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HomeMy WebLinkAbout1688 TaylorIn Re: Tonya Thames Taylor, File Docket: 14 -075 Respondent X -ref: Order No. 1688 Date Decided: 1/20/16 Date Mailed: 1/29/16 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." 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. ALLEGATIONS: That Tonya Thames Taylor, a public official /public employee in her capacity as a School Director for the Coatesville Area School District, violated [Sections 1103(a) and 1103(f)] of the State Ethics Act (Act 93 of 1998) when she utilized the authority of her office as a School Director by participating in actions of the Coatesville Area School District to direct and /or otherwise authorize the awarding of a work agreement and /or contract between the Coatesville Area School District and Anthony Taylor /Milestone Management & Consulting, a member of her immediate family and /or a business with which an immediate family member is associated; when a business with which her husband is associated, Milestone Management & Consulting, entered into a work agreement and /or contract with the Coatesville Area School District in excess of $500.00 that was authorized /awarded absent an open and public process; and when she utilized the authority of her office to vote affirmatively to approve the bill list that included authorization to pay fees from public monies to Anthony Taylor /Milestone Management & Consulting. II. FINDINGS: 1. Tonya Thames Taylor ( "Taylor ") served as a School Director for the Coatesville Area School District ( "CASD ") from December 2009 through December 2013. Taylor served on the Education and Community & Student Relations Committees from December 2009 through December 2011. Taylor, 14 -075 Page 2 b. Taylor served on the Finance & Personnel and Community & Student Relations Committees from December 2011 through December 2013. 2. The CASD is governed by a nine (9) Member Board of Directors ( "Board ") a. The CASD typically holds committee meetings on the second Tuesday of the month and regular Board meetings on the fourth Tuesday of the month. At the committee meetings voting occurs to make recommendations to the full Board at the next scheduled Board meeting. b. Special meetings of the Board are held as necessary. 3. Voting at Board meetings occurs via individual roll call vote or a group "yes /no" vote depending on the subject for which the vote is occurring. a. Actions require the affirmative votes of a majority of the Board Members in attendance, including actions expending district funds .... Each individual Board Member's vote, including abstentions, is recorded in the meeting minutes. b. Minutes of all meetings held are approved for accuracy by the Board at subsequent Board meetings. 4. The Committees of the Board include Finance & Personnel, Education, Operations, and Community & Student Relations. 5. Responsibilities of the Finance & Personnel Committee include the following: The committee focuses on the finances necessary to operate the School District. Continual reviews of enrollment projections as well as development of the annual budget are major responsibilities of this committee. The committee reviews all matters related to labor negotiations, human relations and personnel. Justification to create a new position, delete an existing position or fill a vacancy is discussed by this committee. 6. Bills /invoices of the CASD are approved by the CASD School Directors at regular monthly Board meetings following a review by the Finance & Personnel Committee. a. The bills /invoices are initially reviewed by the Finance & Personnel Committee at a Committee meeting and then forwarded to the Board for approval at the next regular meeting. b. The Board typically approves all recommendations from the Finance & Personnel Committee. 7. On November 24, 2003, the CASD adopted policies /procedures known as Local Board Procedures to facilitate the day to day operations of the CASD. a. The rules and guidelines pertaining to the safe and orderly operation of the CASD include the following: 100: Programs 200. Pupils Taylor, 14 -075 Page 3 300: Administrative Employees 400. Professional Employees 500. Classified Employees 600. Finances 700. Property 800. Operation 900. Community. 8. Members of the Board ... are subject to the policies set forth in the Local Board Procedures of the CASD. 9. Richard Como ( "Como ") served as the Superintendent of the CASD from about 2005 until September 24, 2013. a. Como's hiring was approved by the Board. b. Como, as the Superintendent of the CASD, reported directly to the Board. 10. CASD Local Board Procedures Section 300: Administrative Employees, Subsection 302, Employment of Superintendent/Assistant Superintendent, identified the purpose of the position as follows: a. The Board places the primary responsibility and authority for the administration of the district in the Superintendent. Selection of a Superintendent, or Assistant Superintendents, is therefore critical to the effective management of the district. 11. As the Superintendent of the CASD, Como primarily interacted with Members of the Board during regular and informal meetings of the Board. 12. Taylor, as a Member of the Board, participated in the Board's interactions with Como, including providing direction on initiatives, budget and personnel. 