HomeMy WebLinkAbout1655 Noon
In Re: Bryon C. Noon, : File Docket: 12-016
Respondent : X-ref: Order No. 1655
: Date Decided: 5/5/15
: Date Mailed: 5/12/15
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Kathryn Streeter Lewis
Maria Feeley
Melanie DePalma
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding possible violation(s) of the Public Official and Employee Ethics
Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the
commencement of its investigation, the Investigative Division served upon Respondent
written notice of the specific allegations. Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an “Investigative Complaint.” An Answer was filed and a hearing was requested. A
Stipulation of Findings and a Consent Agreement 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 Bryon Noon, a public official/public employee in his capacity as the Director of
\[the Bureau of\] Employment Training Programs for the \[Pennsylvania\] Department of
Public Welfare, violated \[Sections 1103(a), 1105(b)(8), and 1105(b)(9)\] of the State Ethics
Act (Act 93 of 1998) when he used the authority of his public position for the private
pecuniary benefit of himself, a member of his immediate family and/or a business with
which he and/or a member of his immediate family is associated by approving or awarding
grants to companies at a time when he had a reasonable expectation that Ankh Systems
Consulting, a business with which he and a member of his immediate family are
associated, would receive subcontracts; when he failed to disclose his office, directorship
or employment in Ankh Systems Consulting on Statements of Financial Interests filed for
the 2007, 2008, 2009 and 2010 calendar years; and when he failed to disclose his
financial interest in Ankh Systems Consulting, a legal entity in business for profit, on
Statements of Financial Interests filed for the 2007, 2008, 2010 and 2011 calendar years.
II.FINDINGS:
1. The Investigative Division of the State Ethics Commission received information
alleging that Bryon C. Noon (“Noon”) violated provisions of the State Ethics Act (Act
93 of 1998).
2. Upon review of the information the Investigative Division initiated a preliminary
inquiry on April 12, 2012.
Noon, 12-016
Page 2
3. On June 6, 2012, a letter was forwarded to Noon by the Investigative Division of the
State Ethics Commission informing himthat a complaint against him was received
by the Investigative Division and that a full investigation was being commenced.
4. The Commission issued an order on September 24, 2012, granting a first ninety day
extension.
5. The Commission issued an order on January 28, 2013, granting a second ninety
day extension.
6. The Investigative Complaint/Findings Report was mailed to Noon on May 31, 2013.
7. On or about November 18, 2013, a Criminal Information was filed by the
Pennsylvania Office of the Attorney General alleging that Noon had committed
criminal acts, including violating 65 Pa.C.S. § 1103(a).
8. On or about April 14, 2014, Noon pled guilty to violations of law, including a
violation of 65 Pa.C.S. § 1103(a).
a. Noon’s criminal matter was docketed at: CP-22-CR-0005356-2013.
b. Noon’s plea included a plea to violations of the State Ethics Act (65 Pa.C.S.
§ 1103(a)) and included conduct which was the subject of the Investigative
Complaint/Findings Report issued by the State Ethics Commission on May
31, 2013.
9. Noon was employed by the Commonwealth of Pennsylvania Department of Public
Welfare (“DPW”) from April 11, 1994, until October 28, 2011.
a. During his employment with DPW, Noon held the following positions:
Dates Position # Position Title
12/08/08 - 10/28/11 00058832 OIM Employment Training Director
01/12/08 - 12/07/08 00000458 Welfare Program Executive 1
11/28/03 - 01/11/08 166963 Human Services Program Specialist Supervisor
05/02/01 - 11/28/03 166963 Income Maintenance Program Specialist
Supervisor
12/10/97 - 05/02/01 060676 Income Maintenance Program Specialist
04/11/94 - 12/10/97 204456 Income Maintenance Caseworker.
10. Noon held the position of Office of Income Maintenance (“OIM”) Employment
Training Director, Bureau of Employment Training Programs (“BETP”), from
approximately December 8, 2008, until October 28, 2011. Noon’s job duties for this
position included in part the following:
a. Work involves the review, analysis, evaluation, development and
promulgation of program policies, plans and objectives; assessing the need
for changes in programmatic and administrative practices and procedures;
and providing technical and administrative assistance to management
officials, program directors and employment/training agencies relating to
program development, implementation and coordination. Work includes
directing the development and coordination of state and local level inter-
agency agreements for delivery of employment/training resources and
services; identifying funding sources, and developing grant applications; and
developing and disseminating informational material on employment/training
matters.
Noon, 12-016
Page 3
b. Noon reported directly to the Deputy Secretary for Income Maintenance of
DPW.
11. Noon, in his official capacity as Director of the BETP, had allocation control of
annual funding of approximately $212 million in training program funds.
a. These funds originated from state and federal sources \[and\] were provided
to DPW for allocation.
b. These funds were released by DPW, through the Pennsylvania Department
of Labor and Industry (“L&I”), to regional Workforce Investment Boards
(“WIBs”) for distribution as the result of Memorandums of Understanding
(“MOUs”) between DPW and L&I.
c. The BETP maintained program oversight, while L&I provided fiscal oversight
of the WIBs.
1. All allocation decisions were the responsibility of Noon as Director of
the BETP.
12. As Director of the BETP, Noon had supervisory responsibility over BETP
Departments and employees including:
a. Susan Pulaski, Director of Fiscal & Data Management;
b. Deborah Bush, Fiscal Systems Analyst, a subordinate employee under
Pulaski’s direct supervision;
c. Tamila Lay, Director, Policy, CAO-Based Program & Development;
1. Lay has responsibility for program operational policy and County
Assistance Offices.
d. Ruth Ann Van Dyke, Director of Program Implementation, whose primary
responsibility is to monitor BETP programs; and
e. Leon Simmons, Director of BETP’s Philadelphia Division, contracted
employee monitoring program services in the Philadelphia region.
13. DPW employees Susan Pulaski and Deborah Bush had primary responsibility in
implementing BETP funding initiatives at Noon’s direction.
a. Pulaski and Bush had oversight responsibility of BETP funding allocations
determined and approved by Noon.
b. Both Pulaski and Bush were supervised by Noon.
14. The BETP provided program funding to Workforce Investment Boards (“WIBs”)
and/or Workforce Investment Areas (“WIAs”) of approximately $212 million during
each of the 2009-2010 and 2010-2011 Commonwealth fiscal years.
a. Between 2009 and 2011 there were approximately 23 WIBs statewide that
received and distributed BETP funding.
1. The WIBs are divided into regions.
Noon, 12-016
Page 4
b. Funding to the 23 WIBs was determined by the Fiscal and Data
Management Division under Noon’s direct supervision as the BETP Director.
c. Base funding allocations were established by the BETP Fiscal and Data
Management Division annually.
1. The prior fiscal year allocation is used as the baseline for the next
year’s allocation.
2. Allocation changes can be made as a result of a request for
increased funding submitted to the BETP Fiscal and Data
Management Division.
3. These allocation change requests are initially reviewed by Susan
Pulaski and/or Deborah Bush with final approval from Noon.
15. Funding allocation amounts were annually provided to the 23 WIBs at the direction
of BETP Director Noon.
a. Noon would receive allocation amounts from the Fiscal and Data
Management Division staff under his direct supervision.
b. Noon would review annual allocation amounts as the BETP Director and
would make final recommendations to the Deputy Secretary of DPW’s Office
of Income Maintenance (“OIM”).
c. Upon confirmation from the Deputy Secretary of OIM, Noon would direct that
funding allocation information be provided to the WIBs.
1. This notification was typically done by e-mail around May or early
June of each year.
16. Linda Blanchette served as the \[Deputy Secretary of OIM\] from approximately
October 2007 through October 2010.
a. Blanchette was Noon’s immediate supervisor at DPW.
b. Noon would annually provide Blanchette with the BETP allocations total prior
to its dissemination to the WIBs.
1. Blanchette was provided with the projected allocation spreadsheet
approved by Noon.
2. Blanchette would review Noon’s allocation recommendations and
verbally authorize him to release the allocation total spreadsheet to
the WIBs.
3. Blanchette did not play any role in developing the allocation
spreadsheet.
4. Blanchette relied on Noon’s allocation recommendations.
17. WIBs subcontract with other entities to provide program services which are funded
primarily through the BETP.
a. When subcontracting, WIBs were not required to follow Commonwealth
procurement regulations.
Noon, 12-016
Page 5
b. Contracts entered into between any of the 23 WIBs and their service
providers are subject to fiscal review of the BETP.
1. Program service budgets are reviewed and approved by the BETP’s
Fiscal and Data Management Division.
18. Payments from any of the 23 WIBs to their subcontractors cannot be made until
authorization is received from the BETP Fiscal and Data Management Division or
the BETP Director.
a. Once this approval is given, funds are provided from the WIB to its
subcontractor in the approved amount on a draw down basis until that
budget year’s allocation is exhausted.
19. Invoices from the service provider are submitted for payment to BETP \[employee\]
Deborah Bush.
a. Bush ensures there are sufficient funds budgeted for the invoice based on
the line item expenditure payment that is being requested for \[sic\] (e.g.,
payroll, legal, consulting).
20. In the Philadelphia region, two WIBs received allocations from DPW.
a. The Philadelphia Workforce Development Corporation (“PWDC”) received
the bulk of the funding.
1. For fiscal year 2009-2010, the PWDC was allocated $80,231,844.00.
2. For the 2010-2011 fiscal year, the PWDC received $71,574,144.00.
b. The South Central Workforce Investment Board (“SCWIB”) also received
funding for services provided in the Philadelphia region as follows:
1. 2009-2010: $11,724,874.00; and
2. 2010-2011: $18,325,116.00.
c. The PWDC entered into contracts with multiple subcontractors to provide
program services.
1. These subcontracts were not subject to Commonwealth procurement
rules.
21. On May 5, 2009, Noon, in his official capacity as the BETP Director, approved
allocations to the WIBs for the 2009-2010 Commonwealth fiscal year.
a. The 2009-2010 allocation information was e-mailed by Deborah Bush to
WIBs/WIAs on May 5, 2009, at Noon’s direction.
1. Noon was a “cc” on the notification e-mail sent out by Bush.
b. Included as an attachment with the e-mail was undated correspondence from
Noon discussing various allocation guidelines and the amounts being
allocated.
22. Noon’s approved allocations for 2009-2010 included the following:
Noon, 12-016
Page 6
a. The Philadelphia region initial budget allocation for the 2009-2010 fiscal
year of $76,490,339.00; and
b. The South Central region initial budget allocation for the 2009-2010 fiscal
year of $12,720,063.00.
23. On June 1, 2010, Noon, in his official capacity as the BETP Director, approved
funding allocations to the WIBs for the 2010-2011 Commonwealth fiscal year.
a. The 2010-2011 allocation information was e-mailed by Sharon Lehigh to
WIBs/WIAs on June 4, 2010, at Noon’s direction.
