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In Re: Mary D. Birks,
Respondent
a Y jl �t
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120 -0400
File Docket:
X -ref:
Date Decided
Date Mailed:
FACSIMILE: 717 -787 -0806
WEBSITE: www.ethics.pa.aav
17 -016
Order No. 1734
4110118
4116/18
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
Monique Myatt Galloway
Michael A. Schwartz
Shelley Y. Simms
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 se q., 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 b 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 Mary Birks, a public official /public employee in her capacity as a Member of the
School Board of Directors of the Mt. Lebanon School District, Allegheny County, violated
(Sections 1103(a), 1103(f), 1104(a), and 1105(b)(3)] of the State Ethics Act (Act 93 of
1998) X65 Pa.C.S. �§ 1103(a), 1103(f); 1104(x), and 1105(b)(3OeIrself when she utilized the
authority of her public position for the private pecuniary benefit of and/or a business
with which she is associated by participating in discussions and actions of the School
Board of Directors of the Mt. Lebanon School District to award contracts to Outreach Teen
& Family Services, Inc., a business where she is employed as the Executive Director; when
she authorized payment of public monies to Outreach Teen & Family Services, Inc.; when
contracts were entered into between the School District and Outreach Teen & Family
Services, Inc., in excess of $500.00, absent an open and public process; and when she
failed to file a complete Statement of Financial Interests for the 2016 calendar year, by
failing to report any and all real estate interests.
IL FINDINGS:
Mary D. Birks ( "Birks ") served as a Member of the Mt. Lebanon School District
( "District ") Board of Directors ( "Board ") from December 7, 2009, until December 4,
2017.
From December 5, 2016, until December 4, 2017, Birks served as the
President of the Board.
Birks, 17 -016
1= e 2
b. Birks served as the Vice - President of the Board from December 1, 2014,
through December 5, 2016.
2. The District is governed by a nine- Member Board.
a. The Board holds one discussion meeting and one legislative meeting on the
second and third Monday of each month, with the exception of July and
December.
One combined discussion /legislative Board meeting is held in July
and December.
b. Voting on District issues occurs only at the legislative meeting.
C. Special meetings are held as necessary.
3. Voting at District meetings primarily occurs via individual roil call vote, with group
"ayelnay" votes occurring only for routine or procedural matters.
a. Roll call votes are utilized to address matters involving the expenditure of
District funds, personnel issues, important/controversial issues, etc.
For roll call votes, each individual Board Member's vote is recorded
within the meeting minutes.
b. Group "aye/nay" votes are utilized to address issues such as approval of
prior month's minutes, adjournment, etc.
Any abstention(s) during the group vote are specifically noted in the
minutes.
C. Minutes of District monthly discussion (workshop) and legislative meetings
are approved for accuracy by the Board at the next legislative meeting.
4. Every Thursday the Board [Members] receive informational packets via hand
delivery from the Superintendent's Office for their review.
a. The District Superintendent determines the contents of the meeting packets.
Examples of items within the informational packet may include events
occurring at the schools, construction project updates, open
employment positions, etc.
5. The informational packet issued prior to the discussion (workshop} meeting
includes the upcoming legislative meetingg agenda; any contracts, bids, etc.,
which the administration intends to presentfor approval at the legislative meeting;
and a listing of bills for approval.
a. The list of bills provided within the informational packet represents all bills
received and to be paid from the date the list was last compiled through
the month's end.
6. The informational packet issued prior to the legislative meeting includes a copy of
the meeting agenda with resolutions to be read at the meeting; an updated bill
list; any new items which arise; and the minutes of the prior month's discussion
(workshop) meeting, legislative meeting, and policy committee meeting (if
applicable).
Birks, 17 -016
Tage 3
a. The updated list of bills provided within the legislative meeting packet
represents all bills received and to be paid from the first of the month
through the Wednesday or Thursday before the legislative meeting.
7. The motion and vote to approve the financial reports /items (i.e. list of bills,
Treasurer's Report, list of tax refunds, budgetary transfers, etc.) is conducted by a
single all- encompassing vote, at each legislative meeting.
a. The motion and vote regarding approval of the financial reports /documents
occurs as a whole, in one all- encompassing vote.
b. Checks representing payment to vendors are held until the bill list is
approved at the legislative meeting, with the exception of normal recurring
bills (e.g. utilities, reimbursement checks, etc.).
8. Signature authority over District accounts is maintained by the District Treasurer,
Board Secretary, Board President, and Superintendent.
a. The number of signatures required on District checks is account specific.
b. District checks are generated electronically by the Business Office.
Signatures are electronically printed on the checks when drafted.
9. The Pennsylvania Public School Code (hereafter "Code' establishes mandates
which the District must adhere to regarding obtaining quottes, advertising for bids,
etc. for goods /services procured by contract.
a. Article VII, sub - article (d), Section 751 identifies applicable bidding and/or
quote solicitation requirements in relation to the construction, reconstruction,
repairs, maintenance, or work of any nature on public school buildings or
property based on the value /cost of the project.
b. Article VIII, Section 807.1 identifies applicable bidding and/or quote
solicitation requirements in relation to the purchase of all furniture,
equipment, textbooks, school supplies and other appliances for the use of
the public schools, based on the value /cost of the purchase.
10. No specific requirement exists within the Code regarding bidding and /or quote
solicitation requirements for contracts categorized as "professionaservices.'
a. Professional services are routinely identified as occupations in the service
industry sector which require specialized training (e.g. doctors, teachers,
engineers, lawyers, etc.).
11. Although the Code does not specify requirements for professional service contracts,
Article V - Duties and Powers of Boards of School Directors, Section 508 of the
Code, identifies the need for a majority vote of all members of the board, as well as
the recording of such votes, in order to take action on various subjects, including but
not limited to:
"Entering into contracts of any kind, including contracts
for the purchase of fuel or any supplies, where the
amount involved exceeds one hundred dollars ($100)."
24 P.S. § 5 -508.
Birks, 17 -016
' 4
12. In compliance with Article V, Section 508 of the Code, the District Business Office
generates an annual register /list of all active District contracts with an estimated
value of $100.00 or more (hereafter "Contract List ").
a. In or about January/February of each year, the District Business Office
provides the prior ear's Contract List to all administrators and department
supervisors to verify and/or update the Contract List in order to identify any
active District contracts valued at $100.00 or more.
b. Upon return to the Business Office, the Contract List is updated and
presented to the Board for approval via a single motion /vote.