13. CASD Local Board Procedures, Section 300: Administrative Employees, contains Section 303.1: Nepotism /Cronyism, which provides guidelines and limitations on the hiring of friends and family of Board Members and officials of the CASD and includes the following: a. The hiring of a school district employee that is a close friend of, or is closely related to, a member of the Board, a commissioned officer, an instructional employee, management level employee, or classified employee, justifiably may arouse public reaction that the employee was hired on the basis of relationships and familiarity with the school district rather than on merit. Nepotism and cronyism, or appearance thereof, can degrade staff morale, can arouse public distrust, and is an obstacle to teamwork, effectiveness and quality performance. It is the intent and purpose of this policy to prevent nepotism and cronyism by- 1 . Discouraging any possible favoritism. 2. Minimizing internal disciplinary problems that may evolve. 3. Restricting the formation of personal cliques. b. No member of the Board shall vote for the election of any close relative of that Board member to any employment position in the district. Taylor, 14 -075 Page 4 1. Relative shall mean a parent, legal guardian, foster parent, parent -in- law, child, spouse, brother, foster brother, sister, foster sister, grandparent, grandchild, brother -in -law, sister -in -law, son -in -law, daughter -in -law, or any relative in the immediate household. 14. As a result of his interactions with Taylor, Como arranged for employment or contracts for relatives of Taylor, including her spouse, Anthony Taylor, during Taylor's tenure on the Board, 15. The following emails were exchanged between Taylor and Como on June 28, 2011, with the subject line: "Re: nephew ": Taylor to Como: Rich thank you so very much! This is SO good. By the way, it will remain confidential. Always positive & in his alignment with his will tonya thames taylor [website address redacted] Como to Taylor: Hey no problem. When we can't help each other's family out we don't deserve to be in this arena. Glad and yes it will be confidential. See you soon and don't worry I will get this all set up Thursday. Rich. THE FOLLOWING FINDINGS DETAIL TAYLOR'S ACTIONS CONCERNING ANTHONY TAYLOR /MILESTONE MANAGEMENT & CONSULTING, LTD. 16. In or around 2012, complaints were generated by the Board and the public that meeting minutes of Board meetings and budgetary matters were not available to be reviewed online. 17. In 2012, when the complaints were made, Abdallah Hawa ( "Hawa ") was serving as the Director of Technology for the CASD. a. Hawa's duties and responsibilities as the Director of Technology included, in part, the following: • Manage all aspects of the district information technology strategies, policies, service, hardware and software. • Negotiate, monitor and administer all information technology, maintenance, installation, purchase and service agreements. 18. In or around the summer of 2012, Hawa discussed with Como improvements to the CASD's website. a. Como contacted Hawa after receiving the complaint from a Board Member b. By September 2012, Hawa advised Como and Board Members of the progress being made to improve the CASD's website. 19. In or around September or October 2012, when the Board was receiving inquiries /complaints regarding the CASD's website, Taylor advised Como and Taylor, 14 -075 Page 5 Board Members in attendance at an informal meeting that she knew someone who could help improve the CASD's website. a. The individual Taylor was referring to was her husband, Anthony Taylor. 20. Subsequent to Taylor advising Como that she knew someone who could improve the website, Como informed Hawa that he was hiring Anthony Taylor (Milestone Management & Consulting, Ltd.) to work on the website. a. Como had no expertise in the redesign or reformatting of websites and had no specific knowledge of experienced contractors. 21. Milestone Management & Consulting, Ltd. ( "Milestone Management & Consulting ") is operated from Tonya and Anthony Taylor's home. a. In 2012, Milestone Management & Consulting did not advertise its services in the Coatesville area. 22. The Pennsylvania Department of State, Corporation Bureau records confirm that Anthony Taylor formed a limited liability company on oraround May 31, 2001, under the name "Milestone Management & Consulting, Ltd.," 247 E. Lincoln Highway, Coatesville, PA 19320. a. On or around January 30, 2010, Anthony Taylor filed with the Corporation Bureau a change of address for Milestone Management & Consulting, changing its address to [residence address redacted]. b. This is the home address of Tonya and Anthony Taylor. 23. Following Taylor informing Como and the Board that she knew someone who could improve the CASD's website, Como contacted Anthony Taylor and advised him of the CASD's intent to use Milestone Management & Consulting to redesign the CASD's website. a. A contract was awarded to Milestone Management & Consulting by Como without public bid and without the knowledge of the Board. b. The contract was awarded to Anthony Taylor by Como only after Taylor advised him of her husband's ability to do the website redesign. 