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In Re: Mark Kirkwood, : File Docket: 10-048
Respondent : X-ref: Order No. 1606
: Date Decided: 9/24/12
: Date Mailed: 10/5/12
Before: John J. Bolger, Chair
Donald M. McCurdy, Vice Chair
Raquel K. Bergen
Nicholas A. Colafella
Mark Volk
Mark R. Corrigan
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding possible violation(s) of the Public Official and Employee Ethics
Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the
commencement of its investigation, the Investigative Division served upon Respondent
written notice of the specific allegation. 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 Mark Kirkwood, a public official/public employee in his capacity as a Board
Member of the New Castle Area School District, violated Section 1103(a) of the State
Ethics Act (Act 93 of 1998), 65 Pa.C.S. § 1103(a), when he used the authority of his public
position for the private pecuniary benefit of himself and/or a member of his immediate
family to obtain college credits for his son at reduced costs thereby enabling the son to
receive an athletic scholarship.
II.FINDINGS:
1. Mark Kirkwood has served as a Member of the New Castle Area School District
Board of Directors (hereafter “Board”) from approximately 2003 to the present.
a. Kirkwood has served as Vice President of the Board from approximately
2010 to the present.
b. Kirkwood has served as a Member of the following Board committees during
his tenure as a Board Director: Athletic, Building & Grounds, Finance,
Education, and Personnel.
Kirkwood, 10-048
Page 2
2. New Castle Area School District (hereafter “District”) is governed by a nine Member
Board of Directors.
a. District legislative meetings are held on the second Wednesday after the first
Monday of the month.
b. Caucus meetings are held on the Monday before the Wednesday legislative
meeting.
c. Committee meetings and special meetings are held as necessary.
3. Voting at District meetings occurs via either individual or roll call vote.
a. Abstentions or objections are specifically noted in the minutes.
1. Minutes of each meeting are approved for accuracy at the
subsequent meeting held.
4. The Board of Directors receives informational packets as early as the Friday before
the Monday caucus meeting regarding situations, issues, events, etc., which have
occurred since the last legislative meeting.
a. The packets are developed by the Superintendent, Assistant to the
Superintendent, and the Business Manager.
1. The information is compiled and organized by District administrative
assistant(s) to the Superintendent/Assistant Superintendent.
b. The packets include information such as the caucus meeting agenda, the
Superintendent’s report, the Business Manager’s report, support
documentation related to items on the agenda, etc.
1. Informational handouts (not included in the prepared packets) are
occasionally provided at caucus meetings to the Board Directors in
attendance.
2. Board Directors absent from caucus meetings are provided the
handouts that were distributed during their absence, upon request.
5. The Board of Directors vote to approve a listing of bills at each legislative meeting.
a. The listing of bills approved represents those bills received by the District
since the last legislative meeting.
6. District signature authority is maintained by the Business Manager.
7. Seton Hill University (hereafter “SHU”) is an accredited university located at One
Seton Hill Drive, Greensburg, PA 15601.
a. SHU has been providing college level education within the Commonwealth
since 1918.
8. SHU has been partnered with school districts located within the Commonwealth in
order to provide the College in High School Program (hereafter “CIHSP”) to eligible
high school students.
Kirkwood, 10-048
Page 3
a. The purpose of the CIHSP is to provide high school students the opportunity
to earn SHU college credits at a reduced cost through completion of
specifically approved high school classes.
1. SHU’s fee for students enrolled at the university was approximately
$705.00 per credit in 2010.
2. The fee for high school students participating in the CIHSP is $220.00
per course regardless of the number of credits assigned to the
course.
9. Eligibility requirements for high school students interested in the CIHSP are as
follows:
a. Participants must be a currently enrolled junior or senior high school student
with the district offering the program.
1. High school graduates and/or high school dropouts are not eligible to
be enrolled in the program.
2. Kirkwood purports that he and his son, Matt Kirkwood, were not made
aware that high school graduates and/or high school drop outs were
not eligible to be enrolled in the program at the time Matt Kirkwood
entered the program at New Castle High School.
a. Respondent maintains that he was later made aware that the
program was only for high school students, currently in school,
by letter dated March 25, 2011.
b. Students must be able to fulfill graduation requirements by the end of [their]
senior year based upon the credits earned and required courses
completed/scheduled.
1. Kirkwood purports that he and his son, Matt Kirkwood, were not made
aware of this requirement at the time Matt Kirkwood entered the
program.
c. Students must have demonstrated a proficiency in reading, writing, and
mathematics through tenth grade.
d. Students must have demonstrated the ability and readiness for college level
coursework in the course(s) being offered by the school district/SHU as
CIHSP course(s).
e. Students must have received a recommendation from the prerequisite
teacher to the CIHSP course confirming the student has the capabilities to
take the CIHSP course.
10. High school junior[s] and seniors who have not demonstrated a proficiency in
reading, writing, and mathematics through tenth grade and/or have not received a
recommendation from their prerequisite teacher can still be enrolled in a CIHSP
course if the following criteria is met:
a. The student is a high school junior with a cumulative grade point average of
3.5 or better.
b. The student has demonstrated exceptional ability in a content area and has
the recommendation of the high school principle, his/her guidance
Kirkwood, 10-048
Page 4
counselor, and has demonstrated proficiency on the most-recently
administered PSSA (Pennsylvania System of School Assessment) exam.
11. The CIHSP requires that students maintain a grade point average of 3.0 and
maintain a minimum grade of a C (2.0) in each CIHSP course in which they are
enrolled.
a. Students who do not meet this requirement are not eligible to receive the
SHU college credits associated with the course(s) in which they were
enrolled.
b. There are no exceptions to this requirement.
12. Beginning in or about January 2010 District Assistant Superintendent/Director of
Curriculum Terence Meehan initiated contacts with SHU officials regarding the
District establishing a program of college level classes for students through SHU.
a. On January 14, 2010, and January 15, 2010, Meehan engaged in a series of
emails with SHU officials Mary Ann Gawelek, Education Department Provost
and Terry DePasquale, Dean of Graduate and External Programs.
b. Meehan’s emails inquired about a partnership between the District and SHU
regarding dual enrollment funding.
13. DePasquale informed Meehan on or about January 22, 2010, that SHU would be
interested in partnering with the District to provide the CIHSP.
a. SHU’s interest was contingent upon the District meeting the requirements
related to the CIHSP.
