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HomeMy WebLinkAbout1559 Gilgallon In Re: John Gilgallon, : File Docket: 09-001 Respondent : X-ref: Order No. 1559 : Date Decided: 6/22/10 : Date Mailed: 7/9/10 Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Donald M. McCurdy Raquel K. Bergen Nicholas A. Colafella Mark Volk 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 allegation(s). 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. Gilgallon, 09-001 Page 2 I.ALLEGATION: That John Gilgallon, a public official/public employee in his capacity as a Member of the Mid Valley School District Board of Directors, Lackawanna County, 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 public position for private pecuniary benefit by incurring expenses of a personal nature for attending National School Board Association conferences and subsequently submitting and participating in the approval of expenses of a personal nature to be paid for by the School District. II.FINDINGS: 1. John Gilgallon has served as a Member of the Mid Valley School District (MVSD) Board of Directors since 1995. a. Gilgallon served as the President of the Board from December 2007 through December 2009. b. Gilgallon served as the Vice-President of the Board from December 2005 through December 2007. c. Gilgallon served as President of the Board at various times from 1995 through 2005. 2. Gilgallon has been employed as the Police Chief in Olyphant Borough since approximately 2002. 3. MVSD is governed by a nine member Board of Directors. a. MVSD normally holds workshop and regular meetings on the third and fourth Wednesday of each month. 1. Voting only occurs at the regular meetings. b. Special meetings are held as necessary. 4. Voting at MVSD 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. c. Minutes of all meetings held are approved for accuracy by the Board at subsequent Board meetings. 5. The MVSD bill listing is composed of bills referred for payment. a. The bills referred for payment are approved by the Board at its monthly meetings. Gilgallon, 09-001 Page 3 6. The bills referred for payment are voted on a single motion by the Board Members at their monthly meetings. a. Reimbursements received by Board Members for travel related expenses appear on the listing of bills referred for payment. 7. Signature authority over MVSD accounts rests with the Board President, Board Secretary and Board Treasurer. a. Stamped signatures are used to sign the checks. 8. MVSD adopted Local Board Procedures titled Board Policy/Procedure/ Administrative Regulations in association with the day-to-day operations of the district. a. The Board Procedures were established in conjunction with the Pennsylvania School District Code. b. The most recent policy was adopted by the Board on May 18, 2005. 1. Gilgallon participated in the vote to approve the district’s revised policy. 9. As a Member of the MVSD Board of Directors, Gilgallon is subject to the policies set forth in the Board Policy/Procedure/Administrative Regulations. a. As a Member of the Board of Directors, Gilgallon was advised on the policies and procedures of the MVSD. 10. The Local Board Procedures titled 004 Membership, address expenses for Members in Section 7 as follows: a. Board Members, a non-member Board Secretary, and Solicitor(s) shall be reimbursed for necessary expenses actually incurred as delegates to any state convention or association of School Directors Convention held within the Commonwealth, or for necessary expenses actually incurred in attendance authorized by the Board at any other meeting held within the Commonwealth or at an educational convention out- of-state. All such expenses shall be itemized and made available for public inspection at the next succeeding Board Meeting. No Board Member shall be reimbursed for more than two out-of-state meetings in one school year. Expenses shall be reimbursed only upon presentation of an itemized, verified statement, except that advance payments may be made upon presentation of estimated expenses to be incurred. 11. Section 9 of Membership, Local Board Procedures, provides the following guidelines related to conferences: a. No Member of the Board may attend a meeting at Board expense without prior Board approval. b. The Board will periodically decide which meetings appear to offer the most promise of direct and indirect benefits to the School District. Gilgallon, 09-001 Page 4 c. Funds for participation at meetings and conferences will be budgeted on an annual basis. d. When a conference/convention or workshop is not attended by the full Board, those who do participate will be requested to share information, recommendations and materials acquired at the meeting that will be beneficial to the School District. e. Reimbursement to Board Members for their travel expense will be in accordance with Section 7 of policy 004 and the travel expense policy for District staff Members. f. Reimbursement shall be limited to actual expenses incurred, and shall not include or be construed to include compensation to individual Board Members. 12. The National School Board Association (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. 13. The NSBA holds an Annual Conference and Exposition for the purpose of providing educational and informational opportunities to educators and school board members through 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. 2. The location of the NSBA Annual Conference varies from year to year. 14. 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. 15. 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 reduced if the individual attending is an NSBA member. 16. The registration procedures for the NSBA Annual Conference are outlined in the conference brochure provided by the NSBA and document the following steps. Gilgallon, 09-001 Page 5 a. Completion of the registration form located at the end of the brochure. 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 and 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. 17. 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. 18. The NSBA offers complimentary all-day shuttles between conference hotels and the conference site. a. The registrant’s conference badge is the ticket for the registrant, his/her spouse or guest, and his/her children to ride the shuttle. 19. 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. No documentation exists to validate the attendance of individuals registered for the conference in comparison with those individuals actually attending the conference. 20. The MVSD has annually approved Board Members and District Administrators to Gilgallon, 09-001 Page 6 attend NSBA Conferences. 