HomeMy WebLinkAbout1557 Shevchik
In Re: Deborah Shevchik, : File Docket: 09-004
Respondent : X-ref: Order No. 1557
: 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.
Shevchik, 09-004
Page 2
I.ALLEGATION:
That Deborah Shevchik, 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. Deborah Shevchik served as a Member of the Mid Valley School District (MVSD)
Board of Directors from 2005 through 2009.
a. Shevchik served as the Treasurer of the MVSD Board of Directors from
December 2007 through December 2009.
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.
6. Signature authority over MVSD accounts rests with the Board President, Board
Secretary and Board Treasurer.
Shevchik, 09-004
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a. Stamped signatures are used to sign the checks.
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.
8. As a Member of the MVSD Board of Directors, Shevchik was subject to the policies
set forth in the Board Policy/Procedure/Administrative Regulations.
a. As a Member of the Board of Directors, Shevchik 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,
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.
Shevchik, 09-004
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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.
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.
Shevchik, 09-004
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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. 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.
20. The MVSD has annually approved Board Members and District Administrators to
attend NSBA Conferences.
Shevchik, 09-004
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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 2005.
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. Shevchik, as an MVSD Board Member, attended annual NSBA Conferences in
2007 and 2008.
a. Shevchik’s children accompanied her to the conference in 2008.
b. Shevchik claimed and received expense reimbursements for her children
from the MVSD.
c. Shevchik received reimbursement from the MVSD for other personal
expenses.
THE FOLLOWING FINDINGS RELATE TO MVSD PAYMENT/REIMBURSEMENT FOR
EXPENSES OF A PERSONAL NATURE IN ASSOCIATION WITH SHEVCHIK’S TRAVEL
TO THE 2007 NSBA ANNUAL CONVENTION.
25. The NSBA held its Annual Convention at the Moscone Convention Center in San
Francisco, California, from April 14, 2007, until 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.
Shevchik, 09-004
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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.
26. 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. Shevchik was present and participated in the vote to approve MVSD
participants to attend the conference.
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.
d. The approved reimbursable expenses included registration, meals, travel
and lodging.
27. A registration form was completed by Shevchik or at her direction for the 2007
NSBA Conference.
a. The registration fee to attend the conference was $820.
28. Shevchik’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 Shevchik plus three
additional MVSD Board Members ($820 × 4 = $3,280).
29. On or around December 20, 2006, the MVSD Board of Directors directed MVSD
Business Manager Joseph Patchcoski to contact Ann Summa of ATA to make
airline reservations for Shevchik and other Members of the MVSD.
a. Shevchik was issued ticket No. 765848253 on December 20, 2006, by ATA.
1. Shevchik was scheduled to depart on April 12, 2007, on United
Airlines and return on April 18, 2007, on United Airlines.
b. The cost for Shevchik’s air fare totaled $281.45.
1. The cost of the ticket included an air fare of $246.45 and a service
charge of $35.00 for ATA.
30. MVSD issued General Fund Check Number 003467 dated January 2, 2007, in the
amount of $1,981.33 paid to ATA, which included Shevchik’s and other MVSD
officials’ airfares.
31. On or about April 10, 2007, Shevchik requested and received a travel advance for
her attendance at the 2007 NSBA Annual Conference.
a. The location on the travel advance was listed as CA.
Shevchik, 09-004
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b. The amount of the advance provided to Shevchik by Business Manager
Patchcoski was $600.
32. Shevchik received the travel advance via MVSD General Fund check number
003675 dated April 10, 2007, in the amount of $600.00 for the 2007 NSBA
Conference.
33. Based on the direction of the MVSD Board of Directors including Shevchik,
Business Manager Joseph Patchcoski was directed to contact ATA and advise it to
make reservations for Shevchik and other Board Members of the MVSD at the
Westin St. Francis 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. Room reservations were made for Shevchik at the Westin St. Francis Hotel in San
Francisco, California.
a. Shevchik’s arrival date was Thursday, April 12, 2007, with a departure date
of Wednesday, April 18, 2007.
