HomeMy WebLinkAbout1589 Graham
In Re: Dr. Albert Graham, : File Docket: 10-025
Respondent : X-ref: Order No. 1589
: Date Decided: 9/27/11
: Date Mailed: 10/4/11
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.” An Answer was filed and a hearing was requested. 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.
I.ALLEGATIONS:
That Albert Graham, a public official/public employee in his capacity as a Member of
the West Mifflin Area School District Board of Directors, Allegheny County, violated
Sections 1103(a) and 1105(b) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§
1103(a) and 1105(b), when he used the authority of his public position for private
pecuniary benefit by directing and/or participating in actions of the School District, that
School District employees and/or materials, supplies and equipment be utilized to perform
services of a personal nature for him; when he failed to disclose on Statements of
Financial Interests filed for the 2006 and 2008 calendar years, his financial interests in
Allegheny Chiropractic Inc., a legal entity in business for profit; and when he failed to
disclose on his Statement of Financial Interests filed for the 2009 calendar year his office,
directorship or employment and financial interests in Allegheny Chiropractic.
II.FINDINGS:
1. Albert Graham has served continuously as a member of the West Mifflin Area
School District (hereafter “WMASD”) Allegheny County Board of Directors from
December 4, 2007, through the present.
a. Graham served as the Vice-President of the Board from December 2, 2008,
until December 8, 2009.
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2. Graham is employed as a licensed chiropractor in his professional capacity.
a. Graham owns and operates a chiropractic practice under the name of
Allegheny Chiropractic, Inc., located at 3000 Lebanon Church Road, Suite
#107, West Mifflin, PA 15122.
1. Graham has rented office space within the West Mifflin Borough
Building for his practice since January 1, 2008.
b. Graham’s office is located in the same building as are the District
administrative offices.
3. WMASD is governed by a nine Member Board of Directors.
a. WMASD currently holds workshop meetings and legislative meetings on the
second and third Thursday of each month respectively.
b. Special meetings are held as necessary.
4. Voting at WMASD meetings routinely occurs via individual roll call vote.
a. Any abstentions cast by Board Members during roll call votes are specifically
noted in the minutes.
1. WMASD requires the completion of a disclosure form identifying the
reason for the abstention.
2. The disclosure form is attached as part of the official meeting
minutes.
b. Minutes of all meetings held are approved for accuracy by the Board at
subsequent Board meetings.
5. The WMASD Board of Directors receives informational packets the Tuesday prior to
the monthly workshop meeting, which include the agenda for the upcoming
legislative meeting, a copy of the prior month’s meeting minutes, a register of bills
to be paid, informational items, etc.
6. The WMASD bill listing presented for approval at the legislative meeting is
composed of bills received by the District between the time frame of the prior
month’s workshop meeting and the current month’s workshop meeting.
a. Bills received after the monthly workshop meeting but prior to the legislative
meeting are normally documented on the listing of bills to be approved the
following month.
7. WMASD maintains and utilizes a policy manual in association with the day-to-day
operation of the District.
a. The existing WMASD policy manual is maintained and updated with the
assistance of the Pennsylvania School Boards Association (“PSBA”).
8. Effective January 19, 2006, the WMASD Board of Directors adopted the PSBA
Standards for Effective School Governance and Code of Conduct for Members of
Pennsylvania School Boards.
a. The PSBA Code of Conduct specifically acknowledges, among other
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considerations, that Board Members will not use their positions as School
Directors to benefit themselves or any individual or agency.
9. As a Member of the WMASD Board of Directors, Graham is aware of and subject to
the policies set forth in the WMASD policy manual.
a. Graham was issued and/or had access to a WMASD policy manual in his
position as a Member of the Board of Directors.
10. District Policy No. 011 of the “Local Board Procedures” section of the manual,
adopted on January 19, 2006, titled “Board Governance Standards/Code of
Conduct,” mandates, in part, the following:
a. Subsection 2(b) of Policy No. 011 addresses specific ideals and guidelines
regarding the behavior, authority, and actions of School Board Members
including, in part, Subsection 2(b)(6).
1. Subsection 2(b)(6) mandates that Board Members will not use their
positions as School Directors to benefit themselves or any individual
or agency.
b. Section 2 of Policy No. 011 is a mirror representation of the PSBA Code of
Conduct for School Board Members.
11. District Policy No. 708 of the “Property” section of the manual, adopted in
September 1992, titled “Lending of School Owned Equipment and Books,”
mandates, in part, the following:
a. Items of District owned equipment shall not be loaned for non-school use off
school property with limited exceptions, including, in part, the following:
1. Use of specific items of equipment may be granted on the written
request of the intended user and approval by the Superintendent only
when such equipment is unobtainable elsewhere.
2. School equipment may be removed from school property by students
or staff members only when such equipment is necessary to
accomplish tasks arising from their school or job responsibilities with
the prior approval of the principal for the removal.
b. Removal of school equipment from school property for personal use is
prohibited by staff or students.
12. WMASD maintains a Buildings and Grounds Department to address all facility
maintenance and custodial issues within the District.
a. Sandra Wells is the current Director of Buildings and Grounds and has
served as such since approximately September 14, 2009.
b. Wells served as the Interim (a/k/a Acting) Director of Buildings and Grounds
from approximately August 17, 2006, to September 14, 2009.
13. As the Interim Director of Buildings and Grounds/Director of Buildings and Grounds,
Wells maintained a private office in the current WMASD administrative offices.
a. WMASD has rented office space at the West Mifflin Borough Building
located at 3000 Lebanon Church Road, Pittsburgh, PA 15122 since at least
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the beginning of the 2007/2008 school year to house its administrative
offices.
14. Wells, as the Interim Director of Buildings and Grounds/Director of Buildings and
Grounds, maintained oversight responsibility for both the WMASD maintenance
department and the WMASD custodial department.
a. Wells was ultimately subordinate to the District Superintendent in her
position.
15. Individuals employed by WMASD in the maintenance department are unionized
under the Service Employees International Union (SEIU) Local No. 3.
a. Maintenance employee salaries, benefits, etc. are set forth by the approved
Union contract.
16. Normal work days and hours for District maintenance employees are Monday
through Friday, 7:00 a.m. – 3:00 p.m., with a one-half hour paid lunch period.
a. Maintenance department employees work year round in their positions.
1. In the summer months of 2010 maintenance employees worked four
ten hour days (6:00 a.m. - 4:00 p.m.) instead of five eight hours days
(7:00 a.m. – 3:00 p.m.).
17. WMASD maintains a maintenance garage at the West Mifflin Area Middle School
campus located at 371 Camp Hollow Road, West Mifflin, PA 15122.
a. District maintenance employees report to the maintenance garage at the
beginning of the workday to obtain their work assignments for the day.
