HomeMy WebLinkAbout1595 Freeland
In Re: Barry Freeland, : File Docket: 10-021
Respondent : X-ref: Order No. 1595
: Date Decided: 9/27/11
: Date Mailed: 10/12/11
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.” 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 Barry Freeland, a public official/public employee in his capacity as a Member
of the York City School District Board of Directors, violated Sections 1103(a) and 1103(f)
of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a) and 1103(f), when a
business with which he is associated, Community Progress Council, Inc. (“CPC”), entered
into a contract with the School District in excess of $500.00 without an open and public
process; when he participated in discussions of the Board of Directors resulting in the
contract being awarded to CPC; and when he participated in actions of the Board to
approve payments issued to CPC.
II.FINDINGS:
1. Barry Freeland served as a Member of the School District of the City of York
(“SDCY”) Board of School Directors from approximately December 1999 through
November 2007.
2. Professionally, Freeland is employed as the Program Director for the Community
Progress Council, Inc. (“CPC”), 226 East College Avenue, York, PA 17043.
a. Freeland has been employed by CPC since approximately December 11,
2001.
Freeland, 10-021
Page 2
b. Freeland’s position with CPC is full time, based on a forty (40) hour
workweek.
c. Freeland’s position is annually renewed based on available funding.
d. Freeland was initially hired as the Program Monitor in the Senior Community
Service Employment Program and became Program Director effective
October 27, 2003.
3. Community Progress Council, Inc. (“CPC”) is a domestic non-profit corporation
located at 226 East College Avenue, York, PA.
a. CPC was incorporated with the Pennsylvania Department of State on or
about March 8, 1965.
4. CPC is a York County Community Action Agency promoting self-sufficiency among
low-income residents of York City and York County. Program services offered
include:
a. Case management
b. Community Centers
c. CPC Pre-K Counts
d. CPC Rental Assistance Program
e. Employment Skills & Training Program
f. Foster Grandparents
g. Head Start of York County
h. Senior Employment Program
i. Women, Infants, Children (“WIC”)
j. Work Ready
k. YHAP
5. CPC records include a job description for the position of Program Director. This job
description was approved by the CPC Board of Directors in October 2001 with
revisions December 2002 and April 2010.
a. The CPC Program Director is responsible for the overall management of
CPC programs and initiates the program budget.
b. The Program Manager also supervises and processes enrollee selection and
placement, job site monitoring and job development and serves as the CPC
representative throughout York County.
6. CPC programs including CPC Pre-K Counts and the Senior Employment Program
interface with the SDCY.
a. The Pre-K Program utilizes District classroom facilities.
1. Funding for CPC’s Pre-K Program is provided by the Pennsylvania
Department of Education through the School District of the City of
York.
2. Freeland had no job responsibilities with the CPC’s Pre-K Counts
program.
b. The Senior Employment Program provides crossing guards, teachers’ aides,
surveillance technicians and senior greeters to the District.
Freeland, 10-021
Page 3
7. CPC’s Senior Employment Program (“SEP”) provides training to lower income
senior citizens to enable them to reenter the work force.
8. Funding for CPC’s Senior Community Services Employment Program is obtained
from the Federal Department of Labor through a contract with the National Council
on Aging.
a. The National Council on Aging subcontracts services to CPC.
b. CPC goes through an annual application process with the National Council
on Aging for program funding.
9. Freeland’s position at CPC is contingent upon CPC annually receiving Senior
Community Services Employment Program funding from the National Council on
Aging.
a. Freeland’s salary from CPC is paid for through program funding CPC
receives from the National Council on Aging.
10. CPC has contracted with the SDCY since at least 2003 to provide crossing guards,
senior greeters, surveillance technicians, teachers’ aides and
administration/operation of the Pre-K Program.
11. Freeland was CPC’s point of contact with SDCY for any questions relating to CPC
contracts and their renewals with the SDCY excluding the Pre-K Program.
a. Freeland coordinated CPC’s contracts with the SDCY for senior greeters,
surveillance technicians and teachers’ aides.
1. Crossing guards were a joint effort between CPC, the City of York and
SDCY.
b. Freeland had no supervisory responsibility of the Pre-K Counts program.
12. Services provided by CPC to the SDCY were supervised by the SDCY Business
Manager and Director of Buildings and Grounds.
13. The SDCY did not follow a formal bid process when contracting with CPC.
a. No bid process was utilized by the SDCY administration because the
contracts with CPC were viewed as professional services.
14. Freeland, in his official capacity as a Member of the SDCY Board of Directors,
participated in discussions and official Board actions resulting in contracts being
awarded and payments made to CPC, his employer.
a. Annual contracts between CPC and SDCY were approved during regular
SDCY Board of School Directors meetings attended by Freeland.
b. Freeland routinely would participate in any discussions on the contract(s)
and their renewal(s).
c. Freeland would routinely make or second a Board motion relating to CPC
[and] then abstain from the actual vote.
1. Freeland would submit abstention memos citing a conflict of interest
as CPC was his employer.
Freeland, 10-021
Page 4
15. Freeland submitted contracts on behalf of CPC to the SDCY Business Office for
consideration and approval by the SDCY Board of Directors.
a. Contracts were submitted annually for the upcoming school year.
b. Any questions on contract terms would be directed to Freeland’s attention at
CPC.
16. Between August 2005 and November 2007, CPC, the SDCY and/or the City of York
entered into approximately eleven (11) agreements for services provided by CPC.
a. The contracts included school crossing guards as part of the three-way
agreements between CPC, SDCY and the City of York Police Department.
b. Other contracts between CPC and SDCY included Pre-K program, senior
greeters and surveillance technicians.
17. Between August 2005 and November 2007, the following eleven contracts were
entered into by the SDCY and/or the City of York with CPC:
a. DATE CONTRACT TYPE
August 17, 2005 Use of facilities for Head Start
September 7, 2005 Senior Greeters/Teachers’ Aides
September 8, 2005 Surveillance Technicians
December 14, 2005 Crossing Guards
August 16, 2006 Senior Greeters/Teachers’ Aides
August 17, 2006 Crossing Guards
August 23, 2006 Surveillance Technicians
June 20, 2007 Crossing Guards
August 15, 2007 Pre-K Program
August 20, 2007 Senior Greeters/Teachers’ Aides
August 20, 2007 Surveillance Technicians
18. The SDCY applied for grant funding through the PA Department of Education for a
Pre-K Counts program on or about August 3, 2007.
a. Attachment B of SDCY’s grant application identifies Dr. Theresa Biggs,
SDCY Superintendent, and George Moore, Executive Director of CPC, as
the main points of contact for the program.
1. SDCY employee Cathy Ash was identified as the grant writer and
Cathy Kipp was listed as CPC’s programs director.
b. The SDCY was listed as main applicant and fiscal manager.
c. The SDCY would subcontract with CPC to advertise for, hire and pay six (6)
classroom teachers and six (6) aides.
d. The Collaboration Agreement between SDCY and CPC provided for a pass-
through of $476,748.00 for the 2007-2008 school year with the program to
begin not later than October 15, 2007.
e. The agreement was signed by Jeffrey Kirkland, SDCY Board President, and
George Moore, CPC Executive Director, on August 15, 2007.
