HomeMy WebLinkAbout942 ChouraIn re: Jeff Choura
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket: 93- 030 -C2
Date Decided: 09/12/94
Date Mailed: 09/21/94
Before: James M. Howley, Chair
Daneen E. Reese, Vice Chair
Dennis C. Harrington
Austin M. Lee
Allan M. Kluger
The Investigative Division of the State Ethics Commission
conducted an investigation regarding possible violations of the
State Ethics Law, Act 170 of 1978, P.L. 883, and Act 9 of 1989,
P.L. 26. 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 held. The record is complete.
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 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 and /or 51
Pa. Code §21.29(b).
The files in this case will remain confidential in accordance
with Section 8(a) of Act 170 of 1978 and Act 9 of 1989, 65 P.S.
5408(h). Any person who violates confidentiality of the Ethics Law
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. 5409(e).
Confidentiality does not preclude discussing this case with an
attorney at law.
Choura, 93- 030 -C2
Page 2
I. ALLEGATION:
That, Jeff Choura, in his capacity as a public official /public
employee, a Chartiers Valley School Director, Allegheny County,
violated the following provisions of the State Ethics Act (Act 170
of 1978) when he received reimbursement for travel expenses that he
did not incur.
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. 65
P.S. 5403(a).
and that, Jeff Choura, in his capacity as a public official /public
employee, a Chartiers Valley School Director, Allegheny County,
violated the following provisions of the State Ethics Act (Act 9 of
1989) when he received reimbursement for travel expenses that he
did not incur.
Section 3. Restricted Activities
(a) No public official or public
employee shall engage in conduct that
constitutes a conflict of interest. 65 P.S.
5403(a).
Section 2. 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. "Conflict" or "conflict
of interest" does not include an action having
a de minimis economic impact or which affects
to the same degree a class consisting of the
general public or a subclass consisting of an
industry, occupation or other group which
includes the public official or public
employee, a member of his immediate family or
a business with which he or a member of his
Choura, 93- 030 -C2
Page 3
immediate family is associated. 65 P.S. §402.
II. FINDINGS:
1. Jeffrey Choura has served as a member of the Chartiers Valley
School District Board of Directors since 1975.
2. Jeffrey Choura has been employed as a Fight Attendant with
American Airlines since 1984.
a. As an employee of American Airlines, Choura was entitled
to fly free of charge on any American Airline flight on
a standby basis and could fly on another airline at a
discount ranging from 50% to 90% off an airline ticket.
3. The Chartiers Valley School District adopted resolutions
authorizing board members to attend educational conventions
and conferences, to receive reimbursement for actual and
necessarily incurred expenses and required board members to
provide an accounting of expenses incurred.
a. As a member of the Chartiers Valley School District Board
of Directors, Choura was authorized to attend such
conventions and conferences.
4. Chartiers Valley School District Policy 1240, adopted on
January 18, 1981, and amended on May 18, 1992, authorized
directors to attend the National School Board Association
(NSBA) or any other educational convention within the
Commonwealth or outside, not to exceed two (2) meetings per
director in any one (1) school year.
a. Expenses which are actually and necessarily incurred in
going to, attending, and returning from the place of such
meeting, including travel, travel insurance, lodging,
meals, registration or admission fees and other
incidental expenses necessarily incurred, will be paid
for or reimbursed by the district.
b. Actual expenses shall be allowed with mileage for travel
by car at the rate for each mile, as established from
time to* time by the Internal Revenue Service, in going to-
and returning from each meeting.
c. Advance payments of no more than 80% of anticipated out
of pocket expenses may be made by proper officers of the
district.
d. A final itemized, verified statement of such expenses
shall be submitted upon return from such convention and
an adjustment shall be made either by refund or
Choura, 93- 030 -C2
Page 4
additional payment to meet the verified expenses actually
and necessarily incurred. Such final itemized, verified
statement shall be made before the next meeting of the
board, at which time they shall be made public.
e. Hotel, travel (unless by car) and registration receipts
shall be attached to claims for reimbursement. Such
expenses should be paid directly by the district, in
advance, if possible.
5. Chartiers Valley School District Policy 1250, adopted on
January 19, 1981, does not authorize the members of the board
to be paid for their services as school directors, but it
permits them to be reimbursed for all legal expenses incurred
in attending any meetings or making any trips on official
business for the school district.
6. Chartiers Valley School District Policy 1251, was adopted on
January 19, 1981, regulating the Issuance of Advance of
expenses for school board conferences.
a. An estimate of expenses must be submitted with all Travel
Authorization Requests to the superintendent or the
superintendent's designee for approval.
b. Advance payments for registration and reservations will
be placed by the business office upon request and the
payment deducted from the authorized advance. Remainder
of the advance payable thirty days prior to departure.
c. Travel Expense Reports to be filed with the business
office within thirty days following return. Board
members to be notified of any expense reports in arrears.