1. The 2007 NSBA Conference dates were from April 14-17, 2007.
2. Shevchik’s scheduled arrival date was one day earlier than generally
accepted practices for MVSD participants attending NSBA
Conferences.
b. Shevchik’s confirmation notice dated March 6, 2007, from the Westin noted
charges of $2,525.73.
1. This included room rate and taxes of $420.96 per night ($2,525.73 ÷ 6
Nights = $420.96).
35. The NSBA Conference brochure provided a listing of 30 hotels with conference
rates from which conference attendees could choose that included the Westin St.
Francis Hotel.
a. If Shevchik’s hotel arrangements were handled through the NSBA Housing
Bureau, the nightly room rate if available at the Westin St. Francis Hotel
would have been $200 per night.
b. Nightly room rates secured by Abington were $369.00 plus $51.96 in taxes.
36. 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 Shevchik,
Thomas Logan, John Gilgallon 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.
37. Shevchik submitted an MVSD School Employee Travel Expense Reimbursement
Form documenting expenses incurred as a result of attending the 2007 NSBA
Shevchik, 09-004
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Annual Conference.
a. Shevchik did not provide the MVSD with receipts or hotel folio for lodging at
the Westin St. Francis.
38. Shevchik submitted expenses totaling $68.97 for reimbursement of meals for
receipts listing the number of guests as 3 and 2 respectively:
a. The cost of the meal for 2/3 for the expense would have totaled $21.41
($32.12 × 2/3 (0.666666) = $21.41).
b. The cost when divided equally between Shevchik and her guest was $18.43
($36.85 ÷ 2 = $18.43).
39. Shevchik submitted guest check receipts from two restaurants with no itemized
billing information other than the name and total cost.
a. The total for the receipts was $118.00.
1. The cost divided equally would have totaled $59.00
($118.00 ÷ 2 = $59.00).
40. Shevchik as an MVSD Board Member participated in the approval of bills that
included payments made to vendors and herself for her 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
Deborah Shevchik 003676 4/10/07 $ 600.00
41. Shevchik received a private pecuniary benefit of $519.80 when she 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 4/12/07) $420.96
Meal Expenses-Guest $ 39.84
Guest Receipt Meal Expenses $ 59.00
Total $ 519.80
THE FOLLOWING FINDINGS RELATE TO MVSD PAYMENT/REIMBURSEMENT FOR
EXPENSES OF A PERSONAL NATURE IN ASSOCIATION WITH SHEVCHIK’S TRAVEL
TO THE 2008 NSBA ANNUAL CONVENTION.
42. 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.
Shevchik, 09-004
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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.
43. At the MVSD Board of Directors Meeting of 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. Deborah Shevchik 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.
44. Shevchik’s registration for the 2008 NSBA Annual Conference was submitted on-
line on January 30, 2008.
a. Shevchik’s registration fee was $850.
45. Shevchik’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 Shevchik, six additional MVSD Board Members and the Principal
($850 × 8 = $6,800).
b. Shevchik’s signature was listed as one of the authorizing [signatures] on the
check.
46. At the direction of the MVSD Board of Directors, MVSD Business Manager Joseph
Patchcoski contacted Ann Summa of ATA to make airline reservations for Shevchik
and other Members of the MVSD.
a. Shevchik’s travel itinerary receipt # 041910 dated February 1, 2008,
documented the following regarding Shevchik’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 Shevchik’s air fare totaled $456.50.
1. The cost of the ticket included an air fare of $416.50 and a service
charge of $40.00 for ATA totaling $456.50.
Shevchik, 09-004
Page 11
47. MVSD issued General Fund Check Number 004288 dated February 5, 2008, in the
amount of $22,191.03 paid to ATA that included Shevchik’s air fare and lodging as
well as other MVSD participants’ airfare and hotel costs.
48. On or about March 20, 2008, Shevchik 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 Shevchik.
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 Shevchik voted on were from March 28, 2008,
until April 2, 2008.
2. Shevchik was seeking expense advancements for at least 2 days not
approved by the Board.
c. The amount of the travel advance provided to Shevchik by Business
Manager Patchcoski was $750.00.
49. Shevchik received a travel advance for the 2008 NSBA Annual Conference via
MVSD General Fund check number 00058962 dated 3/20/08 in the amount of
$750.00.
