HomeMy WebLinkAbout860 CaljeanSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 171E0
In re: Robert J. Caljean : File Docket: 89 -036 -C
Date Decided: September 15, 199;?
Date Mailed: Octolper 1, 199;
Before: James M. Howley, Chair
Daneen E. Reese, Vice Chair
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
The State Ethics Commission received a complaint regarding a
possible violation of the State Ethics Act, No. 170 of 1978, P.L.
883. Written notice, of the specific allegation(s) was served at
the commencement of the investigation. .. A Findings Report was
issued and served, upon completion of the investigation, which
constituted the Complaint by the Investigation Division. An Answer
was not filed and a hearing was waived. A Consent Order was
submitted by the parties to the Commission for consideration which
was subsequently approved. This adjudication of the Commission is
hereby issued which sets forth the individual Allegations, Findings
of Fact, Discussion, Conclusions of Law and Order.
This adjudication is final and will be made available as a
public document fifteen days after issuance. However,
reconsideration may be requested which will defer public release of
this adjudication pending action on the request by the Commission.
A request for reconsideration, however, does not affect the
finality of this adjudication. A reconsideration request must be
received at this Commission within fifteen days of issuance and
must include a detailed explanation of the reasons as to why
reconsideration should be granted in conformity with 51 Pa. Code
§2.38.
The files in this case will remain confidential in accordance
with Section 8(a) of Act 170 of 1978 during the fifteen day period
and no one unless the right to challenge this Order is waived, may
violate confidentiality by releasing, discussing or circulating
this Order. However, confidentiality does not preclude discussing
this case with an attorney at law.
Any person who violates confidentiality of the Ethics Act is
guilty of a misdemeanor subject to a fine of not more than $1,000
or imprisonment for not more than one year, 65 P.S. S409(e).
Caliean 89 -036 -C
Page 2
I. ALLEGATION:
That Robert J. Caljean, a member of the Valley View School
District, Lackawanna County, violated the following provisions of
the State Ethics Act (Act 170 of 1978), when he participated in
decisions to award roofing contracts to a firm with which he is
associated; and when he failed to list his association with the
firm on Statements of Financial Interests filed in 1985, 1986,
1987, 1988 and 1989:
Section 3. Restricted Activities.
(a) No public official or public employee
shall use his public office or any
confidential information received through his
holding public office to obtain financial gain
other than compensation provided by law for
himself, a member of his immediate family, or
a business with which he is associated.
(c) No public official or public employee
or a member of his immediate family or any
business in which the person or a member of
the person's immediate family is a director,
officer, owner or holder of stock exceeding 5%
of the equity at fair market value of the
business shall enter into any contract valued
at $500 or more with a governmental body
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. Any contract made in violation of
this subsection shall be voidable by a court
of competent jurisdiction if the suit is
commenced within 90 days of making of the
contract.
Section 5. Statement of financial interests.
(b) The statement shall include the
following information for the prior calendar
year with regard to the person required to
file the statement and the members of his
immediate family:
(8) Any office, directorship, or
employment of any nature whatsoever in
any business entity.
(9) Any financial interest in any legal
Caliean, 89 -036 -C
Page 3
entity engaged in business for profit.
65 P.S. S5403(a), 403(c), 405(b)(8), (b)(9).
II. FINDINGS:
1. Robert J. Caljean served as a member of the Valley View School
Board from 1975 to December of 1989.
2. Francis Reno was the owner of Renco Roofing Company/Renco
Specialists which he started in the late 1970's.
a .
b.
c .
d.
e .
Renco did business from Reno's residence at 184 Spruce
Street, Archbald, PA 18403.
Renco's telephone number was 717 - 876 -1331.
Renco's primary business involved the sale of roofing
materials to residential customers and occasionally
installing the material when requested by the homeowners.
Renco Roofing was not an incorporated entity.
Neither Renco Roofing or Renco Specialists filed tax
returns under said names.
3. In 1982 Francis Reno entered into business, in a roofing
company, with Bernard Stafursky and David Stafursky.
a. The company traded under the names Stafursky /Reno Roofing
Company and Tri- County Roofing Company.
b. The new roofing company was the successor to the prior
roofing business in which Reno was involved, Renco
Roofing /Renco Specialists.
c. Although the company used the name of Tri- County Roofing,
it was primarily known as Stafursky /Reno Roofing.
4. When it was first initiated, Stafursky /Reno Roofing was
employed by the Valley View School District to perform repair
work on some of the district buildings.
a. This work was minimal. (See Finding No. 7(a)(b); 38).
5. In February 1984 Robert Caljean in partnership with Francis
Reno, purchased Stafursky Reno Roofing Company /Tri- County
Roofing Company.
a. The business was moved to a building owned by Caljean at
446 Main Street, Archbald, PA 18403.
C$liean, 89 -036 -C
Page 4
b. The company's telephone number is 717- 876 -5535.
c. Caljean assisted in securing start up capital for this
acquisition.
d. The funds ($50,000) were obtained from the National Bank
of Jermyn as a loan in the names of Robert J. and E.
Caljean, Francis and Eileen Reno.
e. This loan was paid off by Tri- County Roofing on October
16, 1986.
f. This business was the successor to the prior roofing
businesses.
6. Under the name of Renco Roofing /Renco Specialists, services
were rendered to the Valley View School District during the
years 1982 -1988.
7. The Valley View School District made payments to Renco Roofing
during the years 1982 -1988 for services ostensibly performed
by an entity using that name. The total amount of payments
were as follows:
a. Renco was paid $2,462.00 for its work for the District in
1982. This was the work done by Stafursky /Reno and was
prior to Robert Caljean's interest in the company.
Payment was made as follows:
Date Amount Check No.
09/21/82 $2,360.00 1732
12/21/82 102.00 2316
b. Renco was paid $2,438.00 for its work for the District in
1983. This was the work done by Stafursky /Reno and was
prior to Robert Caljean's interest in the company.
Payment was made as follows:
Date Amount Check No.
03/12/83 $ 484.50 2563
06/09/83 2,810.00 2810
11/22/83 1,400.00 3462*
12/20/83 372.00 3576*
c. Renco was paid $23,029.50 for its work for the District
in 1984. This work was performed by the company that
succeeded Stafursky /Reno and in which Robert Caljean had
a financial interest. Payment was made as follows:
Ca1iean, 89 -036 -C
Page 5
Date A:gount Cheek flo .
