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HomeMy WebLinkAbout1088 LewisIn Re: James P. Lewis STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 • Before: Daneen E. Reese, Chair Austin M. Lee, Vice Chair Allan M. Kluger Monsignor Joseph G. Quinn 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 gt seg., 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 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. File Docket: X -ref: Date Decided: Date Mailed: 96- 092 -C2 Order No. 1088 7/23/98 8/7/98 Lewis, 96- 092 -C2 Page 2 1. ALLEGATION: That James Lewis, a public official in his capacity as Director of Vocational Education for the Chester Upland School District violated Sections 3(a) and 4(a) of the Ethics Law when he participated in actions of the school board which resulted in he and his daughter receiving surplus school district property at a reduced value and when he failed to file a Statement of Financial Interests for the 1994 calendar year by May 1, 1995. II. FINDINGS: 1. James P. Lewis served as the Director of Vocational Education in the Chester Upland School from August 22, 1994, until February 21, 1997. 2. The job description for the position of Director of Vocational Technical Education with the Chester Upland School District includes but is not limited to the following duties: a. Develop, implement and supervise programs for which funding is secured. b. Participate in budgetary control functions, including preparation of purchase orders, monitoring expenses and conserving resources. c. Participate in recommendations for selection, employment and assignment of vocational program personnel. d. Maintain inventories of supplies, materials and equipment. e. Issue purchase requests for supplies and equipment for vocational programs. f. Supervise all vocational programs. 3. For the school year of 1994 -95, Lewis was the Acting Director of Secondary Education. His job description included implementation of a High School and College Program, design of a communications /arts academy, and planned meetings throughout the school year. Lewis was responsible for conducting on -site reviews of secondary schools, observation of teachers in both Middle School and High School and teachers in both Middle School and High School and Curriculum Committee participation in K -12. 4. Lewis was also responsible to close the Practical Nursing Program, which was in place and the implementation of a computer applied science program. 5. Under acting Vice Principal of the Vocational Building, Lewis was also responsible to improve instruction and control student disruptive behavior. 6. In his capacity as Director of Vocational Education of the Chester Upland School District, James Lewis filed a Statement of Financial Interests (SFIs) on April 29, 1996, on SEC form 1/96 for calendar year 1995. 7. Lewis did not file a SFI by May 1, 1995, for calendar year 1994. Lewis, 96- 092 -C2 Page 3 a. Lewis served as Director of Vocational Education for over four months in 1994. 8. The Chester Upland School District was declared distressed by the Pennsylvania Department of Education in June, 1994. a. The Department of Education put in a special board of control to oversee district operations. b. The special board of control consisted of three (3) members. Two (2) members were appointed by the Pennsylvania Department of Education. c. The Board of Control assumed all duties and powers previously held by the elected school board. 9. The elected school board handles only matters involving student disciplinary hearings. 10. Since the beginning of the 1994 -1995 school year, the Chester - Upland School District has utilized the professional services of Service Master, Inc. to manage the district's maintenance and custodial services. a. Service Master had supervisor responsibility over Chester Upland School District maintenance and custodial employees. b. Service Master was responsible for reporting to the Chester Upland School District business manager Eugene Cresta. c. Marc P. Tetreau was employed by Service Master, Inc., to manage its operation at the Chester - Upland School District during 1994 and 1995. 11. The Chester Upland School District Vocational Department had a specific vocational building, separate from the remainder of the high school. a. Vocational programs also operated at the High School, Annex Building and Pearry Building. b. A portion of the district's vocational building was used as a storage area. c. This storage area had previously been utilized as a gymnasium. d. Over the years, equipment and materials no longer needed were stored there. e. The brick and cinder block were left over from the district's defunct masonry program. f. The lumber was left over from the district's defunct carpentry program and other school district projects. 