7. Choura was a member of the Chartiers Valley School District
Board of Directors when the school district policies were
adopted and amended.
8. School board conventions that are annually held and attended
by board members of the Chartiers Valley School District are
the American Association for School Administrators (RASA), and
the National School Boards Association (NSBA).
a. The conventions are held in major cities throughout the
United States.
9. Since 1988, Choura and at least six other Chartiers School
District Board Members have attended conventions sponsored by
the AASA and NSBA.
10. Records of the Chartiers Valley School District reflect that
Choura, 93- 030 -C2
Page 5
Choura has attended the following conventions:
a. 1988 - NSBA New Orleans, LA
b. 1989 - AASA Orlando, FL
c. 1989 - NSBA Anaheim, CA
d. 1990 - AASA San Francisco, CA
e. 1990 - NSBA New Orleans, LA
f. 1991 - NSBA San Francisco, CA
g. 1992 - NSBA Orlando, FL
h. 1993 - NSBA Anaheim, CA
11. Expenses incurred by board members while attending the AASA
and NSBA Conventions were to be reimbursed consistent with
school district policy 1240, 1250, and 1251.
12. Choura submitted a statement of expenses dated June 30, 1988,
to the school district for his attendance at the AASA
conference in New Orleans from March 26 to March 29, 1988,
which included the following:
Registration fee: $ 280.00
Transportation (air): 435.00
Taxi cab: 104.00
Parking fees: 16.50
Meals & gratuities: 157.05
Lodging 278.00
Telephone .50
$ 1,271.05
Advance payments:
Registration:
Other:
Balance due:
b. March 21, 1988
c. July 17, 1988
$ 280.00
900.00
$ 1,180.00
$ 91.05
13. Choura received travel expense reimbursement fro= the school
district for the 1988 New Orleans AASA conference.
Check Number Amount
a. March 4, 1988 3305 $ 280.00
3556 $ 900.00
4435 $ 91.05
$ 1,271.05
Choura, 93- 030 -C2
Page 6
14. Choura was reimbursed $435.00 for air fare when he attended
the NSBA Convention held March 26 -29, 1988, in New Orleans,
LA.
a. Choura submitted two (2) flight itinerary cards that were
stamped as paid.
b. Itinerary card for ticket #001 1402078269 has USD 238.00
printed on the card.
(1) The numbers 001 on the ticket indicate it was a
American Airlines ticket.
c. Itinerary card for ticket #016 1402078270 has USD 197.00
printed on the card.
(1) The numbers 016 on the ticket indicate it was a
United Airlines ticket.
d. The combined amounts of the tickets equal the $435.00
Choura was reimbursed for air fare.
15. The itinerary cards listed Choura's flight information which
included flight numbers, departure and arrival times.
Date Airline Flight # Departure
Registration fee:
Transportation:
Tolls:
Parking fees:
Meals & gratuities:
Lodging:
Arrival
03/25/88 American 401V Pittsburgh 107P Dallas 309P
03/25/88 United 478M Dallas 635P New Orleans 750P
03/27/88 American 351Q New Orleans 402P Dallas 536P
03/27/88 American 144V Dallas 802P Pittsburgh 1140P
16. Records of American Airlines confirm that ticket #001
1402078269 was not issued.
17. Records of United Airlines confirm ticket #016 1402078270 was
not issued.
18. Choura was reimbursed $435.00 for the cost of airline tickets
for which there is no record of the tickets ever being issued.
19. Choura submitted an undated statement of' expenses for AASA
conference held in Orlando, Florida from March 3, 1989, to
March 6, 1989, which included the following:
$ 270.00
340.00 (airfare)
1.00
23.50
226.98
276.86
Choura, 93- 030 -C2
Page 7
Auto rental:
Phone:
79.50
2.63
$ 1,220.47
Advance payments:
Registration: $ 270.00
Other 858.00
$ 1,128.00
Balance due: $ 92.47
20. Choura received travel expense reimbursement from the school
district for the AASA March, 1989, conference as follows:
Check Number Amount
a. February 27, 1989 7537 $ 858.00
b. February 27, 1989 7536 $ 270.00
c. April 20, 1989 8066 $ 92.47
$ 1,220.47
21. Choura submitted for reimbursement $340.00 for air fare when
he attended the AASA Convention held March 3 -6, 1989, in
Orlando, Florida.
a. Choura submitted receipt #1448114778 from US Air in the
amount of $340.00. The receipt is stamped paid.
b. Choura's flight schedule included a departure flight
listed as US Air 103Q on March 3rd, with a return flight
on US Air 90Q on March 5.
22. Choura arranged his travel plans for the AASA convention in
Orlando, Florida through Leisure World, a Pittsburgh area
travel agency.
a. The reservations were made by Choura on February 23,
1989.
b. Leisure World invoice no. 11392 confirms that Choura was
to fly on U.S. Air flight 103 from Pittsburgh on March 3,
1989, at 6:00 p.m. and arrive in Orlando at 8:02 p.m.
