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HomeMy WebLinkAbout1080 SchoafIn Re: James Schoaf STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 File Docket: X -ref: Date Decided: Date Mailed: 96- 085 -C2 Order No. 1080 4/30/98 5/11/98 Before: Daneen E. Reese, Chair Austin M. Lee, Vice Chair Allan M. Kluger - Boyd E. Wolff Julius Uehlein Louis W. Fryman This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 et seq., by the above - named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was not filed and a hearing was waived. The record is complete. A Consent Agreement was submitted by the parties to. the Commission for consideration which was subsequently approved. This adjudication of the State Ethics Commission will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date 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). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. 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. Schoaf, 96- 085 -C2 Page 2 I. ALLEGATION: That James Schoaf, a public official in his capacity as a member of the Belle Vernon School District Board of Directors, violated Sections 3(a) and 3(f) of the State Ethics Act (Act 9 of 1989) when he used the authority of his office for a private pecuniary benefit of himself and /or a business with which he is associated by participating in discussions, recommendations, and /or decisions of the district to award a contract for trash removal and /or the provision of dumpsters to a company with which he is associated; when said contract was issued without an open and public process; and when he participated in the approval of payments to his company, Schoaf Inc. II. FINDINGS: 1. James Schoaf has served as a member of the Belle Vernon Area School Board since December 6, 1993. 2. Schoaf is self- employed as the owner of a sanitation and refuse hauling business incorporated in the name of Schoaf, Inc. a. Schoaf's business is located at R.D. #2, Box 745, Belle Vernon, PA 15012. b. The business telephone number is (412) 684 -7338. 3. Schoaf filed Articles of Incorporation for Schoaf, Inc. with the Pennsylvania Department of State, Corporation Bureau on September 24, 1990. a. Incorporators are James A. Schoaf and Felicia A. Schoaf. 1. Felicia Schoaf is the wife of James Schoaf. c. James A. Schoaf is the chief executive officer. No other corporate officers are identified. 4. Prior to his election to the Belle Vernon School Board, Schoaf had a contract to haul the school district's trash. a. The district's trash hauling contract with Schoaf included all trash generated from the day to day operation of the district. b. The contract did not include trash left over or generated by construction or renovation projects. 5. On December 17, 1993, Schoaf sold the municipal /residential portion of his trash collection business to Kelly Run Sanitation Inc. a. Kelly Run Sanitation assumed all of Schoaf Sanitation customers including the Belle Vernon Area School District. b. Since that time Schoaf has limited his business to the rental and hauling of roll -off dumpster boxes. 6. Kelly Run Sanitation continued to provide trash hauling services for the district through the 1996 -1997 school year after which Vonger Sanitation (owned by Joseph Eorie) provided said services. Schoaf, 96- 085 -C2 Page 3 7. During 1994 and 1995 the district was involved with renovation projects which created a large amount of construction debris. a. This debris was not included as part of the district's regular hauling contract with Kelly Run Sanitation. 8. During a board executive session or work session held in the spring of 1994 the need for roll -off dumpster boxes to handle the construction debris was discussed. a. No record of this discussion was included as part of any meeting minutes from this time frame. b. Schoaf initially offered to provide the service to the district at a discounted rate. c. Schoaf was informed that the school code prohibited board members from having business dealings with the district. d. Schoaf then recommended that the board utilize Joseph Eori to provide the district with roll -off dumpster boxes on an as needed basis. 1. Schoaf advised the board members present that Eori was just getting started in business and would do a good job for the district. e. Superintendent Caruso, Solicitor Bialon, and board members St. Clair, Stringhill, Zundell, Jackson and Schoaf were present for the meeting. f. The district selected Joseph Eori based on Schoaf's recommendation. g. No board vote was taken on the matter. 9. The anticipated cost of the dumpster box service was not expected to exceed $10,000.00 so competitive bids were not required to be sought. a. Superintendent Caruso handled the service by way of purchase orders. b. No board vote was taken on the matter. 