14. Marlane Busch, Administrative Assistant, Graduate and External Programs, SHU,
emailed Meehan a copy of SHU’s generic dual enrollment agreement and a copy of
the CIHSP handbook on January 22, 2010, at 10:40 a.m.
a. Included within the CIHSP handbook, among other information, is the
following:
Seton Hill University is working together with High Schools to
offer eligible students the opportunity to earn college credits
while in high school through the College in High School
program. College in High School provides students with the
opportunity to get a head start on their college degree while
still in high school. And, the program helps students make a
smooth and successful transition to college by giving then [sic]
a preview of college-level academic work.
15. Meehan issued a memo titled “Board Approval for College in High School” to
District Superintendent George Gabriel on February 5, 2010.
a. Meehan informed Gabriel in the memo that Board action was required to
enter into an agreement with Seton Hill University to provide a College in
High School Program for recommended students in grades eleven and
twelve.
b. Meehan specified in his memo that the program was for recommended
District students in eleventh and twelfth grade.
Kirkwood, 10-048
Page 5
c. Gabriel was aware of Meehan’s intentions to implement the SHU CIHSP
prior to receipt of the February 5, 2010, memo via day-to-day conversations
he had with Meehan.
16. Meehan presented a PowerPoint presentation to the Board related to the CIHSP at
the February 8, 2010, Board caucus meeting.
a. It was at this meeting that the Board was first made aware of Meehan’s
proposal to have SHU’s CIHSP implemented by the District.
b. Kirkwood was present for the February 8, 2010, meeting.
c. Meehan provided a handout to Board Members explaining the PowerPoint
presentation.
1. Kirkwood was provided with the handout explaining the PowerPoint
presentation at the February 8, 2010, meeting.
17. At its February 16, 2010, legislative meeting, the Board voted 8-0 to approve the
written agreement between the District and SHU to provide the CIHSP during the
2010-2011 school year.
a. Kirkwood was not present at the February 16, 2010, meeting.
b. Although Kirkwood was not present at the February 16, 2010, meeting, he
received a copy of the memo entitled “Board Approval for College in High
School” and the agreement between the District and SHU.
18. The agreement approved by the Board at the February 16, 2010, meeting
mandated eligibility requirements for District students interested in the CIHSP as
follows:
a. The student must be a high school junior or senior.
b. The student must fulfill graduation requirements by the end of his/her senior
year based upon credits earned and required course(s)
completed/scheduled.
c. The student must have demonstrated proficiency in reading, writing, and
mathematics through grade ten.
d. The student must have demonstrated the ability and readiness for college-
level coursework in the intended area of study.
e. The student must have the recommendation of the Honors level prerequisite
teacher(s).
f. A student must maintain a grade point average of 3.0 and maintain a
minimum grade of C (2.0) in each CIHSP course in order to remain in the
program.
19. The agreement further provided that students not meeting the criteria were
permitted to enroll in CIHSP courses upon meeting the following alternative criteria
and receiving approval from both SHU and from the District:
a. The student is a junior with a cumulative grade point average of 3.5 or better.
Kirkwood, 10-048
Page 6
b. The student has demonstrated exceptional ability in a content area and has
received the recommendation of the High School principal, his/her guidance
counselor, and has demonstrated proficiency on the most-recently
administered PSSA exams.
c. A student must maintain a grade point average of 3.0 and maintain a
minimum grade of C (2.0) in each CIHSP course in order to remain in the
program.
20. The agreement specifically required that the students enrolled in the CIHSP be
either high school juniors or seniors.
a. The agreement further stipulated that the CIHSP was to begin at the start of
the 2010-2011 school year.
1. The Board’s approval made no reference to the CIHSP beginning
during the summer of 2010.
2. No formal presentation was made to the Board indicating that
program initiated during the summer of 2010.
21. DePasquale of SHU and Meehan exchanged multiple email communications
between February 23, 2010, and March 22, 2010, regarding the District’s status
related to meeting the requirements of the CIHSP.
a. Topics addressed included:
1. District teachers and courses selected by Meehan to be associated
with the CIHSP;
2. SHU’s approval of District teachers and course material;
3. A date for DePasquale to visit the District to address the District
teachers associated with CIHSP in order to prepare them for the
approval process associated with the program; and
4. Target dates for the District to begin registering students for the
program.
22. Correspondence from Meehan addressed to District parents/guardians issued on or
about March 11, 2010, indicated the following:
Dear Parent/Guardians:
Enclosed you will find a preview of our College Preparatory Program.
Along with this is a letter informing you of the advanced level
course(s) that your child has been recommended. We will soon begin
the process of selecting courses for the 2010-2011 school year. The
courses listed on the recommendation list are only open to students
who have demonstrated exceptional achievement in prior study
leading to these courses; I commend your child for their academic
focus. I also congratulate you as parents of these fine students for
your motivation in support in their education. These recommendations
are made with great attention to the student and their overall
achievement and promise for continued, in-depth study.
Kirkwood, 10-048
Page 7
The courses that your child has been recommended are being
considered for a partnership with Seton Hill University for College in
High School. This will result in your child receiving and [sic] academic
transcript from Seton Hill and the opportunity to earn college credits
for these courses. The courses will be monitored by Seton Hill
University to ensure that they are presented with the same rigor and
intensity of a true college course. The enclosed booklet illustrates the
potential credits that your child can earn and the Seton Hill course
that our courses are being matched. This is a tremendous opportunity
for our advanced students. Your child is not required to enroll in these
courses, but we do want you to be aware that their teachers believe
they will succeed at this level. Please discuss this with your child and
plan an appropriate course load for next year. It is important to
experience advanced study, but it is also important not to overload
the student with too many demanding courses. Please give great
consideration to the course selection process.
If you have any questions regarding the course selection process or
the College in High School Program, please feel free to contact me at
(724) 656-4759. Your child’s guidance counselor can also assist with
the process. It is our goal to make certain that your child has every
opportunity to succeed and have the necessary foundation to
experience continued success at the college level.
Sincerely,
Terence P. Meehan
a. Indicated in Meehan’s correspondence was that the CIHSP was to begin
during the 2010-2011 school year.
23. As of May 17, 2010, SHU approved District teachers/courses as part of the CIHSP
to begin during the 2010-2011 school year, as shown below.
a. The approved teachers were Jeff Shaftic, Kelly Evanoski, Teresa Emery,
Susan Harlan, William Bradley, and Frank Mantinaos.
b. Only approved District teachers/course material were to be associated with
the CIHSP.
24. A brochure developed by the School District and provided District families included
information regarding the costs of college credits and the costs per course for
District students enrolled in the CIHSP.
a. The brochure was prepared by or at the direction of Meehan.
b. The brochure noted the following regarding costs per credit hour and course:
Seton Hall: $720 per credit for (1) to (11) credits.
