HomeMy WebLinkAbout1558 Rovinsky
In Re: Lisa Rovinsky, : File Docket: 09-002
Respondent : X-ref: Order No. 1558
: 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 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.
Rovinsky, 09-002
Page 2
I.ALLEGATION:
That Lisa Rovinsky, a public official/public employee in her 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 she used the
authority of her 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. Lisa Rovinsky has served as a Member of the Mid Valley School District (MVSD)
Board of Directors since 2003.
a. Rovinsky served as Vice-President of the Board from December 2007
through December 2009.
b. Rovinsky served as the Treasurer of the Board from December 2005 through
December 2007.
2. 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.
3. 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.
4. 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.
5. The bills referred for payment are voted on one 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.
Rovinsky, 09-002
Page 3
6. Signature authority over MVSD accounts rests with the Board President, Board
Secretary and Board Treasurer.
a. Stamped signatures are used to sign the checks.
b. As Board Treasurer from December 2005 through December 2007,
[Rovinsky] signed checks issued by MVSD.
7. 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. Rovinsky participated in the vote to approve the district’s revised
policy.
8. As a Member of the MVSD Board of Directors, Rovinsky is subject to the policies
set forth in the Board Policy/Procedure/Administrative Regulations.
a. As a Member of the Board of Directors, Rovinsky was advised on the
policies and procedures of the MVSD.
9. 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.
10. 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.
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,
Rovinsky, 09-002
Page 4
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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
1. Instructions document that all participants, speakers, spouses and
children must be registered.
Rovinsky, 09-002
Page 5
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.
16. 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.
17. 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.
18. 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.
19. The MVSD has annually approved Board Members and District Administrators to
attend NSBA Conferences.
20. 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.
Rovinsky, 09-002
Page 6
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.
21. 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 would receive an advance payment of anywhere from $600
to $750.
1. The only requirement was that they were to save all their receipts
upon returning from the Conference and give them to the Business
Manager.
22. 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.
23. MVSD participants interested in attending an NSBA Conference would notify the
Business Manager who would 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 since approximately 1998.
c. An MVSD School Employee Travel Expense Reimbursement Expense Form
would be filled out and signed by each MVSD participant and the Business
Manager.
24. Rovinsky as an MVSD Board Member attended the NSBA Conference in 2008.
a. Rovinsky’s spouse and son accompanied her on the trip.
b. Rovinsky claimed and received expense reimbursements for her family
members from the MVSD.
c. Rovinsky received reimbursement from the MVSD for other personal
expenses.
25. 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
Rovinsky, 09-002
Page 7
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.
26. At the MVSD Board of Directors Meeting for January 23, 2008, by a unanimous vote
of 9-0 the Board Members voted to approve MVSD participants to attend the NSBA
Conference in Orlando, Florida.
a. Lisa Rovinsky 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.
27. Rovinsky’s registration for the 2008 NSBA Annual Conference was submitted on-
line on January 30, 2008.
a. Rovinsky’s registration fee was $850.
b. Rovinsky’s registration also included a badge for her husband, Joseph
Rovinsky, and her son, Stephen Rovinsky.
1. There was no additional fee for the badges for Rovinsky’s husband
and son.
28. Rovinsky’s registration fee was paid from MVSD General Fund check number
004291 on February 7, 2008, payable to the NSBA.
a. Check number 004291 in the amount of $6,800.00 included the registration
fees of Rovinsky, six additional MVSD Board Members and the Principal
($850 × 8 = $6,800).
b. Rovinsky’s signature was listed as one of the authorizing [signatures] on the
check.
29. At the direction of the MVSD Board of Directors, MVSD Business Manager Joseph
Patchcoski contacted Ann Summa of ATA to make airline reservations for Rovinsky
and other Members of the MVSD.
a. Rovinsky’s travel itinerary receipt # 041919 dated February 1, 2008,
documented the following regarding Rovinsky’s travel to Orlando:
Airline Flight No. Date Depart Arrive
Delta 4766Q 3/27/08 Scranton/Wlks Atlanta
7:15 a.m. 9:38 a.m.
