HomeMy WebLinkAbout790 CookIn re: Charles S. Cook
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STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket:
: Date Decided:
: Date Mailed:
ole
87-017-C
Aril
5,A991
t Eri.l 15, 1991
Before: Helena G. Hughes, Chair
G. Sieber Pancoast
Dennis C. Harrington
James M. Howley
Daneen E. Reese
Roy W. Wilt
The State Ethics Commission received a complaint regarding a
possible violation of the State Ethics Act, No. 170 of 1978, 65 P.S.
401 et. seq. Written notice, of the specific allegation(s) was served
at the commencement of the investigation. A Findings Report was
issued and served, upon completion of the investigation, which .
constituted the Complaint by the Investigation Division. An Answer
was not filed and a hearing was waived. The record is complete. This
adjudication of the Commission is hereby issued which sets forth the
individual Allegations, Findings of Fact, Discussion, Conclusions of
Law and Order.
This adjudication is final and will be made available as a public
document fifteen days after issuance. However, reccnsideration may be
requested which will defer public release of this adjudication pending
action on the request by the Commission. A request for
reconsideration, however, does not affect the finality of this
adjudication. A reconsideration request must be received at this
Commission within fifteen days of issuance and must include a detailed
explanation of the reasons as to why reconsideration should be granted
in conformity with 51 Pa. Code 52.38.
The files in this case will remain confidential in accordance
with Section 8(a) of the Ethics Act, 65 P.S. 4C8(a) during the fifteen
day period and no one unless the right to challenge this Order is
waived, may violate confidentiality by releasing, discussing or
circulating this Order. However, confidentiality does not preclude
discussing this case with an attorney at law.
Any person who violates confidentiality of the Ethics Act is
guilty of a misdemeanor subject to a fine of not more than $1,000 or
imprisonment for not more than one year, 65 P.S. 409(e).
1. Allegation: That you, a New Castle Area School Board Director,
violated Section 3(a) of the Ethics Act which prohibits a public
employee's or public official's use of office or confidential
information gained through that office to obtain financial gain, in
that you participated in the decision, including voting, to hire your
daughter to work in the Summer Food Program at the school district:
II. Findings:
ADJUDICATION
Section 3. Restricted Activities.
(a) No public official or public employee
shall use his public office or any confidential
information received through his holding public
office to obtain financial gain other than
compensation provided by law for himself, a member
of his immediate family, or a business with which
he is associated. 65 P.S. 5403(a).
1. Charles S. Cook has served as a member of the Board of
Directors of the New Castle School District from January
1985 until December of 1988.
a. Mr. Cook served as President of the Board of School
Directors during 1986.
2. Minutes of the New Castle Area School District meetings
indicate the following:
a. June 18, 1985:
Motion by Mr. Flora, seconded by Mr. Cooper, that the
Board of Directors approve the recommendations of the
Personnel Committee regarding the hiring of the 1985
Summer Food Service Program employees. A list of such
employees was included in the minutes. The motion was
adopted by a roll call vote as follows:
Ayes: Piccione, Alexander, Cook,, Cooper, Flora
and Lastoria
Absent: VanHorn
Included on the list of hirelings is Site Supervisor,
Crissy Cook, 913 Loraine Avenue, New Castle, PA 16101.
b. Mav 29, 1986
Motion by Mr. Flora, seconded by Mr. Bonelli, that the
Board approve the list of personnel for the Summer Food
Program. The motion was adopted by a roll call vote as
Mr. Charles S. Cook
Page 2
follows:
Ayes: Piccione, Withrow, Alexander, Bonelli,
Flora, Lastoria and Cook
No: DeBlasio
Abstain: Papa
Included on the list of hirelings as Site Monitor was
Crissy Cook.
c. Mav 13, 1987
Summer Food Program:
The Committee of the Whole recommended that the Board
be the sponsor of and authorize the implementation of a
Summer Food Service Program to run from June 8, 1987
through the end of August 1987, and that the
appropriate state application forms be completed. It
was also requested that the Board authorize a contract
to be awarded to the ARA School Nutrition Services to
provide the food for the summer program.
It was moved by Mr. DeBlasio (Papa) that the Board
approve the above request as presented. The foregoing
motion was adopted by the following vote on roll call:
Ayes: Lastoria, Papa, Withrow, Alexander,
Bonelli, Cook, DeBlasio, Flora and Piccione
Ziemer Food Program Director
It was recommended that Domenic DeCaprio, 1104 Agnew
Street, New Castle, be hired by the Board as Director
of the 1987 Summer Food Program at a salary of $10.00
per hour.
It was moved by Mr. Bonelli (Withrow) that the Board
approve the hiring of Domenic DeCaprio as presented.