05/22/84 $ 1,085.00 4125*
09/18/84 20,947.00 4590*
11/07/84 997.50 4726*
d. Renco was paid $10,385.00 for its work for the District
in 1985. This work was performed by the Company that
succeeded Stafursky /Reno and in which Robert Caljean had
a financial interest. Payment was made as follows:
e. Renco was paid $46,300.00 for its work for the District
in 1986. This work was performed by the company that
succeeded Stafursky /Reno and in which Robert Caljean had
a financial interest. Payment was made as follows:
Date Amount Check No.
06/20/86 $19,300.00 7121
06/14/86 940.00 7207
06/25/86 13,500.00 7240
06/14/86 10,400.00 7262
06/24/86 2,160.00 7278
f. Renco was paid $27,125.00 for its work performed for the
District in 1987. This work was performed by the Company
that succeeded Stafursky /Reno and in which Robert Caljean
had a financial interest. Payment was made as follows:
Date Amount Check No.
05/19/87 $1,320.00 8597
07/23/87 3,500.00 44
08/25/87 11,700.00 137
10/21/87 8,800.00 521
12/15/87 1,805.00 824
Renco was paid $2,250.00 for its work for the District in
1988. This work was performed by the company that
succeeded Stafursky /Reno and in which Robert Caljean had
a financial interest. Payment was made as follows:
g.
Date Amount Check No.
10/22/85 $10,385.00 6183*
*NOTE: Robert Caljean signed these checks as President
or Member of the Valley View School District Board of
Directors.
Caljean, 89 -036 -C
Page 6
Date
Amount Check No.
01/19/88 $2,250.00 938
8. Although after 1982 Renco Roofing no longer existed as a
separate entity, the contacts for the Valley View School
District projects were bid under that name.
9. Although the proposals to do work for the Valley View School
District were submitted under the name of Renco Roofing, the
actual entity that did the work and received payment therefor
was Tri- County Roofing.
a. Robert Caljean was a principal owner of this business.
b. Robert Caljean has signature authority for Tri - County
Roofing Bank accounts.
10. Telephone number 876 -5535 was listed on the proposals
submitted to the Valley View School District by Renco Roofing
Company in 1984'and 1986.
a. This was the number for Tri- County Roofing.
11. Records of Tri County Roofing include sketches of the roof
layouts for three Valley View School District projects: The
Lincoln School, the Junior - Senior High School and the high
school. All three sketches were completed on a form titled
"Tri- County Roof Survey," "Tri- County Roofing, Archbald, PA."
12. The General Liability Insurance Policy, Erie Insurance Company
number 291600384, submitted by Renco as a required on its bids
was actually a policy covering Tri- County Roofing Company.
13. The list of ten (10) references listed on the bids submitted
by Renco to the Valley View School District were former
customers of Tri- County Roofing Company.
14. Renco Roofing was never incorporated in the State of
Pennsylvania and was never registered as a fictitious name.
15. The employees that worked on the Valley View School District
jobs were actually employees of Tri- County Roofing Company and
were paid through Tri-County's payroll with taxes withheld
through that company.
a. The salaries for the employees who worked on the Valley
View School District Projects were paid from a bank
account in the name of Tri- County Roofing.
16. The trucks and equipment used by Renco on the Valley View
Caliean, 89 -036 -C
Page 7
School District jobs belonged to Tri- County Roofing Company.
a. There are no vehicles titled to Renco Roofing.
17. Records of Tri - County Roofing, the Valley View School
District, and the First National Bank of Jermyn, indicate that
the funds that were used to provide bid -bonds on proposals
that were submitted by Frank Reno to perform work for the
school district came from the bank account of Tri - County
Roofing.
a. In July 1984 Frank Reno submitted a proposal to conduct
work on the Valley View School District Elementary
Center.
(3)
Accompanying the proposal was a bid bond in the
amount of $472.50.
This bid bond was in the form of a money order,
(No. 059160) dated July 23, 1984 and had been
purchased from the First National Bank of Jermyn.
Records of the First National Bank of Jermyn for
the Tri- County Roofing bank account that was
maintained at that institution indicated that the
bank paid $472.50 from the account on July 25,
1984.
(4) These funds were used to purchase the money order
that was submitted to the school district.
b. In August 1984 Frank Reno submitted a proposal to conduct
work on the Valley View School District Junior- Senior
High School.
(1) Accompanying this proposal was a bid bond in the
amount of $525.00.
(2) This bid bond was in the form of a money order
dated August 20, 1984.
Records of the First National Bank of Jermyn for
the Tri- County Roofing bank account that was
maintained at that institution indicate that the
bank paid $525 on August 22, 1984 from the account.
(4) These funds were used to purchase the money order
that was submitted to the school district.
c. In April 1986 Frank Reno submitted a proposal to conduct
work on the Valley View School District Elementary Center.
Caliean, 89 -036 -C
Page 8
(1) Accompanying this proposal was a bid -bond in the
amount of $2,160.
(2) This bid bond was in the form of a money order (N.
060797) dated April 21, 1986 and had been purchased
from the First National Bank of Jermyn.
(3) Records of Tri - County Roofing and the First
National Bank of Jermyn indicate that on April 21,
1986 a check (No. 2181) in the amount of $2,160 was
made payable to F. Reno from the Tri- County Roofing
account at the bank.
(4) These funds were then used to purchase the money
order that was used for the bid -bond.
(5) On September 18, 1986 a deposit of $6,160 was made
into the Tri- County Roofing account.
(6) Records of Tri- County Roofing in relation to this
deposit indicate that $2,160 of this deposit was a
return of the Renco Bid Bond.
d. In August 1985 Frank Reno submitted a proposal to perform
work on the Valley View School District Elementary
Center.
(1) Accompanying this proposal was a bid -bond in the
amount of $450.
(2) This bid -bond was in the form of a money order (No.
060230) dated August 19, 1985, and had been
purchased from the First National Bank of Jermyn.
(3) Records of the bank account for Tri- County Roofing
at the First National Bank of Jermyn indicate that
a check (No. 1821) in the amount of $451.00 was
written to the Valley View School District. The
notation in the Tri- County records for this check
indicates "For Bid Bond."
(4) On September 4, 1986 the bid -bond was returned and
deposited into the Tri- County Roofing account at
the bank.
18. There was never a listing for Renco Roofing company in the
telephone directories.
19. Better Business records prepared by Francis Reno in 1985 list
Renco Roofing Company as another name for Tri - County Roofing
Company.
caliean, 89 - 036 -
Page 9
20. Minutes of the Valley View School District Board of Directors
meetings indicate the following in relation to actions taken
by Robert Caljean regarding the awarding of roofing contracts
to the entity using the name Renco Roofing and the payment of
bills for said services:
a. Regular School Board Meeting - May 21, 1984
Robert Caljean, President, called the meeting to order.