10. Joseph Eori did not request that he be given the dumpster box service. a. The action was taken based solely on Schoaf's recommendation.". b. Eori d /b /a Vonger Sanitation was an unsuccessful bidder for the trash contract with the school district. 11. No contractual agreement was entered into between the Belle Vernon Area School District and Joseph Eori for the rental of roll -off dumpster boxes. a. Eori never received notification that he was selected to provide the service. b. Schoaf was to notify Eori since he recommended Eori to the board. 12. The BVASD standard process for the acquisition of goods and /or services under a $10,000.00 limit is as follows: Schoaf, 96- 085 -C2 Page 4 a. A requisition is submitted to the districts superintendent for approval. After the superintendent's approve is obtained, a purchase order is generated. The purchase order number is then issued to the vendor. A signed invoice is then submitted to the accounts payable department for processing. The bill then gets put on the bill list for payment at the next meeting. b. When goods or services are obtained before the requisition or purchase order forms are completed, the word confirmation is written on the paperwork. 1. The word confirmation means that the goods or services were provided prior to proper district authorizations being obtained but that the service was provided. 13. On or about May 2, 1994, dumpster boxes were placed on school district grounds and serviced by James Schoaf d /b /a Schoaf, Inc. a. Dumpster boxes had Schoaf, Inc., markings on them. b. Joe Eori was not aware that Schoaf had placed the dumpster boxes at the school board. c. School district officials believed the boxes would be serviced by Joseph Eori. 14. Joseph Eori was not involved with delivering or servicing any dumpster boxes for the Belle Vernon Area School District. a. Schoaf did not discuss with Eori that he would be billing the school district for the dumpsters in the name of Joe Eori. 15. Orders for additional boxes and servicing were placed with James Schoaf by either District Superintendent Greg Caruso or Maintenance Director Joseph Muccino. S. Muccino reports directly to Superintendent Caruso. b. No orders were placed with Joseph Eori. 16. Superintendent Caruso was aware that the dumpster boxes provided to the school district were the property of Schoaf, Inc. a. Schoaf advised the school district that he was letting Eori use his dumpster boxes to help him get started in business. 17. Each time a dumpster box would be delivered to the school district, Schoaf or a representative of Schoaf Inc. would get signed agreements from district employees. a. District representatives who signed these agreements include Superintendent Gregory Caruso, Maintenance Director Joseph Muccino and building . principals James Bush and Raymond Ciferno. b. These agreements never went before the board for review or approval. c. District representatives signed these agreements believing that they were signing receipts for the boxes and not entering into a contractual relationship with Schoaf Inc. Schoaf, 96- 085 -C2 Page 5 18. The following agreements for roll -off dumpster boxes were entered into between Schoaf Inc. and the Belle Vernon Area School District in 1994 and 1995: a. Agreement Agreement District Schoaf Date Amount Approval Inc. 05/02/94 $700.00 Caruso J. Schoaf 06/07/94 $350.00 Caruso Jim Schoaf 06/20/94 $350.00 Muccino Jim Schoaf 06/21/94 $350.00 Muccino - Jim Schoaf 08/16/94 $350.00 Ciferno Jake (Schoaf) 08/17/94 $350.00 Muccino Jim Schoaf 08/19/94 $350.00 Muccino Jim Schoaf 09/02/94 $350.00 Muccino Jim Schoaf 08/22/95 $375.00 Bush Jim Schoaf 08/23/95 $375.00 Bush _. Jim Schoaf b. The Belle Vernon Area School District did not have a signed agreement with Schoaf Inc. for each and every roll -off box provided. 19. Agreements between Schoaf, Inc., and the BeIIe Vernon Area School District were entered into as follows: May 2, 1994: Two roll boxes at $350.00 each. Entered into between Schoaf, Inc., R.D. #2, Box 745, BeIIe Vernon, PA 15012, telephone number (412) 684 - 7388. Signed by J. Schoaf and Superintendent Gregory Caruso. June 7, 1994: One roll box at $350.00. Signed by Jim Schoaf and Gregory Caruso. June 21, 1994: One roll box at $350.00. Signed by Jim Schoaf and Maintenance Director Joseph Muccino. August 16, 1994: One roll box at $350.00 at Rostraver Elementary School. Signed by Jake (Schoaf) and R. Ciferno. August 19, 1994: One roll box at $350.00. Signed by Jim Schoaf and Joseph Muccino. September 2, 1994: One roll box at $350.00. Signed by Jim Schoaf and Joseph Muccino. August 22, 1995: One roll box at $375.00. Signed by Jim Schoaf and James Bush. August 23, 1995: One roll box at $375.00. Unsigned. 