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In Re: Anthony Hamlet,
Respondent
STATE, ETHICS COMMISSION
FINANCE BULDING
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File Docket:
X-ref-
Date Decided:
Date Mailed:
FACSIMILE: 717-787-0806
WEBSITE: 3W_w@t8ic_s.pa.gov
19-018
Order No. 1791
7/26/21
7/26/21
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
Michael A. Schwartz
Shelley Y. Simms
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted an
investigation regarding possible violation(s) of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C. S. § 1101 et M., by the above -named Respondent. At the commencement
of its investigation, the Investigative Division served upon Respondent written notice of the
specific allegations. 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, requested. A Stipulation of Findings and a Consent Agreement were
subsequently submitted by the parties to the Commission for consideration, The Stipulated
Findings are set forth as the Findings in this Order. The Consent Agreement has been approved.
1. ALLEGATIONS:
That Anthony Hamlet, a public official/public employee in his capacity as the
Superintendent of the City of Pittsburgh Public Schools, violated Sections 1103(a), 1103(d),
1104(a), 1105(b)(1), 1105(b)(5), 1105(b)(7), and 1105(b)(8) of the State Ethics Act (Act 93 of
1998) by utilizing the authority of his public position to obtain a private pecuniary benefit, namely
when he solicited and/or accepted travel, hospitality, and lodging from a current/former vendor to
the City of Pittsburgh School District; when he accepted honorarium in recognition of appearances,
speeches and/or presentations which were directly related to his public occupation as
Superintendent of the City of Pittsburgh Public Schools; when he approved the carry-over of
unused vacation days for himself from one school year to the next when such was specifically
prohibited by Hamlet's employment contract; when he failed to properly utilize leave for days
when he was absent from the District for non -District related travel and was subsequently paid for
such days; when he converted funds owed to the District for his own personal use; and when he
Hamlet, 19-018
Page 2
failed to timely file Statements of Financial Interests as Pittsburgh City School District
Superintendent for the 2017 and 2018 calendar years; failed to disclose all reportable sources of
income on Statements of Financial Interests filed for calendar years 2016, 2017 and 2018; failed
to identify his office, directorship or employment with Nova Southeastern University for calendar
year 2016, as well as Educational Research & Development Institute (ERDI) for calendar year(s)
2017 and 2018; when he failed to identify the City of Pittsburgh School District as the
Governmental Entity for which he served, upon all Statements of Financial Interests filed (calendar
years 2016 -- 2018); and failed to disclose all reportable Transportation, Lodging, and/or
Hospitality upon Statements of Financial Interests filed for the 2017 and 2018 calendar year(s).
IL FINDINGS:
1. Dr. Anthony D. Hamlet ("Dr. Hamlet") has served as the Superintendent of the Pittsburgh
Public School District ("District"), Allegheny County, since July 1, 2016.
a. Dr. Hamlet was appointed to the Superintendent position via a Resolution approved
at a May 18, 2016, special meeting of the Pittsburgh Public School District Board
of Directors.
1. Dr. Hamlet was appointed to serve as the Superintendent for a term of five
years spanning the time frame of July 1, 2016 — June 30, 2021.
2. Included within the Resolution was Dr. Hamlet's employment as a
consultant for the District from June 1, 2016 — June 30, 2016, for transition
and planning purposes.
b. Dr. Hamlet was employed as a Director of School Transformation for the School
District of Palm Beach County, Florida, immediately prior to his employment with
the District.
2. The District is a Class lA school district governed by a nine -Member Board of Directors
("Board").
a. The Board is an elected body consisting of representatives of nine districts within
the City of Pittsburgh ("City") and Mt. Oliver Borough.
The Board also serves as the Board of Directors for the Pittsburgh — Mt.
Oliver Intermediate Unit.
b. The Board serves a role as a policy -making body for the District.
3. Dr. Hamlet receives assistance with operation of the District through an executive cabinet
consisting of the following:
a. Deputy Superintendent;
1. The Deputy Superintendent position is currently vacant.
b. Chief Operations Officer;
Chief of Data, Research, Evaluation, and Assessment;
Hamlet, 19-018
Page 3
d. Chief of Staff;
e. Chief Technology Officer;
1. The Chief Technology Officer position is currently vacant.
f Chief Human Resources Officer;
1. The Chief Human Resources Officer position is currently vacant.
g. Chief Academic Officer;
h. Chief Financial Officer; and
i. Chief of School Performance.
j. Dr. Hamlet typically holds executive cabinet meetings every Monday.
1. Agendas for the executive cabinet meeting are typically created by Erika
Fearbry-Jones ("Fearbry-Jones"), District Chief of Staff.
4. The Board routinely holds multiple public meetings each month including, but not limited
to, Committee of the Whole Meetings, an Agenda Review Meeting, a Legislative Meeting,
and a public hearing as follows:
a. Committee of the Whole Meetings are routinely held on the first Monday and
Tuesday of each month.
1. The Business, Finance, and Minority Business Enterprise Committee
Meeting of the Whole is held the first Monday of each month.
aa. A primary purpose of the Business, Finance, and Minority Business
Enterprise Committee Meeting is to brief the Board on items relating
to the general business and finance operations of the District (e.g.,
budget presentations, budget updates, presentation of tax abatement
requests, special tax arrangement requests, etc.).
2. The Education Committee Meeting of the Whole (aka Education and
Student Performance Committee Meeting) is held on the first Tuesday of
each month.
aa. A primary purpose of the Education Committee Meeting is to brief
the Board on items pertaining to education, departmental updates,
student data, proposed plans of action, etc.
3. Policy Committee Meetings of the Whole are scheduled as needed.
aa. A primary purpose of the Policy Committee Meetings is to conduct
a regular review of District policies.
b. The Board Agenda Review Meeting and Board Legislative Meeting are routinely
held on the third and fourth Wednesday of each month, respectively.
C. The Board public bearing is routinely held on the fourth Monday of each month.
Hamlet, 19-018
Page 4
d. Special meetings are held as needed.
5. The District maintains additional ad hoc subcommittees which meet as needed.
a. The ad hoc committees include Negotiations, Policy, Government Relations,
Communications and Marketing, School Safety and Security, and Education.
b. Ad hoc committees are composed of two to three Board Members and select
District administrators.
6. Education Committee items and other Committee items proposed for consideration by the
Board are typically developed by the Superintendent's Cabinet.
a. New educational programs, curriculums, etc., may be initially presented for
consideration and critique at an education subcommittee meeting.
1. The subcommittee members can provide feedback to the presenter of any
questions, concerns, etc., to be addressed prior to presentation to the
Education committee of the whole.
b. Presentation to the education subcommittee is not mandated.
l . Items may be placed on the agenda for the Education Committee as a Whole
without the items first being presented to the education subcommittee
meeting.
7. Voting at District legislative meetings typically occurs via individual roll call with the
exception of the votes to approve prior meeting minutes and to adjourn the meetings.
a. The Board routinely votes to approve multiple agenda items in one all -
encompassing vote per committee report presented.
1. Agenda items are itemized via individual subject number and item sub -
number within specific committee reports presented (e.g., education,
business/finance, etc.).
b. Abstentions should be specifically documented within the minutes.
8. The District utilizes BoardDocs to create the agenda for the Board Agenda Review Meeting
and the subsequent Legislative Meeting held each month.
a. BoardDocs is a paperless meeting management/agenda software system designed
for school districts, non -profits, etc.
1. Any District representative provided with a login and password to
BoardDocs may submit an item to be placed on the agenda for consideration
at the Board Agenda Review Meeting.
aa. Items placed on the agenda for consideration by the Board at the
agenda review and/or legislative meeting are known as BoardTabs.
Hamlet, 19-018
Page 5
2. The BoardTabs entered into BoardDoes for agenda consideration are
typically individually reviewed at Dr. Hamlet's Superintendent Agenda
Review Meeting held on the first Monday of each month.
aa. Attendees at the Superintendent's Agenda Review Meeting
routinely include Dr. Hamlet, the District Executive and Academic
cabinet, Human Resources, department heads, and Deborah Willing
(the BoardDocs Publisher).
9. BoardTabs entered into the BoardDocs system for agenda consideration are placed into
one of four separate categories within the BoardDoes system as follows:
a. Proposal grant awards.
b. Consultants/contracted services.
C. Payment authorized.
d. General authorization.
14. The BoardDocs system uses an "approval tree" structure which requires continuous
approval "up the chain -of command" for placement of BoardTabs on the agenda.
a. Separate approval trees and workflows with differing individuals serving as
authorizers can be created for differing item classifications.
b. Dr. Hamlet is typically the final authorizer for the following approval trees:
1. Purchasing/Cl/Technology;
2. Purchasing/School Performance/Network E;
3. Data, Research, Evaluation, & Assessment (DREA)/Charter;
4. New Business; and
5. Walk-on.
aa. Walk-on represents items to be placed on the agenda that have
missed the submission deadline for the Superintendent's Agenda
Review Meeting, have not been reviewed at the Superintendent's
Agenda Review Meeting, and require Dr. Hamlet's ultimate
authorization for placement on the agenda by the Document
Publisher.
11. Board Members and the public may access both the Board Agenda Review Meeting and
the Legislative Meeting agendas through BoardDoes once the agendas are marked "active."
a. The agenda for the Board Agenda Review Meeting is to be active as of 5 p.m. on
the first Friday of the month.
b. The agenda for the Legislative Review Meeting is to be active as of 5 p.m. the
Friday prior to the Legislative Meeting.
Hamlet, 19-01 S
Page b
C. The Board Members receive the materials to be addressed at the Legislative
Meeting in paper copy form at his/her respective seat at the Board table the day of
the Legislative Meeting.
12. In addition to having access to BoardDocs, Board Members are routinely supplied with a
weekly Superintendent's update/report on Friday via email.
a. The Superintendent's update/report is not all-inclusive but is intended to document
certain information regarding the Superintendent's actions during the week on a
high level. This can include schools the Superintendent visited, meetings attended,
new programs introduced at the District, academic results, the Superintendent's
calendar for the upcoming week, answers to questions raised at agenda review
meetings, etc.
b. The weekly updates are generated and disseminated by the Superintendent's
executive secretaries, with input from the Public Information Officer and Chief of
Staff, via review of the Superintendent's calendar, emails from administrators, the
District calendar, etc.
C. Dr. Hamlet has little, if any, role in drafting the updates.
d. Published information describing the Board update and its purpose reads;
Each week the Board Member receive the Board Update. The purpose of
the Update is for the Superintendent and executive staff to have regular
communication with Board Members regarding important matters.
Because the Update is more widely distributed than just to the Board, it
does not include Personnel Matters, Legal Issues, or Bid Information.
These topics are discussed with the Board at the Personnel Meeting and
the Executive Session, both closed sessions allowed by the School Code.
The Update is divided into sections that include my community
engagement of the past week, our follow-up responses to Board inquiries
from previous meetings, background information for upcoming Board
actions, important updates from departments, and forthcoming events that
Board Members may want to be aware of and possibly attend. The Update
provides the necessary information to support decision making.
The Update is distributed via email on Friday and can range from about
three pages to a lot longer. It is published by the Superintendent's Office,
although various staff members write many sections. Our goal is to send it
by the close of business. However, we will do what it takes to complete it
so that it may come later that evening.
13. Bills/invoices received at the District for payment of contracts and/or other expenses are
forwarded with supporting documentation to the District Controller's Office for
authorization of payment.
Haralet, 19-018
Page 7
a. The Controller's Office forwards the authorized bills/invoices to the District
Finance Department for generation of a register documenting all checks to be
issued.
1. The register generally identifies the payee, the reason for the payment, and
the amount of the payment.
2. The register is signed by the Director of the Finance Department and the
District Chief Financial Officer.
3. The register is sent to the Controller's Office the day prior to generation of
checks to be issued.
b. The District Controller's Office is responsible for printing all District checks to be
issued.
1. The Controller's Office utilizes metal plates to affix the signature of the
District Controller and the District Treasurer to all District checks to be
issued.
2. A facsimile stamp is also maintained in the Controller's Office for
authorization of any handwritten checks which require a signature.
14. Approval/authorization to pay the monthly District expenses is generally granted by the
Board at each Legislative Meeting.
a. The expense figure presented represents the total expenses paid by the District for
the prior calendar month.
The Board's approval of District expenses is a retroactive approval.
b. Approval of the monthly expenses is incorporated within the Board's vote to
approve/accept the Committee Report on Business/Finance.
C. This District has an annual budget of approximately $686 million.
15. Unless specifically requested, Board Members are not provided with, and/or do not have
independent access to, any register or bill list detailing the individual monthly expenses to
be approved at the Legislative Meeting.
a. Board Members have the ability, through BoardDocs, to identify the total expense
figure to be presented for approval at the upcoming Legislative Meeting.
b. Board Members may request through the District Business Office a detailed listing
of the monthly expenses to be approved at the upcoming Legislative Meeting.
16. The District maintains and utilizes a policy manual to guide the day-to-day operations of
the District.
a. The policies and local Board procedures adopted by the Board are intended to guide
the general/overall direction by which the day-to-day operations of the District are
to be governed.
Hamlet, 19-018
Page 8
The District Policy Manual is a public document and is available through
the District's website (www.pghboe.net).
2. All District employees have access to the District Policy Manual through
the District website.
b. District employees are expected to comply with applicable Board policies and
procedures.
17. As the Superintendent, Dr. Hamlet is a District employee subject to applicable policies and
procedures included within the District Policy Manual.
a. Dr. Hamlet signed and dated a District Acknowledgement of Pittsburgh Public
Schools Policies and Information form on June 2, 2016.
1. The Acknowledgment indicated that the policies specified on the form were
available on the Pittsburgh Public Schools Policies website.
2. The Acknowledgment indicated that it was his responsibility to familiarize
himself with the policies.
3. The Acknowledgment indicated that the policies specified on the form did
not represent an all-inclusive register of Pittsburgh Public Schools Policies.
18. The District Policy Manual is composed of seven separate sections numbered by hundreds
(100, 200, etc.), each consisting of multiple sub -sections identifying specific District
policies.
a. Section 300 of the Policy Manual addresses District Employees.
b. Section 700 of the Policy Manual addresses District Finances.
C. Section 800 of the Policy Manual addresses District Property.
d. Section 900 of the Policy Manual addresses District Operations.
19. Section 300: Employees, as contained within the District Policy Manual includes, in part,
Sub -Section 302 — Gifts and Sub -Section 317.2 — Sick and Personal Leave.
a. Sub -Section 302 provides, in part, the following:
A gift is any transfer to an individual, either directly or indirectly, where
full consideration (measured in money or money's worth) is not received in
return.
aa. District employees are prohibited from, directly or indirectly,
accepting or soliciting any gift or series of gifts from an individual
or entity doing business with or interested in doing business with the
District.
2. Any employee offered a gift of significant value or who believes a gift is
offered by a restricted donor is to report such immediately to the
Superintendent or designee.
Hamlet, 19-018
Page 9
b. Sub -Section 317.2 includes Administrative Regulation 317.2-AR-1 of 1 which
addresses sick and personal leave and provides, in part, the following:
1. All absences resulting from sickness or accident must be certified by the
employee.
2. A physician's certificate is required when an employee is:
aa. Absent both on a Friday and the following Monday;
bb. When the absence is three days or more in duration;
CC. When an employee is absent both the day before and the day after a
holiday period; and
dd. When, in the opinion of the immediate supervisor, an employee has
used sick leave excessively in one- or two-day absences.
C. Sub -Section 309 is entitled Outside Activities/Consulting and provides that "any
monetary renumeration received from [serving as consultants to other school
districts, educational entities or others or to engage in writing or speaking activities]
shall be retained by the employee."
20. Section 700: Finances as contained within the District Policy Manual includes, in part, Sub -
Section 714 — Travel and Professional Leave and Administrative Regulation No. 724-AR-
1 of 1 -- Guidelines for Use of Procurement Cards.
a. Sub -Section 714 provides, in part, the following:
The Superintendent or designee, in consultation with the Board President,
has the authority to approve professional leave for employees to travel on
District business and for professional development so that employees may
attend trips, make visits, attend official meetings, and represent the District
at conferences held by organizations in which the District is a member.
aa. Expenses authorized for payment include necessary travel expenses,
meals, registration, lodging, and other accompanying expenses.
2. The Superintendent or designee, in consultation with the Board President,
has the authority to approve professional development leave not at Board
expense for employees to attend conferences and seminars as requested by
employees.
3. Any professional development leave at Board expense, regardless of reason,
which requires travel out of the country and/or travel expenses in excess of
$2,000.00 must be approved by the Board at a regularly scheduled or special
public meeting.
4. Contract and/or grant conditions which require employee attendance at
conferences and seminars are to be outlined when the contract and/or grant
acceptance is presented to the Board to ensure that prior approval is
obtained at a regularly scheduled or special public meeting.
Hamlet, 19-018
Page 10
b. Administrative Regulation No. 724-AR-1 of 1, provides, in part, the following:
1. Procurement Card use for personal purchases is strictly prohibited.
aa. Procurement Cards are to be used for District purchases only.
2. Misappropriation of funds requires full restitution to the District with
interest.
C. The District issues complete payment for each of its individual Procurement Cards
under Account No. x-3828 via one monthly debit documented as Corporate ACH
Autopay Card Services x-3828 on the District General Fund statement from PNC
Bank.
1. Dr. Hamlet's personal assistants have access to and the ability to make
charges on the Procurement Card issued to him by the District. His personal
assistants routinely charge his Procurement Card in booking travel and other
expenses for Dr. Hamlet.
aa. Approximately 90% of the charges made on Dr. Hamlet's
Procurement Card are made by his assistants.
bb. In an interview with the Investigative Division, Dr. Hamlet
acknowledged that his travel planning charges default to his
Procurement Card unless he gives his assistants an
alternative/personal means of payment.
21. Section 800: Property, as contained within the District Policy Manual includes, in part,
Sub -Section 802 — Gifts, Grants, and Donations.
a. Sub -Section 802 provides, in part, the following:
I. The Board has the authority to accept gifts, grants and donations made to
the District or to any school in the District.
aa. The Superintendent is authorized to act as the Board's designee for
acceptance of gifts and may accept gifts, grants or donations totaling
a maximum of $1,000 in value.
i. The Superintendent is required to inform the Board of all
accepted gifts, grants and donations at the next Legislative
Meeting of the Board.
22. Section 900: Operations, as contained within the District policy manual includes, in part,
Sub -Section 917 — Code of Ethics/Conflict of Interest.
a. Sub -Section 917 provides, in part, the following:
1. No Board Member, employee, consultant, independent contractor, or
volunteer of the District shall use his/her position or any information
received through his/her position to obtain a financial gain, other than
compensation provided by law, for himself/herself, a member of his/her
Hamlet, 19-018
Page I I
immediate family, or a business with which he/she or a member of his/her
immediate family is associated.
2. No employee shall solicit or accept from any party doing business with the
District or interested in doing business with the District anything of value
except:
aa. Gifts from family members wherein the motivation is the family
relationship;
bb. Non -pecuniary awards publicly presented in recognition of public
service;
CC. Admission to charitable, civic, political or other public events or
attendance at business meetings where refreshments or meals of
nominal value may be provided;
dd. Travel expenses reimbursed for attendance at official meetings; and
cc. Samples provided as promotional materials (pens, notepads, etc.)
3. No public official or public employee shall accept an honorarium.
aa. The term "honorarium" as defined in the Policy excludes payments for
"nonpublic" services.
4. The Superintendent and Secretary to the Board have responsibility for
ensuring that a copy of the policy is provided to/available to all District
employees.
5. The Superintendent and Secretary to the Board have responsibility for
ensuring that prospective bidders and vendors, among others, are aware of
the policy by whatever means practical and effective, including reference in
bid specifications and requests for proposals.
23. The District typically follows an established procedure for approval of contracts in relation
to professional services.
a. Details of the services to be provided are entered in the form of a BoardTab into
the Consultants/Contracted Services section of BoardDocs by an employee of the
office or department initiating/proposing the contract.
1. If the service/contract receives the appropriate approvals (via the applicable
approval tree), the service/contract is placed on the proposed agenda for
consideration/discussion at the Superintendent's Agenda Review Meeting,
the Board Agenda Review Meeting, or as a walls -on agenda item at the
Board Legislative Meeting.
b. If approved by the Board, the contract initiator is to complete a Contract Request
Form ("CRF") and forward the CRF to the District Law Department ("Law
Department") for creation of a draft contract.
Hamlet, 14-018
Page 12
1. The Law Department creates a draft contract utilizing information
contained within the CRF as well as information contained within the actual
BoardTab approved by the Board.
aa. The Law Department relies on information documented within the
BoardTab to generate the draft contract in the absence of a CRF.
2. The amount of detail included within the draft contract is directly
proportional to the amount of detail present within the CRF and/or the
approved BoardTab.
c. Once drafted, the Law Department emails the contract to the contract initiator for
review and subsequent forwarding to the contractor/vendor.
1. The contractor/vendor is to review, sign, and return three original copies of
the contract to the District.
aa. Upon receipt at the District, the original copies are presented to the
Law Department and subsequently provided to the District Solicitor
and Board President for signature.
i. Once signed by the District Solicitor and Board President,
the contract is provided to the District Controller's Office for
final signature and return to the Law Department.
ii. The contract is considered to be fully executed upon
signature of the District Controller.
d. After the contract is fully executed, the Law Department scans one original copy of
the contract and provides the contract via email to the contract initiator, the District
Controller, and the Finance Department.
1. The Finance Department must have a fully executed copy of the contract on
file in order to issue payment pursuant the contract.
e. The Law Department subsequently returns one original copy of the contract to the
vendor/contractor and maintains the two remaining original copies of the contract.
24. The process through which the District issues payment to vendors/contractors for
professional service contracts is typically initiated upon receipt of an invoice at the District
from the vendor/contractor.
a. Invoices to be processed are forwarded for review to the office/department
initiating the contract request or the office/department through which the services
are assigned (if different from the requesting office/department).
1. The District employee responsible for processing/reviewing invoices for the
applicable office/department reviews the invoice with the District contract
contact to ensure that the services documented on the invoice for payment
have been performed/received.
Hamlet, 19-018
Page 13
2, if verified, the District employee completes a District DBA2 Payment
Requested for Authorized Contract form to request payment for the
contracted services.
aa. Upon completion, the DBA2 is signed by the department head and
the individual with authority over the office/department budget
account line and is subsequently forwarded to the Finance
Department for review and signature of the Chief Financial Officer
for payment to the vendor/contractor.
i. The signature of the individual holding authority over the
applicable office/department account line effectively
authorizes issuance of payment to the vendor.
ii. No payment is to be issued if a signature other than that of
the authorized office/department representative is present or
if the required signature is blank.
25. Contracts executed between the District and vendors/contractors are often paid in one lump
sum amount upon completion of the terms as detailed in the executed contract.
a. Exceptions may exist if, for example, a specific payment schedule is detailed within
the minutes documenting approval of the applicable BoardTab/executed contract
or if the vendor/contractor issues invoices for partial payment of the total contract
amount as services are provided.
26. District representatives seeking approval to travel for District -related business are
generally required to complete a District DBA3 Travel Request document.
a. The DBA3 form includes written guidelines and reminders for travel at District
expense and/or during District workdays which detail, in part, the following:
1. Travel is permissible when mandated by grant, by state or federal agency,
or by the District;
aa. Explicit documentation necessitating the travel must be attached.
2. Professional development outside of the guidelines noted is only
permissible if all of the following requirements are met;
aa. Employee cannot complete assigned responsibilities without
requested training.
bb. Similar training is not offered within the District.
CC. A substitute teacher will not be required.
dd. Travel expenses are to be paid by supplemental funds or third party.
i. Written guidelines direct administrators to use extra caution
when requesting or approving non -local professional
development.
Hamlet, 19-018
Page 14
3. Justification must be provided with appropriate documentation attached;
and
4. Board approval (submitted as a BoardTab for a regularly scheduled Board
meeting) is required for the following circumstances;
aa. Trips costing the District $2,000.00 or more.
bb. Travel destinations that could be deemed "exotic."
CC. Accumulated professional development in excess of six days for an
individual during a school year.
b. The written guidelines, in part and in substance, further state that administrators
must use discretion when planning for mandated travel or professional development
and designate as few attendees as legitimately possible; designated attendees should
be prepared to train colleagues upon return; and justification must be provided
when more than two individuals are attending from the same school or department.
C. The written reminders on the DBA3 form specifically identify that it is the
responsibility of the traveler to familiarize himself/herself with the Board travel
policy, to complete his/her travel request in full, and to submit the travel request in
a timely fashion.
I . Travel requests are to be received by the traveler's executive director at least
21 days prior to travel.
aa. Exceptions are permissible for grant, state, or federally -mandated
travel and for chaperones.
bb. When flying at Board expense, travel requests are to be received by
the traveler's executive director at least 45 days prior to departure to
obtain the most cost-effective flights.
27. Information called for on DBA3s includes, in part, the following:
a. The typed name and signature of the District representative/employee participating
in the travel;
b. Identification of the school, office, or department of the District
representative/employee participating in the travel;
C. The travel start and end dates, travel destination, travel purpose, and travel
justification;
d. Classification of the travel/absence from the District as one of the following:
Professional Development;
aa. Travel for Professional Development is defined as travel by a
District representative/employee which requires payment of a
registration fee or any other payment to attend a workshop,
conference, or seminar.
Hamlet, 19-018
Page 15
2. Official Representative;
aa. Official Representative is defined as a delegate, official,
representative, etc., traveling to an event for which no registration
fee is charged for the individual's attendance.
3. Granting Agency Required;
4. Presenter;
5. Chaperone;
6. Recruitment (Human Resources); or
7. Parent Involvement.
e. Documentation if the travel is or is not at Board expense;
f. The mode of transportation;
g. A "not to exceed" total estimate for all costs associated with the trip;
h. Identification if a Board Authority/Travel waiver is attached;
1. Travel waivers are required for any travel with estimated total costs over
$2,000.00 and/or any travel out of the country.
i. Documentation of advance payments made;
j. The budget line item account to which the travel is to be charged; and
k. Signature of the representative's/employee's immediate supervisor and upward
through the "chain -of -command" as applicable.
I. The Board President serves as the Executive Director of the Superintendent
for required District approvals.
2. As Superintendent, the signature of the Board President is to be on the
DBA3 for District-related/professional development travel for Dr. Hamlet.
aa. The Board President's signature authorizes Dr. Hamlet's travel and
absence from the District.
bb. A DBA3 is not required for vacation, personnel leave or sick leave.
28. Once the DBA3 is completed and approved, flight arrangements may be made for the
District representative/employee through Peoples Travel Agency, Inc. ("Peoples Travel").
a. Peoples Travel purchases District airline tickets via a business credit card and
routinely invoices the District once per month for all charges incurred.
1. The District issues one lump sum payment to Peoples Travel every month
via check from its General Fund paying the balance due in full.
b. Peoples Travel requires receipt of a completed and approved DBA3 in order to
book flights for District representatives/employees.
Flamlet, 19-018
Page 16
29. The travel policy indicates that District representatives/employees are to complete a DBA3
for all travel unless the travel is local, a substitute is not required, and there are no Board
expenses.
a. The DBA3 documents the authorization for the travel and the District
representative's/employee's absence from the District during normal District
business days and hours.
b. A DBA3 is not required for vacation, personnel leave or sick leave.
30. The travel policy indicates that District representatives seeking reimbursement for
expenses incurred during District -related travel are to complete a District DBA4 Expense
Account Memorandum document.
a. Information called for on DBA4s includes, in part, the following;
1. The typed name and signature of the District representative/employee
participating in the travel;
2. The travel start and end dates, travel destination, and travel purpose;
3. Expense descriptions including transportation, hotels, meals, registration
fees, and other expenses;
aa. Receipts are to be attached to the DBA4 for transportation, hotel,
and registration expenses unless paid by the District in advance.
bb. The District utilizes a per diem rate guide/practice for payment of
meals and incidental expenses while in travel status.
CC. Per diem reimbursements claimed are to be documented on a
District DBA4a form for submission with the traveler's DBA4.
4. Signature of the District representative's/employee's department director or
building Principal;
5. Total estimated cost of the travel from the approved DBA3;
6. Reimbursement due or balance due the District;
7. Hamlet does not fill out his own travel forms (DBA3s or DBA4s), although
he does sign the forms that are submitted.
aa. Dr. Hamlet's assistants fill out his DBA3s based upon information
provided by Dr. Hamlet, Fearbry-Jones, or others. Dr. Hamlet's
assistants fill out his DBA4s based on receipts and other information
typically provided by Dr. Hamlet, but which may also come from
other sources such as Fearbry-Jones or emails.
31. Per the travel policy, individuals traveling for District business are to complete a District
Section 2.7 Travel Report Form within two days following the return from travel.
Hamlet, 19-018
Page 17
a. Information called for on the 2.7 Travel Report Form includes the following:
1. The name, position, and school/department of the District
representative/employee who participated in the travel;
2. The travel start and end dates and travel destination;
3. How the travel related to the District's reform agenda;
4. Identification of follow-up activities/initiatives to be planned as a result of
the information learned from the travel and professional opportunity;
5. Identification of the most significant benefits of the travel experience and
elaboration on how the information is to be shared among staff; and
b. Date submitted.
b. Per the policy, the 2.7 Travel Report is to be forwarded via email to the individual's
designated executive director, immediate supervisor, and the Board office.
C. Multiple witnesses (including a Board Member and the District's Chief Financial
Officer) stated that Dr. Hamlet is not required to complete a Form 2.7 related to his
travel.
32. Each department within the District Administrative Building has an employee who serves
as the designated timekeeper for his/her department to record employee absences from the
District on regular workdays.
a. An employee may inform his/her department timekeeper of his/her use of leave
(vacation, sick, personal, bereavement, etc.) or work -related absence (i.e., District -
related travel) verbally, electronically, etc., to be entered into the District
PeopleSoft System. The timekeeper is responsible for taking this information and
inputting it into PeopleSoft.
l . Each District employee has a specific allotment of leave available based on
his/her position, tenure, etc.
2. The District PeopleSoft System enables the District to track the amount of
leave taken by each employee as entered by the timekeeper.
b. Although the information is inputted by the timekeeper, each employee still
remains responsible for the proper reporting of leave time utilized and his/her
available balances throughout the school year.
1. Each employee's available leave balance is documented on his/her
respective paystubs.
2. Employees can request identification of the number of leave days used and
the available balance remaining from the timekeeper at any point during a
school year.
33. Dr. Hamlet has maintained various mediums throughout his tenure as the Superintendent
(at a minimum) through which he can be contacted.
Hamlet, 19-018
Page 18
a. Dr. Hamlet has/had access to and/or maintains/maintained at least five separate
email addresses during his tenure as the Superintendent including at least three
through the District and two personal.
District Personal
axxxx@pghschools.arg xxxxx(c gmail.com
axxxx hboe.net xxxxxxxx(a gmail.com
sxxxxxxx@pghschools.org
b. Dr. Hamlet had access to and/or maintained at least two cellular telephones during
his tenure as the Superintendent, including a District -owned cellular telephone
through Sprint (Account No. xxxxx69) and a personally owned cellular telephone
through AT&T (Account No, xxxxxx38).
1. Dr. Hamlet has maintained his personal cellular telephone account with
AT&T since at least November 2008.
2. Dr. Hamlet's personal cellular telephone number has not changed since the
account has been with AT&T.
34. Barrington hying ("Irving") is the founder and Chief Executive Officer of The Flying
Classroom, LLC ("The Flying Classroom").
a. The Flying Classroom is registered with the Florida Department of State, Division
of Corporations, as a Florida Limited Liability Company under Document Number
L13000153675.
I. The Flying Classroom originally filed for registration as a limited liability
company in Florida on October 30, 2013.
2. The Flying Classroom's current principal and mailing address is 14850 NW
44th Court, Suite 203, Opa Locka, FL 33054.
35. The Flying Classroom is generally marketed as a K-8 integrative STEM+ ("Science,
Technology, Engineering, Math") supplemental curriculum which includes standards and
principals aligned to STEM as well as related activities regarding geography, informational
literacy, writing, art, and social studies. According to its website, The Flying Classroom
curriculum has been implemented and used in school districts across the nation.
a. The Flying Classroom is advertised as serving as an instructional STEM tool for
teachers through implementation of STEM integrative instruction with students.
1. The Flying Classroom curriculum is based, in part, on Irving's global
travels.
b. The Flying Classroom is advertised as providing students with the opportunity to
engage in current events to enhance the relevancy of content and conceptual
understandings of students.
36. The Flying Classroom is a web -based program which is accessed by teachers through an
online platform providing access to "expeditions" which compose the program curriculum.
Hamlet, 19-01 S
Page 19
a. Teachers are provided with an individual password and username to access the
expedition lessons.
1. Teachers are regularly referred to as "Lead Explorers" within the
cuff iculum.
b. Each expedition is typically composed of separate lessons identified as Engage,
Explore, and Innovate.
Each lesson is typically further composed of a three-part workshop model
to navigate students through the content (opening, work time, and closing).
37. Additional services provided by/available through The Flying Classroom include:
• Professional Development;
• Irving Speaking Series;
• STEM Expos and festivals;
• STEM Materials (customized materials/resource packages);
• Materials Packages;
• Helicopter Fly -In Events;
• STEM Partnership Documents; and
• Lead Explorer Expeditions.
a. Lead Explorer Expeditions are advertised as part of the core of The Flying
Classroom professional development.
1. Lead Explorer Expeditions are marketed as being uniquely designed and
tailored to the preferences of the Lead Explorers implementing The Flying
Classroom.
2. The Flying Classroom Lead Explorer Expeditions have been part of The
Flying Classroom programming in school districts across the nation.
Examples can be seen at https://flyingelassroom.con-/professional/.
