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HomeMy WebLinkAbout943 RakowskyIn Re: Stanley Rakowsky Before: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 File Docket: 93- 071 -C2 Date Decided: 09/12/94 Date Mailed: 09/21/94 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 a possible violation of the State Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 et sea. 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 filed and a hearing was held. 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 §21.29(b). The files in this case will remain confidential in accordance with Act 9 of 1989, 65 P.S. §408(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. §409(e). Confidentiality does not preclude discussing this case with an attorney at law. Rakowskv, 93- 071 -C2 Page 2 I. ALLEGATION: That Stanley Rakowsky, a public employee, in his capacity as Superintendent of the Clearfield Area School District, violated the provisions of the Public Official and Employee Ethics Law (Act 170 of 1978 as amended by Act 9 of 1989) when he directed school personnel to perform various personal projects while on District time. Section 3. Restricted Activities (a) No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 P.S. §403 (a) . II. FINDINGS: 1. Robert J. Caruso is the Deputy Executive Director /Director of Investigations of the State Ethics Commission. a. The case before the State Ethics Commission regarding Rakowsky was initiated pursuant to the Executive Director's "own motion," based upon information received. 2. Dealyn Reitmeyer is employed as a Secretary for the Clearfield Area School District, having served in that capacity since August, 1982. a. Reitmeyer also serves as Assistant Secretary to the School Board. b. Reitmeyer was Secretary to Rakowsky for the nine years preceding his departure from Clearfield Area School District. c. Reitmeyer did work for Rakowsky that was related to Rakowsky's community activities. (1) Reitmeyer did secretarial work for Rakowsky for the following 'organizations/bodies: Lion's - Club, Bloomsburg University Council of Trustees; Clearfield Educational Foundation; Clearfield County Regional Chapter of the Pennsylvania Sports Hall of Fame; North Schuykill Football Hall of Fame; and the North Schuykill Halftime Club. (2) Reitmeyer did Treasurer's work for Rakowsky for the Clearfield Lawrence Township Joint Airport Authority. Rakowsky, 93- 071 -C2 Page 3 (3) Reitmeyer states that the various organizations had their own letterhead which was supplied for the work she did. d. Reitmeyer did work for Rakowsky for Rakowsky's educational courses at Penn State University, Indiana University and Nova University. (1) Most of this work consisted of typing papers for Rakowsky's classes. (2) This work was done by Reitmeyer in the School facilities where Reitmeyer worked. g. (3) This work was prepared using the typewriter at Reitmeyer's desk. (a) Rakowsky supplied the majority of paper for these projects. (4) All of this work was done during the course of the day intermingled with the work Reitmeyer was doing for the School District. e. Reitmeyer worked on Rakowsky's resume. (I.D. 1). (1) This work was done at the School while Reitmeyer was at work. (2) Reitmeyer initially stated that this work was done on her own time, but subsequently stated that it "would have been done not necessarily on school time." (a) Reitmeyer estimates this work took from a half day to a full day. (3) Rakowsky supplied the paper for the duplication of his resume, however, School District equipment was utilized for the duplication. • f. Reitmeyer states that her work for the School District was always done and done in a timely manner. (1) Reitmeyer states that her work for Rakowsky's community activities, educational courses, and resume also got done. Reitmeyer never refused to do any of Rakowsky's personal work. Rakowsky, 93- 071 -C2 Page 4 (1) Reitmeyer believed that because Rakowsky was her Supervisor, it was her responsibility to do what she was told to do. h. Reitmeyer did personal work for Rakowsky on a continuing basis from the late 1980's until Rakowsky left the Clearfield Area School District. (1) Reitmeyer estimates that she spent two hours each week doing personal work for Rakowsky. i. In approximately December of 1992, Reitmeyer met with Letitia Ogden, who was the new School Board President at the time. (1) Ogden indicated that she was going to make it known that there was a lot of personal work being done on School District time. (2) Reitmeyer assured Ogden that from that point on, Reitmeyer would make sure that such personal work was done on Reitmeyer's lunch or break time or before or after work. (3) Reitmeyer states that following this conversation with Letitia Ogden, the personal work which Reitmeyer did for Rakowsky was not done on school time. During her work day, Reitmeyer is entitled to a lunch break and a "duty- free" break. (1) The lunch break was for one hour until some point in 1992 when it changed to half an hour at the secretaries' request. (2) The "duty - free" break is for one half hour. k. Reitmeyer did not take a definite half hour "duty -free" break as did the other secretaries, except to participate in office birthday celebrations. 