CIHSD: $220 per course for (3) or (4) credit course.
c. The brochure noted that the District received a grant to offset some of the
$220/course costs to $102.76 per course and offered a payment plan as
follows:
Down-payment in the amount of $30.76 (per course) is due September 14,
2010.
Kirkwood, 10-048
Page 8
Payment of $24.00 per course is due by October 15, 2010.
Payment of $24.00 per course is due by November 15, 2010.
Final payment of $24.00 per course is due by December 15, 2010.
25. Matt Kirkwood graduated from New Castle Area School District on June 1, 2008.
26. Matt Kirkwood was enrolled as a student at Shelton State Community College from
the fall of 2008 to the spring of 2010.
a. Shelton State Community College is a two-year junior college located in the
state of Alabama.
b. Matt Kirkwood played baseball for Shelton State Community College during
his tenure there.
27. In or about the spring/summer of 2010, Matt Kirkwood was interested in transferring
to Cleveland State University located in Ohio.
a. Kirkwood was aware that Cleveland State was interested in recruiting his
son to play baseball.
b. Cleveland State offered Matt Kirkwood an athletic scholarship valued at
eighty-five percent of the cost of tuition for two years to play baseball for the
college beginning in or about the fall of 2010.
c. The minimum total value of a full-time (out of state) transfer student’s tuition
at Cleveland State was $7,884.00 in the fall of 2010.
d. The approximate value of the scholarship was $6,701.40.
1. Eighty-five percent of $7,884.00 is $6,701.40 (7,884 x .85 =
6,701.40).
28. Kirkwood became aware during or about the spring/summer of 2010 that his son
needed six additional college credits to transfer from Shelton State Community
College to Cleveland State.
a. The credit requirement did not limit Matt Kirkwood to obtain the credits in any
specific subject matters.
29. Kirkwood, on or about June 24, 2010, informed Meehan of Matt Kirkwood’s
opportunity to obtain an athletic scholarship upon transfer from Shelton State
Community College to Cleveland State, but that his son needed six credits to
complete the transfer.
a. Kirkwood approached Meehan about his son’s situation after being informed
by Butler Community College that enrollment for summer courses had
already ended.
1. Kirkwood initially approached Meehan to determine if Meehan had
any contacts that could assist his son in obtaining the college credits.
Kirkwood, 10-048
Page 9
b. Kirkwood informed Meehan of Matt Kirkwood’s opportunity after a District
meeting that required Kirkwood and Meehan to attend in their official
capacities.
1. The conversation took place in the hallway outside of the meeting
room.
2. Kirkwood and Meehan do not socialize outside of District related
functions.
c. Kirkwood asked Meehan whether or not Mr. Meehan could help him to obtain
six (6) additional credits for his son during the summer months.
d. Kirkwood indicated to Meehan that he had already checked with Butler
County Community College but it was too late to enroll into the summer
courses.
30. Meehan advised Kirkwood that he would look into the matter.
31. Meehan, in his capacity as a District official, sent an email to DePasquale on June
24, 2010, at 1:03 p.m. informing DePasquale of Kirkwood’s request and requesting
approval from SHU to offer the CIHSP courses as follows:
Hi Terry
We are very pleased to learn our Expository Comp. class has been
approved. I assure you this course is the true essence of a college
level course in high school.
I have a request from a board member here and wondered if it would
be possible on your end. His son needs 6 college credits for an
athletic scholarship. Would we be able to offer 2 of our approved
courses to him over the summer with us compensating our teachers
for him to earn these 6 credits? I am thinking it would be the
Expository Comp course and possibly the US History. If we can do
this and the family pays the administrative fee to Seton Hill, could we
get him the transcript with the 6 credits? I realize he would need to
register etc. with Seton Hill. This could provide me a run through on
that process before I begin the larger group in the fall. If we can do
this, I assure you that the workload will be the same syllabus that was
presented to Seton Hill for approval, we will have an ALL AM and ALL
PM meeting for him at our High School and the district will
compensate the teachers.
Please let me know if this is possible.
Thanks so much for everything, I look forward to working with you on
our registrations and the dual enrollment distribution of funds.
Terry
a. Mr. Meehan alleges that he told Mr. Kirkwood that he would use the CIHSP
program during the summer as a trial run, and if successful, he would like to
make the program available to all New Castle High School graduates who
are college students needing summer college credits.
Kirkwood, 10-048
Page 10
1. The New Castle Area School Board never discussed utilizing the
CIHSP program for New Castle High School Graduates who were
college students, and the program has not been utilized for any other
New Castle High School graduate.
32. Meehan informed DePasquale that the program would run during the summer of
2010.
a. The Board approved the program to being [sic] during the 2010-2011 school
year.
b. Meehan assured DePasquale that the student “workload” would not be
limited.
1. DePasquale was of the understanding based on Meehan’s email that
the courses presented to the student would not be altered or reduced
in substance and time.
c. Meehan’s email specifically noted Kirkwood’s position as a Board Member.
33. DePasquale responded to Meehan via email on June 24, 2010, at 2:15 p.m.
advising Meehan that SHU did not object to the CIHSP beginning during the
summer of 2010.
a. DePasquale did not oppose Meehan’s request due to Meehan’s assertions
that:
1. The student(s) to be enrolled were eligible high school student(s);
2. The teacher(s)/course(s) to be provided during the summer program
had been previously approved by SHU; and
3. The approved course material would be unaltered and presented in
its entirety.
34. Meehan and Kirkwood had a telephone conversation around the time that Meehan
emailed DePasquale on June 24, 2010.
a. Kirkwood advised Meehan of what college classes his son had already taken
so that Meehan could determine what CIHSP classes could be offered to
Matt Kirkwood during the summer of 2010.
35. In late June 2010, Meehan partially completed a SHU CIHSP registration form on
behalf of Matt Kirkwood.
a. SHU required the completion of registration forms in order to enroll students
in the CIHSP.
36. The top of the registration form reflects that the CIHSP is a program for high school
students. The form notes the following:
Seton Hill University and your High School are working together to
offer eligible students the opportunity to earn college credits while in
high school through the College in High School (CHS) program.
Register for one or more of the approved courses and upon
successful completion of each course, you will receive college credit
from Seton Hill University.