38. The District approved implementation of a comprehensive K-12 Science, Technology,
Engineering, Arts, and Mathematics ("STEAM") model via Resolution at the Board's
September 23, 2014, Legislative Meeting.
a. STEAM represents STEM plus the arts such as humanities, language arts, dance,
drama, music, etc.
1. Both STEM and STEAM focus on scientific concepts; however, STEAM,
as a teaching concept, does so through inquiry and problem -based learning
methods used in the creative process.
b. A specific presentation regarding the District's STEAM Initiative was put forth to
the Education Committee as a Whole on October 6, 2014.
39. Irving was invited to the District on March 41h — 5`h, 2015, to participate in an event for We
Promise Students, to speak as a keynote speaker during a Leading & Learning Institute for
Hamlet, 19-018
Page 20
District leaders, and to explore the feasibility of implementing his The Flying Classroom
curriculum as part of the District's STEAM initiatives.
a. Irving was invited to travel to the District and participate in the activities by Dr.
Donna Micheaux ("Michaeux"), District Deputy Superintendent at that time.
1. Micheaux had previously been exposed to Irving/The Flying Classroom
through her attendance at an educational conference.
2. Micheaux had contacted Irving/The Flying Classroom after the conference
to obtain additional information on The Flying Classroom program.
40. The Flying Classroom concept was introduced to the District curriculum and instruction
team by Micheaux to review for the potential weaving into the District STEAM program,
and to determine its suitability for the District.
a. Records indicate, in substance, that the District curriculum and instruction team at
that time found The Flying Classroom program to be cost prohibitive and in need
of additional development/work.
b. The District administration in place at that time did not pursue The Flying
Classroom program further.
41. Dr. Hamlet had no familiarity with, knowledge of, and/or exposure to Irving prior to Dr.
Hamlet's employment with the District.
a. Dr. Hamlet was first introduced to Irving through an email from Debra Kerr
("Kerr"), Head of US Sales, Global Learning, Age of Learning, Inc.
b. Dr. Hamlet and Irving's relationship is strictly professional in nature.
42. Kerr's email to Dr. Hamlet resulted in an in -person meeting on August 5, 2016, including
Dr. Hamlet, Fearbry-Jones (District Chief of Staff), Niquelle Cotton (Chief Executive
Officer of Q-factor Consulting, LLC), Kerr, and Irving at the District Administrative
Building to discuss the possibility of the District using The Flying Classroom's curriculum.
a. Cotton subsequently emailed Dr. Hamlet and Fearbry-Jones on August 10, 2016,
regarding the meeting and scheduling a call with Fearbry-Jones (at Dr. Hamlet's
direction) to discuss the exploration of how to best infuse content from The Flying
Classroom into select pilot schools.
1. Dr. Hamlet responded via email to Cotton on August 11, 2016, in substance,
that the District was looking forward to the next steps.
43. On October 10, 2016, Irving initiated contact with Dr. Hamlet via email which included an
attachment consisting of a proposal for the implementation of The Flying Classroom
program/curriculum to serve fifty teachers within the District at a cost of $238,460.00.
a. The subject of the email was, "Capt. Barrington Irving Pittsburgh Proposal."
I . Dr. Hamlet was the sole District representative included on the email.
Hamlet, 19-018
Page 21
b. In the email Irving expressed his interest in speaking to Dr. Hamlet on October I I'h
or 1P, 2016, regarding the proposal.
44. The October 10, 2016, proposal and accompanying cost sheet detailed multiple services to
be provided through the program, including curriculum implementation and in -District
teacher expeditions.
a. The curriculum and in -District teacher expedition descriptions within the proposal
asserted the following:
l . Teachers were to have access to utilize the curriculum as of the beginning
of the contract to explore program lessons and activities.
aa. The proposal identified teacher participants to be selected by
District administrators with the following teacher positions
specifically recommended by The Flying Classroom:
i.
STEM resource teachers;
ii.
Reading coaches;
iii.
Any K-8 grade level teachers;
iv.
Homeroom teachers;
V.
Gifted/Special Education teachers;
vi.
Science specialist teachers; and
vii.
Aftersehool lead teachers.
aaa. The Flying Classroom's recommendations for
individuals in positions suited for service as Lead
Explorers for classroom instruction did not include
any administrative positions.
b. The in -District teacher expedition description within the proposal asserted, among
other things and in substance, the following:
The greatest asset a teacher can have is the knowledge of how they begin to
explore and maximize STEM resources within their local community.
2. The Flying Classroom provides teacher expeditions in order to enrich the
experience of STEM learning from within the local community.
3. Teachers are to learn the way in which The Flying Classroom provides
exciting real world experience which can be taken back to the schools via
curriculum units with the goal of creating an experience that supports
schools in teaching the importance of STEM+ subjects.
c. Language in the proposal specifically identified the expedition as relating to the
local community.
l . The proposal had a fee of $31,960.00 for eight in -District expeditions.
Hamlet, 19-018
Page 22
45. In an October 16, 2016, email to Dr. Hamlet, Irving acknowledged speaking with Dr.
Hamlet during the week of October 10th, 2016, and as a follow up to his prior conversation
with Dr. Hamlet regarding the District contracting with The Flying Classroom.
a. Irving specifically referenced following -up with Dr. Hamlet regarding a virtual
walkthrough of the program as well as Irving's thoughts for the high school
program.
b. Irving requested to speak with Dr. Hamlet again on October 19th or October 201h
1. Dr. Hamlet emailed Irving on October 1 &th, 2016, affirming his availability
to speak on October 201h
aa. Dr. Hamlet courtesy copied multiple District representatives on the
email, including Fearbry-Jones and Deputy Superintendent Anthony
Anderson.
C. The Flying Classroom subsequently scheduled the conference call and virtual
walkthrough for October 201h, 2016, at 1:30 p.m.
46. Dr. Hamlet and additional District personnel reviewed The Flying Classroom program and
participated in the virtual walkthrough.
a. The District did not move forward with Irving's initial proposal at that time.
47. Although the District did not pursue The Flying Classroom's initial proposal, Dr. Hamlet
and Irving, in 2017, exchanged multiple emails and had phone calls regarding the possible
implementation of The Flying Classroom program at the District.
a. The communications included discussions about The Flying Classroom donating
an airplane engine to the District.
b. Based on phone records, Irving and/or Dr. Hamlet contacted (or attempted to
contact) each other by telephone a minimum of five times during the time frame of
March 13, 2017, through March 21, 2017.
C. Dr. Hamlet and Irving exchanged seven emails on March 21, 2017, with the subject
"Aviation Program," in which Irving provided detailed dimensions of an engine to
be donated to the District.
1. The engine was a Boeing 727 engine which, when new, was allegedly
valued at approximately $490,000.00.
aa. The engine was not new and had it not been donated would have
been scrapped.
d. Additional information presented within the email string included:
1. Dr. Hamlet's concern that the District did not have space at a school to
house the engine,
2. Irving's query if the engine could be temporarily stored in one of the District
automotive facilities,
Hamlet, 19-018
Page 23
3. Irving's suggestion to set up the aviation program to launch in the fall.
e. The District had no executed contract with Irving/The Flying Classroom at this
time.
f. Via the emails and on behalf of the District, Dr. Hamlet accepted donation of the
engine from The Flying Classroom on or about March 21, 2017.
48, The District agreed to the donation of an engine facilitated through Irving/The Flying
Classroom at a time when Irving was actively seeking to do business with the District
through The Flying Classroom.
a. The District agreed to the donation of the engine through Irving and/or The Flying
Classroom for Board approval but prior to seeking or receiving Board approval.
b. The Board retroactively authorized acceptance of the engine via 8-0 unanimous
vote at its April 26, 2017, Legislative Meeting.
49. On April 27, 2017, Irving initiated contact with Dr. Hamlet via email which included an
attachment consisting of a second proposal dated March 2017 for The Flying Classroom
program to serve 125 teachers within the District at a cost of $426,255.00.
a. The subject of the email was, "Flying Classroom Pittsburgh Schools Proposal."
1. Dr. Hamlet was the sole District representative included on the email.
b. Irving identified the proposal for The Flying Classroom curriculum to be
implemented for the upcoming 2017 — 2018 school year and expressed his interest
in speaking to Dr. Hamlet on May 8th or 9th to get Dr. Hamlet's thoughts.
50. The March 2017 second proposal and accompanying cost sheet detailed multiple services
to be provided through the program, including curriculum implementation and Lead
Explorer Expeditions.
a. The curriculum implementation and Lead Explorer Expedition descriptions within
the proposal were similar to the first The Flying Classroom proposal submitted to
the District.
1. Lead Explorers were to engage in STEM expeditions that correlated to the
content of The Flying Classroom.
2. The fee for the Lead Explorer Expeditions was $30,000.00 for 20
teachers/administrators to attend 6 expeditions.
b. The Flying Classroom Professional Learning Team was to organize STEM
expeditions for Lead Explorers to participate in a STEM+ experience.
1. The experience was to include The Flying Classroom partnering with local
entities to educate Lead Explorers through experiential STEM.
51. Although no action was taken to approve Irving's/The Flying Classroom's second
proposal, the District continued efforts to include and/or use the donated engine in relation
to the District Career Technical Education ("CTE") curriculum.
Hamlet, 19-018
Page 24
a. Angela Mike ("Mike") is the Executive Director of the District CTE curriculum.
Mike became aware of the donated engine when the District was
considering the possibility of piloting a CTE Aerospace Engineering/Flight
Class course at Langley K-8.
2. Mike believed that The Flying Classroom program, coupled with the pilot
course, could provide an opportunity for cross -curricular activities.
b. In a May 8, 2017, email, Mike asked Dr. Hamlet and Fearbry-Jones if she could
have the specifications on the engine in order to determine if the room at Langley
K-8 could hold the engine, if reinforcement was needed, etc.
C. Dr. Hamlet responded to Mike via email that same day that he was copying Irving
on the response as a virtual introduction.
Dr. Hamlet added his understanding that there may be an opportunity to
complete a plane build and possibly more.
aa. Phone records indicate that Dr. Hamlet and Irving made contact (or
attempted to make contact) via cellular telephone as recently as May
5, 2017.
2. Dr. Hamlet directed Mike to keep him, "...in the loop."
d. Ronald Joseph ("Joseph"), District Chief Financial Officer, informed Mike via
email dated June 9, 2017, that the engine could not be housed in Langley without
substantial modification to the building which could not occur for the 2017 — 2018
school year.
Dr. Hamlet was copied on Joseph's email to Mike.
52. In 2017, Dr. Hamlet had direct celphone and secondary email communication with Irving
as well as District personnel related to The Flying Classroom.
a. Dr. Hamlet and Irving contacted and/or attempted contact with one another via
cellular telephone a minimum of fourteen times during the period of June 13, 2017,
through September 18, 2017.
b. Dr. Hamlet initiated, received, and/or was copied on email transmissions associated
with The Flying Classroom program as detailed below:
I. Dr. Hamlet initiated contact with Mike via email dated August 29, 2017,
copied to Irving, resulting in an email string in which:
aa. Dr. Hamlet requested an update on the Langley K-8 Aviation
program and expressed his desire for Irving's The Flying Classroom
engine build to be part of the program,
bb. Mike responded that she had spoken to Irving on August 28, 2017,
and that adjustments had been made to the original plan because of
the District's inability to house the engine at Langley K-8 due to its
Hamlet, 19-018
Page 25
size as well as Irving investigating pieces of The Flying Classroom
that would fit with the aerospace and flight course, and
CC. Dr. Hamlet thanked Mike for the information and offered his
support.
2. Irving initiated contact with Mike via email dated September 7, 2017,
copied to Dr. Hamlet during which Irving, in substance, noted that he spoke
to Dr. Hamlet on September 6, 2017, and that Dr. Hamlet wanted the option
of having Langley students build an airplane.
aa. Dr. Hamlet's cellular telephone records confirm three calls initiated
by Irving on September 6, 2017, to Dr. Hamlet's cellular telephone
number with the second call lasting 9 minutes and 27 seconds in
duration.
53. On September 19, 2017, Irving emailed Dr. Hamlet a third proposal dated September 2017
for the implementation of The Flying Classroom program to serve 66 teachers within the
District at a cost of $456,340.00.
a. The subject of the email was, "Flying Classroom Proposal."
1. The email was sent to Dr. Hamlet and copied to Mike and Jamie Griffin,
District Executive Director, K-12 Mathematics, Science & STEAM.
b. Irving identified the attachment as the proposal for The Flying Classroom
curriculum for the District for the 2017 -- 2018 school year as follows:
1. Implementation of The Flying Classroom Curriculum to include:
aa. A helicopter fly -in;
bb. STEM Fest;
CC. Teacher Professional Development / In School Coaching;
dd. A teacher expedition;
ee. A visit by Irving to all participating schools; and
ff. Material kits.
2. The Langley Middle School program to include:
aa. Creation of an aviation lab;
bb. Launch of a weather balloon to space and capturing footage; and
CC. Building an airplane from scratch for which Irving asserted having
secured almost $20,000 in sponsorships in order to lower the cost.
3. The email indicated that Dr. Hamlet had directed that the programmatic cost
be split into two separate amounts.
Hamlet, 19-018
Page 26
54. Irving's September 2017 proposal and/or accompanying cost sheet detailed multiple
services to be provided through the program, including curriculum implementation and
Lead Explorer Expeditions.
a. The Lead Explorer Expeditions, as proposed, included 3 expeditions with 25
participants each.
b. The expeditions were to be partnered with local entities.
55. Based on records, Dr. Hamlet continued to communicate with Irving verbally and via email
after receipt of Irving's third proposal regarding implementation of The Flying Classroom
program at the District.
a. Dr. Hamlet contacted Irving via Dr. Hamlet's District -issued cellular telephone on
October 3, 2017, at 10:08 p.m. for a duration of approximately 14 minutes.
b. Irving emailed Dr. Hamlet on October 17, 2017, referencing Dr. Hamlet's previous
suggestion that Irving meet at the District with Dr. Hamlet's team on the afternoon
of October 19, 2017.
C. Dr. Hamlet contacted Irving via Dr. Hamlet's District -issued cellular telephone on
October 19, 2017, at 6:54 p.m. for a duration of approximately one minute.
I . Irving returned Dr. Hamlet's telephone contact on October 19, 2017, at 6:56
p.m. for a duration of four minutes.
d. Irving emailed Dr. Hamlet on October 20, 2017, referencing having spoken to Dr.
Hamlet on October 19, 2017, as well as Irving's availability to meet with Dr.
Hamlet's staff members on October 25, 2017, in preparation of implementation of
The Flying Classroom program.
1. According to the email, elements of the proposal to be reviewed at the
meeting were to include programmatic overviews, implementation, and
timeline.
2. The meeting was ultimately scheduled for November 3, 2017, to be held in
Room 111 at the District Administrative Building.
e. The District had no executed contract with Irving/The Flying Classroom at this
time.
56. IndividuaIs participating in the November 3, 2017, meeting included Dr. Hamlet, Mike,
and Dr. Rodney Necciai ("Necciai") on behalf of the District, and Irving and Hannah
Maharaj on behalf of Flying Classroom.
a. Prior to the meeting, Dr. Hamlet and Necciai discussed The Flying Classroom
program, including the potential benefits of incorporating the program in select
District schools which did not have an existing STEAM association, and the need
for Necciai to be involved in the project.
Hamlet, 19-018
Page 27
1. Necciai, at that time, was one of four Assistant Superintendents for
Instructional Leadership at the District. He currently is the Assistant
Superintendent for Student Services.
2. With several cabinet positions open at the time, Dr, Hamlet had a more
hands-on role than normal.
b. Dr. Hamlet asked Necciai to attend the meeting because, if implemented, he would
be one of the lead participants from District administration.
1. The vision for the program as developed by Dr. Hamlet, Necciai and others
was for the program to be implemented in one pair of "gateway" schools in
three of the District's geographical areas for a total of six schools initially.
aa. Gateway schools represent schools in the same geographical area
which flannel students from one school to another upon achieving a
specific grade level.
57. On November 8, 2017, Maharaj emailed Dr. Hamlet, Mike, and Necciai, copied to Irving,
expressing The Flying Classroom's desire to work with the District and raised questions
regarding specific goals.
a. Necciai spoke with Dr. Hamlet on November 14, 2017, during which Dr. Hamlet
and Necciai outlined answers to the specific "goal" questions posed in Maharaj's
email of November 8, 2017.
b. Maharaj's November 14, 2017, email specifically referenced "setting tentative
dates for a STEM+ Expedition to South Florida."
58. In an email dated November 14, 2017, to Dr. Hamlet, Mike, and Maharaj (copied to Irving)
Necciai, in substance, relayed Dr. Hamlet's desire for the District to proceed according to
the answers previously outlined with the District team, including Dr. Hamlet.
a. Necciai incorporated the substance of the answers outlined with the District team,
including Dr Hamlet although Dr. Hamlet was not involved in the initial planning
but was presented with the plan after it was developed by the District team, in red
font to Maharaj's original emailed questions as detailed below:
1. Q: Irving briefly sharing his story via presentation to the Board on
November 21, 2017 or December 5, 2017;
A: When we get further into the process, we will set tip a presentation to the
Board.
2. Q: Establishing a number of schools to work with during the initial year of
implementation;
A: We would like to begin with 2 schools (Langley K-8 to Brashear high
School), but also include 4 others in the conversation to potentially be
added in the spring (Arlington K 8 to Carrick High School and Colfax K 8
to Allderdice High School) — this would give us three regional K-12 STEM
pathways in non -magnet schools by the spring.
Hamlet, 19-018
Page 28
3. Q: Irving and the Flying Classroom team visiting 6 — 7 schools on
November 30th — December Pt, 2017 to share Irving's "journey into STEM"
and his "global adventures around the world" with students;
A: We can make arrangements for these visits to occur as best we can by
the 30"' / 1st
4. Q: Hosting a dinner the evening of November 30, 2017 for principals and
District administrators the District identified as Flying Classroom schools
for participants to learn more about Flying Classroom;
A: We would invite the principals (6), CTE Director, and Assistant
Superintendents that work with those schools (3), along with Dr. Dr.
Hamlet, and any other appropriate central office personnel.
5. Q: Visiting Langley K-8 on November 301h or December 1", 2017 to
evaluate the facilities based on a vision for Langley K-8 to serve as a
potential host site for a plane build; and
A: This visit will he no problem to coordinate.
6. Q: Setting tentative dates for a STEM+ Expedition to South Florida.
A: We can re -visit this timeline in the spring.
b. The District had no executed contract with Irving/The Flying Classroom at the time
that a STEM+ Expedition to South Florida was first referenced.
59. The dinner meeting between District representatives and The Flying Classroom personnel
tentatively scheduled for November 30, 2017, was not held at that time.
a. The dinner meeting was rescheduled for December 18, 2017.
60. Necciai subsequently sent an email to Dr. Hamlet dated December 8, 2017, providing
updates on topics including The Flying Classroom, in part, as follows:
a. Irving and Maharaj were returning to the District on December 18, 2017, to tour
District schools Langley K-8 and Brashear High School and to hold the
informational dinner for principals of the other pathway schools identified.
b. A request for The Flying Classroom to provide an updated cost proposal based on
Langley K-8 and Brashear High School for spring 2018 and adding the six
remaining schools in fall 2018.
C. Necciai questioned Dr. Hamlet, "Does all this work for you so far?"
61. Dr. Hamlet responded to Necciai via email that same day indicating, in substance, that the
information regarding the progression of The Flying Classroom program "sounds good."
Hamlet, 19-018
Page 29
a. In his response, Dr. Hamlet also asked Necciai to ensure that Anderson, May -Stein,
Griffin, and Vincent Scotto, newly employed District STEAM Coordinator, were
looped in the progression.
62. Per Dr. Hamlet's email, Necciai transmitted an email dated December 10, 2017, to
Anderson, May -Stein, and Griffin, copied to Dr. Hamlet, Mire, and two additional District
personnel, with the subject of "Flying Classrooms."
a. Neeciai's email identified the vision for The Flying Classroom program to build
regional K-12 pathways in non -magnet schools throughout the District with four
regional pathways as potential sites.
b. Necciai's email documented the tentative plan to incorporate the program at
Langley and Brashear in spring 2018 and add the other six schools in fall 2018.
C. Necciai's email served as an invitation to the recipients, as well as the principals of
the schools identified, to the tentative December 18, 2017, dinner meeting to be
held at the Administrative Building where Irving was to present information about
the program.
d. Necciai's email concluded by stating that calendar emails would be sent once
everyone was in agreement on the identified schools and the specific location of the
dinner meeting was established.
63. On December 15, 2017, Maharaj initiated email contact with Dr. Hamlet, Necciai and
Mike, which included an attachment consisting of an updated (fourth) proposal dated
December 2017 for the implementation of The Flying Classroom program to serve 10
teachers within the District at a cost of $73,700.00.
a. The subject of the email was, "Updated Proposal."
1. The email was sent to Dr. Hamlet, Mike, Necciai, and copied to Irving.
b. Maharaj identified the attachment as the updated proposal and cost for The Flying
Classroom curriculum to be implemented at Langley and Brashear.
1. Maharaj specified in the email that the revised proposal and cost sheet did
not include any pricing for specialized projects (aviation lab, car build, or
plane build).
64. Services to be provided through implementation of The Flying Classroom program at the
District per a cost sheet associated with the fourth proposal emailed on December 15, 2017,
totaled $73,700.00 as detailed below:
Description Price Quantity Total
Licenses for teachers to access the web program with access to 30 $2,495.00 10 $24,950.00
expedition lessons per teacher
STEM consumables materials kits (per kit per expedition) $135.00 40 $5,400.00
Full day (7 hours) on -site professional learning session $4,000.00 3 $12,000.00
Hamlet, 19-018
Page 30
Description Price Quantit Total
Lead explorer expedition (15 — 20 teachers and/or administrators $4,000.00 2 $8,000.00
with local entities partnering with Flying Classroom)
Lead explorer tailored PL session (in -school coaching)
Captain Irving Lecture Series
Helicopter fly -ins
Implementation planning
Total
$1,250,00 9 $11,250.00
$2,750.00 2 $5,500.00
$2,100.00 1 $2,100.00
$4.500.00 - $4,500.00
$73,700.00
a. Dr. Hamlet indicated in his interview with Commission staff that he does not recall
ever seeing the cost sheet in 2017 or 2018.
b. Dr. Hamlet indicated in his interview that he recalls seeing the proposal, which
contained different information than the cost sheet.
65. The December 2017 proposal and accompanying cost sheet detailed multiple services to
be provided through the program including curriculum implementation and Lead Explorer
Expeditions.
a. The curriculum implementation and Lead Explorer Expedition descriptions within
the proposal asserted the following:
1. Lead Explorers were to engage in a unique STEM expedition that correlated
to the content of The Flying Classroom but also aimed to increase teacher
engagement and understanding related to the STEM field.
aa. The proposal identified Lead Explorers as teachers at Langley and
Brashear to be selected by District administrators with the following
teacher positions specifically recommended by The Flying
Classroom:
i. STEM resource teachers;
ii. Any K-8 grade level teachers;
iii. Homeroom teachers;
iv. Gifted / Special education teachers;
V. Science specialist teachers;
vi. Afterschool lead teachers; and
vii 9th —12" grade / subject matter teachers.
bb. The Flying Classroom's proposal also specifically recommended
that individuals selected as Lead Explorers:
i. Be willing to implement STEM- in their classroom;
Hamlet, 19-018
Page 31
ii. Have a desire to engage in project -based learning as an
opportunity to enhance student engagement; and
iii. Be willing to provide feedback on implementation and
professional learning.
cc. The Flying Classroom's recommendations for individuals in
positions suited for service as Lead Explorers in the classroom did
not include any administrative positions, but administrators were
listed as possible participants in Lead Explorer Expeditions.
2. Each expedition was to be uniquely designed and introduce industry
partners to Lead Explorers through experiential professional learning or
participants could attend The Flying Classroom STEM Conference in
Miami with Nova Southeastern University ("NSU").
aa. The proposal stated that the Lead Explorer Expedition to the STEM
Conference in Miami "includes the option of administrators or
district staffers to attend."
bb. The cost sheet accompanying the proposal specifically documented
that The Flying Classroom. Professional Learning Team was to
organize a STEM expedition for Lead Explorers to participate in a
STEM+ experience.
i. The experience was to include The Flying Classroom
partnering with local entities to educate Lead Explorers
through experiential STEM to include Phase 1 schools and
aim to include and expose Phase 2 schools.
66. The dinner meeting held at the District Administrative Building on December 18, 2017,
included Irving presenting information on his background as well as an overview of how
The Flying Classroom began, what The Flying CIassroom is, the work The Flying
Classroom has done in other school districts, etc.
a. Irving had personally toured the Langley K-8 school building with Stephen Sikon
(Langley K-8 building Principal) earlier that same day.
67. The proposal dated December 2017 submitted to the District by The Flying Classroom was
not addressed in detail at the dinner meeting.
a. Irving's presentation was general in nature regarding the program and what could
be provided to the District.
b. District principals and assistant superintendents were present for the presentation.
c. Dr. Hamlet did not attend the meeting.
68. Neither The Flying Classroom proposal nor the entering into of a contract with The Flying
Classroom was presented, discussed, or otherwise addressed at the District's December 5,
2018, or January 8, 2018, Education Committee Meeting of the Board as a whole.
Hamlet, 19-018
Page 32
69. On or about January 12, 2018, Jocelyn Santucci ("Santucci") entered "consideration of
execution of a contract with the Flying Classroom" into BoardDoes as a BoardTab for
placement on the agenda for the January 17, 2018, District Agenda Review meeting.
a. Santucci entered The Flying Classroom Board Tab into BoardDoes on January 12,
2018, under Dr. Hamlet's account.
b. Santucci is one of Dr. Hamlet's two Executive Assistants.
C. Santucci generally is responsible for entering contract BoardTabs originating from
the Superintendent's office into BoardDocs for placement on the applicable agenda.
70. The BoardTab for The Flying Classroom contract received approvals from Dr. Hamlet and
Fearbry-Jones as detailed below:
Date
Time
Description
01/12/18
11:03am
Submitted by Anthony Dr. Hamlet; routed to Erika Fearbry-Jones for
approval
01/12/18
11:32arn
Approved by Fearbiy-,tones; routed to Dr. Hamlet for approval
01/12/18
11:34am
Approved by Dr. Hamlet; routed to Deborah Willig for approval
01/12/18
11:39am
Final approval by Deborah Willig
a. Dr. Hamlet was listed as the original submitter of the BoardTab and the final
approver to the Board Tab, although Fearbry-Jones would have drafted and
physically submitted the Board Tab.
1. Willig's approval is ministerial (non -decision making) due to her service as
the District Document Publisher for the BoardDocs System.
aa. Dr. Hamlet holds ultimate decision -making authority for any
BoardTabs originating from the Superintendent's Office as well as
walk-on agenda items among others, although BoardTabs are
typically approved by Fearbry-Jones acting for the Superintendent's
Office, not Dr. Hamlet himself.
71. On January 17, 2018, the Board held a public agenda review meeting to discuss the agenda
items to be presented at the upcoming January 24, 2018, Legislative Meeting.
a. The agenda created for the January 17, 2018, meeting documented consideration of
a contract with The Flying Classroom under BoardTab No. 6.09.
72. During the January 17, 2018, agenda review meeting, Board President Regina Holley
questioned the budget line item for the contract as well as execution of The Flying
Classroom contract for implementation of a STEM+ program at Langley K-8 and Brashear
High School when the District had existing STEAM schools which needed support.
a. Before deferring the question to Necciai, Dr. Hamlet stated, "... but we do plan to
roll that out to other schools as well. This is just the beginning."
Hamlet, 19-018
Page 33
1. Necciai subsequently identified the vision for The Flying Classroom's
implementation to provide K-12 pathways regionally throughout the
District in non -magnet schools.
aa. Necciai specified the District was implementing The Flying
Classroom at Langley K-8 and Brashear High School in spring and
identified six additional pathway schools in which the program was
planned for implementation next fall.
2. Necciai noted the purpose of doing so was to provide some non -magnet
schools an opportunity to have exposure to STEM type activities.
73. At the January 24, 2018, Legislative Meeting, the Board voted unanimously to enter into a
contract with The Flying Classroom to implement STEM+ curriculum at Langley K-8 and
Brashear High School.
a. The operating period of the contract was listed as January 25, 2018, through January
24, 2019.
b. The Boeing 727 engine which had been donated to the District was identified as the
key component of the program.
1. No hands-on learning in association with the donated Boeing 727 engine
was detailed in the December 2017 proposal or the cost sheet submitted with
the proposal.
C. The maximum cost of the contract was not to exceed $73,000.00.
1. The original price detailed on the cost sheet was $73,700.00.
d. No trip/travel for any purposes was referenced in relation to the contract
consideration.
1. District Policy Section 700, Sub -Section 714 requires that contracts
requiring employee attendance at conferences and seminars are to be
outlined when the contract is presented to the Board to ensure that prior
approval is obtained at a regularly scheduled or special public meeting.
74. Although the Board authorized execution of a contract with The Flying Classroom at the
January 24, 2018, Legislative Meeting, no contract was generated for execution at that
time.
a. District personnel were unaware that a written contract had not been drafted at the
time until after The Flying Classroom submitted an invoice to the District in June
2018 for payment.
75. Vincent Scotto ("Scotto"), District STEAM Coordinator, was ultimately given the
responsibility to oversee and monitor the implementation of The Flying Classroom
curriculum at the District.
a. Scotto began employment with the District as the STEAM Coordinator in
approximately November 2017.
Hamlet, 19-018
Page 34
b. Oversight responsibility for implementing the program had previously rested with
Necciai and/or Griffin.
I. Griffin serves as Scotto's immediate supervisor.
76. As of at least February 6, 2018, Scotto and additional District representatives began
communicating with The Flying Classroom representatives to initiate the program at
Langley K-8 and Brashear High School, including, in part, the following:
a. Professional development for the teachers (aka Lead Explorers) in order to begin
program implementation;
b. Addition of the program in up to nine District schools in the fall and a quote for
such;
C. Inclusion of a plane and/or car specialty build with the program when expanded to
the additional schools.
77. Dr. Hamlet maintained communications with Irving after the Board had authorized
execution of a contract with The Flying Classroom.
a. Records show that Dr. Hamlet and Irving spoke via cellular telephone on March 7,
2018, and April 13, 2018.
78. District administrators ultimately selected five teachers from Langley K-8 and five teachers
from Brashear High School to serve as Lead Explorers for The Flying Classroom program
as follows:
Teacher School Position
Orlando Bellisario Langley K-8 Mid -Level Math Teacher
Regan Cupps Brashear HS Secondary Science Teacher
Daniel Funk Langley K-8 Technology Education Teacher
Lori Gaido Brashear HS Secondary Chemistry & Biology Teacher
Amanda Glisan Brashear HS Secondary Physics Teacher
Katie Hedge Langley K-8 Elementary teacher
Danielle Kuban Langley K-8 Elementary Teacher
Tim Relihan Brashear HS High School Science Teacher
Leah Ward Langley K-8 General Science Teacher
Jessica Zaremski Brashear HS High School Biology Teacher
79. Although the Board approved execution of a contract with The Flying Classroom on
January 24, 2018, and the contract was to run for a year, The Flying Classroom did not
perform any specific services at the District specified within the December 2017 proposal
until May 2018.
Hamlet, 19-018
Page 3 5
a. The requisite professional development learning session was not held until May 3,
2018.
b. District teachers/Lead Explorers did not have log -in information to access The
Flying Classroom web -platform until at least May 15, 2018.
C. Teachers/Lead Explorers were not provided the ability to select the materials kits
associated with the pool of available expeditions until May 16, 2018.
d. No in -school coaching sessions occurred until May 23`d and 24th, 2018.
1. Three of the total of nine proposed in -school coaching sessions were held
at the District on May 23`d and 24", 2018,
80. The Flying Classroom requested payment in full for its program via submission of Invoice
No. 1761, dated June 7, 2018, in the amount of $73,000.00.
a. The services identified on the invoice matched the services identified on the cost
sheet provided to the District with the proposal with one exception.
1. The invoice documented the cost of Irving's helicopter fly -in and lecture
series to be approximately $700.00 less than the amount documented on the
proposal cost sheet ($73,000.00 as opposed to $73,700.00).
b. The invoice was not sent to Dr. Hamlet.
81. Multiple services documented on the invoice had not been provided by The Flying
Classroom at the time the invoice was received for payment.
a. Services not yet provided to the District at the time the invoice was received when
compared to the cost sheet included:
1. Two of three professional learning sessions;
2. Two of two Lead Explorer Expeditions to be partnered with local entities;
3. Six of nine in -school coaching sessions; and
4. Irving's helicopter fly -in and lecture series.
82. A written contract between the District and The Flying Classroom had not been executed
at the time that Invoice No. 1761 was submitted by The Flying Classroom to the District
for payment.
a. No payment was issued to The Flying Classroom by the District due to the absence
of a fully executed contract between the parties.
b. District employees were unaware that a contract had not been executed between the
District and The Flying Classroom.
83. Office of Curriculum and Instruction District Program Funding Assistant Cheryl Brame
("Brame") ultimately received The Flying Classroom Invoice 1761 for processing.
Hamlet, 19-018
Page 36
a. The Flying Classroom representatives questioned, as of at least September 28,
2018, the lack of payment of The Flying Classroom Invoice No. 1761 in the amount
of $73,000.00.
1. Dr. Hamlet was not contacted about the payment issue.
b. Brame researched the lack of payment which revealed that no actual contract had
been generated and/or executed between the District and The Flying Classroom.
84. Brame subsequently completed a Contract Request Form ("CRF") on October 10, 2018,
for submission to the Law Department for creation: of The Flying Classroom contract.
a. Brame utilized information contained within the January 24, 2018, Legislative
Meeting minutes relating to The Flying Classroom to complete the CRF.
b. Dr. Hamlet was not involved in the process of drafting the contract.
