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In Re: Eric Kocsis,
Respondent
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: wM,qth1cs.12a,go
18-042
Order No. 1760
9/25/19
10/9/19
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
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"), �5 Pa.C.S. § 1101 et seg., by the above -named Respondent. At the
commencement of its investigation, 66 Investigative Division served upon Respondent
written notice of the specific allegations. Upon completion of its investigation, the
Investigative Division issued and served upon Re ondent a Findings, Report identified as
Respondent
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 he Findings in this Order. The Consent Agreement has been
approved,
I. ALLEGATIONS:
That Eric Kocsis, a public official/public employee in his capacity as the Business
Manager for the Blairsville-Saltsburg School District, Indiana County, violated Sections
1103a, 1104(a), and 1105(a) of the State Ethics Act (Act 93 of 1998), 65 Pa.C,S. §§
1103a,1104(a), and 1105(a), when, through the authority of his public position, he utilized
School District equipment, resources, and time, to engage in a private business enterprise,
resulting in a pecuniary benefit; and when he failed to maintain a calendar year 2016
Statement of Financial Interests filing with the Blairsville-Saltsburp School District, and
failed to properly date his 2013 calendar year Statement of Financial Interests.
11. FINDINGS:
1. Eric Kocsis (also referred to herein as "Respondent," "Respondent Kocsis," and
"Kocsis") served as the Business Manager of Blairsville-Saltsburi School District
("School District"), Indiana Count Pennsylvania, from June 6, 005, to July 3,
2009, and again from August 1, 2�019, to November 4, 2016,
2, The School District serves approximately 1,600 students atthree campuses located
in Blairsville and Saltsburg, Pennsylvania.
a. The School District educates students spanning the grade range of Pre-K
through twelfth (12th) grade.
b. The School District encompasses approximately 142 square miles in
Kocsis, 18-042
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5
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southern Indiana County and a portion of northern Westmoreland County.
The School District is governed by the nine -Member School District School Board
(also referred to herein as the "Board").
a. The Board convenes for legislative meetings once per month on the last
Thursday of each respective month.
1. Committee (workshop) meetings are held the Wednesday prior to
each legislative meeting.
b. Special meetings are called as needed.
Kocsis maintained an individual employment contract with the School District at all
times in relation to his tenure at the School District,
a. Kocsis' individual contract identified, amonq other items, his employment
terms, obligations, compensation, and benefits.
The position of School District Business Manager is a salaried year-round, Monday
through Friday, position.
a. The School District Business Manager is expected to work at least eight (8)
hours per business day.
1. As a salaried employee, the School District Business Manager is
expected to work hours above and beyond eight (8) hours per Tay as
needed to complete his/her job responsibilities,
2. As expected, Kocsis regularly worked hours above and beyond eight
(8) hours per day as needed to complete his job responsibilities.
b. The Business Manager is entitled to vacation, personal, and sick days as
directed in each employment contract.
The School District Business Manager is responsible for the management,
supervision, and/or performance of the Local Education Agency (also referred to
herein as "LEA") with duties in the following areas, among others;
as Managtrriept and Invest rn e nt s -
Data Processinq or Information Technology
_T—in_a_nc`ia7P`lanninq and -Budget 6___
Financial Accounting ..-.Office
Neqotlations
Personnel Manaqernent
Manaqerren
Payroll Accoing
untt
Real Estate and Fixed Asset aflN:em�nt_
Purchasing and Supply Management
Tax Administration
a The School District Business Manager's duties relating to tax administration
are for purposes including, but not limited to, assessing, levying, and
collecting School District taxes,
The School District Business Manager is not responsible for the
completion of any non -School District tax administration or tax
consulting services.
As the School District Business Manager, Kocsis was assigned and/or had access
to various School District equipment and/or resources to assist in the performance
of his job duties.
a. Kocsis was assigned a School District laptop (Make: HP ProBook, Model
Number: 4530F, Serial Number; CNB2020SC3) in his position as the School
District Business Manager,
b. Kocsis maintained a School District printer in his School District office.
C. Kocsis had access to an all -in -one scanner/copier/fax machine (Make: Xerox,
Model Number: 5945APT, Serial Number- A2M622927) located in the
employee break (lunch) room.
d. Kocsis, was assigned a School District email address (kocsisob-ssd.org) for
the purposes of communication and performance of School District business.
e. Kocsis utilized his personal cellular telephone ([number redacted)) for School
District -related business.