20. BeIIe Vernon Area School District financial records include the following invoices submitted under the name Joe Orrie or Joe Eori for payment due for roll -off dumpster service: Schoaf, 96- 085 -C2 Page 6 Invoice Invoice Invoice Invoice Date Name Number Amount 06/17/94 Joe Orrie 099 $1,791.30 06/27/94 Joe Orrie 103 $ 700.00 Undated Joe Eori Not Listed $ 700.00 Undated Joe Orrie 157 $ 350.00 08/23/95 Joe Eori Not Listed $ 750.00 $4,291.30 21. The invoices submitted by Schoaf in the name of Joe Orrie /Joe Eori listed a business address of R.D. #2, Box 745, Belle Vernon, PA 15012. a. This is the same mailing address used on Schoaf Inc. contracts with the district. b. R.D. #2, Box 745, Belle Vernon, PA 15012 is the business address of Schoaf, Inc., not Joe Eori or Vonger Sanitation. c. These invoices were submitted without the knowledge or consent of Joe Eori. 22. No contractual relationship existed between Joseph Eori d /b /a Vonger Sanitation and James Schoaf d /b /a Schoaf, Inc. in 1994 and 1995. 23. Joseph Eori did not authorize Schoaf to utilize his name in any form for business purposes. 24. Between June 27, 1994, and September 25, 1995, the BeIIe Vernon Area School District issued seven (7) checks to Joseph Eori for the rental of roll -off dumpster boxes. a. The first six (6) checks are made out to the spelling "Joe Orrie." b. The seventh check was made out to the spelling of "Joe Eori." 25. BeIIe Vernon Area School District (BVASD) issued seven (7) payments in the name of Joe Orrie /Joe Eori: Check No. Meeting Date Amount Payee 28422 06/27/94 $1,791.30 Joe Orrie 28694 08/22/94 $ 700.00 Joe Orrie 1 112 09/26/94 $ 350.00 Joe Orrie 29315 10/25/94 $ 700.00 Joe Orrie 1 124 10/25/94 $ 350.00 Joe Orrie 30054 01/23/95 $ 350.00 Joe Orrie 31786 09/25/95 $ 750.00 Joe Eori Total $4,991.30 26. The payments made payable to Joe Orrie /Joe Eori by Belle Vernon Area School District were based on six invoices and a school district purchase order. a. Invoices outlined in Finding No. 33, totaled $4,291.30. Schoaf, 96- 085 -C2 Page 7 b. Belle Vernon Area School District purchase order dated September 30, 1994, in the amount of $700.00 resulted in check number 29315 being issued in an amount of $700.00. 1. This purchase order covered agreements dated August 19, 1994, and September 2, 1994. 27. All seven (7) payments issued to Joe Eori /Joe Orrie were included with district monthly bill lists. a. Bill lists are voted on in their entirety. b. Bill lists are included with the board's monthly meeting packets. c. Meeting packets are provided to board members at their agenda meeting held the Thursday night before their regular monthly meeting held on the following Monday night. 28. Schoaf regularly reviewed bill lists with Business Manager Gigliotti to determine if payments due Joe Eori were included. a. Schoaf did not take this type of action with any other vendors. 29. Schoaf in his official capacity as a board member participated in board actions to ratify bill lists which included payments made to Joe Orrie or Joe Eori. Check No. Meeting Date Check Amount Board Vote Schoaf's Action 28422 06/27/94 28694 08/22/94 1112 09/26/94 29315 10/25/94 1124 10/25/94 30054 01/23/95 31786 09/25/95 Totals: 7 payments $1,791.30 $ 700.00 $ 350.00 $ 700.00 $ 350.00 $ 350.00 $ 750.00 $4,991.30 8 -0 -1 7 -2 7 -0 -2 7 -0 -2 7 -0 -2 8 -0 -1 8 -0 -1 Vote 0 2ndNote M MotionNote C93 2ndNote 0 Vote 2ndNote Vote District Fund C93 02600 0 District Funds payments made from: 0 - Operations Account M - Maintenance Account C93 - Capital 93 Account 02600 - Operations Account #2600 30. The bill list approved for check #1112, on September 26, 1994, identified the payment of $350.00, as being for Schoaf, Inc. This check was made payable to "Joe Orrie." a. 06- 4500 - 411 -00- 01000 was the account code given to the Schoaf Inc. bill. b. This account number was given to Schoaf Inc. by Business Manager Gigliotti prior to a Joe Eori invoice in the amount of $700.00 being submitted which generated check numbers 1 112 and 1 124. c. Schoaf reviewed the bill lists and told Business Manager Gigliotti that the spelling of the name on the billing was wrong, it should be made out to Joe Eori. Schoaf, 96- 085 -C2 Page 8 31. Belle Vernon Area School District's standard operating procedure is for checks to be mailed to their respective payees after board approval is obtained. a. This does not occur with payments addressed to Joe Orrie /Joe Eori. 32. Schoaf directed Gigliotti notify him when the checks issued to Joe Orrie /Joe Eori were ready. a. Schoaf then picked up the first six (6) checks, numbers 28422, 28694, 1112, 29315, 1 124 and 30054. b. The seventh check, number 31786, was mailed after Schoaf did not pick it up at the district offices. c. None of these checks were made payable to James Schoaf or Schoaf Inc. 33. The Belle Vernon Area School District will not give a check to anyone other than the stated payee absent a directive to do so. a. Schoaf directed that Gigliotti give him the checks issued to Joe Orrie /Joe Eori. b. Gigliotti complied with Schoaf's directive since Schoaf was a board member. 