The list of Accounts Payable contained a payment (Check
No. 4125) to Renco in the amount of $1,085.00. The
minutes indicate that Caljean .. was one of the Board
members who voted to approve the Accounts Payable list.
b. Special Board Meeting - July 30, 1984
Robert Caljean, President, called the meeting to order.
The minutes indicate that Board Member Vitiello made the
motion, seconded by Board Member Klach, to award the bid
for the repair of the Elementary Center roof to Renco of
184 Spruce' Street, Archbald, PA, for $9,450.00. The
minutes also indicate that Caljean was one of the Board
Members who voted in favor of the motion.
c. Regular School Board Meeting - August 20, 1984
Robert Caljean, President, called the meeting to order.
The minutes indicate that Board Member Vitiello made the
motion, seconded by Board Member Kolcharno, to award the
bid for the repair of the Junior Senior High School roof
to Renco Flat Roof Specialists, for $10,500.00. The
minutes also indicate Caljean was one of the Board
Members who voted in favor of the motion.
d. Regular School Board Meeting - September 17, 1984
Robert Caljean, President, called the meeting to order.
The Treasurer's Report contained an expenditure (Check
No. 4590) of $20,947.00 payable to Renco. The minutes
indicate that Board Member Buckshon made the motion,
seconded by Board Member Kostage, to approve the
Treasurer's Report. The minutes also indicate that
Caljean was one of the Board Members who voted in favor
of the motion. (Note: See Finding No. 37) regarding the
disposition of these funds.)
e. Regular School Board Meeting - August 20, 1985
Robert Caljean, President, called the meeting to order.
The minutes indicate Board Member Kalowsky made a motion,
seconded by Board Member Kolcharno, to award the bid for
C.1,ie4n, 89 -036 -C
Page 10
the repair of elementary roof to Renco Roofing in the
amount of $9,000. The minutes also indicate Caljean was
one of the Board Members who voted in favor of the
motion.
f. Regular School Board Meeting - November 18, 1985
Robert Caljean, President, called the meeting to order.
The Treasurer's Report contained an expenditure (Check
No. 6183) of $10,385.00 payable to Renco. The minutes
indicate Board Member Kolcharno made the motion, seconded
by Board Member Kostage, to approve the Treasurer's
Report. The minutes also indicate that Caljean was one
of the Board Members who voted in favor of the motion.
g -
Regular School Board Meeting - April 21, 1986
The minutes contained a motion by Board Member Dougher,
seconded by Board Member Kostage, to award the bid for
the repair of the Elementary Center roof to Renco Roofing
in the amount of $43,200.00. The minutes also indicate
that Caljean was one of the Board Members who voted in
favor of the motion.
h. Regular School Board Meeting - June 23, 1986
The Treasurer's Report contained an expenditure of
$19,300.00 (Check No. 7121) payable to Renco. The
minutes indicate Board Member Vitiello made a motion,
seconded by Board Member Dougher, to approve the
Treasurer's Report. The minutes also indicate that
Caljean was one of the Board Members who voted in favor
of the motion. (Note: See Finding No. 29 regarding the
disposition of Check No. 7121.)
i. Regular School Board Meeting - August 18, 1986
The Expenditures Report shows payments
(Check No. 7240) and $10,400.00 (Check
Renco. The minutes indicate Board Member
motion, seconded by Board Member Kostage,
Treasurer's Report. The minutes also
Caljean was one of the Board Members who
of the motion. (Note: See Finding 24
disposition of Check No. 7262.)
of $13,500.00
No. 7262) to
Dougher made a
to approve the
indicate that
voted in favor
regarding the
j. Regular School Board Meeting - June 22, 1987
The minutes indicate Board Member Dougher made a motion,
seconded by Board Member Kostage, to authorize the
Maintenance Director and the Superintendent to review a
Caljtun, 89 -036 -C
Page 11
bid from Renco Roofing for the repair of the Elementary
Center roof and approve up to $20,500.00 in work. The
minutes also indicate Caljean was one of the Board
Members who voted in favor of the motion.
k. Regular School Board Meeting - September 21, 1987
The Treasurer's Report shows an expenditure of $11,700.00
(Check No. 137) payable to Renco. The minutes indicate
Board Member Vitiello made a motion, seconded by Board
Member Buckshon, to approve the Treasurer's Report. The
minutes also indicate Caljean was one of the Board
Members who voted in favor of the motion. (Note: See
Finding 30 regarding the disposition of Check No. 137.)
1. Regular School Board Meeting - November 23, 1987
The Treasurer's Report shows an expenditure of $8,800.00
(Check No. 521) payable to Renco. The minutes indicate
Board Member Vitiello made a motion, seconded by Board
Member Buckshon, to approve the Treasurer's Report. The
minutes also indicate Caljean was one of the Board
Members who voted in favor of the motion. (Note: See
Finding No. 31 regarding the disposition of Check No.
521.)
m. Regular School Board Meeting - February 22, 1988
The Treasurer's Report shows an expenditure of $2,250.00
payable to Renco. The minutes indicate Board Member
Dougher made a motion, seconded by. Board Member Cholish,
to approve the Treasurer's Report. The minutes also
indicate Caljean was one of the Board Members who voted
in favor of the motion.
21. Tri- County Roofing Company, 446 Main Street, Archbald, PA,
purchased roofing supplies from and maintained a line of
credit with ABC Roofing Supply Company, 157 Welles Street,
Forty Fort, PA.
22. ABC's records indicate Tri- County Roofing made a payment of
$5,245.14 on May 28, 1986, which brought its balance owed to
0.
23. ABC's invoices indicate the following purchases were then made
by Tri- County Roofing Company:
a. Invoice #23639 dated 6 -3 -86 totalling $2,307.62, showing
the material was sold to and shipped to Tri- County
Roofing Company, 446 Main Street, Archbald, PA. The
invoice contains customer's signature "Frank Reno."
Caliean, 89 -036 -C
Page 12
g.
b. Invoice #23704 dated 6 -4 -86, totalling $155.61, showing
the material was .sold to and shipped to Tri- County
Roofing Company.
c. Invoice #23528 dated 6-5-86, totalling $1,082.31, showing
the material was sold to Tri - County Roofing Company with
a customer's signature "Frank Reno."
d. Invoice #23760 dated 6 -5 -86, totalling $3,179.36, showing
the material was sold to Tri - County Roofing Company with
a customer's signature "Bernie Zipay."
e. Invoice #23839 dated 6 -9 -86, totalling $148.40, showing
the material was sold to and shipped to Tri - County
Roofing company.
f. Invoice #23951 dated 6- 12 -86, totalling $2,990.89,
showing the material was sold to Tri - County Roofing
Company and shipped to Harrington and Sons, 421 Poplar
Street, Scranton, PA.