Freeland, 10-021
Page 5
19. On August 15, 2007, Freeland participated in the vote of the SDCY Board of
Directors to approve the Collaboration Agreement between the SDCY and the CPC.
a. Minutes of the August 15, 2007, Board meeting confirm that the motion was
made by Freeland and was approved following a 9-0 vote. The minutes do
not record whether he abstained for the final vote.
20. Freeland was not on the SDCY Board of School Directors when the Pre-K Counts
grant program was renewed for the 2008-09 and 2009-10 school years.
a. The 2008-09 school year grant included a five-month period (July-
November), which was within one year of Freeland leaving office.
b. The budget for the 2008-09 school year grant was in the amount of
$918,450.00, with $603,520.00 of that amount being passed through to
CPC/York County Head Start. The second year budget was signed by
Theresa Diggs, SDCY and George Moore, CPC on March 5, 2008.
21. As early as the 2005-06 school year, CPC, operating Head Start of York County,
entered into an agreement with the SDCY to use space at McKinley Elementary
School, 600 Manor Street, York, PA 17403 to operate the Head Start Program.
a. The agreement provided for CPC/Head Start to use school facilities at no
cost.
b. This agreement was signed by Theresa Diggs, Superintendent, Jeffrey
Kirkland, Board President, and Paula Denton, Business Manager, on August
17, 2005, representing the SDCY, and George Moore, Executive Director,
CPC, Cathy Kipp, Director, Head Start of York County, and Allan Church,
Financial Director, on September 7, 2005.
c. This action was approved by the SDCY Board of School Directors on August
17, 2005.
1. No vote or Freeland participation is noted in the SDCY meeting
minutes.
d. On October 17, 2007, the SDCY Board of School Directors approved an
agreement with CPC/Head Start of York County permitting the use of
Hannah Penn Middle School as an evacuation site for the Head Start
Program.
1. Minutes of the October 17, 2007, SDCY meeting reflect the following:
“By Motion of Mr. Barry Freeland and seconded by Mr. Thomas Foust, it was
resolved that CPC agreement for the use of Hannah Penn Middle School as
an evacuation site in the event of a disaster for the CPC Head Start Program
be approved as presented.” Vote 5-0-1, Abstained: Barry Freeland.
Abstention memo attached noting Freeland as a CPC employee.
(The following findings relate to Freeland’s use of his public position in relation to SDCY
contracts with CPC for greeters, crossing guards.)
22. Brad Harman, Director of Facilities for the SDCY, was responsible for overseeing
security and maintenance for the District.
Freeland, 10-021
Page 6
a. During the period July 2005 through November 2007 the Director of
Facilities position reported to the Director of Business and Finance in the
District’s chain-of-command.
b. Paula K. Denton was the District’s Director of Business and Finance during
that time frame.
23. Harman’s duties for the SDCY included serving as the contact person on behalf of
SDCY with CPC for District contracts with CPC.
a. Harman would contact Freeland at CPC regarding any issues or needs with
SDCY contracts with CPC.
b. The issues would include personnel issues as well as District staffing needs.
24. Harman would provide Freeland with the District’s staffing needs for the upcoming
school year, so those needs could be included as part of the contracts between the
District and CPC.
a. Contract terms generally remained the same from school year to school year
with changes being made to the number of placements from CPC and the
cost associated with the placements.
25. The City of York, through the City Police Department, is responsible for providing
school crossing guards during school days at the SDCY’s schools.
a. The City has been unable to provide the necessary manpower for the
crossing guards.
1. The City has not provided police officers to serve as crossing guards
and lacked funding to hire civilian crossing guards.
26. In or about the fall of 2005, Paula Denton discussed with Freeland the possibility of
CPC providing qualified people to serve as crossing guards through CPC’s Senior
Employment Program.
a. Freeland informed Denton that CPC could assist in finding seniors to be
hired as crossing guards.
27. Based on CPC’s ability to provide seniors to be utilized by the City of York as
crossing guards, three-way agreements between the City, SDCY and CPC were
entered into starting with a contract dated December 14, 2005.
a. CPC was contacted by the District for crossing guards as an extension of
services already being provided to the District.
b. Separate contracts were entered into, which included the City of York since
the City was responsible for providing crossing guards.
c. No bids were solicited by either the SDCY or City of York for crossing guard
services provided by CPC.
d. Freeland was the District’s point of contact at CPC for crossing guard
contracts.
28. On or about December 20, 2005, Paula K. Denton, Director of Business and
Finance for the SDCY, forwarded correspondence to Barry Freeland at CPC
Freeland, 10-021
Page 7
informing him that the District approved a School Crossing Guard agreement
between the City of York, the City of York School District and CPC, on December
14, 2005.
a. Barry Freeland is listed as a Member of the SDCY on the stationery used by
Denton.
29. Minutes of the December 14, 2005, SDCY Board meeting confirm the following:
“By Motion of Mr. Barry Freeland and seconded by Mr. Thomas Foust, it was
resolved that the School Crossing Guard agreement between the City of York and
Community Progress Council, Inc. be approved per the attached agreement.” Vote:
8-0-1, Abstention: Freeland.
a. Freeland signed a standard District conflict of interest memo reflecting that
he abstained from this Board vote because he was an employee of CPC.
30. Terms of the three-way agreement referenced York City Council Ordinance 6-2002,
which created an Educational Service Agency to operate exclusively for the
purpose of providing services to the School District in the nature of protection of
students at intersections within the City and the School District. Responsibilities of
each entity included:
City of York:
• Paying to CPC for its services under this agreement the sum of $4,030.66
per year, which sum shall be paid at the time or times as agreed upon
between the City and CPC.
School District:
• Reimbursing the City 75% of the costs for the school crossing guards and
75% of the amount paid by the City to CPC for its services under this
Agreement, which sum shall be paid at the time or times as agreed upon
between the City and the School District.
CPC:
• Providing, through its Senior Community Services Employment Program or
some other program, a sufficient number of reliable individuals to apply for,
and be appointed to, school crossing guard positions with the City.
• Providing a supervisor to monitor the school crossing guards; pay such
supervisor $9.00 per hour with such supervisor working 1 hour per day, 3
days per week, for a total of 36 weeks during such time as the School District
is open for attendance, for a total cost of $972.00 per year, which cost is
included in the amount set forth in item 2. G. above ($4,030.66 from the City
to CPC).
31. SDCY Board meeting minutes confirm that the Board approved additional three-way
agreements with CPC and the City of York in 2006, 2007 and 2008.
a. On August 16, 2006, the Board approved the agreement for school crossing
guards.
1. Financial terms in this contract remained the same as the 2005
contract.
Freeland, 10-021
Page 8
b. Minutes of the SDCY Board meeting of August 16, 2006, confirm the
following:
“By Motion of Barry Freeland and Seconded by Thomas Foust, it was resolved that
Community Progress Council and the Board of Directors of the City of York School
District enter into an agreement for crossing guards from August 23, 2006 through
June 8, 2007 be approved as presented.” Vote: 6-0-1, Abstention: Barry Freeland.
c. Freeland, as a CPC official, was notified of the Board action by Paula
Denton by letter dated August 23, 2006 (See, Finding 38).
d. Additional crossing guard contracts were entered into on June 20, 2007, and
August 2, 2008. Contract terms remained the same with the City of York’s
financial obligation to CPC being increased to $4,464.81 on the June 20,
2007, contract and $6,000.00 per year on the August 2, 2008, contract.