18. WMASD maintains various pieces of equipment, including vehicles, power tools,
hand tools, maintenance parts and supplies, etc. both inside and outside of the
maintenance garage.
a. WMASD maintains vehicles for specific maintenance trades and stores
equipment specific to those trades on those designated vehicles.
1. WMASD maintains a pick-up truck which is utilized for electrical
issues within the District.
2. WMASD maintains a pick-up truck which is utilized for carpentry
issues within the District.
3. WMASD maintains a van which is utilized for plumbing and HVAC
issues within the District.
19. WMASD at times purchases or rents tools/equipment which are needed to complete
maintenance issues within the District.
a. The determination of purchasing the equipment as opposed to renting the
equipment often depends on the equipment price, the anticipated need for
the equipment in the future, etc.
b. Procedures regarding the need for prior approval for the purchase or rental
of tools/equipment are dependent on the cost of the purchase/rental.
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1. Items posing an insignificant cost to the District do not require pre-
approval prior to the actual purchase.
2. Items posing a significant cost to the District require pre-approval of
the Director of Buildings and Grounds prior to the actual purchase.
20. WMASD maintains accounts at various home improvement stores, tool rental
facilities, etc. in the immediate area of the District.
a. Specific District employees are authorized as users on the accounts.
b. District employees utilizing the accounts for purchases/rentals sign a
receipt/invoice at the time of the transaction and are supplied a second
receipt/invoice for submission to the District.
1. The applicable business also sends a duplicate invoice directly to the
District via the mail.
c. Receipts/invoices ultimately received by the Director of Buildings and
Grounds are processed through the business office.
1. Tool/equipment purchases/rentals are ultimately documented on the
list of bills approved at District monthly legislative meetings.
21. Maintenance employees may receive work assignments via e-mail, telephone,
and/or in person from various WMASD representatives.
a. Work assignments received from individuals other than Buildings and
Grounds Director Wells are typically reviewed with Wells prior to completion.
22. WMASD maintenance employees do not currently utilize a time clock, complete
time sheets, or otherwise document in any format specific days and hours worked.
a. The District previously utilized a program known as School Dude which
tracked work completed and the employee performing the work.
1. District maintenance employees do not currently utilize the School
Dude program.
23. WMASD maintenance employees accrue leave in association with their
employment in the form of vacation days, sick leave, emergency leave, and
personal leave.
a. WMASD employees utilize leave via entry of the leave date and type into the
District AESOP computerized system, via telephone call into the District’s
automated call-off system, or via personal contact (i.e. face-to-face,
telephone, etc.).
1. The AESOP tracking system was operational as of July 1, 2008.
2. Prior to utilization of the AESOP system, all leave usage was
presented/approved via the automated telephone system or voice to
voice contact.
aa. Wells was responsible for approving all leave taken by
maintenance department employees prior to implementation of
the AESOP system.
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24. The Union contract in effect for WMASD maintenance personnel provides for the
payment of wages in the amount of one and one-half times an employee’s regular
hourly rate for any hours worked in excess of forty hours in one work week.
a. Neither the current Union contract nor the previous Union contract includes
any provision for maintenance employees to accrue compensatory time for
hours worked in excess of forty hours in one work week as an option to
receiving overtime wages.
1. The current Union contract bears effective dates of July 1, 2008,
through June 30, 2013.
2. The previous Union contract bore effective dates of July 1, 2005,
through June 30, 2009.
b. Although not provided for via the Union contract, maintenance employees
can opt to accrue compensatory time for hours worked in excess of forty in
one work week.
1. Compensatory time accrued is accrued at the rate of one and one-
half times the amount of hours worked beyond forty hours in one work
week.
25. Maintenance employees opting to accumulate compensatory time are responsible
for tracking the accrual and use of their individual compensatory time.
a. Prior approval must be obtained from Wells for either the accrual of or use of
compensatory time.
26. William Semanco is a past (retired) maintenance employee for WMASD.
a. Semanco retired from WMASD on or about June 29, 2008, after
approximately twenty-eight years of service.
1. Semanco was employed in the position of Buildings and Grounds
Foreman at the time of his retirement.
b. Semanco held various positions during his tenure at WMASD including:
1. Electrician;
2. General Maintenance Employee;
3. Plumber/HVAC Technician; and
4. Buildings and Grounds Foreman.
c. Semanco’s wage during the 2007/2008 school year (encompassing the
dates of July 1, 2007, through June 30, 2008) was approximately $23.55 per
hour.
d. Semanco answered directly to Wells in his position as the Buildings and
Grounds Foreman.
27. Ryan Thomas is a current maintenance employee for WMASD.
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a. Thomas has been employed with the maintenance department since
approximately November 16, 2007.
1. Thomas was initially employed as the District carpenter; however,
Thomas’s title has been changed to general maintenance in order to
expand the types of work Thomas may perform.
b. Thomas’s wage during the 2007/2008 school year (encompassing the dates
of July 1, 2007, through June 30, 2008) was approximately $17.36 per hour.
c. Thomas answered directly to Semanco prior to Semanco’s retirement.
1. Wells was Thomas’s ultimate supervisor in relation to the
maintenance department chain of command.
28. In January 2008, Semanco utilized the District van and Thomas utilized a District
pick-up truck to assist in completion of their assigned duties.
a. The District van assigned to Semanco housed District tools and
materials/supplies associated with performance of plumbing and HVAC
services.
b. The District pick-up truck assigned to Thomas housed District tools and
materials/supplies associated with performance of carpentry services.
29. The Superintendent of WMASD is responsible for the day-to-day administration and
operation of the District.
a. The School Board of Directors serves as the immediate supervisor of the
District Superintendent.
b. Patrick A. Risha served as the WMASD Superintendent from October 2,
2006, until retiring effective November 20, 2009.
1. Risha was Wells’s ultimate supervisor at all times during his tenure as
Superintendent of the District.
30. Graham and his spouse, Cathy Graham, own property, where they reside, located
in West Mifflin, Pennsylvania.
31. During 2008 WMASD employees were utilized to complete services/repairs at
Graham’s residence.
a. The services included installation of a dishwasher and repairs to the
swimming pool on Graham’s property.
b. The use of WMASD employees for Graham’s personal benefit was arranged
through WMASD Superintendent Patrick Risha.
32. On or about May 8, 2008, Risha contacted Wells and directed Wells to dispatch the
District plumber to Graham’s private residence.
a. Risha contacted Wells via telephone at the District administrative offices
during regular District business hours.
b. Risha informed Wells that Graham needed to have an old dishwasher
removed and a new dishwasher installed at Graham’s residence.
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1. Graham asked Risha of the availability of someone to complete the
service.
aa. Graham asserts that he never personally spoke with other
District employees and requested them to perform the work.