21. Gilgallon, as an MVSD Board Member, attended annual NSBA Conferences between 2004 and 2008. a. Gilgallon’s spouse accompanied him on these trips. b. Gilgallon claimed and received expense reimbursement for his wife and himself from the MVSD. c. Gilgallon received reimbursement from the MVSD for other personal expenses. 22. MVSD had no written policy regarding the number of days Board Members could arrive in advance of a conference start date or the number of days Board Members may remain after a conference close date prior to 2009. a. It was generally understood and a past practice that Board Members could travel one day in advance at the start of an out-of-state conference. b. It was 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 the conference concluded and return the following day. 23. Prior to 2009, MVSD had no specific written guidelines on how much a Board Member could spend on meals when attending an NSBA Conference. a. A Board Member could receive an advance of expenses in amounts varying from $600 to $750. 1. Board Members receiving advances were to provide an accounting by completing an expense report and providing receipts to the MVSD Business Manager. 24. MVSD Board Members interested in attending an NSBA Conference would first vote on the matter at a public meeting. a. Authorized participants normally included School Board Members, Solicitor, Superintendent and Business Manager. 1. In 2008, Principals were also authorized to attend. 25. MVSD participants interested in attending an NSBA Conference would notify the Business Manager to make the reservations. a. The Business Manager would first contact the NSBA to register the MVSD participant for the conference. b. The Business Manager would then contact Abington Travel Agency (ATA) in Clarks Summit, Pennsylvania, to handle the travel and lodging for all MVSD participants. 1. ATA had been utilized to make travel arrangements for Board Members for at least the past six years. c. An MVSD School Employee Travel Expense Reimbursement Expense Form would be filled out and signed by each MVSD participant and the Business Gilgallon, 09-001 Page 7 Manager. THE FOLLOWING FINDINGS RELATE TO MVSD PAYMENT/REIMBURSEMENT FOR EXPENSES OF A PERSONAL NATURE IN ASSOCIATION WITH GILGALLON’S TRAVEL TO THE 2005 NSBA ANNUAL CONVENTION. 26.The NSBA held its Annual Convention in San Diego, California, from April 16, 2005, until April 19, 2005. a. The conference began on Saturday, April 16, 2005, and concluded on Tuesday, April 19, 2005. b. The conference had registration periods, various pre-conference workshops and “early bird” workshops available on Friday, April 15, 2005. 1. Attendance at various “early bird” and pre-conference workshops required pre-registration and payment of additional fees to attend. 27. At the MVSD Board of Directors meeting on February 23, 2005, by a vote of 6-0, the Board Members voted to approve MVSD participants to attend the NSBA Conference in San Diego, California. a. Gilgallon was present, and participated in the vote. b. The authorized participants included interested Board Members, Solicitor, Superintendent and Business Manager. c. The approved travel dates were April 15-20, 2005. d. The approved expenses included registration, meals, travel and lodging. 28. MVSD did not submit a registration form for Gilgallon to attend the 2005 NSBA Conference. a. Gilgallon attended the conference, but the MVSD did not pay his registration. b. Gilgallon attended the conference as a guest of another school district official. 29. On or around February 25, 2005, John Gilgallon directed Business Manager Patchcoski to contact Ann Summa of ATA to make airline reservations for his travel to San Diego. a. Gilgallon’s travel itinerary receipt # 032101 from ATA dated February 15, 2005, documented the following: Airline Flight No. Date Depart Arrive Delta 5327K 4/15/05 Scran/Wlks. Cincinnati 6:00 a.m. 7:45 a.m. Delta 761K 4/15/05 Cincinnati San Diego 8:56 a.m. 10:30 a.m. Delta 734U 4/20/05 San Diego Cincinnati 11:23 a.m. 6:26 p.m. Delta 5321U 4/20/05 Cincinnati Scran/Wlks. 7:50 p.m. 9:19 p.m. b. The cost associated with Gilgallon’s air fare totaled $424.80. Gilgallon, 09-001 Page 8 30. MVSD issued General Fund check number 002099 dated March 3, 2005, in the amount of $424.80 paid to ATA for Gilgallon’s air fare. 31. On or around April 15, 2005, Gilgallon requested and received a travel advance via MVSD General Fund check number 002172 dated April 8, 2005, in the amount of $600. 32. Gilgallon was assigned lodging for the 2005 NSBA Conference at the Glorietta Bay Inn at 1630 Glorietta Blvd., Coronado, CA 92118. a. Rooms were not available for the night of April 15, 2005, at approved conference hotels. 1. Gilgallon arrived on April 15, 2005, and departed on April 16, 2005. 2. Gilgallon’s nightly room rate was $179.00 plus taxes, [for a total of] $193.40. 3. Gilgallon paid for the room with his personal credit card. b. Gilgallon’s wife accompanied him to the conference. c. Gilgallon stayed at the Glorietta Bay Inn for one night because initially he could not get a room at the Hotel Del Coronado which was one of the NSBA approved hotels. 33. Gilgallon’s hotel folio for the Hotel Del Coronado confirms an arrival date of April 16, 2005, and a departure date of April 20, 2005. a. The nightly room rate with taxes, fees and parking totaled $317.11 per night ($290.00 + Resort Fee & taxes - $20.11 and parking - $7.00). b. The number in Gilgallon’s party was listed as 2. c. The total cost for the room was $1,434.84. 1. Gilgallon paid for the room with his personal credit card. 34. Gilgallon rented a car from Airport Rent-A-Car as part of his travel to San Diego. a. The vehicle was rented on April 15, 2005, at 12:39 p.m. and returned on April 20, 2005, at 9:55 a.m. b. The reservations to rent the car were made by ATA. c. The cost to rent the vehicle totaled $414.78. d. The vehicle was not required as part of any official conference function. 1. Shuttle service was available between the conference site and hotels. 2. Shuttles were available from the airport to hotels. e. The rental of a vehicle by Gilgallon was primarily for personal purposes. 1. The vehicle was used by Gilgallon and his wife. Gilgallon, 09-001 Page 9 f. Costs for round trip shuttle service from the airport to the hotel were $30.00. 35. MVSD issued General Fund check number 00055577 dated April 28, 2005, in the amount of $414.78 payable to ATA for the Gilgallon’s rental vehicle. 36. Gilgallon submitted meal receipts totaling $130.04 for reimbursement as part of his expense report which included spousal expenses and alcoholic beverages. a. Gilgallon was not reimbursed by the MVSD for alcohol expenses totaling $21.00. 