HomeMy WebLinkAbout1561 Logan
In Re: Thomas Logan, : File Docket: 09-003
Respondent : X-ref: Order No. 1561
: Date Decided: 6/22/10
: Date Mailed: 7/9/10
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Raquel K. Bergen
Nicholas A. Colafella
Mark Volk
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding possible violation(s) of the Public Official and Employee Ethics
Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the
commencement of its investigation, the Investigative Division served upon Respondent
written notice of the specific allegation(s). Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an “Investigative Complaint.” A Stipulation of Findings and a Consent Agreement waiving
an evidentiary hearing were subsequently submitted by the parties to the Commission for
consideration. The Stipulated Findings are set forth as the Findings in this Order. The
Consent Agreement has been approved.
This adjudication of the State Ethics Commission is issued under the Ethics Act and
will be made available as a public document thirty days after the mailing date noted above.
However, reconsideration may be requested. Any reconsideration request must be
received at this Commission within thirty days of the mailing date and must include a
detailed explanation of the reasons as to why reconsideration should be granted in
conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the
finality of this adjudication but will defer its public release pending action on the request by
the Commission.
The files in this case will remain confidential in accordance with the Ethics Act.
Logan, 09-003
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I.ALLEGATION:
That Thomas Logan, a public official/public employee in his capacity as a Member
of the Mid Valley School District Board of Directors, Lackawanna County, violated Section
1103(a) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. § 1103(a), when he used the
authority of his public position for private pecuniary benefit by incurring expenses of a
personal nature for attending National School Board Association conferences and
subsequently submitting and participating in the approval of expenses of a personal nature
to be paid for by the School District.
II.FINDINGS:
1. Thomas Logan served as a Member of the Mid Valley School District (MVSD) Board
of Directors from 2005 through 2009.
a. Logan’s term of office concluded in 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 and abstentions or objections
cast are 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.
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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, Logan was subject to the policies set
forth in the Board Policy/Procedure/Administrative Regulations.
a. As a Member of the Board of Directors, Logan 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.
f. Reimbursement shall be limited to actual expenses incurred, and shall not
Logan, 09-003
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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.
c. Submission of registration information either on-line, via telephone, via
facsimile transmission, or via the United States Postal Service.
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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.
21. Prior to 2009, MVSD had no specific written guidelines on how much a Board
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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. Logan as an MVSD Board Member attended annual NSBA Conferences in 2007
and 2008.
a. Logan’s spouse accompanied him to the conferences.
b. Logan claimed and received expense reimbursements for his spouse from
the MVSD.
c. Logan 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 LOGAN’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.
b. The conference had registration periods, various pre-conference workshops
and “early bird” workshops available on Friday, April 13, 2007.
Logan, 09-003
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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. Logan 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 Logan or at his direction for the 2007 NSBA
Conference.
a. The registration fee to attend the conference was $820.
28. Logan’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 Logan plus three
additional MVSD Board Members. ($820 × 4 = $3,280).
29. On or around November 22, 2006, the MVSD Board of Directors directed MVSD
Business Manager Joseph Patchcoski to contact Ann Summa of ATA to make
airline reservations for Logan and other Members of the MVSD.
a. Logan’s travel itinerary receipt #038112 dated November 22, 2006, as
completed by ATA documented the following:
Airline Flight No. Date Depart Arrive
United 7331Q 4/12/07 Scranton/Wlks Chicago
6:00 a.m. 7:18 a.m.
United 831Q 4/12/07 Chicago San Fran.
8:00 a.m. 10:22 a.m.
United 843W 4/18/07 San Fran. Chicago
12:00 p.m. 6:08 p.m.
United 7252W 4/18/07 Chicago Sranton/Wlks
6:48 p.m. 9:37 p.m.
b. The cost for Logan’s air fare totaled $530.98.
1. The cost of the ticket included an air fare of $495.98 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 Logan’s and other MVSD officials’
airfares.