8. The School District maintained policies on day to -day operations, the use of School
District network resources, and avoiding conflicts of interest, (District Policy Manual,
Policy Number 815 "Acceptable Use of Internet) Computers and Network
Resources"; Policy Number 827, "Conflict of Interest.
a. These School District policies prohibited engaging in commercial, for -profit,
or any business purposes, and prohibited ( Ticts of interest (except where
such activities are otherwise permitted or authorized under applicable School
District policies).
b. School District policy permitted "incidental personal use" of network
resources.
1. Policy 815 defined "incidental personal use," in fart, as the use of
e
School District computers, networks, in emet, electronic
communications, and information systems (collectively "CIS systems")
by an individual employee for occasional personal communications,
c. The School District has not indicated to Kocsis that he was ever in violation
of School District policies.
9. Kocsis holds a Certified Public Accountant ("CPA") license within the
Commonwealth of Pennsylvania.
a. Kocsis received his CPA license on March 1, 1999.
b. Kocsis' license was last renewed on December 17, 2017, and is valid through
December 31, 2019.
C. The School District did not require that its Business Manager have a CPA
license.
10. Kocsis provided accounting -related consulting services to non -School District
.
entities under the name Kocsis Consulting' from approximately 1999 until
approximately 2017.
11. Kocsis
provided services to S. Goldblatt Pathology Associates ("SGPA"), Western
Pennsylvania Pathology ("Western PA"), and T Gymnastics ("TNT").
a, SGPA was an entity contracted to provide pathological laboratory services at
Conernaugh Hospital and Windber Hospital.
Kocsis, 18-042
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b. Western PA is an entity which provided contracted patholotal services to
Windber Medical Center (now Chan Soon-Shiong Medical enter).
c. TNT was a local gymnasium that provided gymnastic training.
THE FOLLOWING INFORMATION PERTAINS TO THE DISCOVERY OF NON -SCHOOL
DISTRICT DOCUMENTS ON KOCSIS'SCHOOL DISTRICT -ISSUED LAPTOP.
12. Kocsis' last day of employment with the School District was November 4, 2016. He
returned his School District laptop on November 14, 2016.
13. At the Board's January 18, 2017, legislative meeting, the Board approved the
employment of Gary Zuchelli ("Zuchelli") as the School District Business Manager,
pending approval of Zuchelli's contract.
a. The Board ratified Zuchelli's contract as the School District Business
Manager during a special meeting held on January 25, 2017,
14. On his first official day of employment, Zuchelli was assigned the same School
District lanitop (Make: HP Proglook, Model Number: 4530F, Serial Number:
CNB202d'�C3) that had previously been assigned to Kocsis.
a. Upon Kocsis return%the laptop, the School District laptop was assigned to
Amanda Vresilovic (" resilovic'), Business Manager at AKIN Intermediate
Unit 28.
Vresilovic/ARIN Intermediate Unit 28 was contracted to provide
Business Manager services to the School District on a limited basis
from about November 2016 through February 2017.
15. Zuchelli searched through the School District Ipptop's hard drive for the School
District's financial statements to familiarize himself with the School District's
accounting practices.
a. Zuchelli found School District documents on the laptop's hard drive that
familiarized him with the School District's accounting practices.
b. Zuchelli also discovered non -School District documents during his search
including business tax returns, individual tax returns, bank statements,
balance sheets, etc.
16. Zuchelli printed and presented said documents, among other issues related to the
District's finances and Kocsis, to the Board during several executive sessions within
the first months of Zuchelli's employment with the School District.
17. The Board subsequently retained Schneider Downs to complete a forensic audit of
the School District laptop as a result of Zuchelli's presentation to the Board of non -
School District business documents found on the School District laptop.
a. Schneider Downs was retained on or about March 16, 2018.
b. As part of its audit, Schneider Downs conducted an assessment to recover
any deleted information to assist in identifying ossibly unauthorized activity
which Kocsis performed on the School Districflaptop,
C. Schneider Downs completed its audit of the School District laptop on or about
March 26, 2018.
Kocsis, 18-042
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d. Schneider Downs presented the results of its audit to the Board during an
executive session on or about March 27, 2018.
18. Schneider Downs' audit revealed the presence on the laptop of documents related
to School District business, as well as documents not related to School District
business.
a. Documents not related to School District business, as detailed further below,
included balance sheets, financial ledgers, business bank statements, cash
collections, credit card/purchasing registers, tax forms for businesses,
individual tax returns related to business principles, and individual tax forms.
b. Schneider Downs' analysis of file modification dates related to non -School
District business revealed that files were modified during business hours.