1. Reitmeyer states that because she did not take the "duty - free" break with the other secretaries it would be fair to say that her "duty- free" break time would apply to the personal typing she did for Rakowsky. (1) Reitmeyer stated that it is possible that the personal work she did for Rakowsky extended beyond the break period. Rakowsky, 93- 071 -C2 Page 5 m. Reitmeyer states that there was no time that this typing she did during her breaks created a problem as far as the School's work. n. Reitmeyer did not do any typing for Rakowsky after July 1, 1993. o. Rakowsky never paid Reitmeyer for any of the work that Reitmeyer did for him. 3. David Bailey is the administrative assistant to the Superintendent of the Clearfield Area School District, having served in this capacity since 1984. a. Bailey works in the Superintendent's office. b. Bailey worked closely with Dealyn Reitmeyer. (1) Bailey generally knew what work Reitmeyer was doing for Rakowsky. (2) Bailey had occasion to see the work that Reitmeyer was doing at her desk and work station. c. Reitmeyer did work for Rakowsky related to various civil organizations and boards, that was not related to School District business. (1) Staff of the Clearfield Area School District are encouraged to become involved in the community. (2) Generally, such community involvement may not conflict with School District work or operations. (a) The School Board did support the involvement of Rakowsky and Bailey with Lock Haven University, even though it required time during the day and some minor travel. d. Rakowsky got a Masters Degree at Penn State University and worked on a doctorate at Penn State University, Indiana University, and later Nova University. (1) Reitmeyer did work for Rakowsky related to his educational course work at these universities, such as his thesis at Penn State University and papers for his course work at Indiana University and Nova University. (a) Bailey observed that there were proofread and marked copies of this work on Reitmeyer's desk Rakowskv, 93- 071 -C2 Page 6 for her to do. (b) Bailey initially recalled that this work was done on School District time, but subsequently stated he did not know if Reitmeyer did the work on her own time. e. There were times that Bailey was concerned that Rakowsky's personal projects might take priority over Reitmeyer's work on School District matters. (1) It sometimes took Reitmeyer longer to complete the Board minutes or letters after the Board meetings than it might have otherwise taken her, because she was doing other types of work. (2) No critical deadlines for School District work were missed. f. After Rakowsky left the School District, Reitmeyer processed her School District work more quickly. g. Reitmeyer worked on Rakowsky's resume while Rakowsky was completing his final year as Superintendent for the Clearfield Area School District. h. At times, Reitmeyer appeared to Bailey to be overwhelmed and frustrated by the volume of her work which included personal work for Rakowsky. (1) Occasionally, Reitmeyer commented to Bailey regarding all of the work that she had to do. (2) At times Bailey observed Reitmeyer working in the office at night to finish up a project. i. Bailey pursued further education while employed by the Clearfield Area School District. (1) Bailey did his own typing for his course work. 4. Patricia P. Smith is the Superintendent for the Clearfield Area School District, having served in that capacity since July, 1993. a. Prior to becoming Superintendent, Smith was the Supervisor of Curriculum and Instruction for the Clearfield Area School District. b. The School Board encourages administrators to pursue educational advancement. Rakowskv, 93- 071 -C2 Page 7 (1) The School District has a policy for reimbursing tuition. c. Any use by an administrator of School District personnel, facilities, equipment or supplies for furthering education or for community activities would be unauthorized. d. While Rakowsky was Superintendent, Smith observed work related to community activities on secretaries' desks. 