85. The CRF documented Jenkins/the Curriculum and Instruction Department as the
requestor/requesting department. Jenkins/Curriculum and Instruction Department is in
charge of implementing new academic programs.
a. The proposed execution of a contract with The Flying Classroom first originated
from the Superintendent's Office/Dr. Hamlet.
b. The CRF documented the invoice to be submitted to Scotto.
I. The invoice had been submitted to the District approximately four months
prior to the CRF generation.
c. The CRF identified the payment for services to originate from the Superintendent's
Office account number (Account No. 1000-010-2360-330).
86. Alin McIver ("McIver"), District Law Department Project Manager, drafted a written
contract for The Flying Classroom program upon receipt of the CRF from Brame.
a. McIver utilized information on the CRF as well as information fi•om the BoardTab
approved by the Board at the January 24, 2018, Legislative Meeting to draft a
contract between the District and The Flying Classroom, which was ultimately
classified under Contract No. OEI8011.
1. Irving signed the contract on behalf of The Flying Classroom on October
12, 2018.
2. Holley signed the contract on behalf of the District on October 12, 2018.
3. Michael Senko, District Deputy Controller, signed the contract on October
26, 2018.
aa. Senko's signature certified full execution of the contract and the
existence of funds to pay the contract.
4. Dr. Hamlet was not involved in the above process.
Hamlet, 19-018
Page 37
87. Contract No. OE18011 between the District and The Flying Classroom provided only a
generalized statement in relation to services to be provided to the District by The Flying
Classroom.
a. The amount of detail written into a contract is directly proportional to the amount
of information included on the CRF and/or the BoardTab authorizing the contract.
b. A general description of the services to be provided per the contract included:
I. Working to implement STEM+ curriculum at Langley K-8 and Brashear
High School;
2. Providing and enriching student learning experiences by engaging students
in project -based learning, focusing on lessons that promote hands-on,
interactive instruction while developing skills.
aa. The Boeing 727 engine identified to the Board as a key component
for the hands-on learning associated with The Flying Classroom
program was never utilized over the life of the contract.
C. The term of the contract was January 25, 2018, to January 25, 2019,
d. No reference existed within the contract concerning travel for District
administrators at the expense of The Flying Classroom.
1. Although The Flying Classroom Proposal stated that the Lead Explorer
Expedition to the STEM Conference in Miami "includes the option of
administrators or district staffers to attend," the Proposal was not part of the
Board materials, so language related to this was not in the actual contract.
Dr. Hamlet incorrectly believed that the Proposal was part of the Board
materials.
88. Brame completed and submitted a District DBA2 (Payment Requested for Authorized
Contract form) for Contract No. OE18011 along with Invoice No. 1761 to the Finance
Department on October 29, 2018, for payment.
a. The DBA2 identified payment due to The Flying Classroom in the total contract
amount of $73,000,00.
b. Jenkins signed the DBA2 authorizing the payment as the Director of the Curriculum
and Instruction Department.
1. Since full services under the contract had not yet been completed, the
appropriate procedure would have been for Jenkins, as the Chief Academic
Officer and person responsible for administration of the contract, to request a
no cost extension of the stated contract term.
C. Dr. Hamlet signed the DBA2 as the individual holding authority over the budget
account line from which the payment was to originate.
Hamlet, 19-018
Page 38
Dr. Hamlet's signature typically serves to acknowledge to the Accounts
Payable/Finance Department that all services on the attached invoice had
been received and that Dr. Hamlet was authorizing payment to be released.
2. Even though Dr. Hamlet authorized payment of The Flying Classroom
contract not all services were yet provided as per the contract.
d. Joseph signed the DBA2 verifying the contract number, contract amount, existence
of funds available to make the payment, etc.
89. On or about December 18, 2018, the District issued District General Fund Check Number
0031530 to The Flying Classroom, LLC, in the amount of $73,000.00 representing
payment in full of Contract No. OE18011.
a. Check No. 0031530 was deposited in The Flying Classroom's account at Stonegate
Bank on or about December 27, 2018,
90. Jason Raines ("Raines"), Flying Classroom STEM+ Professional Learning and Academic
Coordinator, began organizing and planning for Irving's helicopter fly -in at the District as
well as the Lead Explorer Expeditions for the District as of at least August 2018.
a. Irving's helicopter fly -in initially scheduled for October 10, 2018, was ultimately
rescheduled for October 15, 2018.
1. Irving's helicopter fly -in was to signify the official "kick-off' of The Flying
Classroom program at the District. Based on the dates on the actual contract,
this occurred only three months before the contract was set to expire.
aa. The helicopter fly -in included Irving speaking to selected students
and staff at Brashear High School, departing Brashear High School
via helicopter, landing at Pittsburgh Classical Academy/Greenway
Middle School, and traveling to Langley K-8 via automobile for
Irving's second speaking presentation.
bb. The helicopter fly -in was specifically referenced in Dr. Hamlet's
weekly Superintendent updates/reports dated October 12th & 19th,
2018.
b. Raines initially scheduled two expeditions for the District Lead Explorers with local
entities to occur on October 10, 2018, and October 26, 2018, respectively.
1. Raines scheduled expeditions at Allegheny County Sanitary Authority
("Alcosan") and Pittsburgh Water & Sewer Authority ("PWSA") as of at
least September 141h & 17", 2018, respectively.
aa. Both Alcosan and PWSA are local entities that provide
tours/workshops for interested groups/individuals at no cost.
2. The trip to Alcosan on October 26, 2018, was originally scheduled for a
half -day workshop (8 a.m. --- 1 p.m. or I I a.m. -- 4 p.m.) but was revised for
a full day workshop (8 a.m. — 2:30 p.m.) effective September 21, 2018.
I-lamlet, 19-018
Page 39
aa. Raines emailed Alcosan Programs Administrator Erica Motley on
September 19, 2018, regarding an adjustment with the visit.
3. Raines ultimately canceled the October 10, 2018, trip to PWSA via email
dated September 19, 2018, to Diana Szuch, PWSA Water Administrator.
aa. The trip to PWSA was never rescheduled.
91. A total of nine District representatives and Raines participated in Alcosan's workshop
regarding "Sludge Eating Bugs" and "Drains, Pipes, and Interceptors" on October 26,
2018.
a. Dr. Hamlet did not attend the workshop/expedition.
b. No upper level District administrators attended the workshop/expedition.
92. Scotto served as Raines's contact at the District in relation to organizing the Alcosan trip.
a. Scotto informed the attendees and their applicable building principals of the trip
destination within a few days of the trip.
1. Scotto informed the teachers of the destination for the teachers to correctly
identify the destination location on their DBA3s to account for/authorize
their absences from the District.
93. The Flying Classroom invoice submitted to the District (Invoice No. 1761) documented
the total cost of the two Lead Explorer Expeditions with local entities to be organized by
The Flying Classroom as $8,000.00.
a. Alcosan provided the professional development associated with the expedition at
no cost.
b. The cost of lunch for participants was paid for by The Flying Classroom.
94. Although first identified in Maharaj's email to Dr. Hamlet dated November 7, 2017,
additional reference to and/or planning of a STEM+ expedition to Florida for District
representatives occurred on May 18, 2018, October 15, 2018, and November 6, 2018.
a. Scotto relayed in an email dated May 18, 2018, to Necciai, Friez, and Griffin that
Irving had suggested looking for a time in late June or July to take the team on an
expedition (both teachers and administrators) of their choosing.
1. Dr. Hamlet was not on this email.
b. Irving emailed Jenkins on October 15, 2018, which included reference that The
Flying Classroom would conduct a leadership expedition around January or
February which would launch from Miami.
1. Irving included in the email that he does not share where or what STEM
explorations will be conducted.
2. Dr. Hamlet was not on this email.
Hamlet, 19-018
Page 40
C. Raines sent an email to Scotto on November 6, 2018, which referenced Raines's
desire to begin planning the District's leadership expedition.
1. No out-of-state District leadership expedition(s) had been referenced,
identified, or otherwise presented to the Board in conjunction with the
Board's approval at the January 24, 2018, Legislative Meeting to execute a
contract with The Flying Classroom.
aa. District Policy Section 700, Sub -Section 714 requires that contracts
requiring employee attendance at conferences and seminars are to
be outlined when the contract is presented to the Board to ensure
that prior approval is obtained at a regularly scheduled or special
public meeting.
bb. Dr. Hamlet was not on this email.
2. The Flying Classroom contract as executed was effective for a one-year
term commencing on January 25, 2018.
aa. Given that use of The Flying Classroom materials did not begin until
late spring of 2019, use of The Flying Classroom program in the
District continued past January 25, 2019, including into May 2019.
95. Scotto subsequently had communication with Irving on or about November 16, 2018,
during which the District Leadership Expedition was discussed.
a. Scotto emailed Griffin on November 20, 2018, informing Griffin of his
communication with Irving in relation to the District Leadership Expedition as
follows:
1. Irving wanted to schedule the expedition in February 2019;
2. Participants were to include the applicable school principals, Griffin, and
Scotto and could also include Jenkins, Anderson, and Dr. Hamlet;
3. Participants were to plan for three days;
4. Participants would be required to provide their own travel to Miami with
The Flying Classroom to "take it from there;" and
5. Inquiry was to be made if all participants had passports.
6. Dr. Hamlet was not on this email.
b. Neither the proposal, cost sheet, contract, nor invoice referencing the association
between the District and The Flying Classroom contained any allowance for a
Leadership Expedition, although the proposal did reference a Lead Explorer
Expedition to the STEM Conference in Miami, "include[ing] the option of
administrators or district staffers to attend" and the cost sheet listed administrators
as possible participants in (local) Lead Explorer Expeditions.
Hamlet, 19-018
Page 41
96. Planning for various The Flying Classroom activities and programs at District schools
continued from November 20, 2018.
a. Irving informed Jenkins, Griffin, and Scotto via email dated November 27, 2018,
that he had spoken to Dr. Hamlet during the week of November 18, 2018, and Dr.
Hamlet had given Irving the "green light" to speak with the email recipients.
b. Irving sent the November 27, 2018, email to the District representatives to brief and
brainstorm multiple subjects including:
1. Planning of a leadership expedition in February or March with a Miami
meeting point; and
2. Expanding The Flying Classroom program to additional schools.
97. Efforts to plan a District Leadership Expedition began in earnest as of January 7, 2019.
a. On January 7, 2019, Irving emailed Jenkins, Griffin, and Scotto and advised that
The Flying Classroom had begun planning to host the District team.
b. In the email, Irving specifically questioned Jenkins if the first week of February
was still an option to host the District Leadership Expedition in South Florida.
C. A follow-up email from Raines provided a link to the District's Flying Classroom
Expedition Survey to be distributed to and completed by all participants.
d. Specific planning efforts began. approximately 18 days prior to the stated end of the
existing The Flying Classroom contract.
1. The contract between the District and The Flying Classroom was set to
terminate on January 25, 2019.
2. Despite the contract end date in the written document, use of The Flying
Classroom program in the District continued past January 25, 2019,
including into May 2019.
e. Neither the proposal, cost sheet, contract, nor invoice referencing the association
between the District and The Flying Classroom contained any allowance for a
Leadership Expedition, although the proposal did reference a Lead Explorer
Expedition to the STEM Conference in Miami, "include[ing] the option of
administrators or district staffers to attend" and the cost sheet listed administrators
as possible participants in (local) Lead Explorer Expeditions.
£ Dr. Hamlet was not on this email.
98. On January 13, 2019, Jenkins emailed Irving that she had placed a tentative hold on
"everyone's" calendar from February 7t' — 9", 2019.
a. Jenkins included Kristen Frankovich ("Frankovich") on the email to assist with
scheduling time on the District calendar that week for discussion of the expedition.
1. Frankovich was employed as the Chief Executive Secretary for Anderson
and Jenkins at that time.
Hamlet, 19-018
Page 42
b. Dr. Hamlet was not on this email.
99. Between January 22, 2019, and January 23, 2019, multiple emails were transmitted
between Irving, Frankovich, and Jenkins in relation to the expedition.
a. Irving emailed Jenkins and Frankovich a synopsis outline which identified that
District participants would learn how to transfer career skills, life skills, and
academic content back to the classroom that they observed and learned through the
experience; that activities experienced during the expedition are applicable to
student instruction; and that upon return, District participants would be able to
better lead, instruct, and grow the STEM+ students of the future as a result of the
experience.
I. None of the proposed District participants were previously identified as
Lead Explorers for the District nor did any of the participants regularly
teach classes at the District.
2. The outline provided no specific information on the expedition activities or
its location.
b. Frankovich questioned Griffin, Scotto, Jenkins, Mike, and Anderson in a group
email if each individual had his/her passport.
c. Frankovich subsequently emailed Irving (copied to Jenkins) that four of the five
participants did not have a passport and that Irving would need to alter his surprise.
1. Irving had previously informed Frankovich that Cuba was the expedition
destination.
d. Irving responded to Frankovich, copied to Jenkins, that The Flying Classroom
representatives would plan accordingly, "... although I really wanted to take you all
out of the country for a portion of the expedition."
e. Jenkins subsequently directed Frankovich to inquire with Irving if the trip could be
postponed to March 2019 in order for all participants to obtain a passport.
f. Dr. Hamlet was not on any of these emails.
100. The expedition was ultimately rescheduled in March 2019 for the dates of April 14th — April
171h, 2019.
a. Irving informed Jenkins via email dated February 26, 2019, that he had spoken to
Dr. Hamlet the prior weekend and that Dr. Hamlet had confirmed April 14 -- 17 as
a good window for the expedition.
b. Raines questioned Scotto via email dated March 22, 2019, if a date had been
obtained for the District Lead Explorer Expedition.
I . Scotto questioned Griffin via email that same day if the District could give
confirmation in response to Raines's inquiry.
2. Griffin responded to Scotto via email that same day that Jenkins was aware
and was to check with Dr. Hamlet to verify for April 14th — 17th, 2019.
Hamlet, 19-018
Page 43
101. Frankovich relayed general information to Keren DeCarlo ("DeCarlo"), Executive
Secretary to the Superintendent, via email on March 26, 2019, regarding Irving's plans for
the expedition.
a. The email noted Irving's request that all participants arrive on Sunday, April 14,
2019, in Ft. Lauderdale, Florida.
b. The email noted Irving's plans to leave the country for forty-eight hours and return
to Ft. Lauderdale.
102. DeCarlo subsequently forwarded Frankovich's email to Dr. Hamlet that same day under
the subject of "FIying Classroom trip."
a. The text of the portion of the email that DeCarlo typed stated: "Dr. Hamlet: Kristen
Frankovich sent me the below email. Captain Barrington is hoping you can join
them on the trip over Spring Break. Per Kristen the trip is covered except for the
travel to/from Ft. Lauderdale, Thanks! Keren."
C. DeCarlo provided Frankovich with a copy of Dr. Hamlet's passport via email that
same day.
d. DeCarlo later forwarded the March 26, 2019, email to Fearbry-Jones on April 2,
2019, with the note, "Info received so far."
I. DeCarlo forwarded the email in response to Fearbry-Jones's
questions/attempts to obtain information on the trip.
103. On March 29, 2019, Frankovich distributed an Outlook "Invited Event" calendar email to
Jenkins, Griffin, Anderson, Scotto, the Superintendent's Office, and Kendra Wester
("Wester") under the subject of "Leadership Expedition with plying Classrooms" with
flight information and an itinerary attached. Dr. Hamlet was not on the Outlook invite.
a. The invite documented the start and end date of the trip as April 14, 2019, and April
18, 2019, respectively.
1. The calendar invite directed attendees to read the itinerary closely in order
to properly prepare.
b. Wester was employed with the District as the Executive Director of Literature and
Humanities at that time.
1. Wester ultimately replaced Mike on the trip effective as of at least April S,
2019.
104. The itinerary attached to the calendar invite identified the following:
a. Lead explorer participants as Dr. Hamlet, Anderson, Jenkins, Griffin, Scotto, and
Wester;
1. None of the participants included any of the ten District teachers chosen to
serve as Lead Explorers for the District.
Hamlet, 19-018
Page 44
b.
C.
91
aa. None of the ten District teachers selected to serve as Lead Explorers
for the District were invited to participate in the trip.
Direction for participants to convert United States currency to Euros or Canadian
currency before traveling to Miami, Florida;
I. Participants were recommended to bring approximately $250.00 to cover
meals and ground transportation.
Direction that participants were required to have a valid passport and driver's
license; and
Specific itinerary information including:
I . Itinerary: Day 1, Flight Arrival Information
Airport Miami International Airport
Arrival time 4:13p: Delta Airlines DL 1224: Anderson,
Griffin, Scotto
5:13p: Delta Airlines DL 1227: Jenkins
Pick-up from airport 5:30p: Dr. Hamlet to meet group at 5:30p at
Miami International Airport; Flying Classroom
representative to transport all travelers to hotel.
Hates Hilton Miami / Downtown 1601 Biscayne Blvd,
Miami, FL
Hotel check -in Flying Classroom representative to check all
travelers into their respective rooms. Travelers
must provide credit/debit card for hotel
incidentals.
2. Itinerary: Da.. 2�pedition No. 1, April 15, 2019
Breakfast 6:30a — 7:30a in Hotel Concierge Lounge
(complimentary)
Hotel pick-up 7:40a: Travelers picked up at hotel and
transported to Opa-locka Executive Airport
(Atlantic Aviation Building 15000 NW 441h
Ave, Opa-locka, FL).
7:45a: Wester to arrive at Opa-locka Executive
Airport to meet the group.
Departure 8:30a: Depart Opa-locka Executive Airport
(Atlantic Aviation FBO) via Irving's private
aircraft.
Hamlet, 19-0I8
Page 45
Arrival 9:40a: Arrive at "surprise destination" for
STEM+ Expedition.
Lunch 12:OOp: all travelers to have lunch with Irving
and the Flying Classroom:: team who also is also
to brief travelers on what to expect over next
few days.
Expedition No. 1 3p --- 6p To Be Announced.
Expedition No 1 Tropical attire of choice with comfortable
attire shoes.
Dinner 6:30p -- 7:30p Travelers to end day at (location
to be announced)
Free time 8p - on
3. Itinerary: Day. 3, Expedition No. 2, April 16, 2019
Breakfast 6:30a -- 7:30a in in hotel (complimentary)
Hotel pick-up 8:OOa from hotel
/Departure
Time 8:00a — 7:30p
Location To Be Announced
Expedition Attire Light weight fabric attire throughout the day.
Long sleeve optional for sun protection.
Sunscreen, sunglasses, hat or sun protective
gear. Bring modest swimwear, preferably rash
guard top and swim shorts. Comfortable
walking shoes as well as water shoes (optional).
Water shoes are required for sharp rocks.
4. Itinerary: Day 4, Travel Day, April 17, 2019
Breakfast 6:30a — 7:30a in in hotel (complimentary)
Hotel pick-up 10:0Oa from hotel
Departure 11:00a depart to Miami (pending weather)
Arrival in Miami 12:00p arrive at Opa-locka Executive Airport
Miami to Pittsburgh Depart Miami International Airport
Drop off Vincent Scotto
Hamlet, 19-01 S
Page 46
d. According to interviews conducted by Commission staff, Dr. Hamlet had not
determined if he would participate in the trip as of March 29, 2019, and attendance
was not confirmed until April 2, 2019.
105. As of April 3, 2019, Frankovich had not collected copies of passports from three
participants including Jenkins.
a. Jenkins had not yet obtained a passport at that time.
106. On April 3, 2019, Jenkins emailed Irving and Frankovich the following under the subject
of "Flying Classrooms Update" regarding her passport:
a. Jenkins needed to obtain an emergency passport.
b. Jenkins was traveling to Auburn, Alabama, the following week and intended to
make her appointment in Atlanta on April 11, 2019.
C. Jenkins noted if Irving needed her passport either during the current week or early
the following week, she would attempt to schedule an appointment in Buffalo, New
York or Detroit, Michigan.
1. Irving informed Jenkins and Frankovich via email on April 5, 2019, that he
had received an exemption from. the Cuban government for one person and
for Jenkins to provide a photo of her passport to Irving on Thursday, April
11, 2019.
d. Dr. Hamlet was not on the email.
107. DeCarlo completed Dr. Hamlet's District DBA3 Travel Request on April 4, 2019, for Dr.
Hamlet's travel in association with the trip.
a. DeCarlo completed Dr. Hamlet's DBA3 Travel Request based on information
received from Frankovich.
l . Dr. Hamlet's DBA3 Travel Request documented, in part, the following:
aa. Start and end dates of April 12, 2019, and April 18, 2019,
respectively;
Information received from Frankovich documented a start
date of April 14, 2019, for the trip.
ii. Dr. Hamlet directed DeCarlo to alter his travel start date
from Sunday, April 14, 2019, to Friday, April 12, 2019.
bb. Destinations of "Florida, Ft. Lauderdale, Miami;"
Dr. Hamlet's DBA3 was void of any reference to Cuba as a
trip destination.
ii. Dr. Hamlet asserts that he did not know that Cuba was the
planned destination as of the date the DBA3 was completed.
Hamlet, 19-018
Page 47
cc. The purpose of travel as "Flying Classroom Leadership
Expedition;"
dd. Justification for the trip as:
"Lead explorers will engage in a unique STEM expedition that
correlates to the content of the Flying Classroom but also aims to
increase teacher engagement and understanding related to the
STEM field. Each expedition is uniquely designed and introduces
industry partners to lead explorers through experiential
professional learning. [sic] expedition."
CC. Dr. Hamlet's attendance on the trip was as a District representative;
ff. Dr. Hamlet's flight was the only trip expense for the District;
gg. Dr. Hamlet's signature verifying the information on the DBA3;
hh. Signature of then -Board President Linda Wrenn dated April 10,
2019, approving Dr. Hamlet's travel.
i. Wrenn approved Dr. Hamlet's DBA3 without prior
knowledge of any out of country travel included with the
trip.
108. Irving distributed an additional update via email on April 5, 2019, to Frankovich and
DeCarlo, copied to Jenkins, recapping trip planning and outstanding needs detailing the
following:
a. The need for Anderson and Wester to supply a copy of their respective passports to
Irving no later than April 8, 2019.
b. The need for the District to supply Irving a flight itinerary because The Flying
Classroom was arranging transportation.
C. Irving/The Flying Classroom had taken care of the hotel and other
accommodations.
d. The participants were to receive an itinerary and instructions the following week
regarding cash exchange as the country they were traveling to did not accept credit
cards.
109. DeCarlo forwarded Irving's April 5, 2019, email to Dr. Hamlet that same day.
a. The email typed by DeCarlo stated: "Good afternoon Dr. Hamlet. I will send flight
options for you for the flying classroom upcoming expedition. Will you be
returning to Pittsburgh on the 17'h or would you like your return flight at a later
date? Can you please use the link below for the survey Captain Irving needs
completed? Thank you? Keren."
1. The Commission's investigation did not discover any evidence that Dr.
Hamlet completed the survey.
Hamlet, 19-018
Page 48
110, On April 8, 2019, DeCarlo contacted Peoples Travel and booked an April 12, 2019, flight,
chosen by Dr. Hamlet, from Pittsburgh, Pennsylvania, to Miami, Florida, via American
Airlines at a cost of $539.30.
a. Dr. Hamlet's flight was scheduled as follows:
Airline
Flight No.
Ticket No.
Date
Depart
Arrive
American
Airlines
4612
AA 7347585525
Fri — 04/12/20I9
Pittsburgh, PA — 6:52a
Miami, FL — 9:45a
1. DeCarlo did not book Dr. Hamlet a return flight.
2. Dr. Hamlet booked his return flight to Pittsburgh through Philadelphia on
April 22, 2019, with American Airlines.
aa. Dr. Hamlet issued payment for his return flight via his personal
American Express Card.
b. Dr. Hamlet's flight expenses as well as additional District airline expenses were
paid via District General Fund check number 0920695, dated May 3, 2019, payable
to Peoples Travel in the total amount of $4,903.50.
c. Airline arrangements for the remainder of the expedition participants were
scheduled by Frankovich.
111. On April 10, 2019, Jenkins requested that DeCarlo generate a letter identifying Jenkins's
need to obtain an expedited U.S. Passport for educational purposes.
a. DeCarlo generated a draft letter based on a sample located on an internet website
and forwarded it to Jenkins via email.
b. The letter was generated for Dr. Hamlet's signature. The letter contains numerous
typographical errors, including misspelling Dr. Hamlet's name.
112. Jenkins initially emailed the letter to Dr. Hamlet, but later that same day personally
presented the letter to Dr. Hamlet for signature as detailed below:
"April 10, 2019
To whom it may concern:
We at Pittsburgh Public Schools are currently in the process of making travel arrangements
for Minika Jenkins to travel to Cuba in order to participate in A [sic] STEM+ experience
for the STEM LEAD EXPLORER EXPEDITION for administrators. The dates of the trip
are April 141h through April 17`h. We deeply appreciate any and all help that you're able
to provide in getting Minika Jenkins' [sic] a passport processed and expedited as quickly
as possible.
If you have any additional questions, please feel free to reach me at 412-529-3600 so we
can discuss further.
Sincerely,
Hamlet, 19-018
Page 49
Anthon [sic] d. [sic] Hamlet, Ed.D.
Superintendent of Schools"
a. Prior to entering Dr. Hamlet's office, Jenkins stated to Dr. Hamlet's executive
assistants that the cost of the passport was going to be expensive but would be worth
it.
b. Dr. Hamlet signed the letter in Jenkins's presence in his office as he was signing
several other documents. Hamlet advised Commission staff that he did not review
the letter in detail before signing it and, in substance, quickly signed the letter at
Jenkins' request.
C. The letter Jenkins presented to Dr. Hamlet for signature specifically identified Cuba
as a destination for the trip.
d. The signed letter still had typographical errors, including misspelling Dr. Hamlet's
name.
113. On April 11, 2019, Irving sent an email directly to Jenkins containing attachments which
included a general draft itinerary as well as an additional, more detailed, itinerary for the
trip. Dr. Hamlet was not copied on the email.
a. The detailed itinerary identified the following:
1. The trip destination and dates as Havana, Cuba; April 15'h -- 17`', 2019;
2. Irving's planned exploration of Havana as the city capital;
3. Irving's activities to include exploring the culture, history, architecture,
people, and economics of the country; and
4. The preliminary exploration to serve as a basis to conclude the best way of
highlighting STEM+ in Cuba for a future visit and documentary to provide
content to the students of The Flying Classroom.
b. The general itinerary had no significant changes from the itinerary attached to the
March 29, 2019, calendar invite.
Jenkins advised Commission staff that she did not tell Dr. Hamlet about the detailed
itinerary or that the group was to be going to Cuba.
d. Dr. Hamlet asserts that he asked Jenkins if The Flying Classroom trip was part of
the contract with the District and she advised him that it was.
114. Specific activities in which the District representatives were scheduled to participate over
the duration of the stay in Cuba were identified within the detailed itinerary as follows:
a. April 15, 2019 Opa-locka, FL / Havana, Cuba:
8:30a: Depart Opa-locka Executive Airport (Atlantic Aviation FBO) via
private aircraft.
Hamlet, 19-018
Page 50
9:40a: Arrive at Jose Marti International Airport, Cuba. Shuttle service
will transport all lead explorers to the Four points Sheraton Havana
Hotel.
12:00p: All lead explorers will enjoy a Cuban Cuisine lunch. Captain Irving
and the Flying Classroom team will conduct a briefing of what to
expect over the next few days.
3:00p: All lead explorers will embark on a 3-hour educational experience,
driving through Cuba's history. You will see original, exotic,
interesting, and historical places that the City has to offer all while
riding in a 1950's vintage car. Along the way, you will visit more
than 60% of the City and the tour guide will explain the history
behind the places you visit. You will visit over four locations around
the City where you will have the opportunity to get out [sic]the car
and walk around while the tour guide discusses historical
significance.
Places we will visit:
1. Revolution Square: you will learn about the politics of Cuba
2. Forest of Havana
3. National Hotel: you will learn how this architectural beauty
played a significant role in the Cuban Missile Crisis
4. Jesus Christ Statue: across the bay gives you an amazing
panoramic view of the City
6:30p-7:30p: All lead explorers will end the day with dinner at the best Cuban
Paladar (a small Cuban family -run restaurant) in all of Havana.
b. April 16, 2019 Vinales, Exploration of Marine Life, Coral Reef, Rocks and Soil.
8:00a-7:30p All lead explorers will head for an adventurous educational journey
to Vinales from Havana. The first stop will be Playa Coral, where
we will have the opportunity to feed more than 100 colorful species
of fishes and get to know the corals in depth of turquoise water while
snorkeling. The next stop will be Saturn cave where lead explorers
will be able to explore the marine life, rocks and soil. Everyone will
then transition to lunch at the restaurant on the surface. After lunch
we will head to Bacunayagua to continue our exploration of the
royal palm and the tallest bridge in Cuba.
C. April 17, 2019 Havana / Vinales
11:00a Depart Jose Marti International Airport via private aircraft
12:10p Arrive at KOPF Opa-locka Executive Airport
Hamlet, 19-018
Page 51
115. Irving made hotel arrangements on or about April 10, 2019, for Dr. Hamlet and the
remaining District representatives (except Wester) at the Miami Hilton Downtown for the
night of April 14, 2019.
a. Irving reserved a total of five rooms with his as the primary name on the reservation
and the name of one of the District representatives as the secondary name on each
individual room.
1. Dr. hamlet was assigned Room Number 1704 under Folio Number
1217168A.
2. Dr. Hamlet's folio documented a check in date of April 14, 2019, and a
check out date of April 15, 2019.
3. The value of/the charges assigned to Dr. Hamlet's room totaled $195.48.
b. Irving paid Dr. Hamlet's and the remaining District representatives' room fees via
credit card,
116. Dr. Hamlet met Anderson, Griffin, and Scotto, as well as The Flying Classroom
representative Rajeev Brown, at Miami International Airport on April 14, 2019, at or about
5:30 p.m.
a. Dr. Hamlet had initially arrived in Miami, Florida, the morning of Friday, April 12,
2019.
1. April 12, 2019, was a regularly scheduled District workday for Dr. Hamlet.
2. Dr. Hamlet traveled to Miami, Florida, on April 12, 2019, to attend a
University of Miami Football Team Reunion that weekend.
aa. Dr. Hamlet was not in attendance at the event as a representative of
the District.
bb. Dr. Hamlet graduated from the University of Miami in 1992.
3. Records indicate that Dr. Hamlet is not recorded as utilizing leave of any
type (vacation, personal, or sick) to account for his absence from the District
on April 12, 2019.
b. Anderson, Griffin, and Scotto all arrived at Miami International Airport on the
afternoon/early evening of April 14, 2019.
1. Jenkins did not arrive at Miami International Airport until the evening of
April 14, 2019.
2. Wester was scheduled to meet the group at Opa-locka Executive Airport on
the morning of April 15, 2019.
aa. Wester had traveled to Florida for personal reasons on the weekend
of April 13' & 14th, 2019, and was unable to meet the group on April
14, 2019.
Hamlet, 19-018
Page 52
C. Brown was present to provide transportation for Dr. Hamlet, Anderson, Griffin, and
Scotto from the airport to the Hilton Miami Downtown.
117. Brown transported Dr. Hamlet and the remaining District representatives to the Hilton
Miami Downtown from Miami International Airport via passenger van.
a. On the drive to the hotel Anderson, Griffin, and Scotto recall receiving a draw string
tote bag with various amenities (tissues, water, etc.) as well as a Cuban flag.
1. Prior to receiving the bag, Scotto indicated that he did not know they were
going to Cuba.
2. Scotto told investigators that Brown informed Dr. Hamlet, Anderson,
Griffin, and Scotto that they were going to Cuba.
b. Dr. Hamlet recalls receiving this bag, including the flag, in the car but on the
following morning (April 15) not that evening (April 14).
1. Dr. Hamlet advised Commission staff that he did not know they were going
to Cuba until he received the bag and the flag.
2. Hamlet did not change currency prior to arriving in Cuba.
C. Despite being copied on emails that mentioned Cuba, Fearby-Jones claims she did
not recall having knowledge that the group was going to be traveling to Cuba.
d. Jenkins advised Commission staff that she did not tell other members of the group
that they were going to be traveling to Cuba because Irving had asked her to keep
the destination confidential.
118. Between March 20, 2019, and April 14, 2019, prior to the junket, Dr. Hamlet had
telephonic contact with Irving as follows:
a. Dr. Hamlet and Irving spoke on March 20, 2019, for a total of six minutes and fifty-
five seconds.
1. Two days later Raines initiated email contact with Scotto questioning if a
date had been obtained for the expedition.
b. Dr. Hamlet and Irving spoke on April 5, 2019, for a total of six minutes and fifty-
four seconds.
I. Dr. Hamlet and Irving spoke approximately six and one-half hours after
DeCarlo forwarded Irving's April 5, 2019, email which referenced that the
country they would be traveling to did not accept credit cards.
C. Dr. Hamlet and Irving spoke on April 11, 2019, for a total of three minutes and
forty-seven seconds.
1. Dr, Hamlet and Irving spoke approximately seven and one-half hours after
Irving emailed Jenkins the general and detailed itineraries.
d. Dr. Hamlet and Irving spoke on April 13, 2019, for a total of eleven minutes and
forty-two seconds.
Hamlet, 19-018
Page 53
e. The Investigative Division cannot identify the content of the communications
during the above time -period.
119. Brown subsequently transported Dr. Hamlet and the remaining District representatives
(except Wester) from the Hilton Miami Downtown to Opa-locka Executive Airport the
morning of April 15, 2019.
a. Dr. Hamlet and the remainder of the group met Wester at Opa-locka Executive
Airport that morning.
b. This is when Dr. Hamlet recalls receiving the bag and the flag.