33. Wells believed that the service for Graham was to occur as soon as possible during
normal District hours based on her prior experiences with Risha.
a. Risha’s instructions would include language suggesting immediate contact of
the individual for which the service was to be performed.
b. Risha did not instruct Wells to have Semanco utilize leave of any type
(personal, vacation, or compensatory time) while performing the services.
c. Risha did not advise Wells that the service was to be a “side job” for
Semanco to earn extra money.
d. Risha did not indicate to Wells that Graham intended to pay personally for
the services.
e. Risha did not instruct Wells that the services were to be performed after
normal District hours or on Semanco’s lunch period.
f. Risha did not direct Wells that Semanco was not to utilize District equipment
or supplies to facilitate performance of the services.
34. Wells followed the directive issued to her from Risha due to Risha’s position as
Superintendent of the District and her ultimate supervisor.
35. Wells contacted Semanco and spoke with Semanco during normal District work
hours regarding the direction she had received from Risha.
a. Wells instructed Semanco of the need to travel to Graham’s residence to
remove an old dishwasher and install a new dishwasher.
1. Semanco did not know where Graham lived at that time.
2. Wells directed Semanco to meet Graham at the West Mifflin Borough
Building and follow him to Graham’s residence.
aa. Graham’s office is located in the West Mifflin Borough
Building.
36. Semanco subsequently met Graham in the parking lot of the West Mifflin Borough
Building and received instruction from Graham.
a. Graham directed Semanco to follow him and stated that he would show
Semanco what needed done at his residence.
37. Semanco followed Graham to Graham’s residence in the District plumbing van.
a. The distance between the parking lot of the West Mifflin Borough building
and Graham’s private residence is approximately 2.18 miles.
38. Graham accompanied Semanco into the kitchen, identified the old dishwasher
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which needed removed, and referenced the new dishwasher which needed to be
installed.
a. The new dishwasher had been delivered to Graham’s property and was on
site when Semanco went to Graham’s residence.
39. Semanco was not able to remove the old dishwasher and install the new
dishwasher at that time.
a. Semanco could not remove the old dishwasher without assistance.
b. Semanco informed Graham of the need for assistance to remove the old
dishwasher.
c. Semanco returned to the District after determining that assistance was
needed.
1. Semanco utilized approximately thirty minutes of District time
traveling to Graham’s residence, troubleshooting the installation, and
returning to the District.
40. Semanco subsequently informed Wells that he needed assistance in relation to
completing the dishwasher service for Graham.
a. Semanco advised Wells that he needed Thomas’s (WMASD employee)
assistance to remove the old dishwasher and install the new dishwasher.
b. Wells acknowledged Semanco’s need of assistance and advised Semanco
that he could utilize Thomas for the project.
41. Semanco informed Thomas that he needed Thomas’s assistance after the
maintenance department personnel met and received their daily assignments at the
maintenance garage the following morning.
a. Semanco and Thomas drove separate District vehicles to Graham’s
residence.
1. Both vehicles bore logos of WMASD.
b. Both Semanco and Thomas wore uniforms identifying themselves as District
employees.
c. Semanco introduced Thomas to Graham as the new district carpenter upon
arrival.
1. Neither Semanco nor Graham identified Graham as a WMASD Board
Member to Thomas at that time.
42. Semanco and Thomas removed Graham’s old dishwasher, installed the new
dishwasher, and placed the old dishwasher on the curb in front of Graham’s
residence.
a. Semanco utilized various District hand tools and plumbing supplies to
facilitate unhooking and removing the old dishwasher and re-hooking and
installing the new dishwasher.
b. Graham was present at his residence for the majority of time that Semanco
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and Thomas performed the service.
1. Graham confirmed to Semanco and Thomas that he would not have
been able to complete the project himself.
43. Semanco and Thomas each utilized approximately two hours of District time
traveling to Graham’s residence, removing the old dishwasher, installing the new
dishwasher, and returning to the District.
a. The service performed was not entered into the School Dude system by
either Semanco or Thomas.
44. Both Semanco and Thomas received their full wages from the District in relation to
time utilized by each employee for services performed at Graham’s residence
during normal District business hours.
a. Neither Semanco nor Thomas utilized or was instructed of the need to utilize
any type of leave (including compensatory time) to account for District time
utilized in performance of the service for Graham.
b. Neither Semanco nor Thomas was instructed to complete the service after
normal District hours or during the normal lunch period.
c. Neither Semanco nor Thomas was advised that the service was a “side-job”
for Graham for which Graham would compensate them personally.
45. Graham did not issue payment to Semanco, Thomas or the WMASD for the service
performed at his residence.
a. Graham asserts that Risha assured him that Risha would pay for the service
performed at Graham’s residence.
46. The cost to the WMASD for the services performed for Graham by Semanco and
Thomas during normal District business hours totaled $95.59 [sic] as shown below:
Employee Wage per Hour Time Utilized Loss to District
William Semanco $23.55 2 Hours, 30 minutes $58.87
Ryan Thomas $17.36 2 Hours $34.72
Total $93.59
47. The Internal Revenue service (“IRS”) establishes annual standard mileage rates for
mileage reimbursement purposes for employees, self-employed individuals, or other
taxpayers to use in computing the deductible costs of operating an automobile for
business, charitable, medical, or other moving expense purposes.
a. The established IRS mileage reimbursement rate for businesses from
January 1, 2008, through June 30, 2008, and from July 1, 2008, through
December 31, 2008, was $0.505 per mile and $0.585 per mile respectively.
b. WMASD reimburses employees for use of personal vehicles for District
business at the rate established by the IRS for businesses for each
applicable year.
48. WMASD vehicles were driven an approximate total of twelve and one-half miles in
relation to services performed by Semanco and Thomas for Graham which were
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personal in nature.
49. WMASD incurred vehicle operating costs in relation to trips to Graham’s residence
for performance of services of a personal nature for Graham in the approximate
value of $6.30 as shown below:
Distance (In Miles)* Number of Trips Total Miles IRS Mileage Rate Total
4.16 3.0 12.48 $0.505 $6.30
* Round trip from Administrative offices to Graham’s residence
50. The value of the work completed by WMASD employees at Graham’s residence in
installing the dishwasher was approximately $99.89 as shown below:
Description Value of Financial Gain/Loss to District
Loss of Employee Time to District $93.59
Loss to District in Equipment/Tool Usage $ 6.30
Total $99.89
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT GRAHAM UTILIZED
WMASD EMPLOYEES TO COMPLETE REPAIRS TO A SWIMMING POOL LOCATED
AT HIS PRIVATE RESIDENCE WHILE ON DISTRICT TIME UTILIZING DISTRICT
EQUIPMENT/TOOLS.