24. On or about November 1, 2012, a work order was submitted by Anthony Taylor /Milestone Management & Consulting to the CASD for the following services: Description Hours Rate Amount Coatesville Area School District Website Redesign 60+ Flat $1,575.00. 25. Between November 1, 2012, and November 12, 2012, a work summary was submitted by Milestone Management & Consulting to the CASD, which included the following: Coatesville Area School District Website Redesign 1. New design conceptualization 2. Coding and modification of Wordpress template 3. Reformatting and transfer of 200 individual Joomla webpages and blog posts to Wordpress format Taylor, 14 -075 Page 6 4. Image alterations and enhancements 5. Web testing on CASD test server 6. Transfer coordination from CASD test server to CASD live server 7. Post redesign support 8. Draft web maintenance documentation Total Amount $1,575.00. a. The work summary was submitted to the CASD as an invoice forthe services provided by Milestone Management & Consulting by Anthony Taylor. 26. A handwritten note on the bottom of the Milestone Management & Consulting work summary, written by Danette Murphy, Como's Secretary, to CASD Business Manager Karen DeShulo, sought a quick payment to Anthony Taylor. a. Murphy's handwritten note provided as follows: Hi Karen, Rich would like to have a ck in his hands tomorrow so that he hand delivers the ck to them personally. Thank you Dee. b. The handwritten note was placed on the work summary on or about November 13 or 14, 2012. C. Como directed Murphy to obtain a quick payment for Anthony Taylor. 27. Como sought a quick payment to Anthony Taylor, doing business as Milestone Management & Consulting, even though the scope of work for which Milestone Management & Consulting was contracted was never completed. a. The reformatting and transfer of 200 Joomla webpages and blog posts to Wordpress format was never completed. Less than ten (10) pages were actually reformatted. b. The CASD IT Department completed many of the tasks that Milestone Management & Consulting was paid to do. 28. The approval process for the payment of bills, which is included in CASD Local Board Procedures, Section 600, Subsection 616, provides the following: a. The Board shall effect the prompt payment of bills presented to the school district for goods and services, ensuring that due care has been taken in the review of such bills. b. Each payment or obligation of the school district must be fully itemized, verified and authorized by the Board before a payment can be made, except that the Superintendent of Schools or the Chief Financial and Operations Officer is permitted to make payments for: 1. Items the prompt payment of which will accrue to the advantage of the district. Taylor, 14 -075 Page 7 2. Progress payments to contractors as specified in a contract approved by the Board. 3. Orders to cover approved payrolls and agency account deposits. 4. Utility bills. C. It shall be the responsibility of the Chief Financial and Operations Officer, upon receipt of an invoice, to verify that the purchase invoice is in order, goods were received in acceptable condition or services were satisfactorily rendered, funds are available to cover payment, the item is one forwhich the Board budgeted, and the invoice is for the amount contracted. d. All claims for payment shall be submitted to the Board in the form of a listing including: Account number. 2. Vendor. 3. Description. 4. Purchase order number. aa. The check list shall be placed in the official minutes of the Board. e. Upon approval of an order, the Chief Financial and Operations Officer shall prepare a check for payment, and cancel the commitment placed against the appropriate amount. All checks approved by the Board shall be signed by the President, Treasurer and Secretary utilizing a facsimile signature plate. The Vice - President may sign for the President. A facsimile signature application shall be filed annually with the Commonwealth of Pennsylvania's Department of State. 29. CASD Purchase Order No. 13002103 was prepared on or around November 14, 2012, in the name of Milestone Management & Consulting. a. Purchase Order No. 13002103 identified Como as the purchaser of 1.00 CASD Website Redesign in the amount of $1,575.00. b. The Purchase Orderwas signed by Karen DeShulo, Business Managerand Como. 30. Payment was made to Milestone Management & Consulting from the CASD General Fund Account at Citizens Bank by Check No. 78063 dated November 15, 2012, in the amount of $1,575.00. a. The check had facsimile stamped signatures of J. Neil Campbell, Board President, Ken Lupold, Secretary and Danette Murphy, Treasurer. Ken Lupold was not the Board Secretary /Business Manager at the time the check was issued to Milestone Management & Consulting. Taylor, 14 -075 Page 8 2. Ken Lupold left the employ of the CASD on or around June 30, 2012. b. The check was endorsed and cashed by Anthony Taylor, Taylor's husband. 