1) Return flight was scheduled for March 5, 1989,
leaving Orlando at 8:55 p.m. and arriving in
Pittsburgh at 10:59 p.m.
23. Business records of Leisure World confirmed that invoice
#11392 dated February 23, 1989, as well as agent and auditor
coupons for US Air ticket #1448114778 issued to Jeffrey Choura
were listed as voided.
a. Void was handwritten on the invoice as well the agent and
Choura,, 93- 030 -C2
Page 8
b. The word void indicates the ticket was cancelled.
24. Choura was reimbursed $340.00 for the cost of the airline
ticket for which no valid receipt was submitted.
25. Of the $226.98, in meal receipts, Choura claimed for meals on
the AASA trip to Orlando, Florida, three receipts were for
meals on March 3, 1989.
a.
auditor coupons by Patricia Wadlow, former owner of
Leisure World.
Date Amount Receipt # Restaurant
03/03/89 $ 14.99 596351 Unknown
03/03/89 19.95 161054 Unknown
03/03/89 32.87 046096 Fiorino
Total $ 67.81
26. The meals outlined above were claimed even though Choura did
not arrive in Florida until after 7:00 p.m. on March 3, 1989.
a. Choura submitted a rental car receipt from Avis Rent -A-
Car indicating he picked a vehicle up at the Orlando
International Airport at 1950 (7:50 p.m.) on March 3,
1989.
b. Choura did not submit any other travel receipts prior to
his pick -up of the rental car at 7:50 p.m. on March 3,
1989.
27. When Choura attended the 1989 AASA convention in Orlando,
Florida, he submitted a parking receipt for reimbursement from
the Greater Pittsburgh International Airport in the amount of
$20.50. The receipt indicated his vehicle was dropped off on
March 3, 1989 at 932 (9:32 a.m.), and removed on March 6,
1989, at 1323 (1:23 p.m.) .
28. Choura submitted a parking receipt from the Orange County
Civic Center in Orlando, Florida in the amount of $3.00 on
March 3, 1989. The time was stamped on the receipt indicating
it was 10:13 a.m.
a. The parking receipt time stamped in Orlando, Florida was
forty -one minutes after Choura dropped his vehicle off in
Pittsburgh. This was also approximately twelve hours
prior to Choura picking up a rental car in Orlando,
Florida from Avis.
29. Choura submitted a statement of expenses dated April 17, 1989,
to the school district for his attendance at a NSBA convention
held at Anaheim, California, from April 1, 1989, to April 4,
Choura, 93- 030 -C2
Page 9
a.
1989, which included the
Registration fee:
Transportation:
Auto rental:
Parking fees:
Meals & gratuities:
Lodging:
Phone:
Advance payments:
Check Number Amount
March 30, 1989 7826 $ 300.00 (convention
reg.)
March 30, 1989 7827
Balance due:
30. Choura received travel
district as follows:
a. March 30, 1989
following:
$ 300.00
408.00
102.09
51.00
345.94
421.83
27.98
$ 1,656.84
1,100.00
$ 1,400.00
$ 256.84
expense reimbursement from the school
Check Number Amount
7827 $ 1,100.00
b. April 20, 1989 8066 349.31
(includes $92.47 from $ 1,449.31
Orlando trip)
31. Choura was reimbursed $408.00 for air fare when he attended
the NSBA Convention held April 1 -4, 1989, in Anaheim,
California.
a. Choura submitted receipt #1449581943 from US Air in the
amount of $408.00.
b. Choura's flight schedule included a departure flight
listed as US Air 715K on March 31, with a return flight
on 2847Q and 30Q for April 3rd.
32. Choura arranged his travel plans for the April 1 -4, 1989,
Anaheim trip through Leisure World.
a. The reservations made on March 1989, included airfare -
from Pittsburgh, rental car and room accommodations.
33. Leisure World invoice no. 11486 confirms air travel from
Pittsburgh via U.S. Air Flight no. 715 on March 31, 1989, at
5:50 p.m. and arriving at 9:36 p.m.
Return was scheduled for April 3, 1989, on U.S. Air
Flight 2847 at 10:25 a.m. and arriving in Pittsburgh at
8:45 p.m.
Choura, 93- 030 -C2
Page 10
34. Business records of Leisure World indicate invoice #11486,
dated March 16, 1989, as well as agent and auditor coupons for
US Air ticket #1449581943 issued to Jeffrey Choura were listed
as voided.
a. Void was handwritten on the invoice as well as the agent
and auditor coupons by Patricia Wadlow, former owner of
Leisure World.
b. The word void indicates the ticket was cancelled.
35. Choura was reimbursed $408.00 for the cost of the airline
ticket for which no valid receipt was submitted.