120. Irving flew Dr. Hamlet and the remaining District representatives to Havana, Cuba, from
Opa-locka Executive Airport in a Mitsubishi MU-213-60 high wing, twin -engine turboprop
airplane (Registration Number N-543TM).
a. The group was initially delayed from leaving Opa-locka Executive Airport due to
weather conditions.
1. The group waited in a lounge area located in the airport until the weather
conditions permitted departure.
aa. The group did not tour the airport or conduct any activities which
were STEM/STEAM related while waiting at the airport.
121. On April 15, 2019, Fearbry-Jones received a telephone call from Wrenn inquiring about
Dr. Hamlet's and the remaining District representatives' trip to Miami, Florida.
a. Wrenn had received a telephone call from a KDKA investigative reporter
questioning the purpose of the trip.
122. Fearbry-Jones contacted District Public Information Officer Ebony Pugh ("Pugh") and
requested Pugh to assemble information on The Flying Classroom for Wrenn to respond to
KDKA.
a. Fearby-Jones had previously been on communications indicating that Dr. Hamlet
and the remaining District representatives' trip sponsored by The Flying Classroom
included out -of -country travel.
1. On April 2, 2019, Fearbry-Jones had received an email from DeCarlo which
identified Irving's plans to leave the country for forty-eight hours.
2. Fearbry-Jones should have known the ultimate destination was Cuba from
the emails with DeCarlo.
3. Despite this email, Fearby-Jones advised Commission staff that she did not
know that Cuba was the group's destination.
123. Fearbry-Janes forwarded materials which Pugh had assembled on The Flying Classroom,
as well as a video link, to Wrenn via email at approximately 12:48 p.m.
Hamlet, 19-018
Page 54
a. Materials forwarded included information from The Flying Classroom website,
information from The Flying Classroom BoardTab, and information on Irving's
helicopter fly -in at the District.
b. Fearbry-Jones did not disclose within the email to Wrenn, or within the information
forwarded to Wrenn, the fact that Dr. Hamlet and the remaining District
representatives were leaving the country and/or traveling to Cuba.
C. Fearbry-Jones copied her response to Wrenn to Dr. Hamlet and Pugh.
I. Dr. Hamlet forwarded Fearby-Jones's email to Anderson and Jenkins at
1:36 p.m., although both Anderson and Jenkins were traveling with Dr.
Hamlet at that time.
124. Dr. Hamlet, Anderson, and Jenkins discussed Fearbry-Jones's email during the check -in
process at the Four Points by Sheraton, Havana, Cuba.
a. Discussion occurred among Dr. Hamlet, Anderson, and Jenkins regarding the
questions being asked about the trip.
125. Irving made hotel arrangements on or about April 10, 2019, for Dr. Hamlet and the
remaining District representatives at the Four Points by Sheraton, Havana, Cuba, for the
nights of April 15"' & 161", 2019.
a. Irving reserved a minimum of seven rooms at the Four Points by Sheraton.
1. Dr. Hamlet was assigned Room Number 4032 under Receipt Number
RECO080211.
2. Dr. Hamlet's hotel receipt documented a check in date of April 15, 2019,
and a check out date of April 17, 2019.
3. The value of/the charges assigned to Dr. Hamlet's room totaled $322.00
(two nights at the standard rate of $161.00 per night).
b. Irving paid Dr. Hamlet's and the remaining District representatives' room fees via
redemption of Marriott Bonvoy Reward points.
1. Irving's account number with Marriott Bonvoy is [account number
redacted].
126. Dr. Hamlet subsequently exchanged text messages with Fearbry-Jones on April 15, 2019,
spanning the time frame of 2:39 p.m. — 2:41 p.m., that KDKA was inquiring into the trip
associated with The Flying Classroom. It is unclear from these text messages what time
zone is being indicated and records indicate that the text string was initiated at 10:40 a.m.
EST.
a. Fearbry-Jones texted Dr. Hamlet and informed him, in part, that Wrenn had called
her, that KDKA was "on the Flying Classrooms trip," and that Wrenn needed some
talking points.
Hamlet, 19-018
Page 55
b. Dr. Hamlet responded via text message after arriving in Cuba that The Flying
Classroom was paying for all expenses with the exception of airfare to and from
Miami which was being paid by the District.
1. Dr. Hamlet sent Fearbry-Jones follow-up text messages noting the
following:
"Be very clear about who is paying for this"
"This is part of the package, flying classroom is paying"
"But I wanted to emphasize the FC was paying for the trip."
C. Dr. Hamlet did not instruct Fearbry-Jones to inform Wrenn that he and the
remaining District representatives were in Cuba/out of the county at that time in
association with The Flying Classroom trip.
d. Dr. Hamlet recalls having this text exchange while waiting on the runway in
Florida.
127. Dr. Hamlet and the remaining District representatives participated in activities in Cuba
which included the following:
a. Touring the City of Havana;
b. Traveling to a national forest;
C. Swimming in a freshwater cave;
d. Snorkeling and feeding fish; and
C. Touring important locations in Cuban history.
128. Neither Dr. Hamlet nor any of the remaining District representatives personally paid for
the activities in which they participated.
a. All activity expenses were paid by Irving/The Flying Classroom.
b. The value of the activities which Dr. Hamlet and the remaining District
representatives participated in could not be determined due to Irving/The Flying
Classroom not providing requested records.
129. After returning from Cuba on April 17, 2019, Irving presented a PowerPoint presentation
to Dr. Hamlet and the remaining District representatives in The Flying Classroom offices
located at Opa-locka Executive Airport, Opa-locka, Florida, regarding future planning for
the District.
a. Irving presented information to Dr. Hamlet and the remaining District
administrators on what The Flying Classroom could offer the District, as well as
next steps to be taken regarding expansion of The Flying Classroom program at the
District.
l . The planned direction was for The Flying Classroom program to be used as
an aviation CTE pathway.
Hamlet, 19-018
Page 56
aa. Irving proposed that the District receive donated parts from The
Flying Classroom to build a plane which would then be given to
Irving's non-profit organization (Experience Aviation).
b. Dr. Hamlet participated in the discussion which occurred at the presentation
regarding the future use of The Flying Classroom at the District.
C. April 15th — April 171h, 2019, were regularly scheduled District workdays for Dr.
Hamlet.
1. Dr. Hamlet did not utilize leave of any type (vacation, personal, or sick) to
account for his absence from the District spanning the dates of April 15th —
17th, 2019.
2. The absences were recorded as AAS [Approved Absence Salaried] because
Dr. Hamlet had been informed by Jenkins that the trip was pail of The
Flying Classroom contract.
130. Dr. Hamlet remained absent from the District for the remainder of April 17, 2019, through
April 22, 2019.
a. Dr. Hamlet remained in Florida from April 17, 2019, until April 20, 2019, at which
time Dr. Hamlet flew from Palm Beach, Florida, to New Orleans, Louisiana.
1. April I P, 2019, was a regularly scheduled District workday for Dr. Hamlet.
aa. April 19th — 21", 2019 were regularly scheduled District days off
for Dr. Hamlet.
2. Records do not indicate that Dr. Hamlet utilized leave of any type (vacation,
personal, or sick) to account for his absence from the District on April 18th,
2019.
b. Dr. Hamlet remained in Louisiana from April 20, 2019, until April 22, 2019, when
Dr. Hamlet was scheduled to fly from New Orleans, Louisiana, to Pittsburgh,
Pennsylvania, through Philadelphia, Pennsylvania.
1. April 22" a, 2019, was a regularly scheduled District workday for Dr.
Hamlet.
2. Records do not indicate that Dr. Hamlet utilized leave of any type (vacation,
personal, or sick) to account for his absence from the District on April 22"d,
2019.
131. Dr. Hamlet and Irving continued to maintain communication with one another during the
time period of April 17, 2019, through May 7, 2019, via telephone.
a. Dr. Hamlet and Irving attempted to contact one another via cellular telephone at
least six times over the twenty -day span.
1. Dr. Hamlet and Irving spoke for at least five minutes and twenty-six seconds
on the evening of April 17, 2019, the day they returned from Cuba.
Hamlet, 19-018
Page 57
132. Dr. Hamlet's weekly Superintendent's update/report for April 12, 2019, and April 26,
2019, made no reference to Dr. Hamlet's scheduled trip to Florida or subsequently to Cuba
with Irving/The Flying Classroom.
133. The reporter subsequently initiated telephone contact with Pugh on May 9, 2019, for the
purposes of scheduling an interview with Dr. Hamlet to discuss overall District travel as
well as Dr. Hamlet's travel to Cuba.
a. Pugh was unaware when initially contacted by KDKA that Dr. Hamlet and
additional District representatives had traveled to Cuba with Irving/The Flying
Classroom.
134. Pugh subsequently conferred with Dr. Hamlet and Fearbry-Jones regarding a response to
KDKA's inquiry on Dr. Hamlet's and the additional District representatives' travel to
Cuba.
a. Pugh later sent the following email to the reporter on May 9, 2019, at 3:58 p.m.,
with Dr. Hamlet's approval:
"In October 2018, Superintendent Anthony Dr. Hamlet joined Captain Barrington
Irving for a ride in his `Flying Classroom.' to officially launch Flying Classrooms
in Pittsburgh Public Schools. As part of the partnership, Flying Classrooms holds
Leadership Expeditions to ensure the executive team fully understands the learning
happening in the classroom. One of these Leadership Expeditions for PPS was
scheduled during spring break in Miami. The team included the Superintendent
along with members of the academic team. Similar to our process Classrooms
Without Boarder [sic] where the District leadership traveled to Poland last year,
with a trip for teachers and students planned next month, future Flying Classrooms
expeditions will be planned to include teachers and students."
b. At the time Dr. Hamlet and others engaged in The Flying Classroom trip, the
contract between The Flying Classroom and the District, by its terms, had expired
as of January 25, 2019, although the contract was to run for a term of a year,
implementation did not start until the spring of 2018, and The Flying Classroom
was still being utilized in the District through the close of the 2018-2019 school
year.
135. On May 9, 2019, contemporaneous to conferring with Pugh and Dr. Hamlet, Fearbry-Jones
received a text message from Wrenn questioning Dr. HamIet's and the remaining District
representatives' trip as follows:
"I need to know that Dr. Dr. Hamlet and the three other staff were not in Cuba over spring
break. [KDKA reporter] has been asking me. I can't look like I don't know what's going
on."
a. Wrenn had received a telephone call from the reporter earlier that same day
questioning Dr. Hamlet and other District representatives traveling to Cuba while
in Miami, Florida, over spring break.
b. Fearbry-Jones informed Wrenn via text message that Dr. Hamlet was going to call
her and that Pugh was going to send her the District response to the reporter.
Hamlet, 19-018
Page 58
136. Dr. Hamlet informed Pugh of the need to generate a Board Advisory in relation to The
Flying Classroom trip/travel to Cuba.
a. Pugh spoke to Dr. Hamlet and Jenkins to obtain information to include within the
Board Advisory.
1. Jenkins showed Pugh a copy of one of the itineraries she had received for
the trip.
aa. Jenkins did not show Pugh the detailed agenda which identified
Cuba as the travel destination.
bb. The itinerary Jenkins shared with Pugh referenced the need for
passports.
b. Pugh also participated in a May 10, 2019, conference call interview with Jenkins,
Irving, and a Pittsburgh Post -Gazette reporter.
During the interview, Irving claimed that none of the District
representatives were aware that Cuba was the destination prior to meeting
in Miami, Florida.
aa. At no point during the interview did Jenkins correct Irving or
otherwise reveal that she and/or certain other District representatives
were aware that Cuba was the scheduled destination prior to
traveling to Florida.
137. Pugh ultimately generated and distributed a Board Advisory dated May 10, 2019, under
Dr. Hamlet's approval with the subject "Flying Classroom Leadership Expedition" as
detailed, in part, in the paragraphs below:
"Science, Technology, Engineering and Math (STEM) are woven into the PPS curriculum
from PreK-12. As part of our work to prepare students for the j obs of the future, the Board
approved a contract with Flying Classrooms to implement STEM+ Curriculum at
Pittsburgh Brashear High School and Pittsburgh Langley K-8 in January. The partnership
was launched this past October with a fly -in event with the Superintendent and Captain
Irving. The curriculum, fly -in event, and Lead Explorer expeditions were part of the
proposal presented and approved by the Board."
"As part of the partnership agreement, the Flying Classrooms holds Lead Explorer
Expeditions with administrators at the executive and cabinet levels along with teachers,
and district staff that correlates to the content of the Flying Classrooms' curriculum.
Pittsburgh Public Schools has participated in two Lead Explorer Expeditions. Teachers
went on the first local expedition to Alcosan, the water treatment plant in Pittsburgh."
"A second Lead Explorer Expedition with the Superintendent and members of the
academic team took place over spring break. The travel to and from Miami was at the
District's expense. All details and logistics were handled by Flying Classrooms. A
detailed itinerary with location information was not provided. However, there was a loose
reference to passports. As part of one of the activities associated with the expedition,
Hamlet, 19-018
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Captain Irving flew the team in his plane from Miami to Cuba. The team completed
experiential professional learning in Miami."
"To ensure participation in future Flying Classrooms' expeditions does not potentially
leave staff out of compliance with the board's international travel policy, we will require
full details of all expeditions moving forward. A full report of the expedition will be
provided to the Board, per its travel policy."
a. Dr. Hamlet did not complete or submit a District 2.7 Travel Report form nor
provide any other report/presentation to the Board detailing his travel to Miami,
Florida, and Cuba.
1. Several witnesses, including the District's Chief Financial Officer and a
Board Member, advised Commission staff that Dr. Hamlet was generally
not required to submit a Form 2.7 related to his travels.
b. There were no activities in Miami related to experiential learning, with the possible
exception of visiting with air traffic control and flight engineers.
138. The District currently has no business relationship with The Flying Classroom/Irving or
plans to revisit implementation of The Flying Classroom at the District.
139. The District paid the following for Dr. Hamlet's trip related to The Flying Classroom:
Description Value
District paid airfare from Pittsburgh, PA to Miami, FL $539.30
a. The value of the hospitality/recreation provided in Cuba could not be determined
due to hying/The Flying Classroom claiming records are not retained.
140. ERDI Partners, Inc., is a for -profit corporation incorporated in the state of Florida.
a. ERDI Partners, Inc., was assigned Document Number P 17000026259 by the
Florida Division of Corporations on March 21, 2017, with an effective date of
March 17, 2017.
b. ERDI Partners, Inc., has a principal and mailing address of 12029 Cranefoot Drive,
Jacksonville, FL 32223.
C. ERDI Partners, Inc., is documented as an active entity by the Florida Division of
Corporations.
141. ERDI Partners, Inc., currently operates in Chicago, Illinois, as a foreign corporation under
the Business Corporation Act of Illinois.
a. ERDI Partners, Inc., was assigned File Number 71327574 by the Illinois
Department of State on or about July 31, 2017.
b. ERDI Partners, Inc., maintains an agent address of 910 W. Van Buren Street, Suite
315, Chicago, IL 60607.
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C. ERDI Partners, Inc., is currently active and operates under the d/b/a Education
Research and Development Institute ("ERDI").
I. ERDI maintains an operating business address of 910 W. Van Buren Street,
Suite 315, Chicago, IL 60607.
142. ERDI markets itself as a provider of research and development opportunities for companies
designing products and services in support of PK-12 education.
a. ERDI's mission includes providing a forum for dialogue between educational
leaders and corporate partners to shape products, goods, and services that will
inspire excellence in education and enrich the achievement of all learners.
b. ERDI's existence is associated with the following purposes:
I . Providing educational leaders the opportunity to influence the development,
refinement, and delivery of the products and services entering the K-12
educational setting so that those products and services can best meet the
needs of all students;
2. Providing a professional development growth experience for educational
leaders and corporate partners with leaders from those sectors engaging in
dialogue to improve the products and services that enter schools;
3. Providing educators and corporate partners an opportunity to keep abreast
of the latest developments in educational theory, practice, management, and
technology;
4. Providing both educators and corporate partners the opportunity to establish
personal relationships that will foster excellence in education through
discussion and inspired creativity which addresses unmet needs in schools.
143. ERDI currently holds multiple Institutes each year which are structured to, in part, give
educational leaders the opportunity to influence the development, refinement, and delivery
of the products and services entering the PK-12 education space.
a. ERDI Institutes are identified by number for specific educational personnel.
1. ERDI I and II Institutes are slated for Superintendents.
2. ERDI III and IV Institutes are slated for Deputy/Assistant Superintendents
and Chief Officers (e.g., Chief Academic Officer, Chief Technology
Officer, etc.).
b. The core element of ERDI's Institutes is the ERDI Research and Development
Panel.
144. Each ERDI Research and Development Panel consists of a confidential three-hour session
at which a Solution Provider is afforded the opportunity to present items under
development to a panel of five Education Leaders and to solicit critiques, evaluations,
and/or feedback from the panel.
Hamlet, 19-018
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a. A Solution Provider (aka client) is an individual, group, or organization engaged in
ongoing development of PK-12 educational products or services seeking insight
and feedback on the products/services from education leaders.
b. An Education Leader is a qualified senior school district official (e.g.,
Superintendent, Assistant/Deputy Superintendent, or Chief Officer) nominated by
his/her peers to serve on ERDI Institute Panels in a consulting capacity.
1. ERDI reimburses Education Leaders for expenses associated with
transportation, lodging, and hospitality in relation with service on panels at
ERDI Institutes.
2. From at least 2017 through 2019, ERDI provided Education Leaders with a
$2,000.00 honorarium for their time and expertise in serving on an ERDI
Institute panel.
aa. From at least 2017 through 2019 panelists had the option of
accepting the honorarium or voluntarily directing the honorarium to
nonprofit/charitable foundations and organizations which they
support.
3. In 2020, ERDI began making contributions to a nonprofit/charitable
organization of the panelists' choice in lieu of providing the panelists with
honorarium.
aa. Prior to 2020, Education Leaders were referred to as "Consulting
Members" due to the fact that they were issued payment in the form
of an honorarium for service on ERDI panels.
C. One of the Education Leader panelists serves as the panel chair for each session.
145. The process for scheduling a panel session includes preplanning, establishing an agenda,
and general operational procedures to be followed.
a. Preplanning for a panel is to include, in part, the following:
1. Selection of a topic for consideration by the panel;
2. Identification and distribution of any materials to be provided to the panel
members prior to the session;
3. Identification of any special facilities and/or audio-visual equipment
required for the panel;
aa. Clients may record the panel session at an additional cost.
4. Identification of specific panel members desired by the client for
consideration and accommodation of the request to the greatest extent
possible.
5. Determination if the client is prepared to have other companies/potential
clients observe the panel.
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b. The agenda for the panel is established by the client in consultation with the
Education Leader serving as the panel chair.
C. General operational procedures for conducting the session include the following:
1. The panel chairman calling on the ERDI panelists to introduce themselves
and briefly describe their respective school districts;
2. The panel chairman introducing any observer companies present;
3. The panel chairman or the client contact introducing the agenda;
4. The panel chairman leading the client and panelists through the agenda;
5. Summing up the session and determining any follow-up activities required
and/or identifying any additional steps to be followed;
6. Providing any observers with the opportunity to comment; and
7. Wrapping -up the session by the client contact and the panel chair.
146. On July 7, 2016, Traci Davis ("Davis"), Superintendent of Washoe County School District,
Reno, Nevada, introduced Dr. Hamlet and Paul Dulle ("Dulle"), then ERDI President and
Chief Executive Officer, via email.
a. Davis had recommended Dr. Hamlet's inclusion in ERDIlservice as an ERDI
consulting member to Dulle.
1. Davis was an ERDI consulting member at that time.
147. Dulle emailed Dr. Hamlet on July 15, 2016, expressing his interest in spearing to Dr.
Hamlet about ERDI.
a. Dulle attached various ERDI materials to the email for Dr. Hamlet's review.
b. Dr. Hamlet expressed his interest in participating in ERDI in a return email to Dulle
that same day.
C. Dr. Hamlet later initiated telephone contact with Dulle on July 18, 2016.
148. Dulle subsequently emailed Dr. Hamlet on July 18, 2016, upon completion of their
telephone communication and provided Dr. Hamlet with information about ERDI as well
as upcoming ERDI I and II (Superintendents) Institutes.
a. Dulle's email provided Dr. Hamlet with specific information regarding ERDI
expense reimbursement and honorarium, including, in part, the following:
I. ERDI's payment for three nights lodging, coach airfare, and a ground
transportation and food stipend for each ERDI Institute attended.
2. Honorarium in the amount of $2,000,00 for services as a consulting
educational leader at each Institute attended at which Dr. Hamlet was
available to serve on up to five panels.
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aa. Receipt of an additional $100.00 honorarium for service as a
chairperson for each panel chaired.
b. Dulle's email included a letter dated July 18, 2016, for presentation to Dr. Hamlet's
board of education regarding Dr. Hamlet's potential participation in ERDI.
I. The letter to be presented to the Board did not disclose Dr. Hamlet's ability
to receive honorarium in association with his participation with ERDI.
C. DulIe's email informed Dr. Hamlet of his need to complete and return the attached
ERDI Member Information Form along with a recent photograph and short
biography as soon as possible.
149. Dr. Hamlet confirmed receipt of Dulle's July 18, 2016, email via return email with the
message, "Information received...."
a. Dr. Hamlet was aware as early as July 18, 2016, that ERDI consulting members
were eligible to receive honorarium for their participation with ERDI.
b. Regarding honoraria, Section XV (Consulting and Other Outside Activities) of Dr.
Hamlet's contract with the District states, in relevant part and with emphasis added:
"Should participation in an outside activity result in payment of an honorarium or
fee, the Superintendent must use personal leave for this time away from District
duties or such pay or honorarium shall be donated to the Pittsburgh Promise."
150. Dr. Hamlet relayed his opportunity to participate in ERDI as a consulting member to Dr.
Regina Holley ("HoIley"), Board President, via email dated August 1, 2016, with the
subject of "ERDI Nomination."
a. Dr. Hamlet informed Holley that he had been nominated to participate with ERDI
by a consulting member of the ERDI panel.
b. Dr. Hamlet provided Holley with excerpts from the ERDI website as additional
information regarding ERDI panels and ERDI professional development.
151. Holley advised Dr. Hamlet in a return email that same day that his participation with ERDI
as a consulting member had to be presented to the Solicitor's Office for review.
a. Holley specifically instructed Dr. Hamlet to ensure that no conflict of interest
existed.
1. Holley copied her response to Ira Weiss ("Weiss"), Esquire, as the District
Solicitor.
b. Dr. Hamlet ultimately forwarded his original August 1, 2016, "ERDI Nomination"
email along with the attached letter from Dulle to Weiss for review.
1. Dr. Hamlet informed Weiss that he would wait to hear from Weiss before
accepting the nomination.
152. Dr. Hamlet, Holley, and Weiss communicated additional information via email on August
1, 2016, regarding travel expenses for ERDI functions.
1-Iamlet, 19-018
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a. Holley questioned who was to pay travel expenses for conferences, meetings, etc.
b. Dr. Hamlet asserted that ERDI paid for all expenses.
C. Consistent with his contract, Dr. Hamlet presented his intent to use vacation days
for attendance at ERDI-related functions.
153. On the evening of August 1, 2016, Weiss sent an email to Dr. Hamlet, copied to Holley
and Tricia Stadterman, legal assistant - Weiss Burkardt Kramer, LLC, in response to Dr.
Hamlet's query regarding his participation in ERDI as a consulting member. The email
reads: "Based upon the information I have reviewed including your providing me
clarification that ERDI pays all expenses and you would utilize vacation days for the
commitments, I am advising you and Dr. Holley that there is no contractual reason for
disallowing this. I assume from reviewing the website there is no remuneration to you for
your service as a member of the consulting board. Based upon those assumptions you can
proceed with this. I am advising you to disclose this appointment on your Statement of
Financial Interest which must be filed next year with the Law Dept under the Ethics Act.
We should have a discussion about whether to have ERDI pay directly or reimburse the
District for travel and expenses. Since ERDI is not a vendor or district consultant I believe
the expenses can be paid directly but I will confirm that."
154. Dr. Hamlet responded to Weiss via email later that same evening thanking him for the
follow-up.
a. Dr. Hamlet had prior knowledge that his participation on up to five panels at ERDI
Institutes would result in his receipt of an honorarium in the amount of $2,000.00.
b. Dr. Hamlet did not specifically disclose to Weiss his knowledge that ERDI panelists
were eligible for an honorarium for service on ERDI Institute panels.
I . Dr. Hamlet had been informed by Dulle approximately two weeks prior to
August 1, 2016, of ERDI's offering of an honorarium in the amount of
$2,000.00 per panelist for consulting member service on ERDI panels.
2. Dr. Hamlet believed that, based on the language in his contract, which had
been drafted by the District's Solicitor, that he was permitted to accept an
honorarium so long as he was on personal leave at the time of the event
related to the honorarium.
155. Dr. Hamlet returned his ERDI Member Information Form and biography to Dulle via email
dated August 3, 2016.
a. Dr. Hamlet's Membership Information Form identified Dr. Hamlet's position as
the Superintendent of Pittsburgh Public Schools.
156. Dr. Hamlet attended three ERDI Institutes spanning the time frame of February 2017
through February 2019 as an ERDI panelist as follows:
Institute Attended Institute Location Institute Dates Days of Week
ERDI 1/II (Winter 2017) New Orleans, LA 02/10/2017 -- 02/14/2017 Friday - Tuesday
Hamlet, I9-018
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Institute Attended Institute Location Institute Dates Days of Week
ERDI I/II (Summer 2017) Baltimore, MD 07/09/2017 — 07/12/2017 Sunday - Wednesday
ERDI 1/II (Winter 2019) Newport Beach, CA 02/17/2019 — 02/20/2019 Sunday - Wednesday
157. Dr. Hamlet's days of attendance at ERDI Institutes at which he served as a panelist include:
a. Winter 2017: February 12, 2017 -- February 14, 2017 (Sunday -- Tuesday).
1. February 13th & 14th, 2017, were regularly scheduled workdays for Dr.
Hamlet.
aa. Dr. Hamlet utilized two personal days to account for his absence
from the District on February 13th & 14th, 2017.
b. Summer 2017: July 9, 2017 — July 11, 2017 (Sunday — Tuesday).
1. July l oth & I Vh, 2017, were regularly scheduled workdays for Dr. Hamlet.
aa. Dr. Hamlet utilized two vacation days to account for his absence
from the District on July loth & 11'h, 2017.
Dr. Hamlet's vacation days were not entered into the
District's timekeeping system until August 22, 2019.
aaa. Dr. Hamlet received his original Notice of
Investigation letter from the Commission's
Investigative Division on August 15, 2019.
ii. These days were listed on Dr. Hamlet's calendar as personal
days.
C. Winter 2019: February 17, 2019 — February 19, 2019 (Sunday — Tuesday).
1. February 18th & 19'11, 2019, were regularly scheduled workdays for Dr.
Hamlet.
aa. Dr. Hamlet utilized two personal days to account for his absence
from. the District on February 18'h & 191h, 2019.
158. Dr. Hamlet was informed via email dated December 30, 2016, from Suzanne Dulle ("S.
Dulle"), then ERDI Vice -President and Chief Operating Officer, of his option to donate his
consulting honorarium for his service on ERDI panels.
a. S. Dulle informed Dr. Hamlet that she would be preparing the checks for the ERDI
Winter Conference in New Orleans, LA.
1. S. Dulle questioned if Dr. Hamlet wished to donate his honorarium to a
charitable organization.
aa. S. Dulle expressed that some ERDI members donate to their school
foundation or another organization of their choice.
Hamlet, 19-018
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2, S. Dulle requested that Dr. Hamlet inform her of his choice and the name
and address of the charity, if Dr. Hamlet chose to donate his honorarium.
b. Dr. Hamlet responded to S. Dulle via email dated January 4, 2017 which stated,
"Suzi,
Please plan to prepare a check for me. Thanks in advance..."
159. Dr. Harniet received three checks totaling $9,116.70 in relation to his service on ERDI
panels at the ERDI Winter 2017, Summer 2017, and Winter 2019 Institutes, as detailed
below:
Year Institute ERDI Check Check
Check Description
Clients Date Number
Amount
2017 Winter Hobsons 02/14/17 7774
$3,257.10* $50.00 Ground
II
Transportation
Chancelight
$167.50 Food
Allovue
$1,039.60
K12 Insight
Airfare
$2,000
Honoraria
$3,257.10 Total
2017 Summer IO 07/06/17 1198 $2,977.60^ $50.00 Ground
I Education Transportation
Social $176.00 Food
Sentinel
$747.60 Airfare
ZSpace
2 000
School Honoraria
CNxT
$2,973.60 Total
2019 Winter I Gaggle 02/14/19 2127 $2,882.00 $35.00 Ground
Illuminate Transportation
Edu $0 Food
Hamlet, 19-018
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Year Institute ERDI Check Check Check Description
Clients Date Number Amount
Panorama $847.00 Airfare
Edu
$2,000
SchoolMint Honoraria
$2,882.00 Total
*Note: Check No. 7774 specifies the reimbursement/honoraria amounts in the memo section; consulting amount is
incorrectly documented as $2,100,00.
'Note: Check No 1198 incorrectly documented the amount payable as $2,977.60, a mathematical error in Dr. Hamlet's
favor in the amount of $4,00.
a. Each check issued to Dr. Hamlet included $2,000.00 within the total for Dr.
Hamlet's ERDI Institute panel service honorarium, as well as reimbursement for
Dr. Hamlet's claimed travel expenses.
1. ERDI reimbursed Dr. Hamlet a total of $2,234.70 for transportation and
hospitality expenses and made direct payment totaling $1,434.18 for Dr.
Hamlet's lodging associated with ERDI Institutes attended in calendar year
2017 as follows:
aa. Transportation: $1,887.20 ($100.00 Ground + $1,787.20 Air).
bb. Hospitality: $343.50 (Food).
cc. Lodging: $1,434.18 ($744.63 Loews Hotel, New Orleans + $689.55
Four Seasons, Baltimore).
2. ERDI reimbursed Dr. Hamlet a total of $882.00 for transportation expenses
and made direct payment totaling $760.71 for Dr. Hamlet's lodging
associated with the ERDI Institute attended in calendar year 2019 as
follows:
aa. Transportation: $882.00 ($35.00 Ground + $847.00 Air).
bb. Lodging: $760.71 (fashion Island Hotel, Newport Beach).
160. Dr. Hamlet currently maintains an Advantage Plus Banking Account at Bank of America.
a. Dr. Hamlet originally opened the account as an individual My Access Checking
Account on February 22, 2008.
b. Dr. Hamlet requested an ATM/Check Card for/with the account.
C. Dr. Hamlet is the only authorized signatory on the account.
161. Dr. Hamlet deposited all three checks received from ERDI in relation to his attendance at
ERDI Institutes and service as an ERDI panelist at the Institutes, into his personal bank
account at Bank of America as detailed below:
Hamlet, 19-018
Page 68
Orin Check No Check Date Paye Amount Deposit Date Disposition
ERDI^ 7774 02/14/2017 Dr. $3,257.10 02/15/2017 Mobile Deposit Account x-
Hamlet
ERDI* 1198 07/06/2017 Dr. $2,977.60 07/12/2017 Mobile Deposit Account x
Hamlet
ERDI* 2127 02/14/2019 Dr. $2,882.00 02/20/2019 Mobile Deposit Account x
Hamlet
"Payer documented as Dulle Enterprises, Inc., DBA Education Research and Development Institute.
*Payer documented as ERDI Partners, INC.
a. Dr. Hamlet did not direct or instruct ERDI to donate any of his honorarium to any
nonprofit/charitable foundations and/or organizations in 2017 or 2019.
b. Dr. Hamlet believed that, based on the language in his contract, which had been
drafted by the District's Solicitor, that he was permitted to accept an honorarium so
long as he was on personal leave at the time of the event related to the honorarium.
162. As Superintendent of the District, Dr. Hamlet received honorarium payments in recognition
of his appearances, presentations, and participation on ERDI Panels which were not
intended as consideration for the nonpublic and professional presentations made by Dr.
Hamlet.
a. ERDI informed the Investigative Division that the purpose of the payment was "as
a show of gratitude for sharing their time, expertise, and professional knowledge in
service of the continuous improvement of public education, ERDI Education
leaders were provided a modest honorarium" (between $1,500.00-$2,500.00 per
Institute).
163. Dr. Hamlet, in his position as the Superintendent of the District, did not disclose as income
the $4,000,00 in payments received from ERDI on his initial 2017 calendar year Statement
of Financial Interests filed as the Superintendent, as well as travel expenses of $3,668.88
paid by ERDI for transportation, lodging, and hospitality.
a. Dr. Hamlet filed an amended 2017 Statement of Financial Interests disclosing
income from ERDI, but not the travel, hospitality, or lodging received.
1. Travel, lodging, and hospitality are required to be disclosed if they were
received in connection with his public position.
164. Educational Solutions Consulting, Inc. ("ESC") exists as a for profit corporation.
a. ESC was assigned Department of State ID Number 5045597 by the New York
Department of State on November 30, 2016.
I. ESC previously existed as a domestic limited liability company under
Department of State ID Number 3850300 from August 28, 2009, to
November 3 0, 2016.
aa. ESC dissolved as a domestic limited liability company on
November 30, 2016.
Hamlet, 19-018
Page 69
b. ESC maintains a Department of State process address of 211 E. Front St., First Fl.,
Greenport, New York, 11944.
c. ESC maintains a mailing address of 167 Main Street, 3`d Floor, Northport, NY
11768.
d. ESC is documented as an active entity by the New York Department of State.