Kirkwood, 10-048
Page 11
37. The portion of the form Meehan completed on behalf of Matt Kirkwood indicated
that Matt Kirkwood would be enrolling in the CIHSP during the summer of 2010.
a. Meehan identified the two classes and the two teachers that would be
associated with Matt Kirkwood’s summer education as:
1. Teresa Emery - Plant Biology & Ecology
2. Frank Mantinaos - Calculus with Analytic Geometry
b. Meehan also completed the grade level portion of the form on behalf of Matt
Kirkwood.
c. Meehan signed the form as the “the school liaison approving student
enrollment.”
38.Matt Kirkwood went to the District Office to pick up the form for completion.
a. Matt Kirkwood completed the remaining information required by the form.
39. Kirkwood was contacted by Meehan’s administrative assistant on June 28, 2010, to
provide payment that day for his son’s participation in the CIHSP.
a. Kirkwood hand delivered a personal check to Meehan’s administrative
assistant in the amount specified by her on June 28, 2010.
b. Meehan then forwarded the registration form and payment to SHU on or
about June 30, 2010.
40. Kirkwood issued check no. 1301, dated June 28, 2010, payable [to] SHU in the
amount of $440.00 from his personal account at Huntington Bank.
a. The cost of each CIHSP course was $220.00.
b. Kirkwood signed the check as the authorized signatory.
41. SHU received Matt Kirkwood’s registration form and payment on or about July 1,
2010.
a. The registration form was processed, and the payment was deposited by
SHU on or about July 1, 2010.
42. Meehan emailed Teresa Emery, District Biology teacher, on July 1, 2010, at 3:35
p.m. to gauge her interest in teaching the CIHSP Biology course in the summer of
2010, as indicated below:
Teresa
We have a student that needs a very condensed version of Bio (the
plant and ecology part) presented to him this summer, so he can get
college credits through Seton Hill.
Would you be interested in working with him? We would set a specific
number of hours and compensate you $25 per hour for your teaching.
Kirkwood, 10-048
Page 12
Let me know, we have to start him right after the holiday to get
enough information for the credit to count.
Thanks
T. Meehan
a. Emery subsequently responded to Meehan’s inquiry advising him that she
would be available to teach the CIHSP biology course during the summer of
2010.
1. Emery was one of the District teachers approved to teach the biology
class.
43. Meehan informed Emery that the biology course should not exceed twelve hours of
instruction.
a. The CIHSP biology course was to run the entire school year exceeding well
over twelve hours of instruction.
1. SHU’s requirement for classroom instruction is (15) hours for each
credit or (45) hours for a three-credit course.
b. Meehan informed Emery that she would be providing instruction to one
student, Matt Kirkwood.
1. Meehan did not inform Emery that Matt Kirkwood is the son of a
school board director.
c. Meehan provided Emery’s cellular telephone number to Matt Kirkwood so
that Emery and Matt Kirkwood could make the appropriate arrangements to
meet and complete the classroom instruction.
1. Emery and Matt Kirkwood agreed to meet at Emery’s high school
classroom for one hour on certain days of the week until the twelve
hours of instruction were fulfilled.
44. Meehan on or about late June/early July 2010 had a discussion with District math
teacher Frank Mantinaos regarding Mantinaos teaching the CIHSP calculus course
during the summer of 2010.
a. Mantinaos was one of the District teachers approved by SHU to teach the
CIHSP calculus course.
b. Mantinaos declined to participate due to having prior commitments arranged
for the summer of 2010.
45. Meehan subsequently contacted District math teacher Sam Siciliano about teaching
the CIHSP calculus course to Matt Kirkwood during the summer of 2010.
a. Siciliano was not one of the District teachers initially approved by SHU to
teach the CIHSP calculus course.
b. Siciliano was subsequently approved by SHU to teach the CIHSP calculus
course.
c. Meehan informed Siciliano that the calculus course should not exceed
twelve hours of instruction.
Kirkwood, 10-048
Page 13
1. SHU’s requirement for classroom instruction is (15) hours per credit
or (45) hours for a three-credit course.
2. The credit hours of instruction received by Matt Kirkwood were
determined by SHU to be adequate for completion of the course.
d. Meehan informed Siciliano that he would be providing instruction to one
student, Matt Kirkwood.
1. Siciliano was aware that Matt Kirkwood was Kirkwood’s son and a
graduate of the District.
46. Meehan provided Matt Kirkwood’s cellular telephone number to Siciliano so that
Siciliano and Matt Kirkwood could make the arrangements to meet and complete
the instruction.
a. Siciliano and Matt Kirkwood agreed to meet at the high school for one hour
on the same days of the week that Matt Kirkwood was to receive instruction
from Emery until the twelve hours of instruction were fulfilled.
47. The syllabi approved by SHU related to the instruction for the CIHSP biology course
detailed the various material to be covered during the 2010-2011 school year:
a. The first and second nine week periods were considered CIHSP course BL
150 – General Biology I.
1. The course was considered a four credit course.
aa. The classroom part of the course was considered three
credits.
bb. The lab part of the course was considered one credit.
b. The third and fourth nine-week periods were considered CIHSP course BL
160 – General Biology II.
1. The course was considered a four credit course.
aa. The classroom part of the course was considered three
credits.
bb. The lab part of the course was considered one credit.
2. CIHSP course BL 150 – General Biology I was a prerequisite to BL –
160 General Biology II.
c. The [textbook approved by] SHU for the course was Campbell, Neil A. et al.
th
2008, Biology, 8 ed., The Benjamin Cummings Publishing Company, New
York.
48. The syllabi approved by SHU related to the instruction associated with the CIHSP
calculus course detailed the material to be covered during the 2010-2011 school
year:
a. The calculus course (MA -130 Calculus with Analytic Geometry) was
considered a four credit course.
Kirkwood, 10-048
Page 14
b. The approved textbook by SHU for the course was Calculus by Elgin
Johnson and Jerold Mathews (2002) ISBN 0-321-006682-8.
1. The textbook and syllabi utilized by Siciliano was not approved by
SHU.
49. Matt Kirkwood received instruction in relation to the CIHSP courses during the time
period of July 14, 2010, to August 3, 2010.
a. Matt Kirkwood met with Emery and Siciliano for three hours each week
during the four-week time period.
b. Matt Kirkwood received a total amount of twelve hours of instruction from
each CIHSP teacher (3 hours per teacher x 4 weeks = 12).
50. Matt Kirkwood was the only individual who received CIHSP teaching from any
District teacher in the summer of 2010.