"Modified" means that any part of the file was edited.
THE FOLLOWING GENERAL INFORMATION PERTAINS TO NON -SCHOOL DISTRICT
CONSULTING SERVICES PROVIDED BY KOCSIS TO SGPA AND WESTERN PA.
19. Kocsis began providing consulting services to SGPA in or around 1999.
a. Kocsis was responsible for payroll, cash disbursements, and occasional cash
or check deposits.
20. Kocsis was compensated in the amount of $750.00 monthly for services provided to
SGPA.
a. Kocsis received additional com ensation for the completion of the annual tax
return in the amount of $6002.
b. Kocsis received compensation from SGPA totaling a minimum of $38,400.00
for services performed as a consultant for SGPA and Western PA,
C. Kocsis has reported this income on every yearly SFI that he has filed.
21. Kocsis maintained contact with representatives of SGPA via telephone and email.
THE FOLLOWING GENERAL INFORMATION PERTAINS TO NON -SCHOOL DISTRICT
CONSULTING SERVICES PROVIDED BY KOCSIS TO TNT GYMNASTICS.
22. Kocsis began providing consulting services to/for TNT in or about 2006.
a. Kocsis was responsible for the entity's payroll, quarterly reports, and yearly
tax preparation.
Although responsible for the tax preparation, TNT's annual tax return
was compiled and submitted to the Internal Revenue Service through
Wessel and Company.
23. Wessel and Company is an entity that provides accounting and advising related
services.
24. Kocsis was compensated in the amount of $595.00 annually by TNT for consulting
services provided.
a. Kocsis was compensated in the amount of $585.00 in 2014.
Kocsis 18-042
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b. Kocsis received compensation from TNT totaling a minimum of $2,370.00 for
services performed as a consultant from 2013 through 2016.
25. Kocsis maintained contact with representatives of Wessel & Company in association
with his responsibilities as a consultant for TNT via telephone and email at a
minimum.,
THE FOLLOWING INFORMATION PERTAINS TO SCANNED DOCUMENTS, EMAIL
TRANSMISSIONS, CREATION AND/OR MODIFICATION OF DOCUMENTS, AND
TELEPHONE CALLS INITIATED AND/OR RECEIVED BY KOCSIS IN RELATION TO
NON -SCHOOL DISTRICT BUSINESS.
26. The hard drive associated with Kocsis' School District I t contained
approximately 1,504 total scanned Portable Document Format (NOP) files.
a. Of these files, 1,401 were related to School District Business, while one -
hundred -three (103), spanning the date range of November 6, 2013, through
October 10, 2016, were unrelated to School District business.
lb. Kocsis scanned the one -hundred -three (h103) PDF files via use of a School
District all -in -one scanner/copier/fax machine (Make: Xerox, Model Number;
5945APT, Serial Number: A2M622927) housed in the School District
administrative offices.
Of these one -hundred -three (103) scanned PDF files, ninety-four (94)
were associated with services performed for SGPA and nine (9) were
associated with services performed for TNT.
2. Of these one -hundred -three (103) scanned PDF files, ninety-seven
(97) were subsequen I included as attachments to emails. sent by
KoCSiS to SGPA or TN?Ithrough Kocsis' School District email account.
27. In addition to scanned PDF files on Kocsis' School District laptop Kocsis' School
District email account (kocsis@b-ssd.org) contained four -hundred -sixty-two (462)
non -School District related email transmissions to representatives of SGPA,
Western PA, and TNT.
a. The emails spanned the 10+ years of Kocsis' overlapping employments,
amounting to approximately 40 emails per year.
b. Kocsis also received emails from SGPA, Western PA, and TNT business
representatives at his School District email account (kocsisCa)_b-ssd.oLg).
Kocsis' received emails could not be accessed or otherwise obtained
from the School District.
28. The hard drive associated with Kocsis' School District laptop contained
a Wproximately 1,651 files spanning the date range of December 30, 2009, through
c
ovember 6, 2017.
a. Of these files, 1,593 were related to School District business, and fifty-eight
(58) files (e.g..pdf, xis, and.xlsx) were unrelated to School District business.
b. Kocsis created a minimum of thirty-eight (66%) files on the School District
laptop from October 17, 2013, through November 4, 2016.