Delta 1871Q 3/27/08 Atlanta Orlando
10:20 a.m. 11:53 a.m.
Rovinsky, 09-002
Page 8
Delta 176K 4/1/08 Orlando Atlanta
5:00 p.m. 6:37 p.m.
Delta 2246G 4/1/08 Atlanta Scran/Wlks
8:15 p.m. 10:27 p.m.
b. The cost associated with Rovinsky’s airfare totaled $498.00.
1. The cost of the ticket included an airfare of $458.00 and a service
charge of $40.00 for ATA totaling $498.00.
c. Rovinsky arrived in Orlando, Florida, nearly 1 full day prior to the start of the
conference.
30. MVSD issued General Fund Check Number 004288 dated February 5, 2008, in the
amount of $22,191.03 paid to ATA that included Rovinsky’s air fare and lodging as
well as other MVSD participants’ airfare and hotel costs.
31. On or about March 20, 2008, Rovinsky 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 Rovinsky.
b. The location on the travel advance was listed as Florida.
1. The approved dates of travel from the MVSD Board Meeting of
January 23, 2008, that Rovinsky voted on were from March 28, 2008,
until April 2, 2008.
2. Rovinsky was seeking expense advancements for at least 1 day not
approved by the Board.
c. The amount of the travel advance provided to Rovinsky by Business
Manager Patchcoski was $750.00.
32. Rovinsky received a travel advance for the 2008 NSBA Annual Conference via
MVSD General Fund check number 00058956 dated 3/20/08 in the amount of
$750.00.
33. Based on the direction of the MVSD Board of Directors including Rovinsky,
Business Manager Joseph Patchcoski was directed to contact ATA and advise ATA
to make reservations for Rovinsky 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.
34. 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 Rovinsky’s hotel arrangements were handled through the NSBA Housing
Bureau, the nightly room rate if available at the Hard Rock Hotel would have
Rovinsky, 09-002
Page 9
been $210 per night.
b. Nightly room rates secured by Abington were $359.00 plus $44.88 in taxes.
35. Rovinsky’s hotel folio for the Hard Rock Hotel confirms a check-in-date of March 27,
2008, and a departure date of April 1, 2008.
a. No specific check-in or check-out time is noted on the folio.
b. Rovinsky was assigned Room Number 1150.
c. Rovinsky’s account number was 768085.
d. The number in Rovinsky’s party was listed as 2.
36. Rovinsky’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 her stay
lasting more than 3 days.
a. The cost for the 7-day unlimited park admittances to Universal Orlando
Theme Park was $120.00.
37. Rovinsky’s hotel expenses at the Hard Rock Hotel totaled $1,963.13.
a. The charges were part of a package paid by the MVSD totaling $20,570.66.
b. 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 Rovinsky and other MVSD participants’ hotel charges.
38. Rovinsky’s hotel bill at the Hard Rock Hotel included charges for March 27, 2008,
one (1) day prior to the approved travel dates to attend the conference, totaling
$418.79.
a. Additional parking was charged to Rovinsky’s room totaling $59.64 for March
28, 2008, through March 31, 2008.
1. 4 days @ $14.91 per day.
39. On March 27, 2008, Rovinsky rented a vehicle from National Car Rental located at
Orlando International Airport.
a. The vehicle was charged to Rovinsky’s personal credit card.
b. The vehicle was picked up by Rovinsky on March 27, 2008, at 12:44 p.m.
and returned on April 1, 2008, at 3:40 p.m.
1. Rovinsky’s rental included one (1) day prior to the approved dates to
attend the conference by the MVSD Board of Directors.
c. Two hundred thirty-one (231) miles were driven from March 27, 2008,
through April 1, 2008.
d. A total of $257.39 was claimed in association with Rovinsky’s rental vehicle
for the NSBA Conference.
Rovinsky, 09-002
Page 10
40. 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.
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 would have been $65.00.