51. Graded course material completed by Matt Kirkwood related to the CIHSP biology
course included a composition book in which Matt Kirkwood detailed what he had
learned reading chapters 35 – 38, 40, 51 – 55 of Campbell, Neil A. et al. 2008,
th
Biology, 8 ed., The Benjamin Cummings Publishing Company, New York.
a. Matt Kirkwood provided a four to eleven sentence long explanation as to
what he learned from each chapter.
b. Matt Kirkwood received a score of seventy-nine (79) out of eighty-five (85)
for his efforts associated with the journal.
c. No other graded material was maintained by the District in association with
Matt Kirkwood completing the CIHSP biology course.
52. Graded course materials completed by Matt Kirkwood related to the CIHSP calculus
course included two graded tests and homework.
a. The first test consisted of eight handwritten problems to solve.
1. Matt Kirkwood scored an eighty (80) out of a possible one hundred
points (100).
b. The second test consisted of ten handwritten problems to solve.
1. Matt Kirkwood scored one-hundred (100) out of a possible one-
hundred points (100).
c. A handwritten piece of paper submitted by Siciliano to Meehan indicates that
Matt Kirkwood scored a fifty (50) out of a possible fifty (50) points on his
homework.
53. On or about August 9, 2010, the District forwarded to SHU the letter grades Matt
Kirkwood received as a result of completing the CIHSP courses.
a. The grades were forwarded to DePasquale’s administrative assistant.
54. Kirkwood asked Meehan to forward his son’s transcripts for completing the CIHSP
courses sent to Cleveland State University.
Kirkwood, 10-048
Page 15
55. On August 10, 2010, at 4:04 p.m., Terri Passerrello, Meehan’s Administrative
Assistant, sent an email to DePasquale’s Administrative Assistant, Marlane Busch,
advising Busch that Meehan wanted Matt Kirkwood’s SHU transcript sent to
Cleveland State University and Kirkwood’s residence.
a. Busch specified in her email where and to whom the transcript was to be
addressed, as shown below:
1. Mr. Mark Kirkwood, [residence address].
2. Cleveland State University, Winnie Lane, 2121 Euclid Avenue,
Cleveland, Ohio 44115.
b. The email was sent based on an inquiry by Kirkwood to Meehan as to
whether or not the transcript had been sent.
56. On August 25, 2010, SHU issued an official SHU transcript for Matt Kirkwood to
Cleveland State.
a. The transcript reflected that Matt Kirkwood completed the biology and
calculus CIHSP courses scoring a B in biology and an A- in calculus
resulting in a cumulative GPA of 3.38.
b. The transcript additionally reflected that Matt Kirkwood earned seven (7)
SHU college credits.
c. SHU did not forward a copy of the transcript to the Kirkwood residence.
57. As a result of Matt Kirkwood’s SHU transcript being forwarded to Cleveland State,
Matt Kirkwood was able to transfer from Shelton State Community College and be
enrolled as a full-time Cleveland State student starting in the fall of 2010.
a. In addition, Matt Kirkwood received an athletic scholarship to play baseball
for Cleveland State.
58. On August 25, 2010, Meehan issued a memo to District Business Manager Joseph
Ambrosini requesting District payment to Emery and Siciliano for their services in
relation to SHU/District CIHSP instruction of Matt Kirkwood during the summer of
2010, as shown below:
Please release payment to the following teachers who have
completed and submitted final copies of curriculum for AP courses
(College in High School) courses written.
Teachers are to be compensated at a rate of $25 per hour for their
work.
August 18, 19, 20
Theresa Emery…………………………………………….$300.00
Sam Siciliano……………………………………………...$300.00
Teacher sign-in sheets for the days worked are attached.
59. The District compensated Emery and Siciliano $337.59 each for their involvement in
Matt Kirkwood’s CIHSP instruction.
Kirkwood, 10-048
Page 16
a. The $300.00 was for the twelve hours of instruction at a rate of $25.00 per
hour (25 x 12 = 300).
b. The additional $37.59 accounted for Social Security (0.0765%),
Unemployment Compensation (0.0206%), and Retirement (0.0282%) paid
out by the District for the teachers in association with their time of instruction
related to the CIHSP (300 x 0.1253 = 37.59).
c. Emery and Siciliano received their respective payments on September 10,
2010.
1. Emery’s payment was received via District check D0051335.
2. Siciliano’s payment was received via District check D00511650.
d. Both Emery and Siciliano’s $300.00 payment for instruction was coded as
curriculum development on their check stubs.
60. Payments issued to Emery and Siciliano were approved by the Board during the
meeting of October 13, 2010.
a. The payments approved were part of the payroll totaling $1,319,178.37
issued in September 2010.
1. Individual checks were not listed as part of the payroll listing.
b. Kirkwood was present at the October 13, 2010, meeting and voted to
approve the payroll.
61. On or about October 29, 2010, Kirkwood was issued an invoice by the District for
the compensation paid to Emery and Siciliano for the classes taught to Matt
Kirkwood.
a. Eligible high school students associated with the CIHSP were not required to
remit payment to the District instructor costs.
1. No payment was required due to the instruction taking place during
the normal days/hours of the school year.
62. District Business Manager Joseph Ambrosini issued a District invoice to Kirkwood
on or about October 29, 2010, which provided the following:
Dear Mr. and Mrs. Kirkwood
Our records show you have an outstanding balance of $674.00 with
our District. The following invoice is due at this time:
10-11-109 674.00 Reimbursement for College Credits
Please make your check payable to the NEW CASTLE AREA
SCHOOL DISTRICT. The mailing address is:
New Castle Area School District
Business Office
420 Fern Street
New Castle, PA 16101
Kirkwood, 10-048
Page 17
If payment is not possible at this time or you need to discuss this
matter with the Business Manager, please call 724-656-4771.
63. Kirkwood began remitting partial payments to the District related to invoice #10-11-
109 subsequent to receiving the Notice of Investigation from the State Ethics
Commission.
a. Kirkwood’s first payment was submitted to the District on February 16, 2011,
in the form of US currency in the amount of $50.00.
1. Kirkwood issued his first payment to the District approximately three
months after receipt of the invoice.
2. The District deposited Kirkwood’s payment of $50.00 on February 17,
2011.
b. Kirkwood’s second payment was provided to the District on March 4, 2011,
in the form of US currency in the amount of $75.00.
1. The District deposited Kirkwood’s payment of $75.00 on March 10,
2011.
c. Kirkwood’s third payment [was] provided to the District on April 29, 2011, via
personal check #1396 dated April 28, 2011, in the amount of $200.00.
1. The District deposited Kirkwood’s payment of $200.00 on May 4,
2011.
d. No additional payments were made by Kirkwood between April 29, 2011, and
June 9, 2011.