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31. On or about April 10, 2007, Logan requested and received a travel advance for his
attendance at the 2007 NSBA Annual Conference.
a. The location and date on the travel advance was listed as California, April
14-17, 2007.
b. The amount of the advance provided to Logan by Business Manager
Patchcoski was $600.
32. Logan received the travel advance via MVSD General Fund check number 003677
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 Logan, Business
Manager Joseph Patchcoski was directed to contact ATA and advise it to make
reservations for Logan 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. Logan received confirmation of his lodging at the Westin St. Francis Hotel in San
Francisco, California, on March 6, 2007.
a. Logan’s arrival date was Thursday, April 12, 2007, with a departure date of
Wednesday, April 18, 2007.
1. The dates of the 2007 NSBA Conference in San Francisco were from
April 14-17, 2007.
2. Logan’s scheduled arrival date was one day earlier than generally
accepted practices for MVSD participants attending NSBA
Conferences.
b. Logan’s total charges were listed as $2,525.73.
1. Logan’s room rate including taxes was $420.96 per night ($2,525.73 ÷
6 Nights = $420.96).
c. Logan did not submit a hotel folio or other receipts to document room and
related expenses.
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 Logan’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 Logan,
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Deborah Shevchik, 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. Logan submitted an MVSD School Employee Travel Expense Reimbursement Form
documenting expenses incurred as a result of attending the 2007 NSBA Annual
Conference.
a. Logan did not provide the MVSD with receipts or hotel folio for lodging at the
Westin St. Francis.
38. Logan’s submitted expenses totaled $43.48 for meals and miscellaneous items for
two days prior to the start of the 2007 NSBA Conference.
a. The expenses were unrelated to the conference.
39. Logan attended the 2007 NSBA Conference along with his wife and submitted meal
receipts for reimbursement for his wife and himself.
a. The total for Logan’s meal receipts listed above was $301.34.
1. The meal cost divided equally between Logan and his wife is
$150.67.
40. Logan also submitted receipts for beverages on April 16, 2007, in the amount of
$23.34.
41. On or around May 11, 2007, Logan requested and received another $100.52 from
Business Manager Patchcoski for expenses incurred at the 2007 NSBA Conference
that exceeded the $600 advance payment Logan received on April 10, 2007.
a. The additional expenses were for the meals claimed by Logan for his wife
that totaled $150.67.
42. Logan as an MVSD Board Member participated in the approval of bills that included
payments made to vendors and himself for his expenses at the 2007 NSBA
Conference in San Francisco, California.
Check
Payee Number Date of Check Amount
Abington Travel Agency 003467 1/2/07 $1,981.33
Abington Travel Agency 00057437 1/26/07 $8,840.07
NSBA 003541 2/12/07 $3,280.00
Thomas Logan 003677 4/10/07 $ 600.00
Thomas Logan 003733 5/11/07 $ 100.52
43. Logan received a private pecuniary benefit of $638.45 when he claimed expenses
and received reimbursement as a result of traveling to the 2007 NSBA Conference
in San Francisco, California, prior to the actual start of the conference and by
claiming personal expenses during other days of the conference.
Description Amount
Westin St. Francis Hotel (room expenses for 4/12/07) $420.96
Meal Expenses (spousal and prior to conference) $194.15
Beverage Expenses $ 23.34
Logan, 09-003
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Total $ 638.45
THE FOLLOWING FINDINGS RELATE TO MVSD PAYMENT/REIMBURSEMENT FOR
EXPENSES OF A PERSONAL NATURE IN ASSOCIATION WITH LOGAN’S TRAVEL TO
THE 2008 NSBA ANNUAL CONVENTION.
44. The NSBA held its 2008 Annual Conference at the Orange County Convention
Center (OCCC) in Orlando, Florida, from March 29, 2008, until April 1, 2008.
a. The brochure for the conference notes that the conference began on
Saturday, March 29, 2008, at 8:00 a.m. and concluded on Tuesday, April 1,
2008, at 11:00 a.m.
b. The brochure documents registration, various pre-conference workshops,
and “early bird” workshops available on Friday, March 28, 2008.