36. Choura was reimbursed a total of $276.57 for meals when he
attended the NSBA Convention held April 1 -4, 1989, in Anaheim,
California.
37. Chartiers Valley School District records reflect when Choura
attended the 1989 NSBA Convention in Anaheim, California, he
submitted three receipts for meals on 3/31/89 and 4/3/89.
Date Amount Receipt # Restaurant
03/31/89 $ 17.50 85597 Unknown
03/31/89 37.22 355668 Unknown
03/31/89 22.00 47067 Unknown
04/03/89 16.02 Unknown Holiday Inn
04/03/89 11.40 057240 Unknown
04/03/89 41.10 249164 Unknown
Total: $145.24
38. Choura submitted a rental car receipt from Avis Rent -A -Car
indicating he picked a vehicle up at the John Wayne Airport in
Santa Ana, California on 3/31/89 at 1136 (11:36 a.m.), and
returned the car on 4/3/89 at 0555 (5:55 a.m.).
a. Choura picked up his rental car on 3/31/89 at 11:36 a.m.,
but he submitted three (3) receipts for meals.
b. Choura returned his rental car on 4/3/89 at 5:55 a.m., at
the John Wayne Airport, but he submitted three (3)
receipts for meals -.
39. Choura submitted a statement of expenses dated July 9, 1990,
to the school district for this attendance at the AASA
conference in San Francisco, California from February 23 - 26,
1990, which included the following:
Registration fee:
Transportation:
Tolls:
$ 265.00
319.00
2.00
Choura, 93- 030 -C2
Page 11
Hotel garage:
Parking fees:
Meal & gratuities:
Lodging:
Auto rental:
Phone:
Advance payments:
Registration:
Advance:
Balance due:
b. July 29, 1990
56.00
38.00
256.21
409.59
105.51
7.75
$ 1,459.06
$ 265.00
916.00
$ 1,181.00
$ 278.06
40. Choura received travel reimbursement from the school district
for the February 23 - 26, 1990, AASA conference.
Check Number Amount
a. February 20, 1990 11398 $ 916.00
12777 116.30
c. The amount in (b) is the difference between $278.06
sought by Choura and a $161.76 credit from the
conference.
41. Choura was reimbursed $319.00 for air fare when he attended
the AASA Convention held February 23 -26, 1990, in San
Francisco, California.
a. Choura submitted receipt #037 71915188310 from US Air in
the amount of $319.00.
b. Choura's flight schedule included a departure flight
listed as US Air 31K on February 23rd, and a return
flight on US Air 166K on February 26, 1990.
c. Choura arranged this travel through Expert Travel, a
Pittsburgh area travel agency.
42. Susan Etzler, owner of Expert Travel, issued Choura ticket
#037 71915188310 on US Air to attend the 1990 AASA Convention.
a. Etzler indicated when she met US Air flight #31 in San
Francisco, California, on February 23, 1990, an unknown
woman approached her and informed she was using Choura's
ticket and he would be coming on a later flight.
b. No payment has ever been received by Expert Travel for
Choura's ticket.
43. Choura was reimbursed $319.00 for the cost of an airline
ticket for which he neither paid for nor did he use.
Choura, 93- 030 -C2
Page 12
44. Choura was reimbursed a total of $239.96 for meals when he
attended the AASA Convention held February 23 -26, 1990, in San
Francisco, California.
45. Chartiers Valley School District records confirm that when
Choura attended the 1990 AASA Convention in San Francisco,
California, he submitted three (3) receipts for meals on
2/23/90.
Date Amount Receipt # Restaurant
02/23/90 $ 37.60 516953 Unknown
02/23/90 14.40 151327 Unknown
02/23/90 29.85 04724 Unknown
Total: $ 81.85
46. Choura submitted a rental car receipt from Hertz Rent -A -Car
for reimbursement indicating he picked a vehicle up at the San
Francisco International Airport on 2/23/90 at 21:27 (9:27
p.m.) .
a. Choura did not submit any taxi cab receipts indicating
that he did not arrive at the San Francisco International
Airport until 9:27 p.m., when he picked up his rental
car.
47. Wendy Breen accompanied Jeff Choura as a companion on the
following conventions:
a. 1988 - NSBA New Orleans, LA.
b. 1989 - AASA Orlando, FL.
c. 1989 - NSBA Anaheim, CA.
48. Breen identified the following receipts where she recalled
eating with Choura when she attended the conventions for which
Choura submitted reimbursement for meals.