51. An in-ground swimming pool is located within the boundaries of Graham’s personal
residence in West Mifflin, PA.
52. On or about July 7, 2008, Risha contacted Wells and directed Wells to dispatch a
member of the maintenance staff to Graham’s private residence.
a. Risha contacted Wells via telephone at the District administrative offices
during regular District business hours.
b. Risha informed Wells that Graham was experiencing trouble with his
swimming pool and instructed Wells to have someone from the maintenance
staff look at the pool.
1. Risha gave direction to Wells after Graham informed Risha of the
problem, and asked of Risha of the availability of anyone to perform
the required services.
53. Wells informed then Assistant Business Manager Phillip Martell of the instruction
she received from Risha and the need to dispatch a member of the District
maintenance staff to Graham’s residence.
a. Martell suggested sending Thomas to troubleshoot the problem.
54. Wells arranged for the service to be completed as soon as possible during normal
District hours based on her prior experiences with Risha.
a. Risha did not specifically instruct Wells to have Thomas utilize leave of any
type (personal, vacation, or compensatory time) while performing the
services.
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b. Risha did not advise Wells that the service was to be a “side job” for Thomas
to earn extra money.
c. Risha did not indicate to Wells that he or Graham intended to pay personally
for the services.
d. Risha did not instruct Wells that the services were to be performed after
normal District hours or on Thomas’s lunch period.
e. Risha did not state to Wells that Thomas was not to utilize District equipment
or supplies to facilitate performance of the services.
55. Wells followed the directive issued to her from Risha due to Risha’s position as
Superintendent of the District and his role as her ultimate supervisor.
56. Shortly after receiving direction from Risha, Wells contacted Thomas via telephone
and spoke with Thomas during normal District work hours regarding the instruction
she had received from Risha.
a. Wells questioned if Thomas had time to travel to Graham’s residence and
look at Graham’s pool.
b. Thomas indicated that he would stop at Graham’s in order to look at the
pool.
57. Thomas drove in a District vehicle to Graham’s residence during normal District
hours and examined the swimming pool.
a. Thomas observed that the pool filter did not appear to be working.
b. Thomas had no knowledge of or experience with swimming pools to further
troubleshoot the problem.
c. The one-way distance from the District maintenance garage to Graham’s
residence is approximately 2.18 miles.
58. Thomas subsequently contacted District maintenance employee Keith Pishinsky via
cellular phone to assist with the situation involving Graham’s pool.
a. Pishinsky is employed as the District electrician.
59. Thomas subsequently returned to the District maintenance garage, met Pishinsky,
and led Pishinsky back to Graham’s residence.
a. Thomas returned to the District to complete his District related duties after
leading Pishinsky to Graham’s residence and showing Pishinsky the pool
area.
60. Thomas utilized approximately thirty minutes to one hour of District time in
association with his travels in a District vehicle which were devoted to Graham’s
pool.
a. Thomas’s wage as of July 7, 2008, was $18.57 per hour.
b. Thomas made a total of two round trips to Graham’s from the District
maintenance garage.
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c. Thomas’s attempted troubleshooting of Graham’s pool resulted in a loss of
time to the District valued at approximately $18.57.
61. Pishinsky arrived at Graham’s residence at approximately 10:30 a.m. on July 7,
2008, and devoted the remainder of his District workday towards troubleshooting
the problem with Graham’s pool.
a. Pishinsky contacted an acquaintance with experience as a mechanical
contractor and enlisted his assistance in trouble shooting the problem with
the pool.
b. Pishinsky’s acquaintance offered the services of himself and a plumber from
their company the next day to snake a camera through the line in order to
determine if the problem was a break in the pipe or a clog in the pipe.
c. Pishinsky did not leave Graham’s property until at least 4:00 p.m. on July 7,
2008.
1. Pishinsky’s normal District shift ends at 3:00 p.m.
aa. Pishinsky utilized approximately four and one-half hours of
District time performing activities relating to the repair of
Graham’s pool on Monday, July 7, 2008.
bb. Pishinsky also utilized a minimum of one additional hour
beyond normal District hours to perform services devoted to
the repair of Graham’s pool on Monday, July 7, 2008.
62. Pishinsky’s acquaintance and his colleague scoped the pipe between the inlet
skimmer and the pool filter on July 8, 2008, in the morning hours and left upon
completion.
a. Pishinsky’s acquaintance contacted Pishinsky at approximately mid-day and
theorized that a break was present in the pipe.
63. Pishinsky devoted all of his time from approximately 12:30 p.m. until 3:00 p.m. on
July 8, 2008, towards the continued troubleshooting and repair planning of
Graham’s pool.
a. Pishinsky determined the type of tools/equipment which would be needed in
order to gain access to the pipe and complete the repair.
b. Pishinsky utilized approximately two and one-half hours of District time
performing activities relating to the repair of Graham’s pool on Tuesday, July
8, 2008.
64. Pishinsky spent no significant amounts of time, District or other, working on repairs
to Graham’s pool on the dates of July 9, 2008, or July 10, 2008.
a. Any District time utilized by Pishinsky at Graham’s residence on July 9,
2008, or July 10, 2008, was minimal in nature.
65. Neither Pishinsky nor Wells was comfortable with Pishinsky performing repair
services for Graham at Graham’s property during normal District working hours.
a. Pishinsky expressed concerns to Wells due to the fact that Pishinsky lived in
the immediate area/neighborhood.
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1. Pishinsky was concerned with individuals with which he was
acquainted questioning him regarding his activities while on District
time.
b. A decision was made that Pishinsky would wear casual clothes (non-District
identifying) and that Pishinsky would drive his personal vehicle to Graham’s
to avoid the presence of a vehicle with a District logo at Graham’s property.
66. Between the dates of July 11, 2008, and July 14, 2008, Pishinsky performed
activities related to the repair of Graham’s pool on three specific days both during
and beyond his normal District working hours.
a. Pishinsky performed activities related to the repair of Graham’s pool from
approximately 7:00 a.m. until 6:00 p.m. on Friday, July 11, 2008.
1. Pishinsky utilized his entire eight hour District workday performing
services devoted to the repair of Graham’s pool.
2. Pishinsky also utilized an additional three hours beyond normal
District hours to perform services devoted to the repair of Graham’s
pool.
b. Pishinsky performed activities related to the repair of Graham’s pool from
approximately 7:00 a.m. until 5:00 p.m. on Saturday, July 12, 2008.
1. Saturday is not a normal workday for Pishinsky.
c. Pishinsky performed activities related to the repair of Graham’s pool for
approximately three hours during the morning hours of July 14, 2008.
1. Services performed during the morning hours by Pishinsky related to
the repair of Graham’s pool were done on District time.
d. Pishinsky was not compensated by the District for hours worked on
Graham’s pool on July 12, 2008.