37. Gilgallon submitted generic guest receipt stubs totaling $527.62 as part of his meal expenses that did not identify a vendor, but listed 2 guests. a. Of the $527.62 claimed by Gilgallon, approximately 1/2 or $263.81 was incurred by Gilgallon’s wife. 38. Gilgallon submitted and signed an MVSD school employee travel reimbursement expense form on May 4, 2005, claiming unitemized expenses of $2,264.21. MVSD issued General Fund check number 002245 dated May 5, 2005, in the amount of $1,664.21 to Gilgallon for the balance of expenses, less the $600.00 advancement provided to Gilgallon on April 15, 2008 [sic]. a. Expenses claimed include room charges and meals. 39. Gilgallon as an MVSD Board Member participated in the approval of bills that included payments made for his expenses at the 2005 NSBA Conference in San Diego, California. Name of Check Date Payee Number of Check Amount Abington Travel Agency 000055577 4/28/05 $414.78 John Gilgallon 002172 4/8/05 $600.00 John Gilgallon 002245 5/4/05 $1,664.21 40. Gilgallon received a private pecuniary gain of $703.61 when he claimed expenses and received reimbursement as a result of claiming spousal meal expenses and personal rental car expenses at the 2005 NSBA Conference for a guest. Description Amount Spousal Meal Expenses $318.83 Vehicle Rental $414.78 $733.61 Less credit for shuttle $ 30.00 Total $703.61 THE FOLLOWING FINDINGS RELATE TO MVSD PAYMENT/REIMBURSEMENT FOR EXPENSES OF A PERSONAL NATURE IN ASSOCIATION WITH GILGALLON’S TRAVEL TO THE 2007 NSBA ANNUAL CONVENTION. 41. The NSBA held its Annual Convention at the Moscone Convention Center in San Francisco, California, from April 14, 2007, to April 17, 2007. a. The conference began on Saturday, April 14, 2007, at 8:00 a.m. and concluded on Tuesday, April 17, 2007, at 11:00 a.m. Gilgallon, 09-001 Page 10 b. The conference had registration periods, various pre-conference workshops and “early bird” workshops available on Friday, April 13, 2007. 1. Attendance at various “early bird” and pre-conference workshops required pre-registration and payment of additional fees to attend. 42. At the MVSD Board of Directors Meeting of November 15, 2006, by a vote of 8-0, the Board voted to approve MVSD officials and employees to attend the NSBA Conference in San Francisco, California. a. Gilgallon was absent from the meeting. b. The authorized participants included interested Board Members, Solicitor, Superintendent and Business Manager. c. The approved travel dates were from April 7-12, 2007. 1. The actual dates of the conference were from April 14-17, 2007. 43. A registration form was completed by Gilgallon or at his direction for the 2007 NSBA Conference. a. The registration fee to attend the conference was $820. 44. Gilgallon’s registration fee was paid from MVSD General Fund check number 003541 in the amount of $3,280.00. a. Check number 003541 included the registration fees of Gilgallon plus three additional MVSD Board Members. ($820 × 4 = $3,280). 45. On or around November 22, 2006, the MVSD Board of Directors directed MVSD Business Manager Joseph Patchcoski to contact Ann Summa of the ATA to make airline reservations for Gilgallon and other Members of the MVSD. a. Gilgallon’s travel itinerary receipt #038111 dated November 22, 2006, as completed by ATA documented the following: Airline Flight No. Date Depart Arrive United 7331Q 4/12/07 Scranton/Wlks Chicago 6:00 a.m. 7:18 a.m. United 831Q 4/12/07 Chicago San Fran. 8:00 a.m. 10:22 a.m. United 843W 4/18/07 San Fran. Chicago 12:00 p.m. 6:08 p.m. United 7252W 4/18/07 Chicago Sranton/Wlks 6:48 p.m. 9:37 p.m. b. The cost for Gilgallon’s air fare totaled $495.98. 46. MVSD issued General Fund Check Number 003467 dated January 2, 2007, in the amount of $1,981.33 paid to ATA, which included Gilgallon’s and other MVSD officials’ airfares. 47. On or about April 10, 2007, Gilgallon requested and received a travel advance for his attendance at the 2007 NSBA Annual Conference. a. The location on the travel advance listed San Francisco, CA. Gilgallon, 09-001 Page 11 48. Gilgallon received the travel advance via MVSD General Fund check number 003676 dated April 10, 2007, in the amount of $600.00 for the 2007 NSBA Conference. 49. Based on the direction of the MVSD Board of Directors including Gilgallon, Business Manager Joseph Patchcoski contacted ATA for the purpose of making travel reservations for Gilgallon and other Board Members of the MVSD. a. ATA was to make lodging reservations at the Westin St. Francis Hotel, one of the hotels used by the NSBA for the conference. 50. Gilgallon received a confirmation notice no. 462302 from the Westin St. Francis Hotel in San Francisco, California, dated March 6, 2007. a. The arrival date was listed as Thursday, April 12, 2007, with a departure date of Wednesday, April 18, 2007. 1. The 2007 NSBA Conference in San Francisco was April 14-17, 2007. 2. Gilgallon’s scheduled arrival date was one day earlier than generally accepted practices for MVSD participants attending NSBA Conferences. b. Gilgallon’s total charges were listed as $2,525.73. 1. Gilgallon’s room rate including taxes was $420.96 per night. ($2,525.73 ÷ 6 Nights = $420.96) 51. MVSD issued General Fund check number 00057437 dated January 26, 2007, in the amount of $8,840.07 payable to ATA, which included payments for hotel expenses at the Westin St. Francis Hotel for MVSD Board Members Gilgallon, Thomas Logan, Deborah Shevchik and Eric Pusey. a. ATA reimbursed MVSD on June 17, 2007, in the amount of $1,262.86 for the cost of Board Member Eric Pusey’s hotel charges because he did not attend the 2007 NSBA Conference. 52. Gilgallon submitted an MVSD School Employee Travel Expense Reimbursement Form documenting expenses incurred as a result of attending the 2007 NSBA Annual Conference. a. Gilgallon did not provide the MVSD with receipts or hotel folio for lodging costs incurred at the Westin St. Francis. b. Gilgallon included expenses for 4/11/07 prior to his departure time. c. Gilgallon also included generic receipts for which no vendor was documented or type of expenses incurred. 53. Gilgallon submitted expenses, including generic guest receipts, totaling $126.26 for reimbursement for meals and miscellaneous items for the three days prior to the start of the 2007 NSBA Conference. 54. Gilgallon also submitted undated generic guest receipt stubs totaling $246.58 for reimbursement as part of his expense report for the 2007 NSBA Conference. Gilgallon, 09-001 Page 12 a. None of the receipts indicate a date of service, location, vendor or type of expense incurred. 55. On or around July 30, 2007, Gilgallon requested and received an additional $39.00 from Business Manager Patchcoski for expenses incurred at the 2007 NSBA Conference that exceeded the $600.00 advance amount Gilgallon received on April 10, 2007. a. The additional expenses were for tours of San Francisco and the Folsom Prison Museum. b. MVSD issued General Fund check number 003899 dated August 1, 2007, in the amount of $39.00 payable to John Gilgallon. 