George Moore signed these contracts on behalf of CPC.
e. Freeland was absent from the Board’s June 20, 2007, meeting when the
2007-08 contract was approved.
f. Freeland was not on the Board when the 2008-09 contract was approved.
32. Beginning in 2005, Surveillance Technicians were provided to the SDCY by CPC
via contracts approved by the SDCY’s Board of Directors.
a. Contracts were signed by George Moore on behalf of CPC and the SDCY
Board President on behalf of SDCY.
b. Barry Freeland did not sign these agreements in either his capacity as a
CPC employee or SDCY Board Member.
c. These contracts got initiated as a result of a request made by Business
Manager Paula Denton to Freeland.
33. On August 8, 2005, an agreement was entered into between CPC and the SDCY to
provide one (1) employee to act as a Building Surveillance Technician at William
Penn Senior High School from September 8, 2005, through June 15, 2006; 7.5
hours per day for 194 days.
a. The SDCY agreed to pay CPC the sum of $25,000.00 for the contract period.
b. CPC agreed that the hourly rate per employee would be $18.01, which was
to include the building surveillance technician’s hourly wage to be paid by
CPC, fringe benefits, indirect costs and program administration expenses.
c. This agreement was signed by Jeffrey Kirkland, President of the SDCY
Board on October 19, 2005, and George Moore, Executive Director, CPC, on
October 20, 2005.
34. The agreement was ratified by the SDCY Board of Directors on October 19, 2005:
“Approve CPC agreement- By Motion of Mr. Barry Freeland and Seconded by
Thomas Foust, it was resolved that the Board of School Directors of the City of York
enter into an agreement with Community Progress Council to provide a building
surveillance technician at William Penn High School for the period of September 8,
2005 through June 15, 2006 per the attached agreement, motion carried 4-0-3”
Freeland, 10-021
Page 9
Abstentions: Freeland, Atwater, Foust. Conflict of interest memo attached: Atwater
and Foust on Board; Freeland an employee.
35. By way of correspondence dated October 20, 2005, Paula Denton, Director of
Business and Finance, SDCY informed Barry Freeland, CPC, of the Resolution
approved by the SDCY Board of School Directors on October 19, 2005:
“Be It Resolved that the Board of School Directors of the City of York entered into
an agreement with Community Progress Council to provide a Building Surveillance
Technician at William Penn High School for the period September 8, 2005 through
June 15, 2006 per the attached agreement.”
a. Freeland was present at the Board meeting of October 19, 2005, and made
the motion to approve the resolution.
1. Freeland abstained from the vote.
36. On August 23, 2006, an agreement was entered into between CPC and the SDCY
to provide one (1) employee to act as a Building Surveillance Technician at William
Penn Senior High School from August 23, 2006, through June 8, 2007, for 7.5
hours per day for 193 days.
a. The SDCY agreed to pay CPC the sum of $25,818.00 for the contract period,
an increase of $818.00 from the previous contract.
b. CPC agreed to the hourly rate per employee of $17.84, which was to include
the building surveillance technician’s hourly wage to be paid by CPC, fringe
benefits, indirect costs and program administration expenses.
c. The agreement on file with SDCY is not signed.
37. Minutes of the SDCY Board of Directors meeting for August 16, 2006, confirm
Freeland making the motion to approve, but abstaining on the vote to approve the
surveillance agreement between the School District and CPC as noted below:
“By Motion of Mr. Barry Freeland and Seconded by Mr. Thomas Foust, it was
resolved that Community Progress Council and the Board of Directors of the School
District of the City of York enter into an agreement for the building surveillance
technician at William Penn Senior High School from August 23, 2006 through June
8, 2007, be approved as presented.” Vote: 6-0-1, Abstention: Freeland.
38. By way of correspondence dated August 23, 2006, from Paula Denton, Director of
Business and Finance, SDCY to Barry Freeland, CPC, Freeland was informed of
separate Resolutions approved by the SDCY Board of School Directors on August
17, 2006, which included Surveillance Technicians, Greeters and Crossing Guards.
39. On August 20, 2007, a third agreement for the 2007/2008 school year was entered
into between CPC and the SDCY to provide one (1) employee to act as a Building
Surveillance Technician at William Penn Senior High School from August 20, 2007,
through June 5, 2008, for 7.5 hours per day for 197 days.
a. The SDCY agreed to pay CPC the sum of $30,000.00 for the contract period.
b. CPC agreed that the hourly rate per employee would be $20.30, which was
to include the building surveillance technician’s hourly wage to be paid by
CPC, fringe benefits, indirect costs and program administration expenses.
Freeland, 10-021
Page 10
c. The agreement on file with SDCY was not signed.
40. Minutes of the SDCY reflect there was no action taken by the Board to approve the
Building Surveillance Technician contract.
41. CPC began providing Greeters to the SDCY in 2004.
a. The first contract was approved in or about September 2004.
b. The first contract provided that CPC would supply the SDCY with four (4)
employees to act as Greeters at the School District’s following schools:
William Penn Senior High School, Hannah Penn Middle School, Edgar Fahs
Smith Middle School and McKinley Elementary School. CPC shall assign
one (1) greeter to each school. CPC shall provide one greeter at each
school from September 8, 2004 through June 15, 2005 for a total of 191
days with each employee working at the school for 3.5 hours each day that
the school is open for students. The District shall pay CPC the total sum of
$25,724.00 with the hourly rate per greeter being $9.62, which includes the
greeter’s hourly wage to be paid by CPC plus fringe benefits, indirect costs,
and program administration expenses.
c. This contract was signed on August 18, 2004, by SDCY Board President
Jeffrey Kirkland and George Moore, Executive Director of CPC.
42. The 2004/2005 school year contract to provide greeters was approved by the SDCY
Board on August 18, 2004.
a. Minutes note the following:
“By Motion of Mr. Thomas Foust and Second by Mr. Freeland, it was
resolved that the attached contract between the School District of the City of
York and the Community Progress Council be approved. Thomas Foust and
Barry Freeland abstain.” Vote 6-0-2.
b. Conflict of interest memos attached for Thomas Foust and Barry Freeland.
43. A contract between SDCY and CPC for greeters and teaching assistants for the
2005/2006 school year became effective September 7, 2005.
a. The contract involved CPC providing the SDCY with “four (4) of its
employees to act as Greeters at the School District’s following schools:
William Penn Senior High School, Hannah Penn Middle School, Edgar Fahs
Smith Middle School and McKinley Elementary School.
1. CPC shall assign one (1) greeter to each school.
b. CPC also agrees to provide one (1) Teaching Assistant to the Spanish
Immersion Program at AD. Goode Elementary School.”
c. The contract called for total payments of $32,155.00 for all of the positions.
44. Minutes of the SDCY Board meeting of August 17, 2005, confirm the following:
“Approve CPC agreement-Agreement between the Community Progress Council
and the York City School District for the 2005-2006 school year be approved as
attached.”