165. ESC is a consulting firm which provides strategy, advisement, coaching, and business
development support for entrepreneurial organizations within the K12 industry.
a. ESC assists K12 startup companies with building their businesses, including
advising the companies on the process of building relationships with school
agencies and their leaders.
1. ESC addresses companies' goals by accessing its cohort of superintendent
partners to map the educational landscape and assist in determining where
best to build or invest.
b. ESC provides specific services including the following:
Founder sales and coaching for early stage companies;
2. K-12 district sales engines;
3. New York City based sales engines;
4. Market mapping;
5. Marketing and strategic communications; and
6. Business to business sales.
166. ESC was contracted in 2016 and 2017 to provide consulting services to venture
philanthropist New Schools Venture Fund's "Ignite" grantees.
a. New Schools Venture Fund ("NSVF") is a national nonprofit venture philanthropy
worsting to reimagine public education.
1. NSVF issues grants annually to a cohort of for -profit and non-profit
organizations seeking to improve outcomes for K12 public school students
in a particular area of work (e.g., Special Education, Social Emotional
Learning, Literacy, Science/Tech, etc.).
167. ESC was engaged to provide a day of coaching, mentoring, and advisement from its
network of K12 public school superintendent partners to NSVF grantees via an agreement
DocuSigned by Tonika Cheek Clayton, Partner — NSVF, and Doug Roberts, President —
ESC, on September 29, 2016, and September 30, 2016, respectively.
a. ESC's responsibilities included recruiting the superintendents, handling the
logistics of their travel, and organizing the instructional workshops.
168. ESC's deliverables per the agreement and NSVF's responsibilities per the agreement
included, in part, the following:
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a. ESC deliverables:
1. Two Superintendent Advisory Workshop Days at NSVF Community of
Practice Gatherings with a panel of at least five superintendents for each
workshop.
aa. The scheduled day/dates for the Superintendent Advisory Workshop
Days were Friday, November 4, 2016, and Tuesday, May 16, 2017,
in the San Francisco Bay area, San Francisco, California.
2. Ninety -minute panel discussion moderated by ESC at each workshop.
3. Ninety -minute "IT' consulting sessions between superintendents and
portfolio organization leaders to discuss product, strategy, and pricing.
4. Travel and other related expenses.
b. NSVF responsibilities:
1. Lodging and subsistence expense for one night's hotel room for five ESC
superintendents and up to one ESC staff member, as well as breakfast,
lunch, and dinner for all six participants at each workshop.
169. ESC routinely offered the superintendents honorarium in the amount of $500.00 for service
on panels at applicable events for which ESC was contracted.
a. ESC provided the superintendents with the option of accepting the honorarium or
directing ESC to send a check to a school's foundation or other 501(c)(3)
benefitting the superintendent's respective school district.
b. ESC does not enter into formal, written agreements with the superintendents
concerning any honorarium payment.
170. Roberts invited Dr. Hamlet to participate as one of the five superintendents at the May 16,
2017, panel to be held in the San Francisco Bay area, San Francisco, California.
a. Roberts personally invited Dr. Hamlet to participate on the May 16, 2017, panel
after meeting Dr. Hamlet in February 2017.
1. Roberts came to know Dr. Hamlet in February 2017 via introduction by
mutual colleagues at an educational conference.
2. Dr. Hamlet was invited to participate on the panel due to his position as
Superintendent of the District.
aa. All of the individuals participating on the panel were school district
superintendents with the exception of Roberts.
b. Roberts informed Dr. Hamlet during the invitation that he could opt to receive an
honorarium in the amount of $500.00 paid directly to him for his panel service,
have the honorarium donated to a District foundation, or have the honorarium
donated to a scholarship fund.
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171. The agenda for the May 16, 2017, workshop included the following activities occurring at
the workshop;
a. Introduction of the panel of superintendents.
Each of the panelists was verbally introduced by name, position, and school
district.
b. Presentation of a panel discussion between all panelists and Roberts to company
representatives in attendance.
C. Question and answer session between the company representatives and the
panelists/Roberts.
d. Table conversations and feedback sessions.
172. Dr. Hamlet was present at and participated in the ESC organized workshop conducted in
the San Francisco Bay area, San Francisco, California, on Tuesday, May 16, 2017.
a. Dr. Hamlet flew from West Palm Beach, Florida, to San Francisco, California, on
Sunday, May 14, 2017, by way of Atlanta, Georgia, with a scheduled arrival time
of 6:54 p.m.
I. Dr. Hamlet issued personal payment for his flight to California in the
amount of $770.80 via his personal American Express credit card.
b. Dr. Hamlet was scheduled to fly from San Francisco, California, to Pittsburgh,
Pennsylvania, on Tuesday, May 16, 2017, by way of St. Paul, Minnesota, with a
scheduled arrival time of 12:55 p.m. on May 17, 2017.
1. Dr. Hamlet issued personal payment for his flight from California in the
amount of $558.80 via his personal American Express credit card.
173. Monday, May 15, 2017, and Tuesday, May 16, 2017, were regularly scheduled District
workdays for Dr. Hamlet.
a. Dr. Hamlet's travel to San Francisco, California, was not approved per District
travel requirements.
I . Dr. Hamlet had no approved DBA3 on file with the District to support his
trip to San Francisco, California, on May 15, 2017, and May 16, 2017.
aa. If Dr. Hamlet was on personal leave, no DBA3 was required.
bb. Dr. Hamlet has infonxned Commission staff that he intended to and
believed he had taken leave for this trip.
i. The days in question are marked on Dr. Hamlet's calendar
as "New Schools Ignite Summit."
ii. If provided with the appropriate information and if they did
not make a mistake, Dr. Hamlet's assistant(s) would have
been responsible for documenting any leave he had
requested to take for these days.
HaEnlet, 19-018
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iii. The ultimate responsibility to ensure correct usage of leave
rested with Dr. Hamlet.
2. Dr. Hamlet's travel did not represent an authorized approved absence from
the District for May 15"h & 161h, 2017.
b. District records do not reflect that leave of any type (vacation, personal, or sick)
was used to account for Dr. Hamlet's District absences on May 15, 2017, or May
16, 2017.
174. Roberts/ESC extended Dr. Hamlet the option of accepting the $500.00 honorarium or
directing ESC to provide the payment to a school's foundation or other 501(c)(3) which
benefited the District.
a. Dr. Hamlet did not direct or instruct Roberts/ESC to donate any of his honorarium
to any foundation and/or other 501(c)(3).
b. Dr. Hamlet accepted the honorarium payment which was directly deposited into his
personal account.
C. If he had been on leave, the terms of Dr. Hamlet's contract would have permitted
him to accept the honorarium.
175. Dr. Hamlet received two payments from ESC totaling $1,829.30 in relation to his service
on the ESC panel convened on May 16, 2017, in San Francisco, California, which included
an honorarium payment and airfare as detailed below:
Payment Date Transaction No.^ Check Amount Description
05/25/2017 6247991585 $1,058.50 $558.50 Airfare (Return Flight)
$500.00 Honorarium
$1,058.50 Total
06/13/2017 6292573663 $770.80 $770_80 Airfare (Arriving Flight)
$770.80 Total
^Payments to Dr. Hamlet were made by online bill pay from FSC's Chase online bill pay service (Account No. x-9732)
a. Transaction Number 6247991585 totaling $1,058.50 included $500.00 for Dr.
Hamlet's ESC panel honorarium payment as well as partial reimbursement for Dr.
Hamlet's claimed airfare expenses.
b. Transaction Number 6292573663 totaling $770.80 accounted for reimbursement
for the balance of Dr. Hamlet's claimed airfare expenses associated with the travel.
Hainlet, 19-018
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C. Transaction Numbers 6247991585 and 6292573663 resulted in a direct deposit of
funds totaling $1,829.30 into Dr. Hamlet's personal bank account at Bank of
America which included $1,329.30 claimed for transportation expenses (airfare)
and the $500.00 honorarium payment.
176. Dr. Hamlet, in his position as the Superintendent of the District, failed to disclose
transportation, lodging, and/or hospitality provided by ESC in excess of $650.00 in
association with travel to ESC's panel for NSVF on his initial and amended 2017 calendar
year Statements of Financial Interests.
a. Transportation, lodging, hospitality received from ESC (2017):
Airfare: $1,329.30
Travel, lodging and hospitality are required to be disclosed if they were
received in connection with his public position.
177. The Council of Great City Schools ("CGCS") is a nonprofit entity founded in 1956 to
represent the needs, challenges, and successes of major city public school districts and their
students.
a. The CGCS's mission is to endorse the cause of urban schools and to advocate for
inner-city students through legislation, research, and media relations.
b. The CGCS keeps the nation's lawmakers, the media, and the public informed about
the progress and problems in large city schools.
178. The CGCS efforts to promote the improvement of public education in major city public
school districts through advocacy, research, communications, conferences, technical
assistance, and other activities.
The CGCS holds various conferences/events through which to advance its mission.
b. The District is a CGCS member district.
179. The Wallace Foundation is a philanthropy working nationally to foster improvements in
learning and enrichment for disadvantaged children and the vitality of the arts for all.
a. Dr. Hamlet attended a minimum of two meetings in New York, New York, hosted
by the Wallace Foundation during calendar year 2017.
Dr. Hamlet attended the meetings as a result of a grant/grants provided to
CGCS by the Wallace Foundation.
180. Dr. Hamlet was present at and attended an event as a CGCS member in New York, New
York, on or about May 22, 2017, which was hosted by the Wallace Foundation regarding
the subject of "Principal Supervisors."
a. Dr. Hamlet flew from Pittsburgh, Pennsylvania, to New York, New York, on May
21, 2017.
b. Dr. Hamlet flew from New York, New York, to Pittsburgh, Pennsylvania, on May
22, 2017.
Hamlet, 19-018
Page 74
181, Dr. Hamlet secured lodging for the night of May 21", 2017, at the Westin New York at
Times Square, New York, New York, at a total cost of $238,86,
a. Dr. Hamlet issued payment for his lodging via his District issued Procurement Card
in the amount of $238,86,
1. The District issued payment on .tune 27, 2017, for its Procurement Card
account via Corporate ACH Autopay from the District General Fund
Account.
182. Upon return, Dr. Hamlet submitted travel expenses incurred to CGCS for reimbursement
in conjunction with the Wallace Foundation event on Principal Supervisors.
a. Dr. Hamlet was reimbursed in the amount of $534.10 for hotel and out of pocket
expenses.
b. Dr. Hamlet does not do his own expense or reimbursement reports, although he
does sign them and is ultimately responsible for their accuracy.
183. Dr. Hamlet received CGCS check number 30049, dated July 5, 2017, in the amount of
$534.10 in payment of/reimbursement for travel expenses incurred in relation to his
attendance at the May 22, 2017, Wallace Foundation event regarding Principal
Supervisors.
a. CGCS sent the reimbursement check directly to Dr. Hamlet at Dr. Hamlet's home
address.
b. Dr. Hamlet's lodging expense of $238.86 paid via his District Procurement Card
was included within the reimbursement amount received from CGCS.
184. Dr. Hamlet deposited CGCS check number 30049 into his personal account at Bank of
America on July 10, 2017, via mobile deposit.
a. Dr. Hamlet's signature is present on the back of CGCS check number 30049.
185. Dr. Hamlet incorrectly received $238.86 in funds due the District as reimbursement when
he deposited CGCS check number 30049 into his personal account at Bank of America.
a. Dr. Hamlet made no personal reimbursement to the District to account for his
depositing CGCS check number 1187 into his personal account which included
$238.86 due the District.
186. Dr. Hamlet attended a second event as a CGCS member in New York, New York, on or
about September 25, 2017, which was hosted by the Wallace Foundation regarding the
subject of the ESSA Leadership Learning Community ("ELLC").
a. Dr. Hamlet's airfare totaled $740,40 for the round-trip ticket.
1. Dr. Hamlet's airfare was charged to Dr. Hamlet's District Procurement
Card.
Hamlet, 19-018
Page 75
2. The District issued payment on October 27, 2017 for its Procurement Card
account via Corporate ACH Autopay from the District General Fund
Account,
187. Dr. Hamlet secured lodging for the night of September 24, 2017, at the Roosevelt Hotel,
New York, New York, at a total cost of $208.91.
a. Dr. Hamlet issued payment for his lodging via use of his District -issued
Procurement Card in the amount of $209.91.
1. The District issued payment on October 27, 2017, for its Procurement Card
account via Corporate ACH Autopay from the District General Fund
Account.
188. Santucci completed and submitted a CGCS Travel Expense Reimbursement Request form
on Dr. Hamlet's behalf for reimbursement of travel expenses incurred totaling $775.15 in
conjunction with the Wallace Foundation event on ELLC.
a. Dr. Hamlet authorized submission of the reimbursement form to CGCS for the
following:
Description Amount
Airfare $740.40
Other (mileage) $34.75
Total $775.15
b. Dr. Hamlet's signature is present on the reimbursement form as the participant.
C. Dr. Hamlet does not do his own expense or reimbursement reports, although he
does sign them and is ultimately responsible for their accuracy.
189. CGCS subsequently issued check number 30378, dated October 31, 2017, in the amount
of $775.15 to the District in payment of/reimbursement for travel expenses incurred in
relation to Dr. Hamlet's attendance at the September 25, 2017, Wallace Foundation event
regarding ELLC.
a. CGCS submitted the reimbursement check directly to the District Administration
Building to the attention of the Finance Department.
190. After the District's receipt of CGCS check number 30049, Dr. Hamlet authorized
completion of a District DBAI — Voucher Request in his name dated November 27, 2017,
requesting reimbursement in the amount of $775,15,
a. The DBAI documented the following explanation for the reimbursement request:
"Attached is a copy of a check from the Council of the Great City Schools as a
reimbursementfor Dr. Hamlet's expenses. This is to reimburse Dr. Hamlet because
the check Tvas (illegible) to the Pittsburgh Public Schools. "
Hamlet, 19-018
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191. The information on the District DBA1 -- Voucher Request was not accurate, which resulted
in Dr. Hamlet's receipt of District funds to which he was not entitled.
a. At least $740.40 of the $775.15 Dr. Hamlet requested for reimbursement from the
District represented funds due the District.
1. Dr. Hamlet's airfare in the amount of $740.40 had been purchased via Dr.
Hamlet's District Procurement Card and subsequently paid by the District.
b. Both the Board President and the District's Chief Financial Officer signed off on
the DBA 1.
192. Dr. Hamlet received District check number 0023415, dated December 8, 2017, in the total
amount of $1,336.84 as cumulative reimbursement for travel expenses claimed in
association with Dr. Hamlet's travel to separate CGCS events in September 2017 and
October 2017, respectively.
a. Dr. Hamlet was issued reimbursement totaling $775.15 for his travel to the Wallace
Foundation ELLC event held on September 25, 2017.
1. At least $740.40 of the total $1,336.84 represented the cost of airfare which
had been charged on Dr. Hamlet's Procurement Card and subsequently paid
by the District.
b. The reimbursement to Dr. Hamlet via check number 023415 included $561.69 for
his travel to the CGCS Annual Conference in Cleveland, Ohio, spanning the dates
of October 17, 2017 — October 21, 2017. This was proper reimbursement.
193. Dr. Hamlet cashed District check number 0023415 at First National Bank, Oakland,
Pittsburgh, on December 8, 2017.
a. Dr. Hamlet's signature is present on the back of District check number 0023415.
194. Dr. Hamlet incorrectly received $740.40 in reimbursement funds which were due the
District when he cashed District check number 0023415, converting same to personal use.
a. Dr. Hamlet made no personal reimbursement to the District to account for his
receipt of the airfare reimbursement totaling $740.40 to which he was not entitled.
195. Dr. Hamlet realized a private pecuniary gain when, in his position as the Superintendent of
the District, he incorrectly received reimbursement funds due the District from CGCS in
the approximate amount of $979.26 for events attended and subsequently utilized the funds
for his own personal use as detailed below:
Description Amount
Lodging reimbursement: Wallace Foundation Principal Supervisor's meeting $238.86
Airfare reimbursement: Wallace Foundation ELLC meeting $740.40
Total $979.26
196. The Center for Better Schools, dba The National Academy of Advanced Teacher Education
("NAATE"), is an educational, nonprofit entity focused on providing quality, in -residence
Hamlet, 19-018
Page 77
professional development to teachers and school leaders from urban schools throughout
the United States.
a. NAATE's mission is to develop, leverage, and retain the nation's top -tier educators
for improved student and school performance through an advanced program of
study which balances instructional mastery and leadership.
b. NAATE operates its programs at Yale University in New Haven, Connecticut, in
the summer months and at Hotel DuPont in Wilmington, Delaware, during the
school year.
197. In 2017, NAATE received a grant from the Heinz Foundation with which NAATE was
charged in determining interest in NAATE from local district and charter school leaders in
the Greater Pittsburgh area.
a. NAATE invited Dr. Hamlet and Fearbry-Janes to travel to Wilmington, Delaware,
to receive an overview of the program, sit in on NAATE classes for one day, and
engage with participants.
1. Dr. Hamlet and Fearbry-Jones were to arrive the evening of November 1,
2017, and return to Pittsburgh the following day.
b. Dr. Hamlet, Fearbry-Jones, and Principals Kellie Meyer and Karen Arnold traveled
to Wilmington, Delaware, to participate in the event.
1. District Representatives, including Dr. Hamlet, were informed prior to the
travel that transportation expenses would be reimbursed.
198. Dr. Hamlet's airline arrangements for his travel to Wilmington, Delaware, were made on
October 27, 2017, with lodging for Dr. Hamlet's travel scheduled directly by NAATE.
a. Dr. Hamlet flew from Pittsburgh, Pennsylvania, to Philadelphia, Pennsylvania, and
back on November 1, 2017, and November 2, 2017, respectively via American
Airlines Ticket Number 0012155678955.
1. Dr. Hamlet's airfare totaled $732.40 for the round-trip ticket.
aa. The cost of Dr. Hamlet's airfare was charged to Dr. Hamlet's
District Procurement Card.
bb. The District issued payment on November 28, 2017, for its
Procurement Card account via Corporate ACH Autopay from the
District General Fund Account.
199. Dr. Hamlet utilized the services of Yellow Cab Association for ground transportation from
Philadelphia, Pennsylvania, to Wilmington, Delaware, on November 1, 2017, and Uber for
ground transportation from Wilmington, Delaware, to Philadelphia, Pennsylvania, on
November 2, 2017.
a. Dr. Hamlet incurred Yellow Cab fees in the amount of $66.14 and Uber fees in the
amount of $107.39, for ground transportation fees in the total amount of $173.53.
Hamlet, 19-018
Page 78
b. Dr. Hamlet issued personal payment for the fees incurred via his personal American
Express credit card.
200. NAATE representatives secured lodging for Dr. Hamlet at Hotel du Pont in Wilmington,
Delaware, overnight from November 1, 2017, into November 2, 2017.
a. The rate for Dr. Hamlet's room was $196.90 per night per an existing contract
between NAATE and Hotel du Pont.
1. No incidentals were charged to Dr. Hamlet's room.
2. Dr. Hamlet is incorrectly identified on Hotel du Pont's group rooming list
as, "Dr. Hamlet, Anderson."
b. Dr. Hamlet's room cost was paid directly by NAATE at the negotiated contract
rate.
201. Dr. Hamlet participated in the NAATE program for one day during his travel to and from
Wilmington, Delaware.
a. Dr. Hamlet's role was that of an observer/evaluator to assess the merits of the
program for application within the District.
202. Santucci forwarded Dr. Hamlet's transportation receipts totaling $905.93 via email to
NAATE for reimbursement upon Dr. Hamlet's return to the District.
a. The $905.93 submitted included $732.40 in airline fees originally paid via Dr.
Hamlet's District Procurement Card.
203. Dr. Hamlet received NAATE check number 1187, dated November 14, 2017, payable to
Dr. Anthony Hamlet in the amount of $887.46 as payment of/reimbursement for travel
expenses incurred.
a. NAATE sent the reimbursement check directly to Dr. Hamlet at Dr. Hamlet's
District office address.
1. The memo section of the check noted:
Dr. Anthony Dr. Hamlet
Pittsburgh Public Schools
341 S. Bellefield Avenue
Room 107
Pittsburgh, PA 15213
b. At least $713.93 of Dr. Hamlet's total airfare of $732.40 paid via his District
Procurement Card was included within the reimbursement amount.
1. NAATE reimbursed a total amount $18.47 less than actual travel expenses
incurred for airline and ground transportation expenses.
Hainlet, 19-018
Page 79
204. Dr. Hamlet deposited NAATE check number 1187 into his personal account at Bank of
America on November 21, 2017, via mobile deposit.
a. Dr. Hamlet's signature is present on the back of NAATE check number 1187.
205. Dr. Hamlet incorrectly obtained a minimum of $713.93 in reimbursement funds due the
District when he deposited NAATE check number 1187 into his personal account at Bank
of America for personal use.
a. Dr. Hamlet made no personal reimbursement to the District to account for his
depositing NAATE check number 1187 into his personal account which included a
minimum of $713.93 due the District.
206. Dr. Hamlet, in his position as the Superintendent of the District, failed to disclose
transportation, lodging, and/or hospitality provided by NAATE in excess of $650.00 in
association with travel to and attendance at a NAATE event in 2017 on his initial and
amended 2017 calendar year Statements of Financial Interests.
a. Transportation, lodging, and hospitality received from NAATE totaled $1,084.36.
b. Dr. Hamlet is required to report reimbursements for "transportation, lodging or
hospitality that [he] received in connection with [his] public position."
207. The Jewish Federation of Greater Pittsburgh ("JFGP") is a nonprofit entity which serves
as the central planning and fundraising body for the Pittsburgh Jewish community.
a. The JFGP's vision/mission statement is to further the Jewish community by raising
and allocating funds and building community locally, in Israel, and around the
world.
208. Classrooms Without Borders ("CWB") is an independent, nonprofit program of the JFGP
which provides continuing education and professional development for educators.
a. CWB financially and academically supports educators and students to participate
in study travel seminars to places where the Jewish population has been impacted
by antisemitism and oppression.
209. In 2018, CWB partnered with the District to provide a group of five District representatives
the opportunity to participate in CWB's Poland Personally Holocaust education travel
study seminar ("Poland Study Seminar").
a. The Poland Study Seminar was scheduled to occur over the time frame of Sunday,
July 1, 2018, to Monday, July 9, 2018.
1. The travel encompassed a total of five regularly scheduled District
workdays for Dr. Hamlet.
aa. July 4, 2018, was not a regularly scheduled workday for District
personnel.
210. Per the partnership agreement, the District was responsible for payment of a registration
fee of $1,500.00 per educator attending with CWB subsidizing the remainder of the costs.
Hamlet, 19-018
Page 80
a. The $1,500.00 registration fee for each representative covered all travel costs
including airfare and lodging.
Educators had the option of purchasing his/her own tickets with CWB
reimbursing the educators' actual expense or up to the amount CWB would
have spent on his/her flight.
aa. Educators purchasing their own airline tickets were eligible for
reimbursement of the lesser of the two amounts.
bb. Ticket costs through CWB for the 2018 Poland Study Seminar
totaled approximately $1,860.00 per ticket.
b. The amount to be subsidized by CWB totaled $3,100.00 per District participant.
211. District representatives selected to participate in the travel included Dr. Hamlet, Fearbry-
Jones, Wester, May -Stein, and Brice Hostutler.
a. Hostutler was the only classroom teacher of the five District representatives
participating.
212. A District DBA3 travel request was submitted on Dr. Hamlet's behalf to then -Board
President, Dr. Regina Holley, for approval on or about December 11, 2017, in relation to
his travel to the CWB Poland Study Seminar.
a. The form documented the dates of travel as June 30, 2018, to July 11, 2018,
inclusive on his DBA3.
b. Dr. Hamlet did not fill out, but did sign, the DBA3. Ms. DeCarlo advised the
Commission staff that it was her practice to include both an extra day at the
beginning and at the end on Dr. Hamlet's DBA3s to account for possible changes
of schedule.
213. CWB's 2018 Poland Study Seminar required participants to complete a registration process
which included payment of a $250.00 non-refundable deposit by December 15, 2017.
a. Payment of the deposit signified completion of the registration process and secured
the slot for the participant on the trip.
1, The amount of the deposit was subsequently deducted from the full seminar
registration fee.
b. Participants were billed at a later date for the remaining balance of seminar dues
after the CWB subsidy was applied.
214. CWB requested that all educators participating in the 2018 Poland Study Seminar pay the
$250.00 deposit fee from their own personal funds.
a. The request was made so that if the educator's school/district later covered the
entire registration fee, CWB reimbursed the $250.00 deposit amount directly to the
participant.
Hamlet, 19-018
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215. Payment for Hamlet's CWB Poland Study Seminar registration fees were made on
December 14, 2017, in the amount of $250.00 via his District -issued Procurement Card.
a. Dr. Hamlet's registration fees were paid via an online transaction. Dr. Hamlet's
assistants have access to and typically use his Procurement Card for travel expenses
and reservation rather than Dr. Hamlet doing so himself.
b. The District issued payment on January 26, 2018, for its Procurement Card account
via Corporate ACH Autopay from the District General Fund Account.
216. CWB subsequently billed the District via Invoice No. 1070 in the total amount of $7,500.00
for the balance of the Poland Study Seminar fees due for Dr. Hamlet and the remaining
District participants.
a. The invoice detailed the balance due for each of the District participants, including
Dr. Hamlet, as $1,500.00 after the CWB subsidy was applied.
1. The invoice documented a balance due of $4,600.00 per participant, minus
the CWB subsidy of $3,100.00 per participant, for a total due of $1,500.00
per participant.
b. The District issued three separate checks to the JFGP in the total amount of
$7,500.00 in payment of Dr. Hamlet's and the remaining participant's dues for the
Poland Study Seminar as detailed below:
Check Number Check Date Check Amount
0914817 05/30/2018 $1,500.00
0914818 05/30/2018 $4,500.00
0026971 06/01/2018 $1500.00
Total $7,500.00
217. Dr. Hamlet did not travel to the CWB Poland Study Seminar with the remainder of the
District participants.
a. Dr. Hamlet flew from Hong Kong, China, to Moscow, Russia, and from Moscow,
Russia, to Warsaw, Poland, on July 1, 2018.
1. Dr. Hamlet's airfare from Hong Kong to Moscow to Warsaw totaled
$506.80.
2. Dr. Hamlet had been in China from at least Monday, June 25, 2018, until
Sunday, July 1, 2018, on personal business.
aa. June 25, 2018, through June 29, 2018, were regularly scheduled
District workdays for Dr. Hamlet.
Dr. Hamlet utilized three vacation days and two accumulated
snow days to account for his absence from the District from
June 25, 2018, through June 29, 2018.
Hamlet, 19-018
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218. Dr. Hamlet participated in the CWB Poland Study Seminar from Sunday, July 1, 2018,
until Monday, July 9, 2018, when Dr. Hamlet then flew from Krakow, Poland, to Frankfurt,
Germany, and from Frankfurt, Germany, to Pittsburgh, Pennsylvania.
a. Dr. Hamlet's airfare from Krakow to Frankfurt to Pittsburgh totaled $1,218.71.
1. Dr. Hamlet issued personal payment for his airline tickets from Krakow to
Frankfurt to Pittsburgh via his personal American Express credit card.
219. A District DBA4 Expense Account Memorandum dated July 12, 2018, was submitted on
behalf of Dr. Hamlet for reimbursement of expenses totaling $772.26 associated with his
participation in the CWB Poland Study Seminar.
a. Within the $772.26 claimed was per diem reimbursement for meals in the amount
of $52.00 per day for eleven days (June 30, 2018, through July 10, 2018) totaling
$572.00.
b. Dr. Hamlet did not personally fill out this document, but he did sign it.
1. The original draft of the document included the non-existent date of June
31, 2018 (June only has 30 days), resulting in an extra day. When the form
was changed the extra day, however, remained, resulting in the trip being
stated as ending on July 10 instead of July 9.
220. In addition to reimbursement claimed from the District, Dr. Hamlet claimed separate
reimbursement from the JFGP in the amount of $1,975.51.
a. Dr. Hamlet received an email from Robin Monroe ("Monroe"), CWB Program
Coordinator, on August 2, 2018, advising Dr. Hamlet that she was processing his
airfare expense of $1,218.71 in addition to the $250.00, "...you paid out of pocket
for Poland deposit..." for reimbursement.
l . Dr. Hamlet had no out of pocket expense for the deposit.
2. The $250.00 deposit was made via use of Dr. Hamlet's District Procurement
Card.
aa. The $250.00 deposit reimbursement/refund was due the District.
3. Dr. Hamlet responded to Monroe via email that same day that she was
missing a flight ticket he had submitted and that he would forward the
tickets (i.e., receipts).
aa. Dr. Hamlet sent an additional email to Monroe that same day which
included his arriving and departing tickets to/from Poland.
i. In the email Dr. Hamlet requested that Monroe acknowledge
the finalized reimbursement adjustment and receipt of the
information.
bb. Monroe was not advised that Dr. Hamlet had not paid the $250.00
deposit personally.
Hamlet, 19-018
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cc. Monroe was not advised to issue the $250.00 deposit amount back
to the District.
b. Dr. Hamlet received a subsequent email from Monroe that same day confirming
details of Dr. Hamlet's reimbursement as follows:
Description Amount
Deposit $250.00
Airfare: Hong Kong to Warsaw $506.80
Airfare: Krakow to Pittsburgh $1,218.71
Total $1,975.51
221. Dr. Hamlet received, and subsequently deposited, JFGP check number 030366, dated
August 10, 2018, in the amount of $1,975.51 into his personal account at Bank of America
on August 13, 2018, via mobile deposit.
a. Dr. Hamlet's signature is present on the back of JFGP check number 030366.
b. The payment included reimbursement of the $250.00 deposit Dr. Hamlet charged
to his District Procurement Card.
222. Dr. Hamlet incorrectly received $250.00 in reimbursement funds which were due the
District when he deposited JFGP check number 030366 into his personal account at Bank
of America for personal use.
a. Dr. Hamlet made no personal reimbursement to the District to account for his
depositing JFGP check number 1187 into his personal account which included
$250.00 due the District.
223. Dr. Hamlet also ultimately received reimbursement from the District via check number
029148, dated August 31, 2018, in the amount of $772.26 for expenses incurred in relation
to Dr. Hamlet's participation in the CWB Poland Study Seminar.
a. Of the $772.26 issued to Dr. Hamlet, $572.00 was issued as reimbursement for
meals in the amount of $52.00 per day for eleven days (June 30, 2018, through July
10, 2018).
1. Dr. Hamlet's DBA4 (which was drafted based on the incorrect DBA3)
claimed per diem for two days in the total amount of $104.00 to which he
was not entitled. Dr. Hamlet did not draft, although he signed, the DBA4.
aa. Dr. Hamlet's DBA4 claimed per diem reimbursement for June 30,
2018, in the amount of $52.00 while on personal business in China.
i. The departure date for the Poland Study Seminar was July 1,
2018.
bb. Dr. Hamlet's DBA4 claimed per diem reimbursement for July 10,
2018, in the amount of $52.00 although Dr. Hamlet had arrived in
Pittsburgh, Pennsylvania, on the evening of July 9, 2018.
Hainlet, 19-018
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i. Dr. Hamlet's flight from Krakow to Pittsburgh had a
scheduled arrival time of 7:05 p.m. eastern time.
ii. Dr. Hamlet arrived at his residence in Pittsburgh via Uber at
approximately 9:00 p.m. eastern time.
iii. Dr. Hamlet's District ID Card (Badge No. 1991) documents
Dr. Hamlet's presence at the Administrative Building via the
South Dithridge Street entrance/exit at 1:47:10 p.m. and
4:38.54 p.m. on July 10, 2018.
224. Dr. Hamlet cashed District check number 0029148 at First National Bank, Oakland,
Pittsburgh, on August 31, 2018.
a. Dr. Hamlet's signature is present on the back of District check number 0029148.
225. Dr. Hamlet, in his position as the Superintendent of the District, failed to disclose
transportation, lodging, and/or hospitality provided by JFGP/CWB in excess of $650.00 in
association with travel to and participation in the 2018 CWB Poland Study Seminar on his
initial and amended 2018 calendar year Statements of Financial Interests.
a. Transportation, lodging, and hospitality from JFGP: $1,725.51
Description Amount
Airfare: Hong Kong to $506.80
Warsaw
Airfare: Krakow to $1,218.71
Pittsburgh
Total $1,725.51
b. Transportation, lodging, and hospitality from CWB: $3,100.00
Description Amount
Travel subsidy $3,100.00
226. Dr. Hamlet's employment as the Superintendent is governed by contract between Dr.
Hamlet, the District, and the Board.
a. Dr. Hamlet was appointed to the Superintendent position via Resolution approved
at a May 18, 2016, Special Meeting of the Board authorizing the execution of an
employment contract with Dr. Hamlet.
1. The Resolution authorized Dr. Hamlet's appointment as the Superintendent
for the period of July 1, 2016, through June 30, 2021.
2. Included within the Resolution was authorization for execution of a
consulting contract for Dr. Hamlet's service as a consultant for the District
from June 1, 2016 — June 30, 2016, for transition and planning purposes.
b. Dr. Hamlet's Superintendent's contract bears an effective date of July 1, 2016.
Hamlet, 19-018
Page 85
227. Dr. Hamlet's contract with the District is composed of multiple numbered sections which
delineate specific information, mandates, allowances, etc., in relation to Dr. Hamlet's
employment with the District.
a. Dr. Hamlet negotiated his employment contract with the District with assistance
from private legal counsel.
228. Section VI — Governance Management Contract, Sub -Section C — Role of Superintendent,
of Dr. Hamlet's contract identified, in part, the following:
a. Dr. Hamlet's primary responsibility as providing leadership and organizational
management for the total operation of the District and his accountability to the
Board for District performance.
b. Dr. Hamlet to be guided by the policies of the Board, to maintain frequent and open
communications with all Members of the Board, and to work collaboratively with
the Board to inform them of the decision -making process.