13. District administration and/or department supervisors routinely identify contracts
necessary for District operations which may not be individually presented to the
Board for consideration and/or approval.
a. Contracts valued at less than $4,000.00 are not consistently presented to the
Board on an individual basis.
Although not presented for Board approval, all contracts, regardless
of value, are to be presented to the District Business Office for review
prior to execution.
aa. The District Business Manager reviews contracts valued under
$4,000.00 and determines if the contract is to be presented to
the Board independently, or only documented on the Contract
List.
bb. The $4,000.00 threshold is a self - imposed value, determined
by the Business Manager, and is not required by law or
regulation.
14. At times, Department supervisors or lead teachers may execute contracts of
minimal amounts and/or renewal contracts, without first presenting the contract(s) to
the Board or the Business Office.
a. The District Business Manager automatically adds any contracts presented
to the Business Office which have been executed by a department
supervisor /lead teacher to the Contract List.
THE FOLLOWING FINDINGS RELATE TO B1RKS' ASSOCIATION WITH OUTREACH
TEEN & FAMILY SERVICES, INC.
15. Outreach Teen & Family Services, Inc., was initially created in 1974 as "Outreach
South Hills" through a grant received from the Pennsylvania State Law Enforcement
Assistance Administration.
a. Outreach South Hills was formed as a result of a grass roots effort between
Mt. Lebanon's Community Relations Board and the Mt. Lebanon Police
Department to address issues involving unhealthy teen activity in the
community.
16. Outreach South Hills filed Articles of Incorporation with the Pennsylvania
Department of State on May 22, 1981, and was assigned Entity Number 0732275.
17. Articles of Amendment were filed at the Pennsylvania Department of State on
September 7, 1 995, changing the corporate name of the entity from Outreach South
Hills to Outreach Teen & Family Services, Inc. (hereafter "Outreach ").
Birks, 17 -016
image 5
a. Outreach's current status with the Pennsylvania Department of State
Corporation Bureau is documented as "Active."
b. Outreach's current listed office address is 666 Washington Road, Mt.
Lebanon, Pennsylvania 15228.
C. Outreach is a 501(c)(3) non - profit entity.
18. Outreach currently operates as a community -based child, teen, and family
counseling agency, providing counseling to individuals between the ages of five and
twenty -one and their families, for a range of issues including: anger management,
family problems, school - related concerns, depression, anxiety, drug and alcohol
dependency, etc.
a. Outreach's mission is to promote and provide mental health counseling and
wellness programs for children and families.
19. Outreach's Board of Directors manages the entity's business affairs as outlined
within its Amended and Re- Stated By -Laws (hereafter "By- Laws ").
a. Outreach's Board of Directors consists of a minimum of 11 and a maximum
of 17 Directors.
Each Director is elected by a majority vote of the Board of Directors
for a term of three years.
aa. Existing members of Outreach's Board of Directors solicit
interest from community members as candidates for
appointment to Outreach's Board of Directors.
20. Outreach's By -Laws maintain a specific Conflict of Interest policy in relation to
individuals serving on the Entity's Board of Directors, which includes, in part, the
following:
a. Any actual or potential conflict between a Director's personal interests and
the Director's duty to Outreach is to be disclosed by the individual to the
Board of Directors and made a matter of record either annually or when the
conflict/potential conflict arises.
b. Any Director deemed disqualified per the conflict of interest policy due to an
actual or apparent conflict of interest is not to vote or use his /her personal
influence on any matter and shall not be counted in determining the quorum
for the meeting.
C. Minutes of the applicable meeting are to reflect that a disclosure was made,
the Director abstained, and the effect on the quorum.
21. Outreach employs an Executive Director who is administratively responsible for the
daily operation and general supervision of the entity.
a. The Executive Director is accountable to the Board of Directors per the chain
of command.
b. The Executive Director serves as an ex officio Board Director.
As an ex officio [Board Director], the Executive Director possesses no
voting right.
Birks, 17 -016
6
22
23
24
Outreach is funded via multiple sources with the approximate percentage amounts
detailed below:
Source
School Contracts
Allegheny County
Mt. Lebanon Township
Foundation Grants
Fee -Based Income
Fundraisers
Individual Gifts
Program Revenue
Total
Percentage of Funding
22.3%
14.6%
17.6%
11.7%
12.6%
16.5%
4.6%
2.5%
10
a. School contracts are contracts between Outreach and the applicable
schools /districts for on -site counselors to provide services for students.
1. Schools which currently contract with Outreach for on -site counselors
are limited to Pittsburgh Technical Institute, Bidwell Training Center,
and Chartiers Houston School District.
b. Funding originating from Allegheny County is restricted to students under the
care of juvenile probation.
C. Fee -based income includes insurance coverage and client payments.
1. Counseling fees are currently $50.00 per session for clients residing
outside of Mt. Lebanon Township.
2. Counseling fees for Mt. Lebanon residents are offered at a reduced
rate (based on the number of sessions) due to underwriting by Mt.
Lebanon Township.
3. Counseling fees may be partially or wholly subsidized in the case of
financial hardship.
Outreach offers services through specific programs in order to fulfill its mission
state me nt/objecti ve as detailed below:
• Group Counseling
• Youth Counseling
• Family Counseling
• Parent Programs
• Community Education
• Youth Education
• Choices -- Drug & Alcohol Education Program for Teens
• Allegheny County Programs
• In- School Programs
• TeenScreen
The TeenScreen Program is a tool created at Columbia University to screen for risk
factors associated with depression, mental illnesses, and/or suicide Ideation in
students between the ages of thirteen and seventeen.
a. TeenScreen is a voluntary program.
1. School Districts offering the program cannot mandate student
participation.
Birks, 17 -016
age 7
b. TeenScreen is offered at participating school districts once per school year.
25. School Districts desiring to offer the TeenScreen Program through Outreach notify
the parents /guardians of all students in grades selected for the screening range
through a mailing.
a. The letters identify and generally escribe the Program, steps involved in the
Program, Program confidentiality, the voluntariness of the Program, and the
necessity for dual consent of the parent(s)Iguardian(s) and the student.
b. Included in the correspondence for the parent(s)/guardian(s) is a consent
form to be removed, completed, and returned to the applicable school
District.
C, The consent form offers choices for parent(s)lguardian(s) to decline consent
for screening, or to consent for the screening at either the applicable District
building or at Outreach's office.