12. No inventory was kept of the equipment or materials stored in the vocational building storage area. Lewis, 96- 092 -C2 Page 4 13. Superintendent JoAnn Manning inspected the storage area during 1994- 1995 school year and determined that the space could be better utilized as a gymnasium area. 14. Superintendent JoAnn Manning directed Marc P. Tetreau of Service Master to clean out the storage area in the vocational building enabling it to be converted back into a gymnasium facility. 15. Manning did not place a high value on the materials in the storage area. 16. The district did not have any use for many of the items such as the brick, lumber, and much of the automotive tools and equipment. a. Some lumber and concrete mix was taken for use by the district's maintenance department. 17. The district did not have any type of appraisal or value estimate performed on the materials in the storage area prior to deciding to sell such. 18. In the 1994 -1995 school year, the Chester Upland School District did not have a written policy on the sale of district property. 19. The district utilized the following procedure for the sale of district property. a. Legal ads requesting bids were run in the district's newspaper of record. b. Bids were compiled by the district's business department. c. Bids were presented before the board of control for approval at a public meeting. 20. The sale of surplus district property from the vocational building was separated into three (3) separate sale areas. a. Drafting tables and automotive diagnostic equipment. b. Assortment of desks, chairs, cabinets and miscellaneous items. c. Lumber, brick and cinder block. 21. Separate legal advertisements were run in the districts newspapers of record for sales related to the automotive equipment and the miscellaneous items. The Delaware County Daily Times, Primos, PA, and the Daily Local News, West Chester, PA are the newspapers of record for the Chester Upland School District. 22. Legal notices for the sale of drafting tables and automotive diagnostic equipment appeared in the Delaware County Daily Times, Primos, PA, and Daily Local News, West Chester, PA 19382, on October 28, 1994, October 31, 1994, and November 1, 1994. a. Lewis, 96- 092 -C2 Page 5 23 Bid specifications for the sale of the drafting tables and automotive diagnostic equipment were prepared by Marc Tetreau of Service Master. a. Bid specifications were as follows: "sealed bids will be received by the Chester Upland School District of Chester, PA, until 2:00 p.m. on Thursday, November 10, 1994, for the following: Purchase and removal of approximately 20 wooden drafting tables, 6 shelving units and 3 eight foot lab tables from the vocational building located at 315 West 8th Street, Chester, PA. Purchase and removal of assortment of automotive diagnostic equipment, welding equipment, desks, benches and miscellaneous items. Specifications may be secured from the Office of the Secretary, Administration Building, 1720 Melrose Avenue, Chester, PA 19013. (610- 447 - 3637). Chester Upland School District Eugene A. Cresta, Secretary. b. (610) 447 -3637 is the phone number of the business department of the Chester Upland School District. 24. Prior to December 6, 1994, Martone Auto Body, 2754 Bethel Road, Chichester, PA 19013, submitted a bid in the amount of $3,271.00 for the surplus automotive equipment. a. Martone Auto Body was the only one to submit a bid for the surplus automotive equipment. 25. At the district's board of control meeting held on December 6, 1994, the board approved the sale of the automotive equipment to Martone Auto Body. 26. Legal notices for the sale of an assortment of desks, chairs, cabinets and miscellaneous items appeared in the Delaware County Daily Times and Daily Local News, West Chester, on December 9, 1994, December 12, 1994, and December 19, 1994. 27. Bid specifications for the sale of the assortment of desks, chairs, cabinets and miscellaneous items were prepared by Marc Tetreau. SPECIFICATION SHEET FOR BIDDERS INTERESTED IN BIDDING ON DESKS, CHAIRS, TYPEWRITERS, ETC. All interested bidders must make a site visit to the Maintenance Building located at 120 East Sixth Street, Chester, PA, second floor storage and Shop parking Compound. CaII Mark Tetreau or Ed Stafford at 447 -3617 to set up a time. Bidder will provide an itemized list of all items being bid on by item name and quantity. Items available to bid on include: Chair /desk units Lewis, 96- 092 -C2 Page 6 * Student chairs * Student desks * Tables * Typewriters /adding machines * Metal shelves & cabinets * Refrigerators * Scrap metal Any items marked "NOT FOR BID" will not be included in your bid proposal. Successful bidder will be responsible for removing all items bid on within seven days of being awarded the contract. 