56. Gilgallon as an MVSD Board Member participated in the approval of bills that included payments made to vendors and himself for his expenses at the 2007 NSBA Conference in San Francisco, California. Check Payee Number Date of Check Amount Abington Travel Agency 003467 1/2/07 $1,981.33 Abington Travel Agency 00057437 1/26/07 $8,840.07 NSBA 003541 2/12/07 $3,280.00 John Gilgallon 003676 4/10/07 $ 600.00 John Gilgallon 003899 8/1/07 $ 39.00 57. Gilgallon received a private pecuniary benefit of $832.80 when he claimed expenses and received reimbursement as a result of traveling to the 2007 NSBA Conference in San Francisco, California, prior to the actual start of the conference and by claiming personal expenses during other days of the conference. Description Amount Westin St. Francis Hotel (1 night) $420.96 Meal Expenses prior to Conference $126.26 Undocumented Guest Receipt Meal Expenses $246.58 with no date Sightseeing Tours $ 39.00 Total $832.80 THE FOLLOWING FINDINGS RELATE TO MVSD PAYMENT/REIMBURSEMENT FOR EXPENSES OF A PERSONAL NATURE IN ASSOCIATION WITH GILGALLON’S TRAVEL TO THE 2008 NSBA ANNUAL CONVENTION. 58. The NSBA held its 2008 Annual Conference at the Orange County Convention Center (OCCC) in Orlando, Florida, from March 29, 2008, until April 1, 2008. a. The brochure for the conference notes that the conference began on Saturday, March 29, 2008, at 8:00 a.m. and concluded on Tuesday, April 1, 2008, at 11:00 a.m. b. The brochure documents registration, various pre-conference workshops, and “early bird” workshops available on Friday, March 28, 2008. 1. Attendance at various “early bird” and pre-conference workshops required pre-registration and payment of additional fees to attend. 59. At the MVSD Board of Directors Meeting for January 23, 2008, by a unanimous vote Gilgallon, 09-001 Page 13 of 9-0, the Board Members voted to approve MVSD participants to attend the NSBA Conference in Orlando, Florida. a. John Gilgallon was present and participated in the vote to approve MVSD participants to attend. b. The authorized participants included School Board Members, Solicitor, Superintendent, Principals and Business Manager. c. The approved travel dates were from March 28 to April 2, 2008. d. The approved reimbursable expenses included registration, meals, travel and lodging. 60. Gilgallon’s registration for the 2008 NSBA Annual Conference was submitted on- line on January 30, 2008. a. Gilgallon’s registration fee was $850. b. Gilgallon’s registration also included a badge for his wife, Carol Gilgallon. 1. There was no additional fee for the badge for Gilgallon’s wife. 61. Gilgallon’s registration fee was paid from MVSD General Fund check number 004291 on February 7, 2008, in the amount of $6,800.00 payable to the NSBA. a. Check number 004291 in the amount of $6,800.00 included the registration fees of Gilgallon, six additional MVSD Board Members and the Principal ($850 × 8 = $6,800). b. Gilgallon’s signature was listed as one of the authorizing [signatures] on the check. 62. At the direction of the MVSD Board of Directors, MVSD Business Manager Joseph Patchcoski contacted Ann Summa of ATA to make airline reservations for Gilgallon and other Members of the MVSD. a. Gilgallon’s travel itinerary receipt # 041910 dated February 1, 2008, documented the following regarding Gilgallon’s travel to Orlando: Airline Flight No. Date Depart Arrive US Airways 3883S 3/26/08 Scranton/Wlks Phila. 7:40 a.m. 8:29 a.m. US Airways 1019S 3/26/08 Phila. Orlando 9:45 a.m. 12:30 p.m. US Airways 1417G 4/2/08 Orlando Charlotte 5:15 p.m. 6:56 p.m. US Airways 2246G 4/2/08 Charlotte Scran/Wlks 7:40 p.m. 9:17 p.m. b. The cost associated with Gilgallon’s air fare totaled $456.50. c. Gilgallon arrived in Florida nearly 3 full days prior to the start of the conference. 63. MVSD issued General Fund Check Number 004288 dated February 5, 2008, in the amount of $22,191.03 paid to ATA that included Gilgallon’s air fare and lodging as Gilgallon, 09-001 Page 14 well as other MVSD participants’ airfare and hotel costs. 64. On or about March 20, 2008, Gilgallon requested a travel advance for the 2008 NSBA Annual Convention. a. The travel request was completed by Business Manager Joseph Patchcoski on behalf and at the request of Gilgallon. b. The location and date on the travel advance listed Florida from 3/26/08 to 4/2/08. 1. The approved dates of travel from the MVSD Board Meeting of January 23, 2008, that Gilgallon voted on were from March 28, 2008, until April 2, 2008. 2. Gilgallon was seeking expense advancements for at least 2 days not approved by the Board. c. The amount of the travel advance provided to Gilgallon by Business Manager Patchcoski was $750.00. 65. Gilgallon received a travel advance for the 2008 NSBA Annual Conference via MVSD General Fund check number 00058926 dated 3/20/08 in the amount of $750.00. 66. Based on the direction of the MVSD Board of Directors including Gilgallon, Business Manager Joseph Patchcoski was directed to contact ATA and advise ATA to make reservations for Gilgallon and other Board Members of the MVSD at the Hard Rock Hotel. a. The decision to use ATA for travel arrangements had been a standard procedure prior to 2009 by the MVSD Board of Directors. 1. ATA would make hotel reservations based on the desires of the Board or attempt to find the best available room rate. 67. The NSBA Conference brochure provided a listing of 27 hotels with conference rates from which conference attendees could choose that included the Hard Rock Hotel. a. If Gilgallon’s hotel arrangements were handled through the NSBA Housing Bureau, the nightly room rate if available at the Hard Rock Hotel would have been $210 per night. b. Nightly room rates secured by Abington were $359.00 plus $44.88 in taxes. 68. Gilgallon’s hotel folio for the Hard Rock Hotel confirms a check-in-date of March 26, 2008, and a departure date of April 2, 2008. a. No specific check-in or check-out time is noted on the folio. b. Gilgallon was assigned Room Number 6023. c. Gilgallon’s account number was 768089. d. The number in Gilgallon’s party was listed as 2. Gilgallon, 09-001 Page 15 69. Gilgallon’s hotel charges were part of a package deal that included receipt of 7-day complimentary passes for 2 to Universal Orlando Theme Park as a result of his stay lasting more than 3 days. a. The cost for the 7-day unlimited park admittances to Universal Orlando Theme Park was $120.00. 70. Gilgallon’s hotel expenses at the Hard Rock Hotel totaled $2,725.88. a. Each MVSD Board Member’s charges for staying at the Hard Rock Hotel were $2,725.88. b. The charges were part of a package paid by the MVSD totaling $20,570.66. c. MVSD issued General Fund check number 004288 dated February 5, 2008, in the amount of $22,191.03 to ATA, which included payments made to the Hard Rock Hotel for Gilgallon and other MVSD participants’ hotel charges. 