26. Prior to performing any screening, Outreach requires the written consent of the
student after written parentallguardian consent is obtained.
a. Student consent is obtained while meeting with an Outreach mental health
counselor immediately prior to the start of screening.
27. Once dual consent is obtained, the TeenScreen program /screening follows the
general procedural framework as detailed below:
a. Completion of a 1015 minute computerized, self - administered questionnaire,
which screens for multiple mental health issues, suicidality, drug and/or
alcohol abuse, etc.
b. Creation of a report for the counselor identifying any potential flags for at -risk
behavior.
C. Discussion between the counselor and the student to review the student's
responses and identify the existence of any potential immediate danger for
the student.
d. Follow -up by the counselor with the student's parent(s) to discuss the results
of the screen if at -risk behavior is identified.
e. Presenting a register of local providers by the counselor to the
parent(s) /guardian(s), if desired, for consideration of additional services.
1. The student's parent(s) /guardian(s) is /are responsible for choosing
whether additional services /treatment is/are to be pursued.
28. The register provided to student parents /guardians identifies nine separate, local
providers /entities for consideration regarding community-based p outpatient
counseling.
a. Information provided for the majority of the providers /entities includes a
telephone number, a brief description of services available, the length of wait
time before initial appointment, and insurances accepted.
b. Outreach is the only provider /entity documented on the list for which "No
Insurance Needed" is noted.
Birks 17 -016
gage 8
C. Birks was not involved in and/or did not participate with the creation of the
listing as a member of Outreach's Board of Directors, or as Outreach's
Executive Director.
29. TeenScreen is identified as a Suicide Prevention Resource for Allegheny County, as
part of the PA Youth Suicide Prevention Initiative.
a. Pennsylvania Act 71 added Section 1526, Youth Suicide Awareness and
Prevention, to the Pennsylvania Public School o e in 2014 (effective
beginning school year 2015 — 2016) which specifically requires school
enfities to:
1. Adopt a youth suicide awareness and prevention policy.
2. Provide ongoing professional development in youth suicide
awareness and prevention for professional educators in buildings
serving students in grades 6 — 12.
30. In or about 2005, Outreach was given access and shared rights to the screening
tool and other components of the TeenScreen Program.
a. Outreach is the only entity known to be authorized to administer /conduct the
TeenScreen Program east of Kansas.
b. Outreach Counselor Mary Ellen Schmidt was assigned by Outreach to the
TeenScreen Program for the purpose of introducing the Program to local
school districts.
31. The Staunton Farm Foundation initially funded Outreach's TeenScreen Program for
a period of approximately two years, in an effort to establish the Program and move
it forward.
a. Outreach intended to charge a per screen fee, so that the Program would be
self - sustaining once the seed money had been expended.
b. Outreach did not begin charging a per screen fee until approximately
200912010.
32. Birks was initially elected as a member of Outreach's Board of Directors at the June
2, 2005, meeting, and served until resigning on or about September 7, 2006.
a. Birks held no specific officer position during her first period of service on
Outreach's Board of Directors.
b. Birks was not a Member of the District Board during her initial service on
Outreach's Board of Directors.
33. Birks was subsequently re- elected to Outreach's Board of Directors at its May 6,
2010, meeting and served as a member through September 30, 2014.
a. Birks' public office as a Member of the District Board was verbally disclosed
at the May 6, 2010, meeting.
1. Outreach Board member Bill Dempe questioned the existence of a
conflict of interest for Birks in serving on Outreach's Board of
Directors, due to her existing position as a Member of the District
Board.
Birks, 17 -016
Page 9
2. Outreach Board member David Hartman verbalized Birks' need to
recuse herself as a Member of the District Board if /when the District
Board voted on any matters involving Outreach.
b. Birks was present at the May 6, 2010, Outreach Board meeting.
C. Birks served as Second Vice - President of Outreach's Board of Directors from
June 2, 2011, through June 6, 2013, and First Vice - President of Outreach's
Board of Directors from June 6, 2013, through September 2014.
Birks voluntarily resigned her position on Outreach's Board of
Directors in September 2014 to accept employment with Outreach as
the entity's Interim Executive Director.
d. Birks was a Member of the District Board at all times during her second
period of service on Outreach's Board of Directors.
34. Birks has been employed as the Executive Director for Outreach since October
2014.
a. Birks was initially retained as the Interim Executive Director for Outreach
from October 1, 2014, through January 31, 2016.
b. Birks was named as the permanent Executive Directorfor Outreach effective
February 1, 2015.
C. Birks was a Member of the District Board from October 1, 2014, to December
4, 2017, during her employment with Outreach.
35. Birks' job description as Outreach's Executive Director identified, in part,
expectations of, and major accountabilities for, Birks as follows:
• Acting as the public face and spokesperson for the agency;
• Providing professional, superior customer service to all internal and external
customers;
• Supervising the control and expenditure of agency appropriations and
assisting in the preparation of the annual budget;
• Assessing organizational effectiveness through evaluation of programs and
activities;
• Identifying the need slexpectations of the agency's internal and external
stakeholders, developing and maintaining professional relationships with
community, schools, and referring entities, including but not limited to:
District Magistrates, Parole Officers, Juvenile Courts, Independent
Contractors and Funding Agencies;
• Supervising implementation of marketing strategies; and
• Supporting and promoting agency fundraising and development initiatives.
THE FOLLOWING FINDINGS RELATE TO OUTREACH TEEN & FAMILY SERVICES,
INC.'S IMPLEMENTATION AND CONTINUED USE AT THE DISTRICT.
36. The TeenScreen Program was first implemented at the District during or about the
2005 — 2006 school year.
a. On or about June 22, 2005, the District Board /District Superintendent George
Wilson approved the implementation of the Teen Screen Program for
Jefferson and Mellon Middle Schools, the Junior High School, and the Senior
High School.
Birks, 17 -016
age 10
b. Birks was not a Member of the District Board at the time the TeenScreen
Program was first introduced to and/or approved for use at the District.
37. Planning for the implementation of the TeenScreen Program at the District, and
Program - related information, occurs annually in late fall/early winter between
Outreach's Community Outreach and Program Manager/TeenScreen Coordinator
(hereafter "TeenScreen Coordinator ") and a representative within the District's
Guidance /Counseling Department.
a. Outreach employed Stacie Sebastian as its TeenScreen Coordinator in 2012
and Emily Heim as its TeenScreen Coordinator from 2012 to 2017.
b. District counselors responsible for implementing the TeenScreen Program at
the District during the 2011/2012 — 2016/2017 school years included Joy
Rullo 2011/2012 — 201312014 school years) and Tara Leda (201412015 —
20161 017 school years).