1. Pishinsky was entitled to overtime compensation for the ten (10)
hours worked (7:00 a.m. to 5:00 p.m.) on July 12, 2009.
67. Pishinsky received his regular wages from the District in relation to time utilized for
services performed regarding the repair of Graham’s pool during normal District
business hours.
68. Graham did not issue any payment to either Pishinsky or to the District for
Pishinsky’s time to complete the repair to his pool.
69. Graham did provide Pishinsky with a thank-you card containing $50.00 in gift cards.
70. Repair services performed by Pishinsky in relation to Graham’s pool required the
renting of equipment and the use of District owned tools/equipment valued at a
minimum of $240.66.
a. Pishinsky rented a concrete saw and diamond blade from Taylor Rental on
July 11, 2008, totaling $176.55 in order to cut the concrete decking around
Graham’s pool and expose the broken filter line.
Graham, 10-025
Page 15
1. The District has an account at Taylor Rental regarding equipment
which is needed for projects.
2. The cost of the rental was $90.00 for the concrete saw, $75.00 for the
blade rental, and $11.55 for a damage waiver fee.
3. Taylor Rental supplied an invoice to Pishinsky and sent a duplicate
copy directly to the District.
b. Pishinsky utilized a District owned Milwaukee 1 ¾” rotary hammer drill to
break-up the concrete section cut by the concrete saw in order to physically
remove the concrete and gain access to the broken filter line.
c. Pishinsky spent approximately $87.57 in personal funds for various materials
needed to troubleshoot and eventually repair Graham’s pool.
1. Graham submitted the receipts to Wells for reimbursement by the
WMASD.
2. Wells informed Risha of the amount of money due Pishinsky, and
Risha subsequently informed Graham of the amount.
3. Graham subsequently provided $87.57 in cash as reimbursement for
Pishinsky to Wells, who then gave the funds to Pishinsky.
71. Graham participated in actions of the Board in approving the listing of monthly bills
presented for review at the August 28, 2008, Board meeting, which included
payment to Taylor Rental in the amount of $497.55 via District General Fund check
number 091185.
a. Graham was present at the meeting and voted in favor of approving the
listing of bills presented.
1. The vote to approve the listing of bills passed via 7-0 unanimous vote
with two Board Members absent.
b. Check Number 091185 was written payable to Taylor Rental in payment of
Invoice Numbers 1-204290-02 in the amount of $176.55 and 1-205095-02 in
the amount of $321.00.
1. Invoice Number 1-205095-02 was unrelated to any services
performed by Pishinsky for Graham.
72. Pishinsky utilized at least eighteen hours of District time and fourteen hours of non-
District time while performing activities related to the repair of Graham’s pool as
shown below:
Date-Day District Time Personal Time Total Time
07/07/08-Monday 4.5 Hours 1.0 Hours 5.5 Hours
07/08/08-Tuesday 2.5 Hours 0.0 Hours 2.5 Hours
07/11/08-Friday 8.0 Hours 3.0 Hours 11.0 Hours
07/12/08-Saturday 0.0 Hours 10.0 Hours 10.0 Hours
07/14/08-Monday 3.0 Hours 0.0 Hours 3.0 Hours
Total 18.0 Hours 14.0 Hours 32.0 Hours
a. Pishinsky’s rate of pay in July 2008 was $25.52/hour.
Graham, 10-025
Page 16
73. The value of the work completed by Pishinsky for the repairs to Graham’s pool was
approximately $867.68.
a. Pishinsky was permitted to accrue compensatory time at the rate of time and
one-half for hours worked beyond his regular District hours.
1. Pishinsky was entitled to twenty-one hours of compensatory time as a
result of working approximately fourteen hours beyond normal District
hours.
2. Pishinsky claimed and used sixteen of the possible twenty-one hours
earned.
b. The value of the work was calculated as follows:
34 hours @ $25.52/hr = $867.68
74. The established IRS mileage reimbursement rate for businesses from January 1,
2008, through June 30, 2008, and from July 1, 2008, through December 31, 2008,
was $0.505 per mile and $0.585 per mile respectively.
75. WMASD vehicles were driven a minimum total of thirteen miles in relation to
services performed by Pishinsky and Thomas for services at Graham’s residence
and pool.
a. Mileage totals account for a minimum of one trip to and from Graham’s
residence by Pishinsky and two trips to and from Graham’s residence by
Thomas.
76. WMASD incurred vehicle operating costs in relation to trips to complete services at
Graham’s residence in the approximate value of $7.65 as shown below:
Distance (In Miles)* Number of Trips IRS Mileage Rate Total
4.36 3.0 $0.585 $7.65
* Round trip from Administrative offices to Graham’s residence
77. The value of the work completed by WMASD employees at Graham’s residence in
repairing the pool totaled approximately $1,125.28 as shown below:
Description Value
Employee Time (Pishinsky and Semanco*) $876.97**
District Equipment/Tool Usage/Rental 248.31
Total $1,125.28
*[The parties’ reference to Semanco was probably intended to be a reference to
Thomas. See, Fact Findings 56-60 c.]
**
[Cf., Fact Findings 60 c, 73, 73 b, 83.]
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT GRAHAM FAILED TO
DISCLOSE HIS FINANCIAL INTEREST IN ALLEGHENY CHIROPRACTIC, INC., A
LEGAL ENTITY IN BUSINESS FOR PROFIT, ON STATEMENTS OF FINANCIAL
INTERESTS FILED FOR THE 2006, 2008, AND 2009 CALENDAR YEARS; AND WHEN
Graham, 10-025
Page 17
HE FAILED TO DISCLOSE HIS OFFICE, DIRECTORSHIP, OR EMPLOYMENT IN
ALLEGHENY CHIROPRACTIC, INC., ON HIS STATEMENT OF FINANCIAL INTERESTS
FILED FOR CALENDAR YEAR 2009.
78. Statement of Financial Interests filing requirements for public officials and public
employees are mandated by Section 1104 of the State Ethics Act.
st
a. Graham was required to file Statements of Financial Interests by May 1
annually in his position as a Member of the West Mifflin Area School District
Board of Directors.
79. On July 8, 2010, Graham’s Statements of Financial Interests for calendar years
2006 through 2009 were reviewed by an investigator for the State Ethics
Commission.
a. Graham had a Statement of Financial Interests on file at the District for each
respective calendar year between 2006 and 2009.
80. Information required to be reported on Statements of Financial Interests is set forth
under Section 1105 of the State Ethics Act.
a. Required disclosures on Statements of Financial Interests include, in part,
identification of any financial interest in any legal entity engaged in business
for profit.
b. Additionally required disclosures on Statements of Financial Interests, in
part, include identification of any office, directorship or employment of any
nature whatsoever in any business entity.