64. Kirkwood received correspondence from Ambrosini on or about June 9, 2011,
advising Kirkwood that he owed the District a remaining balance of $349.00 in
relation to Matt Kirkwood’s education as shown below:
Dear Mr. and Mrs. Kirkwood
Our records show you have an outstanding balance of $349.00 with
our District. The following invoice is due at this time:
10-11-109 349.00 Reimbursement for College Credits
Please make your check payable to the NEW CASTLE AREA
SCHOOL DISTRICT. The mailing address is:
New Castle Area School District
Business Office
420 Fern Street
New Castle, PA 16101
If full payment is not possible at this time or you need to discuss this
matter with the Business Manager, please call 724-656-4771.
a. Kirkwood’s previous payments of $50.00, $75.00, and $200.00 reduced the
total owed to the District to $349.00 (674 – 50 – 75 – 200 = 349.00).
Kirkwood, 10-048
Page 18
65. Kirkwood issued personal check no. 1416, dated August 26, 2011, payable to the
District in the amount of $349.00 from his personal account at Huntington Bank.
a. The check paid the remaining balance owed to the District that Kirkwood was
first notified of on October 29, 2010.
b. Kirkwood indicated in the memo section that the check was for “teacher
balance.”
c. Kirkwood signed the check as the authorized signatory.
d. The District deposited Kirkwood’s payment on September 2, 2011, into the
District’s general fund account (XXXXXXX7947) maintained at Huntington
Bank.
66. At the conclusion of the 2010-2011 college baseball season, Matt Kirkwood was
informed by Cleveland State that the baseball program would no longer be
supported by the university.
a. In order to continue playing baseball collegiately, Matt Kirkwood opted to
transfer to Marshall University located in West Virginia at the conclusion of
the spring 2011 semester at Cleveland State.
b. The transfer necessitated that official transcripts from SHU be forwarded to
Marshall University.
67. On or about March 24, 2011, Kirkwood received a billing statement and
correspondence from DePasquale of SHU directing that Matt Kirkwood forward a
payment in the amount of $4,935.00 to SHU for the cost of credits taken during the
summer of 2010. DePasquale’s letter stated as follows:
In summer 2010 you registered for and completed two (2) Seton Hall
University courses through the College in High School program at
New Castle High School. It has come to our attention that you were
not a high school student when you took these courses and that you
provided inaccurate information on the registration form by indicating
th
that you were in 12 grade. In fact, you were already in college at
that time.
The reduced tuition rate is provided only to high school students in
schools affiliated with Seton Hill’s College in High School program.
Therefore, you are being billed for the remainder of the tuition for the
seven (7) credits earned through Seton Hill courses. The tuition rate
for summer 2010 was $705.00 per credit which amounts to $4,935.00.
You already paid $440.00 which will be considered partial payment.
Enclosed is a bill from the University for $4,495.00 for the remainder
of the tuition owed. The University must receive payment no later
than April 29, 2011. If we do not receive full payment by that date, we
will be forced to remove record of the credits from your transcript and
will notify any institutions of higher education to which the transcript
was sent of this decision.
68. Kirkwood subsequently contacted DePasquale about the correspondence and
billing statement at which time DePasquale informed Kirkwood that the SHU credits
Matt Kirkwood received in the summer of 2010 should not have been assessed at
the CIHSP rate.
Kirkwood, 10-048
Page 19
a. Due to his status as a college student, Matt Kirkwood should have been
assessed the standard rate of SHU’s summer tuition for seven credits at the
rate of $705.00 per credit.
69. From March 24, 2011, to August 4, 2011, Kirkwood made five payments to SHU
totaling $4,495.00, representing payment for the credits Matt Kirkwood received
from the CIHSP program.
a. Kirkwood was given credit by SHU for the $440.00 previously paid to the
School District for the two classes.
b. Kirkwood paid the entire amount of $4,495.00 to Seton Hill College in full.
c. Kirkwood paid all bills that were due and owing both to the New Castle Area
School District and Seton Hill University.
70. Kirkwood realized a pecuniary gain when the District/SHU CIHSP program was
used to assist Matt Kirkwood in obtaining college credits required to transfer from
Shelton State Community College to Cleveland State in order to obtain an athletic
scholarship with Cleveland State that would minimize the financial burden
associated with Matt Kirkwood’s college education.
III.DISCUSSION:
As a Member of the New Castle Area School District (“District”) Board of Directors
(“Board”) from approximately 2003 to the present, Respondent Mark Kirkwood, hereinafter
also referred to as “Respondent,” “Respondent Kirkwood,” and “Kirkwood,” 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 allegation is that Respondent Kirkwood violated Section 1103(a) of the Ethics
Act when he used the authority of his aforesaid public position for the private pecuniary
benefit of himself and/or a member of his immediate family to obtain college credits for his
son at reduced costs thereby enabling the son to receive an athletic scholarship.
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
Kirkwood, 10-048
Page 20
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 has served as a Member of the Board from approximately 2003 to the
present. Respondent has served as Vice President of the Board from approximately 2010
to the present. The Board consists of nine Members.
Beginning in or about January 2010, District Assistant Superintendent/Director of
Curriculum Terence Meehan (“Meehan”) initiated contacts with officials of Seton Hill
University (“SHU”) regarding establishing SHU’s “College in High School Program”
(“CIHSP”) in the District. The CIHSP provides high school students the opportunity to earn
SHU college credits at a reduced cost through completion of specifically approved high
school classes. Participation in the CIHSP is only available to junior or senior high school
students. High school graduates are not eligible to be enrolled in the program.
Respondent was present at a February 8, 2010, Board caucus meeting when the
Board was first made aware of Meehan’s proposal to have SHU’s CIHSP implemented by
the District. Respondent was not present at the Board’s February 16, 2010, legislative
meeting, when the Board voted 8-0 to approve the written agreement (“CIHSP Agreement”)
between the District and SHU to provide the CIHSP during the 2010-2011 school year.
However, Respondent received a copy of the CIHSP Agreement and a memorandum
authored by Meehan, which indicated that the CIHSP was for recommended District
students in eleventh and twelfth grade. The CIHSP Agreement specifically required that a
student enrolled in the CIHSP be either a high school junior or senior. The CIHSP
Agreement further stipulated that the CIHSP was to begin at the start of the 2010-2011
school year. The Board’s approval made no reference to the CIHSP beginning during the
summer of 2010.