C. Screenings for District students are scheduled to occur in late winterlearly
spring each year.
d. As a Member of the District Board, Birks was not involved in the planning
phase nor was/is Birks involved in the planning phase as a member of
Outreach's Board of Directors/Executive Director.
38. Additional items addressed in the planning include the updating and mailing of
parent consent forms by the District, identification of an anticipated screening
completion date(s), and identification of the cost per screen to the District.
a. Parental /guardian consent letters are routinely mailed in December or
January of each school year with a specified deadline for return.
b. Identification of a cost per screen has occurred since at least the 2009/2010
school year.
C. As a Member of the District Board, Birks was not involved in the scheduling
nor was/is Birks involved in the scheduling as a member of Outreach's Board
of Directors/Executive Director.
39. The agreement for implementation of the TeenScreen Program at the District during
the time frame of the 2012/2013 school year through the 2016/2017 school year
was memorialized annually via a one -page contract between the District and
Outreach.
a. The contract is executed in the late fall/early winter of each school year
between a representative of the District Guidance/Counseling Department
and Outreach's TeenScreen Coordinator.
b. The contract briefly describes the TeenScreen program, services performed,
program history at the District, applicable per screening fees, and
confidentiality provisions.
C. Birks was not involved in executing the contract as a Member of the District
Board nor was/is Birks involved in executing the contract as a member of
Outreach's Board of Directors/Executive Director.
d. The contract is a template document.
Birks, 17 -016
11
No material changes were made to the contract during the time frame
of the 2012/2013 school year through and including the 2016/2017
school year.
40. The contracts executed between the District and Outreach are printed on Outreach
letterhead with the exception of the 2013/2014 school year contract, which was
printed on stock paper.
a. Outreach letterhead identifies the entity's Board of Directors (Officers and
remaining Directors), honorary Directors, and Administrators by name in the
left -hand margin.
Birks was identified as Outreach's Interim Executive Director on
letterhead memorializing the 2014/2015 school year contract between
Outreach and the District.
2. Birks was identified as Outreach's Executive Director on Outreach
letterhead memorializing the 2015/2016 and 2016/2017 school year
contracts.
41. Contracts between the District and Outreach were not individually presented to,
discussed, and/or approved by the District Board.
a. District and Outreach contracts for the TeenScreen Program were agreed
upon, approved, and executed directly between representatives of the
District's Guidance/Counseling Department and the TeenScreen
Coordinator.
b. Birks had no involvement as a District Board Member, an Outreach Board
member, and/or as Outreach's Executive Director regarding the negotiation
of the contracts, presentation of the contracts to the District
Guidance/Counseling Department, review of the contracts, and/or execution
of the contracts between the District and Outreach.
42. Outreach provided the TeenScreen Program at no cost to the District until the 2009-
2010 school year.
a. At or about that time, James Brophy, Outreach's Director of Operations,
became concerned that the TeenScreen Program had not achieved its goal
of becoming a self - sustaining program.
b. Brophy. determined Outreach's cost to administer the Program at
approximately $35.00 per screen.
C. At this time (2009 -2010) Birks was serving as a Board Member of Outreach
effective May 6, 2010; Birks was not holding public office as a District Board
Member.
43. Outreach did not charge the District the entire $35.00 per screen fee originally
established for the TeenScreen Program.
a. Outreach split the cost associated with each District student screening
equally between itself and the District.
The fee established for the District totaled $17.50 per student
screened.
Birks, 17 -016
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44
45.
Wt
b. Outreach bore 50% of the cost per screening conducted for the District due
to Outreach's relationship with the community, as well as Mt. Lebanon's
allocation of funding for Outreach as a community resource.
Representatives from the District and Outreach executed annual contracts for the
TeenScreen Program from the 2012/2013 school year through the 2016/2017
school year as detailed below:
School
District
Position*
Date igne
Outreach
Position
Date
ear -
Representative
Representative
signed
2012/2013
Unknown
Unknown
Unknown
Unknown
Unknown
Unknown
2013/2014
Joy Rullo
Counselor
91/22/2013
Emily Heim
TeenScreen Coordinator
Undated
Peter Berg
Corr. Principal
2014/2015
Peter Berg
Corr. Principal
10124/2014
Emily Heim
TeenScreen Coordinator
10128/2014
2015/2016
Tara Leja
Dept. Chair
11/03/2015
Emily Heim
TeenScreen Coordinator
11/05/2015
2016/2017
Melissa Nelson
Corr. Principal
11/04/2016
Emily Heim
TeenScreen Coordinator
Undated
a. No executed contract was located for the 2012/2013 school year.
b. Contracts representing the 2013/2014 through 2016/2017 school years
documented the $17.50 per student screening cost to the District.
Upon completion of District TeenScreen Program screenings each year, Outreach
provided correspondence and an invoice to the District.
a. The correspondence identified the total results for the TeenScreen Program
segregated into various categories for the applicable year.
1. The correspondence was addressed to a representative of the District
Guidance/Counseling Department from the TeenScreen Coordinator.
aa. Birks had no involvement with the creation, review, mailing, or
receipt of the correspondence in either her position as a
member of Outreach's Board, Outreach's Executive Director,
or as a District Board Member.
b. The invoice identified the total payment due to Outreach for screenings
provided to District students for the applicable year.
1. The invoice was addressed to a representative of the District
Guidance/Counseling Department from Outreach.
aa. Birks had no involvement with the creation, review, mailing, or
receipt of the invoices in either her position as a member of
Outreach's Board, Outreach's Executive Director, or as a
District Board Member.
Between the 2012/2013 and 2016/2017 school years, Outreach submitted a total of
five invoices to the District seeking payment in the amount of $11,777.50 in relation
to TeenScreen Program services provided, as detailed below:
04/18/2013 Teen Screen Outreach Donna Spalla*
05/31/2014 Teen Screen Outreach Donna Spalla*
04/2712015 Teen Screen Outreach Tara Leja
Charges for 113 Teen Screens in Mt. Lebanon School $1,577.50
District
Charges for 121 Teen Screens in Mt. Lebanon School $2,117.50
DEStrlct
Charges for 144 Teen Screens in Mt. Lebanon School $2,520.00
District
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fags 13
04/14/2016 Teen Screen Outreach Tara Leja
04/1812017 Teen Screens Outreach Melissa Nelson
*Donna Spalla = ui ante ounce in epa
Charges for 133 Teen Screens in Mt. Lebanon School $2,327.50
District
Completed Screens - 162 $2,835.00
ry
a. Each of the invoices received were included on the list of bills to be approved
at the next applicable Board legislative meeting for payment.