5. Betsy D. Long is a former School Director and School Board President for the Clearfield Area School District, having served on the Board from September, 1979 to December, 1991. a. The School District encouraged but did not require the faculty and administrators to participate in community affairs. (1) Rakowsky's involvement in these groups was not at the School Board's direction but was of his own volition. (2) Rakowsky's activities with these organizations would be considered his private activities. b. The School District encouraged faculty and administrators to further their education. (1) The School District provided reimbursement for credits and payment increments according to credits. c. To Long's knowledge there was never any granting of permission to Rakowsky to use School District facilities or personnel for his community and educational pursuits. d. There is no provision in the with Rakowsky which would School District personnel, supplies for his community FJursuits (I.D. 4, I.D. 5). School District's contracts authorize Rakowsky to use facilities, equipment, or activities or educational (1) These contracts contained various references to the School District's contract with its professional employees. (a) Long is unaware of any District's contracts employees which would any School District provision in the School with its professional permit Rakowsky to use personnel, equipment, Rakowsky, 93- 071 -C2 Page 8 e. Any work that Reitmeyer would do for Rakowsky regarding Rakowsky's community activities or educational pursuits would be considered unauthorized by the School District. f. Rakowsky participated on the Clearfield Hall of Fame Board. g. facilities or supplies for his community activities or educational pursuits (I.D. 2, I.D. 3) . On one occasion when Long was in the office to see Rakowsky, Reitmeyer stated that she was doing work for the Clearfield Hall of Fame. 6. Letitia Ogden is a former School Director and President of the School Board for the Clearfield Area School District, having served on the Board from December, 1989 to December, 1993. a. Ogden was President of the School Board from December, 1991 to December, 1993. b. Rakowsky was never directed or required by the School Board to participate in community activities. (1) The School Board encourages but does not require its employees to be active and contribute to the community. c. The School District provides some reimbursement for furthered education. d. There is no School Board policy or any provision in the School District's contract with Rakowsky that would permit Rakowsky to use School District personnel, supplies, equipment or facilities for any personal endeavors. (1) Some of the provisions of the contracts between the Clearfield Area School District and the Clearfield Education Association were applicable to Rakowsky through his contract (I.D. 2, I.D. 3). (a) There are no provisions in these contracts that would permit Rakowsky to use School District personnel, time, facilities, equipment or supplies for his personal activities, whether community activities or educational activities. e. The use of School District facilities, equipment or Rakowskv, 93- 071 -C2 Page 9 personnel by Rakowsky for private activities would be considered unauthorized by the School board. f. Ogden personally observed materials on Reitmeyer's desk and computer related to Rakowsky's personal activities such as community work and school work. (1) Ogden made these observations during the School District's regular working hours. (2) Ogden made these observations prior to February, 1992, at times when she was in the central office during her service as a School Director. g. On February 20, 1992, Ogden met with Reitmeyer at Reitmeyer's request. (1) Ogden told Reitmeyer that in the future, Reitmeyer should not do typing for Rakowsky on matters not related to the School District while Reitmeyer is on School District time. 7. Daniel M. Bender is a Special Investigator for the State Ethics Commission. a. During the course of the State Ethics Commission's investigation of Rakowsky, Rakowsky told Bender that Reitmeyer did secretarial work for Rakowsky's community activities. (1) Rakowsky indicated that the time spent by Reitmeyer on this work was not recorded. (2) Rakowsky indicated that this work was done by Reitmeyer in conjunction with School District assignments. (3) Rakowsky indicated that this work was done by Reitmeyer at the School District office using School District facilities and equipment. b. Rakowsky told Bender that Reitmeyer worked on some class papers for Rakowsky's courses at the various universities listed on Rakowsky's resume. c. Rakowsky told Bender that the School Board actively encouraged him to participate in community service and educational endeavors. d. As of July 1, 1993, Rakowsky was no longer effectively the Superintendent for the Clearfield Area School Rakowsky, 93- 071 -C2 Page 10 District. 