50. Based on the direction of the MVSD Board of Directors including Shevchik,
Business Manager Joseph Patchcoski was directed to contact ATA and advise
Abington to make reservations for Shevchik 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.
51. 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 Shevchik’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 ATA were $359.00 plus $44.88 in taxes.
52. Shevchik’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. Shevchik was assigned Room Number 1139.
Shevchik, 09-004
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c. Shevchik’s account number was 768089.
d. The number in Shevchik’s party was listed as 3.
1. Shevchik’s two children accompanied her on the trip.
53. Shevchik’s 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 package Shevchik was registered for was Stay-4 Play Free.
b. The cost for the 7-day unlimited park admittances to Universal Orlando
Theme Park was $120.00.
54. Shevchik’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 Abington Travel Agency, which included
payments made to the Hard Rock Hotel for Shevchik and other MVSD
participants’ hotel charges.
55. Shevchik’s hotel bill at the Hard Rock Hotel included room charges for March 26 &
27, 2008, the two (2) days prior to the approved travel dates to attend the
conference, personal expenses for room service and meals, use of the pool and
parking charges for a rental car.
a. Expenses included:
2 Nights Lodging Plus Tax $807.76
Meals $109.89
3/27/08 Expenses $ 19.82
Parking $ 14.91
$952.38
56. Other non-conference related charges billed to Shevchik’s room account totaled
$101.48.
57. On March 27, 2008, Shevchik rented a vehicle from National Car Rental located at
Orlando International Airport.
a. The vehicle was charged to Shevchik’s personal credit card.
b. The vehicle was picked up by Shevchik on March 27, 2008, at 3:31 p.m. and
returned on April 1, 2008, at 7:34 a.m.
1. Shevchik’s rental included one day prior to the approved dates to
attend the conference by the MVSD Board of Directors.
c. One hundred forty-one (141) miles were driven from March 27, 2008,
through April 1, 2008.
Shevchik, 09-004
Page 13
58. 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.
59. Shevchik’s primary purpose of renting a vehicle while in Orlando was convenience
and travel related to personal purposes.
60. Shevchik submitted an MVSD School Employee Travel Expense Form as in relation
to her travel to the 2008 NSBA Annual Conference.
61. Shevchik also included on her expense report a meal expense of $18.05 on March
27, 2008, for prior to the start of the conference.
62. Shevchik also submitted as part of her expense report meal receipts for
reimbursement for her two children and herself while in Florida.
a. The total for Shevchik’s meal receipts listed above was $257.28.
1. The cost of the meals for two (2) of Shevchik’s children based on 2/3
the amount of expenses would have totaled $171.58 ($257.28 × 2/3
(0.66666666) = $171.58).
63. Shevchik also submitted other meal receipts for reimbursement listing 2 guests.
a. The total ($109.87) includes expenses for two persons.
1. Based on ½ of the $109.87, Shevchik’s portion would be $54.94.
64. On or around May 5, 2008, Shevchik requested and received an additional $654.84
from the MVSD for expenses incurred at the 2008 NSBA Conference in excess of
the $750.00 advance amount Shevchik received on March 20, 2008.
a. MVSD issued General Fund check number 004478 dated May 5, 2008,
payable to Deborah Shevchik.
b. The reimbursement received by Shevchik included rental car costs of
$561.25 and parking costs of $89.46 totaling $650.71.
65. During the course of the conference, meals were provided by vendors for MVSD
participants and their family members.
66. On Friday, March 28, 2008, at 7:00 p.m., while at the NSBA Conference, Shevchik
attended a dinner along with her two (2) children at the Palm Restaurant that was
paid for by the firm Nutrition, Inc.
Shevchik, 09-004
Page 14
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.
67. Shevchik 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
Deborah Shevchik 00058962 3/20/08 $ 750.00
Deborah Shevchik 004478 5/5/08 $ 654.84
68. Shevchik 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 (3/26, 3/27, 2008 Room plus tax) $807.76
National Car Rental ($561.25 - $65.00=$496.25) $496.25
($65.00 was the cost of the shuttle to and from the airport)
Parking (3/27 to 4/2/08 $14.91/day) $ 89.46
Meal expenses for March 26 and 27, 2008 $129.71
Guest Meal Expenses $226.52
Cost of 7-Day pass to Universal Orlando
Theme Park $120.00
Total $1,869.70
69. 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
conference made reimbursements to the MVSD.