1. Sharon Lehigh was Noon’s clerical secretary at the BETP.
b. Noon was a “cc” on the notification e-mail sent out at his direction by Lehigh
to the WIBs and WIAs.
c. Included as an attachment with the e-mail was undated correspondence from
Noon discussing various allocation guidelines, Employment Advancement &
Retention Network (“EARN”) documents, Local Workforce Investment Area
funding documents, Cumulative Quarterly Budget Summary documents, and
the actual allocation amounts.
d. Noon’s approved allocations for the 2010-2011 fiscal year included an initial
budget allocation for the 2010-2011 fiscal year of $70,901,650.00 for the
Philadelphia region.
1. An initial budget allocation for the 2010-2011 fiscal year of
$15,510,417.00 was approved for the South Central region.
24. The National Comprehensive Center for Fathers (“NCCF”) was a non-profit,
welfare-to-work, Philadelphia provider that administered the Fatherhood Initiative
Program and the D&O Manufacturing Program.
a. NCCF was a Special Initiatives Program which received BETP funding
through the PWDC and the SCWIB.
b. NCCF has served as a subcontractor to both the PWDC and the SCWIB,
and has received funding through the BETP, which was authorized by Noon.
c. NCCF received BETP funding between 2009 and 2011 from WIBs including
the PWDC and the SCWIB.
1. NCCF partnered with the Greater Philadelphia Urban Affairs Coalition
(“GPUAC”) for program services provided under the PWDC umbrella.
2. GPUAC served as a fiscal agent for NCCF.
d. The purpose of the Fatherhood Initiative Program was to provide custodial
and non-custodial fathers with the education and training necessary to place
them into employment.
e. The purpose of the D&O Manufacturing Program was to provide TANF
(Temporary Assistance to Needy Families) and Family Works recipients with
a centralized worksite for industry specific training in the areas of tailoring,
design, customer service, and receiving.
Noon, 12-016
Page 7
f. Kofi Asante was identified as the President and CEO of NCCF.
g. An affiliated group of NCCF was the D&O Manufacturing Program, which
provided “on the job” training in construction of garments, sewing, shipping,
receiving, and retail customer service.
25. Noon is also the owner of Ankh Systems Consulting (“Ankh”), which is registered
with the Pennsylvania Department of State.
a. Business filings with the Pennsylvania Department of State identify Noon as
the “owner” of Ankh with a creation date of October 4, 2004.
1. Ankh’s principal place of business was listed as \[residence address
redacted\].
b. Entity number 3253421 was assigned to Ankh by the Pennsylvania
Department of State.
c. Ankh did not have a storefront business location.
26. Ankh’s website, http://ankhsystemsconsulting.com/, includes general information
about Ankh, services provided, and contact information.
a. Dr. Bryon C. Noon, MHS, Ed.D., is identified as President and
Owner/Operator of Ankh.
b. The stated address for Ankh is/was Noon’s primary residence.
27. Information on Ankh’s website includes the following description of its business
operations and business in general:
a. Business Operations: Ankh specializes in consulting on the development,
implementation and evaluation of Welfare-to-Work and Workforce
Development service delivery systems. We (Ankh) assist in developing
programs and processes to meet the expectations of stakeholders, such as
Federal, State and Local funders. Services include:
Needs Assessment
Program Design
Program Evaluation/Contract Compliance/Quality Assurance
Strategic Planning
Staff Development.
b. About Ankh: Established in 2004, Ankh draws upon its chief investigator’s
nearly 20 years of Welfare-to-Work experience, ranging from direct case
management as a welfare caseworker to directorship of a $200+ million
statewide employment and training agency for the Commonwealth of
Pennsylvania. Areas of specialty focus on human services and the
empowerment of low-income adult learners. Building on employment and
training experience in state government, expertise was developed through
designing and implementing program evaluation and monitoring protocols to
assess contract compliance for hundreds of human service agencies across
Pennsylvania. Interaction with various community based agencies resulted
in the development of corrective action plans and the training of thousands
of staff on government policy related to case management, program design,
data management, record keeping, budgeting, contracting, and invoicing.
Noon, 12-016
Page 8
Through these activities, hundreds of thousands of low-income citizens met
their Temporary Assistance for Needy Families (TANF) work participation
requirements, found jobs and left cash assistance and other government
benefits, making Pennsylvania a leader in innovative programming for
several years.
28. Ankh had a consulting relationship with NCCF/GPUAC from about 2009.
a. Noon introduced his wife, Maria Noon, to Kofi Asante in 2009.
1. Noon had been familiar with Asante since approximately 1999.
b. In or about 2009, NCCF/GPUAC received a grant in the amount of
$424,500.00 from the U.S. Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance, Edward Byrne Memorial
Discretionary Grant Program.
1. The grant application was titled “Boyz to Men Fatherhood Program,
National Comprehensive Center for Fathers/Greater Philadelphia
Urban Affairs Coalition.”
c. In 2009 NCCF/GPUAC contracted with Ankh to provide program research
pursuant to the receipt of this federal grant.
d. Ankh was specifically noted in the application as being responsible for
program research. The program research portion of the application states:
1. “NCCF believes as indicated previously that the population(s) which
are the subject of this pilot program needs the benefit of detailed
research and statistical information both for BETP, PWDC, NCCF,
and the Philadelphia Family Court. NCCF will utilize the research
firm of Ankh Systems Consulting of Harrisburg, Pennsylvania for this
purpose. The research will focus, among other things, on the sexual
proclivity and idiosyncrasies of this population; investigating the effect
of peer pressure on sexual conduct; and (where appropriate)
sociological derivation of at risk youth proclivity for violent and anti-
social behavior(s), exploring the incentives and supportive services
enhanced retention compliance; and, ascertain whether the
innovative curriculum positively impacted participants in the areas of
prevention, abstinence, and child support compliance and
understanding.”
e. This application did not identify the amount of funding being budgeted
specifically for program research intended to be completed by Ankh.
f. The grant budget included $40,000.00 budgeted for employment/training
under the category for consultants.
29. On July 22, 2009, a consulting agreement was entered into between GPUAC/NCCF
and Ankh.
a. Terms of the agreement were for the period from July 22, 2009, to
September 30, 2009, with payments to be made not to exceed $11,250.00
for consultant services in accordance with the Scope of Work as detailed in
an attached exhibit to the consulting agreement.
b. Ankh was providing its services as an independent contractor.
Noon, 12-016
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c. This agreement had signature lines for Sharmain Matlock-Turner, President
& Executive Director, GPUAC, Kofi Asante, Executive Director, NCCF, and
Maria Noon, Consultant.
1. Maria Noon is the wife of Noon.
d. This agreement was signed by Kofi Asante and Maria Noon.
e. BETP funds were not part of NCCF’s grant.
30. Included as part of the agreement were Exhibit “A,” Scope of Work and Exhibit “B,”
Fee to Consultant. Exhibit “A” of the contract between Ankh and NCCF/GPUAC
included the following Scope of Work to be provided by Ankh:
a. Ankh will work with NCCF staff to promote, through training and policy
development, the following fundamental aspects of social work
professionalism in the various locations of its program:
Advocacy for social justice and social change with and on behalf (of)
clients
Sensitivity to cultural and ethnic diversity
Development of strategies to end discrimination, oppression, poverty,
and other forms of social injustice
Enhancement of the capacity of people to address their own needs
Promotion of responsiveness of organizations, communities, and
other social institutions to individual’s needs and social problems.
Training will consist of:
Strategic Planning
Systems analysis
Staff development
Contract compliance
Quality assurance
Community oriented needs assessments
Action oriented research
Multi-cultural and bi-lingual service provision (Spanish)
Child welfare social work services.
b. Exhibit “B”:
Fee to Consultant: NCCF will be billed an initial fee of $2,812.50 upon
approval of this Consultant Agreement. Subsequent to payment of initial fee,
NCCF will be billed monthly at $125.00 an hour.
31. An internal authorization form was signed by Kofi Asante on December 11, 2009, as
Program Director for NCCF, identifying Ankh as a program consultant.
a. This form was submitted to GPUAC.
b. Ankh Systems Consulting/Maria Noon is listed as the Program
Name/Consultant.
c. The funding source is identified as NCCF-D.F. 9223, with a contact person
identified as Kofi Asante.
Noon, 12-016
Page 10
d. The funding amount is listed as $6,968.75 for Ankh, with an anticipated
funding period of November 1, 2009, through January 31, 2010.
32. GPUAC’s internal authorization form is supported by a consultant agreement dated
November 1, 2009, between GPUAC/NCCF and Ankh.
a. This agreement covered the time frame of November 1, 2009, through
January 31, 2010.
b. The contract was for services in the amount of $6,986.75 as defined in
Exhibit “A” of the contract.
c. Ankh was providing services as an independent contractor.
d. Ankh had been providing services to NCCF as early as July 2009.
e. This contract was signed by Sharmain Matlock-Turner, President &
Executive Director, GPUAC, Kofi Asante, Executive Director, NCCF, and
Maria Noon, Consultant.
33. Ankh invoiced NCCF/GPUAC on or about November 30, 2009, for the following
services:
a. Services identified as being provided included:
Services Hours
Initial consultation @ NCCF & Return 6.00
Develop financial tracking 2.00
Review NCCF documents 2.00
Review government policy 6.00
Develop recommendation chart 16.50
Prep for conference call 0.75
Review BF case management training materials 0.50
Develop data collection instruments 7.25
Managing change research 8.50
Draft reporting format 1.75
Phone calls with NCCF staff 1.25
Close monthly activity 3.25
November Subtotal 55.75
Rate $125.00
Fee $6,968.75.
b. This invoice was submitted to GPUAC for payment by NCCF.
34. GPUAC issued check number 117688, dated January 13, 2010, in the amount of
$6,968.75 payable to Maria Noon.
a. The voucher part of this check reflects payment for invoice number 2264,
NCCF- Case Management Protocol Refinement.
b. This check was deposited into Metro Bank account number \[account number
redacted\] on January 13, 2010.
1. The account is in the name of Maria Noon.
Noon, 12-016
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c. GPUAC issued Maria Noon an IRS 1099-Miscellaneous Income Form
documenting non-employee compensation in the amount of $6,968.75 during
the 2010 calendar year.
35. Prior to entering into the contract with NCCF/GPUAC in 2009, Ankh maintained no
other consulting contracts.
36. Kofi Asante negotiated the contract on behalf of NCCF with Ankh.
a. Noon was Director of the BETP at the time this contract was entered into.
b. NCCF was receiving BETP funding in 2009 at the time this contract was
negotiated.
c. NCCF’s funding through the BETP was approved by Noon.
37. In addition to the contract resulting in $6,968.75 being paid to Ankh by NCCF,
Maria Noon/Ankh also submitted an undated, revised proposal for consulting and
advisory services in the amount of $41,250.00.
a. This proposed revised Consulting Agreement was never executed.