1. Attendance at various “early bird” and pre-conference workshops
required pre-registration and payment of additional fees to attend.
45. 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. Thomas Logan 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.
46. Logan’s registration for the 2008 NSBA Annual Conference was submitted on-line
on January 30, 2008.
a. Logan’s registration fee was $850.
47. Logan’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 Logan, six additional MVSD Board Members and the Principal ($850
× 8 = $6,800).
48. At the direction of the MVSD Board of Directors, MVSD Business Manager Joseph
Patchcoski contacted Ann Summa of ATA to make airline reservations for Logan
and other Members of the MVSD.
a. Logan’s travel itinerary receipt # 041911 dated February 1, 2008,
documented the following regarding Logan’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
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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 Logan’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.
49. MVSD issued General Fund Check Number 004288 dated February 5, 2008, in the
amount of $22,191.03 paid to ATA that included Logan’s air fare and lodging as
well as other MVSD participants’ airfare and hotel costs.
50. On or about March 20, 2008, Logan 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 Logan.
b. The location and date on the travel advance listed Florida.
1. The approved dates of travel from the MVSD Board Meeting of
January 23, 2008, that Logan voted on were from March 28, 2008,
until April 2, 2008.
2. Logan was seeking expense advancements for at least 2 days extra
travel not approved by the Board and not related to any conference
activity.
c. The amount of the travel advance provided to Logan by Business Manager
Patchcoski was $750.00.
51. Logan received a travel advance for the 2008 NSBA Annual Conference via MVSD
General Fund check number 00058936 dated 3/20/08 in the amount of $750.00.
52. Based on the direction of the MVSD Board of Directors including Logan, Business
Manager Joseph Patchcoski was directed to contact ATA and advise Abington to
make reservations for Logan 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.
53. 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 Logan’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.
Logan, 09-003
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54. Logan’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. Logan was assigned Room Number 1110.
c. Logan’s account number was 768090.
d. The number in Logan’s party was listed as 2.
1. Logan’s spouse accompanied him on the trip.
55. Logan’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 his stay
lasting more than 3 days.
a. The cost for the 7-day unlimited park admittances to Universal Orlando
Theme Park was $120.00.
56. Logan’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 Logan and other MVSD
participants’ hotel charges.
57. Logan’s hotel bill at the Hard Rock Hotel included charges for March 26 and 27,
2008, the 2 days prior to the start of the conference, which totaled $850.36.
58. The balance of Logan’s hotel folio for the 2008 NSBA Conference reflected a
balance due of $117.47 at the time of checkout.
a. The folio reflected a $2,725.88 credit as of February 18, 2008.
1. The balance due at the time of checkout was for parking of Logan’s
rental vehicle.
59. On March 26, 2008, Logan rented a vehicle from National Car Rental located at
Orlando International Airport.
a. The vehicle was charged to Logan’s personal credit card.
b. The vehicle was picked up by Logan on March 26, 2008, at 1:45 p.m. and
returned on April 2, 2008, at 4:15 p.m.
1. Logan’s rental included two days prior to the approved dates to attend
the conference by the MVSD Board of Directors and prior to the start
of the conference.
c. Total expenses of $269.19 were accrued by Logan for the rental vehicle.
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60. 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 was $65.00.
61. Logan’s primary purpose of renting a vehicle while in Orlando was convenience and
travel related to personal purposes.
62. Logan submitted an MVSD School Employee Travel Expense Form as in relation to
his travel to the 2008 NSBA Annual Conference.
63. As part of Logan’s expense report, Logan submitted expenses totaling $98.42 for
meals and miscellaneous items for reimbursement on March 26 and 27, 2008, prior
to the approved dates of travel and unrelated to any conference event.
64. Logan submitted meal receipts for reimbursement for him and his wife as part of his
expense for attending the 2008 NSBA Conference.
a. The total for Logan’s meal receipts listed above totaled $239.96.