71. Gilgallon’s hotel bill at the Hard Rock Hotel included charges for March 26 and 27, 2008, the 2 days prior to the approved travel dates to attend the conference, and a charge for using the Mini Bar at the hotel. Date Expense Amount a. 03/26/08 Self Parking $ 14.00 03/26/08 Parking Tax $ .91 03/26/08 Package Charge Stay-For-Play Free $359.00 03/26/08 Room Tax Stay-For-Play Free $ 44.88 03/27/08 Self Parking $ 14.00 03/27/08 Parking Tax $ .91 03/27/08 Package Charge Stay-For-Play Free $359.00 03/27/08 Room Tax Stay-For-Play Free $ 44.88 03/29/08 Mini Bar-Hard Rock $ 8.25 Total $845.83 72. On March 26, 2008, Gilgallon rented a vehicle from Dollar Rent-A-Car located at Orlando International Airport. a. The vehicle was charged to Gilgallon’s personal credit card. b. The vehicle was picked up by Gilgallon on March 26, 2008, at 1357 Hours (1:57 p.m.) and returned on April 2, 2008, at 2:09 p.m. 1. Gilgallon’s rental included the two days prior to the approved dates to attend the conference by the MVSD Board of Directors. c. Two hundred thirty-nine (239) miles were driven from March 26, 2008, through April 2, 2008. 73. The Hard Rock Hotel is located approximately 15 ½ miles from the Orlando International Airport. a. The Hard Rock Hotel is located approximately 5 miles from the OCCC. Gilgallon, 09-001 Page 16 1. Free shuttle buses traveled from the OCCC to conference hotels including the Hard Rock Hotel continuously throughout the days of the NSBA Conference. b. MVSD Board Members are permitted to rent vehicles at the expense of the School District if the rental is necessary. c. The estimated roundtrip cost between the Hard Rock Hotel and the Orlando International Airport was approximately $65.00. 74. Gilgallon’s primary purpose of renting a vehicle while in Orlando was convenience and travel related to personal purposes, including traveling to the Universal Orlando Theme Park. a. Gilgallon did use the vehicle to travel to and from the airport. 75. Gilgallon’s hotel folio from the Hard Rock for the time period March 28, 2008, to check-out on April 2, 2008, confirmed the following additional expenses: a. Room Rates 3/28/08 $374.00 Tax $ 46.75 Parking $ 14.91 3/29/08 $374.00 Tax $ 46.75 Parking $ 14.91 3/30/08 $319.00 Tax $ 39.88 Parking $ 14.91 3/31/08 $319.00 Tax $ 39.88 Parking $ 14.91 4/1/08 $319.00 Tax $ 39.88 Parking $ 14.91 b. A total of $74.55 was charged to the MVSD for parking of Gilgallon’s rental vehicle from March 28, 2008, to April 1, 2008. 76. Gilgallon submitted an MVSD School Employee Travel Expense Form as in relation to his travel to the 2008 NSBA Annual Conference. 77. As part of Gilgallon’s expense report, Gilgallon submitted expenses totaling $151.00 for parking, tolls, meals and miscellaneous items for reimbursement on March 26 and 27, 2008, prior to the approved dates of travel and unrelated to any conference event. 78. Gilgallon also included generic guest receipt stubs totaling $68.44 which did include vendor identity as part of his expense report for the unapproved travel dates of March 26 and 27, 2008. a. Total expenses on March 26, 2008, and March 27, 2008, unrelated to the Gilgallon, 09-001 Page 17 conference were $219.44. 79. Gilgallon attended the NSBA Conference along with his wife Carol Gilgallon and submitted meal receipts for reimbursement for his wife and him. a. The total for Gilgallon’s meal receipts listed above was $526.36. 1. The cost divided equally between Gilgallon and his wife would have totaled $263.18. 80. Gilgallon also claimed expenses totaling $158.66 at the Velvet, a lounge located at the Hard Rock Hotel as follows: Date Amount Time 3/31/08 $82.69 1:17 a.m. 04/01/08 $75.97 1:24 a.m. a. The expenses were related to entertainment. 81. During the course of the conference, meals were provided by vendors for MVSD participants and their family members. 82. On Friday, March 28, 2008, at 7:00 p.m., while at the NSBA Conference, Gilgallon attended a dinner along with his wife at the Palm Restaurant that was paid for by the firm Nutrition, Inc. a. Also in attendance were six other officials of the MVSD and their family members and Board Members from the Lakeland and Carbondale School Districts of Pennsylvania. b. The cost of the meal including taxes totaled $4,165.41. 83. Gilgallon as an MVSD Board Member participated in the approval of the bills that included payments made to vendors and himself for his expenses at the 2008 NSBA Conference in Orlando, Florida. Payee Check Number Date of Check Amount Abington Travel Agency 004288 2/5/08 $22,191.03 NSBA 004291 2/7/08 $ 6,800.00 John Gilgallon 0058926 3/20/08 $ 750.00 84. Gilgallon claimed expenses and received reimbursement as a result of traveling two days earlier than permitted to the 2008 NSBA Conference in Orlando, Florida, and claiming personal expenses for other days of the conference as follows: DescriptionAmount Hard Rock Hotel (extra night lodging and parking) $845.83 Dollar Rent-A-Car (less $65.00 airport commute) $527.91 Parking 3/28/08 to 4/1/08 $ 74.55 Meal expenses for March 26 and 27, 2008 $219.44 Spousal Expenses $263.18 Velvet Lounge $158.66 Total $2,089.57 85. In or about August 2008, residents of the MVSD questioned expenses incurred and paid by the District for Board Members traveling to Orlando, Florida. Gilgallon, 09-001 Page 18 a. Residents asserted at Board meetings that costs were excessive and included personal expenses. b. Some Board members and Administrators who attended the Orlando conference made reimbursements to the MVSD. 1. Gilgallon did not make any reimbursement. 86. As a result of the concerns raised by residents regarding the MVSD participants who attended the 2008 NSBA Conference, the MVSD Board of Directors approved an NSBA Conference Policy (Policy #004B 2009) that amended travel policies as follows: a. The district office (Superintendent and/or Business Manager) will make all travel arrangements for the NSBA Conference. b. The NSBA Conference will be limited to 3 Board Members and the Superintendent. c. The length of stay for the conference will be four nights/five days, unless the length of the conference changes from its current format. The Superintendent will determine if a change is required. d. The hotel selection will be from the list offered by the NSBA housing (which are all at discounted rates) or if not on the list must be of equal or lesser cost. The district will only reimburse for the room rate for a single. e. In addition, the district will pay for: conference registration, airfare (plus transportation to and from the airport) rental car (if needed-Budget Vehicles only). f. Meal expenses (set limits) – can change depending on conference location. Specific Rates Dinner $50.00 Lunch $25.00 Breakfast $18.00 (No alcohol) g. Advance payments may be made, but a final itemized verified statement of such expenses shall be submitted upon return from such convention and an adjustment shall be made either by refund or by additional payment to meet the verified expenses actually incurred. h. All expenses shall be itemized and made available to the district office to prepare for public inspection at the next succeeding board meeting. 