"Created" means the file was placed on the computer, and not that the
document itself was created or the content inputted on the computer.
■-j
C. The remainin twenty (20) files created on the School District laptop before
October 17, 21.%13, and/or after November 4, 2016, had last accessed or last
written dates falling within October 17, 2013, through November 4, 2016.
29. Kocsis also utilized his personal cellular telephone to initiate and/or receive calls
from his personal consulting clients during date range of October 23, 2013,
through November 2, 2016.
a. Kocsis initiated and/or received approximately two -hundred -sixty-one (261)
telephone calls to/from his ersonarconsulting clients from October 23, 2016,
through November 2, 20U
b. Of the minimum two -hundred -sixty-one (261) calls Kocsis initiated and/or
received, approximately 115 occurred during the hours of 9:00 a.m. to 5:00
M: (although some undetermined number of these occurred on non -
business weekend days).
30. Kocsis' use of School District equipment, resources, and time facilitated his ability to
receive compensation from SOFA and TNT.
31. On November 9, 2018, and March 29, 2019, Kocsis provided sworn statements to
State Ethics Commission investigators during which Kocsis affirmed the following:
a. Kocsis utilized the School District all -in -one scan ner/copier/fax machine to
scan documents to his School District laptop.
b. Kocsis accessed and/or modified non -School District documents and sent
non -School District email transmissions on the School District laptop.
C. Kocsis carried a personal portable flash drive to/from work that contained
personal and consulting services documents to have access to said
documents at the Schoo District.
cl. Kocsis' clients from his consulting services contacted his personal cellular
telephone in relation to non -School District business during regular School
District business hours.
THE FOLLOWING INFORMATION PERTAINS TO KOCSIS FAILING TO MAINTAIN A
CALENDAR YEAR 2016 STATEMENT OF FINANCIAL INTERESTS FILING WITH THE
SCHOOL DISTRICT AND FAILING TO PROPERLY DATE HIS 2013 CALENDAR YEAR
STATEMENT OF FINANCIAL INTERESTS FORM.
32. Statement of Financial Interests (also referred to herein as "SFI") forms are required
to be annually filed by all ["public officials" and "public employees" as the Ethics Act
defines those terms]...
a. The forms are required to be filed by no later than May 1 st of each year that
a public official/public employee holds public office/public employment.
b. The SFI form requires filers to report specified financial information pertaining
to the preceding calendar year.
C. Kocsis was required to file SFIs by May 1 st annually for each calendar year
in which he served as the Business Manager for the School District,
33. On October 15, 2018, an SFI Compliance Review was conducted for the School
District.
�Kocsis 18-042
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34. The Compliance Review discovered that the School District had maintained Kocsis'
early SFIs for every year except 2016; the School District had no 2016 SFI on file
or Kocsis.
a. On November 9 2018 Kocsis provided a calendar year 2016 SFI to the
Investigative Division �Aer having received the Notice of Investi ation by the
is -q
Pennsylvania State Ethics Commission dated October 17, 201-8.
Kocsis was never [previously] notified by the School District or the
State Ethics Commission that any SFI was missing or incomplete,
b. Kocsis provided his calendar year 2016 SFI filing to the Investigative Division
immediately prior to meeting with investigators from the Investigative
Division.
c. Kocsis explained that he had previously provided his 2016 SA to the School
District, and the investigation revealed no evidence to discredit his
explanation.
d, [The] calendar year 2016 SFI filing [submitted November 9,2018,] was found
to have no deficiencies.
35. The Compliance Review discovered that Kocsis's 2013 SFI was missing a date.
a. The SFI form clearly states to sign the form, enterthe current date, and to not
back date the form.
Page one, in park, contains wordage that is bold and CAPITALIZED
that states "SIGN THE FORM USING THE CURRENT DATE."
2. Page two, in part, contains bold and underlined wordage that states
"Please sign the form and enter the current ate."
& Page three states "Enter Current Date."
b. On Kocsis' SFI filing for calendar year 2013, the "Enter Current Date" was left
blank.
Kocsis was not [previously] notified by the School District or the State
Ethics Commission that any SFI was missing or incomplete.
As the Business Manager of Blairsville-Saltsburg School District ("School District")' Indiana Count, Pennsylvania, from June 6, 2005, to July 3, 2009, and most recently from
August 1, 200zto November 4, 2016, Respondent Eric Kocsis (also referred to herein as
"Respondent," "Respondent Kocsis " and "Kocsis")was a public official/ ublic employee
subject to the provisions of the Public Official and Employee Ethics Act FEthics Act"), 65
Pa. C.S. § 1101 et seeq.