28. Andre Thomas, owner of T's Scrap Work, 215 Ellsworth Street, Chester, PA 19013 submitted a bid dated 12/08/94 to remove all scrap material from the storerooms of the Chester Upland School District free of charge. a. T's Scrap Work was the only bid submitted on this material. 29. The Board of Controls took action at its meeting of January 12, 1995, to award the bid to T's Scrap Work: 30. After the completion of these two (2) sales, the district had an assortment of materials such as cement mix, bricks, lumber and cinder blocks remaining. a. The cement mix and some of the brick and lumber were used by the district's maintenance department. b. The remaining brick, cinder block and lumber was put out for bid. 31. Bid specifications for the sale of the lumber, brick and cinder block were prepared by Marc P. Tetreau of Service Master. a. Tetreau did not inventory the remaining brick, cinder block or lumber. b. Tetreau did not have an appraisal or value estimate of the remaining materials performed. c. Nobody from the district's business department had any involvement with preparing these bid specifications. 32. Legal notices for the sale of lumber, brick and cinder block appeared in the Delaware county Daily Times, and Daily Local News, West Chester on June 25, 1995, and June 26, 1995. Bid specifications were as follows: a. "The Chester Upland School District invites all interested contractors to provide a best written offer for all lumber, brick and cinder block in storage at the vocational building located at 315 West Eighth Street, Chester, PA. Call for appointment to view materials. Tel. #447 -3839, Eugene A. Cresta Secretary." Lewis, 96- 092 -C2 Page 7 b. The phone number 447 -3839 was in an office shared by Lewis in the vocational building. 33. This was the only sale of the three which utilized the above phone number as the contact point. 34. Bid specifications for the sale of the lumber, brick and cinder block were submitted to the Delaware County Times and Daily Local News, West Chester by district purchasing agent Vito Dimaio. a. Dimaio did not make any changes or corrections to the bid specifications before submitting them to the newspaper for publication. 35. Bid specifications for the sale of the lumber, brick and cinder block did not have a bid due date or time with them. a. Due dates and times are standard provisions of bid advertisements placed by Dimaio for the district. b. Dimaio did not question Tetreau as to why there wasn't a return due date or time for the bids. 36. By way of a letter dated June 28, 1995, Christine Pucci, 304b Vintage Road, Paradise, PA 17562, (717) 442 -8669, submitted the following bid for the brick and lumber. a. "To whom it may concern: I am interested in bidding on the lumber and bricks that I understand that your school district has up for bid. I am willing to offer you the amount of $75.00 for the lumber and $75.00 for the bricks. If this bid is at all acceptable for the materials you have up for bid. Please contact me to let me know if I am in the running." 37. The bid letter of Christine Pucci was typed by Francine Reed. a. Francine Reed was James Lewis' secretary at the time. b. Lewis told Reed what to type on the letter. c. Lewis directed Reed to sign Pucci's name to the letter. 38. Christine Pucci is the daughter of James Lewis. 39. Lewis told Mrs. Reed his daughter wanted the lumber for a deck and that she would bid on the same. a. Lewis needed the bid letter to give to Marc Tetreau of Service Master. b. Lewis had Mrs. Reed do the bid letter for his daughter to submit her bid. 40. Christine Pucci was the only individual to submit a bid for these materials. Lewis, 96- 092 -C2 Page 8 a. District maintenance foreman Edward Stafford showed the lumber to two (2) other interested parties. Neither submitted a bid. 41 Lewis, in his capacity as Director of Vocational Education, had supervisory control over all of the materials bid on under his daughter, Christine Pucci's name. 42 The sale of this surplus district property was not approved by the district's board of control. a. Board of control members were not aware of the transaction at the time it occurred. 