87. Gilgallon realized a private pecuniary gain as a result of submitting expenses, accepting payment by/reimbursement from MVSD 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 2008, 2007 and 2005 NSBA Annual Conferences. III.DISCUSSION: As a Member of the Mid Valley School District (“MVSD” or “School District”) Board of Directors (“Board”) since 1995, President of the Board at various times from 1995 through 2005 and from December 2007 through December 2009, and Vice-President of Gilgallon, 09-001 Page 19 the Board from December 2005 through December 2007, Respondent John Gilgallon (hereinafter also referred to as “Respondent,” “Respondent Gilgallon,” and “Gilgallon”) has been a public official subject to the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq. The allegation is that Respondent Gilgallon violated Section 1103(a) of the Ethics Act when he used the authority of his public position for private pecuniary benefit by incurring expenses of a personal nature for attending National School Board Association (“NSBA”) conferences and subsequently submitting and participating in the approval of expenses of a personal nature to be paid for by the School District. Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a)Conflict of interest.— No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The term "conflict of interest" is defined in the Ethics Act as follows: § 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. § 1102. Section 1103(a) of the Ethics Act prohibits a public official/public employee from using the authority of public office/employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. 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: Gilgallon has served as a Member of the Board since 1995. Gilgallon served as President of the Board at various times from 1995 through 2005 and from December 2007 through December 2009, and as Vice-President of the Board from December 2005 through Gilgallon, 09-001 Page 20 December 2007. The Board consists of nine Members. During the relevant portion of Gilgallon’s service as a Board Member, no Board Member could attend a conference at Board expense without prior Board approval. Expense reimbursement for attendance at NSBA Annual Conferences was limited to necessary expenses actually incurred. Expenses were to be reimbursed only upon presentation of an itemized, verified statement, except that advance payments could be made upon presentation of estimated expenses to be incurred. The “MVSD School Employee Travel Expense Reimbursement Expense Form” was to be completed and signed by each conference participant and the Business Manager. Reimbursements received by Board Members for travel related expenses appeared on monthly bill lists that were reviewed and approved by the Board. Prior to 2009, the MVSD had no written policy regarding the number of days Board Members could arrive in advance of a conference start date. It was generally understood and a past practice that Board Members could travel one day in advance of the start of an out-of-state conference. NSBA Annual Conferences: Individuals desiring to attend an 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 at special conference rates. Board Members interested in attending an NSBA Conference would first vote on the matter at a public meeting. The MVSD Business Manager would then make reservations by contacting the NSBA to register the MVSD participants for the conference. Rather than reserving hotel rooms through the NSBA Housing Bureau, the Business Manger would contact Abington Travel Agency (“ATA”) in Clarks Summit, Pennsylvania, to handle the travel and lodging for all MVSD participants. 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. 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. As an MVSD Board Member, Gilgallon attended NSBA Annual Conferences in 2005, 2007 and 2008. Gilgallon’s spouse accompanied him to the conferences. The 2005 NSBA Annual Conference: The NSBA held its 2005 Annual Conference in San Diego, California. The conference officially began on Saturday, April 16, 2005, and officially concluded on Tuesday, April 19, 2005. At the February 23, 2005, Board meeting, Respondent participated in the unanimous 6-0 vote of the Board to approve MVSD officials and employees to attend the 2005 NSBA Annual Conference. The MVSD did not pay a registration fee for Gilgallon to attend the 2005 NSBA Annual Conference because Gilgallon attended the conference as the guest of another Gilgallon, 09-001 Page 21 School District official. Gilgallon’s travel itinerary provided for travel to the 2005 NSBA Annual Conference in San Diego, California, on April 15, 2005, and return from San Diego to Pennsylvania on April 20, 2005. The MVSD issued General Fund Check Number 002099 dated March 3, 2005, to ATA, as payment for Gilgallon’s airfare. In April 2005, Gilgallon requested and received from the MVSD a travel advance for attendance at the 2005 NSBA Annual Conference. Gilgallon received the travel advance via MVSD General Fund check number 002172 dated April 8, 2005, in the amount of $600.00. While in San Diego for the 2005 NSBA Annual Conference, Gilgallon rented a vehicle from April 15, 2005, at 12:39 p.m. to April 20, 2005, at 9:55 a.m., at a total cost of $414.78. The reservations for the rental vehicle were made by ATA. Gilgallon rented the vehicle primarily for personal purposes. The vehicle was not required as part of any official conference function. The cost for roundtrip shuttle service from the airport to Gilgallon’s hotel was $30.00. Free all-day shuttle service was available between the conference site and conference hotels during the 2005 NSBA Annual Conference. The MVSD issued General Fund Check Number 00055577 dated April 28, 2005, to ATA, as payment for Gilgallon’s vehicle rental. On May 4, 2005, Gilgallon submitted an MVSD School Employee Travel Expense Reimbursement Form claiming expenses as to the 2005 NSBA Annual Conference. Such claimed expenses included costs for meals that were attributable to Gilgallon’s spouse. The MVSD issued to Gilgallon General Fund Check Number 002245 dated May 5, 2005, in the amount of $1,664.21 for Gilgallon’s claimed expenses for the 2005 NSBA