The allewations are that Respondent Kocsis violated Sections 11 03(a), 11 04,a), and
11 05(a) of the thics Act, 65 Pa.C.S. 11 03(a), 11 04(a), and 11 05(a), when, through
the authority of his public position, he utilized School District equipment, resources, and
i time to engage n a private business enterprise, resulting in a pecuniary benefit, and when
he failed to maintain a calendar year 2016 Statement of Financial Interests ("SFI') filing with
the School District and failed to properly date his 2013 calendar year SFI.
Koesis, 18-042
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Per the Consent Agreement of the parties, the Investigative Division has exercised
its prosecutorial discretion to nol pros the allegationsregardingfailure to maintain a
calendar year 2016 SFI with the School District, upon the nol pros, we need not
address that portion of the allegations 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:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
I
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,amember
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
n the authority b office/employment
10 ment or confidential information received by
e petunia benefit of the public official/public
s t public
0 the
c
u u tbposition
u n h private s! for
f
ber o his immediate fam7iy, or a business with which he or a
I public
io family
is assoc t holding
Idin s a h ori y 0 such
P Iuf ic 0
employee g hi e an member f i i f
member 0 his
immediate a associated.
Section 1105(a) of the Ethics Act provides that the SFI shall be filed on the form
prescribed this Commission; that all information requested on the form shall be provided
to the best oYthe knowledge, information and belief of the filer; and that the form shall be
signed under oath or equivalent affirmation.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings
ngs are set forth above as the Findings of this
Comm'Ission, We shall now summarize the relevant facts as contained therein.
Respondent served as the School District Business Manager from June 6, 2005, to
July 3, 2009, and most recently from August 1, 2009, to November4,2016. The position of
School District Business Manager is a salaried year-round, Monday through Friday,
position. The School District Business Manager is expected to work at least eight (8) hours
per business day.
Kocsis, 18-042
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As the School District Business Manager, Respondent was assigned and/or had
access to various School District equipment and/or resources to assist in the performance
of his Job duties. Respondent was assigned a School District HP ProBook laptop
computer. Respondent maintained a School District printer in his School District office,
Respondent had access to an all -in -one scanner/copier/fax machine located in the
employee break/lunchroom, Respondent was assigned a School District email address for
communication and performance of School District business. School District policies
permitted "incidental personal use" of network resources but prohibited use for commercial,
Tor -profit, or business purposes.
In a private capacity, Respondent is a Certified Public Accountant. From
approximately 1999 until approximately 2017, Respondent provided accounting -related
consulting services to non -School District entities including S. Goldblaft Pathology
Associates ("SGPA),, Western Pennsylvania Pathology ("Western PA"), and TNT
Gymnastics ("TNT").
Respondent began providing consultin? services to SGPA in or around 1999.
Respondent was compensated in the amour $750.00 monthly for services provided to
SGPA. Respondent received additional compensation in the amour .00 for the
completion of the annual tax return. Respondent received compensation from SGPA
totaling a minimum of $38,400.00 for services performed as a consultant for SGPA and
Western PA.
Respondent began providing consulting servicesto/for TNT in or about 2006.
Respondent received compensation from TNT totaling a minimum of $2,370.00 for services
performed as a consultant from 2013 through 2016.
Respondent's last day of employment with the School District was November 4,
2016. Respondent returned his School District laptop on November 14, 2016. Thereafter,
it was discovered that non -School District documents were on the laptop that had been
assigned to Respondent.
The School District School Board subsequentl retained Schneider Downs to
complete a forensic audit of the School District lap�op that had been assigned to
Respondent. Schneider Downs' audit, completed on or about March 26, 2018, revealed
the presence on the laptop of documents not related to School District business, which
documents included balance sheets, financial ledgers, business bank statements, cash
collections, credit card/purchasing registers, tax forms for businesses, individual tax returns
related to business principles, and individual tax forms. Schneider Downs' analysis
revealed that files related to non -School District business were modified/edited during
School District business hours.