Freeland, 10-021
Page 11
a. Freeland abstained from Board action taken on August 17, 2005, approving
this contract.
b. The District and CPC agreed that the hourly rate per employee be $9.62,
which included the employee’s hourly wage paid by CPC, fringe benefits,
indirect costs and program administration expenses.
c. Contract terms were based on employees working 3.5 hours each day the
school is open.
d. The contract was signed by SDCY Board President Jeffrey Kirkland on
August 17, 2005, and George Moore, Executive Director of CPC, on August
19, 2005.
45. Minutes of the March 15, 2006, Board meeting confirm that the Board authorized
additional hours of work for greeters as noted:
“By Motion of Mr. Barry Freeland and Seconded by Ms. Ellen Johnson, it was
resolved that the CPC greeter at Smith be allowed to work an additional three hours
per day.” Vote 6-0-1, Abstention: Freeland.
46. Minutes of the August 16, 2006, Board meeting reflect the following regarding
Board approval of the 2005/2006 [sic] Greeter/Teaching Assistant contract with
CPC:
“By Motion of Mr. Barry Freeland and Seconded by Mr. Thomas Foust, it was
resolved that Community Progress Council and The Board of Directors of the
School District of the City of York enter into an agreement for greeters at William
Penn Senior High School, Hannah Penn Middle School, Edgar Fahs Smith Middle
School and Goode Elementary School from August 22, 2006 through June 8, 2007,
be approved as presented.” Vote: 6-0-1, Abstention: Barry Freeland.
47. The contract for greeters and teaching assistants covering the period August 22,
2006, through June 8, 2007, was for the same positions and school locations as the
2005/2006 contract: “four (4) of its employees (CPC) to act as Greeters at the
School District’s following schools:
a. William Penn Senior High School, Hannah Penn Middle School, Edgar Fahs
Smith Middle School and McKinley Elementary School.
b. CPC shall assign one (1) greeter to each school. CPC also agrees to
provide one (1) Teaching Assistant to the Spanish Immersion Program at
AD. Goode Elementary School.”
c. This contract called for total payments for all of the positions of $39,710.04.
1. This was an increase of $9,555.04 [sic] over the 2005/2006 contract.
d. The District and CPC agreed to an hourly rate per employee of $9.62, which
included the employee’s hourly wage paid by CPC, fringe benefits, indirect
costs and program administration expenses.
e. Hourly rates were reduced to $9.57 per hour with the total number of hours
worked per position, per day, remaining at 3.5 with the exception of the
greeter at Edgar Fahs Smith Middle School.
Freeland, 10-021
Page 12
1. The greeter position hours were increased from 3.5 to 7.5 hours per
day.
f. The contract was signed by SDCY Board President Jeffrey Kirkland on
August 16, 2006, and George Moore, Executive Director of CPC, on August
18, 2006.
48. An agreement for senior greeters and a teaching assistant for the 2007/2008 school
year was enacted between CPC and the SDCY on August 20, 2007.
a. The total cost of this contract was $49,763.45 and covered the period August
20, 2007, through June 8, 2008.
b. The number of greeters was increased by one, to five in total.
1. An additional school location for a greeter was added; Duke Street
Alternative School.
c. The hourly rate for this contract was increased to $10.15 per hour.
d. The contract on file with SDCY was not signed by either SDCY or CPC
officials.
49. The greeter/teaching assistant contract for the 2007/2008 school year was
approved by the SDCY Board on June 20, 2007.
a. Barry Freeland was absent from this meeting.
50. On or about July 23, 2008, the SDCY Board of Directors approved a contract with
CPC to provide greeters/teaching assistants for the 2008/2009 school year.
a. Freeland was not a Member of the Board when this contract was approved.
b. Freeland was CPC’s point of contact for this contract and represented CPC
before the SDCY within one year of leaving his elected position.
1. Freeland primarily interacted with SDCY employees.
51. Contract terms were effective August 26, 2008, and covered the period August 26,
2008, through June 9, 2009.
a. This contract was for the same positions and school locations as the
previous ones: “Six (6) of its employees (CPC) to act as Greeters at the
School District’s following schools: Two (2) at William Penn Senior High
School, One (1) Greeter at Edgar Fahs Smith Middle School, One (1)
Greeter at Duke Street Alternative School, and two (2) Greeters at Ferguson
Elementary School.
b. CPC also agrees to provide one (1) Teaching Assistant to the Spanish
Immersion Program at AD. Goode Elementary School and one (1) Teaching
Assistant to the Spanish Immersion Program at Devers Elementary.”
c. The contract called for total payments for all of the positions of $66,651.23.
d. Hourly rates were $10.57 per hour with the total number of hours worked per
position, per day, remaining at 3.5 with the exception of the greeter at Edgar
Fahs Smith Middle School; that position was set at 7.5 hours per day.
Freeland, 10-021
Page 13
e. The contract was signed by SDCY Board President Janette Torres on July
23, 2008.
52. Correspondence dated July 24, 2008, from Jon Boyer, Director of Finance, SDCY
informed Barry Freeland of CPC of the following SDCY Board Resolution approved
July 23, 2008:
“Be It Resolved that the Community Progress Council and the Board of Directors of
the School district of the City of York enter into an agreement for Greeters at
William Penn Senior High School, Hannah Penn Middle School, Edgar Fahs Smith
Middle School; Duke Street Alternative School and Goode Elementary School and
Teachers Aides for the Spanish Immersion Program at Goode Elementary School
and Devers Elementary from August 26, 2008 through June 9, 2009 be approved as
presented.”
a. Freeland was not a Member of the SDCY Board of Directors in 2008.
53. As an employee of CPC, Freeland was involved in emails with SDCY officials where
he discussed contract information.
a. On June 8, 2007, Freeland sent an email to Michael Johnson, Acting
Director of Business & Finance SDCY providing contract process.
b. On June 11, 2007, Freeland was copied on an email sent by Michael
Johnson to Brad Harman and Jesse Rawls, Jr. regarding “CPC Contracts-
Senior Greeter at William Penn.”
1. The basis for the email was to discuss contract issues including titles
and reporting procedures.
2. The email read as follows:
Brad and Jesse:
In talking with Barry Freeland this morning it seems that there are a
couple of loose ends to be tied up before we ask the Board to
approve the Senior Greeter contract.
Barry asked that the two of you get together and get back to Barry
and me with a joint recommendation that includes:
1. Job Title – Senior Greeter – not Building Surveillance
Technician
2. Job Description for Senior Greeter (Brad proposes that key fob
updates not be done by this Senior Greeter)
3. Absence Reporting Procedure for Senior Greeter and Greeters.
54. The SDCY process for approving payment of bills/invoices is as follows:
a. The bill paying process gets initiated upon the District’s receipt of a vendor
invoice.
b. Invoices are reviewed by the Business Manager and District Administrator in
charge of the building the services were provided at.
Freeland, 10-021
Page 14
c. The purpose for the dual review was to ensure that the goods and/or
services listed on the invoice were provided.
d. The SDCY Business Department issues payments to vendors on virtually a
weekly basis.
e. The SDCY Business Department compiles monthly bill lists for approval by
the Board of School Directors.
f. Monthly bill lists are provided to Board Members approximately nine (9) days
prior to any voting action on their approval.
