. Board Members are expected to return the same day that the conference closes if the conference concludes by or about mid -day. Board Members are permitted to rent vehicles at the expense of the District while in travel status if the rental is necessary and can be justified. Board Members traveling on School District related business are required to submit an expense report upon return, detailing the specific amount of expense reimbursement requested. From at least 2004 to June 2006, the School District used a form titled "SRSD Professional Development Expense Report" (hereinafter, "Expense Report ") for this purpose. The Expense Report documented the individual claiming reimbursement, travel information (dates, conference name and location, etc.), specific expenses incurred, and total reimbursement claimed. Any advances issued were subtracted from the total amount due. The report was processed through the business office and required the signature of the individual submitting the report as well as review by the School District business manager and /or superintendent. Once reviewed, the reimbursement was coded and a reimbursement check was issued. The expense reimbursement check was included on one of the two bill lists to be approved at the next legislative Board meeting. The National School Board Association Annual Conferences The National School Board Association (hereafter "NSBA ") holds an Annual Maritz, 08 -049 Page 31 Conference and Exposition for the purpose of providing educational and informational opportunities to educators and school board members. The NSBA annual conference officially begins on Saturday and concludes on or about noon the following Tuesday. "Early bird" workshops, pre- conference workshops, and other sessions as well as registration are available the Friday prior to the start of the Conference. Individuals desiring to attend the NSBA annual conference must pre - register for the event, which includes payment of a registration fee for the conference and additional registration fee(s) for any "early bird" workshop(s) the individual plans to attend. Registration procedures for the conference include reservation of a hotel room through the NSBA Housing Bureau. The conference brochure identifies hotels offering special conference rates. Individuals registering for housing through the NSBA Housing Bureau are to provide their first five choices of hotels. The NSBA offers complimentary all -day shuttles between conference hotels and the conference site. The registrant's conference badge is the ticket for the registrant, his /her spouse or guest, and his /her children to ride the shuttle. Board Members interested in attending the NSBA annual conference inform the superintendent's secretary, who lists their names on a "travel matrix" to be approved at the next legislative Board meeting. The superintendent's secretary typically registers the interested Board Members for the NSBA annual conference and submits hotel choices for the attending Board Members once registration is confirmed. Each Board Member provides his or her specific hotel choices to the superintendent's secretary for submission. The NSBA Housing Bureau subsequently notifies the superintendent's secretary of the hotels with which Board Member reservations have been made. The 2004 NSBA Annual Conference The NSBA held its 2004 annual conference at the Orange County Convention Center (OCCC) in Orlando, Florida. The conference officially began on Saturday, March 27, 2004, at 8:00 a.m. and officially concluded on Tuesday, March 30, 2004, at 10:30 a.m. At the November 20, 2003, Board meeting, Respondent and three additional Board Members were approved for travel to the 2004 NSBA annual conference for the specified dates of March 27 -30, 2004. Respondent was present and participated in the unanimous 6 -0 vote to approve the November 2003 travel matrix authorizing the aforesaid travel. Respondent's registration fee for the 2004 NSBA annual conference was paid via School District General Fund check number 034774, dated October 31, 2003. Respondent's signature is present on the check as one of two authorizing signatories. Beverly Tisci ( "Tisci "), superintendent's secretary, made Respondent's airline reservations for travel to the 2004 NSBA annual conference. Respondent's travel itinerary provided for travel to Orlando, Florida, on March 25, 2004, and return from Orlando to Pittsburgh, Pennsylvania, on March 30, 2004. Respondent's travel itinerary included one extra day in Orlando, Florida, beyond what was permitted by the School District for attendance at the conference. School District General Fund check number 035051 dated December 15, 2003, was issued to the Greater Pittsburgh Travel Agency to pay for Respondent's air fare. Respondent's signature is present on the check as one of two authorizing signatories. In March 2004 Respondent requested and received a travel advance for travel to the 2004 NSBA Annual Conference. Tisci prepared the Request for Travel Advance on Respondent's behalf. The Request for Travel Advance