47. Between May 2013 and June 2017, Birks participated in four (4) of five (5) Board
votes to approve lists of bills on which payment to Outreach was documented, as
detailed below:
Meeting Date
Bill List Date
Check Date
Check Number
Birks Present
Birks' Vote
Final Vote
05/20/2013
05/14/2013
05/14/13
218124
Yes
Yes
9 -0
07/21/2014
06/30/2014
06/26/14
224675
Yes
Second/Yes
8 -0
05/18/2015
05/13/2015
05/13/15
229442
Yes
Yes
8 -0
05/23/2016
05/17/2016
05/17/16
234527
Yes
Yes
9 -0
05/22/2017
05/16/2017
05/16/17
239515
Yes
Abstained
7 -0 -1
a. Birks abstained from the vote to approve the list of bills presented at the
District's May 22, 2017, legislative meeting.
1. Birks abstained from the vote at the May 22, 2017, legislative meeting
due to concerns of a potential conflict of interest between Birks'
position on the District Board and Birks' employment with Outreach.
aa. From January 2012 through September 2014, Birks served as
a member of Outreach's Board of Directors and from October
2014 through the present, she has served as Outreach's
Executive Director.
b. At the time Birks voted to approve the applicable lists of bills as a District
Board Member, she was unaware that the lists included payments to
Outreach.
1. Birks first became aware of Outreach's invoices on the bill list in 2017
when the potential conflicts were discussed.
48. Prior to officially being informed of the filing of the Complaint, Birks made a public
disclosure at an open Board meeting of her participating in the above referenced
votes.
49. Although annual contracts were executed between Outreach and the District over
the span of multiple school years, the contracts were not individually presented to
the Board for consideration, discussion, and/or approval for various reasons
including:
a. The TeenScreen Program had been offered through Outreach to the District
at no cost until the 2009/2010 school year.
b. The historical annual cost of the program had not totaled an amount equal to
or in excess of $4,000.00 since Outreach had begun invoicing the District for
the service.
1. The highest single -year cost incurred by the District for TeenScreen
Birks, 17 -016
/sage 14
services over the span of the program totaled $2,835.00 attributed to
the 2016/2017 school year.
C. The District could not accurately determine the number of students
participating in the TeenScreen program each year, and the corresponding
cost to the District, prior to executing the contract.
d. The District had traditionally viewed the contract between the District and
Outreach as a professional service and therefore not subject to bid
requirements.
e. The contracts were executed directly between a representative (s) from the
Guidance /Counseling Department and an Outreach representative without
Board participation.
1. The only Board involvement was the approval of invoices as part of
bill listings.
50. Contracts executed between the District and Outreach were not documented on the
annual all- inclusive Contract List presented to the Board for approval for the
2009/2010 through 2014/2015 school years.
a. Peter Berg had the administrative responsibility of supervising the
Guidance/Counseling Department for the 2007/2008 through 2014/2015
school years.
1. Berg and/or Guidance Counseling Department representatives did not
identify the 0utreach[TeenScreen contract for inclusion on the annual
Contract List.
51. Melissa Nelson, Mellon Middle School Assistant - Principal, supervised the
Guidance/Counseling Department for the 2015/2016 and 2016/2017 school years.
a. Nelson identified the contract with Outreach as one valued in excess of
$100.00 and as such, updated the 2014/20/5 Contract List to include the
Outreach contract before returning it to the Business Office.
52. The Business Office then added the Outreach contract to the finalized version of the
2015/2016 Contract List for presentation to the Board for approval.
a. The contract with Outreach was carried over from the 2015/2016 Contract
List to the 2016/2017 Contract List.
b. Birks was not made aware by any District personnel that the contract with
Outreach had been added to the Contract List for the 2015/2016 or
2016/2017 school year.
53. At the District's February 22, 2016, legislative meeting, a motion was made by
Board Member Sarah Olbrich (seconded by Board Member Mike Riemer) to
approve, ratify, and accept five separate financial reports, including the Contract List
in excess of $Y100.00, in one, all - encompassing vote.
a. The Contract List documented approximately 101 contracts for approval.
1. Outreach was documented on the Contract List for a one -year
contract to provide student screenings for the District at an estimated
cost of $2,520.00.
Birks, 17 -016
15
b. The motion passed via 9 -0 roll call vote.
1. Birks was present and voted in favor of the motion.
54. At the District's February 27, 2017, legislative meeting, a motion was made by
Board Member Larry Lebowitz (seconded by Riemer) to approve, ratify, and accept
four separate financial reports, Including the Contract Lis contracts In excess of
$100.00, in one, all - encompassing vote.
a. The Contract List documented approximately 104 contracts for approval.
1. Outreach was documented on the Contract List for a one -year
contract to provide student screenings for the District at a cost of
$2,520.00.
b. The motion passed via 8 -0 roll call vote with one Board Member absent.
1. Birks was present and voted in favor of the motion.
55. Outreach did not realize a profit from the payments received from the District
totaling approximately $11,777.50 between 2013 through 2017 as a result of salary
expenses Incurred for TeenScreen services provided to the District from 2013
through 2017.
Description
07112 -07113
07!13 -07!14
07114 -07 5
07115 -07116
07/16 -07117
TeenScreen Payments from District
$1,977.50
$2,117.50
$2,520.00
$2,327.50
$2,835.00
Outreach Counselor SalariesNVages
$6,592.14
$5,339.85
$5,327.95
$5,080.20
$5,43916
Net
- $4,614.64
- $3,222.35
- $2,807.95
- $2,752.70
- $2,604.16
Loss Percentage
- 233.36 %
- 152.18%
- 111.43%
- 118.27%
- 91.86%
a. Outreach salary expenses for the July 2012 through June 2014 fiscal years
regarding Teen Screen services provided to the District include salary
expenses Incurred for administrative positions as well as counselors.
1. lnclusion of administrative salary expenses associated with the
TeenScreen program inflated the amountlpercentage of Outreach's
loss.
b. Outreach salary expenses for the July 2014 through June 2017 fiscal years
regarding Teen Screen services provided to the District include counselor
salary expenses only.
c. Birks did not hold an administrative position with Outreach until October 2014
when she was appointed interim Executive Director.