43. On July 11, 1995, Marc P. Tetreau, Service Master Manager, Chester Upland School District, sent the following bid notification letter to Christine Pucci: a. "I am please to inform you that the Chester Upland School District has accepted your bid for the sale of lumber, brick and block stored at the vocational building located at 315 West Eighth Street, Chester, PA. Please submit a certified check in the amount of $150.00 payable to Chester Upland School District. Notify Mr. Lewis, Principal of the Vocational Building 447 -3839 to arrange pick -up of the items bid on." b. The Mr. Lewis referred to in Tetreau's letter was James P. Lewis. 44. The bid was awarded to Christine Pucci without authorization from the district's administration or board of control. a. Tetreau was not authorized to sell district property without board of control approval. 45. No disclosure was made by Lewis to the board that Pucci was his daughter. 46. Lewis asked Mr. Tetreau whether or not his daughter would be allowed to submit the bid. Mr. Tetreau advised that he had talked to the business office and that was acceptable for his daughter to submit a bid. 47. The brick, cinder block and lumber were paid for by American Express Money Order Number 15- 215335944 in the amount of $150.00 issued on 07/2/95. a. American Express Money Order No. 15- 215335944 was purchased from issuing store no. 3561, agent no. 106824, Star Enterprise, 1500 Cedar Cliff Road, Camp Hill, PA on 07/12/95, transaction 17052153359440. b. American Express Money Order No. 15- 215335944 in the amount of $150.00 was made payable to the "Chester Upland School District." 48. Lewis requested custodian Chris Jackson assist him and his son -in -law load the lumber and brick into a rental truck and Jackson's personal truck. Lewis, 96- 092 -C2 Page 9 a. Jackson did this on his own time, on a Saturday and was compensated by Lewis. b. Jackson did not receive any payment from the school district for these actions. 49. After becoming aware that the lumber was sold to Lewis' daughter, board of control member William Jones had the lumber inventory priced out by Darby Lumber Company 7th & Main Streets, Darby, PA. 50. Darby lumber estimated the cost of the brick at $.30 per brick. a. This estimate was for new materials. 51. An inventory of the material at Pucci's and Lewis' residences confirmed the following quantities of lumber and bricks. a. 874 bricks b. 57.5 feet of 2" x 8" board c. 564 feet of 2" x 10" boards d. 586.5 feet of 2" x 12" boards 52. Based on the estimated prices obtained from Darby Lumber Company, the following value of the materials listed in the previous finding was as of December 9, 1996: a. Brick Price per Unit $.30 each, by 874 bricks, total value $262.20 b. Lumber Price per Linear Foot 2" x 8" = $.75 per linear foot 2" x 10' = $1.1125 per linear foot 2" x 12" = $1.20 per linear foot c. Lumber Value 2" x 8" = $ 43.12 2" x 10" = $ 627.45 2" x 12" = $ 343.80 Total = $1,276.57 53. The value given by Darby Lumber was submitted based upon first grade new materials. a. The items under consideration for bid and disposal at the school district were used and were no longer useful to the school district and had little value. b. All the lumber and bricks not taken under the bid were discarded by the School District. Lewis, 96- 092 -C2 Page 10 III. DISCUSSION: At all times relevant to this matter, the Respondent, James P. Lewis, hereinafter Lewis, 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, The allegations are that Lewis violated Section 3(a) of the Ethics Law when he participated in awarding a bid to his daughter, without authorization by the district administration of the board of controllers, resulting in her receiving surplus school district property at a reduced value; and that he violated Section 4(a) when he failed to timely file a Statement of Financial Interests for the 1994 calendar year. 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. 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). The term "conflict of interest" is defined under Act 9 of 1989 as follows: Section 2. Definitions 65 P.S. §402. "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. Section 4. Statement of financial interests required to be filed (a) Each public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the commission no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Each public employee and public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the department, agency, body or bureau in which he is employed or to which he is appointed or elected no later Lewis, 96- 092 -C2 Page 11 than May 1 of each year that he holds such a position and of the year after he leaves such a position. Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Persons who are full -time or part-time solicitors for political subdivisions are required to file under this section. 