34. The first six checks issued by the BeIIe Vernon Area School District to Joe Orrie /Joe Eori were deposited by James Schoaf into a bank account at Charleroi Federal Savings Bank, which he controls. a. BeIIe Vernon Area School District check numbers 28422, 28694, 1112, 29315, 1124, and 30054 were deposited into Schoaf, Inc. account number 042910406 at Charleroi Federal Savings. b. James Schoaf is the sole signature for account number 042910406. 35. Charleroi Federal Savings Bank records for account no. 042910406 confirm that Schoaf deposited the six BVASD checks. BVASD Check No. Check Amount Date Deposited 28422 $1,791.30 28694 $ 700.00 1112 $ 350.00 29315 $ 700.00 1124 $ 350.00 30054 $ 350.00 TOTAL $4,241.30 36. The six checks deposited in Schoaf's account contained the following deposit information on the backside: 07/22/94 08/29/94 10/14/94 11/07/94 11/07/94 02/06/95 Total Deposit $2,332.30 $ 700.00 $5,350.00 $5,237.60 (Included) $ 350.00 Schoaf, 96- 085 -C2 Page 9 Check No. Payee Deposit Information 28422 Joe Orrie Joe Orrie (signed) pay to the order of Charleroi Federal Savings Bank, BeIIe Vernon, PA 15012 243373170 For Deposit Only Schoaf, Inc. 5042910406 (deposit stamp) 28694 Joe Orrie Joe Orrie (signed) Schoaf Inc. (signed) 1112 Joe Orrie Joe Orrie James Schoaf (signed) Pay to the order of Charleroi Federal Savings Bank, Belle Vernon, PA 15012 243373170 For deposit only Schoaf, Inc. 5042910406 (deposit stamp) 29315 Joe Orrie Joe Orrie (signed) Schoaf Inc. deposit stamp 1124 Joe Orrie Joe Orrie (signed) Schoaf Inc. deposit stamp 30054 Joe Orrie Joe Orrie (signed) Schoaf Inc. deposit stamp 37. The six checks outlined above contained the signature of Joe Orrie as one of the endorsers. a. Joe Orrie /Joe Eori did not endorse any of the six checks. b. James Schoaf endorsed the checks by signing Joe Orrie or Joe Eori. 38. BeIIe Vernon Area School District check number 31786 dated 09/26/95 in the amount of $750.00 payable to Joe Eori, R.D. #2, Box 745, Belle Vernon, PA 15012, was the last payment for the roll -off dumpsters. a. This check was cashed at the Elizabeth, Pennsylvania, branch of PNC Bank. 39. Belle Vernon Area School District check number 31786 was mailed to RD #2, Box 745, Belle Vernon, after Schoaf did not pick it up from Gigliotti. a. RD #2, Box 745, Belle Vernon, PA 15012 is the incorporated address of Schoaf, Inc. 40. No payments were made from the Schoaf Inc. account to Joe Eori from the monies Schoaf received from the district. 41. Schoaf made no payments, of any kind to Joe Eori as a result of checks issued to him in Eori's name by the BeIIe Vernon Area School District. Schoaf, 96- 085 -C2 Page 10 42. James Schoaf d /b /a Schoaf Inc. received $4,991.30 as a result of business dealings he had with the Belle Vernon Area School District during 1994 and 1995. a. Schoaf Inc. had documented landfill expenses of $3,897.69. b. Schoaf Inc. paid truck drivers $10.00 per hour for each 2.5 hour trip or $25 resulting in labor costs of $325. c. Schoaf Inc. had maintenance, insurance and fuel costs approximately $226.31 for the thirteen (13) round trips relating to the school district. 43. Schoaf's total profit or gain after expenses was $542.30. III. DISCUSSION: At all times relevant to this matter, the Respondent, James Schoaf, hereinafter Schoaf, has been a public official subject to the provisions of the Public Official and Employee Ethics Law ( "Ethics Law "), Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401, sea. The allegations are that James Schoaf, as a member of the Belle Vernon School District Board of Directors, violated Sections 3(a) and 3(f) of Act 9 of 1989 when he participated in decisions of the school district to award a contract for trash removal or the provision of dumpsters to a business with which he was associated; and when he participated in the approval of payments to his business, Schoaf Inc. on contracts which were in excess of $500 and were awarded without an open and public process. Pursuant to Section 3(a) of the Ethics Law, a public official /public employee is prohibited from engaging 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 of his immediate family or a business with which he or a member of his immediate family is associated. 