55. The SDCY Board of School Directors approves monthly bill lists as part of the
approval of items under the “consent agenda.”
a. The District’s monthly consent agenda includes items such as bill lists,
correspondence, prior meeting minutes and other action items that do not
require any additional consideration by the Board.
b. Board Members also manually sign a document authorizing the approval of
the monthly bill list.
56. SDCY monthly bill lists are typically in excess of thirty pages.
a. Bill lists are provided to Board Members as part of their monthly meeting
packets for review.
b. Approval of the monthly bill lists includes Board action approving the month’s
consent agenda items, which generally will include the bill lists and
physically signing a cover sheet specifically authorizing the payments.
c. Language on these approval cover sheets states: “We, the undersigned
Members of the Board of School Directors, of the City of York, Pennsylvania,
certify that the bills are correct and approve payment of same.”
d. Language in the meeting minutes when included states: “All work and
purchases be approved and invoices paid in accordance with the itemized
list furnished each member of the Board in the total amounts indicated
below.”
e. This is generally followed by total with no specific vote recorded. The
recorded vote is on the approval of the entire consent agenda, which these
payments are part of.
57. Business records of the SDCY include ledgers detailing invoices from CPC, a
limited description of the invoice and corresponding payment information covering
the period July 2005 through November 2007.
a. Between December 19, 2005, and October 17, 2007, CPC submitted and
received payment for approximately 86 invoices totaling $151,151.98.
b. Invoice and payment total by year was as follows:
Time FrameInvoicesPayments
December 2005 1 $12,126.01
Freeland, 10-021
Page 15
2006 59 $87,722.97
2007 thru October 26 $51,303.00
86 $151,151.98
58. The following chart details all SDCY payments issued to CPC between December
2005 and November 2007, including the number of pages of the bill list, which
included the payment(s), the meeting date at which it was approved, the number of
Board Members who signed the bill list cover sheet and Freeland’s official actions
approving payment.
Ch # Date Amount Pgs Signed Members Mtg Date Official Action Consent
Item
171397 12/19/05 $12,126.01 26 Yes 8 11/16/05 Motion, Vote Bill Lists
173765 02/22/06 $7,001.16 24 Yes 7 03/15/06 Motion, Vote Bill Lists
173993 03/08/06 $5,476.15 29 No 7 04/26/06 Absent
174488 04/05/06 $5,933.82 24 Yes 8 05/31/06 Vote Bill Lists
174571 04/12/06 $8,833.39 24 Yes 8 05/31/06 Vote Bill Lists
175038 05/10/06 $8,900.73 27 Yes 8 06/21/06 Motion, Vote Bill Lists
175296 05/24/06 $14,575.93 27 Yes 8 06/21/06 Motion, Vote Bill Lists
175793 06/21/06 $6,833.18 25 Yes 6 07/26/06 Vote Bill Lists
176781 08/30/06 $675.00 25 Yes 9 09/20/06 Motion, Vote Bill Lists
177000 09/13/06 $6,326.47 23 Yes 9 10/18/06 Motion, Vote Bill Lists
177266 09/27/06 $272.80 23 Yes 9 10/18/06 Motion, Vote Bill Lists
177882 11/01/06 $9,611.26 27 Yes 7 12/18/06 Motion, Vote Bill Lists
178334 11/29/06 $5,965.18 27 Yes 7 12/18/06 Motion, Vote Bill Lists
178588 12/13/06 $450.00 23 Yes 7 01/17/07 Motion, Vote Bill Lists
178849 12/27/06 $6,867.90 23 Yes 7 01/17/07 Motion, Vote Bill Lists
179432 01/31/07 $150.00 25 Yes 6 03/21/07 Motion, Vote Bill Lists
179595 02/07/07 $6,099.10 25 Yes 6 03/21/07 Motion, Vote Bill Lists
180747 04/18/07 $661.25 17 Yes 7 05/16/07 Motion, Vote Bill Lists
181012 05/09/07 $18,746.35 31 No 7 06/20/07 Absent
181172 05/16/07 $225.00 31 No 7 06/20/07 Absent
181698 06/13/07 $8,384.98 24 Yes 8 07/18/07 Motion, Vote Bill Lists
182398 07/25/07 $5,513.82 19 Yes 9 08/15/07 Motion, Vote Bill Lists
183004 09/05/07 $3,484.37 24 Yes 6 10/17/07 Vote Bill Lists
183525 10/03/07 $400.00 26 Yes 5 11/20/07 Motion, Vote Bill Lists
183814 10/17/07 $7,638.13 26 Yes 5 11/20/07 Motion, Vote Bill Lists
59. Between December 19, 2005, and November 20, 2007, Freeland signed
approximately fifteen (15) bill list approval cover sheets authorizing payments
totaling at least $126,704.48 made by SDCY to CPC.
60. In addition to the payments CPC received from the SDCY, CPC also received
payments from the City of York as part of crossing guard contracts with SDCY and
[CPC] between July 29, 2005, and September 18, 2007.
a. Freeland did not play any role in the approval of these payments.
61. Freeland’s compensation at CPC is based on funding the Senior Employment
Program receives from the Federal Department of Labor through the National
Council on Aging.
a. CPC also receives an administrative fee from the SDCY built in to each
contract.
b. CPC’s administrative fee charged as part of the contracts is approximately
nine (9) percent.
c. CPC’s administrative fees for the three-way crossing guard contracts are
specified in the contract.
Freeland, 10-021
Page 16
d. The administration fee is used by CPC to cover non-salaried program costs,
including program overhead costs and recognition activities and awards for
the participants.
62. Crossing guard contracts included administrative fees totaling $12,526.13 for
contracts dated December 20, 2005, August 7, 2006, and June 20, 2007.
63. Based on a nine (9) percent administrative fee built into the contracts CPC had
exclusively with the SDCY for senior greeters, teachers’ aides and surveillance
technicians, CPC received administrative fees totaling approximately $13,603.68
between December 19, 2005, and October 17, 2007.
64. Barry Freeland’s employer, CPC, received payments from public sources as a result
of contracts and bills he participated in the approval of between July 29, 2005, and
November 2007.
65. Freeland’s use of the authority of his public office as outlined below furthered
CPC’s business relationship with SDCY resulting in a financial gain to CPC.
a. Served as the point of contact at CPC on SDCY contracts with CPC for all
services provided by CPC to the District excluding the Pre-K program.
b. Provided School District personnel with quotes for services to be provided by
CPC while simultaneously serving on the SDCY Board of School Directors.
c. Made or seconded Board motions to approve District contracts with CPC
based on quotes he provided to SDCY employees.
d. Participated in fifteen (15) separate Board actions approving payments to his
employer CPC between July 29, 2005, and November 2007.
66. CPC realized a private pecuniary gain as a result of administrative fees received
from the SDCY from contracts Freeland participated in approving.