65 P.S. §404(a). Section 4(a) of the Ethics Law requires that each public official /public employee must file a Statement of Financial Interests for the preceding calendar year, each year that he holds the position and the year after he leaves it. Having noted the issues and applicable law, we shall now summarize the relevant facts. Lewis served as the Director of the Vocational Education in the Chester Upland School District (District) from August 1994 to February 1997. Lewis' duties included the following: developing, implementing and supervising funded programs; participating in budgetary control functions; participating in the recommendations for the selection, employment and assignment of personnel; maintaining inventories of supplies, materials and equipment; issuing purchase requests for supplies and equipment; and supervising all vocational programs. Lewis served as Director for four months in 1994 but failed to file a Statement of Financial Interests (SR) for the calendar year 1994 on or before May '1, 1995. The District vocational department had its own building, a portion of which was used as a storage area. Originally, the storage area was utilized as a gymnasium. Over the years unneeded equipment and materials including bricks, cinder blocks and lumber left over from masonry and lumber programs that had been eliminated by the District were placed into the storage area. No inventory was kept of the stored equipment or materials. After the Superintendent inspected the storage area during the 1994 -95 school year, it was determined that the space could be better utilized as a gymnasium. The Superintendent directed Marc P. Tetreau of Service Master Inc., a business which provides maintenance and custodial services for the District, to clean out the storage area thereby converting the area back into a gymnasium facility. The Superintendent did not place a high value on the materials in the storage area since the District had no use for items such as brick, lumber, automotive tools and equipment. The District did not have any written policy on the sale of District property and did not have any type of appraisal done to estimate the value of the materials in storage. The District proceeded to sell the property by placing legal ads for bids in the District's newspaper, compiling the bids in the District's business department and presenting the bids to a board of control for approval at a public meeting. A board of control operated the District which had been declared distressed by the Pennsylvania Department of Education in June 1994. The sale of the surplus property from the vocational building was separated into three categories: drafting tables and automotive diagnostic equipment; desks, chairs, cabinets and miscellaneous items; and lumber, Lewis, 96- 092 -C2 Page 12 brick and cinder block. Separate legal advertisements were run for sales as to each of the categories. After bids were received and the automotive diagnostic equipment and other items were disposed of in two sales, the District had cement mix, bricks, lumber and cinder blocks remaining. Bids specifications for sale of these items were prepared by Tetreau and legal notices were advertised. Tetreau did not inventory the remaining brick, cinder block or lumber, did not seek an appraisal or an estimate of such value, but did prepare a bid specification which had no bid due date or time. By letter dated June 28, 1995, Christine Pucci submitted a bid for the brick and lumber consisting of $75 for each group. Pucci's letter was typed by Francine Reed, Lewis' secretary. Lewis told Reed what to type in the letter and directed Reed to sign Pucci's name. Lewis told Reed that because Pucci, his daughter, wanted the bricks and lumber, he needed a bid letter to give to Tetreau. Pucci was the only individual to submit a bid. The District maintenance foreman showed the lumber to two other interested parties but neither submitted a bid. The brick and lumber were sold to Lewis' daughter. The sale of such surplus property was not approved by the board of control, which was not aware of the transaction at the time it occurred. No disclosure was made by Lewis to the board that Pucci was his daughter. Lewis had asked Tetreau whether his daughter would be allowed to bid. Tetreau conferred with the business office which informed him that it was acceptable for Lewis' daughter to submit a bid. After one of the members of the board of control became aware that Lewis' daughter had purchased the items, he had the material priced by a lumber