The hard drive associated with the School District laptop that had been assigned to
Respondent contained 103 scanned Portable Document Format
("PDF") files spanning the
date range of November 6, 2013, through October 10, 2016 which were unrelated to
School District business. Respondent scanned these 103 PDP files via use of a School
District all -in -one scanner/copier/fax machine housed in the School District administrative
offices. Of these 103 scanned PDF files, 94 were associated with services performed for
SGPA and nine were associated with services performed for TNT. Of these 103 scanned
PDF files, 97 were subsequently included as attachments to emails sent by Respondent to
SGPA or TNT through Respondent's School District email account.
Respondent's School District email account contained 462 non -School District
related email transmissions to representatives of SGPA, Western PA, and TNT. The
emails spanned the 10+ years of Respondent's employment periods, amounting to
approximately emails per year. Respondent also received emails from SGPA, Western
PA, and TNT business representatives at his School District email account. Res ondent's
received emails could not be accessed or otherwise obtained from the School gistrict.
Kocs1s, 18-042
Fgg&-1 I
The hard drive associated with Respondent's School District laptopcontained
approximate) 58 files spanning the date range of December 30, 2009, through November
6 2017, whichwere unrelated to School District business. Respondent laced a minimum
R38 of these files on the School District laptop from October 17, 2013, through November
4,2016. The remaining 20 files had last accessed or last written dates falling within the
time period of October 9 7, 2013, through November 4, 2016.
During the date range of October 23, 2013, through November 2, 2016, Respondent
used his personal cellular telephone to initiate and/or receive approximately 115 calls with
his personal consulting clients during the hours of 9:00 a.m. to 5:00 p.m. However, it was
not determined how many of these calls occurred on non -business weekend days.
On November 9,2018, and March 29, 2019, Respondent provided sworn statements
to State Ethics Commission investigators during which Respondent affirmed the following.
Respondent utilized the School District's all -in -one scanner/copier/fax machine to scan
documents to his School District laptop. Respondent accessed and/or modified non -School
District documents and sent non -School District email transmissions on the School District
laptop. Respondent carried a personal portable flash drive to/from work that contained
personal and consulting services documents to have access to said documents at the
School District. Respondent's clients from his consulting services contacted his personal
cellular telephone in relation to non -School District business during regular School District
business hours.
The parties have stipulated that Respondent's use of School District equipment,
resources, and time facilitated his ability to receive compensation from SGPA and TNT.
Additionally, Respondent failed to date his SFI for calendar year 2013.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties" Consent Agreement sets forth a proposed resolution of the allegations
as follows:
3. The Investigative Division will recommend the following in
relation to the above allegations:
That a violation of Section 11 03(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
11 a occurred when Kocsis utilized Blairsville-
Saltsburg School District equipment, resources,
and time to facilitate the completion of private
consulting work resulting in a private pecuniary
benefit.
That a technical violation of Section 11 05(a) of
the Public Official and Employee Ethics Act, 65
Pa.C.S. § 11 05(a) occurred when Kocsis failed
to properly date his 2013 calendar year
Statement of Financial Interests.
The Investigative Division has elected to nolle
pros the remaining allegations regarding Kocsis's
failure to file a 2016 calendar year Statement of
Financial Interests.
�Kocsis, 18-042
la -gel 2
4. Kocsis agrees to make payment in the amount of $750.00 in
settlement of this matter payable to the Blairsville-Saltsburg
School District and forwarded to the Pennsylvania State Ethics
Commission within thirty (30) days of the issuance of the final
adjudication in this matter.
5. The Investigative Division acknowledges that Kocsis has filed
complete and accurate Statements of Financial Interests with
the Blairsville-Saltsburg School District, through the
Pennsylvania State Ethics Commission, for calendar years
2013 (amended) and 2016.
6. Kocsis agrees to not accept any reimbursement, compensation
or other payment from the Blairsville-Saltsbury School District
representing a full or partial reimbursement of he amount paid
in settlement of this matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other
authority to take action in this matter. Such, however, does not
prohibit the Commission from initiating apropriate
enforcement actions in the event of Respon( 1 failure to
comply with this agreement or the Commission's order or
cooperating with any other authority who may so choose to
review this matter further.
Consent Agreement, at 1-2.
We accept the parties' recommendation for a finding that a violation of Section
11 03(a) of the Ethics Act, 65 Pa.C.S. § 11 03(a), occurred when Respondent Kocsis utilized
School District equipment, resources, and time to facilitate the completion of private
consulting work resulting in a private pecuniary benefit.
Respondent used the authority of his public position with the School District when he
used School District equi ment, resources, and for private business purposes.