31. On January 15, 2013, the CASD Finance & Personnel Committee met to review Financial Statements for November and December 2012, including bill lists for those months. a. CASD Purchase Order No. 13002103 in the name of Milestone Management & Consulting was on the bill list. b. Members of the Board who comprised the Finance & Personnel Committee included Taylor. C. The Finance & Personnel Committee, by a vote of 4 -0 that included Taylor, forwarded for Board approval a bill list that included the payment issued to Milestone Management & Consulting on November 15, 2012, in the amount of $1,575.00. d. At the time of the Finance & Personnel Committee's January 15, 2013 vote, none of the Committee Members, other than Taylor, were aware that Milestone Management & Consulting was her husband's company. 32. The list of bills submitted to the Board for approval on January 22, 2013, included a listing of each check being submitted for approval and included a listing for Milestone Management & Consulting identified as follows: Check Vendor Description of Work Amount No. 78063 Milestone Management and CASD website redesign $1,575.00 Consulting 33. The payment of $1,575.00 to Milestone Management & Consulting was retroactively approved as part of the schedule of bills approved by the Board at its regular monthly meeting on January 22, 2013. a. The bill list was approved by a vote of 8 -0 with Taylor participating in the vote to retroactively approve the payment made to her husband's company. 34. The payment to Milestone Management & Consulting did not follow CASD Local Board Procedures, Section 600, Subsection 616. a. The payment was not authorized by the Board prior to issuance. b. Como and /or the Business Manager did not verify that services were satisfactorily rendered or completed. C. The payment was directed to be made to Taylor's husband over two (2) months prior to formal Board approval. 35. The redesigning of the CASD website by Milestone Management & Consulting was deemed unsatisfactory by the CASD. a. The CASD continued to experience the same problems with the website after Milestone Management & Consulting left [sic] the CASD. Taylor, 14 -075 Page 9 b. Services provided by Milestone Management & Consulting to the CASD for the website did not correct the problems that Como authorized Anthony Taylor /Milestone Management & Consulting to correct. 36. On or around August 1, 2014, the CASD entered into a contract with Schoolwires, Inc. that was approved by the Board for improvements to the CASD's website. a. Taylorwas no longer serving on the Board when this contractwas approved. 37. The only business transacted by Milestone Management & Consulting in 2012 was with the CASD. a. In an e-mail to [the State Ethics Commission] on August 10, 2015, Anthony Taylor advised as follows: The invoice that I submitted to you is the only document that I have in association with my work on the website. I had no other involvement with CASD, or any other business. 38. Como resigned as the CASD Superintendent on or around September 2, 2013. a. In or about September 2013, the media reported on numerous issues regarding [allegedly] inappropriate conduct by CASD administrators, particularly Superintendent Como. 39. It was also publicly reported that the Chester County District Attorney's Office was conducting a criminal investigation which included conflict of interest allegations. a. On October 22, 2013, the Board retained the services of a law firm, Conrad O'Brien, to conduct an inquiry [into alleged] improprieties in the CASD. b. On April 9, 2014, the law firm of Conrad O'Brien issued a report to the CASD which included findings related to the hiring of Milestone Management & Consulting and Taylor's niece and nephew. 40. Conrad O'Brien's report to the CASD included the following in reference to the hiring of Taylor's family members and the awarding of a contract to her husband: In addition to taking care of his own family and friends, Mr. Como also curried favor with the CASD Board of School Directors by hiring their friends and family. Several current and former Board Members have family and friends employed at CASD because of direct requests made by them to Mr. Como. Mr. Como almost always obliged the hiring request of Board members, with Mr. Como even responding to one Board's member's request with: "When we can't help each other[']s family out we don't deserve to be in this arena." Although not employed by the CASD, Dr. Tayylor's - was hired by CASD to reportedly redesign &SD's website. - is the head of a company called Milestone Management & Consulting, which was retained by the school district. We have no reliable information as to the precise scope of that engagement, but witnesses describe the work performed by company to be inade uate, and that he was hired at the behest of Mr. Como. company was paid $1.575.00 for its services. ee Taylor, 14 -075 Page 10 CASD020676 -77. Mr. Como authorized payment on the purchase order, which simply stated "CASD Website Redesign." a. Redactions above were made by Conrad O'Brien. 41. Following the media reports regarding the [alleged] inappropriate conduct and conflict of interest allegations, Taylor confided to a Board Member that [Como contracted with her husband] for a project relating to the CASD's website. 