229. Section IX — Compensation, of Dr. Hamlet's contract identified, in part, the following:
a. Dr. Hamlet's starting base annual salary of $210,000.00.
b. Dr. Hamlet's receipt of a minimum salary increase of three percent annually
provided Dr. Hamlet performed in a satisfactory or better manner.
C. Dr. Hamlet's receipt of an annual bonus of up to $15,000.00 based upon achieving
the Agreed Upon Performance Priorities set by the Board each year.
d. Dr. Hamlet's salary schedule of payment in biweekly installments or, if different,
in accordance with the District's payroll practice as in effect from time to time.
1. Dr. Hamlet's salary payment schedule is semi-monthly as a salaried
employee.
230. Section X — Benefits, of Dr. Hamlet's contract identified, in part, the following:
a. Dr. Hamlet's receipt of leave in the form of twenty-five annual vacation days,
fifteen annual sick days, two personal days, and four bereavement leave days.
1. Dr. Hamlet's eligibility for reimbursement from the District at the end of
each contract year in an amount equal to 112601h of his salary (per diem rate)
for each unused vacation and personal day up to twenty total days.
aa. Per Dr. Hamlet's contract, any additional unused and unpaid
vacation or personal days remaining at the conclusion of the contract
year for the preceding year are forfeited and not carried over to any
subsequent contract year.
bb. Dr. Hamlet's contract is silent as to how snow days are to be treated.
231. Dr. Hamlet works in a year-round capacity in his capacity as the Superintendent.
a. Dr. Hamlet's regularly scheduled workdays are Monday through Friday, although
he does not work a "9-5" schedule.
Hamlet, 19-018
Page 86
1. An expectation exists that Dr. Hamlet may be required to work on weekends
and/or after normal District administrative hours as the Superintendent. He
does not receive any compensation time or extra pay for this work. For
example, if Dr. Hamlet works sixty (60) hours in a week, he gets his regular
salary only; there is no additional compensation or time off for the twenty
(20) hours above a standard forty (40) hour workweek.
2. Dr. Hamlet has the ability to work remotely as needed.
b. Dr. Hamlet's primary assigned work location is the District Administration
Building located at 341 South Bellefield Avenue, Pittsburgh, PA 15213.
1. Dr. Hamlet's office is in Room No. 107 within the Administration Building.
C. Dr. Hamlet receives the following holidays as regular days off in his capacity as a
twelve-month employee:
1.
New Year's Day;
2.
Martin Luther King, Jr., Day;
3.
Good Friday;
4.
Memorial Day;
5.
Independence Day;
6.
Labor Day;
7.
Veterans Day;
8.
Thanksgiving Day;
9.
Day after Thanksgiving;
10.
Day before Christmas;
11.
Christmas Day; and
12.
New Year's Eve Day.
232. Each office/department within the District Administration Building includes an employee
who, among other responsibilities, serves as the timekeeper for employees within their
respective office/department.
a. The timekeeper is responsible for the entry of codes into the District PeopleSoft
system to account for employee absences from the District during regularly
scheduled work hours/days.
1. Employee absences from the District for which employees are paid include
approved District absences, vacation time, personal time, sick time, and/or
bereavement time.
2. Codes utilized by the District for absence classification are detailed below:
Hamlet, 19-018
Page 87
Code
Description
AAS
Approved Absence Salaried
VAS
Vacation Day Salaried
VPS
Vacation Day Prior Year
SKS
Sick Salaried
PLS
Personal Leave Salaried
FUS
Funeral Leave Salaried
aa. Code AAS is primarily utilized by the District to account for days
that District employees are working or traveling on District business
but are not physically within the District's geographic boundaries.
i. Code AAS is used for absences when employees travel for
professional development, travel as an official District
representative, etc.
ii. Code AAS is also utilized to account for employee use of
accumulated snow days.
bb. Vacation taken by District administrators during the last month of
the school year (June) is entered into the system as VPS (vacation
day prior year).
233. Although timekeepers are responsible for inputting leave into the District's PeopleSoft
System, employees utilizing leave are individually responsible for tracking his/her
individual leave balances and proper reporting of time used/to be used.
a. Employees are responsible for informing their respective timekeeper of their intent
to utilize leave.
1. Notice provided to the timekeeper may include in -person notification, email
notification, telephone notification, etc.
2. if notified, it is the timekeeper who has responsibility for correctly inputting
the leave into the District's PeopleSoft System.
a. With regard to travel records for Dr. Hamlet, Santucci informed
Commission staff that "the Superintendent's office was behind in entering
time for its employees when she took over the time keeper responsibilities
and in an effort to `catch up' she may have simply noted `travel' for days
when Hamlet was out of the district (supported by calendars or DBA3s)
instead of specific event names."
b. Available leave balances are documented on each employee's District paystub.
Employees may also inquire with his/her timekeeper at any time during the
school year to obtain information regarding the number of leave days he/she
has used and/or the remaining balance for the applicable school year.
C. Salaried employees must use leave in either one-half or full day increments.
Hamlet, 19-018
Page 88
234. Three separate District employees have served as the timekeeper for the Superintendent's
Office during Dr. Hamlet's tenure.
a. Superintendent's Executive Secretary Janet McMullen was responsible for
timekeeping duties for Superintendent's Office personnel from at least July 2016
until approximately July 2017.
b. Superintendent's Executive Secretary Jocelyn Santucci was responsible for
timekeeping duties for Superintendent's Office personnel from approximately July
2017 to October 2017.
C. Superintendent's Executive Secretary Keren DeCarlo has been responsible for
timekeeping duties for Superintendent's Office personnel ftom approximately
October 2017 to the present.
235. Individuals serving in the timekeeper role for the Superintendent's Office routinely
became/become aware of Dr. Hamlet's planned absences from the District via verbal
communication with Dr. Hamlet, during meetings with Fearbiy-Jones regarding Dr.
HamIet's schedule, email from Dr. Hamlet, completion of DBA3 travel forms for Dr.
Hamlet, and/or review of Dr. Hamlet's Outlook calendar.
a. Dr. Hamlet's Executive Secretaries maintain work locations in the immediate
vicinity of Dr. Hamlet's office.
b. Dr. Hamlet's Executive Secretaries have direct access to Dr. Hamlet's Outlook
calendar.
1. The information on Dr. Hamlet's Outlook calendar is typically entered by
one of his assistants or Fearbry-Jones.
C. If notified, as the timekeeper, Dr. Hamlet's Executive Secretaries are responsible
for accurately inputting his leave into the District's PeopleSoft System.
I . However, the ultimate responsibility for the accurate usage of Dr. Hamlet's
time rests with Dr. Hamlet.
236. Once notified, the timekeeper should enter the appropriate absence code into the
PeopleSoft system to account for Dr. Hamlet's absence from the District.
a. Dr. Hamlet is permitted to take his allotted number of vacation and/or personal days
at his discretion after providing notice to the Board.
1. Dr. Hamlet is not required to obtain specific approval from the Board or
Board President to use his allotted vacation and/or personal days and no
DBA3 is required for these days.
b. Although he does not input the leave data into the District's PeopleSoft system, Dr.
Hamlet is responsible to ensure that his vacation and/or personal days utilized are
properly reported and recorded into the District's PeopleSoft system.
C. Per District policy, leave may be entered before the actual leave date or
retroactively after the leave has been taken.
Hamlet, 19-018
Page 89
237. During the 2016 -- 2017 school year, Dr. Hamlet utilized a total of eleven days of leave
(nine vacation and two personal) from his total allotment of twenty-seven days of leave
(twenty-five vacation and two personal) to account for personal absences from the District.
a. Dr. Hamlet is recorded as having utilized allotted leave to account for his absences
from the District during the 2016 — 2017 school year as follows:
Date Quantity in Units Leave Code Description
Wednesday, August 10, 2016 1.0 VAS Vacation Day
Thursday, August 11, 2016 1.0 VAS Vacation Day
Friday, August 12, 2016 1.0 VAS Vacation Day
Monday, August 15, 2016 1.0 VAS Vacation Day
Tuesday, August 16, 2016 1.0 VAS Vacation Day
Friday, September 2, 2016 1.0 VAS Vacation Day
Tuesday, December 27, 2016 1.0 VAS Vacation Day
Wednesday, December 28, 2016 1.0 VAS Vacation Day
Thursday, December 29, 2016 1.0 VAS Vacation Day
Monday, February 13, 2017 1.0 PLS Personal Day
Tuesday, February 14, 2017 1.0 PLS Personal Day
Total 11.0
238, Dr. Hamlet was absent from the District during the 2016 — 2017 school year for personal
reasons for a minimum of five additional days for which records do not show recording of
leave of any type to account for his absence from. the District as shown below:
Date Dr. Hamlet's Location Purchases / Card # Leave Used DBA3 DistrictAdmin swipe
Per`1'ransactions* Time III Time Out
Monday, Florida Bank of America Teller Wi€hdrawak x7756 None No No Record Available
May 15, 2017 Burlingame, CA Hyatt Hotels: x7756
Burlingame, CA Hyatt Hotels: x5006
San Francisco, CA Macy's: x5006
San Francisco, CA M.Y. China San Francisco: x5006
Tuesday, Burlingame, CA Hyatt Hotels SF: x5178 None No No Record Available
May 16, 2017 San Francisco, CA Bank of America ATM Deposit (2): x7756 (--10:00a)
San Francisco, CA United Airlines: x5006
Hamlet, 19-018
Page 90
Date Dr. Hamlet's Location Purchases I Card #
Per Transactions*
Wednesday, Lake Worth, FL Burger King: x5006
June 14, 2017 Lake Worth, FL Dave's Last Resort and Raw Bar: x5006
West Palm Beach, FL Anushka Spa and Salon: x5006
West Palm Beach, FL PDQ: x5006
Boynton Beach, FL Boynton Beach Endocrinology: x5006
Palm Beach, FL Tideline Ocean Resort Restaurant (2): x5006
Leave Used DBA3 District Admin Swi e
Time In Time Out
None
Thursday, Florida Bank of America Teller Withdrawal: x7756 (— 1:05p) None
June 15, 2017 West Palm Beach, FL The Vitamin Shoppe: x5006
Loxahatchee, FL Weady's: x5006
Royal Palm Beach, FL Peenie Wallies Fish and Jerk: x5006
Friday, Boynton Beach, FL
June 16, 2017 West Palm Beach, FL
West Palm Beach, FL
West Palm Beach, FL
West Palm Beach, FL
Royal Palm Beach, FL
Royal Palm Beach, FL
Wellington, FL
Florida
Siperstein Dermatology: x5006
BJ's Restaurant: x5006
Century Corner M: x7756
Sickle Cell Foundation PBC: x5006
Forum Liquors: x5006
Winn Dixie: x5006
Bank of America ATM Deposit (2): x7756 (' ] 0:33a)
PDQ Wellington: x5006
Bank of America Teller Withdrawal: x7756 (-3:50p)
None
No No Record Available
No No Record Available
No No Record Available
a. Dr. Hamlet was present in San Francisco, California, on May 15, 2017, and May
16, 2017, in association with an ESC event in which he was invited to serve as a
panelist.
1. May 15, 2017, and May 16, 2017, were regularly scheduled District
workdays for Dr. Hamlet,
2. Dr. Hamlet's absence from the District was documented by absence code
AAS signifying an approved absence for District -related purposes. This
code would have been entered by the timekeeper, not Dr. Hamlet
personally.
Hamlet, 19-018
Page 91
aa. Records indicate that no DBA3 was on file for Dr. Hamlet at the
District approving Dr. Hamlet's travel and absence from the District
on May 15, 2017, and May 16, 2017.
bb. Records do not indicate that Dr. Hamlet received approval from the
Board President to attend the event.
CC. Dr. Hamlet's service on the ESC panel was not related to any
District purpose.
3. Dr. Hamlet received an honorarium from ESC in the amount of $500.00 for
attending the event while receiving his normal salary from the District for
May 15, 2017, and May 16, 2017.
4. Dr. Hamlet received his full salary for the periods of May 1" -15"', 2017,
and May 16" — 31", 2017, via direct deposit into Dr. Hamlet's personal
account at Bank of America on May 15, 2017, and May 31, 2017, referenced
by District check numbers 02048871 and 02050150.
5. These days were noted on Dr. Hamlet's calendar in a manner that could
indicate they were intended to be leave days.
aa. Specifically, Dr. Hamlet's calendar identified "New Schools Ignite
Summit San Francisco."
bb. If on leave, Dr. Hamlet would not have needed a DBA3 or Board
approval for this travel.
CC. Ultimately, Dr. Hamlet is responsible for ensuring the proper
application of his leave requests.
b. Dr. Hamlet was present in various locations in Florida from June 14, 2017, to June
18, 2017, at a minimum in association with an invitation from the Sickle Cell
Foundation of Palm Beach County & Treasure Coast, Inc., regarding its "A Father's
[sic] Heart Conference/Men of Distinction Awards & Recognition Banquet" held
from June 14, 2017, into June 16, 2017, in Riviera Beach, Florida.
1. Dr. Hamlet served as a panelist regarding discussion centered on, "The
Impact of Father's in Children's Educational Outcomes" scheduled from
9:00 a.m. — 10:00 a.m. on June 15, 2017.
aa. Dr. Hamlet was selected as a panelist because he was a Palm Beach
County native who ascended through the school system and was
appointed as a superintendent of a major metropolitan school
district.
i. Dr. Hamlet was encouraged to remain and participate in
additional panel discussions on June 16, 2017.
bb. Dr. Hamlet was also an award recipient at the Men of Distinction
Awards and Recognition Banquet which followed the Conference
on June 16, 2017.
Hamlet, 19-01.8
Page 92
2. June 14, 2017, through June 16, 2017, were regularly scheduled District
workdays for Dr. Hamlet.
aa. Dr. Hamlet had a medical appointment on June 14 that would have
made him eligible to use sick leave on this day.
bb. Dr. Hamlet had a medical appointment on June 16 that would have
made him eligible to use sick leave on this day.
3. Dr. Hamlet's absence from the District on June 14 through June 16, 2017,
was documented by absence code AAS signifying an approved absence for
District -related purposes. This code would have been entered by the
timekeeper, not Dr. Hamlet personally.
aa. Records indicate that no DBA3 was on file for Dr. Hamlet at the
District approving Dr. Hamlet's travel and absence from the District
from June 14, 2017, through June 16, 2017.
bb. Records indicate that Dr. Hamlet did not receive approval from the
Board President to attend the event.
CC. Dr. Hamlet's service on the panel at the Sickle Cell Foundation's
awards and recognition banquet was not directly related to any
District purpose.
4. These days were noted on Dr. Hamlet's calendar in a manner that could
indicate they were intended to be leave days.
aa. If on leave, Dr. Hamlet would not have needed a DBA3 or Board
approval for this travel.
bb. Ultimately, Dr. Hamlet is responsible for ensuring the proper
application of his leave requests.
5. Dr. Hamlet received his full salary for the periods of June 1" -15", 2017,
and June 16th — 30"', 2017, via direct deposit into Dr. Hamlet's personal
account at Bank of America on June 15, 2017, and June 30, 2017, referenced
by District check numbers 02061183 and 02063034.
239. Dr. Hamlet received wages totaling approximately $4,038.45 from the District as part of
his regular salary which included payment for five days when Dr. Hamlet was out of the
District on personal business without use of leave of any type to account for his absence as
follows:
Date
Half day (0.5) /.Full day (1.0)
Daily rate
05/15/17
1.0
$807.69
05/16/17
1.0
$807.69
06/14/17
1.0
$807.69
06/15/17
1.0
$807.69
06/16/17
1.0
$807.69
Total
5.0
$4,038.45
Hamlet, 19-018
Page 93
a. Dr. Hamlet's daily pay rate per his contract was $807.69 during the 2016 -- 2017
school year ($210,000.00 annual salary _ 260 workdays per contract = $807,69
daily).
b. Dr. Hamlet could have but did not take sick leave for two of these days, which
would have entitled him to receive his full salary on these days (a total of
$1,615.38).
240. On June 7, 2017, Dr. Hamlet received email communication from Lynne Casselberry
("Casselberry"), District Director of Compensation, with the subject of "Vacation Pay
Out."
a. Casselbeny documented Dr. Hamlet's use of nine vacation days during the 2016 -W--
2017 school year and his balance of sixteen vacation days remaining.
b. Casselberry identified Dr. Hamlet's daily rate as $933.33 for the 2016 — 2017
school year and the gross amount to be paid to Dr. Hamlet as $14,933.28.
1. Dr. Hamlet's daily payout rate per his contract was actually $807.69
($210,000.00 annual salary -- 260 workdays per contract = $807.69 daily).
aa. It appears that the District's Human Resources Department was
incorrectly capturing Dr. Hamlet's workdays at 225 annually (250
per year — 25 vacation days) at that time.
bb. The error in calculation possibly resulted in excess payment to Dr.
Hamlet in the amount of $2,010.24.
C. Casselberry informed Dr. Hamlet that his vacation payout for unused vacation days
for the 2016 ---- 2017 school year would be included with his July 14, 2017, salary
payment.
241. Dr. Hamlet received a direct deposit of funds from the District into his personal account at
Bank of America on July 14, 2017, in the net amount of $13,053.66.
a. District payroll records document Dr. Hamlet's receipt of $23,683.28 in gross
wages under District check number 02064433.
1. The gross amount accounted for Dr. Hamlet's gross semi-monthly salary of
$8,750.00 and Dr. Hamlet's gross vacation payout of $14,933.28.
242. Dr. Hamlet's direct deposit of funds for his 2016 — 2017 school year vacation payout
included payment in the amount of $4,038.45 for payout of 16.0 vacation days when Dr.
Hamlet had only 11.0 vacation days available for payout, although this number would
increase to 13 if he had taken the sick days on June 14 and 16 that he was eligible to take,
resulting in an amount of $2,423.07. Dr. Hamlet has agreed to reimburse this amount via
the forfeiture of additional vacation days.
a. Dr. Hamlet claimed use of eleven vacation/personal days during the 2016 — 2017
school year.
Hamlet, 19-018
Page 94
b. Dr. Hamlet was absent from the District for an additional five days during the 2016-
2017 school year on personal business for which no leave was recorded.
C. On two of those five days, Dr. Hamlet was eligible to take sick leave but did not do
so.
243. During the 2017 — 2018 school year, Dr. Hamlet utilized a total of five days of leave
(vacation days) from his total allotment of twenty-seven days of leave (twenty-five
vacation and two personal) to account for personal absences from the District.
a. Dr. Hamlet is recorded as having utilized allotted leave to account for his absences
from the District during the 2017 ---- 2018 school year as follows:
Date
Quantity in Units
Leave Code
Description
Monday, July 10, 2017
1.0
VAS
Vacation
Tuesday, July 11, 2017
1.0
VAS
Vacation
Wednesday, June 27, 2018
1.0
VPS
Vacation Prior Year
Thursday, June 28, 2018
1.0
VPS
Vacation Prior Year
Friday, June 29, 2018 1.0 VPS Vacation Prior Year
1. Dr. Hamlet's vacation days for July 10, 2017, and July 11, 2017, were not
entered into the system by District personnel until August 22, 2019.
aa. Dr. Hamlet's days were entered as a result of Dr. Hamlet informing
District personnel that he had expressed in 2017 a desire to utilize
vacation days to account for his District absence on July 10, 2017,
and July 11, 2017, and wanted to ensure they were recorded.
i. Dr. Hamlet was present at the ERDI Summer I Institute in
Baltimore, Maryland, over the dates of July 9, 2017, to July
11, 2017.
ii. July 10, 2017, and July 11, 2017, were regularly scheduled
District workdays for Dr. Hamlet.
iii. Vacation days were entered for Dr. Hamlet into the District
PeopleSoft System for July 10, 2017, and July 11, 2017,
approximately one week after Dr. Hamlet's receipt of his
original Notice of Investigation letter on August 15, 2019.
244. Dr. Hamlet was absent from the District during the 2017 --- 2018 school year on personal
business for five additional days for which District records fail to document leave of any
type to account for his absence from the District as shown below:
Date Dr. Hamlet's Location Purchases / Card #
Per Transactions*
Leave Used DBA3 District Admin $wine
Time In Time Out
Hamlet, 19-018
Page 95
Date Dr. Hamlet's Location
Purchases 1 Card # Leave Used DBA3 District Admin Swine
Per Transactions*
Time 1n Time Out
Wednesday, Boynton Beach, FL
The Vitamin Shoppe: x7756 None No No Record Available
Duffy's Sports Bar & Grill: x7756
Dec 27, 2017 Boynton Beach, FL
Siperstein Dermatology Group: x7756
Anuska Spa and Salon; x7756
Boynton Beach, FL
WPB Parking Meters: x7756
West Palm Beach, FL
D. Laudati Master Hair: x7756
West Palm Beach, FL
Holiday Inn Palm Beach: x5006
West Palm Beach, FL
Bank of America ATM Deposit (2): x7756
West Palm Beach, FL
McDonalds: x7756
West Palm Beach, FL
Lantana, FL
Thursday, West Palm Beach, FL
Mr. Mack Catering: x5006 None No No Record Available
Dec 28, 2017 Palm Beach Gardens, FL
Spotos Oyster Bar: x5006
Palm Beach Gardens, FL
Bloomingdales Palm Beach: x5006
Palm Beach Gardens, Fl
Nordstrom: x5606
Delray Beach, FL
Chevron: x7756
Delray Beach, FL
Racks Fish House & Oyster Bar: x5006
Delray Beach, FL
ASTA Parking: x5006
Wellington, FL
Keke's Breakfast Cafe: x5006
Wellington, FL
Eyes of Wellington: x5006
Florida
Bank of America Teller Withdrawal; x7756 (2:1Op)
Thursday, Salt Lake City, UT French Meadow (2): x7756 None No None None
Mar 15.2018
Friday, Salt Lake City, UT Spitz Home of the Doner Kebob: x7756 None No None None
Mar 16, 2018
Wednesday, Coral Gables, FL Casolas Pizzeria: x7756 None No None None
City of Coral Gables: x7756
Mar 28, 2018 Coral Gables, FL Aisa Bay: x7756
Ft. Lauderdale, FL House Kitchen & Bar: x7756
Miami, FL Bank of America Teller Withdrawal: x7756 (-1:35p)
Florida
Hamlet, 19-018
Page 96
a. Dr. Hamlet was present in various locations in Florida on December 27, 2017, and
December 28, 2017, in association with travel to Florida over Christmas.
1. December 27, 2017, and December 28, 2017, were regularly scheduled
District workdays for Dr. Hamlet.
2. Based on District records, Dr. Hamlet's absence from the District was not
documented by any absence code excusing him from the District.
aa. Records do not indicate that Dr. Hamlet used vacation or personal
days to account for his District absences on December 27, 2017,
and/or December 28, 2017.
bb. Records indicate that no DBA3 was on file for Dr. Hamlet at the
District approving Dr. Hamlet's travel and absence from the District
on December 27, 2017, and December 28, 2017.
CC. Dr. Hamlet's presence in Florida on December 27, 2017, and/or
December 28, 2017, was not related to any District business.
dd. Dr. Hamlet had a medical appointment on December 27, 2017 which
would have entitled him to use a sick day on that date. He could have
but did not use sick leave.
3. Dr. Hamlet received his full salary for the period of December 15th - 31 St,
2017, via direct deposit into Dr. Hamlet's personal account at Bank of
America on December 28, 2017, referenced by District check number
02105439.
b. Dr. Hamlet was present in Salt Lake City, Utah, on March 15, 2018, and March 16,
2018, at a minimum.
1. March 15, 2018, and March 16, 2018, were regularly scheduled District
workdays for Dr. Hamlet.
2. Based on District records, Dr. Hamlet's absence from the District was not
documented by any absence code excusing him from the District.
aa. Based on District records, Dr. Hamlet did not use vacation or
personal days to account for his District absences on March 15,
2018, and March 16, 2018.
bb. Based on District records, no DBA3 was on file for Dr. Hamlet at
the District approving Dr. Hamlet's travel and absence from the
District on March 15, 2018, and March 16, 2018.
CC. Dr. Hamlet's presence in Utah on March 15, 2018, and March 16,
2018 was not related to any District business.
3. Dr. Hamlet received his full salary for the period of March 15th ---- 31 ", 2018,
via direct deposit into Dr. Hamlet's personal account at Bank of America
Hamlet, 19-018
Page 97
on March 29, 2018, referenced by District check number 02132789 and on
April 15, 2018, referenced by District check number 02137430.
C. Dr. Hamlet was present in various locations in Florida from March 27, 2018, to
April 1, 2018, at a minimum in association with an invitation from the University
of Miami Black Alumni Society to attend its Woodson Williams Marshall
Association Scholarship Awards Reception held on March 28, 2018.
1. Dr. Hamlet served as the keynote speaker for the March 28, 2018, reception.
aa. Dr. Hamlet was selected to serve as the keynote speaker due to Dr.
Hamlet's status as a prominent African American alumnus of the
University of Miami and three -time University of Miami football
national champion.
2. March 28, 2018, was a regularly scheduled District workday for Dr. Hamlet.
3. Based on District records, Dr. Hamlet's absence from the District was not
documented by any absence code excusing him from the District.
aa. Based on District records, Dr. Hamlet did not use a vacation or
personal day to account for his District absence on March 28, 2018.
bb. Based on District records, no DBA3 was on file for Dr. Hamlet at
the District approving Dr. Hamlet's travel and absence from the
District on March 28, 2018.
CC. Dr. Hamlet's service as the keynote speaker at the reception was not
directly related to any District purpose.
4. This day was noted on Dr. Hamlet's calendar in a manner that would
indicate it was intended to be a leave day.
aa. If on leave, Dr. Hamlet would not have needed a DBA3 or Board
approval for this travel.
hb. Ultimately, Dr. Hamlet is responsible for ensuring the proper
application of his leave requests.
5. Dr. Hamlet received his full salary for the period of March 151h -- 31 S', 2018,
via direct deposit into Dr. HamIet's personal account at Bank of America
on March 29, 2018, referenced by District check number 02132789 and on
April 15, 2018, referenced by District check number 02137430.
245, Dr. Hamlet received wages totaling approximately $4,111.14 from the District as part of
his regular salary which included payment for five days when records reflect that Dr.
Hamlet was out of the District on personal business without use of leave of any type to
account for his absence as follows:
Date Half day (0.5) / Full day (1.0) Daily rate
12/27/2017 1.0 $807.69
12/28/2017 1.0 $807.69
Harriet, 19-018
Page 98
Date Half day (0.5) / Full day (1.0) Daily rate
03/15/2018 1.0 $831.92
03/16/2018 1.0 $831.92
03/28/2018 1.0 $831.92
Total $4,111.14
a. Dr. Hamlet's daily pay rate per his contract was $807.69 from July 1, 2017 through
December 31, 2017 ($210,000.00 annual salary - 206 workdays per contract =
$807.69).
b. Dr. Hamlet's daily pay rate per his contract was $831.92 from January 1, 2018,
through June 30, 2018 ($216,300.00 annual salary � 206 workdays per contract =
$831.92).
C. The number of days would decrease to 4 if he had taken the sick day on December
27 that he was eligible to take, resulting in an amount of $3,303.45. Dr. Hamlet
has agreed to reimburse this amount via the forfeiture of additional vacation days.
246. On June 22, 2018, a memo was issued under Dr. Hamlet's signature with the subject of
"Carry Over Authorization," in which Dr. Hamlet authorized the carryover of unused
vacation days from the 2017 -- 2018 school year to the 2018 ---- 2019 school year for himself
and nine additional District staff members, which he understood to be consistent with past
practice at the District from previous administrations, even though his contract did not
provide for such for himself as to vacation days but was silent as to snow days.
a. Dr. Hamlet detailed in the memo having a balance of 21 unused vacation days at
that time.
I. Dr. Hamlet's actual available balance of vacation/personal days projected
for the conclusion of the 2017-2018 school year was 22 days.
aa. The 22-day figure accounts for Dr. Hamlet's use of vacation days
for July 101h & July I 1 th , 2017, as well as June 27`h - June 291h, 2018.
2. Dr. Hamlet specified that he was to be issued payment for 20 of the days
with one to be carried over to the 2018-2019 school year.
b. Dr. Hamlet's signature is present on the memo in the "Approved" section.
247. Section X — Benefits — of Dr. Hamlet's contract specifically prohibits Dr. Hamlet from
carrying over any vacation days from one school year to the next which are neither used
nor sold back to the District by the end of the applicable school year. The contract is silent
as to treatment of snow days.
a. Dr. Hamlet did not request or otherwise receive Board approval for his carry over
of any unused or unsold vacations days from the 2017 — 2018 school year to the
2018 — 2019 school year.
b. Dr. Hamlet realized the availability of an additional vacation day for the 2018 —
2019 school year as a result of approving his own carry over of one vacation day
from the 2017 — 2018 to the 2018 — 2019 school year.
Hamlet, 19-018
Page 99
1. Dr. Hamlet advised the Commission that he believed that this carry over
day related to a snow day.
aa. The District had snow days in the 2017-2018 academic year on
January 5, February 7, and Mach 21, 2018, that Dr. Hamlet's leave
records show that he used.
248. On July 6, 2018, Dr. Hamlet received email communication from Casselberry with the
subject of "Vacation Pay Out."
a. Casselberry documented that Dr. Hamlet was to receive payment for a total of
twenty vacation days from the 2017 — 2018 school year.
1. The number of days for which Dr. Hamlet was to be paid matched that
directed by Dr. Hamlet for payout in his June 22, 2018, memo.
b. Casselberry identified Dr. Hamlet's daily rate as $961,33 for the 2017 — 2018
school year and the gross amount to be paid to Dr. Hamlet as $19,226.60.
1. It appears that Dr. Hamlet's daily payout rate per his contract was actually
$807.69 ($210,000.00 annual salary - 260 workdays per contract = $807.69
daily) through December 31, 2017 and $831.92 ($216,300.00 annual salary
260 workdays per contract = $831.92 daily) after January 1, 2018.
aa. It appears that the District's Human Resources Department may
have been incorrectly capturing Dr. Hamlet's workdays at 225
annually (250 per year — 25 vacation days) at that time.
bb. The error in calculation possibly resulted in excess payment to Dr.
Hamlet in the amount of $2,588.20.
C. Casselberry informed Dr. Hamlet that his vacation payout for the 2017 — 2018
school year would be included within his July 13, 2018, salary payment.
249. Dr. Hamlet received a direct deposit of funds from the District into his personal account at
Bank of America on July 13, 2018, in the total net amount of $15,859.78.
a. District payroll records document Dr. Hamlet's receipt of $28,239.10 in gross
wages under District check number 02164951,
1. The gross amount accounted for Dr. Hamlet's gross semi-monthly salary of
$9,012.50 and Dr. Hamlet's gross vacation payout of $19,226.60.
2. The gross amount calculated included payment to Dr. Hamlet for the July
9, 2017, and July 10, 2017, vacation days not documented at that time.
aa. Dr. Hamlet's payroll for the August 15, 2019, pay period was
docked $1,756.86 to account for Dr. Hamlet's receipt of payment
for two vacation days for the 2017 ---- 2018 school year which had
been used in July 2017.
250, Dr. Hamlet's direct deposit of funds for his 2017 ---- 2018 school year vacation payout
included payment in the amount of $2,495,76 for payout of 20.0 vacation days when Dr.
Hamlet, 19-018
Page100
Hamlet had only 17.0 vacation days available for payout, although this number would have
been 18 if he had taken the sick day he was eligible for on December 27, 2018.
a. Dr. Hamlet claimed use of 5.0 vacation days during the 2017 -- 2018 school year.
b. Dr. Hamlet was absent from the District for an additional 5,0 days during the 2017
— 2018 school year on personal business for which no leave was utilized.
c. Dr. Hamlet was eligible to use sick leave for one of these days (December 27,
2017), Dr. Hamlet has agreed to reimburse the amount related to the other 4 days
via the forfeiture of additional vacation days.
251. During the 2018 — 2019 school year, District records show that Dr. Hamlet utilized a total
of five days of leave (three vacation days and two personal days) from his total allotment
of twenty-seven days of leave (twenty-five vacation and two personal) to account for
personal absences from the District.
a. Records indicate that Dr. Hamlet utilized allotted leave to account for his absences
from the District during the 2018 — 2019 school year as follows:
Date
Quantity in Units
Leave Code
Description
Wednesday, December 26, 2018
1.0
VPS
Vacation Prior Year
Thursday, December 27, 2018
1.0
VAS
Vacation Day
Friday, December 28, 2018
1.0
VAS
Vacation Day
Monday, February 18, 2019
1.0
PLS
Personal Day
"Tuesday, February 19, 2019
1.0
PLS
Personal Day
Dr. Hamlet claimed use of one vacation day carried over from the prior
school year (2017 -- 2018) to account for his absence on December 26, 2018.
aa. Dr. Hamlet's employment contract with the District prohibited Dr.
Hamlet from carrying over any remaining vacation days from one
school year's allotment to the following school year. Although, the
contract is silent as to the carry-over of snow days.
If the December 26, 2018 was a carry-over vacation day and
not a snow day, Dr. Hamlet approved his own carry over and
ultimate use of one vacation day from the 2017 --W- 2018
school year to the 2018 --- 2019 school year in contravention
of the language in his contract.
bb. Dr. Hamlet had a medical appointment on December 26, 2018,
which would have entitled him to use a sick day on that date.
CC. Dr, Hamlet received his full salary for the period of December 15"',
2018, through December 31", 2018, via direct deposit into Dr.
Hamlet's personal account at Bank of America on December 28,
2018, referenced by District check number 02209466.