III.DISCUSSION:
As a Member of the Board of Directors (“Board”) of the School District of the City of
York (“SDCY”) from approximately December 1999 through November 2007, Respondent
Barry Freeland, also referred to herein as “Respondent,” “Respondent Freeland,” and
“Freeland,” was 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 Freeland violated Sections 1103(a) and 1103(f) of the
Ethics Act when a business with which he is associated, Community Progress Council, Inc.
(“CPC”), entered into a contract with the SDCY in excess of $500.00 without an open and
public process; when he participated in discussions of the Board resulting in the contract
being awarded to CPC; and when he participated in actions of the Board to approve
payments issued to CPC.
Per the Consent Agreement, the Investigative Division has exercised its
prosecutorial discretion to nol pros the allegation under Section 1103(f) of the Ethics Act.
Based upon the nol pros, we need not address the Section 1103(f) allegation that is no
longer before us.
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:
Freeland, 10-021
Page 17
§ 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" or "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest."
Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official/public employee from
using the authority of public office/employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official/public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Respondent Freeland served as a Member of the Board from approximately
December 1999 through November 2007.
Professionally, Respondent has been employed by CPC since approximately
December 11, 2001. CPC is a non-profit corporation offering various services, including a
Senior Community Services Employment Program that provides training to lower income
senior citizens to enable them to reenter the work force.
Respondent has served as the Program Director for CPC since October 27, 2003.
Respondent’s responsibilities as CPC Program Director include, inter alia, overall
management of CPC programs, job site monitoring and job development.
Respondent’s position at CPC is contingent upon CPC annually receiving Senior
Community Services Employment Program funding from the National Council on Aging.
Respondent’s compensation at CPC is based upon and paid through such funding. CPC
applies to the National Council on Aging for program funding each year.
Freeland, 10-021
Page 18
Since at least 2003, CPC has contracted with the SDCY to provide crossing guards,
senior greeters, surveillance technicians, teachers’ aides and administration/operation of
the Pre-K Program. Respondent coordinated CPC’s contracts with the SDCY for senior
greeters, surveillance technicians and teachers’ aides. Crossing guards were a joint effort
between CPC, the City of York and the SDCY. Respondent had no supervisory
responsibility of the Pre-K Counts program.
Between August 2005 and November 2007, CPC entered into approximately eleven
agreements with the SDCY and/or the City of York for services provided by CPC.
Respondent submitted contracts on behalf of CPC to the SDCY Business Office for
consideration and approval by the Board. Contracts were submitted annually for the
upcoming school year. Any questions on contract terms would be directed to
Respondent’s attention at CPC. The SDCY did not follow a formal bid process when
contracting with CPC because the contracts were viewed as being for professional
services.
Respondent, in his official capacity as a Member of the Board, participated in
discussions and official Board actions resulting in contracts being awarded and payments
being made to CPC. Respondent routinely would participate in any discussions on the
contract(s) and their renewal(s). Respondent would routinely make or second a Board
motion relating to CPC and then abstain from the actual vote. Respondent would submit
abstention memos citing a conflict of interest based upon CPC being his employer.
Pre-K Counts Program:
On August 15, 2007, Respondent participated in the vote of the Board to approve a
Collaboration Agreement between the SDCY and the CPC pertaining to the Pre-K Counts
program. The SDCY was to subcontract with CPC to advertise for, hire and pay six
classroom teachers and six aides. The Collaboration Agreement between SDCY and CPC
provided for a pass-through of $476,748.00 for the 2007-2008 school year. Minutes of the
August 15, 2007, Board meeting confirm that the motion to approve the Collaboration
Agreement was made by Respondent and was approved following a 9-0 vote.
Respondent was not on the Board when the Pre-K Counts grant program was
renewed for the 2008-2009 and 2009-2010 school years.
Head Start Program:
As early as the 2005-2006 school year, CPC, operating Head Start of York County,
entered into an agreement with the SDCY to use space at McKinley Elementary School to
operate the Head Start Program. The agreement provided for CPC/Head Start to use
school facilities at no cost. The agreement was approved by the Board on August 17,
2005. The Board meeting minutes do not note any vote or participation by Respondent as
to the approval of this agreement.
On October 17, 2007, the Board approved an agreement with CPC/Head Start of
York County permitting the use of Hannah Penn Middle School as an evacuation site for
the Head Start Program. Respondent made the motion to approve this agreement but
abstained from the Board vote approving the agreement. An abstention memo attached to
the meeting minutes noted Respondent was a CPC employee.
Crossing Guard Contracts:
The City of York, through the City Police Department, is responsible for providing
school crossing guards during school days at the SDCY’s schools. The City has been
unable to provide the necessary manpower for the crossing guards.
Freeland, 10-021
Page 19
In or about the fall of 2005, Paula Denton (“Denton”), Director of Business and
Finance for the SDCY, discussed with Respondent the possibility of CPC providing
qualified people to serve as crossing guards through CPC’s Senior Community Services
Employment Program. Respondent informed Denton that CPC could assist in finding
seniors to be hired as crossing guards. Based upon CPC’s ability to provide seniors to be
utilized by the City of York as crossing guards, three-way agreements between the City,
SDCY and CPC were entered into beginning with a contract dated December 14, 2005.
At the December 14, 2005, Board meeting, Respondent made the motion to approve
the School Crossing Guard agreement but abstained from the Board vote approving the
agreement. Respondent signed a conflict of interest memorandum reflecting that he
abstained from the Board vote because he was an employee of CPC. The terms of the
three-way agreement provided that: (1) the City of York was responsible for paying CPC
the sum of $4,030.66 per year for its services; (2) the SDCY was responsible for
reimbursing the City 75% of the costs for the school crossing guards and 75% of the
amount paid by the City to CPC for its services under the agreement; and (3) CPC was
responsible for providing a sufficient number of reliable individuals to apply for, and be
appointed to, school crossing guard positions with the City, and a compensated supervisor
to monitor the school crossing guards. The supervisor was to be compensated at the rate
of $9.00 per hour for a total cost of $972.00 per year, which cost was included in the
aforesaid $4,030.66 paid by the City to CPC.
Board meeting minutes confirm that the Board approved additional three-way
agreements involving CPC and the City of York in 2006, 2007 and 2008. Respondent was
the SDCY’s point of contact at CPC for crossing guard contracts.
On August 16, 2006, in his capacity as a Board Member, Respondent made the
motion to approve the 2006-2007 contract for school crossing guards but abstained from
the Board vote approving the contract.
Respondent was absent from the Board’s June 20, 2007, meeting when the 2007-
2008 contract was approved. Respondent was not on the Board when the 2008-2009
contract was approved.
Surveillance Technician Contracts:
Beginning in 2005, the SDCY and CPC entered into contracts by which CPC
provided Surveillance Technicians to the SDCY. These contracts were initiated as a result
of a request made by Denton to Respondent.
On August 8, 2005, the SDCY and CPC entered into an agreement whereby CPC
was to provide to the SDCY one CPC employee to act as a Building Surveillance
Technician at William Penn Senior High School from September 8, 2005, through June 15,
2006. The SDCY agreed to pay CPC the sum of $25,000.00 for the contract period. This
agreement was signed by the Board President on October 19, 2005, and the CPC
Executive Director on October 20, 2005. The agreement was ratified by the Board on
October 19, 2005. Respondent made the motion to approve the resolution to enter into the
agreement but abstained from the Board vote approving the resolution. A conflict of
interest memorandum attached to the meeting minutes noted that Respondent was an
employee of CPC.