41. Rovinsky’s primary purpose of renting a vehicle while in Orlando was convenience
and travel related to personal purposes.
42. Rovinsky submitted an MVSD School Employee Travel Expense Form as in relation
to her travel to the 2008 NSBA Annual Conference.
43. As part of Rovinsky’s expense report, Rovinsky submitted expenses totaling
$155.04 for meals and miscellaneous items for reimbursement on March 27, 2008,
prior to the approved dates of travel and unrelated to any conference event.
44. Rovinsky submitted additional expenses for reimbursement at the NSBA
Conference that were personal and unrelated to the conference.
a. Total personal and unrelated conference expenses totaled $432.68.
b. Convention Planning Services is a destination management company and
the expenses incurred were for sightseeing tours.
45. On April 1, 2008, Rovinsky was scheduled to return from the NSBA Conference by
flying from Orlando to Atlanta and then to Scranton on Delta Airlines Flight #
2246G.
a. The flight to Scranton was delayed.
46. Rovinsky opted not to wait for the rescheduled flight and took a flight from Atlanta to
Newark, NJ, and then rented a vehicle at the Newark International Airport to return
to Scranton.
a. Rovinsky did not check with the Business Manager to determine if this was
an allowable expense.
b. On April 2, 2008, Rovinsky rented a vehicle from Avis Rent-A-Car at the
Newark International Airport.
1. The vehicle was charged to Rovinsky’s personal credit card.
c. The vehicle was picked up by Rovinsky on April 2, 2008, at 12:20 p.m. and
returned to Scranton at 2:45 p.m.
d. One hundred fifty-eight (158) miles were driven on the vehicle.
47. On the rental car receipt, Rovinsky wrote a note to Business Manager Joseph
Rovinsky, 09-002
Page 11
Patchcoski that stated as follows:
Joe,
Had to fly to Newark or be stuck for 2 more days in Atlanta. Needed to rent
car to get home.
Lisa
48. On or around May 5, 2008, Rovinsky requested and received an additional $649.09
from Business Manager Patchcoski for expenses incurred at the 2008 NSBA
Conference that exceeded the $750.00 advance amount Rovinsky received on
March 20, 2008.
a. MVSD issued General Fund check number 004477 dated May 5, 2008, in
the amount of $649.09 payable to Lisa Rovinsky.
b. The expenses included sightseeing tours, tickets to Universal Orlando
Theme Park and the cost of a rental car to travel from Newark International
Airport to Scranton.
49. During the course of the conference, vendors provided meals for MVSD participants
and their family members.
50. On Friday, March 28, 2008, at 7:00 p.m., while at the NSBA Conference, Rovinsky
attended a dinner along with her husband and son at the Palm Restaurant that was
paid 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.
51. Rovinsky as an MVSD Board Member participated in the approval of the bills that
included payments made to vendors and herself for her 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
Lisa Rovinsky 0058956 3/20/08 $ 750.00
Lisa Rovinsky 004477 5/5/08 $ 649.09
52. Rovinsky claimed expenses and received reimbursement as a result of traveling
one day earlier than permitted to the 2008 NSBA Conference in Orlando, Florida,
and claiming personal expenses for other days of the conference, totaling
approximately $1,258.58.
53. In or about August 2008, residents of the MVSD questioned expenses incurred and
paid by the District for Board Members traveling to Orlando, Florida.
a. Residents asserted at Board meetings that costs were excessive and
included personal expenses.
b. Some Board members and Administrators who attended the Orlando
Rovinsky, 09-002
Page 12
conference made reimbursements to the MVSD.
54. As a result of the concerns raised by residents regarding the MVSD participants
who attended the 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.
55. On March 10, 2009, Lisa Rovinsky made a reimbursement in the amount of $550.27
for selected expenses she incurred at the 2008 NSBA Conference in Orlando,
Florida, to the MVSD.
a. A payment was made by Rovinsky on March 10, 2009, via Postal Money
Order # 16305735420 paid to the order of the MVSD in the amount of
$550.27.
56. Rovinsky 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 her attendance at the 2008 NSBA
Annual Conference.