Annual Conference less the $600.00 advancement that had been provided to Gilgallon. Gilgallon participated in the Board’s approval of the following payments to ATA and himself for his expenses as to the 2005 NSBA Annual Conference: Name of Check Date Payee Number of Check Amount Abington Travel Agency 000055577 4/28/05 $414.78 John Gilgallon 002172 4/8/05 $600.00 John Gilgallon 002245 5/4/05 $1,664.21 The parties have stipulated that Gilgallon received a private pecuniary benefit in the amount of $703.61 by claiming expenses/receiving reimbursement from the MVSD for the following personal expenses as to the 2005 NSBA Annual Conference: (1) $318.83 for meals for Gilgallon’s spouse; and (2) $414.78 for vehicle rental, less $30.00 credit for shuttle costs that would otherwise have been incurred. The 2007 NSBA Annual Conference: The NSBA held its 2007 Annual Conference at the Moscone Convention Center in San Francisco, California. The conference officially began on Saturday, April 14, 2007, at 8:00 a.m. and officially concluded on Tuesday, April 17, 2007, at 11:00 a.m. At the November 15, 2006, Board meeting, by a unanimous 8-0 vote, the Board approved MVSD officials and employees to attend the 2007 NSBA Annual Conference. Gilgallon was absent from the meeting. Gilgallon’s registration fee for the 2007 NSBA Annual Conference was paid via Gilgallon, 09-001 Page 22 MVSD General Fund check number 003541. Gilgallon’s travel itinerary provided for travel to the 2007 NSBA Annual Conference in San Francisco, California, on April 12, 2007--two days in advance of the conference start date--and return from San Francisco to Pennsylvania on April 18, 2007. The MVSD issued General Fund Check Number 003467 dated January 2, 2007, to ATA, as payment for expenses including Gilgallon’s airfare. The Board including Gilgallon directed MVSD Business Manager Joseph Patchcoski (“Patchcoski”) to contact ATA to make reservations for Gilgallon and other Board Members at the Westin St. Francis Hotel. Gilgallon’s scheduled arrival date was April 12, 2007, two days in advance of the conference start date. Gilgallon’s departure date was Wednesday, April 18, 2007. Gilgallon’s room rate including taxes was $420.96 per night. The MVSD issued General Fund check number 00057437 dated January 26, 2007, to ATA, which included payment for hotel expenses at the Westin St. Francis Hotel for Gilgallon. On or about April 10, 2007, Gilgallon requested and received from the MVSD a travel advance for attendance at the 2007 NSBA Annual Conference. Gilgallon received the travel advance via MVSD General Fund check number 003676 dated April 10, 2007, in the amount of $600.00. Gilgallon traveled to San Francisco, California, on April 12, 2007. Gilgallon’s spouse accompanied him on this trip. Gilgallon submitted an MVSD School Employee Travel Expense Reimbursement Form claiming expenses as to the 2007 NSBA Annual Conference. Such claimed expenses included expenses for the three days prior to the start of the conference, as well as undated generic guest receipt stubs totaling $246.58. On or around July 30, 2007, Gilgallon requested and received from Patchcoski an additional $39.00 in MVSD funds for claimed expenses in excess of the $600 advance payment that Gilgallon had received on April 10, 2007. The additional expenses were for tours of San Francisco and the Folsom Prison Museum. Gilgallon participated in the Board’s approval of the following payments to ATA, NSBA, and himself for his expenses as to the 2007 NSBA Annual Conference: Check Payee Number Date of Check Amount Abington Travel Agency 003467 1/2/07 $1,981.33 Abington Travel Agency 00057437 1/26/07 $8,840.07 NSBA 003541 2/12/07 $3,280.00 John Gilgallon 003676 4/10/07 $ 600.00 John Gilgallon 003899 8/1/07 $ 39.00 The parties have stipulated that Gilgallon received a private pecuniary benefit in the amount of $832.80 by claiming expenses/receiving reimbursement from the MVSD for the following personal expenses as to the 2007 NSBA Annual Conference: (1) $420.96 for one extra night of lodging at the Westin St. Francis Hotel on April 12, 2007; (2) $126.26 for meals prior to the conference; (3) $246.58 for undocumented guest receipt meal expenses with no date; and (4) $39.00 for sightseeing tours. The 2008 NSBA Annual Conference: The NSBA held its 2008 Annual Conference at the Orange County Convention Center (“OCCC”) in Orlando, Florida. The conference officially began on Saturday, March Gilgallon, 09-001 Page 23 29, 2008, at 8:00 a.m. and officially concluded on Tuesday, April 1, 2008, at 11:00 a.m. At the January 23, 2008, Board meeting, Respondent participated in the unanimous 9-0 vote of the Board to approve MVSD officials and employees to attend the 2008 NSBA Annual Conference. Gilgallon’s registration fee for the 2008 NSBA Annual Conference was paid via MVSD General Fund check number 004291. Gilgallon’s signature was listed as one of the authorizing signatures on the check. Gilgallon’s travel itinerary provided for travel to the 2008 NSBA Annual Conference in Orlando, Florida, on March 26, 2008--three days in advance of the conference start date--and return from Orlando to Pennsylvania on April 2, 2008. The Board including Gilgallon directed Patchcoski to advise ATA to make reservations for Gilgallon and other Board Members at the Hard Rock Hotel. The MVSD issued General Fund Check Number 004288 dated February 5, 2008, to ATA as payment for expenses including Gilgallon’s airfare and hotel costs. On or about March 20, 2008, Gilgallon requested and received from the MVSD, through Patchcoski, a travel advance for attendance at the 2008 NSBA Annual Conference. Gilgallon sought expense advancements for at least two days of extra travel not approved by the Board and not related to any conference activity. Gilgallon received the travel advance for the 2008 NSBA Annual Conference via MVSD General Fund check number 00058926 dated March 20, 2008, in the amount of $750.00. Gilgallon traveled to Orlando, Florida, on March 26, 2008. Gilgallon’s spouse accompanied him on this trip. While in Orlando for the 2008 NSBA Annual Conference, Gilgallon rented a vehicle from March 26, 2008, at 1:57 p.m. to April 2, 2008, at 2:09 p.m. Gilgallon rented the vehicle primarily for convenience and personal purposes, including traveling to the Universal Orlando Theme Park. Gilgallon did use the vehicle to travel to and from the airport. Two hundred thirty-nine (239) miles were driven from March 26, 2008, through April 2, 2008. The estimated cost for roundtrip shuttle transportation between the Hard Rock Hotel and the Orlando International Airport was $65.00. Free shuttle busses traveled from the conference site to conference hotels, including the Hard Rock Hotel, continuously throughout the days of the NSBA