On August 23, 2006, the SDCY and CPC entered into an agreement whereby CPC
was to provide to the SDCY one CPC employee to act as a Building Surveillance
Technician at William Penn Senior High School from August 23, 2006, through June 8,
2007. The SDCY agreed to pay CPC the sum of $25,818.00 for the contract period. At the
Board meeting on August 16, 2006, Respondent made the motion to approve the
agreement but abstained from the Board vote to approve the agreement.
Freeland, 10-021
Page 20
On August 20, 2007, the SDCY and CPC entered into an agreement for the 2007-
2008 school year whereby CPC was to provide to the SDCY one CPC employee to act as
a Building Surveillance Technician at William Penn Senior High School from August 20,
2007, through June 5, 2008. The SDCY agreed to pay CPC the sum of $30,000.00 for the
contract period. There was no action taken by the Board to approve this Building
Surveillance Technician contract.
Greeter/Teaching Assistant Contracts:
CPC began providing greeters to the SDCY in 2004.
On August 18, 2004, the Board approved a 2004-2005 school year contract
between SDCY and CPC providing that CPC would supply the SDCY with four CPC
employees to act as greeters at specified SDCY schools from September 8, 2004, through
June 15, 2005. The SDCY was to pay CPC the total sum of $25,724.00. Respondent
seconded the motion but abstained from the Board vote to approve this contract. A conflict
of interest memorandum was attached to the minutes for Respondent. This contract was
signed on August 18, 2004, by the Board President and the CPC Executive Director.
On August 17, 2005, the Board approved a 2005-2006 school year contract
between SDCY and CPC providing that CPC would supply the SDCY with four CPC
employees to act as greeters at specified SDCY schools. CPC also agreed to provide one
teaching assistant at a specified SDCY elementary school. The contract called for total
payments in the amount of $32,155.00 for all of the positions. Respondent abstained from
the Board action approving this contract. The contract was signed by the Board President
on August 17, 2005, and by the CPC Executive Director on August 19, 2005. On March
15, 2006, the Board authorized three additional hours of work per day for one of the CPC
greeters. Respondent made the motion but abstained from the Board vote approving the
additional hours.
On August 16, 2006, the Board approved a 2006-2007 school year contract
between SDCY and CPC providing that CPC would supply the SDCY with four CPC
employees to act as greeters at specified SDCY schools. CPC also agreed to provide one
teaching assistant at a specified SDCY elementary school. The contract covered the
period August 22, 2006, through June 8, 2007. This contract called for total payments in
the amount of $39,710.04 for all of the positions. Respondent made the motion but
abstained from the Board vote to approve this contract. This contract was signed by the
Board President on August 16, 2006, and by the CPC Executive Director on August 18,
2006.
On June 20, 2007, the Board approved a 2007-2008 school year contract between
SDCY and CPC providing that CPC would supply the SDCY with five greeters and a
teaching assistant. This contract covered the period August 20, 2007, through June 8,
2008. The total cost of this contract was $49,763.45. Respondent was absent from the
meeting at which the Board approved this contract.
On or about July 23, 2008, the Board approved a contract with CPC whereby CPC
was to provide six greeters and two teaching assistants for the 2008-2009 school year.
This contract called for total payments in the amount of $66,651.23 for all of the positions.
Respondent was not a Member of the Board when this contract was approved.
Respondent was CPC’s point of contact for this contract and represented CPC before the
SDCY within one year of leaving his elected position. Respondent primarily interacted with
SDCY employees.
Respondent’s Participation in Approving Payments to CPC:
Freeland, 10-021
Page 21
Between December 19, 2005, and October 17, 2007, CPC submitted and received
payment from the SDCY for approximately 86 invoices totaling $151,151.98. Between July
29, 2005, and November 2007, Respondent participated in 15 separate Board actions
approving payments to CPC. The chart at Fact Finding 58 details all SDCY payments
issued to CPC between December 2005 and November 2007, and Respondent’s official
actions approving payment. Respondent voted to approve 22 of the 25 SDCY checks
issued to CPC from December 19, 2005, through October 17, 2007. In most instances,
Respondent also made the motion to approve payment. Between December 19, 2005, and
November 20, 2007, Respondent signed approximately 15 bill list approval cover sheets
authorizing payments totaling at least $126,704.48 made by SDCY to CPC.
In addition to the payments CPC received from the SDCY, CPC also received
payments from the City of York as part of crossing guard contracts with SDCY and CPC
between July 29, 2005, and September 18, 2007. Respondent did not play any role in the
approval of these payments.
CPC receives an administrative fee from the SDCY, which is built in to each
contract. The administration fee is used by CPC to cover non-salaried program costs,
including program overhead costs and recognition activities and awards for the
participants.
The crossing guard contracts dated December 20, 2005, August 7, 2006, and June
20, 2007, included administrative fees totaling $12,526.13.
Between December 19, 2005, and October 17, 2007, CPC received administrative
fees totaling approximately $13,603.68 for CPC contracts with the SDCY for senior
greeters, teachers’ aides and surveillance technicians.
The parties have stipulated that Respondent’s use of the authority of his public
office furthered CPC’s business relationship with SDCY, resulting in a financial gain to
CPC. CPC received payments from public sources as a result of contracts and bills
Respondent participated in approving between July 29, 2005, and November 2007. CPC
realized a private pecuniary gain as a result of administrative fees received from the SDCY
from contracts Respondent participated in approving.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
3. The Investigative Division will recommend the following in
relation to the above allegations:
a. That a violation of Section 1103(a) of the Public Official
and Employee Ethics Act, 65 Pa.C.S. §1103(a),
occurred in relation to Freeland’s participation in
discussions as a Member of the York City School
District Board of Directors which resulted in contracts
being awarded to Community Progress Council, Inc., a
business with which he is associated; and when he
participated in actions of the Board to approve
payments issued to CPC.
b. As part of a negotiated settlement agreement, the
allegations arising under §1103(f), namely that
Freeland entered into a contract with the School District
Freeland, 10-021
Page 22
in excess of $500.00 without an open and public
process with a company with which he is associated,
Community Progress Council, Inc., are hereby nol
prossed.
4. Freeland agrees that in settlement of this matter the following
will occur:
a. Freeland agrees to make payment of $500.00 in
settlement of this matter payable to the York City
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. Community Progress Council, Inc., in an effort to divest
themselves of their financial gain, will provide
$10,000.00 worth of free services through the Senior
Employment Program, including, but not limited to
providing greeters, classroom aides, lavatory monitors,
custodial and clerical support, to the York City School
District, over the next school year (2011-2012).
Verification of the total hours and/or value of services
provided will be provided to the State Ethics
Commission upon rendering of same.
5. Freeland agrees to not accept any reimbursement,
compensation or other payment from the York City School
District representing a full or partial reimbursement of the
amount paid in settlement of this matter.