56. The yearly budget for Outreach for the relevant time period was as follows:
7/2013 - 712014 $538,715.00
7/2014 - 712015 $542,693.21
712015 - 7/2016 $595,397.51
7/2016 - 712017 $598,414.05
57. The percentage of the payments from the District to Outreach for the relevant years
was as follows:
Year
u ge t
t. a anon Payment
00 0ta ear a et
712013 - 7 4
$538,715.00
$2,11 I,bU
39%
7 - 712015
-T-542,693,21
2 520.0Q
—.46%
712015 -- 7 2
55 397.5
2 3 7.5
0
7 20 6 -- 712017
$5298 4 5
8 .00
.47%
Birks, 17 -016
age 16
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT BIRKS FAILED TO
COMPLETE ALL REQUIRED INFORMATION ON HER 2016 CALENDAR YEAR
STATEMENT OF FINANCIAL INTERESTS.
58. Statement of Financial Interests filing requirements for public officials and public
employees are mandated by Section 1104 of the State Ethics Act.
59. Birks was required to file Statements of Financial Interests ( "SFIs ") by May 1st
annually while holding public office as a Member of the District Board.
60. Information to be disclosed on SFIs filed by public officials and public employees is
mandated by Section 1105 of the State Ethics Act.
a. Section 1105(b), Subsections 1 -10 identify specific information to be
disclosed as well as exceptions to disclosure requirements when applicable.
Section 1105(b)(3) mandates disclosure of any direct or indirect
interest in any real estate which was sold or leased to the
Commonwealth, any of its agencies or political subdivisions or
purchased or leased from the Commonwealth, any of its agencies or
political subdivisions or which was the subject of any condemnation
proceedings by the Commonwealth, any of its agencies or political
subdivisions.
61. On July 10, 2017, an SFI compliance review was conducted at the District at the
District administrative office located at 7 Horseman Drive, Pittsburgh, PA 1 5228.
a. Birks' SFIs for calendar years 2011 through 2016 were obtained from the
District on July 26, 2017.
62. Birks filed SFIs for calendar years 2011 through 2016 in compliance with Section
1104(a) of the State Ethics Act as follows:
Form Date
For Calendar Year
04�T-F2---
20
03/04/13
2012
04/13/14
2013
04/11/15
2014
02120116
2015
02/23/17
2016
63. Birks did not complete Section 8, Real Estate Interests, on her 2016 calendar year
SFI filed in 2017.
a. Section 8, Real Estate Interests, was left blank.
b. SFIs are identified as deficient if any Section /Block is not completed.
C. There is no evidence that Birks maintained any reportable real estate
interests.
64. Upon notification of the above referenced deficiency, Birks amended the SFI with
the District.
Ill. DISCUSSION:
As a Member of the Mt. Lebanon School District "District ") Board of Directors
( "Board ") from December 7, 2009, until December 4, 2017, Respondent Mary D. Birks,
hereinafter also referred to as "Respondent," "Respondent Birks," and "Birks," has been a
Birks, 17 -016
F e 17
public official subject to the provisions of the Public Official and Employee Ethics Act
( °Ethics Act "), 65 Pa.C.S. § 1 101 et seq.
The allegations are that Birks violated Sections 1103(a), 1103(f), 1104(a), and
1'05(
b)(3) of the Ethics Act: (1) when she as a Member of the District Board utilized the
authority of her public position for the private pecuniary benefit of herself and/or a business
with which she is associated by participating in discussions and actions of the District
Board to award contracts to Outreach Teen &Family Services, Inc., a business where she
is employed as the Executive Director; (2) when she authorized payment of ublic monies
to Outreach Teen & Family Services, Inc.; (3) when contracts were entered into between
the School District and Outreach Teen & Family Services, Inc., in excess of $500.00,
absent an open and public process; and (4) when she failed to file a complete Statement of
Financial Interests (' SFI ") for the 2016 calendar year by failing to report any and all real
estate interests.
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 ublic 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.
Section 1103(f) of the Ethics Act imposes certain restrictions as to contracting:
§ 1103. Restricted activities
(f) Contract. —No public official or public employee or
his spouse or child or any business in which the person or his
Birks, 17 -016
f 18
spouse or child is associated shall enter into any contract
valued at $500 or more with the governmental body with which
the public official or public employee is associated or any
subcontract valued at $500 or more with any person who has
been awarded a contract with the governmental body with
which the public official or public employee is associated,
unless the contract has been awarded through an open and
public process, including prior public notice and subsequent
public disclosure of all proposals considered and contracts
awarded. In such a case, the public official or public employee
shall not have any supervisory or overall responsibility for the
implementation or administration of the contract. Any contract
or subcontract made in violation of this subsection shall be
voidable by a court of competent jurisdiction if the suit is
commenced within 90 days of the making of the contract or
subcontract.
65 Pa.C.S. § 1103(f).
Section 1103(f) of the Ethics Act provides in part that no public official/public
employee or his spouse or child or business with which the public off iciallpublic employee
or his spouse or child is associated may enter into a contract with his governmental body
valued at five hundred dollars or more or any subcontract valued at five hundred dollars or
more with any person who has been awarded a contract with the governmental body with
which the public official/public employee is associated unless the contract is awarded
through an open and public process including prior public notice and subsequent public
disclosure of all proposals considered and contracts awarded.
Section 1104(a) of the Ethics Act provides that each public official/public employee
must file an SFI for the preceding calendar year, each year that he bolds the position and
the year after he leaves it.
Section 1105(b)(3) of the Ethics Act requires the filer to disclose on the SFI any
direct or indirect interest in any real estate which was sold or leased to or purchased or
leased from the Commonwealth, any of its agencies or political subdivisions, or which was
the subject of any condemnation proceedings by the Commonwealth or any of its agencies
or political subdivisions.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Respondent Birks served as a Member of the District Board from December 7,
2009, until December 4, 2017. From December 5, 2016, until December 4, 2017, Birks
served as President of the District Board. Birks served as Vice - President of the District
Board from December 1, 2014, through December 5, 2016. The District Board consists of
nine Members.
During the relevant time period, Birks has been associated with "Outreach Teen &
Family Services, Inc." ( "Outreach "), a 501(c)�3) non - profit community -based child, teen,
and family counseling agency located in Mt. ebanon, Pennsylvania. Birks served as a
member of Outreach's Board of Directors from on or about May 6, 2010, through
September 30, 2014. Birks was the Interim Executive Director for Outreach from October
1, 2014, through January 31, 2015. Birks was named as the permanent Executive Director
for Outreach effective February 1, 2015.