38. Subsequent to the November 2009 consulting agreement entered into with
GPUAC/NCCF, Ankh entered into additional consulting agreements with NCCF
beginning in or about February 2010.
a. At the time these consulting agreements were ongoing and payments were
made to Ankh by NCCF, Noon, in his capacity as Director of the BETP, was
authorizing grants to NCCF.
b. From February 24, 2010, to January 11, 2011, Ankh received payments from
NCCF totaling $31,141.25.
1. Noon had authorized grants to the benefit of NCCF in excess of $1.5
million during this period.
39. During the same period of time GPUAC/NCCF issued payments to Maria Noon and
Ankh, NCCF was receiving BETP funding.
a. NCCF’s funding stream included grants, private party donations and BETP
funding administered by GPUAC and later by InspiriTec, Inc.
b. As Director of the BETP, Noon had direct supervision of NCCF’s funding
administered by GPUAC and InspiriTec, Inc.
c. GPUAC administered BETP funding received by NCCF until about May
2010, when Noon directed that InspiriTec, Inc. begin administering the grant.
1. By moving NCCF from GPUAC to InspiriTec, Inc., the review process
was moved from Philadelphia to Harrisburg.
2. Additionally, GPUAC utilized a standard of review prior to issuing
payments, whereas InspiriTec, Inc. issued payment upon submission
of request.
40. Beginning in or about May 2010 and continuing until February 2011, NCCF
Noon, 12-016
Page 12
contracted with InspiriTec, Inc., 5590 Derry Street, Harrisburg, PA 17111, through
the SCWIB.
a. InspiriTec, Inc. is a non-profit organization whose mission is to provide
employment opportunities to disabled and disadvantaged persons in
computer related professions. The organization focuses on using
technology to empower the disabled to find meaningful employment.
InspiriTec, Inc. operates an information technology business that employs
and provides a supportive work environment for people with disabilities and
employment disadvantages.
1. InspiriTec, Inc. has been contracted to provide services to DPW and
the BETP.
b. InspiriTec, Inc. served as the fiscal agent for NCCF for BETP funding
provided under Noon’s supervision to the SCWIB.
c. InspiriTec, Inc. administered NCCF grant funds received through the BETP
primarily by issuing checks to pay NCCF invoices submitted by Kofi Asante.
d. Chasity Mosby, InspiriTec Inc.’s Senior Project Coordinator, would process
NCCF invoices for payment upon approval by BETP staff, including Noon.
41. NCCF entered into contracts with InspiriTec, Inc. regarding the Fatherhood Initiative
Program and D&O Manufacturing Program operations.
a. The contracts between NCCF and InspiriTec, Inc. were under the overall
supervision of the BETP.
b. The contracts were entered into as a result of NCCF being moved from the
PWDC to the SCWIB for funding.
1. Noon made the decision to move NCCF from the PWDC to the
SCWIB.
c. InspiriTec, Inc. was to serve as the fiscal agent for NCCF through the
release of funds to NCCF upon approval by Noon and his staff.
42. On September 15, 2010, a Fatherhood Initiative Contract was entered into between
NCCF and InspiriTec, Inc.
a. This contract was signed by Kofi Asante as Director of NCCF on September
11, 2010, and John Connolly, Jr., President of InspiriTec, Inc. on September
15, 2010.
b. This contract covered the period from July 1, 2010, through June 30, 2011,
with funding approved on an annual basis.
c. NCCF funding to be administered by InspiriTec, Inc. for the period from July
1, 2010, through June 30, 2011, was approved in the amount of
$1,500,000.00.
d. Any requests for budget modifications and/or amendments were to be made
by submitting a new budget highlighting the revisions to the BETP for
approval.
e. The BETP was to review requests for funding changes and advise
Noon, 12-016
Page 13
InspiriTec, Inc. and the provider of approval/disapproval.
f. The contracts program summary stated “the purpose of the Fatherhood
Initiative program is to provide custodial and non-custodial fathers of
Temporary Assistance to Needy Families (TANF) and/or Family Works 235
eligible children with the education and training necessary to place them into
employment that will allow the fathers to nurture their children, both
financially and socially, and continue, or resume child support payments.”
g. The approved budget for the contract period from July 1, 2010, through June
30, 2011, did not contain any funding designated for consultant services.
h. InspiriTec, Inc. payments to NCCF for this contract were made through an
automated clearing house process (electronic transfer).
43. InspiriTec, Inc. notified NCCF of its intention to renew this contract for the period
from July 1, 2011, through June 30, 2012, by way of correspondence dated
September 15, 2011.
a. This contract renewal was signed by Kofi Asante, NCCF on September 15,
2011, and John Connolly, InspiriTec, Inc., on October 3, 2011.
b. Contract funding set by the BETP for this period totaled $2,604,260.00,
which included consultant services in the amount of $53,000.00.
44. NCCF and InspiriTec, Inc. entered into a contract beginning May 1, 2010, through
June 30, \[2010\], for NCCF’s D&O Manufacturing Program.
a. NCCF funding as set by the BETP for the period from May 1, 2010, through
June 30, 2010, was $231,344.00, which did not include any fees for
consultants.
b. This contract was signed by Kofi Asante, NCCF on May 1, 2010, and John
Connolly, InspiriTec, Inc., on June 8, 2010.
c. Any requests for budget modifications and/or amendments were required to
be made by submitting a new budget highlighting the revisions to the BETP
for approval.
d. The BETP was to review requests for funding changes and advise
InspiriTec, Inc. and NCCF of approval/disapproval.
e. The contract program summary was “to provide TANF and 20 Family Works
recipients with a centralized worksite for industry specific training in the
areas of tailoring, design, customer service and shipping & receiving…(with)
a manufacturing company that produces 1500 scrubs, per month, through an
assembly line and process them through the shipping and receiving
department.”
45. InspiriTec, Inc. notified NCCF of its intention to renew the D&O Manufacturing
Program contract for the period from July 1, 2010, through June 30, 2011, by way of
correspondence dated August 17, 2010.
a. This contract renewal was signed by Kofi Asante, NCCF on August 18, 2010,
and John Connolly, InspiriTec, Inc., on September 10, 2010.
b. Contract funding was in the amount of $1,104,280.00.
Noon, 12-016
Page 14
c. Consultant services were budgeted in the amount of $146,615.00.
46. Noon took an active role in securing funding and assuming oversight for NCCF as
early as October 2009.
a. Noon made decisions as the BETP Director that NCCF would come under
full oversight of the BETP, including funding levels, and informed Kofi Asante
of those decisions by e-mail.
47. Noon sent the following e-mail to Kofi Asante on October 27, 2009, concerning
Noon’s oversight of NCCF, including funding levels:
October 27, 2009, at 3:31 p.m., Noon to Kofi Asante re: NCCF and BETP funding.
“Kofi: As we discussed recently, discussions between PWDC and BETP have
resulted in your program coming under full oversight of BETP. We will treat your
program as a “pass through” arrangement rather than as a part of the PWDC EARN
program. As a “pass through”, funds will still go through PWDC, but decisions
regarding funding levels, program design and monitoring will be the responsibility of
BETP. All(of) the details about your 09-10 funding are not yet finalized, but I can
share the following information:
Fatherhood Initiative – we intend to fund that program at $1 mil, but we are open to
discussions regarding expanding the slot levels and related funding…
NCP program with EDSI- BETP & BCSE still intend to fund this program at the level
of previous years.
Prison Society – BETP has plans to continue funding this program at least at the
level of the pilot, but it is very likely that we will expand the slot levels and related
funding for this initiative also.
In the very near future, my fiscal staff, our Philadelphia Division and I will be in
touch with you to finalize our plans for the coming year. In the meantime, if you
have any other questions about next steps, please do not hesitate in contacting
me.”
48. At the time of Noon’s October 27, 2009, e-mail to Asante, Noon’s company, Ankh,
had been providing consulting services to NCCF since as early as July 18, 2009.
a. Ankh prepared a “Work Plan for NCCF Case Management Protocol
Refinement” dated July 18, 2009.
b. Ankh identified activity areas and Ankh’s role as follows:
Activity Who Start Finish Resources
Ankh, Mr.
Asante, Case Internet research, government
1. Review Management policy review, review NCCF
current policy Supervisor 07/22/09 08/07/09 materials
Ankh, Case Face-to-face and/or
Management teleconferencing interviews
2. Interviews Supervisor 08/03/09 08/07/09 with staff
Noon, 12-016
Page 15
3. Ankh, Case
Observations Management Onsite observation logs, staff
(NCCF- Philly) Supervisor 08/03/09 08/07/09 and clients
Ankh, Mr.
4. Present Asante, Case
findings from Management Compilation of notes and
1-3 Supervisor 08/12/09 08/12/09 preliminary findings
Ankh, Mr.
5. Present Asante, Case Development of working
draft of revised Management model of case management
protocols Supervisor 08/19/09 08/19/09 protocol
6. Refine draft Finalize edits, incorporating
of protocols Ankh 08/21/09 08/21/09 NCCF feedback
7. Train case Meet with case management
management supervisory staff-Train the
supervisors Ankh 08/26/09 09/01/09 trainer
8. Observation Ankh, Case
(NCCF Multiple Management Onsite observation of staff and
Sites) Staff 09/01/09 10/09/09 clients under new protocol
c. The final report identified a full report by Ankh by October 20, 2009, seven
(7) days prior to Noon’s e-mail to Asante.
d. Ankh submitted an initial invoice to NCCF on or about July 22, 2009, for
services to be provided between July 22, 2009, and September 5, 2009.
49. On November 15, 2009, Noon e-mailed BETP subordinate staff confirming his
intentions to fund special initiatives in Philadelphia, including NCCF in an amount of
$1,000,000.00. Noon’s e-mail is as follows:
a. November 15, 2009, at 8:29 p.m., Noon to Dale Porter, cc: (BETP staff) Leon
Simmons, Deborah Bush and Sue Pulaski, subject: funding intentions.
“Dale this email is to confirm our intentions to fund special initiatives in
Philly. A formal letter will come from my office in the near future. That letter
may contain additional items and/or adjustments not included in this list.
1. Manna $200k (SNAP funds)
2. PEC $300k (program dollars and PWE)
NCCF/GPUAC Fatherhood Initiative ($1 mil TANF – not from PWDC base)
3.
NCP (NCCF) $50k
4.
NCP (EDSI/NCCF) NCCF $1,195,165
5.
GPUAC EIC Outreach $300k
6.
7. ISCV Parents in schools $90K
Prison Society/NCCF $600k
8.
9. CATCH $410k
10. Congreso $350k
11. Nueava Mini CareerLink $30k
12. TWC $4.6mil (base funding, PWE funding will be considered separately)
13. Beverly Harper $0
14. OCYF Consulting $0
Noon, 12-016
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15. MCC (Legislative Initiative) $0
16. Nueva (Legislative Initiative) $0
PWDC is authorized to charge 1.5% admin against each of the contracts. Please
be in touch with each of these providers to begin immediate contract execution if
such processes are not already underway. Please give me a call if you have any
questions…” (Emphasis added)
50. Ankh’s first payment in the amount of $6,968.75 from NCCF, dated January 13,
2010, was issued approximately two months after Noon approved $1,000,000.00 to
NCCF for the Fatherhood Initiative Program.