81. Graham did not disclose information regarding his financial interest in Allegheny
Chiropractic, Inc., on his Statements of Financial Interests filed for calendar years
2006, 2008, and 2009.
a. Graham has owned and operated Allegheny Chiropractic, Inc., as a legal
entity in business for profit since at least November 14, 2002.
82. Graham failed to disclose information regarding his office, directorship, or
employment in Allegheny Chiropractic, Inc., on his Statements of Financial Interests
filed for calendar years 2008 and 2009.
a. Department of State Corporation Bureau records document Graham holding
the position of President of Allegheny Chiropractic, Inc., since November 14,
2002.
83. The value of the work completed by WMASD employees at Graham’s residence in
installing the dishwasher and repairing the pool was approximately $1,234.45.
Description Value
Dishwasher:
Employee Time $93.59
District Equipment/Tool Usage $ 6.30
Swimming Pool
Employee Time $886.25
District Equipment/Tool Usage/Rental 248.31
Graham, 10-025
Page 18
Description Value
Total $1,234.45
84. Although Graham notified Risha that he needed assistance in installing the
dishwasher and repairing the pool, Risha instructed that work be completed by
District employees on District time.
III.DISCUSSION:
As a School Director for the West Mifflin Area School District (“WMASD”) from
December 4, 2007, through the present, Respondent Dr. Albert Graham, hereinafter also
referred to as “Respondent,” “Respondent Graham,” and “Graham,” has been a public
officialsubject to the provisions of the Public Official and Employee Ethics Act (“Ethics
Act”), 65 Pa.C.S. § 1101 et seq.
The allegations are that Graham violated Sections 1103(a) and 1105(b) of the
Ethics Act when he used the authority of his public position for private pecuniary benefit by
directing and/or participating in actions of the WMASD, that WMASD employees and/or
materials, supplies and equipment be utilized to perform services of a personal nature for
him; when he failed to disclose on Statements of Financial Interests (“SFIs”) filed for the
2006 and 2008 calendar years, his financial interests in Allegheny Chiropractic Inc., a
legal entity in business for profit; and when he failed to disclose on his SFI filed for the
2009 calendar year his office, directorship or employment and financial interests in
Allegheny Chiropractic.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a)Conflict of interest.—
No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest."
Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa.C.S. § 1102.
Graham, 10-025
Page 19
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.
Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure
that a person required to file the Statement of Financial Interests form must provide.
Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the Statement
of Financial Interests any office, directorship or employment in any business entity.
Section 1105(b)(9) of the Ethics Act requires the filer to disclose on the Statement
of Financial Interests any financial interest in any legal entity engaged in business for
profit. The term “financial interest” is defined in the Ethics Act as “[a]ny financial interest in
a legal entity engaged in business for profit which comprises more than 5% of the equity of
the business or more than 5% of the assets of the economic interest in indebtedness.” 65
Pa.C.S. § 1102.
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.
Respondent Graham has served continuously as a member of the WMASD Board of
Directors (“Board”) from December 4, 2007, through the present. Graham served as the
Vice-President of the Board from December 2, 2008, until December 8, 2009.
As a Board Member, Graham is aware of and subject to WMASD policies providing
that Board Members will not use their positions as School Directors to benefit themselves
or any individual or agency and that--with limited exceptions--WMASD owned equipment
shall not be loaned for non-school use off school property.
Graham and his spouse reside in West Mifflin, Pennsylvania, at a property that they
own. During 2008 WMASD employees were utilized to complete services/repairs at
Graham’s residence, which included installation of a dishwasher and repairs to the
swimming pool on Graham’s property. The use of WMASD employees for Graham’s
personal benefit was arranged through then WMASD Superintendent Patrick A. Risha
(“Risha”). As WMASD Superintendent, Risha was responsible for the day-to-day
administration and operation of the WMASD. Risha reported directly to the Board.
Both as to the dishwasher installation and the repairs to the swimming pool at
Graham’s property, Graham inquired with Risha as to the availability of someone to
perform the services. The parties have stipulated that although Graham notified Risha that
he needed assistance in installing the dishwasher and repairing the pool, Risha instructed
that work be completed by WMASD employees on WMASD time.
Sandra Wells (“Wells”) has served as the WMASD Director of Buildings and
Grounds since approximately September 14, 2009. Wells served as the WMASD
Interim/Acting Director of Buildings and Grounds from approximately August 17, 2006, to
September 14, 2009. As the WMASD Interim Director of Buildings and Grounds, Wells
oversaw the WMASD maintenance department and custodial department.
On or about May 8, 2008, Risha contacted Wells via telephone at the WMASD
administrative offices during regular business hours and directed Wells to dispatch the
WMASD plumber to Graham’s private residence. Risha informed Wells that Graham
needed to have an old dishwasher removed and a new dishwasher installed at Graham’s
residence. Wells followed Risha’s directive due to Risha’s position as WMASD
Graham, 10-025
Page 20
Superintendent and her ultimate supervisor. Wells spoke with then Building and Grounds
Foreman William Semanco (“Semanco”) during normal WMASD work hours regarding the
direction she had received from Risha. Wells, who was Semanco’s immediate supervisor,
instructed Semanco of the need to travel to Graham’s residence to remove an old
dishwasher and install a new dishwasher. Wells directed Semanco to meet Graham and
follow him to Graham’s residence.
When Semanco met Graham, Graham directed Semanco to follow him and stated
that he would show Semanco what needed to be done at his residence. Semanco followed
Graham to Graham’s residence in the WMASD plumbing van. Graham accompanied
Semanco into the kitchen, identified the old dishwasher that needed to be removed, and
referenced the new dishwasher that needed to be installed. Semanco returned to the
WMASD after determining that he needed assistance to perform the work. Semanco
utilized approximately thirty minutes of WMASD time traveling to Graham’s residence,
troubleshooting the installation, and returning to the WMASD.
Semanco informed Wells that he needed the assistance of WMASD maintenance
employee Ryan Thomas (“Thomas”) to remove the old dishwasher and install the new
dishwasher. Wells advised Semanco that he could utilize Thomas for the project.
Semanco and Thomas drove separate WMASD vehicles to Graham’s residence and
wore uniforms identifying themselves as WMASD employees. Semanco and Thomas
removed Graham’s old dishwasher, installed the new dishwasher, and placed the old
dishwasher on the curb in front of Graham’s residence. Various WMASD hand tools and
plumbing supplies were used to do the work. Graham was present at his residence for the
majority of time that Semanco and Thomas performed the service. Graham confirmed to
Semanco and Thomas that he would not have been able to complete the project himself.