42. Taylor utilized the authority of her public position as a School Directorforthe CASD by recommending that her husband and immediate family member, Anthony Taylor, perform work that included a website redesign for the CASD and by approving payments to her husband, resulting in a private pecuniary benefit to her husband in the amount of $1,575.00. a. Taylor's use of the authority of her public office included the following: • Recommending that her husband could do the work without the matter being approved by the Board; • As a Member of the Finance & Personnel Committee, approving the payment of bills including the payment to her husband in the amount of $1,575.00; and • Approving the payment of bills at the monthly Board meeting that included the payment to her husband's business, Milestone Management & Consulting, in the amount of $1,575.00. III. DISCUSSION: As a School Director for the Coatesville Area School District ( "CASD ") from December 2009 through December 2013, Respondent Tonya Thames Taylor, also referred to herein as "Respondent" "Respondent Taylor," and "Taylor," was a public official subJ'ect to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.0 T § 1101 et seq. The allegations are that Taylor violated Sections 1103(a) and 1103(f) of the Ethics Act: (1) when she utilized the authority of her office as a School Director by participating in actions of the CASD to direct and /or otherwise authorize the awarding of a work agreement and /or contract between the CASD and Anthony Taylor /Milestone Management & Consulting, a member of her immediate family and /or a business with which an immediate family member is associated; (2) when a business with which her husband is associated, Milestone Management & Consulting, entered into a work agreement and /or contract with the CASD in excess of $500.00 that was authorized /awarded absent an open and public process; and (3) when she utilized the authority of her office to vote affirmatively to approve the bill list that included authorization to pay fees from public monies to Anthony Taylor /Milestone Management & Consulting. Per the Consent Agreement, the Investigative Division has exercised its prosecutorial discretion to nol pros the allegation under Section 1103(f) of the Ethics Act. Based upon the nol pros, we need not address the Section 1103(f) allegation that is no longer before us. Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest: Taylor, 14 -075 Page 11 § 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. The CASD Board of Directors ( "Board ") consists of nine Members. The Board has various committees, including the Finance & Personnel Committee. Taylor served as a Member of the Board from December 2009 through December 2013, and she served on the Finance & Personnel Committee from December 2011 through December 2013. Bills and invoices submitted to the CASD are initially reviewed by the Finance & Personnel Committee at a Committee meeting and then forwarded to the Board for approval at the next regular monthly Board meeting. The Board typically approves all recommendations from the Finance & Personnel Committee. Richard Como ( "Como ") served as the Superintendent of the CASD from about 2005 until September 24, 2013. As the Superintendent of the CASD, Como reported directly to the Board, and he primarily interacted with Members of the Board during regular and informal meetings of the Board. Taylor, as a Member of the Board, participated in the Board's interactions with Como, including providing direction on initiatives, budget and personnel. As a result of his interactions with Taylor, Como arranged for employment or contracts for Taylor's relatives, including her spouse, Anthony Taylor, during Taylor's tenure on the Board, Taylor, 14 -075 Page 12 In or around 2012, complaints were generated by the Board and the public that minutes of Board meetings and budgetary matters were not available to be reviewed online. After Como received a complaint from a Member of the Board, he contacted Abdallah Hawa ( "Hawa "), who was serving as the Director of Technology forthe CASD. In or around the summer of 2012, Hawa discussed improvements to the CASD website with Como. By September 2012, Hawa advised Como and Members of the Board of the progress being made to improve the CASD website. In or around September 2012 or October 2012, Taylor advised Como and Members of the Board in attendance at an informal meeting that she knew someone who could help improve the CASD website. The individual Taylor was referring to was her husband, Anthony Taylor, who had formed a limited liability company under the name "Milestone Management & Consulting, Ltd." ( "Milestone Management & Consulting ") in 2001. Milestone Management & Consulting is operated from the home of Taylor and her husband. In 2012, Milestone Management & Consulting did not advertise its services in the Coatesville area. After Taylor advised Como of her husband's ability to redesign the CASD website, Como contacted Anthony Taylor and advised him of the CASD's intent to use Milestone Management & Consulting to redesign the CASD website. On or about November 1, 2012, Anthony Taylor /Milestone Management & Consulting submitted a work order to the CASD for sixty or more hours of services at a flat rate of $1,575.00 for redesign of the CASD website. Between November 1, 2012, and November 12, 2012, Milestone Management & Consulting submitted a work summary to the CASD as an invoice in the total amount of $1,575.00 for services provided by Anthony Taylor /Milestone Management & Consulting with regard to the CASD website redesign. Como