Respondent’s son, Matt Kirkwood, graduated from New Castle Area School District
in 2008. From the fall of 2008 to the spring of 2010, Matt Kirkwood was enrolled as a
student at Shelton State Community College where he played baseball. In or about the
spring/summer of 2010, Matt Kirkwood was interested in transferring to Cleveland State
University located in Ohio. Cleveland State offered Matt Kirkwood an athletic scholarship
valued at eighty-five percent of the cost of tuition for two years to play baseball for the
college beginning in or about the fall of 2010. In the fall of 2010, the minimum total value
of a full-time (out of state) transfer student’s tuition at Cleveland State was $7,884.00, such
that the approximate value of the scholarship was $6,701.40.
Kirkwood, 10-048
Page 21
During or about the spring/summer of 2010, Respondent became aware that his son
needed six additional college credits to transfer from Shelton State Community College to
Cleveland State. On or about June 24, 2010, Respondent approached Meehan after a
District meeting that Respondent and Meehan were required to attend in their official
capacities. Respondent asked Meehan whether Meehan could help him to obtain six
additional credits for his son during the summer months. Respondent indicated to Meehan
that he had already checked with Butler County Community College but it was too late to
enroll in the summer courses. Meehan advised Respondent that he would look into the
matter. This conversation took place in the hallway outside of the meeting room.
Respondent and Meehan do not socialize outside of District related functions.
On June 24, 2010, Meehan, in his capacity as a District official, sent an email to
Terry DePasquale (“DePasquale”), Dean of Graduate and External Programs at SHU,
requesting approval from SHU to offer the CIHSP courses to a Board Member’s son during
the summer of 2010. Meehan assured DePasquale that the student “workload” would not
be limited. DePasquale responded to Meehan via email later that same day, advising
Meehan that SHU did not object to the CIHSP beginning during the summer of 2010.
DePasquale did not oppose Meehan’s request due to Meehan’s assertions that the
student(s) to be enrolled were eligible high school student(s); the teacher(s)/course(s) to
be provided during the summer program had been previously approved by SHU; and the
approved course material would be unaltered and presented in its entirety.
On or about June 24, 2010, Respondent advised Meehan of what college classes
his son had already taken so that Meehan could determine what CIHSP classes could be
offered to Matt Kirkwood during the summer of 2010.
Meehan alleges that he told Respondent that he would use the CIHSP program
during the summer as a trial run, and if successful, he would like to make the program
available to all New Castle High School graduates who are college students needing
summer college credits. However, the Board never discussed utilizing the CIHSP program
for New Castle High School Graduates who were college students, and the program has
not been utilized for any New Castle High School graduate other than Matt Kirkwood.
SHU required the completion of registration forms in order to enroll students in the
CIHSP. In late June 2010, Meehan partially completed the SHU CIHSP registration form
on behalf of Matt Kirkwood. The portion of the form that Meehan completed included
identification of the CIHSP classes that Matt Kirkwood would be enrolling in during the
summer of 2010 and the grade level of Matt Kirkwood. Fact Finding 67 includes a
statement by DePasquale that Matt Kirkwood’s CIHSP registration form indicated that Matt
Kirkwood was in twelfth grade.
Matt Kirkwood completed the remaining information required by the CIHSP
registration form. The top of the registration form reflects that the CIHSP is a program for
high school students. Nevertheless, Respondent purports that he and Matt Kirkwood were
not made aware that high school graduates were not eligible to be enrolled in the CIHSP at
the time Matt Kirkwood entered the CIHSP at New Castle High School.
In 2010 SHU’s fee for students enrolled at SHU was approximately $705.00 per
credit. The fee for high school students participating in the CIHSP is $220.00 per course
regardless of the number of credits assigned to the course.
On June 28, 2010, Respondent was contacted by Meehan’s administrative assistant
to provide payment that day for Matt Kirkwood’s participation in the CIHSP. On June 28,
2010, Respondent hand delivered to Meehan’s administrative assistant a personal check
dated June 28, 2010, payable to SHU in the amount of $440.00 for two courses for Matt
Kirkwood at $220.00 each. Meehan forwarded the registration form and payment to SHU
Kirkwood, 10-048
Page 22
on or about June 30, 2010. The registration form was processed, and the payment was
deposited by SHU on or about July 1, 2010.
Meehan arranged for two District teachers (hereinafter referred to as the “CIHSP
Teachers”) to teach the CIHSP biology course and calculus course to Matt Kirkwood
during the summer of 2010. Meehan informed the CIHSP Teachers that their respective
courses should not exceed twelve hours of instruction. During the time period of July 14,
2010, to August 3, 2010, Matt Kirkwood received a total of twelve hours of instruction from
each of the CIHSP Teachers. Matt Kirkwood was the only individual who received CIHSP
teaching from any District teacher in the summer of 2010.
Although SHU’s requirement for classroom instruction is 15 hours per credit or 45
hours for a three-credit course, the credit hours of instruction received by Matt Kirkwood
were determined by SHU to be adequate for course completion.
On or about August 9, 2010, the District forwarded to SHU the letter grades Matt
Kirkwood received as a result of completing the CIHSP courses. On August 10, 2010,
Terri Passerrello, Meehan’s Administrative Assistant, sent an email to Marlane Busch
(“Busch”), DePasquale’s Administrative Assistant at SHU, advising Busch that Meehan
wanted Matt Kirkwood’s SHU transcript sent to Cleveland State University and
Respondent’s residence.
On August 25, 2010, SHU issued an official SHU transcript for Matt Kirkwood to
Cleveland State. The transcript reflected that Matt Kirkwood completed the biology and
calculus CIHSP courses and earned seven SHU college credits.
As a result of Matt Kirkwood’s SHU transcript being forwarded to Cleveland State,
Matt Kirkwood was able to transfer from Shelton State Community College and be enrolled
as a full-time Cleveland State student starting in the fall of 2010. In addition, Matt Kirkwood
received an athletic scholarship to play baseball for Cleveland State.
On August 25, 2010, Meehan issued a memo to District Business Manager Joseph
Ambrosini (“Ambrosini”) requesting District payment to the CIHSP Teachers for their
services in relation to SHU/District CIHSP instruction of Matt Kirkwood during the summer
of 2010. The District compensated each of the CIHSP Teachers in the amount of $337.59
for their involvement in Matt Kirkwood’s CIHSP instruction. Of this amount, $300.00 was
for the twelve hours of instruction at a rate of $25.00 per hour, and the balance was for
Social Security, Unemployment Compensation, and retirement. On the CIHSP Teachers’
check stubs, the payments for instruction were coded as curriculum development.
