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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