Hamlet, 19-019
Page 101
252. According to District records, Dr. Hamlet was absent from. the District during the 2018 —
2019 school year on personal business for seven additional days without submitting leave
of any type to account for his absence from the District as shown below:
Date Dr. Itamlet's Location
Purchases/ Card it
Per Transactions*
Wednesday, Pittsburgh, PA
Pittsburgh Farm Fresh: x7756
Nov 21, 2018 Pittsburgh, PA
McDonald's: x7756
Sewickley, PA
Strip Market: x7756
Ft. Lauderdale, FL
Sixt USA Ecom Automobile Ren€a: x5006
Boynton Beach, FL
Duffy's Sports Grill (2): x5006
Boynton Beach, FL
Siperstein Dermatology: x5006
Loxahatchee, FL
Wendy's: x5006
West Palm Beach, FL
Wawa Fuel/Convenience: x5006
Friday, Pittsburgh, PA
April 12, 2019 Miami, FL
Miami, FL
Miami, FL
Coral Gables, FL
Marathon Diner: 0002
Marshalls: 0002
Latin Cafe: 0002
Bank of America ATM Deposit: 7756 (—1 1:30a)
UM Pay By Phone OMS: 7002
Monday, Cuba None
Apr 15, 2019
Tuesday, Cuba None
Apr 16, 2019
Wednesday, Opa-Locka, FL Hangar 1 Catering: x7756
Apr 17, 2019 Opa-Locka, FL Hangar 1 Catering: 0002
Miami, FL MDC Transit SFRTA TVM: x4665
West Palm Beach, FI. Walgreens: x8836
West Palm Beach, FL BI's Restaurants: x8836
Leave Used DBA3 District Admin Swipe
Time In Time Out
None No None None
AAS - travel Yes None None
AAS - travel Yes None None
AAS - travel Yes None None
AAS - travel Yes None None
Hamlet, 19-018
Page 102
Date Dr. Hamlet's Location
Purchases / Card H Leave Used DBA3 District Admin Swine
Per Transactions*
Time In Time Out
West Palm Beach, FL
Twin Peaks West: x8836
Royal Palm Beach, FL
Duffy's Sports Grill: x8836
Thursday, Wellington, FL
Keke's Breakfast Cafe: 0002 AAS - travel Yes None None
Apr 18, 2019 West Palm Beach, FL
Holiday Inn Palm Beach: x7002
Monday New Orleans, LA American Airlines: 0002 Snow Day Yes None None
Apr 22, 2019 New Orleans, LA Fuddruckers: x7002
Bank of America ATM Deposit: x7756 (--9:05a)
a. Dr. Hamlet was present in various locations in Florida on November 21, 2018, in
association with travel to Florida for the Thanksgiving holiday.
1. November 21, 2018, was a regularly scheduled District workday for Dr.
Hamlet.
2. Records indicate that Dr. Hamlet's absence from the District was not
documented by any absence code excusing him from the District.
aa. Records indicate that Dr. Hamlet did not use a vacation or personal
day to account for his District absence on November 21, 2018.
bb. Records indicate that no DBA3 was on file for Dr. Hamlet at the
District approving Dr. Hamlet's travel and absence from the District
on November 21, 2018.
CC. Dr. Hamlet's presence in Florida on November 21, 2018, was not
related to any District business.
dd. Dr. Hamlet had a medical appointment on November 21, 2018
which would have entitled hire to use a sick day on that date.
3. Dr. Hamlet received his full salary for the period of November 16, 2018,
through November 20, 2018, via direct deposit into Dr. Hamlet's personal
account at Bank of America on November 30, 2018, referenced by District
check number 02200528.
b. Dr. Hamlet was present in various locations including Florida, Cuba, Louisiana,
and Pennsylvania at varying times between the dates of April 12, 2019 — April 23,
2019, in association with his participation in travel sponsored by The Flying
Classroon-/lrving over the dates of April 15th — 17th, 2019.
1. April 12, 2019; April 15 — 18, 2019; and April 22 — 23, 2019 were regularly
scheduled District workdays for Dr. Hamlet.
Harnlet, 19-018
Page 103
aa. April 19, 2019, was a regularly scheduled holiday for the District.
2. Dr. Hamlet's absence from the District over the regularly scheduled District
workdays spanning the dates of April 12, 2019, through April 22, 2019, was
documented by absence code AAS signifying an absence for District -
related purposes.
aa. A DBA3 Travel Request form was present at the District authorizing
Dr. Hamlet's travel and absence from the District from April 12,
2019, through April 18, 2019.
i. Dr. Hamlet's travel to Florida on April 12, 2019, was
personal in nature and unrelated to any District business.
aaa. Dr. Hamlet did not utilize a vacation or personal
day to account for his District absence on April 12,
2019.
bbb. Dr. Hamlet's absence on this day was documented
under code AAS.
ii. Dr. Hamlet's travel to Cuba from April 15t"--171h, 2019, was
related to a trip provided by The Flying Classroom/Irving to
Dr. Hamlet and additional District representatives.
aaa. Dr. Hamlet did not utilize any vacation or personal
days to account for his District absence from April
15" — 171", 2019.
bbb. Dr. Hamlet's absences on these days was
documented under code AAS.
iii. Dr. Hamlet's presence in Florida on April 18, 2019, was
personal in nature and not related to any District business.
aaa. Records indicate that Dr. Hamlet did not utilize a
vacation or personal day to account for his District
absence on April 18, 2019.
bbb. Dr. Hamlet's absence on this day was documented
under code AAS.
bb. Records indicate that Dr. Hamlet claimed use of an accumulated
snow day to account for his April 22, 2019 workday.
i. Records indicate that Dr. Hamlet had no snow days available
for use as of April 22, 2019, unless one was carried over
from a prior year (and the District had three snow days in
academic year 2017-2018).
Hamlet, 19-018
Page 104
ii. Dr. Hamlet's absence on this day was documented under
code AAS, which, among other reasons, is used for a snow
day.
iii. Dr. Hamlet used all three snow days from academic year
2017-2018 by March 30, 2019.
3. Dr. Hamlet received his full salary for the periods of April 1st, 2019 — April
15th, 2019, and April 16'h, 2019 -- April 30th, 2019, via direct deposit into
Dr. Hamlet's personal account at Bank of America on April 15, 2019, and
April 30, 2019, respectively referenced by District check numbers
02242511 and 02243762.
4. Although an approved DBA3 was on file, Dr. Hamlet submitted no DBA4
to the District for reimbursement of any expenses incurred from April 12,
2019-April 23, 2019 although allegedly in approved travel status on District
business.
253. Dr. Hamlet received wages totaling approximately $8,518.88 from the District as part of
his regular salary which included use of one carry-over vacation day from the 2018 — 2019
school year to which Dr. Hamlet was not entitled and nine additional days when Dr. Hamlet
was out of the District on personal business without use of leave of any type (with the
exception of April 22, 2019, which documents use of a snow day) to account for his absence
as follows;
Date
Half day (0.5) / Full day
(1.0) Daily rate
11 /21 /2018
1.0
$831.92
12/26/2018
1.0
$831.92
01/22/2019
1.0
$856.88
01/23/2019
1.0
$856.88
04/12/2019
1.0
$856.88
04/15/2019
1.0
$856,88
04/16/2019
1.0
$856.88
04/17/2019
1.0
$856.88
04/18/2019
1.0
$856.88
04/22/2019
1.0
$856.88
Total
10
$8,518.88
a. Dr. Hamlet's daily pay rate per his contract was $831.92 from July 1, 2018 through
December 31, 2018 ($216,300.00 annual salary � 206 workdays per contract
$831.92).
b. Dr. Hamlet's daily pay rate per his contract was $856.88 from January 1, 2019
through June 30, 2019 ($222,789.00 annual salary _ 206 workdays per contract =
$856.88).
C. Dr. Hamlet was eligible to use sick leave for November 21, 2018, and December
26, 2018. Dr. Hamlet has agreed to reimburse the amount related to the other days
via the forfeiture of additional vacation days.
Hamlet, 19-018
Page 105
254. On June 26, 2019, a memo was issued under Dr. Hamlet's signature with the subject of
"Carry Over Authorization," in which Dr. Hamlet authorized the carryover of unused
vacation days from the 2018 — 2019 school year to the 2019 — 2020 school year for himself
and eight additional District staff members, which he understood to be consistent with past
practice at the District, even though his contract did not provide for such for himself as to
vacation days but was silent as to snow days.
a. Dr. Hamlet detailed in the memo having a balance of twenty-three unused vacation
days at that time.
1. Dr. Hamlet specified that he was to be issued payment for twenty of the
days with three to be carried over to the 2019 — 2020 school year.
b. Dr. Hamlet's signature is present on the memo in the "Approved" section.
255. Section X -- Benefits — of Dr. Hamlet's contract specifically prohibits Dr. Hamlet from
carrying over any vacation days from one school year to the next which are not used or
sold back to the District by the end of the applicable school year. The contract is silent as
to carrying over snow days.
a. Dr. Hamlet did not request or otherwise receive Board approval for his carry over
of any unused or unsold vacations days from the 2018 — 2019 school year to the
2019 -- 2020 school year.
b. Dr. Hamlet realized the availability of three additional vacation days for the 2019
— 2020 school year as a result of approving his own carry over of three vacation
days from the 2018 — 2019 school year to the 2019 — 2020 school year.
1. Dr. Hamlet advised the Commission that he believed that these carry over
days related to snow days.
aa. The District had snow days in the 2018-2019 academic year on
January 30, January 31, and February 1, 2019.
256. From July 1, 2019, through July 5, 2019, Dr. Hamlet and Casselberry communicated via
email regarding the subject of "Unused Vacation Payout."
a. Casselberry documented that Dr. Hamlet would receive payment for a total of
twenty vacation days.
1. The number of days for which Dr. Hamlet was to be paid matched that
directed by Dr. Hamlet for payout in his June 26, 2019, memo.
b. Casselberry identified Dr. HamIet's daily rate at that time as $856.88.
1. Dr. Hamlet's daily rate was calculated by dividing Dr. Hamlet's annual
salary at that time by 260 workdays ($222,789.00 260 = $856.88).
C. During the exchange Casselberry informed Dr. Hamlet that payment for his unused
vacation days would be deposited into Dr. Hamlet's bank account on July 5, 2019.
Hamlet, 19-018
Page106
257. Dr. Hamlet received a direct deposit of funds from the District into his personal account at
Bank of America on July 5, 2019, in the total net amount of $10,354.74 in relation to his
vacation payout for the 2018 - 2019 school year.
a. District payroll records document Dr. Hamlet's receipt of $17,137.60 in gross
wages for his vacation payout under District check number 02267842.
258. Dr. Hamlet's direct deposit of funds for his 2018 — 2019 school year vacation payout
included payment in the amount of $5,998.16 for payout of 20.0 vacation days when Dr.
Hamlet had only 13.0 vacation days available for payout, although this number would have
been 16 if he had taken the sick days he was eligible for on November 21, and December
26, 2018, and if a snow day was properly carried over from the prior year.
a. Dr. Hamlet claimed use of 5.0 vacation days during the 2018 — 2019 school year
including use of one vacation day carried over from the 2017-2018 school year.
b. Dr. Hamlet was absent from the District for an additional 9.0 days during the 2018
— 2019 school year on personal business for which no leave was utilized.
C. Dr. Hamlet was eligible to use sick leave for November 21, 2018, and December
26, 2018. Dr. Hamlet has agreed to reimburse the amount related to the other days
via the forfeiture of additional vacation days, even though he contends that the use
of a snow day on April 22, 2019, was appropriate.
259. During the 2019 — 2020 school year, records indicate that Dr. Hamlet utilized a total of ten
and one-half days of leave (eight and one-half vacation and two personal) from his total
allotment of twenty-seven days of leave (twenty-five vacation and two personal) to account
for personal absences from the District.
a. Records indicate that Dr. Hamlet utilized allotted leave to account for his absences
from the District during the 2019 — 2020 school year as follows:
Date
Quantity in Units
Leave Code
Comments
Wednesday, July 3, 2019
1.0
VPS
Vacation Prior Year
Friday, July 5, 2019
1.0
VPS
Vacation Prior Year
Monday, July 22, 2019
1.0
VPS
Vacation Prior Year
Thursday, August 8, 2019
1.0
VAS
Vacation Day
Thursday, September 19, 2019
1.0
VAS
Vacation Day
Friday, September 20, 2019
1.0
VAS
Vacation Day
Tuesday, November 26, 2019
1.0
PLS
Personal Day
Wednesday, November 27, 2019
1.0
PLS
Personal Day
Wednesday, January 29, 2020
0.5
VAS
Vacation Day
Thursday, January 30, 2020
1.0
VAS
Vacation Day
Friday, January 31, 2020
1.0
VAS
Vacation Day
Hamlet, 19-018
Page 107
Date Quantity in Units Leave Code Comments
Total 10.5
1. Dr. Hamlet claimed use during the 2019 — 2020 school year of three
vacation days carried over from the prior school year (2018 — 2019).
aa. Dr. Hamlet's employment contract with the District prohibited Dr.
Hamlet from carrying over any remaining vacation days from one
school year's allotment to the following school year. Although, the
contract is silent as to the carry-over of snow days,
i. if the three carry over vacations day were not snow days
and/or if snow days cannot be carried over, Dr. Hamlet
approved his own carry over and ultimate use of three
vacation days from the 2018 -- 2019 school year to the 2019
— 2020 school year in violation of Dr. Hamlet's contract.
bb. Dr. Hamlet received his full salary for the periods of July I" — July
151h, 2019, and July 151h — July 31, 2019, via direct deposit into Dr.
Hamlet's personal account at Bank of America on July 15, 2019,
and July 3, 2019, referenced by District check numbers 02268572
and 02270329, respectively.
260. Section X — Benefits — of Dr. Hamlet's contract specifically prohibits Dr. Hamlet from
carrying over any vacation days from one school year to the next which are neither utilized
nor sold back to the District by the end of the applicable school year. The contract is silent
as to carrying over snow days.
a. Dr. Hamlet did not request or otherwise receive Board approval for his carry over
of any unused or unsold vacations days from the 2018 — 2019 school year to the
2019 — 2020 school year.
b. Dr. Hamlet realized the availability of three additional vacation days for the 2019
— 2020 school year as a result of approving his own carry over of three vacation
days from the 2018 — 2019 school year to the 2019 — 2020 school year.
1. Dr. Hamlet advised the Commission that he believed that these carry over
days related to snow days.
aa. The District had snow days in the 2018-2019 academic year on
January 30, January 31, and February 1, 2019.
261. Dr. Hamlet received wages totaling approximately $2,570.64 from the District as part of
his regular salary which included use of three carry-over vacation days from the 2018 —
2019 school year to the 2019 — 2020 school year to which Dr. Hamlet was not entitled, as
follows:
Date
Daily rate
Total
07/03/2019
$856.88
$856.88
07/05/2019
$856.88
$856.88
07/22/2019
$856.88
$856.88
Hamlet, 19-018
Page 108
Date Daily rate Total
Total $2,570.64
a. Dr. Hamlet's daily pay rate per his contract was $856.88 from July 1, 2019, through
December 31, 2019 ($222,789.00 annual salary : 206 workdays per contract =
$856.88).
b. Dr. Hamlet's daily pay rate per his contract was $882.58 as of January 1, 2020
($229,470.00 annual salary - 206 workdays per contract = $882,58).
C. Dr. Hamlet was eligible to use sick leave for July 22, 2019, as he had a medical
appointment that day. Dr. Hamlet has agreed to reimburse the amount related to the
other days via the forfeiture of additional vacation days, even though he contends
that the carry-over of snow days was appropriate.
262. On July 6, 2020, Casselberry transmitted an email message to DeCarlo requesting
DeCarlo's verification of Dr. Hamlet's unused vacation day balance of 19.5 days for the
2019 — 2020 school year as of June 30, 2020.
a. DeCarlo responded to Casselberry that same day affirming Dr. Hamlet's balance of
19.5 unused vacation days for the 2019 — 2020 school year as of June 30, 2020.
b. Dr. Hamlet's actual available balance of unused vacation days for the 2019 — 2020
school year was 16.5 as of June 30, 2020, although this number would have been
20.5 if he had taken the sick day he was eligible for on July 22, 2019, and if snow
days were properly carried over from the prior year.
I. Neither Casselberry's nor DeCarlo's figures included or otherwise
accounted for the three vacation days Dr. Hamlet carried over from the 2018
— 2019 school year and used in the 2019 - 2020 school year in possible
violation of Dr. Hamlet's contract.
263. Dr. Hamlet received a direct deposit of funds from the District into his personal account at
Bank of America on July 6, 2020, and July 8, 2020, in the net amounts of $5,112.76 and
$6,720.18, respectively in relation to his payout of unused vacation days for the 2019 —
2020 school year.
District payroll records document Dr. Hamlet's receipt of $17,210.31 in gross
wages under District check numbers 02368385 and 02368390, respectively for Dr.
Hamlet's unused vacation payout.
264. Dr. Hamlet's direct deposit of funds for his 2019 — 2020 school year vacation payout
included payment in the amount of $2,647.74 for payout of 19.5 vacation days when Dr.
Hamlet had only 16.5 vacation days available for payout, although this number would have
been 20.5 (although the most that can be paid out is 20 days) if he had taken the sick days
he was eligible for on July 22, 2019, and if snow days were properly carried over from the
prior year.
a. Dr. Hamlet claimed use of 10.50 vacation days during the 2019 ---- 2020 school year.
Hamlet, 19-018
Page 109
b. Three of the 10.5 vacation days claimed and utilized by Dr. Hamlet during the 2019
- 2020 school year were carried over from the 2018 -- 2019 school year in violation
of Dr. Hamlet's contract, unless these days were snow days and snow days are
eligible to be carried over. Dr. Hamlet was eligible to use sick leave for July 22,
2019, as he had a medical appointment that day. Dr. Hamlet has agreed to reimburse
the amount related to the other days via the forfeiture of additional vacation days,
even though he contends that the carry-over of snow days was appropriate.
265. District employees may utilize allotted/accumulated sick time to account for absences from
the District on regular District workdays and receive fall salary/wage for those days in the
following instances:
a. Illnesses, injuries/accidents, and/or medical appointments regarding themselves
and/or family members, including travel associated with medical appointments.
b. Mandates regarding the use of sick days are set forth in Section 300, Sub -Section
317, Sub -Sub -Section 317.2, Administrative Regulation 317.2-AR-1 of 1.
266. District employees are not permitted to utilize allotted and/or accumulated sick days as
substitutions for the use of vacation or personal days.
a. Administrative Regulation 317.2-AR-1 of 1, requires that all absences resulting
from use of sick days be certified by the employee.
267. Over the time period of July 1, 2016, through October 1, 2019, Dr. Hamlet claimed and
utilized a total of ten sick days to account for his absence from the District during regularly
scheduled workdays as detailed below:
School Year
2016 - 2017
Deceinber 22, 2016
2017 - 2018
August 18, 2017
April 13, 2018
June 6, 2018
June 7, 2018
2018-2019
March 20, 2019
June 14, 2019
June 28, 2019
2019 - 2020
October 17, 2019
October 18, 2019
268. Of the ten sick days utilized by Dr. Hamlet between the dates of July 1, 2016, through
October 18, 2019, Dr. Hamlet had a documented physician's appointment or travel
associated with medical appointments on five days.
a. Dr. Hamlet had a physician's appointment and/or travel associated with medical
appointments on December 22, 2016, June 6, 2018, June 7, 2018, October 17, 2019
and October 18, 2019.
b. All physician's appointments were for locations in Florida.
269. Records indicate that Dr. Hamlet utilized sick days to account for his absences from the
District on five occasions during regularly scheduled District workdays when Dr. Hamlet
was actually travelling for personal business as detailed below:
Hamlet, 19-018
Page110
a. Records indicate that Dr. Hamlet used a sick day to account for his District absence
while traveling to Florida for personal business on Friday, August 18, 2017.
I. Based on records, Dr. Hamlet purchased a round-trip airline ticket on
August 17, 2017, via his personal American Express credit card for his
August 18, 2017, travel to Florida.
aa. Dr. Hamlet would not have personally inputted use of a sick day into
the District's PeopleSoft system.
b. Records indicate that Dr. Hamlet used a sick day to account for his District absence
while traveling to Nevada for personal business on Friday, April 13, 2018.
1. Based on records, Dr. Hamlet purchased an airline ticket on April 12, 2018,
via his personal Capital One credit card regarding his travel to Nevada on
April 13, 2018.
aa. Dr. Hamlet would not have personally inputted use of a sick day into
the District's PeopleSoft system.
C. Records indicate that Dr. Hamlet used a sick day to account for his District absence
while in California on March 20, 2019, for personal business.
I . Based on records, Dr. Hamlet purchased a round-trip airline ticket on March
16, 2019, via his personal American Express credit card for his March 19,
2019, travel to California.
aa. Dr. Hamlet would not have personally inputted use of a sick day
into the District's PeopleSoft system.
d. Records indicate that Dr. Hamlet used a sick day to account for his District absence
while in Nevada on June 14, 2019, for personal business.
1. Based on records, Dr. Hamlet purchased a round-trip airline ticket on June
7, 2019, via his personal American Express credit card for his June 13, 2019,
travel to Nevada.
aa. Dr. Hamlet would not have personally inputted use of a sick day into
the District's PeopleSoft system.
e. Records indicate that Dr. Hamlet utilized a sick day to account for his District
absence on Friday, June 28, 2019. Dr. Hamlet travelled to Washington, D.C., for
personal business later that day.
1. Dr. Hamlet would not have personally inputted use of a sick day into the
District's PeopleSoft system.
2. Dr. Hamlet would testify that he was ill on the morning of August 18. 2017,
and, therefore, took a sick day. He traveled to Washington, D.C. later in the
day.
Date Dr. Hamlet's Vocation Purchases / Card #
Per Transactions
Hamlet, 19-018
Page III
Friday, Washington, DC Watergate Kingbird Ba (2)r: x7002
June 28, 2019 Washington, DC Watergate Top of Gate (3): 0002
Pittsburgh, PA Walgreens (2): 0002
Pittsburgh, PA McDonalds: 0002
Pittsburgh, PA Bank of America ATM Withdrawal: x7756 (-11:11 a)
270. Dr. Hamlet's use of sick days rather than vacation days for personal travel on regular
District workdays enabled Dr. Hamlet to maintain a larger balance of vacation days
available for payout at the end of the 2017-2018 and 2018-2019 school years.
a. Dr. Hamlet's use of sick days on August 18, 2017, and April 13, 2018, as vacation
days enabled Dr. Hamlet to sell additional vacation days back to the District at the
conclusion of the 2017-2018 school year.
1. Dr. Hamlet's wage in August 2017 was $807.69 per day.
2. Dr. Hamlet's wage in April 2018 was $831.92 per day.
3. Dr. Hamlet received extra compensation in his 2017-2018 school year
vacation/personal day payout as a result of claiming August 18, 2017, and
April 13, 2018, as sick days instead of vacation/personal days. To remedy
this issue, Dr. Hamlet has agreed to forfeit additional vacation days.
b. Dr. Hamlet's use of sick days on March 20, 2019, June 14, 2019, and June 28, 2019,
as vacation days enabled Dr. Hamlet to sell additional vacation days back to the
District at the conclusion of the 2018-2019 school year.
1. Dr. Hamlet's wage in March and June 2019 was $856.88 per day.
2. Dr. Hamlet received extra compensation in his 2018-2019 school year
vacation/personal day payout as a result of claiming the above days as sick
days instead of vacation/personal days. To remedy this issue, Dr. Hamlet
has agreed to forfeit additional vacation days.
C. Dr. Hamlet received additional payments equating to five days in vacation payouts
spanning the 2016-2017 through 2018-2019 school years when he utilized sick days
rather than vacation days while on personal business. To remedy this issue, Dr.
Hamlet has agreed to forfeit additional vacation days.
271. Statement of Financial Interests ("SFI") filing requirements for public officials and public
employees are mandated by Section 1104 of the Ethics Act.
a. Section I I04(a) reads, in part, the following:
"...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."
272. Dr. Hamlet was required to file SFIs by May I" annually in his position as the
Superintendent of the District.
Hamlet, 19-018
Page 112
a. Dr. Hamlet was required to file SFIs for calendar years 2016 2018 by May I" for
filing years 2017 --- 2019.
b. Dr. Hamlet was required to file an SFI for calendar year 2019 by May 1, 2020.
273. The District (and or the District Legal Department) did not provide any training to Dr.
Hamlet or his staff on Pennsylvania ethics laws, including training about SFI forms or how
to complete them.
a. The Ethics Commission provides such trainings and has related material available
on its website.
274. Information to be disclosed on SFIs filed by public officials and public employees is
specified in Section 1105 of the Ethics Act.
a. Section 1105(a) requires, in part, that all information requested on the statement
shall be provided to the best knowledge, information, and belief of the person
required to file and shall be signed under oath or equivalent affirmation.
b. Section 1105(b), Subsections 1-10 identify specific information to be disclosed, as
well as exceptions to, disclosure requirements when applicable.
1. Section 1105(b)(4) directs disclosure of the following on SFIs filed:
"The name and address of each creditor to whom is owed in excess of
$6,500.00 and the interest rate thereon."
2. Section 1105(b)(5) mandates disclosure of the following on SFIs fled:
"The name and address of any direct or indirect source of
income totaling in the aggregate $1,300 or more."
3. Section 1105(b)(7) mandates the disclosure of the following on SFIs filed:
"The name and address of the source and the amount of any
payment for or reimbursement of actual expenses for
transportation and lodging or hospitality received in
connection with public office or employment where such
actual expenses for transportation and lodging or hospitality
exceed $650 in an aggregate amount per year."
4. Section 1105(b)(9) mandates the disclosure of the following on SFIs filed:
"Any financial interest in any legal entity engaged in
business for profit."
275. Between the dates of July 9, 2019, and August 28, 2019, an SFI compliance review was
conducted for the District.
a. Dr. Hamlet had original SFIs on file with the District for calendar years 2016, 2017,
and 2018 as follows:
Form Date/identifier For Calendar Year Date Time Stamp
SEC -I REV. 0111"7 2016 Not completed Illegible
Hamlet, 19-018
Page 113
Form Date/Identifier For Calendar Year Date Time Stamp
SEC-1 REV. 01/19 2017 05/31/19 None
SEC-1 REV, 01/19 2018 05/31/19 None
1, Dr. Hamlet neglected to file his mandated SFIs for calendar year 2017 and
2018 by May 1, 2017, and May 1, 2018, respectively.
2. Dr. Hamlet filed his original 2017 and 2018 calendar year SFIs on May 31,
2019.
3, Dr. Hamlet's original calendar year 2016 SFI was provided to hm by the
legal department and was partially filled out when he received it as
evidenced by most of the form not being in his handwriting. He was simply
asked to sign the filled -out form, which he did.
aa. Based on receiving the calendar year 2016 form from the Legal
Department, Dr. Hamlet expected that he would receive similar
forms in coming years as appropriate. He does not recall ever
receiving the 2017 or 2018 forms.
4. Dr. Hamlet later filed amended SFIs for these three years.
b. Dr. Hamlet's 2019 calendar year SFI was not due for filing at the time the
compliance review was completed.
1. Dr. Hamlet's 2019 calendar year SFI was obtained from the District on July
7, 2020.
2. Dr. Hamlet's 2019 calendar year SFI documents a submission date of June
14, 2020.
aa. The Commission determined to not enforce the SFI filing deadline
until July 15, 2020, due to the COVID-19 pandemic.
276. Dr. Hamlet neglected to disclose or otherwise identify the name and address of multiple
creditors to whom Dr. Hamlet owed in excess of $6,500.00 as well as the applicable interest
rate on his SFIs originally filed for calendar years 2016, 2017, 2018, as follows:
a. Calendar Year 2016:
1. Nelnet Student Loans (balance in excess of threshold in 2016).
b. Calendar Year 2017:
1. American Express (balance due in excess of threshold).'
C. Calendar Year 2018:
American Express (balance due in excess of threshold).
i The credit limit on Hamlet's American Express account is below the threshold so Hamlet does not understand how
any balance due could exceed the threshold, but he agrees that one line item on the face of his bills show an amount
above the threshold.
Hamlet, 19-018
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277. Dr. Hamlet neglected to disclose or otherwise identify his direct or indirect sources of
income in excess of $1,300.00 (gross) from multiple entities on his SFIs originally filed for
calendar years 2016 through 2018 as follows:
a. Calendar Year 2016:
1, Pittsburgh Public Schools ($111,527.31),
2. Palm Beach Schools (minimum of $32,784.96).
3. NOVA Southeastern University (minimum of $5,508.36).
b. Calendar Year 2017:
I. Pittsburgh Public Schools ($216,576.64).
2. Dulle Enterprises, Inc., d/b/a ERDI ($2,000.00).
3. ERDI ($2,000.00).
c. Calendar Year 2018:
1. Pittsburgh Public Schools ($225,748.32).
278. Dr. Hamlet neglected to disclose or otherwise identify his employment with NOVA
Southeastern University on his 2016 calendar year SFI.
a. Dr. Hamlet was employed as an on-line instructor for NOVA Southeastern
University in 2016.
279. Dr. Hamlet neglected to disclose or otherwise identify Pittsburgh Public School District as
the governmental entity for which he served as Superintendent on his 2016, 2017, and 2018
calendar year SFIs filed with the District.
a. Section 05, "Governmental Entity" on Dr. Hamlet's 2016, 2017, and 2018 calendar
year SFIs was left incomplete/blank.
280. Dr. Hamlet subsequently filed amended SFIs with the District for calendar years 2016,
2017, and 2018 on June 13, 2019.
a. Each of the amended SFIs bear a District date stamp of June 13, 2019.
281. Although Dr. Hamlet filed amended SFIs for calendar years 2016 through 2018, Dr.
Hamlet's 2017 and 2018 SFIs remained deficient in relation to incomplete and/or omitted
(non -disclosed) information as detailed below:
a. Dr. Hamlet continued to omit/neglect to disclose the name and address of all
creditors owed in excess of $6,500.00 as well as their applicable interest rates on
his amended 2017 and 2018 calendar year SFIs as follows:
I . Calendar Year 2017:
aa. American Express (balance due in excess of threshold).
2. Calendar Year 2018:
Hamlet, 19-018
Page 115
aa. American Express (balance due in excess of threshold).
b. Dr. Hamlet continued to neglect to disclose sources of income on his 2016, 2017,
and 2018 calendar year SFIs as follows:
l . Calendar Year 2016:
aa. Pittsburgh Public Schools ($111,527.31).
bb. Palm Beach Schools (minimum of $32,784.96).
2. Calendar Year 2017:
aa. Pittsburgh Public Schools ($216,576.64).
3. Calendar Year 2018:
aa. Pittsburgh Public Schools ($225,748.32).
b. Dr. Hamlet continued to neglect to disclose his employment with NOVA
Southeastern University on his 2016 calendar year SFI.
C. Dr. Hamlet continued to neglect to disclose or otherwise identify Pittsburgh Public
School District as the governmental entity for which he served as Superintendent
on his 2016, 2017, and 2018 calendar year SFIs filed with the District.
282. Dr. Hamlet neglected to disclose transportation, lodging, and/or hospitality received from
ERDI in the minimum amount of $2,230.70 during the 2017 calendar year and $1,642,71
during the 2019 calendar year on his respective original and/or amended 2017 and original
2019 calendar year SFIs.
a. Transportation, lodging, and/or hospitality is required to be disclosed if it was
received in connection with Dr. Hamlet's public position.
1. Dr. Hamlet took and/or intended to take leave when participating in ERDI
programs.
283. Dr. Hamlet neglected to disclose transportation, lodging, and/or hospitality received from
ESC in the minimum amount of $1,329.30 during the 2017 calendar year on his original
and/or amended 2017 calendar year SFI.
a. Transportation, lodging, and/or hospitality is required to be disclosed if it was
received in connection with Dr. Hamlet's public position.
1. Dr. Hamlet took and/or intended to take leave when participating in ESC
programs.
284. Dr. Hamlet neglected to disclose transportation, lodging, and/or hospitality received from
CGCS in the minimum amount of $1,504.81 during the 2017 calendar year on his original
and/or amended 2017 calendar year SFI.
285. Dr. Hamlet neglected to disclose transportation, lodging, and/or hospitality received from
MATE in the minimum amount of $887.46 during the 2017 calendar year on his original
and/or amended 2017 calendar year SFI.
Hamlet, 19-018
Page116
286. Dr. Hamlet neglected to disclose transportation, lodging, and/or hospitality received from
JFG/CWB in the minimum amount of $1,725.51 and $3,100.00, respectively during the
2018 calendar year on his original and/or amended 2018 calendar year SFI.
287. Between 2017 and 2019, Dr. Hamlet also attended conferences, seminars, and conventions
which included payments to him or on his behalf for transportation, lodging, and
hospitality.
a. Those payments, which exceeded the $650.00 reporting threshold for SFIs, were
not reported by Dr. Hamlet on his annual flings with the District.
b. Those groups that provided transportation, lodging, and hospitality included:
American Association of School Administrators (2017, 2018)
National Governors Association (2017)
288. The American Association of School Administrators ("AASA") is a nonprofit professional
organization for educational leaders in the United States and throughout the world.
a. AASA members include chief executive officers, superintendents, senior level
school administrators, cabinet members, professors, and aspiring school system
leaders.
b. The AASA's mission is to advocate for equitable access for all students to the
highest quality public education and to develop and support school system leaders.
289. The AASA provides development opportunities for educational leaders via a multitude of
programs and/or events including, in part, Aspiring Superintendent's Academy, AASA
National Superintendent Certification Program, Urban Superintendent's Academy,
Leading Social and Emotional Learning Initiative, Early Learning Cohort, etc.
a. The AASA Urban Superintendent's Academy is a cross -institutional partnership
with Howard University in Washington, D.C., and the University of Southern
California in Los Angeles, California, that offers a dynamic approach to urban
superintendent preparation and certification.