Respondent has acknowledged: (1) that he utilized the School District's all -in -one
scan ner/copier/fax machine to scan documents to his School District laptop; (2) that he
accessed and/or modified non -School District documents and sent non -School District
email transmissions on the School District laptop; (3) that he carried a personal portable
flash drive to/from work that contained personal and consulting services documents to have
access to said documents at the School District, and (4) that his private clients contacted
his personal cellular telephone in relation to non -School District business during regular
School District business =rs.
The parties have stipulated that Respondent's use of School District equipment,
resources, and time facilitated his ability to receive compensation from his private
consulting clients SGPA and TNT. Based upon the Stipulation of Findings and Consent
Agreement, the parties are in agreement that the resulting private pecuniary benefit to
Respondent was not de minimis.
Based upon the above, we hold that a violation of Section 11 03(a) of the Ethics Act,
65 Pa.C.S, § 1103(a) occurred when Respondent Kocsis utilized School District
equi� gent, resources, and time to facilitate the completion of private consulting work
resulting in a private pecuniary benefit.
We agree with the parties, and we hold, that a technical violation of Section 1105(a)
of the Ethics Act, 65 Pa.C.S. § 1105(a), occurred when Respondent Kocsis failed to
Kocsis 18-042
Ta—g-e-13
Respondent
date his 2013 calendar year SFL The Investigative Division acknowledges that
has now filed complete and accurate SFIs with the School District, through this
Commission, for calendar years 2013 (amended) and 2016.
As part of the Consent Agreement, Respondent has agreed to make payment in the
amount of $750.00 payable to the Blairsville-Saltsbury School District and forwarded to this
Commission within thirty (30) days of the issuance o the final adjudication in this matter.
Respondent has agreed to not accept an reimbursement, compensation or other
payment from the School gistriGt representing a any
or partial reimbursement of the amount
paid in settlement of this matter.
We determine that the Consent Agreement submitted by the parties sets forth a
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances,
Accordingly, per the Consent Agreement of the parties,
Respondent Kocsis is
directed to make payment in the amount of $750.00 payable to the Blairsville-Saltsburg
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 Respondent Kocsis is directed to not
accept any reimbursement, compensation or other payment from the School District
representing a full or partial reimbursement of the amount paid in settlement of this matter.
Compliance with the forming will result in the closing of this case with no further
action by s Commission. Noncompliance will result in the institution of an order
enforcement action.
IV. CONCLUSIONS OF LAW:
1. As the Business Manager of Blairsville-Saltsburg School District ("School District"
Indiana County, Pennsylvania, from June 6, 2005, to July 3,2009, and most recently
l
from August 1, 2009, to November 4, 2016, Respondent Eric Kocsis ("Kocsis") was
a public official/public employee subiect to the provisions of the Public Official and
Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et Leg.
2. Kocsis violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he
utilized School District equipment, resources, and time to facilitate the completion of
private consulting work resulting in a private pecuniary benefit.
3. A technical violation of Section 1105(a) of the Ethics Act, 65 Pa.C.S. § 1105(a),
occurred when Kocsis failed to properly date his 2013 calendar year Statement of
Financial Interests.
In Re: Eric Kocsis, File Docket: 18-042
Respondent Date Decided: 9/25/19
Date Mailed: 10/9/19
1. Eric Kocsis ("Kocsis"), a public official/public employee in his capacity as the
Business Manager of Blairsville-Saltsburg School District ("School District' Indiana
County, Pennsylvania, violated Section 1103(a) of the Public Official an �mployee
Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), when he utilized School District
equipment, resources, and time to facilitate the completion of private consulting
work resulting in a private pecuniary benefit.
Z A technical violation of Section 1105(a) of the Ethics Act, 65 Pa.C,S. § 1105(a),
occurred when Kocsis failed to properly date his 2013 calendar year Statement of
Financial Interests.
3. Per the Consent Agreement of the parties, Kocsis is directed to make navment in
the amount of $760.00 payable to the Blairsville-Saltsburg 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.
4. Per the Consent Agreement of the parties, Kocsis is directed to not accept any
reimbursement compensation or other payment from the School District
representing a Full or partial reimbursement of the amount paid in settlement of this
matter.
5. Compliance with paragraphs 3 and 4 of this Order will result in the closing of this
case with no further action by this Commission.
a. Noncompliance will result in the institution of an order enforcement action.
BY THE COMMISSION,