Conference. Gilgallon checked-in to the Hard Rock Hotel on March 26, 2008, and checked-out on April 2, 2008. Gilgallon’s hotel charges totaled $2,725.88 and reflected a package that included seven-day unlimited admittance passes for two to Universal Orlando Theme Park as a result of staying more than three days. The cost for Gilgallon’s passes to Universal Orlando Theme Park was $120.00. Gilgallon’s hotel bill for March 26 and 27, 2008, included room charges totaling $807.76 and parking charges totaling $29.82. Gilgallon’s hotel bill for March 29, 2008, included a charge of $8.25 for using the Mini Bar. A total of $74.55 was charged to the MVSD for parking of Gilgallon’s rental vehicle from March 28, 2008, to April 1, 2008. Gilgallon submitted an MVSD School Employee Travel Expense Form claiming expenses as to the 2008 NSBA Annual Conference. Such claimed expenses included Gilgallon, 09-001 Page 24 $219.44 for meals and other items on March 26 and 27, 2008, which expenses were unrelated to any conference event. Gilgallon also claimed meal expenses in the amount of $263.18 that were attributable to his spouse, and lounge expenses totaling $158.66. Gilgallon participated in the Board’s approval of the following payments to ATA, NSBA, and himself for his expenses as to the 2008 NSBA Annual Conference: Payee Check Number Date of Check Amount Abington Travel Agency 004288 2/5/08 $22,191.03 NSBA 004291 2/7/08 $ 6,800.00 John Gilgallon 0058926 3/20/08 $ 750.00 The parties have stipulated that Gilgallon claimed expenses/received reimbursement totaling $2,089.57 for the following personal expenses as to the 2008 NSBA Annual Conference: (1) $845.83 for two extra nights of lodging and parking at the Hard Rock Hotel on March 26 and 27, 2008, and for a Mini-Bar charge; (2) $527.91 for vehicle rental (after crediting the $65.00 that otherwise would have been incurred for shuttle service round trip between the airport and hotel); (3) $74.55 for parking from March 28, 2008, to April 1, 2008; (4) $219.44 for meals and other items on March 26 and 27, 2008; (5) $263.18 for Gilgallon’s spouse’s meal expenses; and (6) $158.66 for lounge expenses. The parties have stipulated that Gilgallon realized a private pecuniary benefit as a result of submitting expenses, accepting payment by/reimbursement from MVSD 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 2005, 2007 and 2008 NSBA Annual Conferences. 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 in relation to Gilgallon incurring expenses of a personal nature while attending National School Board Association conferences and subsequently submitting and participating in the approval of said personal expenses to be paid for by the School District. 4. Gilgallon agrees to make payment in the amount of $2,500.00 in settlement of this matter payable to the Mid Valley 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 Commission from initiating appropriate Gilgallon, 09-001 Page 25 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, we agree with the parties that a violation of Section 1103(a) of the Ethics Act occurred in relation to Gilgallon incurring expenses of a personal nature while attending NSBA Annual Conferences and subsequently submitting and participating in the approval of said personal expenses to be paid for by the MVSD. Cf., Jacobs, Order 1554; Karpa, Order 1552; Maritz, Order 1525; Regola, Order 1517; Melenia, Order 1516; Hopkin, Order 1515; Matta, Order 1439; Tancredi, Order 1434; Hoover, Order 1348; Sullivan, Order 1245; Choura, Order 942. Gilgallon used the authority of his public office for a private pecuniary benefit when he submitted expenses, accepted payment by/reimbursement from MVSD for submitted expenses, and voted to approve bill lists on which payments/reimbursements were documented for expenses of a personal nature in association with his attendance at the 2005, 2007 and 2008 NSBA Annual Conferences. Gilgallon received a private pecuniary benefit in the amount of $703.61 by claiming expenses/receiving reimbursement from the MVSD for personal expenses as to the 2005 NSBA Annual Conference. Gilgallon received a private pecuniary benefit in the amount of $832.80 by claiming expenses/receiving reimbursement from the MVSD for personal expenses as to the 2007 NSBA Annual Conference. Gilgallon claimed expenses/received reimbursement totaling $2,089.57 for personal expenses as to the 2008 NSBA Annual Conference. The aforesaid personal expenses included, inter alia, lodging and subsistence for extra days spent at conference sites, unnecessary vehicle rental and parking expenses, meal expenses for Gilgallon’s spouse, and lounge expenses. Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Gilgallon incurring expenses of a personal nature while attending NSBA Annual Conferences and subsequently submitting and participating in the approval of said personal expenses to be paid for by the MVSD. As part of the Consent Agreement, Respondent Gilgallon has agreed to make payment in the amount of $2,500.00 payable to the Mid Valley 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 a 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, Gilgallon is directed to make payment in the amount of $2,500.00 payable to the Mid Valley School District and th 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 Mid Valley School District (“MVSD”) Board of Directors (“Board”) since 1995, President of the Board at various times from 1995 through Gilgallon, 09-001 Page 26 2005 and from December 2007 through December 2009, and Vice-President of the Board from December 2005 through December 2007, Respondent John Gilgallon (“Gilgallon”) has been a public official subject to the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq. 2. Gilgallon violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he incurred expenses of a personal nature while attending National School Board Association Annual Conferences and subsequently submitted and participated in the approval of said personal expenses to be paid for by the MVSD. In Re: John Gilgallon, : File Docket: 09-001 Respondent : Date Decided: 6/22/10 : Date Mailed: 7/9/10 ORDER NO. 1559 1. As a Member of the Mid Valley School District (“MVSD”) Board of Directors, John Gilgallon (“Gilgallon”) violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when he incurred expenses of a personal nature while attending National School Board Association Annual Conferences and subsequently submitted and participated in the approval of said personal expenses to be paid for by the MVSD. 2. Per the Consent Agreement of the parties, Gilgallon is directed to make payment in the amount of $2,500.00 payable to the Mid Valley School District and forwarded to th 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