Date Amount Restaurant Convention
03/26/88 $ 37.88 Petunias 1988 NSBA
New Orleans, LA
03/05/89 29.85 Fiorino 1989 AASA
Orlando, FL
04/02/89 31.66 The Good Earth 1989 NSBA
Anaheim, CA
04/02/89 43.86 Hotel Queen Mary 1989 NSBA
Anaheim, CA
04/02/89 1.67 Carl's Jr. 1989 NSBA
Anaheim, CA
Choura, 93- 030 -C2
Page 13
Total: $144.92
49. Choura was reimbursed $144.92 for the meals he shared with
Wendy Breen.
a. Choura was entitled to be reimbursed $72.46 for the cost
of the meals.
50. Choura submitted other meal receipts for AASA conference in
New Orleans from March 26 - 29, 1988, when he was accompanied
by Wendy Breen:
Date Amount Receipt # Location
03/25/88 $ 52.61 5320625 Unknown
03/25/88* 10.21 Walgreen's
03/26/88* 10.09 - Unknown
03/26/88* 2.46 0085 Unknown
03/26/88* 4.00 - Unknown
03/27/88 36.88 306847 Unknown
03/27/88* 2.92 Unknown
Total $ 119.17
*These receipts reflect that there was more than one person in
the party.
51. Choura submitted meal receipts for the AASA conference in
Orlando from March 3 - 6, 1989, when he was accompanied by
Wendy Breen:
Date Amount Receipt # Location
03/03/89 $ 32.87 046096 -
03/04/89 1.81 Unknown
03/04/89 28.32 056984 -
03/04/89 37.80 161274 Unknown
03/05/89 5.68 16075 Unknown
03/05/89 6.35 - Unknown
03/05/89 26.49 0178A Unknown
Unknown 14.99
03/05/89 11.61
Unknown 19.85 - Unknown
Total $ 185.77
52. Choura submitted other meal receipts for the 1989 NSBA
conference held from April 1 - 4, 1989, at Anaheim, when he
was accompanied by Wendy Breen.
Date Amount Receipt # Location
03/31/89 $ 17.50 85597 Unknown
03/31/89 37.22 355668 Unknown
03/31/89 22.00 47067 Unknown
04/01/89 28.62 72100355 Room Service
Choura, 93- 030 -C2
Page 14
04/01/89 16.46 71100381 Room Service
04/01/89 18.11 899378 Unknown
04/01/89 27.07 56594 Unknown
04/01/89 8.96 Unknown
04/02/89 21.64 71100377 Room Service
04/02/89 2.65 72100528 Room Service
04/03/89 41.10 249164 Unknown
04/03/89 16.02 Holiday Inn
Total $ 257.35
53. All meal expenses incurred by Wendy Breen when traveling with
Jeff Choura to New Orleans in 1988 and Orlando and Anaheim in
1989 were paid for by Choura.
54. The $26.49 on receipt #0178A for which Choura submitted as
expenses for meals (see Finding No. 51) was actually an
expenditure for a T- Shirt.
a. Choura had printed food in ink on the receipt.
b. Choura submitted this receipt as an expense related to
meals.
55. Choura was reimbursed a total of $138.42 for meals when he
attended the NSBA Convention held April 21 -24, 1990, in New
Orleans, Louisiana.
56. Chartiers Valley School District reflect that Choura submitted
the following receipts for meals at the 1990 NSBA Convention
in New Orleans, Louisiana.
Date Amount Recent # Restaurant
04/21/90 $ 32.55 774375 Unknown
04/20/90 26.56 771180 Unknown
04/22/90 9.12 Unknown Walgreens
04/22/90 2.74 Unknown Unknown
04/22/90 17.39 Unknown Especially For You
04/23/90 0.50 Unknown Unknown
04/23/90 1.75 320 Carson at O'Hare
04/23/90 6.26 Unknown Unknown
Undated 4.80 722257 Meridiem •
Undated 36.75 998528 Unknown
$138.42
57. Expense vouchers for representatives of Russell Rea & Zappala
at the 1990 NSBA Convention in New Orleans, Louisiana indicate
meals and drinks were provided to members of the Chartiers
Valley School District.
Choura, 93- 030 -C2
Page 15
Russell Rea
& Zappala
Reiresentative Date Amount
Randy Frederick 04/20/90 $ 16.00
Randy Frederick 04/21/90 506.47
Chris Shelby Undated 32.00
Janes Shelby 04/22/90 107.03
Meeting
Date
Check
Number
04/18/88 Unknown
08/15/88 4435
02/20/89 7313
03/20/89 7536
7537
04/17/89 7826
7827
05/15/89 8066
03/19/90 11398
Bill
NSBA Registration
AASA Conf. balance
AASA Conf. advance
AASA Conf. Reg
RASA Conf. advance
NSBA Conf. req.
NSBA Conf. advance
AASA Conf. balance
NSBA Conf. balance
AASA Conf. advance
Board
Restaurant Members Present
Pat O'Brien's
Brennan's
Unknown
Olde Nawlins
Cookery
Jeff Choura
Jeff Choura
Andrea DeBar
Sue Levy
Gary Williard
and wife
Mike Caporizzo
and wife
Althea Tracey &
husband
Jeff Choura
Jeff Choura
58. Choura participated in the routine payment of district bills
which contained payments for his conference expenses.
a. Bill lists are provided to board members approximately
five days prior to the board meeting when action is to be
taken on them.
b. Bill lists are voted on in their entirety.