company. The lumber company estimated the price based upon the cost of new material. The lumber company determined that the 874 bricks would have a total value of $262.20 based upon a unit price of $0.30 and that the lumber would have a value of $1,276.57 based on the cost of new lumber at lineal foot rates. However, the lumber and bricks of the District were used and were no longer useful to the District. In fact, the lumber and bricks that were not sold were discarded by the District. Having summarized the above relevant facts, we must now determine whether the actions of James Lewis violated Sections 3(a) and 4(a) of Act 9 of 1989. In applying the above provisions of Section 3(a) of the Ethics Law, a public official /public employee is prohibited from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. As to the sale of the bricks and lumber from the District to Lewis' daughter, Christine Pucci, there was a use of authority of office in this case on the part of Lewis. In particular, Lewis used his District secretary to prepare, type and sign his daughter's name to a bid for the purchase of the brick and lumber. Such action is clearly a use of authority of office. See, Juliante, Order No. 809. That use of authority of office resulted in a private pecuniary benefit consisting of the lumber and brick which Lewis' daughter received at a favorable price. Lastly, that private pecuniary benefit inured to Christine Pucci, who is a member of Lewis' immediate family as that term is defined under the Ethics Law. Accordingly, a technical violation of Section 3(a) of Act 9 of 1989 occurred when Lewis directed his secretary to prepare a bid on behalf of his daughter to purchase lumber and brick from the District. Lewis, 96- 092 -C2 Page 13 Although the Stipulation of Findings establishes that the Statement of Financial Interests for calendar year 1994 was not timely filed, the Consent Agreement of the parties indicates that the Investigative Division is recommending a finding of no violation in that regard. Therefore, based upon the fact that the Investigative Division is not seeking to prosecute the Respondent for the untimely filing, and given that the form is now on file, we will not make a finding of a violation as to the 1994 calendar year Statement of Financial Interests. Lastly, as noted, the parties have filed a Stipulation of Findings and Consent Agreement which sets forth a proposed resolution of the allegations. The parties propose a technical violation of Section 3(a), no violation of Section 4(a) and a payment of $500 to the Commonwealth of Pennsylvania. 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. Accordingly, Lewis is directed to make payment of $500 through this Commission to the Commonwealth of Pennsylvania within 30 days of the date of issuance of this Order. Compliance with the foregoing will result in the closing of this case with no further action. Noncompliance will result in the institution of an order enforcment action. IV. CONCLUSIONS OF LAW: 1. James P. Lewis, as Director of Vocational Education for the Chester Upland School District, is a public official subject to the provisions of Act 9 of 1989. 2. A technical violation of Section 3(a) of Act 9 of 1989 occurred when Lewis directed his secretary to prepare and sign on behalf of his daughter a bid to purchase lumber and brick from the Chester Upland School District. 3. Lewis did not violate Section 4(a) as to the failure to file a Statement of Financial Interests for calendar year 1994 as said form is now on file with the State Ethics Commission and the Chester Upland School District. In Re: James P. Lewis ORDER NO. 1088 File Docket: 96- 092 -C2 Date Decided: 7/23/98 Date Mailed: 8/7/98 1. James P. Lewis, as Director of Vocational Education for the Chester Upland School District, technically violated Section 3(a) of Act 9 of.1989 when he directed his secretary to prepare and sign on behalf of his daughter a bid to purchase lumber and brick from the Chester Upland School District. 2. Lewis did not violate Section 4(a) as to the failure to file a Statement of Financial Interests for calendar year 1994 as said form is now on file with the State Ethics Commission and the Chester Upland School District. 3. As per the Consent Agreement of the parties, Lewis is directed to pay $500 within 30 days of the date of issuance of this Order through this Commission to the Commonwealth of Pennsylvania. Compliance with the foregoing will result in the closing of this case with no further action. Noncompliance will result in the institution of an order enforcement action. BY THE OMMISSION, 14,.i DANEEN E. REESE, CHAIR