1. The cost divided equally between Logan and his wife would have
totaled $119.98.
65. Logan also submitted meal receipts for reimbursement in which the name, date and
description of charges could not be identified.
a. The total for the meal receipts was $81.51.
1. The cost divided equally between Logan and his wife would have
totaled $40.76.
66. On or around May 11, 2008, Logan requested and received an additional $132.36
from the MVSD for expenses incurred at the 2008 NSBA Conference that exceeded
the $750.00 advance amount Logan received on March 20, 2008.
a. MVSD issued General Fund check number 004475 dated May 5, 2008,
payable to Thomas Logan.
b. The additional expenses were for the meals Logan claimed for his wife and
the cost of the rental car that totaled $429.93.
67. During the course of the conference, meals were provided by vendors for MVSD
participants and their family members.
68. On Friday, March 28, 2008, at 7:00 p.m., while at the NSBA Conference, Logan
attended a dinner along with his wife at the Palm Restaurant that was paid for by
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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.
69. Logan as an MVSD Board Member participated in the approval of the bills that
included payments made to vendors and himself for his expenses at the 2008
NSBA Conference in Orlando, Florida.
Payee Check Number Date of Check Amount
Abington Travel Agency 004288 2/5/08 $22,191.03
NSBA 004291 2/7/08 $ 6,800.00
Thomas Logan 00058936 3/20/08 $ 750.00
Thomas Logan 004475 5/5/08 $ 132.36
70. Logan 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 (Room charges, valet parking) $850.36
National Car Rental ($269.19-$65=$204.10 [sic]) $204.19
($65.00 was cost of shuttle to and from airport)
Meal expenses for March 26 and 27, 2008 $ 98.42
Parking (3/28/08 to 4/1/08 @$14.91/day) $ 74.55
Guest Meal Expenses $160.74
Cost of 7-Day pass to Universal Orlando
Theme Park $120.00
Total $1,508.26
71. 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.
1. Logan did not make any reimbursement.
72. 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.
Logan, 09-003
Page 15
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.
73. Logan realized a private pecuniary benefit as a result of submitting expenses,
accepting payment by/reimbursement from MVSD for submitted expenses, and
voting to approve bill lists on which payments/reimbursements were documented for
expenses of a personal nature in association with his attendance at the 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 December 2009, Respondent Thomas Logan
(hereinafter also referred to as “Respondent,” “Respondent Logan,” and “Logan”) 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 Logan violated Section 1103(a) of the Ethics Act
when he used the authority of his public position for private pecuniary benefit by incurring
expenses of a personal nature for attending National School Board Association (“NSBA”)
conferences and subsequently submitting and participating in the approval of expenses of
a personal nature to be paid for by the School District.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a)Conflict of interest.—
No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
Logan, 09-003
Page 16
§ 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 Logan served as a Member of the Board from 2005 through December
2009. The Board consists of nine Members.
During Logan’s service as a Board Member, no Board Member could attend a
conference at Board expense without prior Board approval. Expense reimbursement for
attendance at NSBA Annual Conferences was limited to necessary expenses actually
incurred. Expenses were to be reimbursed only upon presentation of an itemized, verified
statement, except that advance payments could be made upon presentation of estimated
expenses to be incurred. The “MVSD School Employee Travel Expense Reimbursement
Expense Form” was to be completed and signed by each conference participant and the
Business Manager. Reimbursements received by Board Members for travel related
expenses appeared on monthly bill lists that were reviewed and approved by the Board.
Prior to 2009, the MVSD had no written policy regarding the number of days Board
Members could arrive in advance of a conference start date. It was generally understood
and a past practice that Board Members could travel one day in advance of the start of an
out-of-state conference.
NSBA Annual Conferences:
Individuals desiring to attend an NSBA Annual Conference must pre-register for the
event, which includes payment of a registration fee for the conference and additional
registration fee(s) for any “early bird” workshop(s) the individual plans to attend.