incorrectly listed Respondent's March 25 -30, 2004, travel dates as conference dates. Respondent received a travel advance in the amount of $1,120.50. Maritz, 08 -049 Page 32 Respondent traveled to Orlando, Florida, for the 2004 NSBA annual conference on March 25, 2004, two days in advance of the official conference start. Respondent was not registered for any pre- conference workshops at the 2004 NSBA annual conference. Respondent was assigned lodging for the 2004 NSBA annual conference for himself and his guest /fiancee, Elizabeth Smith ( "Smith "), at the Hard Rock Hotel located at 5800 Universal Boulevard, Orlando, Florida, approximately five miles from the OCCC. The room rate at the Hard Rock Hotel for a double occupancy room was $185.00 per night plus taxes of $21.28 per night for a total cost of $206.28 per night. Maritz and Smith were scheduled to arrive on March 25, 2004, and depart on March 30, 2004. Upon arriving in Orlando, Respondent rented a vehicle. The vehicle was rented from March 25, 2004, at 7:21 p.m. to March 30, 2004, at 11:54 a.m., at a total cost of $268.63. The cost of public transportation roundtrip between the hotel and airport is $63.00. Free shuttle busses traveled from the OCCC to conference hotels, including the Hard Rock Hotel, continuously throughout the days of the NSBA conference. Respondent checked -in to the Hard Rock Hotel on March 25, 2004, and checked - out on March 30, 2004. In addition to the nightly room rate and applicable taxes, Respondent incurred additional charges at the Hard Rock Hotel for long distance telephone calls placed, valet parking of his rented vehicle at a total cost of $60.00, use of the in -room mini -bar, and in -room internet usage. The complete cost for Respondent's lodging and additional expenses documented on his folio totaled $1,337.22. Respondent's lodging expense for March 25, 2004 - -the extra night Respondent spent in Orlando -- totaled $206.28 ($185.00 nightly rate plus $21.28 in taxes). Respondent's expenses for subsistence for March 25, 2004, totaled a minimum of $59.94. On April 1, 2004, Respondent completed and submitted for approval an Expense Report requesting reimbursement totaling $325.13 in addition to the travel advance he had already received. A minor mathematical error in the Expense Report was corrected by School District personnel upon processing the Expense Report. The corrected Expense Report documented expenses of $1,449.59 less the $1,120.50 advance for a total of $329.09 claimed by Respondent. The reimbursement request was approved by School District Superintendent Thomas Skender and Director of Administrative Affairs Charles Lanna. Respondent was issued School District General Fund check number 035792, dated April 2, 2004, in the amount of $329.09 for reimbursement as a result of traveling to Orlando, Florida, for the 2004 NSBA annual convention. Check number 035792 was on a bill list that was approved for payment at the May 20, 2004, regular Board meeting. Respondent was not present at that meeting. Respondent's signature is present as one of two authorizing signatories on the check. The parties have stipulated that Respondent received a private pecuniary gain in the amount of $531.85 by claiming and receiving reimbursement from the School District for the following personal expenses relative to the 2004 NSBA annual convention: (1) $206.28 for one extra night of lodging at the Hard Rock Hotel on March 25, 2004 ($185.00 nightly rate plus taxes of $21.28); (2) $59.94 for subsistence for March 25, 2004; (3) $205.63 for vehicle rental ($268.63 minus the $63.00 that would have been incurred for cab /shuttle service round trip between the airport and hotel); and (4) $60.00 for valet parking of the rented vehicle at the Hard Rock Hotel. Fact Findings 48, 95. The 2006 NSBA Annual Conference The NSBA held its 2006 annual conference at the Lakeside Center at McCormack Place, Chicago, Illinois. The conference officially began on Saturday, April 8, 2006, at Maritz, 08 -049 Page 33 8:00 a.m. and officially concluded on Tuesday, April 11, 2006, at 11:00 a.m. At the November 17, 2005, Board meeting, Respondent and two other Board Members were approved for travel to the 2006 NSBA annual conference for the specified dates of April 8 -11, 2006. Respondent was present at the meeting and participated in the unanimous 6 -0 vote to approve the November 2005 travel matrix authorizing the aforesaid travel. Respondent's initial registration for the conference did not include any "early bird" /pre- conference workshops. Subsequently, Respondent contacted the NSBA and requested that he also be registered for an "early bird" workshop (hereinafter, the "Workshop ") scheduled for Friday, April 7, 2006, from 1:30 p.m. -4:30 p.m. The cost of the Workshop was an additional $125.00. Respondent instructed the NSBA to update his registration and bill the School District for the additional session. Respondent's registration fee for the 2006 NSBA annual conference was paid via School District General Fund check number 040380, dated December 15, 