6. 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 accept the recommendation of the
parties for a finding that a violation of Section 1103(a) of the Ethics Act occurred in relation
to Respondent’s participation in discussions as a Member of the Board which resulted in
contracts being awarded to CPC, a business with which he is associated; and when he
participated in actions of the Board to approve payments issued to CPC.
Based upon the Stipulated Findings, Respondent, in his official capacity as a
Member of the Board, participated in discussions and official Board actions resulting in
contracts being awarded and payments being made to CPC. Respondent routinely would
participate in any discussions on the contract(s) and their renewal(s). Respondent would
routinely make or second a Board motion relating to CPC and then abstain from the actual
vote. Respondent would submit abstention memos citing a conflict of interest based upon
CPC being his employer.
Freeland, 10-021
Page 23
On August 15, 2007, Respondent participated in the vote of the Board to approve a
Collaboration Agreement between the SDCY and the CPC pertaining to the Pre-K Counts
program. The motion to approve the Collaboration Agreement was made by Respondent
and was approved following a 9-0 vote.
On October 17, 2007, Respondent made the motion but abstained from the Board
vote approving an agreement with CPC/Head Start of York County permitting the use of
Hannah Penn Middle School as an evacuation site for the Head Start Program.
At Board meetings on December 14, 2005, and August 16, 2006, Respondent made
the motions to approve School Crossing Guard agreements involving the City of York and
CPC but abstained from the Board votes approving the agreements. Respondent was the
SDCY’s point of contact at CPC for crossing guard contracts.
At Board meetings on October 19, 2005, and August 16, 2006, Respondent made
the motions but abstained from the Board votes to approve surveillance technician
contracts between the SDCY and CPC.
At Board meetings on August 18, 2004, and August 16, 2006, Respondent made or
seconded the motions but abstained from the Board votes to approve greeter/teaching
assistant contracts between the SDCY and CPC. On March 15, 2006, Respondent made
the motion but abstained from the Board vote approving additional hours of work for one of
the CPC greeters under the 2005-2006 school year greeter/teaching assistant contract.
During the first year following Respondent’s termination of service as a Member of
the Board, Respondent was CPC’s point of contact for the greeter/teaching assistant
contract between the SDCY and CPC for the 2008-2009 school year. The parties have
stipulated that as to this contract, Respondent represented CPC before the SDCY within
one year of leaving his elected position. However, based upon the allegations, that
particular conduct is not before us for review.
As for Respondent’s participation in approving payments to CPC, the parties have
stipulated that between July 29, 2005, and November 2007, Respondent participated in 15
separate Board actions approving payments to CPC. The chart at Fact Finding 58 details
all SDCY payments issued to CPC between December 2005 and November 2007, and
Respondent’s official actions approving payment. Respondent voted to approve 22 of the
25 SDCY checks issued to CPC from December 19, 2005, through October 17, 2007. In
most instances, Respondent also made the motion to approve payment. Between
December 19, 2005, and November 20, 2007, Respondent signed approximately 15 bill list
approval cover sheets authorizing payments totaling at least $126,704.48 made by SDCY
to CPC.
The parties have stipulated that Respondent’s use of the authority of his public
office furthered CPC’s business relationship with SDCY, resulting in a financial gain to
CPC. CPC received payments from public sources as a result of contracts and bills
Respondent participated in approving between July 29, 2005, and November 2007. CPC
realized a private pecuniary gain as a result of administrative fees received from the SDCY
from contracts Respondent participated in approving.
With each element of a violation of Section 1103(a) established, we hold that a
violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to
Respondent’s participation in discussions as a Member of the Board which resulted in
contracts being awarded to CPC, a business with which he is associated; and when he
participated in actions of the Board to approve payments issued to CPC.
Freeland, 10-021
Page 24
As part of the Consent Agreement, Respondent has agreed to make payment in the
amount of $500.00 payable to the York City School District and forwarded to this
Commission within thirty (30) days of the issuance of the final adjudication in this matter.
Respondent has agreed that in an effort to divest itself of its financial gain, CPC will
provide $10,000.00 worth of free services to the SDCY over the next school year (2011-
2012) through the Senior Employment Program, including, but not limited to, providing
greeters, classroom aides, lavatory monitors, and custodial and clerical support.
Verification of the total hours and/or value of services provided will be provided to this
Commission upon rendering of same.
Respondent has further agreed to not accept any reimbursement, compensation or
other payment from the SDCY representing a full or partial reimbursement of the amount
paid in settlement of this matter.
We determine that the Consent Agreement submitted by the parties sets forth a
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Respondent Freeland is
directed to make payment in the amount of $500.00 payable to the York City School
th
District and forwarded to this Commission by no later than the thirtieth (30) day after the
mailing date of this adjudication and Order.
Respondent Freeland is directed to achieve compliance as to the parties’
agreement set forth in the Consent Agreement that CPC will provide $10,000.00 worth of
free services to the SDCY over the next school year (2011-2012) through the Senior
Employment Program, including, but not limited to, providing greeters, classroom aides,
lavatory monitors, and custodial and clerical support, and that verification of the total hours
and/or value of services provided will be provided to this Commission upon rendering of
same.
Respondent Freeland is further directed to not accept any reimbursement,
compensation or other payment from the SDCY representing a full or partial
reimbursement of the amount paid in settlement of this matter.
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 Board of Directors (“Board”) of the School District of the City of
York (“SDCY”) from approximately December 1999 through November 2007,
Respondent Barry Freeland (“Freeland”) was a public officialsubject to the
provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S.
§ 1101 et seq.
2. Freeland violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in
relation to his participation in discussions as a Member of the Board which resulted
in contracts being awarded to Community Progress Council, Inc. (“CPC”), a
business with which he is associated; and when he participated in actions of the
Board to approve payments issued to CPC.
In Re: Barry Freeland, : File Docket: 10-021
Respondent : Date Decided: 9/27/11
: Date Mailed: 10/12/11
ORDER NO. 1595
1. As a Member of the Board of Directors (“Board”) of the School District of the City of
York (“SDCY”), Barry Freeland (“Freeland”) violated Section 1103(a) of the Public
Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), in relation to
his participation in discussions as a Member of the Board which resulted in
contracts being awarded to Community Progress Council, Inc. (“CPC”), a business
with which he is associated; and when he participated in actions of the Board to
approve payments issued to CPC.
2. Per the Consent Agreement of the parties, Freeland is directed to make payment in
the amount of $500.00 payable to the York City School District and forwarded to the
th
Pennsylvania State Ethics Commission by no later than the thirtieth (30) day after
the mailing date of this Order.
3. Freeland is directed to achieve compliance as to the parties’ agreement set forth in
the Consent Agreement that CPC will provide $10,000.00 worth of free services to
the SDCY over the next school year (2011-2012) through the Senior Employment
Program, including, but not limited to, providing greeters, classroom aides, lavatory
monitors, and custodial and clerical support, and that verification of the total hours
and/or value of services provided will be provided to the Pennsylvania State Ethics
Commission upon rendering of same.
4. Freeland is further directed to not accept any reimbursement, compensation or
other payment from the SDCY representing a full or partial reimbursement of the
amount paid in settlement of this matter.
5. Compliance with the Consent Agreement of the parties and Paragraphs 2, 3, and 4
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