III.DISCUSSION:
Rovinsky, 09-002
Page 13
As a Member of the Mid Valley School District (“MVSD” or “School District”) Board
of Directors (“Board”) since 2003, Treasurer of the Board from December 2005 through
December 2007, and Vice-President of the Board from December 2007 through December
2009, Respondent Lisa Rovinsky (hereinafter also referred to as “Respondent,”
“Respondent Rovinsky,” and “Rovinsky”) 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 Rovinsky violated Section 1103(a) of the Ethics
Act when she used the authority of her 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:
Rovinsky, 09-002
Page 14
Respondent Rovinsky has served as a Member of the Board since 2003. Rovinsky
served as Board Treasurer from December 2005 through December 2007 and as Vice-
President of the Board from December 2007 through December 2009. The Board consists
of nine Members.
During Rovinsky’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.
Signature authority over MVSD accounts rests with the Board President, Board
Secretary and Board Treasurer. Stamped signatures are used to sign the checks.
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, Rovinsky attended the NSBA Annual Conference in
2008.
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
29, 2008, at 8:00 a.m. and officially concluded on Tuesday, April 1, 2008, at 11:00 a.m.
Rovinsky, 09-002
Page 15
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. Rovinsky’s registration fee for the 2008 NSBA Annual Conference
was paid via MVSD General Fund check number 004291. Rovinsky’s signature was one
of the authorizing signatures on the check.
Rovinsky’s travel itinerary provided for travel to the 2008 NSBA Annual Conference
in Orlando, Florida, on March 27, 2008--two days in advance of the conference start date--
and return from Orlando to Pennsylvania on April 1, 2008.
The Board including Rovinsky directed MVSD Business Manager Joseph
Patchcoski (“Patchcoski”) to advise ATA to make reservations for Rovinsky 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 Rovinsky’s
airfare and hotel costs.
On or about March 20, 2008, Rovinsky requested and received from the MVSD,
through Patchcoski, a travel advance for attendance at the 2008 NSBA Annual
Conference. Rovinsky sought expense advancements for at least one day of extra travel
not approved by the Board. Rovinsky received the travel advance for the 2008 NSBA
Annual Conference via MVSD General Fund check number 00058956 dated March 20,
2008, in the amount of $750.00.
Rovinsky traveled to Orlando, Florida, on March 27, 2008. Rovinsky’s spouse and
son accompanied her on this trip.
While in Orlando for the 2008 NSBA Annual Conference, Rovinsky rented a vehicle
from March 27, 2008, at 12:44 p.m. to April 1, 2008, at 3:40 p.m., at a total cost of $257.39.
Rovinsky rented the vehicle primarily for convenience and personal purposes.
The estimated cost for roundtrip 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.
Rovinsky checked-in to the Hard Rock Hotel on March 27, 2008, and checked-out
on April 1, 2008. Rovinsky’s hotel charges at the Hard Rock Hotel totaled $1,963.13 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
Rovinsky’s passes to Universal Orlando Theme Park was $120.00. Rovinsky’s room
charge for March 27, 2008, totaled $418.79. Rovinsky also incurred parking charges
totaling $59.64 at the hotel for her rental vehicle.
On April 1, 2008, Rovinsky was scheduled to return from the 2008 NSBA Annual
Conference by flying from Orlando to Atlanta and then to Scranton on Delta Airlines Flight
# 2246G. The flight to Scranton was delayed.
Rovinsky opted not to wait for the rescheduled flight and took a flight from Atlanta to
Newark, New Jersey, and then rented a vehicle at the Newark International Airport to
return to Scranton. Rovinsky did not check with the MVSD Business Manager to
determine if this was an allowable expense.
Rovinsky submitted an MVSD School Employee Travel Expense Form claiming
expenses as to the 2008 NSBA Annual Conference. Such claimed expenses included
$155.04 for meals and miscellaneous items on March 27, 2008, which expenses were
unrelated to any conference event. Rovinsky submitted additional expenses for
Rovinsky, 09-002
Page 16
reimbursement at the NSBA Conference that were personal and unrelated to the
conference.