Semanco and Thomas each utilized approximately two hours of WMASD time
traveling to Graham’s residence, removing the old dishwasher, installing the new
dishwasher, and returning to the WMASD. Both Semanco and Thomas received their full
wages from the WMASD for services performed at Graham’s residence during normal
WMASD business hours. The wages paid by the WMASD for the aforesaid services
performed for Graham by Semanco and Thomas during normal WMASD business hours
totaled $93.59. The WMASD also incurred vehicle operating costs of approximately $6.30
in relation to trips to Graham’s residence for performance of the aforesaid services.
Graham did not issue any payment to Semanco, Thomas or the WMASD for the
service performed at his residence. Graham asserts that Risha assured him that Risha
would pay for the service performed at Graham’s residence.
On or about July 7, 2008, Risha contacted Wells via telephone at the WMASD
administrative offices during regular business hours and directed Wells to dispatch a
member of the maintenance staff to Graham’s private residence. Risha informed Wells
that Graham was experiencing trouble with his swimming pool and instructed Wells to have
someone from the maintenance staff look at the pool. Wells followed Risha’s directive due
to Risha’s position as WMASD Superintendent and his role as Wells’ ultimate supervisor.
Wells informed then Assistant Business Manager Phillip Martell (“Martell”) of the
instruction she received from Risha and the need to dispatch a member of the WMASD
maintenance staff to Graham’s residence. Martell suggested sending Thomas to
troubleshoot the problem.
Wells spoke with Thomas during normal WMASD work hours regarding the
instruction she had received from Risha. Wells questioned if Thomas had time to travel to
Graham’s residence and look at Graham’s pool. Thomas indicated that he would stop at
Graham’s in order to look at the pool. Thomas drove a WMASD vehicle to Graham’s
Graham, 10-025
Page 21
residence during normal WMASD hours and examined the pool. Although Thomas
observed that the pool filter did not appear to be working, Thomas had no knowledge of or
experience with swimming pools to further troubleshoot the problem.
Thomas contacted WMASD electrician Keith Pishinsky (“Pishinsky”) to assist with
the situation involving Graham’s pool. Thomas led Pishinsky to Graham’s residence,
showed Pishinsky the pool area, and then returned to the WMASD to complete his
WMASD related duties. Thomas’s attempted troubleshooting of Graham’s pool resulted in
a loss of time to the WMASD valued at approximately $18.57.
From July 7, 2008, through July 14, 2008, Pishinsky utilized at least 18 hours of
WMASD time and 14 hours of non-WMASD time while performing activities related to the
repair of Graham’s pool. The WMASD paid Pishinsky his regular wages of $25.52 per
hour for the aforesaid 18 hours of WMASD time. Pishinsky also earned 21 hours of
compensatory time for working on Graham’s pool approximately 14 hours beyond normal
WMASD hours. Pishinsky claimed and used 16 of the possible 21 hours earned.
The parties have stipulated that the value of the work completed by Pishinsky for
the repairs to Graham’s pool was approximately $867.68 calculated as 34 hours at $25.52
per hour. The WMASD incurred vehicle operating costs of approximately $7.65 in relation
to trips to complete services at Graham’s residence.
Graham did not issue any payment to either Pishinsky or to the WMASD for
Pishinsky’s time to complete the repair to his pool. Graham did provide Pishinsky with a
thank-you card containing $50.00 in gift cards and also reimbursed Pishinsky (through
Wells) for personal funds Pishinsky had expended for the work.
The repair services performed by Pishinsky in relation to Graham’s pool required
the rental of equipment at a total cost of $176.55 as well as the use of WMASD owned
tools/equipment. The parties have stipulated that the total value of the use of the rented
equipment and the WMASD tools/equipment was a minimum of $240.66 (Fact Finding 70).
The rented equipment was from Taylor Rental, which supplied an invoice in the total
amount of $176.55 to Pishinsky and sent a duplicate copy directly to the WMASD. On
August 28, 2008, Graham participated in the unanimous vote of the Board to approve the
listing of monthly bills that included payment to Taylor Rental for the rented equipment
used by Pishinsky to repair Graham’s pool.
The parties have stipulated that the value of the work completed by WMASD
employees at Graham’s residence in installing the dishwasher and repairing the pool was
approximately $1,234.45, as calculated at Fact Finding 83.
In his professional capacity, Graham is employed as a licensed chiropractor.
Graham owns and operates a chiropractic practice under the name of “Allegheny
Chiropractic, Inc.” Graham has owned and operated Allegheny Chiropractic, Inc., as a
legal entity in business for profit since at least November 14, 2002. Department of State
Corporation Bureau records document Graham holding the position of President of
Allegheny Chiropractic, Inc., since November 14, 2002.
Graham did not disclose information regarding his financial interest in Allegheny
Chiropractic, Inc., on his SFIs filed for calendar years 2006, 2008, and 2009. Graham
failed to disclose information regarding his office, directorship, or employment in Allegheny
Chiropractic, Inc., on his SFIs filed for calendar years 2008 and 2009.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
Graham, 10-025
Page 22
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 no violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §1103(a)
occurred when School District employees and/or
materials, supplies and equipment were used to
perform services of a personal nature for Graham; as
Graham did not use the authority of his office to direct
that such services be completed.
b. That a violation of Section 1105(b) of the Public Official
and Employee Ethics Act, 65 Pa.C.S. §1105(b),
occurred in relation to Graham’s failure to disclose his
financial interests in any legal entity in business for
profit on his Statements of Financial Interests filed for
the 2006 and 2008 calendar years; and his failure to
disclose his financial interest in any legal entity in
business for profit, and his office, directorship or
employment in any business on his Statement of
Financial Interests filed for the 2009 calendar year.
4. Graham agrees to make payment in the amount of $2,234.45
in settlement of this matter payable as follows:
a. $1,234.45 payable by certified check or money order
made payable to the West Mifflin Area School District
and forwarded to the Pennsylvania State Ethics
Commission within thirty (30) days of the issuance of
the final adjudication in this matter.
b. $1,000 in reimbursement representing a portion of the
expenses and costs incurred by the State Ethics
Commission in the investigation and administrative
prosecution of the instant matter, payable by certified
check or money order made payable to the
Pennsylvania State Ethics Commission. Said payment
to be made upon execution of this agreement by
Graham and submitted therewith.
5. Graham agrees to not accept any reimbursement,
compensation or other payment from West Mifflin Area School
District representing a full or partial reimbursement of the
amount paid in settlement of this matter.
6. Graham agrees to file amended Statements of Financial
Interests for calendar years 2006, 2008 and 2009 disclosing
all required information as appropriate with West Mifflin Area
School District. For compliance verification purposes, copies
of said forms shall be provided to the State Ethics Commission
upon execution of this agreement by Graham and submitted
therewith.