Registration procedures for the conference include reservation of a hotel room through the
NSBA Housing Bureau at special conference rates.
Logan, 09-003
Page 17
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, Logan attended NSBA Annual Conferences in 2007
and 2008. Logan’s spouse accompanied him to the conferences.
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. Logan’s registration fee for the 2007 NSBA Annual
Conference was paid via MVSD General Fund check number 003541.
Logan’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 Logan’s airfare.
The Board including Logan directed MVSD Business Manager Joseph Patchcoski
(“Patchcoski”) to advise ATA to make reservations for Logan and other Board Members at
the Westin St. Francis Hotel. Logan’s scheduled arrival date was April 12, 2007, two days
in advance of the conference start date. Logan’s departure date was Wednesday, April
18, 2007. Logan’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 Logan.
On or about April 10, 2007, Logan requested and received from the MVSD, through
Patchcoski, a travel advance for attendance at the 2007 NSBA Annual Conference. The
location and date listed on the travel advance was California, April 14-17, 2007. Logan
received the travel advance via MVSD General Fund check number 003677 dated April 10,
2007, in the amount of $600.00.
Logan traveled to San Francisco, California, on April 12, 2007. Logan’s spouse
accompanied him on this trip.
Logan submitted an MVSD School Employee Travel Expense Reimbursement Form
claiming expenses as to the 2007 NSBA Annual Conference. Such claimed expenses
included $43.48 for meals and miscellaneous items for two days prior to the start of the
conference, which expenses were unrelated to the conference. Logan also submitted meal
Logan, 09-003
Page 18
expenses in the amount of $150.67 that were attributable to his spouse. Logan submitted
receipts for beverages on April 16, 2007, in the amount of $23.34. On or around May 11,
2007, Logan requested and received from Patchcoski $100.52 in MVSD funds for claimed
expenses in excess of the $600 advance payment that Logan had received on April 10,
2007.
Logan participated in the Board’s approval of the following payments to ATA, NSBA,
and himself for his expenses as to the 2007 NSBA Annual Conference:
Check
Payee Number Date of Check Amount
Abington Travel Agency 003467 1/2/07 $1,981.33
Abington Travel Agency 00057437 1/26/07 $8,840.07
NSBA 003541 2/12/07 $3,280.00
Thomas Logan 003677 4/10/07 $ 600.00
Thomas Logan 003733 5/11/07 $ 100.52
The parties have stipulated that Logan received a private pecuniary benefit in the
amount of $638.45 by claiming expenses/receiving reimbursement from the MVSD for the
following personal expenses as to the 2007 NSBA Annual Conference: (1) $420.96 for
one extra night of lodging at the Westin St. Francis Hotel on April 12, 2007; (2) $194.15 for
meals prior to the conference and for meals for Logan’s spouse; and (3) $23.34 for
beverage expenses.
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. Logan’s registration fee for the 2008 NSBA Annual Conference was
paid via MVSD General Fund check number 004291.
Logan’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 Logan directed Patchcoski to advise ATA to make reservations
for Logan 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 Logan’s airfare and hotel costs.
On or about March 20, 2008, Logan requested and received from the MVSD,
through Patchcoski, a travel advance for attendance at the 2008 NSBA Annual
Conference. Logan sought expense advancements for at least two days of extra travel not
approved by the Board and not related to any conference activity. Logan received the
travel advance for the 2008 NSBA Annual Conference via MVSD General Fund check
number 00058936 dated March 20, 2008, in the amount of $750.00.
Logan traveled to Orlando, Florida, on March 26, 2008. Logan’s spouse
accompanied him on this trip.
While in Orlando for the 2008 NSBA Annual Conference, Logan rented a vehicle
from March 26, 2008, at 1:45 p.m. to April 2, 2008, at 4:15 p.m., at a total cost of $269.19.
Logan, 09-003
Page 19
Logan 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.