directed his secretary, Danette Murphy ( "Murphy "), to obtain a quick payment for Anthony Taylor. Murphy wrote a note to the CASD Business Manager that indicated Como was seeking a quick payment to Anthony Taylor, and the note was placed on the Milestone Management & Consulting work summary on or about November 13, 2012. Como sought a quick payment to Anthony Taylor, doing business as Milestone Management & Consulting, even though the scope of work for which Milestone Management & Consulting was contracted had not been completed. The CASD IT Department subsequently completed many of the tasks that Milestone Management & Consulting was paid to do. On or around November 14, 2012, CASD Purchase Order No. 13002103 (the "Purchase Order ") was prepared in the name of Milestone Management & Consulting. The Purchase Order identified Como as the purchaser of 1.00 CASD Website Redesign" in the amount of $1,575.00. The Purchase Orderwas signed by Como and the CASD Business Manager. Payment was made to Milestone Management & Consulting from the CASD General Fund Account by a check dated November 15, 2012, in the amount of $1,575.00. Anthony Taylor endorsed and cashed the check. On January 15, 2013, the Finance & Personnel Committee met to review Financial Statements for November 2012 and December 2012. Taylor participated in a unanimous Finance & Personnel Committee vote to forward for Board approval a bill list that included the aforesaid payment issued to Milestone Management & Consulting on November 15, 2012. At the time of the Finance & Personnel Committee's vote, Taylor was the only Committee Member who was aware that Milestone Management & Consulting was Taylor's husband's company. The bill list submitted to the Board for approval at its regular monthly meeting on January 22, 2013, included a listing for the check in the amount of $1,575.00 that was Taylor, 14 -075 Page 13 issued to Milestone Management & Consulting on November 15, 2012, as payment forthe redesign of the CASD website. Taylor participated in a unanimous Board vote to approve the bill list that included the payment made to Milestone Management & Consulting. The payment made to Milestone Management & Consulting did not followthe CASD's approval process for the payment of bills in that Como and /or the CASD Business Manager did not verify that services were satisfactorily rendered or completed, and the payment was not authorized by the Board prior to being made. The services provided by Milestone Management & Consulting for the CASD website redesign did not correct the problems that Como had authorized Anthony Taylor /Milestone Management & Consulting to correct, and the CASD deemed the website redesign to be unsatisfactory. On or around August 1, 2014, the CASD entered into a Board - approved contract with Schoolwires, Inc. for improvements to the CASD website. The parties have stipulated that Taylor utilized the authority of her public position as a School Director for the CASD by recommending that her husband, Anthony Taylor, perform work which included a website redesign for the CASD and by approving payments to her husband, resulting in a private pecuniary benefit to her husband in the amount of $1,575.00. 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: The Investigative Division will recommend the following in relation to the above allegations: That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Tonya Thames Taylor utilized the authority of her public position as a School Director for the Coatesville Area School District by recommending that her husband and immediate family member, Anthony Taylor, perform work that included a website redesign for the Coatesville Area School District, and when she approved payments to her husband, resulting in a private pecuniary benefit in the amount of $1,575.00. As part of a negotiated settlement agreement, the allegation that a violation of Section 1103(f) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(f), occurred when Respondent's spouse and /or Milestone Management & Consulting entered into a work agreement and /or contract with the Coatesville Area School District in excess of $500.00 absent an open and public process is hereby nol prossed. Taylor agrees to make payment in the amount of $1,575.00 in settlement of this matter payable to the Coatesville Area School District and forwarded to the Pennsylvania State Ethics Taylor, 14 -075 Page 14 Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. Taylor agrees to not accept any reimbursement, compensation or other payment from the Coatesville Area School District representing a full or partial reimbursement of the amount paid in settlement of this matter. 6. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. Consent Agreement, at 2 In considering the Consent Agreement of the parties, we accept the parties' recommendation for a finding that a violation of Section 1103(a) of the Ethics Act occurred when Taylor utilized the authority of her public position as a School Director for the CASD by recommending that her husband and immediate family member, Anthony Taylor, perform work that included a website redesign for the CASD, and when she approved payment(s) to her husband, resulting in a private pecuniary benefit in the amount of $1,575.00. In or around September 2012 or October 2012, Taylor was acting in her public capacity as a School Director when she advised Como and Members of the Board in attendance at an informal meeting that she knew someone (her husband, Anthony Taylor) who could help improve the CASD website. Como subsequently contacted Anthony Taylor and advised him of the CASD's intent to use Milestone Management & Consulting, a company formed by Anthony Taylor, to redesign the CASD website. On or about November 1, 2012, Anthony Taylor /Milestone Management & Consulting submitted a work order to the CASD for sixty or more hours of services at a flat rate of $1,575.00 for redesign of the CASD website. Between November 1, 2012, and November 12, 2012, Milestone Management & Consulting submitted a work summary to the CASD as an invoice in the total amount of $1,575.00 for services provided by Anthony Taylor /Milestone Management & Consulting with regard to the CASD website redesign. Payment was made to Milestone Management & Consulting from the CASD General Fund Account by a check dated November 15, 2012, in the amount of $1,575.00. Taylor used the authority of her office as a School Director on January 15, 2013, when she participated in the Finance & Personnel Committee's vote to forward for Board approval a bill list that included the payment in the amount of $1,575.00 that was made to Milestone Management & Consulting on November 15, 2012. Taylor further used the authority of her office on January 22, 2013, when she participated in a unanimous Board vote to approve the bill list that included the payment made to Milestone Management & Consulting. The parties have stipulated that Taylor's use of the authority of her public position as a School Director resulted in a private pecuniary benefit to her husband in the amount of $1,575.00. Based upon the Stipulated Findings and the Consent Agreement, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Taylor utilized the authority of her public position as a School Director for the CASD by Taylor, 14 -075 Page 15 recommending that her husband and immediate family member, Anthony Taylor, perform work that included a website redesign for the CASD, and when she approved payment(s) to her husband, resulting in a private pecuniary benefit in the amount of $1,575.00. As part of the Consent Agreement, Taylor has agreed to make payment in the amount of $1,575.00 payable to the Coatesville Area School District and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Taylor has also agreed to not accept any reimbursement, compensation or other payment from the CASD representing a full or partial reimbursement of the amount paid in settlement of this matter. We determine that the Consent Agreement submitted by the parties sets forth a proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Taylor is directed to make payment in the amount of $1,575.00 payable to the Coatesville Area School District and forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Per the Consent Agreement of the parties, Taylor is further directed to not accept any reimbursement, compensation or other payment from the CASD representing a full or partial reimbursement of the amount paid in settlement of this matter. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: As a School Director for the Coatesville Area School District from December 2009 through December 2013, Respondent Tonya Thames Taylor ( "Taylor") was a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa. C.S. § 1101 et seq. 2. Taylor violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when she utilized the authority of her public position as a School Director for the Coatesville Area School District by recommending that her husband and immediate family member, Anthony Taylor, perform work that included a website redesign for the Coatesville Area School District, and when she approved payment(s) to her husband, resulting in a private pecuniary benefit in the amount of $1,575.00. In Re: Tonya Thames Taylor, File Docket: 14 -075 Respondent Date Decided: 1/20/16 Date Mailed: 1/29/16 ORDER NO. 1688 Tonya Thames Taylor ( "Taylor ") violated Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), when she utilized the authority of her public position as a School Director for the Coatesville Area School District by recommending that her husband and immediate family member, Anthony Taylor, perform work that included a website redesign for the Coatesville Area School District, and when she approved payment(s) to her husband, resulting in a private pecuniary benefit in the amount of $1,575.00. 2. Per the Consent Agreement of the parties, Taylor is directed to make payment in the amount of $1,575.00 payable to the Coatesville Area School District and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order. 3. Per the Consent Agreement of the parties, Taylor is further directed to not accept any reimbursement, compensation or other payment from the Coatsville Area School District representing a full or partial reimbursement of the amount paid in settlement of this matter. 4. Compliance with Paragraphs 2 and 3 of this Order will result in the closing of this case with no further action by this Commission. a. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Nicholas A. Colafella, Chair