Invoice #24130 dated 6- 10 -86, totalling $1,450.93,
showing the material was sold to Tri- County Roofing
Company with a customer's signature "Bernie Zipay."
h. Invoice #24249 dated 6- 23 -86, totalling $683.70, showing
the material was sold to Tri- County Roofing Company.
i. Invoice #24297 dated 6- 24 -86, totalling $1,242.47,
showing the material was sold to Tri - County Roofing
Company and shipped to the Valley View Elem. School,
Peckville, PA. -
Invoice #24569 dated 7 -3 -86, totalling $262.73, showing
the material was sold to Tri- County Roofing Company and
shipped to the corner of Ash and Prescott Streets, Hill
Section, Dunmore, PA.
k. Invoice 931, dated 6 -9 -86; invoice 935, dated 6- 12 -86;
and invoice 24130, dated 6- 10 -86, contained credits
totalling $598.75.
Tri- County's purchases during this period totalled
$12,905.22.
24. On July 20, 1986 ABC received a payment from Tri- County
Roofing.
a. The payment was made in the form of a Valley View School
District check #7262 dated July 14, 1986 in the amount of
$10,400.00 payable to Renco and endorsed "Renco."
C4j.iean, 89 -036 -C
Page 13
b. The account had a $222.51 credit deducted from the bill.
c. The payment totalled $10,622.51 which was applied to the
$12,905.22 bill, leaving a balance of $2,282.71.
d. All of the materials paid for with the Valley View School
district check were purchased in the name of Tri- County
Roofing.
25. The materials listed on invoices 23639, 23760, 23839, 24130
and 24297 contain material that could have been used on the
same job site.
a. Invoices 23528, 23951 and 24569 list different types of
materials which don't appear to be similar to the
materials listed on invoices for the Valley View
Elementary School.
b. Invoice #24249 lists materials that could be used on any
job site.
26. Tri- County Roofing Company in Archbald, PA also purchases
materials from Allied Supply Company, Blandon, PA.
27. Renco Roofing Company, Archbald, PA, was never a customer of
Allied Supply company.
28. Allied Supply company's invoices indicate the following
purchases were made by Tri - County Roofing Company:
a. Invoice #31 dated 5 -8 -86, totalling $1,939.80,
showing the material was sold to and shipped to Tri -
County Roofing, 446 Main Street, Archbald, PA.
b. Invoice 314994. dated 5- 21 -86, totalling $2,705.54,
showing the material was sold to Tri - County Roofing and
shipped to Valley View School District, Betty Street,
Eynon, PA.
c. Invoice #315007 dated 5- 22 -86, totalling $5,992.07,
showing the material was sold to Tri - County Roofing and
shipped to Elk View County Club, Crystal Lake, Dundaff,
PA.
d. Invoice #315008 dated 5- 22 -86, totalling $11,299.60,
showing the material was sold to and shipped to Tri -
County Roofing Company.
e. Invoice #319068 dated 5- 18 -87, totalling $10,684.60,
showing the material was sold to Tri- County Roofing and
shipped to Crystal Soda, Poplar Street, Scranton, PA.
Cal.iean, 89 -036 -C
Page 14
f. Invoice #319334 dated 6 -5 -87, totalling $10,748.40,
showing the material was sold to Tri- County Roofing and
shipped to Peter -Paul Church, Valley View.
g. Invoice #319640 dated 6- 23 -87, totalling $2,567.85,
showing the material was sold to Tri- County Roofing and
shipped to Peter and Paul Church, Washburn and Fillmore,
West Scranton, PA.
h. Invoice #319850 dated 7 -6 -87, totalling $890.00, showing
the material was sold to Tri- County Roofing and shipped
to St. Peter and Paul Church, Washburn and Fillmore,
Scranton, PA.
i. Invoice #320029 dated 7- 15 -87, totalling $1,868.67,
showing the material was sold to and shipped to Tri -
County Roofing.
Invoice #320149 dated 7- 23 -87, totalling $7,142.28,
showing the material was sold to Tri- County Roofing and
shipped to Valley View School District, Main Street,
Peckville, PA.
j
29. On June 23, 1986 Allied Supply Company received a payment from
Tri - County Roofing Company.
a. The payment was made in the form of a check from the
Valley View School District, #7121, dated June 20, 1986,
in the amount of $19,300.00 made payable to Renco and
endorsed "Renco."
b. The check was applied as total payment for invoices
314805, 314994, 315007 and a partial payment of $8,662.59
from the total of $11,299.60 due on invoice 315008.
30. On August 31, 1987 Allied Supply Company received a payment
from Tri- County Roofing Company.
a. The payment was made in the form of a check from the
Valley View School District #137 dated August 25, 1987 in
the amount of $11,700.00 made payable to Renco and
endorsed "Renco."
b. The check was applied as a partial payment of $1,842.62
towards the total of $10,684.80 owed on invoice 319068;
as a partial payment of $9,857.38 towards the total of
$10,748.40 owed on invoice 319334.
31. On October 26, 1987 Allied Supply Company received a payment
from Tri- County Roofing Company.
Caliean, 89 -036 -C
Page 15
a. The payment was made in the form of a check from the
Valley View School District #581 dated October 21, 1987
in the amount of $8,800.00 made payable to Renco and
endorsed "Renco."
b. The check was applied as a partial payment of $2,325.26
towards the total of $2,567.85 owed on invoice 319640; as
partial payment of $3,715.67 towards the total of
$7,142.28 owed on invoice 320149; and as full payment of
invoices 319850 and 320029.
32. Records on file in Allied Supply Company's Credit Department
indicate Tri- County Roofing Company, 502 Main Street,
Archbald, PA, first applied for credit on May 12, 1982 listing
the owners as Francis Reno and David Stafursky.
a. A change of address card signed by Francis Reno on
February 13, 1984 lists a new address for Tri- County
Roofing Company as 446 Main Street.
b. A credit application dated March 9, 1984 lists the
company's officers as Francis Reno, President, and Robert
Caljean, Secretary /Treasurer.
33. A portion of the funds that were paid by the Valley View
School District for services ostensibly performed by Renco
Roofing were used to pay the debts of Tri- County Roofing, Inc.
a. These debts included amounts owed for material that had
been purchased for Valley View School District projects
as well as amounts owed for materials that had been
purchased for other customers of Tri - County.