2005. Respondent's additional registration fee for the Workshop was paid via School District General Fund check number 041068, dated March 16, 2006. Respondent's signature is present as one of two authorizing signatories on each of the aforesaid checks. On or about November 21, 2005, Respondent obtained airline reservations for travel to the 2006 NSBA annual conference in Chicago, Illinois, on April 6, 2006, and return from Chicago to Pittsburgh, Pennsylvania, on April 12, 2006. Respondent traveled to Chicago, Illinois, for the 2006 NSBA annual conference on April 6, 2006 - -two days in advance of the official conference start - -and returned April 12, 2006 - -one day after the close of the conference - -and charged expenses incurred on the two extra days to the School District. Both of the extra days were for personal purposes. Even though Respondent had registered for the Workshop held Friday, April 7, 2006, he did not attend the event. Respondent informed the NSBA that he had been prevented from attending the Workshop due to a flight delay, and the NSBA refunded the $125.00 registration fee to the School District. However, the parties have stipulated that Respondent did not experience any type of flight delay that would have prevented him from attending the Workshop. To the contrary, Respondent arrived in Chicago, Illinois, on April 6, 2006, at least twenty -two hours and twenty minutes prior to the Workshop. Receipts submitted by Respondent for expense reimbursement for April 7, 2006, document Respondent's presence in Chicago, Illinois, for mainly personal purposes. See, Fact Findings 64 -64 a. One of Respondent's receipts for April 7, 2006, indicates that at 2:21 p.m., during the Workshop, Respondent was dining at a restaurant named "Tucci Benucch." On April 11, 2006, the conference was scheduled to conclude at 11:00 a.m. At 4:18 p.m. on April 11, 2006, Board Member Donna Parrilla ( "Parrilla "), who was also at the conference, sent an e-mail to School District Superintendent Franny Jo Serenka, the contents of which e -mail implied that the conference had just ended. See, Fact Findings 68 -68 b(1). On the following morning, April 12, 2006, Respondent, Smith, Parrilla, and Board Member Elizabeth Bencho ( "Bencho ") attended two morning tapings of the Oprah Winfrey show in Chicago, Illinois, and traveled to O'Hare International Airport upon conclusion of the second taping. While in Chicago, Respondent rented a vehicle from April 6, 2006, at 3:08 p.m. to April 12, 2006, at 12:58 p.m., at a total cost of $346.73. The vehicle was for the use of Respondent, Smith, Parrilla, and Bencho. Cab and shuttle service costs for roundtrip airport transportation varied between $49.00 and $90.00. Free shuttle busses traveled from the conference site to conference hotels, including the hotel where Respondent and Smith stayed, continuously throughout the days of the NSBA conference. Maritz, 08 -049 Page 34 Respondent and Smith stayed at the Four Seasons Hotel. Respondent and Smith were scheduled to arrive at the Four Seasons Hotel on April 6, 2006, and depart on April 12, 2006. Respondent checked -in to the Four Seasons Hotel on April 6, 2006, at 4:44 p.m. local time and checked -out on April 12, 2006, at 6:45 a.m. local time. The room rate at the Four Seasons Hotel for a double occupancy room was $275.00 per night plus taxes in the amount of $42.32 per night for a total nightly cost of $317.32. The cost for Respondent's lodging and additional expenses associated with his lodging totaled $2,183.52 and included charges for room service and valet parking of the rented vehicle. The cost for valet parking at the Four Seasons Hotel was $40.00 per night and totaled $240.00 for Respondent's rented vehicle. Respondent submitted to the School District receipts for additional parking fees totaling $32.00 for parking at the Hard Rock Hotel and Soldier Field. Respondent documented the $24.00 parking expense for parking at the Hard Rock Hotel as "Parking Nutrition Mtg." and the $8.00 parking expense for parking at Soldier Field as "Parking Aramark Mtg." The nightly room rate and taxes for Respondent's two extra nights of lodging at the Four Seasons Hotel on April 6, 2006, and April 11, 2006, cost the School District $317.32 per night, for a total of $634.64. Respondent's subsistence expenses for the two extra days in Chicago totaled at least $126.99 and included a minimum of $61.00 for April 6, 2006, and a minimum of $65.99 for April 12, 2006. Additionally, Respondent submitted a Hard Rock Cafe receipt dated April 8, 2006, claiming food charges in the amount of $39.00 plus $7.00 for tax and gratuity, as detailed in Fact Findings 70 a -70 a(1). Smith was present with Respondent at the dinner. Handwritten notations on the receipt indicated that each item on the receipt was for Respondent. The parties have stipulated that the cost of the actual reimbursement for the meal when divided equally between Respondent and Smith totals $23.00. Respondent submitted a receipt from Mike Ditka's restaurant dated April 10, 2006, for payment by /reimbursement from the School District for a $114.00 meal expense as detailed in Fact Finding 70 b. Smith was present with Respondent at the dinner. Handwritten notations on the receipt indicate that all of the food items were for Respondent. The parties have stipulated that the cost of the meal when divided equally between Respondent and Smith totals $57.00. Prior to the conference, Respondent had requested and received a travel advance totaling $2,500.00. Following the conference, on April 17, 2006, Respondent completed and submitted for approval an Expense Report requesting reimbursement totaling $710.72 in association with the 2006 NSBA annual conference. The report claimed expenses of $3,210.72 less the $2,500.00 advance for a total of $710.72 claimed by Respondent. Respondent signed the form as the individual requesting reimbursement. Respondent documented his position on the form as an "unpaid board member." Respondent hand wrote and highlighted various instructions and statements on the Expense Report as detailed at Fact Findings 60 -60 d. Respondent's reimbursement request was not signed /approved by Superintendent Serenka or Director of Administrative Affairs Lanna due to the amount of the expenses claimed and reimbursement sought by Respondent. Respondent was issued School District General Fund check number 041369, dated April 28, 2006, in the amount of $710.72 for reimbursement claimed as a result of traveling to Chicago, Illinois, for the 2006 NSBA annual convention. Check number 041369 appeared on the bill list presented for approval at the May 18, 2006, regular Board meeting. Respondent was present at the May 18, 2006, meeting and participated in the unanimous vote to approve the bill list. Respondent's signature was present on School Maritz, 08 -049 Page 35 District General Fund check number 041369 as one of two authorizing signatories. The parties have stipulated that Respondent received a private pecuniary gain of at least $998.90 by traveling to the 2006 NSBA annual conference one day earlier than permitted and staying one day later than permitted, renting a vehicle in association with his attendance at the conference, being advanced or reimbursed District funds for expenses associated with personal travel, and voting to approve the advances and /or reimbursements in his capacity as a School Board Member, calculated as the sum of the following: (1) $644.84 for hotel expenses, including two extra nights of lodging at the Four Seasons Hotel on April 6, 2006, and April 11, 2006; (2) $66.58 for vehicle rental (consisting of a 1/3 share of the $346.73 total cost, minus the $49.00 that would have been incurred for shuttle service round trip between the airport and hotel); (3) $80.00 for valet parking of the rented vehicle at the Four Seasons Hotel (consisting of 1/3 of the total cost of $240.00); (4) $10.67 for additional parking fees (consisting of 1/3 of the total cost of $32.00); and (5) $196.81 for subsistence. Fact Findings 71, 95. Association for Supervision and Curriculum Development Annual Conference The Association for Supervision and Curriculum Development (hereafter "ASCD ") holds an Annual Conference and Exhibit Show. The ASCD annual conference officially begins on Saturday and concludes on Monday in late afternoon /early evening. Pre- conference institutes and other sessions as well as registration are available prior to the opening Saturday of the conference. Registration procedures for the ASCD annual conference include reservation of a hotel room through the ASCD housing company. The conference brochure lists select hotels offering special conference rates. Individuals registering for housing through the ASCD housing company are to provide information including their first six choices of hotels. The 2005 ASCD Annual Conference The ASCD held its 2005 annual conference at the OCCC in Orlando, Florida, from April 2, 2005, at 8:00 a.m. to April 4, 2005, at 6:00 p.m. Various pre- conference institutes began as early as March 30, 2005, and concluded on April 1, 2005. On -site registration and a first - timers session were scheduled for April 1, 2005. Respondent instructed Tisci to reserve hotel accommodations for himself and Smith at the Rosen Plaza Hotel for lodging associated with the 2005 ASCD annual conference. Tisci made the reservation on Respondent's behalf on October 24, 2004. Respondent registered for the annual conference and a one -day pre- conference institute. At the November 18, 2004, Board meeting, Respondent was approved for travel to the 2005 ASCD annual conference. The travel matrix documenting Respondent's travel to the 2005 ASCD annual conference was approved by the Board at the November 18, 2004, Board meeting. Respondent was present at the meeting and participated in the unanimous 8 -0 vote to approve the travel matrix authorizing the aforesaid travel. The fee associated with Respondent's registration for the 2005 ASCD annual conference and a one -day pre- conference institute totaled $410.00. Respondent's registration fee was paid via School District General Fund