The services offered by Outreach Include the "TeenScreen Program," which is a
voluntary program that screens for certain risk factors in students. The TeenScreen
Birks, 17016
19
Program was first implemented at the District during or about the 2005 — 2006 school year.
Birks was not a Member of the District Board at the time the TeenScreen Program was first
introduced to and/or approved for use at the District.
Outreach provided the TeenScreen Program at no cost to the District until the 2009-
2010 school year. At or about that time, it was determined that Outreach's cost to
administer the Program was approximately $35.00 per screening. Thereafter, Outreach
bore 50% of the cost ($17.50 per screening) for screenings conducted for the District due
to Outreach's relationship with the community and funding it received from Mt. Lebanon.
For the 2012/2013 school year through the 2016/2017 school year, the agreement
for implementation of the TeenScreen Program at the District was memorialized annually
via a one -page contract between the District and Outreach. These contracts were agreed
upon, approved, and executed by representatives of the District's Guidance /Counseling
Department and Outreach without participation by the District Board. Contracts between
the District and Outreach were not individually presented to, discussed, and /or approved by
the District Board.
Birks had no involvement as a District Board Member, a member of Outreach's
Board of Directors, or Outreach Executive Director regarding the planning or scheduling of
the TeenScreen Program at the District, negotiation of the aforesaid contracts,
presentation of the contracts to the District Guidance /Counseling Department, review of the
contracts, and/or execution of the contracts between the District and Outreach. Birks was
identified as Outreach's Interim Executive Director or Executive Director on letterhead
memorializing the 201412015, 201512016, and 2016/2017 school year contracts between
Outreach and the District.
The District Business Office generates an annual register /list of active District
contracts (hereafter "Contract List ") with an estimated value of $100.00 or more. The
Contract List is presented to the Board for approval via a single motionlvote. Contracts
with Outreach were not included on the Contract Lists presented to the Board for approval
for the 2009/2010 through 2014/2015 school years. Outreach contracts were included on
the 2015/2016 and 2016/2017 school year Contract Lists. At the District Board's February
22, 2016, and February 27, 2017, meetings, Birks participated in Board votes to approve,
ratify, and accept various financial reports including these Contract Lists, each of which
included a one -year contract with Outreach to provide student screenings for the District at
an estimated cost of $2,520.00.
Upon completion of District TeenScreen Program screenings each year, Outreach
provided correspondence and an invoice to the District. Birks had no involvement with the
creation, review, mailing, or receipt of such correspondence or invoices, either as a District
Board Member, a member of Outreach's Board of Directors, or Outreach Executive
Director.
Between the 2012/2013 and 2016/2017 school years, Outreach submitted a total of
five invoices to the District seeking ayment in the amount of $11,777.50 in relation to
TeenScreen Program services, as dpetailed to Fact Finding 46. Between May 2013 and
June 2017, Birks participated in four (4) of five (5) Board votes to approve lists of bills on
which payment to Outreach was documented as detailed in Fact Finding 47. At the time of
her aforesaid votes, Birks was unaware that the lists included payments to Outreach.
Outreach did not realize a profit from the payments received from the District totaling
approximately $11,777.50 from 2013 through 2017, but rather, experienced a loss as a
result of salary expenses incurred for TeenScreen services provided to the District from
2013 through 2017 see, Fact Finding 55). Additionally, these payments to Outreach
represented less than ha f of one percent of the District's annual budgets. Fact Finding 57.
Birks, 17 -016
20
As for Birks' SFIs, in July 2017 an SFI compliance review was conducted at the
District. Birks had not completed Section 8, Real Estate Interests on her 2016 calendar
year SFI filed in 2017. Although there is no evidence that Birks maintained any reportable
real estate interests, SFIs are identified as deficient if any Section /Block is not completed.
Upon notification of the above referenced deficiency, Birks amended the SFI.
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:
a. That no violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Birks, in her capacity as
a Member of the School Board of Directors of
the Mt. Lebanon School District, participated in a
vote by the School Board of Directors to ratify a
contract or agreement between the District and
Outreach Teen & Family Services, Inc., a
business with which she is employed as the
Executive Director, in that the use of office by
Birks resulted in a de minimis economic impact
pursuant to Commission Order Fidler: 1637. See
Fidler: 1637, pg. 17. "However, we conclude that
Respondent's actions had a de minimis
economic . mpact upon Fidler Bros. — particularly
in light of Fidler Bros.' total business in 2010 and
2011 (cf., Bixler v. State Ethics Commission, 847
A.2d 785 Pa. Cmwlth. 20 4 ....
That no violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Birks, in her capacity as
a Member of the School Board of Directors of
the Mt. Lebanon School District, participated in a
vote by the School Board of Directors to approve
the payment of bills, which included payment(s)
to Outreach Teen & Family Services, Inc., a
business with which she is employed as the
Executive Director, in that the use of office by
Birks resulted in a de minimis economic impact
pursuant to Commission Order Fidler: 1637. See
Fidler: 1637, pg. 17: "However, we conclude that
Respondent's actions had a de minimis
economic impact upon Fidler Bros. — particularly
in light of Fidler Bros.' total business in 2010 and
2011 (cf., Bixler v. State Ethics Commission, 847
A.2d 785 a. CmwIth. 2004))...."
C. That a violation of Section 1105(b)(3) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(%3), occurred when Birks
neglected to comple a disclosure of any and all
real estate interests upon [her] Statement of
Birks, 17 -016
'1 age 21
Financial Interests filed for the 2016 calendar
year. An amended Statement of Financial
Interests form was filed by Birks on or about
August 27, 2017.
That no violation of Section 1103(f) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(f), occurred when contracts in excess of
$500.00 were entered into between the District
and Outreach Teen & Family Services, Inc.;
pursuant to the Commission's interpretation of
Bixler v. State Ethics Commission, 847 A.2d 785
Pa. Commw. Ct. pr. 26, 2004 , a violation of
5 Pa.C.S § 1103(f) is unsustainable.
That no action be taken regarding [Section]
1104(a) of the Public Official and Employee
Ethics Act, 65 Pa.C.S. § 1104(a).
In light of Birks' immediate filing of an amended Statement of
Financial Interests upon Notice of her deficiency, the
Investigative Division recommends no civil penalty be
assessed against Birks.