8. Ronald Porter is a School Director and Vice President of the School Board for the Clearfield Area School District, having served on the School Board from 1988 through 1990 and from December, 1993 to the present time. a. The School Board encourages but does not require the Superintendent, other administrators, and the faculty to be involved with the community. (1) Respondent's Exhibit 2 is a formal School Board policy encouraging teachers /staff to participate in community activities. b. Porter has no knowledge of Rakowsky's community activities interfering with his work as Superintendent for the Clearfield Area School District. (1) Porter was involved in some of these community activities with Rakowsky. c. The School Board encourages further education. (1) Respondent's Exhibit 4 is a formal Board policy setting forth professional growth guidelines for further education by administrators. (2) Respondent's Exhibit 4 does not authorize an administrator to use School District personnel, time, facilities, supplies or equipment for the administrator's further education. d. Porter is aware of Rakowsky's educational endeavors at Penn State University, Indiana University and Nova University. (1) During Porter's tenure as School Director, there were no objections to Rakowsky taking educational courses. e. Respondent's Exhibit I is a formal School Board policy regarding, inter alia, the Superintendent's duties with regard to enabling School District students to access institutions of higher education. f. Respondent's Exhibit 3 is a formal School Board policy for payment of the actual and necessary expenses, including travel expenses, of any administrator of the School District which expenses are incurred in the course of performing services for the School District. Rakowskv, 93- 071 -C2 Page 11 g. With regard to Rakowsky's connection with the Clearfield Educational Foundation, the School Board voted to permit Rakowsky and Bailey to participate on School District time in bringing Lock Haven University into Clearfield. (1) The School Board unanimously approved reimbursing expenses related to the Lock Haven project, including phone calls, mileage, meals, and time spent by Rakowsky out of the School District. (2) The Board did not expressly authorize Rakowsky to use his School District secretary or School District facilities or equipment for the Lock Haven project. (a) Investigative Division Exhibit 14 consists of the minutes of the January 23, 1989 meeting of the Clearfield Area Board of School Directors. (1) These minutes reflect the work that Rakowsky was authorized by the School Board to do in connection with getting Lock Haven University into Clearfield. (2) There is nothing in these minutes authorizing Rakowsky to use his secretary at the School District or the facilities or equipment of the School District in connection with this particular activity. (b) Porter feels that Rakowsky was entitled to use School District time and whatever else he needed to get Lock Haven into Clearfield. h. During Porter's tenure as School Director, he was not aware of any problems of work not being done in a timely fashion in the office of the Superintendent. i. There were no complaints made to Porter with regard to particular work being done in Rakowsky's office. 9._ Donna L. Scott is a School Director and the current President of the School Board for the Clearfield Area School District. a. Scott has been a Member of the School Board since 1985. b. Scott has been President of the School Board since December, 1993. c. The School Board encourages the administrators to be involved with civic organizations. Rakowsky, 93- 071 -C2 Page 12 d. The School Board has a policy which encourages the administrators to further their education. e. The School Board formally approved the involvement of Rakowsky and another administrator (Bailey) in bringing Lock Haven University to Clearfield. (1) The Motion approved by the Board in this regard dealt strictly with Lock Haven University. f. Scott is not aware of any problems with work getting done in a timely fashion in Rakowsky's office during Scott's service as School Director. 10. At all times relevant hereto, Stanley Rakowsky (Rakowsky) was a public employee subject to the provisions of the Public Official and Employee Ethics Law. a. Rakowsky was employed as the Principal of the District High School from December, 1976 through March, 1984. b. Rakowsky served as the Superintendent of the Clearfield Area School District (District) from March, 1984 until July 1, 1993. c. Rakowsky was on sabbatical leave from the District from July 1, 1993 until February 16, 1994. d. Rakowsky is presently the Superintendent of the Shenandoah Valley School District, having commenced as acting Superintendent in February, 1994. e. At all times relevant hereto, the District had a policy whereby employees were encouraged to participate in community activities such as the Annual Clearfield County Fair, Lions Club, Rotary, Firemen, Garden Club, Kiwanis, Veterans Organizations, Church of Choice, and the Boy /Girl Scouts. f. Board Policy #800, enacted March 23, 1987, states that the "Clearfield Area School Board strongly desires to encourage wholesome youth and civic activities which - contribute directly to the development of the democratic process and a free society. Accordingly, the Board shall make the public schools generally available for community activities. The use of public school facilities and grounds outside of school hours shall be granted for worthwhile educational, recreational, civic and cultural activities to the fullest extent possible under the law, so long as these activities do not interfere with the regular school program and are conducted within the rules Rakowakv, 93- 071 -C2 Page 13 g• and regulations." Rakowsky was actively involved in many community activities during his tenure as Superintendent of the Clearfield Area School District. (1) Rakowsky states that there was no objection ever made to him by any Member of the School Board with regard to Rakowsky's work with these various community organizations. h. At all times relevant hereto, the District did not have a policy authorizing its employees to be utilized by civic or community groups during normal business hours in direct conflict with their duties and obligations to the district. i. Dealyn Reitmeyer ( Reitmeyer) was the personal secretary of Rakowsky from August, 1982 , through July 1, 1993. (1) Rakowsky gave Reitmeyer her daily work assignments. (2) Reitmeyer currently is employed by the District. Reitmeyer did work for Rakowsky's community activities while Reitmeyer was at the School District facilities using School District equipment. k. Records were not kept identifying the amount of time spent by Reitmeyer performing personal work for Rakowsky relating to his work with community and civic organizations. 1. Rakowsky states that to the best of his knowledge, no correspondence or minutes were typed on Clearfield Area School District equipment for the Bloomsburg University Council of Trustees. (1) Rakowsky states that these minutes were typed by the secretary at the University's President's office. m. Reitmeyer typed minutes for the Clearfield Educational Foundation, but Rakowsky states that to the best of his knowledge, this work was done on Reitmeyer's break time or personal time. (1) Reitmeyer states that this work never took priority over School District work. n. Reitmeyer typed a newsletter for the Lion's Club for Rakowsky, 93- 071 -C2 Page 14 which she was paid a nominal fee by the Lion's Club. (1) Reitmeyer typed this newsletter while at the school. (2) Rakowsky states that this typing was done on Reitmeyer's own time. o. Reitmeyer does monthly typing for the American Legion Post of Clearfield, but Rakowsky states that this typing was not done for Rakowsky but was done at the request of the then Vice - President and Commander of the Legion. (1) Rakowsky states that Reitmeyer probably asked Rakowsky if she could do this work and Rakowsky authorized it. P• q. When Rakowsky was Treasurer of the Clearfield Lawrence Township Joint Airport Authority, Reitmeyer reconciled the Authority's bank books while she was at the school. Reitmeyer mailed items related to Rakowsky's community organizations. (1) Rakowsky states that School District postage was not used for these mailings by Reitmeyer. r. While serving as Superintendent of the Clearfield Area School District, Rakowsky pursued further education at Penn State University, Indiana University of Pennsylvania, and Nova University. (1) Rakowsky attended the Pennsylvania State University on a part -time basis between 1978 and 1988. He was enrolled in a Doctoral Degree Program, but did not complete it. (2) Rakowsky attended Indiana University of Pennsylvania on a part -time basis between 1990 and 1992. He did not complete any degree program. (3) Rakowsky has been enrolled id Nova University's National Education Doctoral Program since February, 1993. (a) Rakowsky attended Nova University while employed by the District for a period of approximately one (1) year and one month, February, 1993 through February, 1994. (b) Nova University offers a three year Doctorate Rakowsky, 93- 071 -C2 Page 15 of Education Degree. (c) Rakowsky has not completed this degree program. (4) Rakowsky states that there were no objections to his furthering his education by attending these universities. s. Rakowsky had Reitmeyer type Rakowsky's class papers while Reitmeyer was at the school. (1) Records were not kept identifying the amount of time spent by Reitmeyer performing personal work for Rakowsky relating to the Pennsylvania State University. (2) Rakowsky states that if there was School District work that was more pressing, it was done before Reitmeyer did Rakowsky's class papers. t. There is nothing in Rakowsky's contracts with the Clearfield Area School District which would permit him to