On October 13, 2010, Respondent participated in the Board’s vote approving the
September 2010 payroll, which included the aforesaid payments to the CIHSP Teachers
for instructing Matt Kirkwood in the CIHSP. Individual checks were not listed as part of the
payroll listing.
Per the Stipulated Findings and Consent Agreement, following the initiation of this
Commission’s investigation, Respondent was billed $674.00 by the District for the
aforesaid compensation paid to the CIHSP Teachers for the classes taught to Matt
Kirkwood, and $4,495.00 by SHU as the balance due for the SHU credits Matt Kirkwood
received when he was not eligible for the reduced tuition rate provided to high school
students through the CIHSP. Respondent made payment in full to those entities.
The parties have stipulated that Respondent realized a pecuniary gain when the
District/SHU CIHSP program was used to assist Matt Kirkwood in obtaining college credits
required to transfer from Shelton State Community College to Cleveland State in order to
obtain an athletic scholarship with Cleveland State that would minimize the financial
burden associated with Matt Kirkwood’s college education.
Kirkwood, 10-048
Page 23
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:
4. The Investigative Division will recommend the following in
relation to the above allegations:
a. That a transgression of Section 1103(a) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. §1103(a) occurred when the
District/SHU CIHSP program was used to assist
in Matt Kirkwood obtaining the college credits
required to transfer from Shelton State
Community College to Cleveland State in order
to obtain an athletic scholarship with Cleveland
State that would minimize the financial burden
associated with Matt Kirkwood’s college
education.
5. Following the initiation of the State Ethics Commission’s
investigation, Mr. Kirkwood was billed $674.00 by the New
Castle Area School District and $4,495.00 by Seton Hill
University. Mr. Kirkwood made payment in full to those
entities. Mr. Kirkwood further agrees to pay a portion of the
costs of the investigation of this matter in the amount of
$1,000.00 to be made payable to the Pennsylvania State
Ethics Commission and forwarded to the Commission within
six months of the issuance of the final adjudication in this
matter.
6. Kirkwood agrees to not accept any reimbursement,
compensation or other payment from New Castle Area School
District representing a full or partial reimbursement of the
amount paid in settlement of this matter.
7. 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 of a transgression of Section 1103(a) of the Ethics Act.
Factually, Respondent, a District School Director, approached Meehan, a
subordinate District employee, after a District meeting that Respondent and Meehan were
required to attend in their official capacities, and solicited Meehan’s assistance in
obtaining six additional college credits for his son, Matt Kirkwood, during the summer of
Kirkwood, 10-048
Page 24
2010. This resulted in Meehan taking actions to enable Matt Kirkwood to participate in the
District/SHU CIHSP despite the fact that Matt Kirkwood was not eligible to participate in
the CIHSP and the CIHSP was not authorized by the Board to begin until the 2010-2011
school year. Respondent also participated in the Board’s vote approving the September
2010 payroll, which included the payments to the CIHSP Teachers for instructing Matt
Kirkwood in the CIHSP.
As a result of Respondent’s actions, Matt Kirkwood was able to obtain the college
credits required to transfer from Shelton State Community College to Cleveland State in
order to obtain an athletic scholarship with Cleveland State. The parties have stipulated
that Respondent realized a pecuniary gain when the District/SHU CIHSP was used to
assist Matt Kirkwood in obtaining college credits required to transfer from Shelton State
Community College to Cleveland State in order to obtain an athletic scholarship with
Cleveland State that would minimize the financial burden associated with Matt Kirkwood’s
college education.
We accept the parties’ recommendation and hold that a transgression of Section
1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when the District/SHU CIHSP
was used to assist in Matt Kirkwood obtaining the college credits required to transfer from
Shelton State Community College to Cleveland State in order to obtain an athletic
scholarship with Cleveland State that would minimize the financial burden associated with
Matt Kirkwood’s college education.
Following the initiation of this Commission’s investigation, Respondent was billed
$674.00 by the District and $4,495.00 by SHU. Respondent made payment in full to those
entities. As part of the Consent Agreement, Respondent has agreed to pay a portion of
the costs of the investigation of this matter in the amount of $1,000.00 to be made payable
to the Pennsylvania State Ethics Commission and forwarded to this Commission within six
months of the issuance of the final adjudication in this matter.
Respondent has also agreed to not accept any reimbursement, compensation or
other payment from the District 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 Kirkwood is
directed to make payment for a portion of the costs of the investigation of this matter,
which payment is to be in the amount of $1,000.00 payable to the Pennsylvania State
Ethics Commission and forwarded to this Commission within six months of the mailing date
of this adjudication and Order.
Per the Consent Agreement of the parties, Respondent Kirkwood is directed to not
accept any reimbursement, compensation or other payment from the District 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 New Castle Area School District (“District”) Board of Directors
from approximately 2003 to the present, Respondent Mark Kirkwood (“Kirkwood”)
Kirkwood, 10-048
Page 25
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. Kirkwood transgressed Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a),
when the District/Seton Hill University “College in High School Program” was used
to assist in Kirkwood’s son, Matt Kirkwood, obtaining the college credits required to
transfer from Shelton State Community College to Cleveland State in order to
obtain an athletic scholarship with Cleveland State that would minimize the financial
burden associated with Matt Kirkwood’s college education.
In Re: Mark Kirkwood, : File Docket: 10-048
Respondent : Date Decided: 9/24/12
: Date Mailed: 10/5/12
ORDER NO. 1606
1. As a Member of the New Castle Area School District (“District”) Board of Directors,
Mark Kirkwood (“Kirkwood”) transgressed Section 1103(a) of the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when the District/Seton
Hill University “College in High School Program” was used to assist in Kirkwood’s
son, Matt Kirkwood, obtaining the college credits required to transfer from Shelton
State Community College to Cleveland State in order to obtain an athletic
scholarship with Cleveland State that would minimize the financial burden
associated with Matt Kirkwood’s college education.
2. Per the Consent Agreement of the parties, Kirkwood is directed to make payment
for a portion of the costs of the investigation of this matter, which payment is to be
in the amount of $1,000.00 payable to the Pennsylvania State Ethics Commission
and forwarded to this Commission within six months of the mailing date of this
Order.
3. Per the Consent Agreement of the parties, Kirkwood is directed to not accept any
reimbursement, compensation or other payment from the District representing a full
or partial reimbursement of the amount paid in settlement of this matter.
4. Compliance with paragraphs 2 and 3 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,
___________________________
John J. Bolger, Chair