34. Valley View School District funds were used to pay for
material purchased by Tri- county Roofing for customers of the
company that were not part of the services performed for the
school district as follows:
a. Purchases from ABC Supply Company:
1. Invoice #23951, dated 6/21/86, totaling $2,990.89
for work performed for Harrington and Sons.
2. Invoice #24569, dated 7/3/86, totaling $262.73 for
materials shipped to the corner of Ash and Prescott
Streets.
b. After the payment was made with the Valley View School
District check, the account had an unpaid balance of
$2,282.71.
Caj.i9an, 89 -036 -C
Page 16
c.
d.
The financial benefit to Tri County Roofing Company as
the result of these payments was $149.65.
Purchases from Allied Roofing Supply Company:
1. Invoice #315007, dated 5/8/86, totaling $5,992.07
for materials shipped to the Elk View Country Club.
2. Invoice #319068, dated 5/18/87, totaling $1,842.62
for materials shipped to the Crystal City Soda
Company.
3. Invoice #319334, dated 6/5/87, totaling $10,748.40
for materials shipped to the Peter -Paul Church, for
which $9,857.38 was paid with the Valley View
School District check.
4. Invoice #319640, dated 6/23/87, totaling $2,567.85
for materials shipped to the Peter -Paul church, for
which $2,325.26 was paid with •the Valley View
School District check.
5. Invoice #319850, dated 7/6/87, totaling $890.00 for
materials shipped to the Peter -Paul Church.
e. The financial benefit to Tri County Roofing Company as
the result of these payments was $20,907.33.
35. As a result of Tri- County's use of funds from the Valley View
School District to pay for supplies and materials used on
other customers' property, the payment received from those
customers was total profit to Tri - County.
36. The total amount of funds received from the Valley View School
District that were utilized to pay off debts of Tri - County
Roofing not related to Valley View projects was $21,056.98
($149.65 + 20,907.33). (See Findings 34c and 34e)
37. Records of the Tri- County Roofing indicate that a deposit of
$18,897 was made by F. Reno into the Tri- County bank account
at the First National Bank of Jermyn on 9/19/84.
a. Francis Reno had received $20,947 from the Valley View
School District on 9/17/84.
b. The funds that were deposited into the Tri- County account
were the funds received from Valley View.
c. $2,050 of the funds was not deposited into the account.
38. Prior to Robert Caljean becoming part -owner of -.Tri- County
Cal&ean, 89 -036 -C
Page 17
Roofing, Frank Reno (Renco Roofing /Reno Stafursky) did $4,900
in business with Valley View School District.
39. After Robert Caljean obtained his ownership interest in Tri -
County Roofing; Tri- County as Renco Roofing did $109,089.50 in
business with the school district.
40. The amount of business that the Valley View School District
gave to Renco Roofing or the entity using that name increased
substantially after Robert Caljean acquired his interest
therein.
41. Records of Tri- County Roofing indicate payments from that
company to Robert Caljean as follows:
a .
Check No. Date Amount
1460
1599
2070
2091
2672
2726
2805
Total
12/14/84 $ 525
04/12/85 750
01/03/86 700
01/30/86 94.06
12/19/86 2,000
01/21/87 1,000
04/19/87 1,000
Comment
2853 05/1/87 1,000
2885 05/15/87 1,000
2922 06/5/87 1,000
2988 07/2/87 1,000
3117 09/10/87 1,000
3193 10/9/87 1,500
3261 11/23/87 500
3271 12/2/87 1,000
3309 12/23/87 1,500
3357 01/28/88 1,000
3391 03/4/88 1,000 Rent
3585 06/23/88 1,007.22
3630 07/8/88 1,007.82 -
3763 09/16/88 1,500 Rent
3778 09/30/88 2,743.05 -
4481 10/8/89 2,000 Loan
4689 02/2/90 500
4765 03/20/90 500 -
Rent
Rent
Rent
Caljean Vending
Stock Return
Repayment Loan to
Officers
ONO
Loan to Officers
$26,827.15
42. None of the above payments to Robert Caljean were paybacks of
the initial investment made by Caljean.
That investment was satisfied by Tri County on October
16, 1986. (see Finding No. 5e).
Caljean, 89 -036 -C
Page 18
43. None of the members of the Valley View School District Board
of Directors were aware of the fact that "Renco" Roofing and
Tri- County were commingled businesses.
a. All of the members thought that "Renco" Roofing Tri -
County was a business completely and absolutely separate
from the business in which Robert Caljean had an
interest, Tri- County Roofing.
44. Robert Caljean attempted to conceal his interest in the
roofing company that was performing the work for the Valley
View School District.
45. On August 3, 1984 Valley View School District Superintendent
Daniel Corazzi received an anonymous letter alleging collusion
in awarding a roofing repair contract to Renco Roofing
Company.
a. The writer alleged the contract was not put out for bids
and that Renco Roofing Company was owned by School Board
Member Caljean and Francis Reno.
46. On August 7, 1984 School Board Member Caljean responded to the
allegation in a letter to Superintendent Corazzi, stating
Renco Roofing Company was owned solely by Reno and that he was
a partner with Reno in a separate company, Tri- County Roofing
Company.
a. Caljean stated that " Specialists" was a completely
separate entity from Tri - County.
b. Caljean also stated he had no financial interest - in Renco
and would not receive any financial gain from the work
done by the company.
47. In fact, Renco Specialists was not an incorporated entity and
the business of Renco was completely commingled with Tri -
County.
48. On Statements of Financial Interest filed by Caljean for the
calendar years of 1986 and 1987, Renco Roofing Company was not
listed as a direct or indirect source of income.
49. From 1984 to 1988 Renco Roofing Company was paid $109,089.50
by the Valley View School District for roof repair work. (see
Finding 39).
a. $14,749.99 was the amount spent for materials that were
billed to Tri County Roofing Company's accounts at ABC
Roofing Supply Company and Allied Roofing Supply Company
and used on Valley View School District buildings.
Caljean, 89 -036 -C
Page 19
b.
$14,392.68 was the amount spent for materials that were
billed to Tri County Roofing Company's accounts at ABC
Roofing Supply Company and Allied Roofing Supply Company
and shipped directly to Tri County Roofing at 446 Main
Street, Archbald, PA. The final disposition of these
materials cannot be ascertained.
c. $21,056.98 was the amount spent for materials that were
billed to Tri County Roofing Company's accounts at ABC
Roofing Supply Company and Allied Roofing Supply Company
and shipped directly to job sites of Tri County Roofing
Company costumers other than the Valley View School
District.
d. $18,897.00 was deposited into the Tri County Roofing
Company bank account at the First National Bank of
Jermyn.
e. $39,393.09 is the total amount of the checks cashed by
Frank Reno for which there are no Tri County Roofing
Company or Renco Roofing Company records indicating their
dispersal.