use the School District's secretarial staff, facilities, equipment or supplies for Rakowsky's community activities. u. There is nothing in the Clearfield Area School District's contracts with the Clearfield Education Association that would authorize Rakowsky to use the School District's secretarial staff, facilities, equipment or supplies for personal use. v. Rakowsky is unaware of any School District policy or directive, or any action by the School Board, that would authorize Rakowsky to use the School District's personnel, facilities, equipment or supplies for Rakowsky's community activities or educational pursuits. w. Rakowsky states that there was no objection raised by any Member of the Clearfield School Board with regard to his use of Reitmeyer for typing. (1) Rakowsky states that no one from the School Board ever told him not to use Reitmeyer for any typing. x. Rakowsky states to the best of his knowledge, the typing by Reitmeyer for Rakowsky's non - School District matters was done on Reitmeyer's own time. (1) Rakowsky states that this work may have been done Rakowakv, 93- 071 -C2 Page 16 y• during the school day, but that to the best of his knowledge, it was done in the time allowed Reitmeyer for breaks, which breaks she typically did not take. If Reitmeyer had not done typing for Rakowsky' community activities and educational course work, Rakowsky would have had to hire someone to do this work. (1) In the past, Rakowsky did have to hire people to do such work for him. z. Rakowsky states that any work by Reitmeyer was in regard to community and civic activities and the educational advancement of Rakowsky as superintendent of schools. aa. Rakowsky made no reimbursement to the District for any of the time spent doing Rakowsky's personal work while on District time. bb. Rakowsky did not pay Reitmeyer for the work Reitmeyer did for Rakowsky's community activities or educational course work. cc. Rakowsky was the Respondent of a prior Order of the Commission, Order No. 744, wherein Rakowsky was directed to desist from utilizing School District property and personnel for his own personal purposes. (1) This Order was issued on March 30, 1990. (2) As a result, Rakowsky was on notice that such utilization of public employees for personal purposes was a violation of the Ethics Law. III. DISCUSSION: (1) Rakowsky states that he gave Reitmeyer a Christmas gift in excess of what he would give to anyone else. As Superintendent of the Clearfield Area School District, Stanley Rakowsky, hereinafter Rakowsky, was a public employee as that term is defined under Act 9 of 1989. 65 P.S. §402. As such, his conduct was subject to the provisions of the Ethics Law and the restrictions therein were applicable to him. Initially, it is noted that Section 9 of Act 9 of June 26, 1989 provides, in part, as follows: Rakowsky, 93- 071 -C2 Page 17 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 after the effective date of Act 9 (June 26, 1989), we must apply the provisions of Act 9 to determine whether the Ethics Act was violated. Under Section 3(a) of Act 9 of 1989 quoted above, a public official /employee shall not engage in conduct that constitutes a conflict of interest. The term "conflict of interest" is defined under Act 9 of 1989 as follows: 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 or his immediate family or a business with which he or a member of his - - immediate family is associated. 65 P.S. §402. The question before us is whether Rakowsky as Superintendent of the Clearfield Area School District violated Section 3 (a) of Act 9 of 1989 when he directed School District personnel to perform various personal projects for him on School District time. Factually, Rakowsky served as the Superintendent of the Clearfield Area School District from March, 1984 until July 1, Rakowskv, 93- 071 -C2 Page 18 1993. Rakowsky was on sabbatical leave from the School District from July 1, 1993 until February 16, 1994. In February, 1994, Rakowsky commenced employment with the Shenandoah Valley School District where he continues to serve as Superintendent. The Clearfield Area School District encourages (but does not require) its administrators and other staff to participate in community activities. While serving as Superintendent of the Clearfield Area School District, Rakowsky actively engaged in many community activities for such organizations /bodies as the Lion's Club, the Bloomsburg University Council of Trustees, the Clearfield Educational Foundation, the Clearfield County Regional Chapter of the Pennsylvania Sports Hall of Fame, the North Schuykill Football Hall of Fame, the North Schuykill Halftime Club, and the Clearfield Lawrence Joint Airport Authority. The Clearfield Area School District also encourages its administrators and staff to pursue further education. While serving