check number 037656, dated January 31, 2005. Respondent's signature is present on the check as one of two authorizing signatories. Respondent was assigned lodging for the 2005 ASCD annual conference for himself and Smith at the Rosen Plaza Hotel located at 9700 International Drive, Orlando, Florida. The room rate at the Rosen Plaza Hotel for a double occupancy room was Maritz, 08 -049 Page 36 $199.00 per night plus taxes and surcharges in the amount of $24.87 per night for a total cost of $223.87 per night. Respondent and Smith were scheduled to arrive on March 31, 2005, and depart on April 6, 2005. Tisci made Respondent's airline reservations for travel to the 2005 ASCD annual conference in Orlando, Florida. Respondent's travel itinerary provided for travel to Orlando, Florida, on March 31, 2005, and return from Orlando to Pittsburgh, Pennsylvania, on April 6, 2005. On or about the end of March 2005, Respondent requested and received an advance payment and travel advance totaling $1,593.28 for his attendance at the 2005 ASCD annual conference. The advance consisted of: (1) School District General Fund check number 038049, dated March 31, 2005, in the amount of $1,343.28 payable to the Rosen Plaza Hotel; and (2) School District General Fund check number 038029, dated March 31, 2005, in the amount of $250.00. Upon arriving in Orlando, Florida, Respondent rented a vehicle. The vehicle was rented from March 31, 2005, at 11:31 p.m. to April 6, 2005, at 12:04 p.m., at a total cost of $294.74. Respondent and Smith were the only individuals to utilize the vehicle. Shuttle service costs between the hotel and airport vary between $36.00 and $84.00 roundtrip. The Rosen Hotel is located approximately one -tenth of a mile from the OCCC Conference site and is within walking distance of the conference. Respondent checked -in to the Rosen Plaza Hotel around midnight of March 31, 2005, and checked -out on April 6, 2005. In addition to the nightly room rate and taxes, Respondent incurred additional charges at the Rosen Plaza Hotel for long distance telephone calls placed, valet parking of his rented vehicle, room service, and in -room internet usage. The complete cost for Respondent's lodging and additional expenses associated with his lodging totaled $1,517.96. The cost for valet parking at the Rosen Plaza Hotel was $9.00 per night and totaled $54.00 for Respondent's rented vehicle. The charges for in -room internet service totaled $49.75. Respondent used the internet in part for personal matters as well as for issues relating to the School District. Respondent additionally submitted for payment by /reimbursement from the School District a restaurant receipt dated April 3, 2005, for subsistence totaling $103.00 including two entrees as detailed in Fact Finding 90 a. Smith was present with Respondent at the dinner. Respondent made handwritten notations on the receipt indicating that both entrees were for him, and that the other items were an appetizer and soup. The parties have stipulated that the cost of the meal when divided equally between Respondent and Smith totals $51.50. Incidental subsistence charges totaling $48.57 were incurred by Respondent at a twenty -four hour delicatessen located within the Rosen Plaza Hotel. These charges were paid for /reimbursed by the School District. Due to the 6:00 p.m. official closing time of the ASCD annual conference on April 4, 2005, Respondent was permitted to remain in Orlando, Florida, until April 5, 2005. However, Respondent remained in Orlando, Florida, until April 6, 2005. Respondent stayed one extra day than was permitted and charged personal expenses incurred for that extra day to the School District. Respondent's lodging expense for the night of April 5, 2005 - -the extra night spent in Orlando -- totaled $223.87 ($199.00 nightly rate plus $24.87 in applicable taxes /fees). On April 6, 2005, Respondent incurred expenses for subsistence totaling $40.25. Maritz, 08 -049 Page 37 On April 11, 2005, Respondent completed and submitted for approval an Expense Report requesting reimbursement totaling $804.35 in association with the 2005 ASCD annual conference. Respondent signed the form as the individual requesting reimbursement. The reimbursement request was approved by Superintendent Thomas Skender. The report documented expenses of $2,807.83 less prepayments of $2,003.48 for a total of $804.35 claimed by Respondent. Respondent was issued School District General Fund check number 038066, dated April 13, 2005, in the amount of $804.35 for reimbursement claimed as a result of traveling to Orlando, Florida, for the 2005 ASCD annual conference. Check number 038066 appeared on the bill list presented for approval at the May 26, 2005, regular Board meeting. Respondent was present at the May 26, 2005, Board meeting and participated in the unanimous vote to approve the bill list. Respondent's signature is present on the check as one of three authorizing signatories. The parties have stipulated that Respondent received a total private pecuniary gain of at least $595.73 as to his