59. Minutes of the Chartiers Valley School District reflect that
Choura participated in seventeen votes which contain payments
for his conference expenses.
Paid to
NSBA
Choura
Choura
Amount
$ 280.00
91.05
300.00
Action
Absent
Vote
2nd, Vote
AASA 270.00 Vote
.Choura 858.00 Vote
NSBA 300.00
Choura $1,100.00 Vote
Choura 92.47 Vote
Choura 256.84
Choura 916.00 Absent
05/21/90
08/20/90
04/18/91
05/20/91
08/19/91
12 /16/91
01/20/92
02/17/92
03/16/92
01/18/93
03/18/93
08/16/93
Choura, 93- 030 -C2
Page 16
12016
12777
15326
15702
16960
18607
18607
19284
19466
23195
23196
23968
25274
NSBA Conf. advance Choura 800.00
AASA Balance
NSBA Refund Choura
NSBA Registration
NSBA Conf. advance
NSBA Balance
Leisure World
Leisure World
Deposit
NSBA Registration
Leisure World
Leisure World
AASA Registration
NSBA Registration
Conf. Travel
60. Jeffrey Choura's reimbursement for air fare from the Chartiers
Valley School District when he attended the AASA and NSBA
conventions from 1988 through 1990 totals $1,502.00.
61. Choura received meal reimbursements from the school district
for both himself and a travel companion as follows:
a. $144.92
119.17
185.77
257.35
$707.21
(see
(see
(see
(see
Unused airline tickets
Companion meals
Finding #48)
Finding #50)
Finding #51)
Finding #52)
62. Total financial gain realized by Choura:
- $ 1,502.00
353.60
$ 1,855.60
Choura 278.06
161.76 cr
NSBA 400.00
Choura 1,000.00
Choura 17.68
Leisure 50.00
World
Leisure 50.00
World
NSBA 455.00
Leisure 681.00
World
Leisure 744.70
World
AASA 435.00
NSBA 460.00
Choura 1,274.66
Vote
Vote
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b. The amount of the financial gain to Choura is $353.60 (
of $707.21).
Choura, 93- 03Q -C2
Page 17
63. Choura asserts that he purchased several tickets when
attending conventions and utilized the one that best Served
his purposes.
a. The tickets would be put on a credit card.
b. Credit would be issued for unused tickets.
64. Choura attributes bad bookkeeping on his part as the reason
why voided and unused tickets were submitted for
reimbursements.
III. DISCUSSION:
Initially, it is noted that the allegations in this case
relate to both Act 9 of 1989 and Act 170 of 1978. In this regard,
Section 9 of Act 9 of 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 violations occurred prior thereto.
Under both Act 170 of 1978 and Act 9 of 1989, as a Chartiers
Valley School Director, Allegheny County, Jeff Choura, hereinafter
Choura is a public official /employee as that term is defined under
both acts. See also 51 Pa. Code. As such, his conduct is subject
to the provisions of both laws and the restrictions therein are
applicable to him.
Under Section 3(a) of Act 9 of 1989 quoted in the allegations,
a public official shall not engage in conduct that constitutes a
conflict of interest.
Under Section 3(a), of Act 170 of 1978 quoted - - -in- the
allegations, 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 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
Choura, 93- 030 -C2
Page 18
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).
The issue before us is whether Choura as a Chartiers Valley
School Director violated Section 3(a) of Act 170 of 1978 or Act 9
of 1989 (conflict provisions) regarding the allegation that he
received reimbursements for travel expenses that he did not incur
while attending educational conventions or conferences on behalf of
the Chartiers Valley School District.
Choura has served as a member of the Chartiers Valley School
District (District) Board of Directors since 1975; in a private
capacity Choura has been employed as a flight attendant with
American Airlines since 1984. In his private employment, Choura
may fly free of charge on any American Airline flight on a standby
basis and also may fly on other airlines at a discount ranging from
50 to 90% off the airline ticket price.
The District adopted resolutions authorizing board members to
attend educational conventions and conferences with the actual,
necessary and accounted for expenses being reimbursed. As a
District Board Member, Choura was authorized and did attend such
conventions from 1988 through 1993. Choura went to the school
board conventions of the American Association for School
Administrators (AASA) and the National School Board Association
(NSBA) which were held in major cities in the United States.
In March, 1988 Choura attended an AASA conference in New
Orleans for which Choura was reimbursed, in part, $435.00 for
airfare as per an expense voucher submitted for two airline
tickets. Both airlines confirmed that neither of the two submitted
tickets was ever issued so that Choura was reimbursed $435.00 for
non - issued tickets. Fact Findings 16 -18.