50. Statements of Financial Interests on file with the Valley View
School district for Robert J. Caljean indicate the following:
3/20/89
1988
source of income: Caljean Vending
Machine Services
Office, Directorship employment: Caljean Vending
Machine Services
Reno /Stafursky Inc.
All Seasons Window,
Inc.
Financial Interest in any business: Same as above.
All . other categories of interests: None
a. Statement Date
For Calendar Year
Direct or indirect
b. Statement Date 4/12/88
For Calendar Year 1987
Direct or Indirect sources of income:
c.
Financial interest in any business:
All other categories of interests:
Statement Date 3/17/87
Calendar Year 1986
Caljean Vending
Machine Ser.
Reno /Stafursky
Inc . A l
Seasons Window
Inc.
Same as above.
None
Caliean,, 89 -036 -C
Page 20
Direct or Indirect Sources of Income:
Office, directorship, employment:
Financial interests in any business:
All other categories of interests:
d. Statement Date 4/16/86
Calendar Year 1985
Director or indirect sources of income:
Office, Directorship, employment:
Financial interest in any business:
Office, directorship, employment:
e. Statement Date 5/16/85
Calendar Year 1984
Director indirect sources of income:
Office, directorship, employment:
All other categories of interest:
f. Statement Date 4/17/84
Calendar Year 1983
Direct or indirect sources of income:
Office, directorship, employment:
Financial Interests in any legal entity
Caljean Vending
Machine Ser.
Reno /Stafursky
Inc.
All Seasons
Window Inc.
Caljean Vending
Machine
Reno /Stafursky
Caljean Vending
Machine Ser.
Reno /Stafursky
Inc.
None
Caljean Vending
Machine Ser.
Caljean Vending
Machine Ser.
Reno /Stafursky,
Inc.
Same as above.
None
Caljean Vending
Machine
Caljean Vending
Machine
Reno Stafursky
Whalers Inc.
None
Caljean Vending
Machine
Footes Pharmacy
Caljean Vending
Machine
: Footes Pharmacy
Caljean Vending
Machine
g. Statement Date 4/12/83
Calendar Year 1982
Director or indirect sources of income: Caljean Vending
Machine
Calieas, 89 -036 -C
Page 21
Financial Interests in any legal entity:
h. Statement Date 4/13/82
Calendar Year 1981
Direct or indirect sources of income:
III. DISCUSSION:
Office, Directorship in any business:
Office, directorship, employment:
Financial interest in any business:
i. Statement Date 11/2/81
Calendar Year 1980
Direct or indirect source of income:
Office, Directorship in any business:
Choppy's Inc.
F o o t e ' :
Pharmacy
Caljean Vending
Same as above.
Caljean Vending
Machine
Caljean Vending
Machine Ser.
Reno /Stafursky
Inc.
Choppy's Inc
Footes Pharmacy
Caljean Vending
Choppy's Inc.
Motts Caljean
Gildea - Office
Building
As a Member of the Valley View School District in Lackawanna
County, Robert J. Caljean, hereinafter Caljean, is a public
official as that term is defined in the Ethics Act, 65 P.S. S402;
51 Pa. Code S1.1. As such, his conduct is subject to the
provisions of the Ethics Act and the restrictions therein are
applicable to him.
Initially, it is noted that Section 9 of Act 9 of June 26,
1989, P.L. 26, provides, in part, as follows:
"This amendatory act shall not apply to
violations committed prior to the effective
date of this act, and causes of action
initiated for such violations shall be
governed by the prior law, which is continued
in effect for that purpose as if this act were
not in force. For the purposes of this
section, a violation was committed prior to
the effective date of this act if any elements
of the violation occurred prior thereto."
Since the occurrences in this case transpired prior to the
effective date of Act 9 (June 26, 1989), we must apply the
Ca_ligan, 89 -036 -C
Page 22
provisions of Act 170 of 1978, P.L. 883, to determine whether the
Ethics Act was violated.
Under Section 3(a), quoted above, this Commission has
determined that use of office by a public official to obtain a
financial gain for himself or a member of his immediate family or
a business with which he is associated which is not provided for in
law transgresses the above provision of law. Thus, use of office
by a public official to obtain a financial gain which is not
authorized as part of his compensation is prohibited by Section
3(a): Hoak(McCutcheon v. State Ethics Commission, 77 Pa. Commw.
Ct. 529, 466 A.2d 283 (1983); Yacobet v. State Ethics Commission,
109 Pa. Commw. Ct. 432 531 A.2d 536 (1987). Similarly, Section
3(a) of the Ethics Act would prohibit a public official /employee
from using public office to advance his own financial interests;
Koslow-v. State Ethics Commission, 116 Pa. Commw. Ct. 19, 540 A.2d
1374 (1988).
In addition, Section 3(c) of Act 170 of 1978 specifically
provides in part that no public official or member of his immediate
family or business with which he or a member of his immediate
family is a director, officer, owner or holder of stock exceeding
five percent of the equity at fair market value may enter into a
contract with his governmental body valued at five hundred dollars
or more unless the contract is awarded through an open and public
process.
Lastly, Section 5(b) of Act 170 of 1978 requires that a public
official /employee list in his Statement of Financial Interests any
office, directorship or employment in any business entity and also
any financial interest in any legal entity engaged in business for
profit.
We have three allegations before us as to the conduct of
Caljean: that he violated Section 3(a) of Act 170 of 1978 by
participating in decisions to award roofing contracts to a firm
with which he was associated; second, that he violated Section 3(c)
of Act 170 of 1978 in that contracts in excess of $500 were awarded
to a business with which he was associated without an open and
public process; and third, that he violated Section 5(b)(8) and
5(b)(9) of Act 170 of 1978 when he failed to list on his Statement
of Financial Interests for the calendar years 1984 through 1988 his
interests in the firm which was awarded roofing contracts with his
governmental body.
Caljean served as a member of the Valley View School Board
from 1975 through December 1989. In February, 1984, Caljean
entered into a partnership with Francis Reno to purchase the
Stafursky /Reno Roofing Company and Tri- County Roofing Company. The
foregoing business entity was originally owned by Francis Reno and
operated under the name of Renco Roofing Company /Renco Specialists
Caliean, 89 -036 -C
Page 23
which business started in the late 1970's and continued until 1982
when Francis Reno entered into a business arrangement with Bernard
and David Stafursky, trading under the name of Stafursky /Reno
Roofing Company and Tri- County Roofing Company as successor to
Renco Roofing /Renco Specialists. Although the successor company
used the name Tri- County Roofing, it was primarily known as
Stafursky /Reno Roofing.