65 P.S. §402. Schoaf, 96- 085 -C2 Page 11 Section 3(f) of Act 9 of 1989 provides: Section 3. Restricted activities 65 P.S. §403(f). (f) No public official or public employee or his spouse or child or any business in which the person or his spouse or child is associated shall enter into any contract valued at $500 or more with the governmental body with which the public official or public employee is associated or any subcontract valued at $500 or more with any person who has been awarded .a contract with the governmental body with which the public official or public employee is associated, unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the public official or public employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. Any contract or subcontract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of the making of the contract or subcontract. Section 3(f) of Act 9 of 1989 specifically provides in part that no public official /public employee or spouse or child or business with which he or the spouse or child is associated may enter into a contract with his governmental body valued at five hundred dollars or more or any subcontract valued at five hundred dollars or more with any person who has been awarded a contract with the governmental body with which the public official /public employee is associated unless the contract is awarded through an open and public process including prior public notice and subsequent public disclosure. Schoaf has served as a member of the Belle Vernon Area School Board (Board) since 1993. In a private capacity Schoaf is self - employed as the owner of a sanitation and refuse hauling business incorporated as Schoaf, Inc. Prior to his election to the Board, Schoaf had a contract to haul the Belle Vernon Area School District's (School District) trash which contract specifically excluded any trash related to construction or renovation projects. In December 1993, Schoaf sold his municipal /residential portion of the trash - collection business to Kelly Run Sanitation, Inc., which assumed all of Schoaf, Inc. sanitation customers including the School District. Thereafter, Schoaf limited his business to the rental and hauling of roll - off dumpster boxes. In 1994 and 1995, the School District became involved in a renovation project which generated a great deal of construction debris. Since that debris was not included as part of the regular hauling contract, the Board discussed the need for roll -off dumpster boxes to handle the construction debris. Schoaf offered to provide the service to the School District at a discounted rate but learned that the Public School Code prohibited such business dealings by a Board Member. Schoaf then proposed that the Board utilize Joseph Eori to provide the School District with roll -off dumpster boxes. The School District selected Eori based upon Schoaf's recommendation, although no vote was taken by the Board. Schoaf, 96- 085 -C2 Page 12 Since the anticipated cost of the dumpster service would be Tess than $10,000 and competitive bids would not be required, the superintendent decided to handle the matter by way of purchase orders. Eori did not request that he be given the dumpster box service business with the School District and the School District did not award a contract to Eori for the rental of dumpsters. Schoaf was to notify Eori that he (Eori) was selected by the Board. Eori never received any such notification. Beginning in May 1994, dumpster boxes displaying Schoaf, Inc. logos were placed on School District grounds and serviced by Schoaf. School District officials believed Eori would service the dumpster boxes. Eori knew nothing about the contract or Schoaf placing the dumpsters at the School District grounds. Eori had no involvement with delivering or servicing any dumpsters for the Board and Schoaf never discussed with Eori that Schoaf would be billing the School District for the dumpsters in Eori's name. Orders for additional dumpsters and service were placed with Schoaf by either the superintendent or the maintenance director. No orders were ever placed with Eori. Although the superintendent was aware that the dumpsters were the property of Schoaf, Inc., Schoaf advised that he was letting Eori use his dumpsters to help him (Eori) get started in business. Each time a dumpster would be delivered to the School District, Schoaf or a representative from Schoaf, Inc., would obtain signed agreements from School District employees who believed they were signing receipts for the dumpsters rather than actually entering into a contractual relationship with Schoaf, Inc. The specific financial information as to the agreements between the School District and Schoaf, Inc. for the roll -off dumpster boxes are delineated in Fact Findings 18 -20, 25. The invoices submitted by Schoaf were in the name of Eori but the business address was that of Schoaf, Inc. Such invoices were submitted without the knowledge or consent of Eori. As noted, no contractual relationship existed between Eori or his sanitation company and Schoaf in the years 1994 and 1995. Eori never authorized Schoaf to use his name for business purposes. Between June 1994 and September 