As to the March 1989 AASA convention in Orlando, Florida,
Choura once again submitted receipts which included reimbursement
for a round trip ticket that was voided according to airline
records. Thus, Choura was reimbursed $340.00 for the cost of an
airline ticket without any valid receipt. Fact Finding 24. The
travel agency where Choura made his reservations confirmed that the
invoice for the airline ticket of Choura was voided. Fact Finding
23.
For the NSBA convention in Anaheim, California in April, 1989,
Choura submitted a receipt for a round trip airline ticket which
was voided according to airline records. The records of the travel
agency also reflect that the invoice for the airline ticket was
voided. Fact Finding 34. Thus, Choura was reimbursed $408.00 for
the cost of the airline ticket for which he had no valid receipt.
Choura, 93- 030 -C2
Page 19
Fact Finding 35.
As to the February, 1990, AASA Convention in San Francisco,
California, Choura submitted an airline ticket receipt for $319.00
which Choura neither paid nor used. Fact Finding 43.
The facts of record also reflect numerous instances during
these conferences /conventions wherein Choura submitted expenses for
meals and other items. Questions arise as to the validity or
propriety of many such purported expenses, as for example the
expenses of a travelling companion of Choura, expenses for meals
which may have been used to buy clothing, expenses occurring before
or after the trip which may not be encompassed within the allowable
expenses of the trip.
In applying the provisions of Section 3(a) of Act 170 of 1978,
we find violations of that provision of the Ethics Law regarding
the reimbursements for bogus airline tickets. It is clear that
Choura as a District Director used his office to obtain financial
gain for himself by submitting bogus receipts for airline tickets
which were voided and not used. To the extent that Choura received
such reimbursement as to which he had no expense, such was a
financial gain. It is clear that the financial gain was other than
compensation provided for by law because there is no provision in
the Public School Code which allows for the reimbursement of
expenses that are not incurred. In addition, the resolutions
adopted by the District also require that reimbursement be for
actual, necessary and verified expenses. Therefore as to the
March, 1988 New Orleans conference, the March 1989 Orlando
conference, the April 1989 Anaheim conference, Choura violated
Section 3(a) of Act 170 of 1978 by receiving $1,183.00 in
reimbursements for airline tickets which were not used by Choura.
Hagen, Order 554 -R; Vachon, Order 607.
Under Section 3(a) of Act 9 of 1989, Choura received $319.00
for a ticket reimbursement for a flight to San Francisco. Since
Choura neither paid for nor used the airline ticket, a violation of
that provision of law occurred. In particular, Choura did use the
authority of office by being a District Board Member and submitting
the bogus reimbursement voucher for an expense which he did not
incur. Such reimbursement was a pecuniary benefit for the reason
that no offsetting expense was incurred. The pecuniary benefit was -
private for the reason that such was not authorized under the
Public School Code or by resolution of the District.
However, as to the matter of the receipt by Choura of
reimbursement for alleged expenses relating to meals, we find no
violation as to that aspect of the case based upon an insufficiency
of the evidence. In particular, as to the meal expenses, the fact
that expenses for several meals were submitted for reimbursement
before the beginning or at or after the end of a conference does
Choura, 93- 030 -C2
Page 20
not in and of itself establish that such were improper
expenditures. Given the locations of the conferences, such meals
could very well have been in transit and hence appropriate
expenditures; without any evidence to indicate otherwise, we find
no violation as to that aspect of the allegation.
Regarding any meals that were received by Choura's companion
and reimbursed by the District, clearly such reimbursements would
not be authorized and violative of the Ethics Law. However, we do
not know how much, if any, of the expenses for meals are
attributable to Choura's companion. On that basis, we similarly
find no violation based upon insufficiency of evidence.
Lastly, as to the matter of the T- shirt, the record does not
reflect that Choura received reimbursement of $26.49 for a T -shirt
which he claimed as a meal reimbursement. Fact Finding 54. Choura
wrote on the receipt for the T -shirt that it related to "food."
Clearly, clothing was not a legitimate reimbursable expense. Fact
Finding 4. Accordingly, since the purchase was not an authorized
food expense for reimbursement, Choura used public office in
submitting a bogus meal expense which was a financial gain other
than compensation provided bylaw. Choura violated Section 3(a) of
Act 170 of 1978 as to the purchase of the T -shirt for which he
claimed reimbursement as a meal expense.
Turning to the matter of restitution /treble penalty, we
believe that the facts of this case clearly warrant a payback by
Choura. As to that aspect of the case controlled by Act 170 of
1978, the power of this Commission to impose restitution is
currently in litigation. Commonwealth Court in Rebottini et al v.