as the Superintendent of the Clearfield Area School District, Rakowsky pursued further education, including doctoral work at Penn State University, Indiana University of Pennsylvania, and Nova University. Although the School District encourages its administrators and staff to engage in community activities and to seek further education, at all times relevant to this case, the School District did not have any policy, official action, or contractual agreements that would authorize or permit Rakowsky to use the School District's secretarial staff, facilities, equipment or supplies for Rakowsky's community activities or educational pursuits. The sole exception was one particular Motion approved by the School Board for one particular project. Specifically, the Board authorized Rakowsky and another administrator, David Bailey, to participate in an effort to get Lock Haven University into Clearfield even though that work would require some time during the school day and some expenses which the School District agreed to reimburse (Findings 3c, 8g, 9e). The Motion approved by the Board in this regard dealt solely and strictly with the Lock Haven University project. Dealyn Reitmeyer was Rakowsky's personal secretary at the School District from August, 1982 through July 1, 1993. Rakowsky gave Reitmeyer her daily work assignments. Among the work which Rakowsky gave to Reitmeyer, and which Reitmeyer did for Rakowsky during the school day at the School District facilities, was work pertaining to Rakowsky's community activities, educational course work, and resume (Findings 2, 3c -d, 5g, 6e, 10j -q, 10s). Reitmeyer did personal work for Rakowsky on a continuing basis from the late 1980's until Rakowsky left the Clearfield Area School District (Finding 2h). Reitmeyer never refused to do any of Rakowsky's personal work. Reitmeyer believed that because Rakowsky Rakowsky, 93- 071 -C2 Page 19 was her Supervisor, it was her responsibility to do what he told her to do (Finding 2g). It is undisputed that in performing the aforesaid work related to Rakowsky's community activities, educational course work and resume, Dealyn Reitmeyer worked at the School District's facilities using School District equipment. The School District equipment which was used included, at the very least, the typewriter and /or computer at Reitmeyer's desk and the School District copier (Findings 2d -e, 6f, 10m, 10 o, 10s, 10x). There are no records of the amount of time spent by Reitmeyer working on Rakowsky's community activities and educational course work (Findings 10k, 10s). Reitmeyer estimated that she spent two hours per week doing Rakowsky's personal work. As for Rakowsky's resume, Reitmeyer estimated that this work took from a half day to a full day (Finding 2e). In approximately December of 1992, Reitmeyer met with Letitia Ogden, who was the new School Board President at that time, during which meeting Reitmeyer assured Ogden that from that point on, Reitmeyer would make sure that such personal work was done on her lunch or break time or before or after work (Findings 2i, 6g). During her work day, Reitmeyer was entitled to a lunch break and a "duty- free" break. The lunch break was one hour in length until some point in 1992, when it changed to half an hour. The "duty- free" break was for one half hour. (Finding 2j). Reitmeyer did not ordinarily take the "duty- free" break as did the other secretaries (Findings 2k, 10x). Reitmeyer felt that because she did not take the "duty- free" break, her break time could apply to the personal typing she did for Rakowsky (Finding 2 1). Reitmeyer acknowledged that it was possible that the personal work she did for Rakowsky extended beyond her break periods (Findings 2h, 2 1). Rakowsky stated that although his personal work may have been done during the school day, to the best of his knowledge, it was done in the time allowed for Reitmeyer to take these breaks which she typically did not take (Finding 10x). Rakowsky acknowledges that if Reitmeyer had not done this typing for his community activities and educational course work, he- would have had to hire someone else to do it. Rakowsky acknowledges that in the past, he did have to hire people to do such work for him. (Finding 10y). Rakowsky did not pay Reitmeyer for this work, and Rakowsky made no reimbursement to the School District for any time which may have been spent doing his personal work on School District time (Findings 2 o, 10aa -bb). Finally, we note the fact that this is the second time that Rakowsky has been the Respondent in a matter before this Commission Rakowsky, 93- 071 -C2 Page 20 involving this sort of allegation. On March 30, 1990, Order No. 744 was issued to Rakowsky directing him to desist from utilizing School District property and personnel for his own personal purposes. In applying the Ethics Law