The foregoing motion was adopted by the following vote
on roll call:
d. Mav 27, 1987
Ayes: Lastoria, Papa, Withrow, Alexander,
Bonelli, Cook, DeBlasio, Flora and Piccione
Summer Food Program Personnel:
Mr. Charles S. Cook
Page 3
The listed personnel to be hired by the Board for the
1987 Summer Food Service Program.
It was moved by Mr. DeBlasio, seconded by Bonelli,
that the Board move two of the listed Alternatives,
Margaret McKnight and Anna Marie Tofel, to Site
Supervisors and approve the hiring of the listed
personnel per the attachment. The foregoing motion was
adopted by the following vote on roll call:
Ayes: Lastoria, Withrow, Alexander, Bonelli,
Cook, DeBlasio, Flora and Piccione
Absent: Papa
Included on the list of 1987 hirelings as Site Monitor
was Crissy Cook.
3. By way of letter dated June 19, 1985 from Eugene Decaprio,
Assistant Superintendent of New Castle Area School District,
Miss Crissy Cook, 913 Loraine Avenue, New Castle, PA, is
advised that she has been hired by the New Castle Area
School Board as a Site Supervisor in the Summer Food Program
at the rate of $3.75 per hour for 176 hours.
a. The Site Supervisor is responsible for distributing the
lunches and for the keeping of certain records. The
program runs from July 1, 1985 through August 30, 1985.
4. Crissy Cook was employed by the New Castle Area School
District as part of the Summer Food Program for 1986 as a
Site Monitor.
5. By way of letter dated June 1, 1987 from Eugene Decaprio,
Assistant Superintendent of New Castle Area School District,
Miss Crissy Cook, 913 Loraine Avenue, New Castle, PA, is
advised of her appointment as the New Castle Area School
District Program Monitor for the Summer Food Program at the
rate of $5.00 per hour for 256 hours.
a. The Program Monitor is responsible for the keeping of
certain records; monitoring various sites; and
assisting the Program Director.
6. Records of the New Castle Area School District indicate the
following W -2 wage and tax statements on file with the
district for Christine Lynn Cook, 913 Loraine Avenue, New
Castle, PA.
Mrs Charles S. Cook
Page 4
Compensation - $465.
Compensation - $1,100.
Compensation - $1,115.
Cook, resides at 913
a. 1985 Wages, Tips and Other
b. 1986 Wages, Tips and Other
c. 1987 Wages, Tips and Other
7. School Board Member, Charles S.
Loraine Avenue, New Castle, PA.
8. Christine Lynn Cook is the daughter of Charles S. Cook.
9. Christine Lynn Cook's date of birth is September 24, 1967.
10. The Director of the Summer Food Program was Domenic
DeCaprio.
11. A list of individuals to be hired by the school district
during the summer was provided to the school district
superintendent, and the school directors voted on this list.
a. The votes were unanimous.
12. Charles Cook never approached the director of the Food
Service Program regarding the hiring of his daughter.
III. Discussion: Charles S. Cook, hereinafter Cook, as a member of
the board of directors of the New Castle School District, was a public
official as that term is defined under the Ethics Law. 65 P.S. 5402;
51 Pa. Code S1.1. As such, his conduct is subject to the provisions
of the Ethics Law and the restrictions therein are applicable to him.
Initially, it is noted that Section 5 of Act 9 of June 26, 1989
provides, in part, as follows:
"This amendatory act shall not apply to
violations committed prior to the effective date
of this act, and causes of action initiated for
such violations shall be governed by the prior
law, which is continued in effect for that purpose
as if this act were not in force. For the
purposes of this section, a violation was
committed prior to the effective date of this act
if any elements of the violation occurred prior
thereto."
Since the occurrences in this case transpired prior to the
effective date of Act 9 (June 26, 1989), we must apply the provisions
of Act 170 of October 4, 1978, P.L. 883 to determine whether the
Ethics Act was violated.
Mr. Charles S. Cook
Page 5
Under Section 3(a), quoted above, this Commission has determined
that use of office by a public official to obtain a financial gain for
himself or a member of his immediate family or a business with which
he is associated which is not provided for in law transgresses the
above provision of law. Thus, use of office by a public official to
obtain a financial gain which is not authorized as part of his
compensation is prohibited by Section 3(a): Hoak /McCutcheon v. State
Ethics Commission, 77 Pa. Commw. Ct. 529, 466 A.2d 283 (1983); Yacobet
v. State Ethics Commission, 109 Pa. Commw. Ct. 432 531 A.2d 536
(1987). Similarly, Section 3(a) of the Ethics Act would prohibit a
public official /employee from using public office to advance his own
interests; Koslow v. State Ethics Commission, 116 Pa. Commw. Ct. 19
540 A.2d 1374 (1988). Likewise, a public official /employee may not
use the status or position of public office for his own personal
advantage; Huff, Opinion 84 -015.