1995, the Board issued seven checks to Eori for the rental of roll -off dumpster boxes. The payments were made to correspond with six invoices and one School District purchase order. The seven payments to Eori were included with School District monthly bill lists that were voted on in their entirety as part of the Board's monthly meeting packets. Schoaf regularly reviewed the bill lists with the business manager to determine if payments for Eori were included. Schoaf did not take such action regarding bills from other vendors. Schoaf as a Board Member participated in Board's actions to ratify bill lists which included the payments to Eori. See, Fact Finding 29. Although it is Board policy that checks are to be mailed to the payee after approval is obtained, this did not happen regarding the Eori checks. Schoaf directed the business manager to notify him when the checks issued to Eori were ready and then Schoaf personally picked up the six checks. The seventh check was mailed because Schoaf failed to pick it up at the Board office. Although it is Board policy that a check to a payee not be given to any other individual absent a directive to do so, Schoaf directed the business manager to give him (Schoaf) the Eori checks. Since Schoaf was a Board Member, the business manager complied. The first six checks issued by the Board to Eori were deposited by Schoaf in a bank account over which Schoaf had control. Typically, the Eori check would be cashed by having a signature purporting to be Eori followed by a signature of Schoaf or a deposit stamp of Schoaf, Inc. Eori never endorsed any of the six checks; rather, Schoaf endorsed the checks by signing Eori's name. The seventh check was sent to a business address which was the business address of Schoaf, Inc. That check was Schoaf, 96- 085 -C2 Page 13 also cashed. No payments were made from Schoaf, Inc. to Eori from monies Schoaf received from the School District. Of the $4,991.30 which Schoaf received as a result of business dealings with the Board, $3,897.69 related to land -fill expenses, $325 involved labor costs, and $226.31 related to operating costs, thereby leaving Schoaf with a profit of $542.30 after expenses. Having summarized the above relevant facts, we must now determine whether the actions of James Schoaf violated Section(s) 3(a) and 3(f) of Act 9 of 1989. In applying the provisions of Section 3(a) of Act 9 of 1989 (Ethics Law), there were uses of authority of office on the part of Schoaf as to the roll -off dumpster box contracts with the School District. In particular, Schoaf made the recommendations that the School District utilize the services of Eori for the removal of the construction debris. Schoaf as a Board Member took actions as to making motions, seconding and voting to approve payment for services as to the removal of the construction debris. Further, Schoaf used his position to personally secure six checks that were issued by the School District to Eori in payment for the removal of construction debris. All such actions by Schoaf constituted uses of authority of office. Juliante, Order 809. But for the fact that Schoaf was a Board Member, he could not have taken the above actions. Such uses of authority of office resulted in a private pecuniary benefit to Schaaf consisting of the profit that he made on these contracts with the School District. The pecuniary benefit that Schoaf received was a private one because there was no authorization in law for Schoaf- to receive such compensation. In fact, such compensation is prohibited in law. See, the Public School Code, 24 P.S. §3 -324. Lastly, that private pecuniary benefit inured to Schoaf individually or to Schoaf, Inc. which is a business that is owned by Schoaf. See, 65 P.S. §402. Hence, three separate violations of Section 3(a) of the Ethics Law occurred when Schoaf used the authority of his office to obtain a private pecuniary benefit for himself as to the roll -off dumpster box contracts between Schoaf, Inc. and the School District: the first violation involved the recommendation of Schoaf to utilize a specific contractor for the removal of the construction debris; the second violation resulted from Schoaf's official actions in making motions, seconding motions and voting on actions as to the removal of the construction debris; and the third violation involved Schoaf obtaining six School District checks in payment of services related to the removal of the construction debris. Turning to Section 3(f) of the Ethics Law, there was never any Board action as to advertising for bids or approving the contracts. Schoaf took it upon himself to engineer a plan whereby it superficially appeared that the School District was contracting with Eori for the construction debris removal, when in fact it was Schoaf who used Eori's name as a mechanism