70. As a result of the expenses that were incurred in 2008 by the MVSD participants
who attended the NSBA Conference, the MVSD Board of Directors approved an
NSBA Conference Policy (Policy #004B 2009) that had the following guidelines:
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
Shevchik, 09-004
Page 15
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.
71. On March 25, 2009, Shevchik made a reimbursement in the amount of $200.00 for
selected expenses she incurred at the 2008 NSBA Conference in Orlando, Florida,
to the MVSD.
a. Shevchik made a payment on March 25, 2009, via Check #547 in the
amount of $200.00 paid to the order of the MVSD.
72. Shevchik 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 her attendance at the 2008 and
2007 NSBA Annual Conferences . . . .
III.DISCUSSION:
As a Member of the Mid Valley School District (“MVSD” or “School District”) Board
of Directors (“Board”) from 2005 through 2009, and as Treasurer of the Board from
December 2007 through December 2009, Respondent Deborah Shevchik (hereinafter also
referred to as “Respondent,” “Respondent Shevchik,” and “Shevchik”) was 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 Shevchik 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
Shevchik, 09-004
Page 16
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:
Respondent Shevchik served as a Member of the Board from 2005 through 2009
and as Board Treasurer from December 2007 through December 2009. The Board
consists of nine Members.
During Shevchik’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
Shevchik, 09-004
Page 17
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, Shevchik attended NSBA Annual Conferences in 2007
and 2008. Shevchik’s children accompanied her to the conference in 2008.
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, Respondent participated in the
unanimous 8-0 vote of the Board to approve MVSD officials and employees to attend the
2007 NSBA Annual Conference. Shevchik’s registration fee for the 2007 NSBA Annual
Conference was paid via MVSD General Fund check number 003541.
Shevchik’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 Shevchik’s airfare.
The Board including Shevchik directed MVSD Business Manager Joseph
Patchcoski (“Patchcoski”) to advise ATA to make reservations for Shevchik and other
Board Members at the Westin St. Francis Hotel. Shevchik’s scheduled arrival date was
April 12, 2007, two days in advance of the conference start date. Shevchik’s departure
date was Wednesday, April 18, 2007. Shevchik’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 Shevchik.
On or about April 10, 2007, Shevchik requested and received from the MVSD,
through Patchcoski, a travel advance for attendance at the 2007 NSBA Annual
Shevchik, 09-004
Page 18
Conference. Shevchik received the travel advance via MVSD General Fund check number
003675 dated April 10, 2007, in the amount of $600.00.
Shevchik traveled to San Francisco, California, on April 12, 2007.
Shevchik submitted an MVSD School Employee Travel Expense Reimbursement
Form claiming expenses as to the 2007 NSBA Annual Conference. Such claimed
expenses included $98.84 for reimbursement of meals for guest(s).
Shevchik participated in the Board’s approval of the following payments to ATA,
NSBA, and herself for her 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
Deborah Shevchik 003676 4/10/07 $ 600.00
The parties have stipulated that Shevchik received a private pecuniary benefit in the
amount of $519.80 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; and (2) $98.84
for meals for Shevchik’s guest(s).
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.
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. Shevchik’s registration fee for the 2008 NSBA Annual Conference
was paid via MVSD General Fund check number 004291. Shevchik’s signature was one
of the authorizing signatures on the check.
Shevchik’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 Shevchik directed Patchcoski to advise ATA to make
reservations for Shevchik 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 Shevchik’s airfare and hotel costs.
On or about March 20, 2008, Shevchik requested and received from the MVSD,
through Patchcoski, a travel advance for attendance at the 2008 NSBA Annual
Conference. Shevchik sought expense advancements for at least two days of extra travel
not approved by the Board. Shevchik received the travel advance for the 2008 NSBA
Annual Conference via MVSD General Fund check number 00058962 dated March 20,
2008, in the amount of $750.00.