Stafursky /Reno Roofing did work for Valley View School
District but such work was minimal prior to the time that Caljean
became a member of the School Board. (Fact Finding 4). Renco
Roofing /Renco Specialists did not operate as a business after 1982,
due to the operation of the successor business, Stafursky /Reno
Roofing and Tri- County Roofing Company. In 1984, after Caljean
formed a partnership with Francis Reno to purchase Stafursky /Reno
Roofing Company /Tri - County Roofing, services were ostensibly
rendered under the name of Renco Roofing /Renco Specialists to the
Valley View School District during the years 1982 through 1988.
(Fact Findings 5, 6).
Valley View School District made payments to Renco Roofing for
services which were purportedly done by that company for the years
1982 through 1988. (Fact Finding 7) . In fact, the actual work was
done and payment was received by Tri - County Roofing, even though
the contracting was under the name of Renco Roofing. (Fact Finding
9). Further, the volume of business which Tri- County Roofing did
for Valley View School District before Caljean became a part owner
was only $4,900.00. (Fact Finding 38). However, after Caljean
became a partner in Tri- County Roofing, that firm did $109,089.50
in business with the school district. (Fact Finding 39). The
amounts and dates of payments made to Tri - County through the name
of Renco Roofing are set forth in Fact Finding 7.
Thus, the contracts for the Valley View School District were
bid under the name of Renco Roofing even though it did not exist at
that point in time. (Fact Finding 8). The telephone number listed
on the proposals to the school district by Renco Roofing in 1984
and 1986 was the telephone number for Tri- County Roofing. (Fact
Finding 10). When Caljean became a partner in Stafursky /Reno
Roofing Company and Tri - County Roofing Company, the business was
moved to a building owned by Caljean who assisted in securing start
up capital for the acquisition and who co- signed for a loan for the
business which loan was subsequently paid off by Tri- County Roofing
Company. (Fact Finding 5).
As to the Valley View School District projects which were bid
by Tri- County under the name of Renco Roofing, the insurance
company and policy number which were submitted on the bids
submitted by Renco was the policy covering Tri- County Roofing
Company. (Fact Finding 12). Likewise, the references submitted by
"Renco" to Valley View School District were former customers of
Caljean, 89 -036 -C
Page 24
Tri- County Roofing Company. (Fact Finding 13).
As to the actual worked performed under the contracts, the
record reflects that it was the employees of Tri- County Roofing
Company who worked on the Valley View School District jobs and
whose salaries were paid from a bank account in the name of Tri -
County Roofing. (Fact Finding 15). Likewise, the trucks and
equipment used for the Valley View School District jobs belonged to
Tri- County Roofing Company. (Fact Finding 16). In addition, the
bid bonds that were submitted for proposals by Frank Reno came from
a bank account of Tri- County Roofing. (Fact Finding 17).
During this time there was no listing for Renco Roofing
Company in the telephone directories and the Better Business Bureau
records listed Renco Roofing Company as another name for Tri - County
Roofing Company. (Fact Findings 18, 19). As to the contracts
which were awarded by the Valley View School District Board to Tri -
County Roofing under the name of Renco Roofing, the minutes of the
Valley View School District Board reflect official action by
Caljean in voting to approve lists of accounts payable which would
include payments to Renco and in voting to award contracts for the
repair of certain schools to "Renco ". (Fact Finding 20).
The record also reflects a commingling of activity by Tri -
County as to its purchases and payments to suppliers for Valley
View School District and other contracts. (Fact Findings 21
through 37). In particular, invoices from ABC Roofing Supply
Company, a wholesaler, reflect shipments to Tri- County Roofing, or
its various customers including Valley View School District. In
turn, some of the payments received by Tri- County Roofing from the
Valley View School District were paid to ABC after they were
endorsed by "Renco ". (Fact Finding 24).
Tri- County Roofing also purchased materials from the Allied
Supply Company which supplier never had Renco Roofing as a
customer. (Fact Finding 27). Similarly, the invoices from Allied
Supply reflect purchases by Tri - County Roofing with materials
shipped to Tri - County Roofing or some of its customer including
Valley View School District. (Fact Finding 28). Allied Supply
Company was paid on several occasions by a check which was issued
by the Valley View School District to "Renco" which was endorsed as
a payment on the account of Tri- County Roofing. (Fact Findings 29
through 31).
As to Allied Supply Company, the records of their credit
department reflect that an original credit application in 1982
listed the owners of Tri- County Roofing Company as Francis Reno and
David Stafursky but a credit application in March of 1984 listed
the company's officers as Francis Reno and Robert Caljean. (Fact
Finding 32). The record also establishes that Valley View School
District funds were utilized in part to pay for the purchase of
C4liean, 89 -036 -C
Page 25
materials by Tri- County for other customers as set forth in Fact
Finding 34. The result of the foregoing utilization of Valley View
School District funds to pay for the supplies for other contracts
resulted in total profit to Tri- County Roofing as to those
projects. (Fact Finding 35). In addition, some of the funds
received from Valley View School District were utilized to pay off
debts of Tri- County Roofing that were not related to Valley View
projects. (Fact Finding 36).
In August, 1984, the Valley View. School District Superin-
tendent received an anonymous letter alleging collusion in awarding
roofing repair contracts to Renco Roofing Company owned by School
Board member Caljean and Francis Reno. (Fact Finding 45). When
confronted with the allegation, Caljean responded that Renco
Roofing was solely owned by Reno and that he was a partner with
Reno in a separate company Tri- County Roofing Company which was a
separate entity from Renco Specialists as to which Caijean had no
financial interest therein. (Fact Finding 46). Renco Specialists
was not a separate entity but was commingled with Tri- County.
(Fact Finding 47). None of the other members of the Valley View
School District Board of Directors were aware that Renco Roofing
was commingled with Tri- County Roofing. (Fact Finding 43).
Caijean did not list his interest under either the category of
office, directorship or employment in any business or financial
interest in any legal entity engaged in business for profit on his
calendar year 1984 through 1988 Statements of Financial Interests.
(Fact Finding 50).
