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HomeMy WebLinkAbout790 CookIn re: Charles S. Cook . .. ,- .1 4 2144, 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