51. Noon, in his official capacity as Director of the BETP, authorized an additional
$200,000.00 in start-up funding for NCCF’s D&O Manufacturing Program contract
on June 8, 2010, bringing the total allocation to $431,344.00.
a. Kofi Asante signed a revised Assurance Document dated June 18, 2010,
reflecting the increased budget amount.
52. On June 8, 2010, Noon notified subordinate BETP staff of his decision to increase
funding for the D&O Manufacturing Program by $200,000.00.
a. On June 10, 2010, Noon again e-mailed his subordinate staff of the urgency
to increase funds to NCCF.
b. On June 17, 2010, Noon e-mailed Sue Pulaski, advising the additional funds
for NCCF were approved.
53. Noon’s e-mails of June 8, 2010, June 10, 2010, and June 17, 2010, along with an
InspiriTec, Inc. e-mail, confirm the approval of an additional $200,000.00 to NCCF
as follows:
a. June 8, 2010, at 12:22, e-mail from Noon to Sue Pulaski, cc: Deborah Bush,
Leon Simmons, subject: additional current year funding for NCCF.
“As we discussed this morning, I would like to allocate additional funding in
the amount of $200k to NCCF through the Inspiritec special initiatives
contract. These funds will be used to support additional startup costs for the
project and program expenses. Please have Inspiritec make the additional
funds available to NCCF as soon as possible.”
b. June 10, 2010, at 7:33 a.m., e-mail from Noon to Sue Pulaski, cc: Deborah
Bush, Leon Simmons, Kofi Asante, subject: Re: additional current year
funding for NCCF.
“Sue/Deb: I was glad to hear that the funding has been formally
identified…This is a reminder that the addition of these funds has to happen
th
pretty quick, as NCCF only has until June 30 to spend the startup dollars.
Any unused portion of the startup funding will lapse and must be returned by
NCCF and we’ll have to identify 2010-2011 money to address any remaining
issues.”
c. June 17, 2010, 8:46 a.m., e-mail from Chasity Mosby (InspiriTec, Inc.) to
Deborah Bush, subject: SI-Manufacturing Program June 10 additional funds
invoice.
Noon, 12-016
Page 17
“Hi Deb, attached is the SI-Manufacturing Program invoice for the additional
$200,000. Please let me know if this is approved or if any changes need to
be made.”
d. June 17, 2010, at 8:52, this e-mail is forwarded by Bush to Noon with a cc to
Sue Pulaski.
Bush requests Noon’s approval of the $200,000.
“Will you please approve this invoice for $200,000?”
e. June 17, 2010, 8:54, e-mail from Noon to Bush, cc: Sue Pulaski, subject: SI-
Manufacturing Program June 10 additional funds invoice.
“Approved…”
54. Noon approved NCCF’s D&O Manufacturing Program Assurance Document and
directed his staff to quickly initiate the program:
a. E-mails confirming Noon’s role are as follows:
May 19, 2010, 3:46 p.m., e-mail from Deborah Bush to Noon, cc: Sue
Pulaski and Leon Simmons, subject: D&O Manufacturing Program
Assurance Document.
“Here is the final version of NCCF’s D&O Manufacturing Program assurance
document for your review and comment.”
b. May 20, 2010, 9:00 a.m., e-mail response from Noon to Bush: “I’m fine with
this…once Leon reviews and comments…let’s move quickly with this.”
55. In addition to authorizing funding for NCCF’s Fatherhood Initiative Program (“FI”)
and D&O Manufacturing Program (“D&O”), Noon was actively involved in NCCF’s
budget review and combining the FI and D&O into a single program. E-mails
between July 29, 2010, and August 17, 2010, confirm the following:
July 29, 2010, 6:17 p.m., e-mail from Tony McNiel (NCCF) to Noon, cc: Kofi
Asante, Michelle Martin, subject: third times a charm D&O.xlsx.
rd
“Good Evening Dr. Noon, I believe the 3 time is a charm. I have made the
changes we discussed on the phone. Here’s knowing the third time’s a
charm, please review.”
July 29, 2010, 10:18 p.m., e-mail reply from Noon to McNiel, cc: Kofi Asante,
Michelle Martin, Leon Simmons, Sue Pulaski, Deborah Bush.
“This is a better budget. Thank you. Please work with Leon to get this
contracted.”
August 17, 2010, 3:01 p.m., e-mail forwarded from Sue Pulaski to Noon, cc:
Deborah Bush, subject: FW: D&O Manufacturing Budget.
“D and O – Bryon, please see Deb’s comments below. Chasity is working to
get this expedited ASAP. I will still call John and give him a head’s up. We
would like to have some further revisions to this budget at the time we
combine FI and DO if not before. I have an email crafted to Tony and will cc
you.
Noon, 12-016
Page 18
FI _ Deb was in receipt of the FI budget last Tuesday and had a subsequent
phone conversation with Leon regarding some budget items. He agreed to
follow up on the questions and she has not heard back from him yet. We are
also in need of a work statement which you indicated was forthcoming in an
th
email on August 5. Both of these are necessary to incorporate FI with DO.
If I understood our conversation from this afternoon, the plan is to role FI into
the DO contract with and effective date back to 7-1-2010 rather than
contracting FI separately and then consolidating the two at a later date.”
August 17, 2010, 4:08 p.m., reply Noon to Pulaski, cc: Deborah Bush, Leon
Simmons.
“FI is their primary program… D&O is a centralized work site. So, the end
game is to fold D&O into FI as a “sub-program”. In the future, there are other
subprograms like “workNstyle” and the NCP project that we may also want to
fold into the overall FI contract.”
a. The act of combining the FI and D&O projects eliminated the need to obtain
two separate authorizations/approvals prior to releasing funds, thereby
streamlining the process to release funds to NCCF.
56. Noon did not seek Blanchette’s approval to switch NCCF from the PWDC to the
SCWIB and InspiriTec, Inc. effective May 1, 2010.
57. On August 17, 2010, Noon engaged in e-mail discussions with his subordinate staff
which included requesting an update on D&O’s contract and the status of a pending
NCCF invoice and directing that a special initiative document be issued to
guarantee that funds be provided to NCCF.
a. Noon questions why NCCF has not received a payment and is informed by
staff that the authorizing agent for the grant (InspiriTec, Inc.) might question
paying the invoice.
b. Noon directs that a special initiative document be in place by “yesterday” to
ensure payment to NCCF.
c. Noon stresses to his staff the urgency of getting a payment to NCCF.
58. The August 17, 2010, e-mails between Noon and his subordinate staff confirm the
following exchange:
a. August 17, 2010, 10:27 a.m., e-mail from Noon to Deborah Bush, subject:
Update – NCCF.
“There was a recent invoice for NCCF’s D&O contract. Can you give me a
status update on the contract and invoice?”
b. August 17, 2010, 11:41 a.m., e-mail response from Bush to Noon, cc: Sue
Pulaski.
“The last invoice that I received was on 6/17/10 which I forwarded to Chasity
for processing on 6/18/10. However, this invoice was from last program
year. I haven’t received any invoices since then.
Chasity is waiting for me to provide a budget for her for FY 10-11, so she
can send out the renewal document to Mr. Asante for his signature. I was in
Noon, 12-016
Page 19
contact with Leon last Tuesday with some questions concerning this
attached (final) budget, The major concern was the 8% administrative fee
totaling $111,111, since GPUAC is no longer involved in this contracting
process. I haven’t had the opportunity to touch base with Leon to see what
changes were made to this final budget, after he contacted NCCF
concerning the issues that we had discussed. I will follow up with Leon
today.
Do we have a FI work statement from NCCF for this year? I haven’t received
this statement.
Update: The Special Initiative renewal document was mailed last week and
arrived at PIBH’s Delaware branch office on Friday. John Connolly is
traveling to Erie today and will be there for the remainder of the week. Betty
Hartman from InspiriTec’s Delaware branch will overnight the document to
John for review and signature. Chasity is going to check with John to see if
he is going to have their lawyers review the document before he signs off on
it. I did convey to Chasity that the only changes would be to the funding
year and the amount allocated for this year.”
c. August 17, 2010, 1:25 p.m., e-mail response from Noon to Bush, cc: Sue
Pulaski.
“We need to get the special initiative document in place “yesterday”…. This
program will be running into a cash flow problem within days. Not sure how
it happened, but we need to make up for the lost time in getting the renewal
document signed and we need to get John Connolly signature.”
d. August 17, 2010, 1:03 p.m., e-mail from Bush to Noon, cc: Leon Simmons,
Sue Pulaski, subject: quarterly invoice.
“According to their payment provision section of their contract NCCF
th
invoices BETP by the 15 of each month for the previous month’s services
on an approved invoice document. Do you approve this quarterly invoice
amount of $276,070.63?”
e. August 17, 2010, 1:37 p.m., e-mail reply from Pulaski to Noon, cc: Leon
Simmons, Deborah Bush.
“Bryon, just a heads up. This quarterly invoice is not in compliance with the
payment provisions of the assurance document for D and O. I know
InspiriTec had and issue the last time with the D&O startup invoices being
advance payments, and they indicated they would not do any more
“advance” payments, which is what this invoice is requesting, so we may get
this rejected.”
f. August 17, 2010, 1:45 p.m., e-mail reply from Noon to Pulaski, cc: Leon
Simmons, Deborah Bush.
“Ok…Given them a call and ask for a revised document. I’m not harping on
this next point, but just elevating the urgency needed to assist them…
Because we are planning to consolidate this contract with FI, we need to
advocate for expediency and flexibility. They have many staff to pay and we
need to find a way to get them funding quickly to cover FI and DO costs.
Since there is no FI contract in place, we need to find a mechanism to allow
them to draw. Perhaps a letter of agreement in place for FI until the full
budget is executed… Just some document to allow them to draw funds.”
Noon, 12-016
Page 20
59. Around August 17, 2010, when Noon was directing an expedited payment to NCCF,
his company, Ankh, was receiving payments from NCCF as noted below:
8/16/10 $2,600.00
8/27/10 $4,200.00
9/24/10 $4,940.00.
60. By way of correspondence dated October 13, 2010, from Noon to Asante, on BETP
stationery, Noon informed Asante that NCCF’s contract with InspiriTec, Inc. for the
D&O Manufacturing Program would be merging into its contract for the Fatherhood
Initiative Program effective November 1, 2010. Noon advised Asante as follows:
a. “In the past month or so the Bureau of Employment and Training Programs
(BETP) has been in discussions with you regarding the merging of your
Manufacturing Program with your Fatherhood Initiative Program, since the
Manufacturing Program can be considered a viable training option that will
lead to immediate employment for its enrollees. This in turn will allow non-
custodial fathers the ability to nurture their children, both financially and
socially, and to begin or resume paying child support as outlined in the
program summary section of your Fatherhood Initiative Program’s assurance
document with Inspiritec, Inc.