Finally, Fact Finding 49 reflects a partial breakdown of the
payments to "Renco" from Valley View School District wherein
subfinding 49a reflects payments for materials used at the school
district, subfinding 49b reflects billing amounts that cannot be
ascertained, subfinding 49c reflects billing amounts of $21,056.98
that went to job sites of Tri - County Roofing Company other than the
school district. Since Caljean had a 50% interest in Tri - County
Roofing and since the foregoing sum reflects payments for materials
that went to job sites of Tri - County Roofing customers other than
Valley View School District, the private pecuniary benefit to
Caijean amounts to $10,528.49.
In applying the provisions of Section 3(a) of Act 170 of 1978
to the above facts, we find a violation of Section 3(a) in that
there was a use of office by Caijean in voting to award contracts
to Tri- County Roofing under the name of Renco as well as his voting
to authorize payments on such contracts. The use of public, office
on the part of Caljean did result in a discernible financial gain
of $10,528.49 which is the extent as determined by a financial
trace. The financial gain is to Caljean individually or to Tri -
County Roofing Company, the business -with which he is associated.
The term "business with which associated" is defined under the Act
Caljean, 89 -036 -C
Page 26
as follows:
Section 2. Definitions.
"Business with which he is associated." Any
business in which the person or a member of
the person's immediate family is a director,
officer, owner, employee or holder of stock.
65 P.S. 5402. Finally, the financial gain is compensation other
than provided for by law since there is no provision in the Public
School which would allow for such conduct. In fact, the
Public School Code would in fact appear to prohibit such activity.
See, 24 P.S. $3 -324.
We likewise find a violation of Section 3(c) of Act 170 of
1978 in that although there appeared to be a bidding procedure for
Valley View School District contracts, the bids in this case were
not as to the real party in interest, Tri- County Roofing, but
through the paper name of Renco Roofing. Thus, since the contracts
were in excess of $500 and were not awarded through an open and
public process to Tri- County Roofing but to the name of "Renco ",
provisions of Section 3(c) were transgressed. Thus, Section 3(c)
of Act 170 of 1978 was violated when contracts of the Valley View
School District were awarded to Tri- County Roofing.
Lastly, we find a violation of Section 5(b)(8) and 5(b)(9) of
Act 170 of 1978 by the failure of Caljean to list his Statements of
Financial Interests for the calendar years 1984 through 1988 his
office, directorship or employment as well as his financial
interest; therefore, Caljean is directed within thirty days of
issuance of this Order to file amended. Statements of Financial
Interests for the calendar years 1984 through 1988 listing his
office, directorship or employment as well as his 50% financial
interest in Tri - County Roofing Company a /k /a Stafursky/ Reno
Roofing or Renco Roofing /Renco Specialists.
As to the actions of Caljean in this case, we are particularly
dismayed by the subterfuge used to conceal that his business was
the real party in interest in the several roofing contracts entered
into with his governmental body, the Valley View School District.
The only reason why bids and paperwork were submitted under the
name of Renco was to hide the fact that Caljean had an interest in
school contracts when he was precluded by law from such activity.
To make the gravity of these matters worse, Caljean, when
confronted with the fact of his financial involvement in the school
contracts, responded in a delusive fashion as set forth in Fact
Finding 46. Finally, the obvious non- disclosure on his Statements
of Financial Interests of his financial interest in these matters
completed Caljean's concealment. The Preamble of the Ethics Law
bespeaks, ". . .that public office is a public trust and that any
Caljean 89 -036 -C
Page 27
efforts to realize personal financial gain through public office
other than compensation provided by law is a violation of that
trust.~ 65 P.S. 5401. Caljean's actions to realize personal
financial gain for himself through public office violated that
trust.
The power of this Commission to impose restitution has been
upheld by Commonwealth Court in Yacobet v. State Ethics Commission},
supra. In this case, restitution is warranted. Accordingly, we
direct Caljean within thirty days of issuance of this Order to
forward a check or payment to this Commission payable to the Valley
View School District in the amount of $10,528.49. Failure to
comply with the foregoing will result in a directive of this
Commission to institute an order enforcement action.
IV. CONCLUSIONS OF LAW:
1. Robert J. Caljean as a member of the Valley View School Board
was a public official under Act 170 of 1978.
2. Caljean violated Section 3(a) of Act 170 of 1978 when he
participated and voted to award contracts or pay bills as to
roofing contracts awarded to a business with which he was
associated.
3. Caljean violated Section 3(c) of Act 170 of 1978 when Tri-
County Roofing, a business with which he was associated,
entered into roofing contracts in excess of $500 with his
governmental body, the Valley View School District, which were
not awarded through an open and public process.
4. Caljean violated Section 5(b)(8) and 5(b)(9) of Act 170 of
1978 when he failed to list on his 1984 through 1988 calendar
years Statements of Financial Interests his office,
directorship, or employment and his financial interest in Tri-
County Roofing Company.
5. The discernible financial gain received by Caljean in
violation Section 3(a) of Act 170 of 1978 is $10,528.49.
re: Robert J. Caljean
f .le Docket: $9..036 -C
Date Decided: Sew tuber J,5, ) J9�,
Date Mailed: Q! 1, 1992. ,_
oRDEll IV. 8 Q
Robert J. Caljean as a member of the Valley View School Board
violated Section 3(a) of Act 170 of 1978 when he participated
and voted to award contracts or pay bills as to roofing
contracts awarded to a business with which he was associated.
2. Caljean violated Section 3 (c) of Act 170 of 1.978 when Tri-
County Roofing, a business with which he was associated,
entered into roofing contracts in excess. of $500 with his
governmental body, the Valley View School District, which were
not awarded through an open and public process.
3. Caljean violated Section 5(b)(8) and 5(b)(9) of Act 170 of
1978 when he failed to list on his 1984 through 1988 calendar
years Statements of Financial Interests his office,
directorship, or employment and his financial interest in Tri-
County Roofing Company.
4. The discernible financial gain received by Caljean in
violation Section 3(a) of Act 170 of 1978 is $10,528.49.
5. Caljean is directed within thirty (30) days of issuance of
this Order to forward a check or payment payable to the Valley
View School District in the amount of $10,528.49 to this
Commission as restitution of financial gain received in
Paragraph 4.
6. Caljean is directed within thirty (30) days of issuance of
this Order to file amended Statements of Financial Interests
for the calendar years 1984 through 1988 listing his office,
directorship, or employment and his financial interest in Tri-
County Roofing a /k /a Stafursky /Reno Roofing or Renco
Roofing /Renco Specialists.
7. Failure to comply with the provisions of Paragraphs 5 and 6
will result in a directive of this Commission to institute an
order enforcement action.
BY THE COMMISSION,
JAMES M. HOWLEY1