Shevchik, 09-004
Page 19
Shevchik traveled to Orlando, Florida, on March 26, 2008. Shevchik’s two children
accompanied her on this trip.
While in Orlando for the 2008 NSBA Annual Conference, Shevchik rented a vehicle
from March 27, 2008, at 3:31 p.m. to April 1, 2008, at 7:34 a.m. Shevchik rented the
vehicle primarily for convenience and personal purposes.
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.
Shevchik checked-in to the Hard Rock Hotel on March 26, 2008, and checked-out
on April 2, 2008. Shevchik’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 Shevchik’s passes to Universal
Orlando Theme Park was $120.00. Shevchik’s room charges for March 26 and 27, 2008,
totaled $807.76. Shevchik also incurred parking charges at the hotel for her rental vehicle.
Shevchik submitted an MVSD School Employee Travel Expense Form claiming
expenses as to the 2008 NSBA Annual Conference. Such claimed expenses included
$129.71 for meals on March 26 and 27, 2008, which expenses were unrelated to any
conference event. Shevchik also submitted meal expenses in the amount of $226.52 that
were attributable to her guests.
In May 2008, Shevchik requested and received $654.84 from the MVSD for claimed
expenses in excess of the $750.00 advance that Shevchik had received on March 20,
2008. The MVSD issued General Fund check number 004478 dated May 5, 2008, payable
to Deborah Shevchik. The reimbursement received by Shevchik included rental car costs
of $561.25 and parking costs of $89.46 totaling $650.71.
Shevchik 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
Deborah Shevchik 00058962 3/20/08 $ 750.00
Deborah Shevchik 004478 5/5/08 $ 654.84
The parties have stipulated that Shevchik claimed expenses/received
reimbursement totaling $1,869.70 for the following personal expenses as to the 2008
NSBA Annual Conference: (1) $807.76 for two extra nights of lodging at the Hard Rock
Hotel on March 26 and 27, 2008; (2) $496.25 for vehicle rental ($561.25 minus the $65.00
that would have been incurred for shuttle service round trip between the airport and hotel);
(3) $129.71 for meals on March 26 and 27, 2008; (4) $89.46 for parking expenses; (5)
$226.52 for Shevchik’s guests’ meal expenses; and (6) $120.00 for the cost of passes to
Universal Orlando Theme Park.
On March 25, 2009, Shevchik made a reimbursement in the amount of $200.00 to
the MVSD for selected expenses she incurred at the 2008 NSBA Annual Conference in
Orlando, Florida.
The parties have stipulated that Shevchik 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
Shevchik, 09-004
Page 20
were documented for expenses of a personal nature in association with her attendance at
the 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 Shevchik
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. Shevchik agrees to make payment in the amount of $1,600.00
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
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 Shevchik 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.
Shevchik 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
2007 and 2008 NSBA Annual Conferences. Shevchik received a private pecuniary benefit
in the amount of $519.80 by claiming expenses/receiving reimbursement from the MVSD
for personal expenses as to the 2007 NSBA Annual Conference. Shevchik claimed
expenses/received reimbursement totaling $1,869.70 for personal expenses as to the 2008
NSBA Annual Conference. The aforesaid personal expenses included lodging and
subsistence for extra days spent at conference sites, unnecessary vehicle rental and
Shevchik, 09-004
Page 21
parking expenses, meal expenses for Shevchik’s guests, 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 Shevchik 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 Shevchik has agreed to make
payment in the amount of $1,600.00 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, Shevchik is directed to
make payment in the amount of $1,600.00 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”) from 2005 through 2009, and as Treasurer of the Board from December
2007 through December 2009, Respondent Deborah Shevchik (“Shevchik”) was 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. Shevchik violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when
she 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: Deborah Shevchik, : File Docket: 09-004
Respondent : Date Decided: 6/22/10
: Date Mailed: 7/9/10
ORDER NO. 1557
1. As a Member of the Mid Valley School District (“MVSD”) Board of Directors,
Deborah Shevchik (“Shevchik”) 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 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, Shevchik is directed to make payment in
the amount of $1,600.00 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