attendance at the 2005 ASCD annual conference as a result of returning one day later than permitted, renting a vehicle in association with his attendance at the 2005 ASCD Annual Convention, being advanced or reimbursed District funds for expenses associated with personal travel, and voting to approve the advances and /or reimbursements in his capacity as a School Board Member, calculated as the sum of the following: (1) $239.24 for hotel expenses, including one extra night of lodging at the Rosen Plaza Hotel on April 5, 2005; (2) $210.74 for vehicle rental (consisting of the total cost of $294.74 minus the $84.00 that would have been incurred for cab fare round trip between the airport and hotel); (3) $54.00 for valet parking of the rented vehicle at the Rosen Plaza Hotel; and (4) $91.75 for subsistence. Fact Findings 93, 95. The parties have stipulated that Respondent realized a total private pecuniary gain of $2,126.48 as a result of submitting expenses, accepting payment by /reimbursement from the School District for submitted expenses, and voting to approve bill lists on which payments /reimbursements were documented for expenses of a personal nature in association with his attendance at the 2004 and 2006 NSBA annual conferences as well as the 2005 ASCD annual conference as calculated at Fact Finding 95. 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 Act, 65 Pa.C.S. § 1103(a) occurred when Maritz incurred and received reimbursement for expenses of a personal nature while traveling on School District business. 4. Maritz agrees to make payment in the amount of $2,126.48 in settlement of this matter payable to the Sto -Rox School District 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 Maritz, 08 -049 Page 38 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. In considering the Consent Agreement of the parties, we agree that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Respondent incurred and received reimbursement for expenses of a personal nature while traveling on School District business. Cf., Regola, Order 1517; Melenia, Order 1516; Hopkin, Order 1515; Matta, Order 1439; Tancredi, Order 1434; Hoover, Order 1348; Sullivan, Order 1245; Choura, Order 942. Respondent realized a total private pecuniary gain of $2,126.48 as a result of submitting expenses, accepting payment by /reimbursement from the School District for submitted expenses, and voting to approve bill lists on which payments /reimbursements were documented for expenses of a personal nature in association with his attendance at the 2004 and 2006 NSBA annual conferences as well as the 2005 ASCD annual conference as calculated at Fact Finding 95. Such personal expenses included lodging and subsistence for unauthorized extra days spent at conference sites prior to or after conferences, unnecessary vehicle rental expenses, valet parking and other parking expenses for vehicles rented unnecessarily, and other personal expenses. Respondent used the authority of office by claiming and accepting payments /reimbursements for such personal expenses and by voting to approve bill lists that included payments /reimbursements for such personal expenses. Additionally, Respondent's signature is present as one of the authorizing signatories on School District checks paying /reimbursing such personal expenses. Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Respondent incurred and received reimbursement for expenses of a personal nature while traveling on School District business. As part of the Consent Agreement, Respondent has agreed to make payment in the amount of $2,126.48 payable to the Sto -Rox School District 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 of the parties, Respondent is directed to make payment in the amount of $2,126.48 payable to the Sto -Rox School District 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. As a Member of the Sto -Rox School District ( "School District ") Board of Directors, Respondent Edward Maritz, Jr. ( "Maritz ") is a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq. Maritz, 08 -049 Page 39 2. Maritz violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he incurred and received reimbursement for expenses of a personal nature while traveling on School District business. In Re: Edward Maritz, Respondent ORDER NO. 1525 File Docket: 08 -049 Date Decided: 7/22/09 Date Mailed: 8/4/09 1 As a Member of the Sto -Rox School District ( "School District ") Board of Directors, Respondent Edward Maritz, Jr. ( "Maritz ") violated Section 1103(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), when he incurred and received reimbursement for expenses of a personal nature while traveling on School District business. 2. Per the Consent Agreement of the parties, Maritz is directed to make payment in the amount of $2,126.48 payable to the Sto -Rox School District and forwarOed to the Pennsylvania State Ethics Commission by no later than the thirtieth (30 day after the mailing date of this Order. 3. Compliance with Paragraph 2 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