SEC, _ Pa. Cmwlth Crt. _ , 634, A.2d 743 (1993) ruled that this
Commission had no such power under Act 170 of 1978. This
Commission has filed petitions for allocatur with the Pennsylvania
Supreme Court challenging that decision which petitions are
currently pending. In light of the current uncertainty of this
area of law, we will exercise our discretion and not impose a
payback as to that aspect of the case controlled by Act 170 of
1978. However, the power of this Commission to impose
restitution /treble penalty is clear and explicit under Act 9 of
1989. 65 P.S. 47(13); 65 P.S. 409(c). Therefore, as to the
receipt of the private pecuniary benefit of $319.00 by Choura
consisting of the reimbursement for a non - expense as to an airline
ticket for the AASA convention in San Francisco, we direct
restitution of that amount to the governmental body, the District,
and in addition impose a treble penalty of $957.00 payable to the
State Treasury. The above action is warranted considering the
egregious nature of Choura's conduct. Choura, however, asserts
that the foregoing occurred because of "bad bookkeeping on his part
... ". Fact Finding 64. We find such a ludicrous statement to be
totally lacking in credibility considering the effort that was
expended by Choura as to these trips in contriving to submit
Choura, 93- 030 -C2
Page 21
reimbursements for bogus airline tickets.
We find it most disturbing that a public official who serves
as a School Board Member would not only violate the public's trust
under the Ethics Law but further take money for his personal
benefit which could otherwise be used for the educational needs of
the children of the District. For every dollar that Choura
improperly and illegally pocketed, that was one less dollar which
could be used for the purchase of a textbook or for some program or
service that could be offered by the District. The Preamble of the
Ethics Law provides that "public confidence in government can best
be sustained by assuring the people of the impartiality and honesty
of public officials... ". "Any effort to realize personal financial
gain through public office other than compensation provided for by
law is a violation of that trust ". We find that the actions of
Choura were in a callous disregard of public office and an affront
to both the taxpayers and the children of the District. Helsel,
Order 801.
Because of the egregious nature of this case and the possible
implication of other civil or criminal laws, we will refer this
matter to the appropriate law enforcement authority.
I4. CONCLUSIONS OF LAW:
1. Jeff Choura as a Chartiers Valley School Director, Allegheny
County is a public official subject to the provisions of Act
170 of 1978 as reenacted and amended by Act 9 of 1989.
2. Choura violated Section 3(a) of Act 170 of 1978 by obtaining
reimbursements for bogus airline tickets as to educational
conferences /conventions in New Orleans during March 1988, in
Orlando, during March 1989 and in Anaheim, April 1989.
3. Choura violated Section 3(a) of Act 9 of 1989 when he received
a private pecuniary benefit of a $319.00 reimbursement for a
bogus airline ticket for an educational conference in San
Francisco in February, 1990.
4. The private pecuniary benefit received by Choura in violation
of Section 3(a) of Act 9 of 1989 amounted to $319.00.
•
5. Choura did not violate Section 3 (a) of Act 170 of 1978 and Act
9 of 1989 regarding reimbursements for submitted expenses for
meals based upon an insufficiency of evidence.
6. Choura violated Section 3(a) of Act 170 of 1978 when he used
public office to obtain a financial gain other than
compensation provided by law as to the purchase of a T -shirt
for which he claimed and received reimbursement as a meal
expense.
In re: Jeff Choura File Docket: 93- 030 -C2
Date Decided: 09/12/94
Date Mailed: 09/21/94
ORDER NO. 942
1. Choura as the Chartiers Valley School Director violated
Section 3(a) of Act 170 of 1978 by obtaining reimbursements
for bogus airline tickets as to educational conferences/
conventions in New Orleans during March 1988, in Orlando
during March 1989 and in Anaheim, April 1989.
2. Choura violated Section 3(a) of Act 9 of 1989 when he received
a private pecuniary benefit of a $319.00 reimbursement for a
bogus airline ticket for an educational conference in San
Francisco, February, 1990.
3. Choura did not violate Section 3(a) of Act 170 of 1978 and Act
9 of 1989 regarding reimbursements for submitted expenses for
meals based upon an insufficiency of evidence.
4. Choura violated Section 3(a) of Act 170 of 1978 when he used
public office to obtain a financial gain other than
compensation provided by law as to the purchase of a T -shirt
for which he claimed and received reimbursement as a meal
expense.
5. Choura is directed within thirty (30) days of the date of
issuance of this order to make restitution to Chartiers Valley
School District through this Commission in the amount of
$319.00.
6. Choura is directed within thirty (30) days of the issuance of
this order to pay a treble penalty in the amount of $957.00
though this Commission to the State Treasury.
7. Failure to comply with the provisions of Paragraphs 5 and 6
will result in the institution of an order enforcement action
by this Commission.
8. This matter will be referred to the appropriate law
enforcement authority.
BY THE COMMISSION,
IR
Commissioner Austin M. Lee abstained as to the decision of this
matter.