Inspiritec, Inc. will be using the Termination of Convenience option listed in
your assurance document as the reason for ending this contract at the
request of BETP.
This letter is official notification that Inspiritec, Inc. will be ending your
Manufacturing Program contract effective October 31, 2010 and including
this program as a component of your Fatherhood Initiative Program Contract
effective November 1, 2010. The balance of the Manufacturing Program
allocation will be added to the Fatherhood Initiatives allocation.”
61. Effective November 1, 2010, NCCF’s Fatherhood Initiative Program and D&O
Manufacturing Program contracts with InspiriTec, Inc., covering the period from July
1, 2010, through June 30, 2011, were merged into a single contract.
a. Funding under the new, combined contract for the period from July 1, 2010,
through June 30, 2011, was approved by the BETP in the amount of
$2,169,217.00.
1. Noon participated in the decision to combine the contracts and the
total amount of the contract.
b. Signatures on the combined contract were those of Kofi Asante, NCCF on
March 23, 2011, and John Connolly, InspiriTec, Inc., on May 19, 2011.
c. Consultant services for the period from July 1, 2010, through June 30, 2011,
were budgeted in the amount of $103,289.00.
62. InspiriTec, Inc. payments to NCCF were initiated by a monthly invoice and request
being e-mailed to BETP employee Deborah Bush.
th
a. NCCF invoices were addressed to BETP, Leon Simmons, 8 and Market
Streets, Philadelphia, PA 19106.
Noon, 12-016
Page 21
1. Simmons was a contracted BETP employee, responsible for the
Philadelphia region, under Noon’s direct supervision.
b. Bush would initially review the invoice to ensure that there were sufficient
budgeted funds available to pay the invoice, per budget line item.
c. After Bush would review the invoice for budgeting purposes, she would seek
payment authorization from either Simmons or Noon.
1. This payment authorization was typically obtained by e-mail.
d. Once Bush would receive payment authorization from either Simmons or
Noon, she would forward the authorization by e-mail to Chasity Mosby of
InspiriTec, Inc. for payment.
e. InspiriTec, Inc. would facilitate an electronic transfer of funds into NCCF
accounts once a payment authorization was received.
f. Payments were made by InspiriTec, Inc. to NCCF as a drawdown of
available budgeted funds, per program funding year.
63. Between May 1, 2010, and February 17, 2011, twelve (12) NCCF invoices, at least
three (3) of which included line item charges for consulting services, were
processed by the BETP under Noon’s supervision, for payment.
a. During this same time, Noon’s business, Ankh, was simultaneously receiving
payments for consulting services provided to NCCF.
b. None of the invoices including billings for consultant services identified the
consultant(s) paid, just the total billing amount.
64. On at least three occasions between May 1, 2010, and February 2011, Noon
contacted Mosby at InspiriTec, Inc. to expedite payments to NCCF.
a. Noon did not contact Mosby attempting to expedite payments to any other
provider receiving BETP funding for which InspiriTec, Inc. served as the
fiscal agent.
1. InspiriTec, Inc. served as the fiscal agent on approximately 75 BETP
contracts, including NCCF’s, during this time frame.
b. InspiriTec, Inc. did not receive any documentation from NCCF to indicate it
was paying Ankh as a subcontractor from BETP funding that NCCF received.
65. The following chart details all NCCF invoices submitted to the BETP for payment
between May 1, 2010, and February 17, 2011, including any consulting fees and
BETP approval:
Invoice Consulting Approved Approval
Entity Invoice Period Total Fees By Date Method
NCCF 6/14/10 $282,075.00 $15,000.00 Simmons 5/27/10 Signature
NCCF 6/1/10 - 8/15/10 $169,829.00 None Noon 8/17/10 E-mail
8/16/10 -
D&O 8/31/10 $59,402.93 None Simmons 9/24/10 E-mail
D&O 9/1/10 - 9/30/10 $101,755.33 $12,500.00 Simmons 10/20/10 E-mail
Noon, 12-016
Page 22
10/1/10 -
D&O 10/31/10 $104,075.33 $12,500.00 Simmons 11/8/10 E-mail
NCCF 7/1/10 - 7/31/10 $137,377.84 None Noon 9/16/10 E-mail **
NCCF 8/1/10 - 8/31/10 $137,377.84 None Noon 9/16/10 E-mail **
NCCF 9/1/10 - 9/30/10 $223,223.16 None Simmons 10/20/10 E-mail
10/1/10 -
NCCF 10/31/10 $196,583.00 None Simmons 11/24/10 E-mail
11/1/10 -
NCCF 11/30/10 $267,652.18 None Simmons 12/6/10 E-mail
D&O, 12/1/10 -
FI 12/31/10 $270,172.92 None Simmons 1/24/11 E-mail
D&O,
FI 1/1/11 - 1/31/11 $247,930.02 None Simmons 2/17/11 E-mail
** Both invoices approved at the same time by Noon, via e-mail dated
September 16, 2010.
66. NCCF’s invoice covering the billing period of 10/01/10 – 10/31/10 was initially
submitted to the BETP in the amount of $216,583.00, which included $20,000.00 for
consulting services.
a. The vendor(s) to provide the consulting services was not identified.
b. The $20,000.00 consulting services portion of this invoice was rejected by
BETP’s Deborah Bush on November 16, 2010, because consulting services
were not included as a budgeted line item in the Fatherhood Initiative
Program budget.
c. The balance of $196,583.00 was resubmitted by NCCF and approved for
payment by the BETP (Leon Simmons) on November \[24\], 2010.
67. NCCF maintained at least two (2) checking accounts at Citizens Bank which were
used as depositories for BETP funding.
a. Citizens Bank account numbers \[account number redacted\] and \[account
number redacted\] were utilized by NCCF as depositories for funding
provided through the BETP.
b. Account number \[account number redacted\] is a business checking account
which was opened by Kofi Asante on June 10, 2008.
1. Asante is the authorized signatory on this account.
c. Account number \[account number redacted\] was opened by Kofi Asante on
June 25, 2010, and was titled NCCF Petty Cash.
1. Asante is the authorized signatory on this account.
68. During the same time frame in 2010-2011 that Noon was authorizing funding to and
approving mergers of programs to the benefit of NCCF, Ankh, a business with
which Noon and his spouse are associated, received payments from NCCF.
69. Between February 24, 2010, and January 11, 2011, NCCF issued seven (7)
payments totaling $31,141.25 to Maria Noon/Ankh for consulting services.
a. Two payments totaling $4,281.25 were issued in the name of Maria Noon.
Noon, 12-016
Page 23
b. Five (5) payments totaling $26,860.00 were issued to Ankh.
70. Ankh business records confirm the following seven (7) invoices were issued to
NCCF for consulting services covering the period from June 9, 2010, through
November 30, 2010.
a. Invoice dated June 9, 2010, prepared by Maria D. Noon for the billing period
June 9, 2010, in the amount of $7,800.00 for services identified as “retainer”
with service details of “per the work statement, the client agrees to pay the
initial retainer at the time of contract execution. Service to be provided:
consultation regarding refinement of policies and strategic planning.”
b. Invoice dated June 30, 2010, prepared by Maria D. Noon for the billing
period of June 1, 2010, to June 30, 2010, in the amount of $3,900.00 for
services identified as case management protocol refinement.
1. Service details listed below did not include the actual date(s) of
service:
Services Time
Professional Consulting Services 30 (total)
On Site Meeting 5
Document Review 12
Document Development 8
Policy Development 3.5
Strategic Planning 1.5
June Subtotal 30
Rate $130.00
Fee $3,900.00.
c. Invoice dated July 31, 2010, prepared by Maria D. Noon for the billing period
of July 1, 2010, to July 31, 2010, in the amount of $6,500.00 for services
identified as case management protocol refinement.
1. Service details listed below did not include the actual date(s) of
service:
Services Time
Professional Consulting Services 50 (total)
Document Review 20
Document Development 17
Policy Development 12
Strategic Planning 1
July Subtotal 50
Rate $130.00
Fee $6,500.00.
d. Invoice dated August 31, 2010, prepared by Maria D. Noon for the billing
period of August 1, 2010, to August 31, 2010, in the amount of $4,550.00 for
services identified as case management protocol refinement.
1. Service details listed did not include the actual date(s) of service:
Services Time
Professional Consulting Services 35 (total)
On Site Meeting 6
Noon, 12-016
Page 24
Document Review 18
Document Development 7
Policy Development 2
Strategic Planning 2
August Subtotal 35
Rate $130.00
Fee $4,550.00.
e. Invoice dated September 30, 2010, prepared by Maria D. Noon for the billing
period of September 1, 2010, to September 30, 2010, in the amount of
$4,940.00 for services identified as case management protocol refinement.
1. Service details listed did not include the actual date(s) of service:
Services Time
Professional Consulting Services 35 (total)
Document Review 6
Document Development 18
Policy Development 7
Unspecified 2
Unspecified 2
September Subtotal 38
Rate $130.00
Fee $4,940.00.
aa. Although thirty-five (35) hours of consulting services are listed
on this invoice, thirty-eight (38) hours are listed for the
September subtotal.
f. Undated invoice prepared by Maria D. Noon for the billing period of October
1, 2010, to October 31, 2010, claimed no expenses for services identified as
case management protocol refinement.
1. Service details listed reflect “no work logged” for the month.
g. Invoice dated November 30, 2010, prepared by Maria D. Noon for the billing
period of November 1, 2010, to November 30, 2010, in the amount of
$7,020.00 for services identified as case management protocol refinement.
1. Service details listed do not include the actual date(s) of service:
Services Time
Professional Consulting Services 54
Document Review Not Listed
Document Development Not Listed
Policy Development Not Listed
On Site Visit Meeting Not Listed
November Subtotal 54
Rate $130.00
Fee $7,020.00.
71. Ankh has no record of any executed contracts with NCCF.
a. Ankh has no records related to any service performed for NCCF.
72. The following chart confirms payments made by GPUAC and NCCF to Maria Noon
and Ankh since January 13, 2010, during the same time frame that Noon was using
Noon, 12-016
Page 25
his public position to approve Commonwealth funding for NCCF.
Date Ch. # Amount Payee Account
01/13/10 117688 $6,968.75 Maria Noon GPUAC Unknown Acct #
NCCF Acct # \[account
02/24/10 1265 $2,000.00 Maria Noon number redacted\]
NCCF Acct # \[account
05/05/10 1288 $2,281.25 Maria Noon number redacted\]
NCCF Acct # \[account
06/24/10 77 $7,800.00 Ankh number redacted\]
NCCF Acct # \[account
08/16/10 198 $2,600.00 Ankh number redacted\]
NCCF Acct # \[account
08/27/10 224 $4,500.00 Ankh number redacted\]
NCCF Acct # \[account
09/24/10 125 $4,940.00 Ankh number redacted\]
NCCF Acct # \[account
01/07/11 302 $7,020.00 Ankh number redacted\]
Total: $38,110.00
a. No invoices were provided by NCCF or Ankh to support the February 24,
2010, and May 5, 2010, payments made to Maria Noon totaling $4,281.25.