for his own financial gain by providing the services and obtaining the payments. The contracting which occurred both in 1994 and 1995, exceeded $500 but, as noted, no open and public process occurred as required by Section 3(f) of the Ethics Law. Accordingly, Schoaf violated Section 3(f) of the Ethics Law when he contracted with the School District for construction debris removal, which contracts were in excess of $ 500 but were not awarded through an open and public process. Turning to the matter of restitution, Section 7(13) of Act 9 of 1989, 65 P.S. §407(13), specifically empowers this Commission to impose restitution in those instances where a public official /public employee has obtained a financial gain in violation of the Ethics Law. In this case, since it has been determined that a financial Schoaf, 96- 085 -C2 Page 14 gain has been obtained in violation of the Ethics Law, restitution is warranted. Therefore, as per a Consent Agreement between the parties, School District and the Investigative Division, Schoaf is directed to pay $ 1,000 through this Commission to the Belle Vernon Area School District within 30 -days of the mailing date of this Order. Compliance with the foregoing will result in the closing of this case with no further action by the Commission. Non - compliance will result in the institution of an order enforcement action. Lastly, we note that the parties have filed a Stipulation of Findings and Consent Agreement which sets forth a proposed resolution of the allegations. We believe that the Consent Agreement is the proper disposition for this case based upon our review as reflected in the above analysis and the totality of the facts and circumstances. IV. CONCLUSIONS OF LAW: 1. James Schoaf (Schaaf), as a Member of the Belle Vernon School District Board of Directors, is a public official subject to the provisions of Act 9 of 1989. 2. Schoaf violated Section 3(a) of the Ethics Law when he, as a member of the school board, recommended that the school district utilize the services of a specific contractor for the removal of construction debris when the actual services rendered would be performed by a business with which he was associated. 3. Schoaf violated Section 3(a) of the Ethics Law when he, as a school board member, moved or seconded and voted on motions of the school board to pay for services rendered in relation to the removal of construction debris from a school district project when said payments went to a business with which he was associated. 4. Schoaf violated Section 3(a) of the..Ethics law when he used his position to personally secure six checks issued by the school district when he knew that said payments related to services provided by a business with which he was associated. 5. Schoaf violated Section 3(f) of the Ethics Law when he arranged for a business with which he is associated to provide construction debris removal services to the school district in 1994 and 1995, when said services were in excess of $ 500 and when such was not done through an open and public process. In Re: James Schoaf ORDER NO. 1080 1. James Schoaf ( Schoaf), as a Member of the Belle Vernon School District Board of Directors, violated Section 3(a) of the Ethics Law when he recommended that the school district utilize the services of a specific contractor for the removal of construction debris when the actual services rendered would be performed by a business with which he was associated. 2. Schoaf violated Section 3(a) of the Ethics Law when he, as a school board member, moved or seconded and voted on motions of the school board to pay for services rendered in relation to the removal of construction debris from a school district project when said payments went tQ a business with which he was associated. 3. Schoaf violated Section 3(a) of the Ethics law when he used his position to personally secure six checks issued by the school district when he knew that said payments related to services provided by a business with which he was associated. 4. Schoaf violated Section 3(f) of the Ethics Law when he arranged for a business with which he is associated to provide construction debris removal services to the school district in 1994 and 1995, when said services were in excess of $500 and when such was not done through an open and public process. 5. As per the Consent Agreement of the parties, Schoaf is directed to pay $1,000 within 30 days of the mailing date of this Order through the Commission to the Belle Vernon School District. Compliance with the foregoing will result in the closing of this case with no further action by the Commission. Noncompliance will result in the institution of an order enforcement action. File Docket: 96- 085 -C2 Date Decided: 4/30/98 Date Mailed: 5/11/98 BY THE COMMISSION, 00()Aeus406 DANEEN E. REESE, CHAIR