5. 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 A reement, at 2-3.
In considering the Consent Agreement, we agree with the parties that no violation of
Section 1103(a) has been established in this case because, based upon the Stipulated
Findings, Birks actions as a District Board Member in voting to ratify contracts or
agreements with Outreach and to approve the payment of bills that included payments to
Outreach had a de minimis economic impact. Specifically, Outreach experienced a loss,
not a profit, in relation to the TeenScreen Program screenings it conducted for the District.
Furthermore, the payments made by the District to Outreach represented less than half of
one percent of the District's annual budgets.
Based upon the Stipulated Findings, we hold that no violation of Section 1103(a) of
the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Birks, in her capacity as a Member of
the District Board, participated in vote(s) by the District Board to ratify a contract or
agreement between the District and Outreach, a business with which she is employed as
the Executive Director, or when she participated in vote(s) by the District Board to approve
the payment of bills which included payment(s) to Outreach, in that the use of office by
Birks resulted in a de minimis economic impact. Cf., Bixler v. State Ethics Commission,
847 A.2d 785 (Pa. Cmwlth. 2004)).
We agree with the parties, and we hold, that a violation of Section 1105(b)(3) of the
Ethics Act, 65 Pa.C.S. § 1105(b)(3), occurred when Birks neglected to complete BBlock 8 of
Birks, 17 -016
22
her Statement of Financial Interests filed for the 2016 calendar year, which Block required
disclosure of real estate interests.
We accept the recommendation of the parties for a finding that no violation of
Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred as to the allegation that
contracts in excess of $500.00 were entered into between the District and Outreach absent
an open and public process.
In Bixler, supra, the Commonwealth Court of Pennsylvania held that a township
supervisor did -not violate Section 1103(f) of the Ethics Act when a business that employed
him entered into a contract in excess of $500 with his township without an open and public
process: but the supervisor himself was neither a party to the contract nor a rinclpa] of the
contracting business. The Court determined that Section 1103(f) of the Ethics Act
prohibited the conduct of entering into the contract under such circumstances. The Court
concluded that although a violation ot SeEt—ion 1103(f) of the Ethics Act would be
established under such circumstances, it would not be the public official who would be in
violation of the law. Id. See also, Means, Opinion 04 -007.
In the instant matter, althouggh contracts valued at $500.00 or more were entered
into by the District and Outreach witi�out an open and public process, Birks was not a party
to such contracts, and it would appear that the parties are in agreement that Birks was not
a principal of Outreach.
Accordingly, we hold that based upon the Consent Agreement of the parties, no
violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred as to the
allegation that contracts in excess of $500.00 were entered into between the District and
Outreach absent an open and public process.
Finally, we accept the recommendations of the Consent Agreement: (1) that no
action be taken regarding he alleged violation of Section 1104(a) of the Ethics Act, 65
Pa.C.S. § 1104(a); and (2) that no civil penalty be imposed against Birks given the fact that
she immediately filed an amended SFl for calendar year 2016 upon being notified of the
aforesaid deficiency.
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.
IV. CONCLUSIONS OF LAW:
1. As a Member of the Mt. Lebanon School District ( "District') Board of Directors
Board ) from December 7, 2009, until December 4, 2017, Respondent Mary D.
irks ( "Birks" has been a public official subject to the provisions of the Public
Official and Employee Ethics Act ( "Ethics Act'), 65 Pa.C.S. § 1101 et sec..
2. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Birks, in her capacity as a Member of the District Board, participated in vote(s)
by the District Board to ratify a contract or agreement between the District and
Outreach Teen & Family Services, Inc. ( "Outreach), a business with which she is
em 10 ed as the Executive Director, or when she participated in vote(s) by the
Distric� Board to approve the payment of bills which included payment(s) to
Outreach, in that the use of office by Birks resulted in a de minimis economic
impact.
3. A violation of Section 1105(b)(3) of the Ethics Act, 65 Pa.C.S. § 1105(b)(3),
occurred when Birks neglected to complete Block 8 of her Statement of Financial
Interests filed for the 2016 calendar year, which Block required disclosure of real
estate interests.
Birks 17 -016
'� 23
Based upon the Consent Agreement of the parties, no violation of Section 11 03(f) of
the Ethics Act, 65 Pa.C.S. §� 1103( occurred as to the allegation that contracts in
excess of $500.00 were entered in o between the District and Outreach absent an
open and public process.
Per the Consent Agreement of the parties: (a) no action will betaken regarding the
alleged violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a); and (b)
no civil penalty will be imposed against Birks given the fact that she immediately
filed an amended Statement of Financial Interests for calendar year 2016 upon
being notified of the aforesaid deficiency.
In Re: Mary D. Birks, File Docket: 17 -016
Respondent Date Decided: 4110118
Date Mailed: 4116118
ORDER NO. 1734
As a Member of the Mt. Lebanon School District ( "District ") Board of Directors
( "Board ") from December 7, 2009, until December 4, 2017, Mary D. Birks ( "Birks ")
did not violate Section 1103(a) of the Public Official and Employee Ethics Act
�"Ethics Act "), 65 Pa.C.S. § 1103(a), when Birks, in her capacity as a Member of the
istrict Board, participated in vote(s) by the District Board to ratify a contract or
agreement between the District and Outreach Teen & Family Services, Inc.
{ "Outreach), a business with which she is employed as the Executive Director, or
when she participated in votes by the District Board to approve the payment of
bills which included payments to Outreach, in that the use of office by Birks
resulted in a de minimis economic impact.
A violation of Section 1105(b)(3) of the Ethics Act, 65 Pa.C.S. § 1105(b)(3),
occurred when Birks neglected to complete Block 8 of her Statement of Financial
Interests filed for the 2016 calendar year, which Block required disclosure of real
estate interests.
Based upon the Consent Agreement of the parties, no violation of Section 1103(f) of
the Ethics Act, 65 Pa.C.S. § 1103(f), occurred as to the allegation that contracts in
excess of $500.00 were entered into between the District and Outreach absent an
open and public process.
Per the Consent Agreement of the parties: (a) no action will betaken re arding the
alleged violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104.?a); and (b)
no civil penalty will be imposed against Birks given the fact that she immediately
filed an amended Statement of Financial Interests for calendar year 2016 upon
being notified of the aforesaid deficiency.
BY THE COMMISSION,
is o as o a e Ila, Chair