73. The three (3) checks made payable to Maria Noon were deposited into Metro Bank
account number \[account number redacted\].
a. After these deposits were made to account \[account number redacted\], a
portion of each deposit was transferred into Metro Bank account number
\[account number redacted\].
b. This is a joint account in the names of Bryon C. or Maria Noon.
74. All five (5) checks made payable to Ankh were deposited into Metro Bank account
number \[account number redacted\].
a. This account was opened on or about February 22, 2010.
b. The account owner is Bryon Noon d/b/a Ankh Systems Consulting.
c. These five (5) checks totaled $26,860.00.
75. The five (5) checks issued to Ankh by NCCF were deposited into account number
\[account number redacted\].
76. Activity for Metro Bank account number \[account number redacted\] confirms that
account funds were utilized for expenditures at businesses including Wal-Mart,
Turkey Hill, Kmart, CVS, Amtrak, Toys R Us, McDonalds, Burger King and 7-
Eleven.
a. Additionally, funds were transferred into other Metro Bank accounts under
Bryon Noon’s control, including account numbers \[account number redacted\]
and \[account number redacted\].
77. In or about the fall of 2011, the BETP received information questioning
expenditures made by NCCF.
Noon, 12-016
Page 26
a. Questions raised included whether payments were made to Maria Noon and
Ankh by NCCF.
b. As a result, the Bureau of Financial Operations initiated an audit in
November 2011 of NCCF.
c. The audit was conducted to determine compliance with DPW’s Fatherhood
Initiative Program and D&O Manufacturing Program contracts.
78. As a result of the issues raised to OIM regarding payments to his business and his
spouse, Noon was suspended from his position as Director of the BETP effective
October 20, 2011.
79. Samuel M. Lamonto, Chief, Employee Relations and Development, DPW, notified
Noon on October 24, 2011, that he was being suspended from his position as
Director effective October 20, 2011.
80. Deputy Secretary for the Office of Income Management \[sic\], advising that he was
resigning his position as Director of the BETP effective immediately.
a. On November 2, 2011, correspondence was sent to Noon, from the
Pennsylvania HR Service Center, P.O. Box 824, Harrisburg, PA 17108,
confirming Noon’s retirement from his position as … Director effective at the
close of business on October 27, 2011.
81. An audit report of NCCF was issued on June 4, 2012.
a. Excerpts from the June 4, 2012, audit report regarding NCCF covered the
period from May 1, 2010, to June 30, 2011, and related correspondence and
audit findings.
b. The audit documented consulting work performed by Ankh while Noon
simultaneously was serving as a DPW employee and President of Ankh.
c. From January 2010 through January 2011, NCCF paid Ankh $38,110.00
allegedly for consulting services performed for NCCF, as a subcontractor,
engaged in welfare to work activities and funded by DPW.
82. Noon, through his public employment as Director of the BETP, utilized the authority
of his public position to authorize fund allocation, as well as funding payments, to
NCCF at a time when Noon possessed a financial interest in Ankh, a private
consulting business which had entered into consulting agreements with NCCF.
a. As depicted below, Noon utilized the authority of his public position to gain
100% oversight over NCCF Commonwealth-funded programs and approved
release of public monies to NCCF in close proximity to times when, either
immediately prior to or immediately following the release of public funds by
Noon to NCCF, Ankh received a payment from NCCF.
Noon’s actions in 2009:
Noon, in his official capacity as Director of the BETP, authorizes the
release of funds for WIBs and WIAs concerning Commonwealth fiscal
year 2009-2010.
Noon, 12-016
Page 27
On or about July 1, 2009, the first date of the Commonwealth fiscal
year, GPUAC/NCCF receives the BETP allocation of $1,500,000.00
for the Fatherhood Initiative Program.
A mere twenty-two (22) days later, a Consulting Agreement is entered
into between GPUAC/NCCF and Ankh for $11,250.00.
On October 27, 2009, Noon communicates with Kofi Asante via e-mail
and informs Asante that Noon was successful in placing all of
Asante’s programs monitored by the Commonwealth under BETP’s
oversight, and subsequently under Noon’s authority.
Within five (5) days of Asante’s programs being placed under Noon’s
control, GPUAC/NCCF enters into a consulting agreement with Ankh
on November 1, 2009, for $6,986.75.
On Sunday, November 15, 2009, Noon drafts an e-mail to Dale Porter
and BETP staff, informing them of Noon’s funding intentions for
GPUAC/NCCF programs. Noon’s e-mail is two (2) weeks after
GPUAC/NCCF enters into its agreement with Ankh (which also
occurred on a Sunday, November 1, 2009).
Noon’s actions in 2010:
Now that GPUAC/NCCF were under the direct supervision of Noon’s
Commonwealth agency, on May 1, 2010, Noon transitions NCCF
financial services from GPUAC to InspiriTec, Inc.
Within four (4) days of Noon transferring NCCF’s financial services to
InspiriTec, Inc. (May 5, 2010), a $2,281.25 payment is made by
NCCF to Maria Noon.
On May 20, 2010, Noon directs his subordinates to “move quickly” in
regards to implementing the D&O Manufacturing Program budget
Noon approved, followed by Noon authorizing the release of the
additional D&O budget funds in the amount of $200,000.00 to NCCF
on June 8, 2010.
Nine days later, on June 17, 2010, Noon approves InspiriTec, Inc. to
release the $200,000.00 to NCCF, allowing for Ankh to be paid
$7,800.00 from NCCF on June 24, 2010 – seven (7) days later.
The day after Ankh receives a $2,600.00 payment from NCCF
(August 16, 2010), Noon authorizes payment of NCCF’s invoice(s) for
the period of June 1, 2010, to August 15, 2010. Noon’s approval is
on August 17, 2010, following a payment made to his company by
NCCF, and it is noteworthy that Ankh’s payment from NCCF is not
included within the submitted invoice(s) (6/1/2010 – 8/15/2010).
Ten days after Noon e-mails BETP staff of his intent to merge NCCF’s
Fatherhood Initiative Program and its D&O Manufacturing Program
(August 17, 2010), Ankh receives a $4,500.00 payment from NCCF
on August 27, 2010.
Noon, 12-016
Page 28
On September 16, 2010, Noon authorizes the payment of two (2) of
NCCF’s invoices each totaling $137,377.84; eight (8) days later on
September 24, 2010, Ankh receives $4,940.00 from NCCF.
On November 1, 2010, NCCF receives $2,169,217.00 in BETP
funding to cover the time period from July, 1, 2010, until June 30,
2011. On January 7, 2011, Ankh receives a $7,020.00 payment from
NCCF.
b. In June 2010, Noon never sought the approval of Blanchette to increase
BETP funding to NCCF’s D&O Manufacturing Program by $200,000.
The following findings relate to allegations that Noon failed to disclose his
office, directorship or employment and his financial interest in Ankh, a legal
entity in business for profit, on his Statements of Financial Interests.
83. Noon, in his official capacities as Director of the BETP and a Welfare Program
Executive 1, was annually required to file Statement of Financial Interests and
Governor’s Code of Conduct forms, by May 1, containing information for the prior
calendar year.
84. Noon, in his official capacities as Director of the BETP and a Welfare Program
Executive 1, filed Statement of Financial Interests forms and Governor’s Code of
Conduct forms for calendar years 2007 through 2011.
85. Noon was not consistent in reporting his office, directorship or employment and his
financial interest in Ankh, a legal entity in business for profit, on both his Statement
of Financial Interests and his Governor’s Code of Conduct forms. Noon reported
his interests on at least one of the required forms for each year a reporting was
required.
a. Ankh was formed by Noon as a sole proprietorship.
III.DISCUSSION:
As Director of the Bureau of Employment Training Programs for the Pennsylvania
Department of Public Welfare from approximately December 8, 2008, until October 28,
2011, Respondent Bryon C. Noon, also referred to herein as “Respondent,” “Respondent
Noon,” and “Noon,” was a public employeesubject to the provisions of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.
The allegations are that Noon violated Sections 1103(a), 1105(b)(8), and 1105(b)(9)
of the Ethics Act: (1) when he used the authority of his public position for the private
pecuniary benefit of himself, a member of his immediate family and/or a business with
which he and/or a member of his immediate family is associated by approving or awarding
grants to companies at a time when he had a reasonable expectation that Ankh Systems
Consulting, a business with which he and a member of his immediate family are
associated, would receive subcontracts; (2) when he failed to disclose his office,
directorship or employment in Ankh Systems Consulting on Statements of Financial
Interests (“SFIs”) filed for the 2007, 2008, 2009, and 2010 calendar years; and (3) when he
failed to disclose his financial interest in Ankh Systems Consulting, a legal entity in
business for profit, on SFIs filed for the 2007, 2008, 2010, and 2011 calendar years.
Per the Consent Agreement of the parties, the Investigative Division has exercised
its prosecutorial discretion to nol pros the allegations under Section 1105(b) of the Ethics
Act. Based upon the nol pros, we need not address the Section 1105(b) allegations no
longer before us.
Noon, 12-016
Page 29
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a)Conflict of interest.—
No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest."
Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa.C.S. § 1102.
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.
Noon began employment with the Pennsylvania Department of Public Welfare
(“DPW”) on April 11, 1994. Noon held the position of Director of the Bureau of
Employment Training Programs (the “BETP”) for DPW from approximately December 8,
2008, until October 28, 2011. The Deputy Secretary of the Office of Income Maintenance
(“OIM”) of DPW was Noon’s immediate supervisor.
In his official capacity as Director of the BETP, Noon had allocation control of
annual funding of approximately $212 million in training program funds. The funds
originated from state and federal sources and were provided to DPW for allocation. Some
such funds were released by DPW through the Pennsylvania Department of Labor and
Industry to regional Workforce Investment Boards (“WIBs”) for distribution.
Funding to the WIBs was determined by the BETP Fiscal and Data Management
Division (the “Division”) under Noon’s direct supervision as the BETP Director. Noon
received and reviewed annual allocation amounts from Division staff under his direct
Noon, 12-016
Page 30
supervision, and he then made final recommendations to the Deputy Secretary of OIM.
Upon confirmation from the Deputy Secretary of OIM, Noon directed that funding allocation
information be provided to the WIBs, which was typically done by e-mail around May or
early June of each year.
Two WIBs in the Philadelphia region, the Philadelphia Workforce Development
Corporation (“PWDC”) and the South Central Workforce Investment Board (“SCWIB”),
received allocations from DPW for the 2009-2010 and 2010-2011 Commonwealth fiscal
years, which allocations were approved by Noon.
The WIBs subcontract with other entities to provide program services which are
funded primarily through the BETP. Contracts entered into between the WIBs and their
service providers are subject to fiscal review by the BETP, and program service budgets
are reviewed and approved by the Division. Payments cannot be made from a WIB to a
subcontractor until authorization is received from the Division or the BETP Director. Upon
such authorization, funds are provided from the WIB to its subcontractor in the approved
amount on a draw down basis until that budget year’s allocation is exhausted.