In the instant matter, we must determine whether Cook as a New
Castle school director, violated Section 3(a) of the Ethics Act when
he voted to hire his daughter to work in the summer food programs at
the school district in the years 1985 through 1987.
Cook served as a board member of the New Castle School District
from January 1985 until December 1988. The minutes of the New Castle
Area School District for the June 18, 1985 meeting reflect the passing
of a motion to approve recommendations of the personal committee
regarding the hiring of the 1985 summer food service program
employees. Since the motion carried unanimously, Cook's vote was not
the deciding vote. The submitted lists of program employees included
Christine Lynn Cook who is the daughter of Cook. The compensation
that Christine Lynn Cook received for her summer employment amounted
to $465. The minutes of the May 29, 1986 and May 13, 1987 meetings of
the school board reflect similar lists of personnel being submitted to
the board for approval. In both of the later instances, motions were
made to hire the personnel which motions passed unanimously with
Cook's participation.
In applying the regulations and Section 3(a) of the Ethics Act
quoted above to the instant matter, we must determine whether
Christine Lynn Cook, as Cook's daughter, was a member of his immediate
family as that term is defined under the Ethics Act and Regulations of
the Commission.
Section 2. Definitions.
"Immediate family." A spouse residing in the
person's household and minor dependent children.
65 P.S. 5402.
The term "minor dependent child" is defined under the Regulations
Mr. Charles S. Cook
Page 6
as follows:
Section 1
. Definitions
Minor dependent child - -- A person under 18 years
of age who lived in the household of the person --
- filer ---- required to file a financial interest
statement daring the reporting period and whom the
filer claimed as a dependent on the filer's
Federal income tax return for the equivalent
reporting period. 51 Pa. Cod S1.1.
Since Christine Lynn Cook was born on September 24, 1967, she was
a member of Cook's immediate family; at the time of the June 19, 1985
meeting of the school board, however, at the tunes of 1986 and 1987
meetings, Christine Lynn Cook was over 18 years of age and hence was
not a member of Cook's immediate family.
Accordingly, we find a violation of Section 3(a) of the Ethics Act
regarding the vote by Cook at the June 18, 1985 meeting to hire the
list of personnel which included his daughter who was a member of his
immediate family. In that instant, there was a use of office by Cook
in voting for the motion to approve the submitted list of personnel.
There was a financial gain amounting to $465 as a result of the
employment of his daughter, Christine Lynn Cook. His daughter was a
member of his immediate family as noted above. Lastly, the
compensation was other than provided for by law since there is no
provision in law which authorizes a school board member to vote to
hire a member of his immediate family. However, as to the 1986 and
1987 board meetings, we find no violation of Section 3(a) of the
Ethics Act since at those times Christine Lynn Cook was over 18 years
of age and hence was not a member of the immediate family of Cook.
Finally, given the totality of facts and circumstances in this
case, we will take no further action.
IV. Conclusions of Law:
1. Charles S. Cook as a member of the board of directors of the Hew
Castle School District was a public official subject to the
provisions of the Ethics Law.
2. Cook violated Section 3(a) of the Ethics Act by voting in a June
18, 1985 school district meeting in favor of a motion to hire a
list of individuals which included his minor dependent daughter
who was a member of his immediate family.
3. Cook did not violate Section 3(a) of the Ethics Act by voting in
favor of motions at the May 29, 1986 and May 27, 1987 school
Mr. Charles S. Cook
Page 7
district meetings to approve lists for hiring individuals
including his daughter who was not at those times a member of his
immediate family in that she was of majority.
In re: Charles S. Cook
07f
: File Docket: 87 -081 -C
: Date Decided: April 5, 1991
: Date Mailed: April 15. 1991
ORDER No. 790
1. Charles S. Cook as a director of the New Castle School
District violated Section 3(a) of the Ethics Act by voting
in a June 18, 1985 school district meeting in favor of a
motion to hire a list of individuals which included his
minor dependent daughter who was a member of his immediate
family.
2. Cook did not violate Section 3(a) of the Ethics Act by
voting in favor of motions at the May 29, 1986 and May 27,
1987 school district meetings to approve lists for hiring
individuals including his daughter who was not at those
times a member of his immediate family in that she was of
majority.
3. Based upon the totality of the facts and circumstances, this
Commission will take no further action.
BY THE OMMISSION,
HELENA G. HUGHES, CHAIR