Logan checked-in to the Hard Rock Hotel on March 26, 2008, and checked-out on
April 2, 2008. Logan’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 Logan’s passes to Universal
Orlando Theme Park was $120.00. Logan’s room charges for March 26 and 27, 2008,
totaled $850.36. Logan also incurred parking charges at the hotel for his rental vehicle.
Logan submitted an MVSD School Employee Travel Expense Form claiming
expenses as to the 2008 NSBA Annual Conference. Such claimed expenses included
$98.42 for meals and miscellaneous items on March 26 and 27, 2008, which expenses
were unrelated to any conference event. Logan also submitted meal expenses in the
amount of $160.74 that were attributable to his spouse. In May 2008, Logan requested
and received $132.36 from the MVSD for claimed expenses in excess of the $750.00
advance that Logan had received on March 20, 2008. The MVSD issued General Fund
check number 004475 dated May 5, 2008, payable to Thomas Logan.
Logan participated in the Board’s approval of the following payments to ATA, NSBA,
and himself for his expenses as to the 2008 NSBA Annual Conference:
Payee Check Number Date of Check Amount
Abington Travel Agency 004288 2/5/08 $22,191.03
NSBA 004291 2/7/08 $ 6,800.00
Thomas Logan 00058936 3/20/08 $ 750.00
Thomas Logan 004475 5/5/08 $ 132.36
The parties have stipulated that Logan claimed expenses/received reimbursement
totaling $1,508.26 for the following personal expenses as to the 2008 NSBA Annual
Conference: (1) $850.36 for valet parking and for two extra nights of lodging at the Hard
Rock Hotel on March 26 and 27, 2008; (2) $204.19 for vehicle rental ($269.19 minus the
$65.00 that would have been incurred for shuttle service round trip between the airport and
hotel); (3) $98.42 for meals on March 26 and 27, 2008; (4) $74.55 for parking expenses;
(5) $160.74 for Logan’s spouse’s meal expenses; and (6) $120.00 for the cost of passes to
Universal Orlando Theme Park.
The parties have stipulated that Logan realized a private pecuniary benefit as a
result of submitting expenses, accepting payment by/reimbursement from MVSD for
submitted expenses, and voting to approve bill lists on which payments/reimbursements
were documented for expenses of a personal nature in association with his attendance at
the 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:
Logan, 09-003
Page 20
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 Logan 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. Logan agrees to make payment in the amount of $1,978.93 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 Logan 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.
Logan used the authority of his public office for a private pecuniary benefit when he
submitted expenses, accepted payment by/reimbursement from MVSD for submitted
expenses, and voted to approve bill lists on which payments/reimbursements were
documented for expenses of a personal nature in association with his attendance at the
2007 and 2008 NSBA Annual Conferences. Logan received a private pecuniary benefit in
the amount of $638.45 by claiming expenses/receiving reimbursement from the MVSD for
personal expenses as to the 2007 NSBA Annual Conference. Logan claimed
expenses/received reimbursement totaling $1,508.26 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
parking expenses, meal expenses for Logan’s spouse, 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 Logan 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 Logan has agreed to make payment
in the amount of $1,978.93 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.
Logan, 09-003
Page 21
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, Logan is directed to make
payment in the amount of $1,978.93 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 from
2005 through December 2009, Respondent Thomas Logan (“Logan”) 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. Logan violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he
incurred expenses of a personal nature while attending National School Board
Association Annual Conferences and subsequently submitted and participated in
the approval of said personal expenses to be paid for by the MVSD.
In Re: Thomas Logan, : File Docket: 09-003
Respondent : Date Decided: 6/22/10
: Date Mailed: 7/9/10
ORDER NO. 1561
1. As a Member of the Mid Valley School District (“MVSD”) Board of Directors,
Thomas Logan (“Logan”) violated Section 1103(a) of the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when he incurred
expenses of a personal nature while attending National School Board Association
Annual Conferences and subsequently submitted and participated in the approval
of said personal expenses to be paid for by the MVSD.
2. Per the Consent Agreement of the parties, Logan is directed to make payment in
the amount of $1,978.93 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