The National Comprehensive Center for Fathers (“NCCF”) was a non-profit, welfare-
to-work provider in Philadelphia that administered the Fatherhood Initiative Program and
the D&O Manufacturing Program. The purpose of the Fatherhood Initiative Program was
to provide custodial and non-custodial fathers with the education and training necessary to
place them into employment. The D&O Manufacturing Program provided on-the-job
training in construction of garments, sewing, shipping, receiving, and retail customer
service for Temporary Assistance to Needy Families (“TANF”) and Family Works
recipients. Kofi Asante (“Asante”) was the President and CEO of the NCCF.
Noon was familiar with Asante since approximately 1999, and he introduced his
wife, Maria Noon, to Asante in 2009.
The NCCF served as a subcontractor to the PWDC and the SCWIB and received
BETP funding through the PWDC and the SCWIB between 2009 and 2011. The Greater
Philadelphia Urban Affairs Coalition (“GPUAC”) administered the BETP funding received
by the NCCF until about May 2010, when Noon directed that InspiriTec, Inc. (“InspiriTec”)
begin administering such funding. As Director of the BETP, Noon had direct supervision of
NCCF’s BETP funding administered by GPUAC and InspiriTec.
In a private capacity, Noon is the owner of Ankh Systems Consulting (“Ankh”), which
is registered with the Pennsylvania Department of State. The website for Ankh identifies
Ankh’s address as that of Noon’s primary residence and Ankh’s President and
Owner/Operator as “Dr. Bryon C. Noon, MHS, Ed.D.” The website describes Ankh as
specializing in consulting on the development, implementation, and evaluation of welfare-
to-work and workforce development service delivery systems.
From about 2009, Ankh had a consulting relationship with the NCCF/GPUAC.
In or about 2009, the NCCF/GPUAC received a federal grant in the amount of
$424,500.00 from the U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance, Edward Byrne Memorial Discretionary Grant Program. Funds from the
BETP were not part of the federal grant. The NCCF/GPUAC contracted with Ankh to
provide program research pursuant to the receipt of the federal grant. On July 22, 2009, a
consulting agreement was entered into between the NCCF/GPUAC and Ankh as an
independent contractor. The consulting agreement was for the period from July 22, 2009,
to September 30, 2009, and was signed by Asante of the NCCF and by Maria Noon as
“Consultant.”
Another consulting agreement was signed by Asante, by Maria Noon as
Noon, 12-016
Page 31
“Consultant,” and by the President and Executive Director of GPUAC covered the period
from November 1, 2009, through January 31, 2010. Ankh submitted an invoice in the
amount of $6,968.75 to the NCCF/GPUAC on or about November 30, 2009, and GPUAC
issued a check dated January 13, 2010, in the amount of $6,968.75, payable to Maria
Noon.
Prior to contracting with the NCCF/GPUAC in 2009, Ankh maintained no other
consulting contracts. At the time Ankh contracted with the NCCF/GPUAC, the NCCF was
receiving BETP funding which was approved by Noon.
Meanwhile, as early as October 2009, Noon, as the BETP Director, decided that the
NCCF and its funding levels would come under full oversight of the BETP. On October 27,
2009, Noon sent Asante an e-mail informing him of Noon’s decision and that the BETP
would be responsible for making decisions regarding funding levels, program design and
monitoring. At the time of Noon’s e-mail to Asante, Ankh had been providing consulting
services to the NCCF since as early as July 18, 2009.
As Director of the BETP, Noon had supervisory responsibility over BETP
employees, including Susan Pulaski (“Pulaski”), Director of Fiscal & Data Management,
Deborah Bush (“Bush”), Fiscal Systems Analyst, and Leon Simmons (“Simmons”), Director
of the BETP’s Philadelphia Division. Pulaski and Bush had primary responsibility in
implementing BETP funding initiatives at Noon’s direction.
On November 15, 2009, Noon e-mailed Simmons, Bush, and Pulaski to confirm his
intentions to fund special initiatives in Philadelphia, including the amount of $1 million in
funding for the NCCF for the Fatherhood Initiative Program. Approximately two months
after Noon approved $1 million in funding to the NCCF for the Fatherhood Initiative
Program, Ankh received the aforesaid payment in the amount of $6,968.75 from the
NCCF/GPUAC as a result of contracting with the NCCF/GPUAC regarding the federal
grant.
As noted above, the funding that the NCCF received from the BETP was
administered by GPUAC until about May 2010. Without seeking the approval of the
Deputy Secretary of OIM, Noon moved the NCCF from the PWDC to the SCWIB for
funding effective May 1, 2010. Noon directed that InspiriTec begin administering the BETP
funding received by the NCCF, which moved the review process from Philadelphia to
Harrisburg. In addition, GPUAC had utilized a standard of review prior to issuing payment,
whereas InspiriTec issued payment upon submission of a request.
InspiriTec administered funding that the NCCF received from the BETP by issuing
payments for NCCF invoices submitted by Asante. InspiriTec payments to the NCCF were
initiated by a monthly NCCF invoice and request being e-mailed to Bush, who reviewed the
invoice to ensure that there were sufficient budgeted funds available to pay the invoice.
After Bush reviewed the invoice for budgeting purposes, she sought payment authorization
from either Simmons or Noon. Once Bush received payment authorization from either
Simmons or Noon, she forwarded the payment authorization to InspiriTec. After receiving
a payment authorization, InspiriTec made payment to the NCCF as a drawdown of
available budgeted funds per program funding year.
Beginning in or about May 2010, the NCCF contracted with InspiriTec, through the
SCWIB, for the administration of BETP funds for the Fatherhood Initiative Program and the
D&O Manufacturing Program operations. The contracts between NCCF and InspiriTec
were under the overall supervision of the BETP.
The NCCF and InspiriTec entered into a contract for the D&O Manufacturing
Program for the period from May 1, 2010, through June 30, 2010. The BETP set funding in
the amount of $231,344.00 for the NCCF for the period, which did not include any fees for
Noon, 12-016
Page 32
consultants. On June 8, 2010, Noon sent an e-mail to Simmons, Bush, and Pulaski,
notifying them of his decision to increase start-up funding for the NCCF D&O
Manufacturing Program contract by $200,000.00. Noon asked them to have InspiriTec
make the additional funds available to the NCCF as soon as possible. Noon did not seek
the approval of the Deputy Secretary of OIM for the increase in funding. On June 10,
2010, Noon sent an e-mail to his subordinate staff regarding the urgency to increase
funding to the NCCF. On June 17, 2010, Noon approved an NCCF invoice in the amount
of $200,000.00 for additional funds.
The NCCF and InspiriTec subsequently renewed the contract for the D&O
Manufacturing Program for the period from July 1, 2010, through June 30, 2011. Funding
to be administered for the period totaled $1,104,280.00, with the amount of $146,615.00
budgeted for consultant services.
The NCCF and InspiriTec additionally entered into a contract for the Fatherhood
Initiative Program that covered the period from July 1, 2010, through June 30, 2011.
Funding to be administered for the period totaled $1.5 million, with no funding designated
for consultant services.
Effective November 1, 2010, the NCCF contracts with InspiriTec for the D&O
Manufacturing Program and the Fatherhood Initiative Program were merged into a single
contract. The BETP approved funding for the NCCF in the amount of $2,169,217.00
under the new contract for the period from July 1, 2010, through June 30, 2011. The
amount of $103,289.00 was budgeted for consultant services for the period. Noon
participated in the decision to merge the two contracts into a single contract and in the
decision regarding the total amount of the new contract. Combining the two contracts
eliminated the need to obtain two separate authorizations or approvals prior to releasing
funds, thereby streamlining the process to release funds to the NCCF.
Between February 24, 2010, and January 11, 2011, Noon authorized BETP funding
in excess of $1.5 million to the benefit of the NCCF. Between May 1, 2010, and February
17, 2011, the BETP, under Noon’s supervision, processed twelve NCCF invoices for
payment. At least three of the invoices included line item charges for consulting services.
The invoices that included charges for consulting services did not identify the
consultant(s) paid and only identified the total billing amount. Noon approved one NCCF
invoice totaling $169,829.00 and two NCCF invoices totaling $137,377.84 each. On at
least three occasions between May 1, 2010, and February 2011, Noon contacted
InspiriTec to expedite payments to the NCCF. Noon did not contact InspiriTec to attempt
to expedite payments to any other provider receiving BETP funding for which InspiriTec
served as the fiscal agent.
During the same time frame that Noon was authorizing funding to the NCCF and
approving the merger of the D&O Manufacturing Program and the Fatherhood Initiative
Program contracts to the benefit of the NCCF, Maria Noon and Ankh were receiving
payments from the NCCF, allegedly for consulting services performed for the NCCF as a
subcontractor. In addition to the payment in the amount of $6,968.75 that the
NCCF/GPUAC issued to Maria Noon in January 2010, the NCCF issued seven payments
totaling $31,141.25 to Maria Noon and Ankh during the period from February 24, 2010, to
January 11, 2011. Two payments totaling $4,281.25 were issued to Maria Noon, and five
payments totaling $26,860.00 were issued to Ankh. Invoices for consulting services that
were prepared by Maria Noon and issued to the NCCF covered various time periods but
did not include the actual dates of services. Ankh has no records related to any services
performed for the NCCF and no record of any executed contracts with the NCCF. From
January 2010 through January 2011, Maria Noon and Ankh were paid a total of
$38,110.00.
Noon, 12-016
Page 33
In or about the fall of 2011, the BETP received information that raised questions
regarding expenditures made by the NCCF, including whether payments were made to
Maria Noon and Ankh by the NCCF. Noon was suspended from his position as Director of
the BETP effective October 20, 2011, as a result of the issues raised regarding payments
to Maria Noon and Ankh. Noon resigned from his position as Director of the BETP
effective the close of business on October 27, 2011.
On or about November 18, 2013, a Criminal Information was filed by the
Pennsylvania Office of the Attorney General, alleging that Noon had committed criminal
acts, including violating Section 1103(a) of the Ethics Act. On or about April 14, 2014,
Noon pled guilty to violations of law, including a violation of Section 1103(a) of the Ethics
Act. Noon’s plea included conduct that is the subject of the instant matter. Noon’s criminal
matter was docketed at: CP-22-CR-0005356-2013.