7. The Investigative Division will recommend that the State Ethics
Graham, 10-025
Page 23
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.
We accept the parties’ recommendation for a finding that Graham did not violate
Section 1103(a) of the Ethics Act when WMASD employees and/or materials, supplies and
equipment were used to perform services of a personal nature for Graham, based upon the
parties’ agreement that Graham did not use the authority of his office to direct that such
services be completed. Both as to the dishwasher installation and the repairs to the
swimming pool at Graham’s property, Graham inquired with Risha as to the availability of
someone to perform the services. However, the parties have stipulated that it was Risha
who instructed that work be completed by WMASD employees on WMASD time.
As for Graham’s participation in the August 28, 2008, Board vote to approve the
listing of monthly bills that included payment to Taylor Rental for the equipment used to
repair Graham’s pool, we note that the amount of the rental itself was only $176.55.
Accordingly, we accept the parties’ recommended disposition, and we hold that
Graham did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when
WMASD employees and/or materials, supplies and equipment were used to perform
services of a personal nature for Graham, as Graham did not use the authority of his office
to direct that such services be completed.
As for Graham’s SFIs, the parties have stipulated that Graham did not disclose
information regarding his financial interest in Allegheny Chiropractic, Inc., on his SFIs filed
for calendar years 2006, 2008, and 2009. The parties have further stipulated that Graham
did not disclose information regarding his office, directorship, or employment in Allegheny
Chiropractic, Inc., on his SFIs filed for calendar years 2008 and 2009. Based upon the
Stipulated Findings, we accept the parties’ recommendation and hold that a violation of
Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred in relation to Graham’s
failure to disclose his financial interests in any legal entity in business for profit on his SFIs
filed for the 2006 and 2008 calendar years; and his failure to disclose his financial interest
in any legal entity in business for profit, and his office, directorship or employment in any
business on his SFI filed for the 2009 calendar year.
As part of the Consent Agreement, Graham has agreed to make payment in the
amount of $2,234.45 in settlement of this matter payable as follows: (a) $1,234.45 payable
by certified check or money order made payable to the West Mifflin Area School District
and forwarded to this Commission within thirty (30) days of the issuance of the final
adjudication in this matter; and (b) $1,000.00 in reimbursement representing a portion of
the expenses and costs incurred by this Commission in the investigation and
administrative prosecution of the instant matter, payable by certified check or money order
made payable to the Pennsylvania State Ethics Commission, with said payment tendered
upon execution of the Consent Agreement by Graham.
Graham has agreed to not accept any reimbursement, compensation or other
payment from WMASD representing a full or partial reimbursement of the amount paid in
settlement of this matter.
Graham has also agreed to file with the WMASD amended SFIs for calendar years
Graham, 10-025
Page 24
2006, 2008, and 2009, appropriately disclosing all required information, with copies of all
such forms provided to this Commission for compliance verification purposes upon
execution of the Consent Agreement.
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, Graham is directed to make
payment in the amount of $2,234.45 as follows: (a) $1,234.45 payable by certified check
or money order made payable to the West Mifflin Area School District and forwarded to
th
this Commission by no later than the thirtieth (30) day after the mailing date of this
adjudication and Order; and (b) $1,000 in reimbursement representing a portion of the
expenses and costs incurred by this Commission in the investigation and administrative
prosecution of the instant matter, payable by certified check or money order made payable
to the Pennsylvania State Ethics Commission, with said payment of $1,000 tendered upon
execution of the Consent Agreement by Graham.
Per the Consent Agreement of the parties, Graham is further directed to not accept
any reimbursement, compensation or other payment from the WMASD representing a full
or partial reimbursement of the amount paid in settlement of this matter.
Per the Consent Agreement of the parties, Graham is directed to file with the
WMASD amended SFIs for calendar years 2006, 2008, and 2009, appropriately disclosing
all required information, with copies of all such forms provided to this Commission for
compliance verification purposes upon execution of the Consent Agreement.
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 School Director for the West Mifflin Area School District (“WMASD”) from
December 4, 2007, through the present, Respondent Dr. Albert Graham (“Graham”)
has been a public officialsubject to the provisions of the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.
2. Graham did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a),
when WMASD employees and/or materials, supplies and equipment were used to
perform services of a personal nature for Graham, as Graham did not use the
authority of his office to direct that such services be completed.
3. A violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred in
relation to Graham’s failure to disclose his financial interests in any legal entity in
business for profit on his Statements of Financial Interests filed for the 2006 and
2008 calendar years; and his failure to disclose his financial interest in any legal
entity in business for profit, and his office, directorship or employment in any
business on his Statement of Financial Interests filed for the 2009 calendar year.
In Re: Dr. Albert Graham, : File Docket: 10-025
Respondent : Date Decided: 9/27/11
: Date Mailed: 10/4/11
ORDER NO. 1589
1.As a School Director for the West Mifflin Area School District (“WMASD”), Dr. Albert
Graham (“Graham”) did not violate Section 1103(a) of the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when WMASD
employees and/or materials, supplies and equipment were used to perform services
of a personal nature for Graham, as Graham did not use the authority of his office to
direct that such services be completed.
2. A violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred in
relation to Graham’s failure to disclose his financial interests in any legal entity in
business for profit on his Statements of Financial Interests filed for the 2006 and
2008 calendar years; and his failure to disclose his financial interest in any legal
entity in business for profit, and his office, directorship or employment in any
business on his Statement of Financial Interests filed for the 2009 calendar year.
3. Per the Consent Agreement of the parties, Graham is directed to make payment in
the amount of $2,234.45 as follows: (a) $1,234.45 payable by certified check or
money order made payable to the West Mifflin Area School District and forwarded
th
to the Pennsylvania State Ethics Commission by no later than the thirtieth (30) day
after the mailing date of this Order; and (b) $1,000 in reimbursement representing a
portion of the expenses and costs incurred by the Pennsylvania State Ethics
Commission in the investigation and administrative prosecution of the instant
matter, payable by certified check or money order made payable to the
Pennsylvania State Ethics Commission, with said payment of $1,000 tendered upon
execution of the Consent Agreement by Graham.
4. Per the Consent Agreement of the parties, Graham is further directed to not accept
any reimbursement, compensation or other payment from the WMASD representing
a full or partial reimbursement of the amount paid in settlement of this matter.
5. Per the Consent Agreement of the parties, Graham is directed to file with the
WMASD amended Statements of Financial Interests for calendar years 2006, 2008,
and 2009, appropriately disclosing all required information, with copies of all such
forms provided to the Pennsylvania State Ethics Commission for compliance
verification purposes upon execution of the Consent Agreement.
6. Compliance with Paragraphs 3, 4, and 5 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,
___________________________
Graham, 10-025
Page 26
Louis W. Fryman, Chair