In May 2008, Rovinsky requested and received $649.09 from the MVSD for claimed
expenses in excess of the $750.00 advance that Rovinsky had received on March 20,
2008. The MVSD issued General Fund check number 004477 dated May 5, 2008, payable
to Lisa Rovinsky. The reimbursement received by Rovinsky included, inter alia, the
expenses of sightseeing tours.
Rovinsky participated in the Board’s approval of the following payments to ATA,
NSBA, and herself for her 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
Lisa Rovinsky 0058956 3/20/08 $ 750.00
Lisa Rovinsky 004477 5/5/08 $ 649.09
The parties have stipulated that Rovinsky claimed expenses/received
reimbursement totaling approximately $1,258.58 for personal expenses as to the 2008
NSBA Annual Conference.
On March 10, 2009, Rovinsky made a reimbursement in the amount of $550.27 to
the MVSD for selected expenses she incurred at the 2008 NSBA Annual Conference in
Orlando, Florida.
The parties have stipulated that Rovinsky 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 her attendance at
the 2008 NSBA Annual Conference.
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 Rovinsky
incurring expenses of a personal nature while
attending a National School Board Association
conference and subsequently submitting and
participating in the approval of said personal
expenses to be paid for by the School District.
4. Rovinsky agrees to make payment in the amount of $708.31 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
Rovinsky, 09-002
Page 17
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other
authority to take action in this matter. Such, however, does
not prohibit the Commission from initiating appropriate
enforcement actions in the event of Respondent's failure to
comply with this agreement or the Commission's order or
cooperating with any other authority who may so choose to
review this matter further.
Consent Agreement, at 1-2.
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 Rovinsky incurring expenses of a
personal nature while attending the 2008 NSBA Annual Conference 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.
Rovinsky used the authority of her public office for a private pecuniary benefit when
she 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 her attendance at the
2008 NSBA Annual Conference. Rovinsky received a private pecuniary benefit in the
amount of approximately $1,258.58 by claiming expenses/receiving reimbursement from
the MVSD for personal expenses as to the 2008 NSBA Annual Conference. The aforesaid
personal expenses included lodging and subsistence for one extra day spent at the
conference site, unnecessary vehicle rental and parking expenses, sightseeing expenses,
and the cost of passes to Universal Orlando Theme Park.
Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S.
§ 1103(a), occurred in relation to Rovinsky incurring expenses of a personal nature while
attending the 2008 NSBA Annual Conference and subsequently submitting and
participating in the approval of said personal expenses to be paid for by the MVSD.
Rovinsky previously submitted to the MVSD a reimbursement in the amount of
$550.27 for some of the expenses she incurred at the 2008 NSBA Annual Conference. As
part of the Consent Agreement, Respondent Rovinsky has agreed to make payment in the
amount of $708.31 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, Rovinsky is directed to
make payment in the amount of $708.31 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:
Rovinsky, 09-002
Page 18
1. As a Member of the Mid Valley School District (“MVSD”) Board of Directors
(“Board”) since 2003, Treasurer of the Board from December 2005 through
December 2007, and Vice-President of the Board from December 2007 through
December 2009, Respondent Lisa Rovinsky (“Rovinsky”) 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. Rovinsky violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when
she incurred expenses of a personal nature while attending the 2008 National
School Board Association Annual Conference and subsequently submitted and
participated in the approval of said personal expenses to be paid for by the MVSD.
In Re: Lisa Rovinsky, : File Docket: 09-002
Respondent : Date Decided: 6/22/10
: Date Mailed: 7/9/10
ORDER NO. 1558
1. As a Member of the Mid Valley School District (“MVSD”) Board of Directors, Lisa
Rovinsky (“Rovinsky”) violated Section 1103(a) of the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when she incurred expenses of a
personal nature while attending the 2008 National School Board Association
Annual Conference 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, Rovinsky is directed to make payment in
the amount of $708.31 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