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 when Noon, as the Director of
\[the Bureau of\] Employment Training Programs
for the \[Pennsylvania\] Department of Public
Welfare, approved and/or awarded grants to
Greater Philadelphia Urban Affairs Coalition
(“GPUAC”) and/or the National Comprehensive
Center for Fathers (“NCCF”) at a time when he
had a reasonable expectation that Ankh Systems
Consulting, a business with which he and a
member of his immediate family are associated,
would receive subcontracts from NCCF to
provide consulting services, payment of which
were to be made from proceeds of the grant
monies approved/awarded by Noon;
b. That as part of a negotiated Consent Agreement,
the allegations concerning violations of Section
1105(b)(8) and (9) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1105(b)(8)
and (9), are hereby nol prossed. Noon was not
consistent in reporting his office, directorship or
employment and his financial interest in Ankh
Systems Consulting, a legal entity in business
for profit, on both his Statement of Financial
Interests and his Governor’s Code of Conduct
forms. Since Noon reported his interests on at
least one of the required forms for each year a
reporting was required, the Investigative
Division, as part of a negotiated Consent
Agreement, recommends that the Commission
permit Noon to amend his Statement of Financial
Interests forms, as was allowed by the Court in
Noon, 12-016
Page 34
In re Benninghoff, 852 A.2d 1182 (Pa. 2004).
4. Noon agrees to make restitution in the amount of $38,110.00,
payable to the Commonwealth of Pennsylvania, through the
Pennsylvania Board of Probation and Parole. Restitution as
ordered by the State Ethics Commission is concurrent to any
restitution ordered by the Court of Common Pleas in the matter
docketed as: CP-22-CR-0005356-2013.
5. Noon agrees to file amended Statements of Financial Interests
with the \[Pennsylvania\] Department of Public Welfare through
the Pennsylvania State Ethics Commission, for the 2007,
2008, 2009, 2010 and 2011 calendar years within thirty (30)
days of the issuance of the final adjudication in this matter.
6. Noon agrees to not accept any reimbursement, compensation
or other payment from the \[Pennsylvania\] Department of Public
Welfare 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, as Noon has pled guilty
to criminal violations of 65 Pa.C.S. § 1103(a) in the matter
docketed as: CP-22-CR-0005356-2013, which includes
conduct addressed by the instant Consent Agreement and
Stipulation of Findings.
a. The Investigative Division and Noon
acknowledge that:
1. All Orders issued by the State Ethics
Commission are provided to the
Pennsylvania Office of the Attorney
General as a matter of course; and
2. All Orders issued by the State Ethics
Commission become a matter of public
record and may be acted upon \[by\] law
enforcement authority(ies) as they deem
appropriate.
Consent Agreement, at 2-3.
In considering the Consent Agreement of the parties, we accept the parties’
recommendation for a finding of a violation of Section 1103(a) of the Ethics Act.
As Director of the BETP, Noon had allocation control of annual funding of
approximately $212 million in training program funds. Noon approved allocations to two
WIBs in the Philadelphia region, the PWDC and the SCWIB, for the 2009-2010 and 2010-
2011 Commonwealth fiscal years.
The NCCF, which administered the Fatherhood Initiative Program and the D&O
Manufacturing Program, received BETP funding through the PWDC and the SCWIB
between 2009 and 2011. As Director of the BETP, Noon had direct supervision of NCCF’s
BETP funding administered initially by GPUAC and subsequently by InspiriTec.
Noon, 12-016
Page 35
In or about 2009, the NCCF/GPUAC received a federal grant. The NCCF/GPUAC
contracted with Ankh, a consulting business owned by Noon, to provide program research
pursuant to the receipt of the federal grant. The consulting agreements covered the
periods from July 22, 2009, to September 30, 2009, and from November 1, 2009, through
January 31, 2010. Ankh received payment in the amount of $6,968.75 from the
NCCF/GPUAC as a result of contracting with the NCCF/GPUAC regarding the federal
grant.
At or about the time Ankh contracted with the NCCF/GPUAC regarding the federal
grant, the NCCF was receiving BETP funding which was approved by Noon. As early as
October 2009, Noon, as the BETP Director, decided that the NCCF and its funding levels
would come under full oversight of the BETP. On November 15, 2009, Noon e-mailed his
subordinate staff to confirm his intention to provide $1 million in funding for the NCCF for
the Fatherhood Initiative Program. Approximately two months after Noon approved $1
million in funding to the NCCF for the Fatherhood Initiative Program, Ankh received the
aforesaid payment in the amount of $6,968.75 from the NCCF/GPUAC.
Noon moved the NCCF from the PWDC to the SCWIB for funding effective May 1,
2010, and he directed that InspiriTec begin administering the BETP funding received by
the NCCF. Unlike GPUAC, which had utilized a standard of review prior to issuing
payment, InspiriTec issued payment upon submission of a request.
The NCCF and InspiriTec entered into a contract for the D&O Manufacturing
Program for the period from May 1, 2010, through June 30, 2010. Noon decided to
increase start-up funding for the NCCF D&O Manufacturing Program contract by
$200,000.00, and he approved an NCCF invoice for the additional funds. The
NCCF and InspiriTec subsequently renewed the contract for the D&O Manufacturing
Program for the period from July 1, 2010, through June 30, 2011.
The NCCF and InspiriTec additionally entered into a contract for the Fatherhood
Initiative Program that covered the period from July 1, 2010, through June 30, 2011.
Effective November 1, 2010, the NCCF contracts with InspiriTec for the D&O
Manufacturing Program and the Fatherhood Initiative Program were merged into a single
contract. The BETP approved funding for the NCCF in the amount of $2,169,217.00
under the new contract for the period from July 1, 2010, through June 30, 2011. Noon
participated in the decision to merge the two contracts into a single contract, which
streamlined the process to release funds to the NCCF, and in the decision regarding the
total amount of the new contract.
Between February 24, 2010, and January 11, 2011, Noon authorized BETP funding
in excess of $1.5 million to the benefit of the NCCF. Between May 1, 2010, and February
17, 2011, the BETP, under Noon’s supervision, processed twelve NCCF invoices for
payment. Noon approved one NCCF invoice totaling $169,829.00 and two NCCF invoices
totaling $137,377.84 each.
During the same time frame that Noon was authorizing funding to the NCCF and
approving the merger of the D&O Manufacturing Program and the Fatherhood Initiative
Program contracts to the benefit of the NCCF, Maria Noon and Ankh were receiving
payments from the NCCF, allegedly for consulting services performed for the NCCF as a
subcontractor. In addition to the payment in the amount of $6,968.75 that the
NCCF/GPUAC issued to Maria Noon in January 2010, the NCCF issued seven payments
totaling $31,141.25 to Maria Noon and Ankh during the period from February 24, 2010, to
January 11, 2011. From January 2010 through January 2011, Maria Noon and Ankh were
paid a total of $38,110.00—allegedly for consulting services, for which Ankh has no
records.
Noon, 12-016
Page 36
Based upon the Stipulated Findings and the Consent Agreement, we hold that Noon
violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when, as Director of the
BETP for DPW, he approved and/or awarded grants/funds to GPUAC and/or the NCCF at
a time when he had a reasonable expectation that Ankh, a business with which he and a
member of his immediate family are associated, would receive subcontracts from the
NCCF to provide consulting services for which payment would be made at least in part
from proceeds of the funds approved/awarded by Noon.
As part of the Consent Agreement, Noon has agreed to make restitution in the
amount of $38,110.00, payable to the Commonwealth of Pennsylvania, through the
Pennsylvania Board of Probation and Parole, with such restitution concurrent to any
restitution ordered by the Court of Common Pleas in the matter docketed as: CP-22-CR-
0005356-2013. Noon has also agreed to not accept any reimbursement, compensation or
other payment from DPW representing a full or partial reimbursement of the amount paid in
settlement of this matter. Noon has further agreed to file amended SFIs for the 2007,
2008, 2009, 2010, and 2011 calendar years with DPW, through this Commission, within
thirty (30) days of the issuance of the final adjudication in this matter. We agree that the
aforesaid recommendations are appropriate, including the recommendation that Noon file
amended SFIs for the 2007, 2008, 2009, 2010, and 2011 calendar years, notwithstanding
the nol pros as to the Section 1105(b) allegations.
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, Noon is directed to make
restitution in the amount of $38,110.00, payable to the Commonwealth of Pennsylvania,
through the Pennsylvania Board of Probation and Parole, with such restitution concurrent
to any restitution ordered by the Court of Common Pleas in the matter docketed as: CP-22-
CR-0005356-2013.
Per the Consent Agreement of the parties, Noon is further directed to not accept
any reimbursement, compensation or other payment from DPW representing a full or
partial reimbursement of the amount paid in settlement of this matter.
To the extent he has not already done so, Noon is directed to file amended SFIs for
the 2007, 2008, 2009, 2010, and 2011 calendar years with DPW, through this
th
Commission, by no later than the thirtieth (30) day after the mailing date of this
adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no further
action by this Commission. Noncompliance will result in the institution of an order
enforcement action.
IV.CONCLUSIONS OF LAW:
1. As Director of the Bureau of Employment Training Programs for the Pennsylvania
Department of Public Welfare from approximately December 8, 2008, until October
28, 2011, Respondent Bryon C. Noon (“Noon”) was a public employeesubject to
the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65
Pa.C.S. § 1101 et seq.
2. Noon violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when, as
Director of the Bureau of Employment Training Programs for the Pennsylvania
Department of Public Welfare, he approved and/or awarded grants/funds to Greater
Philadelphia Urban Affairs Coalition and/or the National Comprehensive Center for
Fathers (“NCCF”) at a time when he had a reasonable expectation that Ankh
Systems Consulting, a business with which he and a member of his immediate
Noon, 12-016
Page 37
family are associated, would receive subcontracts from the NCCF to provide
consulting services for which payment would be made at least in part from proceeds
of the funds approved/awarded by Noon.
In Re: Bryon C. Noon, : File Docket: 12-016
Respondent : Date Decided: 5/5/15
: Date Mailed: 5/12/15
ORDER NO. 1655
1. Bryon C. Noon (“Noon”) violated Section 1103(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1103(a), when, as Director of the Bureau of
Employment Training Programs for the Pennsylvania Department of Public Welfare,
he approved and/or awarded grants/funds to Greater Philadelphia Urban Affairs
Coalition and/or the National Comprehensive Center for Fathers (“NCCF”) at a time
when he had a reasonable expectation that Ankh Systems Consulting, a business
with which he and a member of his immediate family are associated, would receive
subcontracts from the NCCF to provide consulting services for which payment
would be made at least in part from proceeds of the funds approved/awarded by
Noon.
2. Per the Consent Agreement of the parties, Noon is directed to make restitution in
the amount of $38,110.00, payable to the Commonwealth of Pennsylvania, through
the Pennsylvania Board of Probation and Parole, with such restitution concurrent to
any restitution ordered by the Court of Common Pleas in the matter docketed as:
CP-22-CR-0005356-2013.
3. Per the Consent Agreement of the parties, Noon is directed to not accept any
reimbursement, compensation or other payment from the Pennsylvania Department
of Public Welfare representing a full or partial reimbursement of the amount paid in
settlement of this matter.
4. To the extent he has not already done so, Noon is directed to file amended
Statements of Financial Interests for the 2007, 2008, 2009, 2010, and 2011
calendar years with the Pennsylvania Department of Public Welfare, through the
Pennsylvania State Ethics Commission, by no later than the thirtieth day after the
mailing date of this Order.
5. Compliance with 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,
___________________________
Nicholas A. Colafella, Chair