to the above facts, we note that although the Clearfield Area School District encouraged its administrators and other staff to be involved in the community and to pursue further education, these activities were certainly not authorized to be done at the expense of the School District. It is clear that the elements for a violation of Section 3(a) have been established in this case. Rakowsky did in fact use the authority of his public position when he assigned personal work related to his community involvement, educational course work, and resume to his School District secretary, Dealyn Reitmeyer. Rakowsky so used the authority of his public position for a private pecuniary benefit which consisted of the use of the School District's facilities and equipment. By making use of the School District's typewriter and /or computer at Reitmeyer's office desk and the School District copier, Reitmeyer avoided having to pay commercially for the use of such equipment. See Freind, Order No. 800. However, there is insufficient evidence to enable the Commission to quantify the private pecuniary benefit to Rakowsky from this use of the School District's facilities and equipment. With regard to the use of the School District's staff time, we find that there is insufficient evidence to establish that the personal work for Rakowsky was done on School District time. There are no records of the time spent by Reitmeyer on these personal projects. Reitmeyer estimated that she spent two hours each week doing such personal work for Rakowsky. However, Reitmeyer also testified that she did not normally take her "duty- free" breaks which would typically amount to two and one half hours each week. Thus, the break time due Reitmeyer exceeded the estimated time that she spent on Rakowsky's personal work. This break time was time during which Reitmeyer was not required to perform School District work. The fact that Rakowsky has violated Section 3(a) of Act 9 of 1989 with regard to the use of School District facilities and equipment for his personal projects is inexcusable. This is the second instance that this Respondent has been before this Commission for this same sort of conduct. On March 30, 1990, this Commission issued Order No. 744 to Rakowsky directing him to desist from utilizing School District property and personnel for his own personal purposes. Our Order to Rakowsky was clear and could not possibly have been misunderstood given Rakowsky's education and background. Evidencing his complete disregard for the Ethics Law, Rakowsky continued to utilize the Clearfield Area School District's property for his own personal purposes until the time he left the Rakowsky, 93- 071 -C2 Page 21 School District in 1993. Were we able to quantify the private pecuniary benefit Rakowsky received in this case as a result of his use of School District facilities and equipment for his community work, educational course work and resume, we would order that he pay restitution to the School District. Given that we are unable to so quantify the private pecuniary benefit, this Order is limited to finding that, once again, Rakowsky has violated Section 3(a) of the Ethics Law. 17. CONCLUSIONS OF LAW: 1. As Superintendent of the Clearfield Area School District, Stanley Rakowsky was at all times relevant to this case a public employee subject to the provisions of the Ethics Law. 2. A violation of Section 3(a) of the Ethics Law, Act 9 of 1989, occurred when Stanley Rakowsky used School District facilities and equipment for his own personal purposes. 3. A violation of Section 3(a) of the Ethics Law, Act 9 of 1989, did not occur when Stanley Rakowsky used a School District secretary for his own personal projects, based upon an insufficiency of evidence that the work was done on School District time. 4. Restitution will not be ordered based upon an insufficiency of evidence to quantify the private pecuniary benefit to Rakowsky which resulted from his violation of Section 3(a) of the Ethics Law. In Re: Stanley Rakowsky File Docket: 93- 071 -C2 Date Decided: _09/12/94 Date Mailed: 09/21/94 ORDER NO. 943 1 A violation of Section 3(a) of the Ethics Law, Act 9 of 1989, occurred when Stanley Rakowsky used School District facilities and equipment for his own personal purposes. 2. A violation of Section 3(a) of the Ethics Law, Act 9 of 1989, did not occur when Stanley Rakowsky used a School District secretary for his own personal projects, based upon an insufficiency of evidence that the work was done on School District time. 3. Based upon an insufficiency of evidence to quantify the private pecuniary benefit to Rakowsky, this Commission will take no further action. 4. Stanley Rakowsky is directed to desist from utilizing governmental facilities and equipment for his own personal purposes. BY THE COMMISSION, JAMES M. HOWLEY, CHAIR