1. The Academy held at Howard University provides for monthly in -person
sessions in Alexandria, Virginia/Washington, D.C. on weekends (Saturday
and Sunday).
b. The AASA Leading Social and Emotional Learning Initiative is designed to
accelerate superintendent social and emotional learning.
The Social and Emotional Learning Initiative is composed of a cohort of
multiple school districts from throughout the United States to develop case
studies, action plans, resources, and other publications to be shared with
AASA members and other administrators.
aa. Each Social and Emotional Learning Cohort consists of two, three -
days meetings at varying locations throughout the United States
over the course of one school year.
Hamlet, 19-018
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290. Dr. Hamlet was present at and participated in the 2017 AASA Howard University Urban
Superintendent's Program in Alexandria, Virginia, on April 22, 2017, and April 23, 2017.
a. Dr. Hamlet flew from Pittsburgh, Pennsylvania, to Washington, D.C., on April 21,
2017.
1. Dr. Hamlet's airfare for a one-way ticket to the 2017 AASA Urban
Superintendent's Program totaled $241.95 with baggage charges.
aa. Dr. Hamlet flew from Washington, D.C., to San Diego, California,
with a layover in Phoenix, Arizona, on April 23, 2017, to attend a
National Governor's Association Learning Lab.
2. Dr. Hamlet issued payment for his airfare via use of his personal Barclay
Card US credit card and his baggage charge via use of his Bank of America
debit card.
291. Dr. Hamlet secured lodging for the nights of April 21, 2017, and April 22, 2017, at the
Westin Alexandria, Alexandria, Virginia, at a total cost of $489.59.
a. Dr. Hamlet's stay was documented under Westin Hotels & Resorts Guest Number
560594.
b. Dr. Hamlet issued personal payment for his room fees via his personal American
Express credit card.
I. Dr. Hamlet's lodging fee accounted for $329.18 of his total $489.59 folio
charges.
292. After Dr. Hamlet's return, Santucci completed and submitted an AASA Travel and
Expense Voucher form on Dr. Hamlet's behalf for reimbursement of travel expenses
incurred totaling $741.93 in conjunction with the 2017 Howard University Urban
Superintendent's Academy.
a. Dr. Hamlet authorized submission of the reimbursement form to AASA for the
following:
_Description
Amount
Ground Transportation:
$72.05
Meals:
$98.75
Lodging:
$329.18
Airfare:
$241.95
Total: $741.93
b. Dr. Hamlet's signature is present on the reimbursement form as the traveler.
293. Dr. Hamlet subsequently received AASA check number 102395, dated May 11, 2017, in
the amount of $741.93 in payment of/reimbursement for travel expenses incurred in
relation to his attendance at the 2017 Howard University Urban Superintendent's
Academy.
Hamlet, 19-018
Page 118
a. AASA sent the reimbursement check directly to Dr. Hamlet at Dr. Hamlet's home
address.
294. Dr. Hamlet deposited AASA check number 102395 into his personal account at Bank of
America on May 17, 2017, via mobile deposit.
a. Dr. Hamlet's signature is present on the back of AASA check number 102395.
295. Dr. Hamlet additionally attended a 2018 AASA Social and Emotional Learning Conference
in Chicago, Illinois, on October 19, 2018, and October 20, 2018, as a speaker at the event.
a. Dr. Hamlet flew from Pittsburgh, Pennsylvania, to Chicago, Illinois, on October
18, 2018.
b. Dr. Hamlet flew from Chicago, Illinois, to Pittsburgh, Pennsylvania, on October
20, 2018.
C. Dr. Hamlet's roundtrip airfare to and from the AASA 2018 Social and Emotional
Learning Conference totaled $702,40.
1. Dr. Hamlet issued payment for his airfare via use of his personal Barclay
Card US credit card.
296. Dr. Hamlet received lodging from the AASA for the nights of October 18, 2018, October
19, 2018, and October 20, 2018, at The Westin Michigan Avenue, Chicago, Illinois, valued
at a total of $841.77.
a. The value of Dr. Hamlet's lodging accommodations at The Westin Michigan
Avenue was captured on The Westin Michigan Avenue Group Master Summary of
Guest Charges related to the AASA Social and Emotional Learning Conference.
b. Dr. Hamlet's lodging costs were paid directly by the AASA to The Westin
Michigan Avenue.
297. After Dr. Hamlet's return, Santucci completed and submitted an AASA Travel and
Expense Voucher form on Dr. Hamlet's behalf for reimbursement of travel expenses
incurred totaling $895.66 in conjunction with the 2018 Social and Emotional Learning
Conference.
a. Dr. Hamlet authorized submission of the reimbursement form to AASA for the
following:
Description
Amount
Ground Transportation:
$117.30
Meals:
$7596
Airfare:
$702.40
Lodging:
NIA
Total: $895.66
b. Dr. Hamlet's signature is present on the reimbursement form as the traveler.
Hamlet, 19-018
Page 119
298. Dr. Hamlet subsequently received AASA check number 105776, dated November 8, 2018,
in the amount of $895.66 in payment of/reimbursement for travel expenses incurred in
relation to his attendance at the 2018 AASA Social and Emotional Learning Conference.
a. AASA sent the reimbursement check directly to Dr. Hamlet at Dr. Hamlet's home
address.
299. Dr. Hamlet deposited AASA check number 105776 into his personal account at Bank of
America on November 13, 2018, via mobile deposit.
a. Dr. Hamlet's signature is present on the back of AASA check number 102395.
300. Dr. Hamlet, in his position as the Superintendent of the District, failed to disclose
transportation, lodging, and/or hospitality provided by AASA in excess of $650.00 in
association with travel to and attendance at AASA events on his original and/or amended
2017 and 2018 calendar year SFIs.
a. Transportation, lodging, and hospitality received from AASA (2017): $741.93.
b. Transportation., lodging, and hospitality received from AASA (2018): $1,737.40.
301. The National Governors Association ("NGA") is a nonprofit entity which serves as a
bipartisan collective voice of the nation's governors.
a. The NGA's ongoing mission is to support the work of governors by providing a
forum to help shape and implement national policy and to solve state problems.
302. The NGA Center for Best Practices, a research and development firm, works directly with
governors to share best practices and develop innovative policy solutions to state public
policy challenges.
a. The NGA Center for Best Practices maintains several Policy Divisions which
include, among others, an Education Division.
1. The NGA Center Education Division supports governors' leadership roles
in education reform, providing information on best practices in early
childhood, elementary and secondary, and post -secondary education,
including issues of accountability, extra learning opportunities, and the use
of technology in the classrooms.
2. The NGA Center Education Division regularly convenes governors,
governors' staff, state education leaders, and experts from the field to
discuss best practices related to relevant education topics.
303. The NGA Education Division provides governors' staff and state education leaders with
various opportunities for long-term, technical assistance to guide states through the policy
development and implementation process.
a. The opportunities are provided in the form of policy academies, learning labs,
advisory groups, expert roundtables, site visits, state retreats, learning networks,
and workshops.
Hamlet, 19-018
Page120
304. The NGA Center for Best Practices sponsored a Human Capital Spring Learning Lab
("Spring Learning Lab") on April 24, 2017, and April 25, 2017, in San Diego, California.
a. Dr. Hamlet was invited to attend the Spring Learning Lab as a participant for
Pennsylvania.
1. Each governor's office in good standing as an NGA member is invited to
participate.
2. Each governor's education advisor makes recommendations as to other
individuals from their respective state to attend the meeting.
305. Dr. Hamlet was informed in advance that the NGA would pay for his airfare to the Spring
Learning Lab and that Dr. Hamlet was eligible for additional reimbursement for reasonable
ground transportation, lodging up to two nights, and one day's per diem.
a. Reimbursement information and other meeting materials are communicated to
participants in advance of the event via email.
306. Dr. Hamlet traveled to and participated in the NGA Spring Learning Lab held in San Diego,
California, on the dates of April 24, 2017, and April 25, 2017.
a. Dr. Hamlet flew from Washington, D.C., to San Diego, California, by way of
Phoenix, Arizona, on April 23, 2017.
b. Dr. Hamlet flew from San Diego, California, to Pittsburgh, Pennsylvania, by way
of Chicago, Illinois, on April 25, 2017.
C. The NGA issued payment in the total amount of $685.60 directly to its travel
agency for Dr. Hamlet's airfare.
1. Dr. Hamlet paid an additional total baggage fee of $50.00 via his personal
American Express credit card in associated with his round-trip flight.
307. Dr. Hamlet secured lodging for the nights of April 23`d & 24th, 2017, at the Westin San
Diego, Gaslamp Quarter, San Diego, California, at a total cost of $433.52.
a. Dr. Hamlet's stay was documented under Westin Hotels & Resorts Invoice Number
293038.
b. Dr. Hamlet issued payment for his room fees via his personal American Express
credit card.
1. Dr. Hamlet's lodging fee accounted for $365.68 of his total $433.52 folio
charges.
308. After Dr. Hamlet's return, Santucci completed and submitted an NGA reimbursement form
on Dr. Hamlet's behalf for reimbursement of travel expenses incurred totaling $574.36 in
conjunction with the NGA Spring Learning Lab.
a. Dr. Hamlet authorized submission of the reimbursement form to NGA for the
following:
Hamlet, 19-018
Page121
Description Amount
Ground Transportation: $95.00
Per Diem: $64.00
Checked Bags: $50.00
Lodging: $365.36
Total $574.36
1. The NGA reimbursement form limited the lodging reimbursement amount
to $365.36 (two nights at a maximum of $182.68 per night).
b. Dr. Hamlet's signature is present on the reimbursement form as the participant.
309. Dr. Hamlet subsequently received NGA check number 087421, dated May 28, 2017, in the
amount of $574.36 in payment of/reimbursement for travel expenses incurred in relation
to his attendance at the 2017 NGA Spring Learning Lab in San Diego, California.
a. NGA sent the reimbursement check directly to Dr. Hamlet at Dr. Hamlet's home
address.
310. Dr. Hamlet deposited NGA check number 087421 into his personal account at Bank of
America on June 2, 2017, via mobile deposit.
a. Dr. Hamlet's signature is present on the back of NGA check number 087421.
311. The NGA Center for Best Practices additionally held a ball Human Capital Spring Learning
Lab ("ball Learning Lab") from October 23, 2017, into October 24, 2017, in New Orleans,
Louisiana.
312
a. Dr. Hamlet was invited to attend the Spring Learning Lab as a participant for
Pennsylvania.
1. The Fall Learning Lab was built off the Spring Learning Lab to strengthen
participant's capacity to implement an aligned human capital system for
preparing, supporting, and retaining teachers and principals.
b. Dr. Hamlet was informed in advance that he was eligible for reimbursement for
airfare, reasonable ground transportation, lodging up to two nights and one day's
per diem.
Dr. Hamlet was present at and participated in the NGA Fall Learning Lab held in New
Orleans, Louisiana, over the dates of October 23rd & 24th, 2017
a. Dr. Hamlet flew from Pittsburgh, Pennsylvania, to New Orleans, Louisiana, by way
of Atlanta, Georgia, on October 21, 2017.
b. Dr. Hamlet flew from New Orleans, Louisiana, to Pittsburgh, Pennsylvania, by way
of Atlanta, Georgia, on October 24, 2017.
C. Dr. Hamlet's roundtrip airfare to and from the Fall Learning Lab totaled $681.60,
Hamlet, 19-018
Page 122
1, Dr. Hamlet issued payment for his airfare via use of his personal American
Express credit card.
313. Dr. Hamlet secured lodging for the nights of October 21" — 23`�, 2017 at Le Meridien New
Orleans, New Orleans, Louisiana, at a total cost of $618.51.
a. Dr. Hamlet's stay was documented under Le Meridien Invoice Number 424758.
b. Dr. Hamlet issued payment for his room fees via his personal American Express
credit card.
314. After Dr. Hamlet's return, Santucci completed and submitted an NGA reimbursement form
on Dr. Hamlet's behalf for reimbursement of travel expenses incurred totaling $1,444.11
in conjunction with the NGA Fall Learning Lab.
a. Dr. Hamlet authorized submission of the reimbursement form to NGA for the
following:
Description
Amount
Ground Transportation:
$80.00
Per Diem:
$64.00
Airfare:
$681.60
Lodging:
$618.51
Total $1,444.11
1. Dr. Hamlet requested reimbursement for lodging in the amount of $681,60
although the NGA reimbursement form identified a maximum
reimbursement of $365.36 (two nights at a maximum of $182.68 per night)
for lodging.
b. Dr. Hamlet's signature is present on the reimbursement form as the participant.
315. Dr. Hamlet subsequently received NGA check number 0021643383, dated December 7,
2017, in the amount of $1,444.11 in payment of/reimbursement for travel expenses
incurred in relation to his attendance at the 2017 NGA Fall Learning Lab in New Orleans,
Louisiana.
a. NGA sent the reimbursement check directly to Dr. Hamlet at Dr. Hamlet's home
address.
316. Dr. Hamlet deposited NGA check number 0021643383 into his personal account at Bank
of America on December 18, 2017, via mobile deposit.
a. Dr. Hamlet's signature is present on the back of NGA check number 0021643383.
317. Dr. Hamlet, in his position as the Superintendent of the District, failed to disclose
transportation, lodging, and/or hospitality provided by NGA in excess of $650.00 in
association with travel to and attendance at NGA events on his original and/or amended
2017 calendar year SFIs.
Hamlet, 19-018
Page123
a. Transportation, lodging, and hospitality received from NGA (2017):
Spring Learning Lab: $1,259.96
Fall Learning Lab: $1,444.11
Total: $2,704.07
III. DISCUSSION:
As the Superintendent of the Pittsburgh Public School District ("District"), Allegheny
County, Pennsylvania, since July 1, 2016, Respondent Anthony Hamlet, also referred to herein as
"Respondent," "Respondent Hamlet," "Dr. Hamlet," and "Hamlet," has been a public
official/public employee subject to the provisions of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa. C.S. § 1101 et seq.
The allegations are that Hamlet violated Sections 1103(a), 1103(d), l I04(a), 1105(b)(1),
1105(b)(5), 1105(b)(7), and 1105(b)(8) of the Ethics Act:
(1) When he utilized the authority of his public position to obtain a private pecuniary
benefit, namely when he solicited and/or accepted travel, hospitality, and lodging
from a current/former vendor to the District;
(2) When he accepted honoraria in recognition of appearances, speeches and/or
presentations which were directly related to his public occupation as the
Superintendent of the District;
(3) When he approved the cariyover of unused vacation days for himself from one
school year to the next when such was specifically prohibited by his employment
contract;
(4) When he failed to properly utilize leave for days when he was absent from the
District for non -District related travel and was subsequently paid for such days;
(5) When he converted funds owed to the District for his own personal use;
(6) When he failed to timely file Statements of Financial Interests ("SFIs") for calendar
years 2017 and 2018;
(7) When he failed to disclose all reportable sources of income on SFIs filed for
calendar years 2016, 2017, and 2018;
(8) When he failed to identify his office, directorship or employment with Nova
Southeastern University on his SFI for calendar year 2016 and with Educational
Research & Development Institute on his SFIs for calendar years 2017 and 2018;
(9) When he failed to identify the District as the governmental entity for which he
served on all SFIs filed for calendar years 2016, 2017, and 2018; and
Hamlet, 19-018
Page 124
(10) When he failed to disclose all reportable transportation, lodging, and/or hospitality
on SFIs filed for calendar years 2017 and 2018.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. 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.
The term 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 Pa.C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or
"conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, 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 off cial/public employee himself, any member of his immediate family, or a
business with which he or a member of his immediate family is associated.
Section 1103(d) of the Ethics Act prohibits a public official/public employee from
accepting an honorarium:
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§ 1103. Restricted activities.
(d) Honorarium.. --No public official or public employee
shall accept an honorarium.
65 Pa.C.S. § 1103(d).
The Ethics Act defines the term "honorarium" as follows:
§ 1102. Definitions
"Honorarium." Payment made in recognition of published
works, appearances, speeches and presentations and which is not
intended as consideration for the value of such services which are
nonpublic occupational or professional in nature. The teen does not
include tokens presented or provided which are of de minimis
economic impact.
65 Pa.C.S. § 1102.
The question of whether a given payment is an honorarium prohibited by Section 1103(d)
is determined by an application of the statutory definition set forth in the Ethics Act, not by the
mere label that may have been attached to the payment. Fiorello, Order No. 1363; Confidential
Opinion, 14-007; Confidential Opinion, 01-001.
The statutory definition of "honorarium" generally includes payments that are made in
recognition of speaking engagements/presentations, appearances, and published works, but
excludes such payments if. (1) they are legitimately intended as consideration for the value of
such services; and (2) they are undertaken in the public official's/public employee's private
professional or occupational capacity and are not related to the public position. Fiorello, supra;
Confidential O inion, 14-007; Confidential Opinion, 01-001.
Section I I04(a) of the Ethics Act provides that each public official/public employee must
file an SFI for the preceding calendar year, each year that he holds the position and the year after
he leaves it.
Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a
person required to file the SFI form must provide.
Section 1105(b)(1) of the Ethics Act requires the filer to disclose on the SFI his name,
address, and public position.
Subject to certain statutory exceptions, Section 1105(b)(5) of the Ethics Act requires the
filer to disclose on the SFI the name and address of any direct or indirect source of income totaling
in the aggregate $1,300 or more.
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Subject to certain statutory exceptions, Section 1105(b)(7) of the Ethics Act requires the
filer to disclose on the SFI the name and address of the source and the amount of any payment for
or reimbursement of actual expenses for transportation and lodging or hospitality received in
connection with public office or employment where such actual expenses exceed $650 in an
aggregate amount per year.
Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the SFI any office,
directorship or employment in any business entity.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission.
We shall now summarize the relevant facts as contained therein.
Background
Hamlet was appointed to serve as the Superintendent of the District for a five-year term
spanning from July 1, 2016, to June 30, 2021. The District is governed by a nine -Member Board
of Directors ("Board").
The District maintains a policy manual ("District Policy Manual") to guide the day-to-day
operations of the District. As the Superintendent, Hamlet is subject to applicable policies and
procedures included within the District Policy Manual.
With respect to the use of District Procurement Cards (i.e., credit cards), a District
Administrative Regulation provides that Procurement Cards are to be used for District purchases
only. The District issues payment for all Procurement Cards via one monthly debit from the District
General Fund. As a District employee, Hamlet has a District Procurement Card. Hamlet's
personal assistants have access to his District Procurement Card and routinely use it to book travel
and pay expenses for him.
Sub -Section 917 of the District Policy Manual provides, in pertinent part, that subject to
certain exceptions, no District employee shall solicit or accept from any party doing business with
the District or interested in doing business with the District anything of value. One exception
allows District employees to receive reimbursement of travel expenses for attendance at official
meetings.
District representatives seeking approval to travel for District -related business or
professional development are generally required to complete a District DBA3 Travel Request form
("DBA3"). The DBA3 includes written guidelines and reminders for travel at District expense
and/or during District workdays. Justification for the travel must be provided with appropriate
documentation attached. The information to be provided on the DBA3 includes the travel dates,
destination, and purpose, and documentation as to whether the travel is at District expense. Board
approval is required for any travel out of the country. The signature of the Board President on
Hamlet's DBA3s authorizes Hamlet's travel and absence from the District during normal District
business days and hours for District -related business or professional development. A DBA3 is not
required for the use of vacation, personal, or sick leave.
District representatives seeking reimbursement for expenses incurred during District -
related travel are to complete a District DBA4 Expense Account Memorandum form ("DBA4").
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The information to be provided on the DBA4 includes the travel dates, destination, and purpose,
and expense descriptions for transportation, lodging, meals, registration fees, and other expenses.
Hamlet's assistants fill out his DBA3s and DBA4s based upon information provided by
Hamlet, his Chief of Staff, or others. Hamlet signs his DBA3s and DBA4s and is responsible for
their contents.
Hamlet's Trin to Florida and Cuba with a Vendor to the District
Barrington Irving ("Irving") is the founder and Chief Executive Officer of The Flying
Classroom, LLC ("The Flying Classroom"). The Flying Classroom provides a supplemental
curriculum which is advertised as serving as an instructional science, technology, engineering, and
math ("STEM") tool for teachers through implementation of STEM integrative instruction with
students. The Flying Classroom program is a web -based program which is accessed by teachers
through an online platform that provides access to curriculum "expeditions." Teachers are
regularly referred to within the curriculum as "Lead Explorers." The Flying Classroom program
offers Lead Explorer Expeditions, which are marketed as being uniquely designed and tailored to
the preferences of the Lead Explorers implementing The Flying Classroom program.
Irving was invited to travel to the District in March 2015 to explore the feasibility of
implementing The Flying Classroom curriculum in the District. The District curriculum and
instruction team found The Flying Classroom program to be cost prohibitive and in need of
additional development/work, and the District administration did not further pursue The Flying
Classroom program at that time.
Between August 5, 2016, and October 20, 2016, Hamlet was involved in efforts by the
District to explore the possibility of the District using The Flying Classroom curriculum. During
that time frame, Irving submitted a proposal to Hamlet to implement The Flying Classroom
program to serve 50 teachers within the District at a cost of $238,460.00. The District did not
move forward with Irving's proposal at that time.
In early 2017, Hamlet and Irving had discussions about the possible implementation of The
Flying Classroom program at the District. During these discussions, Irving suggested that the
District set up an aviation program for the fall of 2017, and he provided information about a used
Boeing 727 airplane engine which The Flying Classroom could donate to the District. On or about
March 21, 2017, Hamlet accepted The Flying Classroom's donation of the airplane engine on
behalf of the District.
In April 2017, Irving submitted a proposal to Hamlet to implement The Flying Classroom
program to serve 125 teachers within the District at a cost of $426,255.00. This proposal included
a fee of $30,000.00 for 20 District teachers or administrators to attend six Lead Explorer
Expeditions with local entities, which would be STEM expeditions that correlated to the content
of The Flying Classroom program. Although the District did not take any action to approve this
proposal, Irving noted in an email to the Executive Director of the District's Career Technical
Education curriculum that Hamlet wanted the option to have students at the District's K-8 Langley
school build an airplane.
On September 19, 2017, Irving submitted a third proposal to Hamlet to implement The
Flying Classroom program at the District. Pursuant to the third proposal, The Flying Classroom
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program would serve 66 teachers within the District at a cost of $456,340.00. The third proposal
detailed services to be provided through the program, including curriculum implementation,
building an airplane from scratch, and three Lead Explorer Expeditions with local entities for 25
participants each. Between September 19, 2017, and December 10, 2017, Hamlet engaged in
multiple communications with District employees, Irving, and Hannah Maharaj ("Maharaj") of
The Flying Classroom with regard to the third proposal. In an email sent to Hamlet on or about
November 7, 2017, Maharaj specifically referenced "setting tentative dates for a STEM+
Expedition to South Florida."
On December 15, 2017, Maharaj submitted an updated proposal to Hamlet and other
District representatives for the implementation of The Flying Classroom program to serve ten
teachers within the District at a cost of $73,700.00. The updated proposal included costs associated
with curriculum implementation and two Lead Explorer Expeditions with local entities, each for
15 to 20 District teachers or administrators. The updated proposal referenced the option of a Lead
Explorer Expedition for Lead Explorers (i.e., District administrators or staff) to attend The Flying
Classroom STEM Conference ("Stem Conference") in Miami, Florida. The updated proposal did
not include any pricing for specialized projects such as building an airplane.
On January 24, 2018, the Board voted to contract with The Flying Classroom for the
implementation of The Flying Classroom's curriculum at two District schools. The operating
period of the contract was listed as January 25, 2018, through January 24, 2019. The cost of the
contract was not to exceed $73,000.00. Although The Flying Classroom proposal submitted to
District representatives referenced the option of a Lead Explorer Expedition for District
administrators or staff to attend the STEM Conference in Miami, the proposal was not part of the
Board materials, so language related to the STEM Conference or travel for District administrators
or staff at the expense of The Flying Classroom was not included in the contract.
As of at least February 6, 2018, District representatives began communicating with
representatives of The Flying Classroom to initiate the program at two District schools. Although
the term of the District's one-year contract with The Flying Classroom commenced on January 25,
2018, The Flying Classroom did not perform any services at the District until May 2018. Given
that use of The Flying Classroom materials did not begin until May 2018, use of The Flying
Classroom program in the District continued into May 2019.
Although neither The Flying Classroom's proposal nor the contract between The Flying
Classroom and the District contained any allowance for a District Leadership Expedition
("Leadership Expedition"), the proposal did reference the option of a Lead Explorer Expedition
for District administrators or staff to attend the STEM Conference in Miami. Between May 18,
2018, and November 20, 2018, emails exchanged between Irving and representatives of the
District other than Hamlet referenced the planning of a Leadership Expedition. As of January 7,
2019, efforts to plan a Leadership Expedition began in earnest. Emails that were exchanged among
various parties, including Irving and District representatives other than Hamlet, reflected efforts
to plan a Leadership Expedition to be hosted by The Flying Classroom in Florida in February 2019.
Because Irving wanted to take the participants to Cuba for a portion of the Leadership Expedition,
the Leadership Expedition was ultimately scheduled for April 2019 in order for each participant
to have time to obtain a passport.
On March 26, 2019, a District employee sent an email to Keren DeCarlo ("DeCarlo"),
Executive Secretary to the Superintendent, regarding Irving's plans for the Leadership Expedition.
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The email noted Irving's request that all participants arrive on Sunday, April 14, 2019, in Florida.
The email further noted Irving's plans to leave the country for forty-eight hours and then return to
Florida. DeCarlo subsequently forwarded this email to Hamlet under the subject of "Flying
Classroom trip," with accompanying text noting that Irving "is hoping you can join them on the
trip over Spring Break" and that "the trip is covered except for the travel to/from [Florida]."
On March 29, 2019, an Outlook "Invited Event" calendar email was sent to the
Superintendent's Office and various District administrators under the subject of "Leadership
Expedition with Flying Classrooms," with flight information and an itinerary attached. The
itinerary provided that the participants were to arrive in Miami on April 14, 2019. The itinerary
directed that participants were required to have a valid passport and provided that on April 15,
2019, the participants would fly from Florida via Irving's private plane to a "surprise destination"
for a "STEM-+- Expedition." The participants were to return to Miami on April 17, 2019.
On April 4, 2019, DeCarlo completed Hamlet's DBA3 for his travel to Miami. Hamlet's
DBA3 documented start and end dates for the trip of April 12, 2019, and April 18, 2019,
respectively, and destinations in Florida. The purpose of the travel was listed as "Flying Classroom
Leadership Expedition." Hamlet's flight was identified as the only trip expense for the District.
Although a DBA3 was completed for Hamlet's travel, his travel was personal in nature and
unrelated to any District business. DeCarlo booked an April 12, 2019, flight for Hamlet from
Pittsburgh to Miami at a cost to the District of $539.30. Hamlet paid for his return flight to
Pittsburgh.
Hamlet, who is a graduate of the University of Miami, traveled to Miami on Friday, April
12, 2019, to attend a University of Miami Football Team Reunion that weekend. April 12, 2019,
was a regularly scheduled District workday for Hamlet. District records do not indicate that
Hamlet utilized leave of any type to account for his absence from the District on April 12, 2019.
On April 14, 2019, Hamlet met other District representatives and a representative of The
Flying Classroom at Miami International Airport. Hamlet and the other District representatives
were transported to the Hilton Miami Downtown via passenger van. Irving paid the charges for
the District representatives' rooms, including Hamlet's room, which cost $195.48. Either during
the drive to the Hilton Miami Downtown or the next morning, each of the District representatives
received a draw string tote bag with various amenities and a Cuban flag. Hamlet advised
Commission staff that he did not know they were going to Cuba until he received the bag and the
flag.
On April 15, 2019, Irving flew Hamlet and the other District representatives from Florida
to Havana, Cuba. Irving paid for Hamlet and the other District representatives to stay at the Four
Points by Sheraton in Havana for the nights of April 15 and April 16. The cost of Hamlet's room
for two nights totaled $322.00. While in Cuba, Hamlet and the other District representatives toured
Havana, traveled to a national forest, swam in a freshwater cave, snorkeled, and toured important
locations in Cuban history. Irving/The Flying Classroom paid all of the expenses for the activities
that were participated in by Hamlet and the other District representatives.
After returning to Florida on April 17, 2019, Irving presented a PowerPoint presentation
regarding future planning for the District to Hamlet and the other District representatives in The
Flying Classroom offices. Irving presented information on what The Flying Classroom could offer
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to the District, as well as the next steps to be taken regarding expansion of The Flying Classroom
program at the District.
Hamlet did not utilize leave of any type to account for his absence from the District for the
dates from April 15 through April 17, 2019, which were regularly scheduled District workdays for
him. Hamlet remained in Florida from April 17 until April 20, 2019, at which time he flew to New
Orleans, Louisiana. Hamlet remained in Louisiana from April 20 until April 22, 2019, when he
was scheduled to fly to Pittsburgh. April 18, 2019, and April 22, 2019, were regularly scheduled
District workdays for Hamlet. District records do not indicate that Hamlet utilized leave of any
type to account for his absence from the District on those dates.
The District currently has no business relationship with Irving/The Flying Classroom or
plans to revisit implementation of The Flying Classroom program at the District.
Hamlet's Receipt of Honoraria
ERDI Partners, Inc., is a for -profit corporation that does business as the Education
Research and Development Institute ("ERDI"). ERDI markets itself as a provider of research and
development opportunities for companies that design products and services in support of PK-12
education. ERDI's mission includes providing a forum for dialogue between educational leaders
and corporate partners to shape products, goods, and services that will inspire excellence in
education and enrich the achievement of all learners.
ERDI currently holds multiple institutes ("Institutes") each year which are structured to
give educational leaders the opportunity to influence the development, refinement, and delivery of
the products and services entering the PK-12 education space. The core element of ERDI's
Institutes is the ERDI Research and Development Panel ("ERDI Panel"). An individual, group,
or organization engaged in developing PK-12 educational products or services is afforded the
opportunity to present items under development to an ERDI Panel and solicit critiques,
evaluations, and feedback from the ERDI Panel during a confidential three-hour session. Each
ERDI Panel consists of five members ("Panelists"). A Panelist is a qualified senior school district
official who has been nominated by his or her peers to serve on ERDI Panels in a consulting
capacity. ERDI reimburses Panelists for transportation, lodging, and hospitality expenses
associated with serving on ERDI Panels. From at least 2017 through 2019, ERDI provided
Panelists with a $2,000.00 payment referred to as an "honorarium" for their time and expertise in
serving on an ERDI Panel.
On July 15, 2016, ERDI President and Chief Executive Officer Paul Dulle ("Dulle")
emailed Hamlet and expressed his interest in speaking to Hamlet about ERDI. Hamlet had been
recommended for service as a Panelist by the superintendent of another school district. After
Hamlet expressed interest in ERDI, Dulle sent another email to Hamlet which provided him with
information about ERDI and upcoming Institutes. Dulle's email informed Hamlet that ERDI
would provide payment for three nights lodging and coach airfare and a ground transportation
and food stipend for each ERDI Institute attended as well as payment of an honorarium in the
amount of $2,000.00 for serving as a Panelist. With regard to honoraria, Hamlet's contract with
the District provides, in pertinent part, that "Should participation in an outside activity result in
payment of an honorarium or fee, the Superintendent must use personal leave for this time away
from District duties or such pay or honorarium shall be donated to the Pittsburgh Promise."
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On August 1, 2016, Hamlet sent an email to Dr. Regina Holley ("Holley"), Board
President, which informed Holley that Hamlet had been nominated to participate with ERDI as a
Panelist and provided Holley with additional information regarding ERDI Panels and ERDI
professional development. Holley advised Hamlet in a return email that his participation with
ERDI as a Panelist had to be presented to the Solicitor's Office for review. In an email sent to
Hamlet and Holley on August 1, 2016, the District Solicitor opined that Hamlet could proceed
with serving as a Panelist provided that Hamlet would utilize vacation days for his service and
would receive no remuneration for his service. Hamlet had not specifically disclosed to the District
Solicitor that Panelists were eligible to receive honoraria for their service on ERDI Panels. Based
on the language in Hamlet's contract, which had been drafted by the District Solicitor, Hamlet
believed that he was permitted to accept an honorarium so long as he was on personal leave at the
time of the event related to the honorarium.
From February 2017 through February 2019, Hamlet attended three ERDI Institutes as a
Panelist. Hamlet used personal or vacation days to account for his absence from the District on
any regularly scheduled workdays while attending the ERDI Institutes. The ERDI Institutes were
held: (1) from February 10 through February 14, 2017, in New Orleans, Louisiana; (2) from July
9 through July 12, 2017, in Baltimore, Maryland; and (3) from February 17 through February 20,
2019, in Newport Beach, California. ERDI paid Hamlet the amount of $2,000.00 each time that
he served as a Panelist. ERDI additionally paid Hamlet's transportation, lodging, and hospitality
expenses associated with his service on the ERDI Panels. The parties have stipulated that the
payments Hamlet received from ERDI for serving on the ERDI Panels constituted honoraria.
Educational Solutions Consulting, Inc. ("ESC") is a consulting firm which provides
strategy, advisement, coaching, and business development support for entrepreneurial
organizations within the K12 industry. ESC assists K12 startup companies with building their
businesses, including advising the companies on the process of building relationships with school
agencies and their leaders.
In 2016 and 2017, ESC had contracts with New Schools Venture Fund ("NSVF"), a
national nonprofit venture philanthropy working to reimagine public education, to provide
consulting services to organizations receiving grants from NSVF. ESC was engaged to provide
NSVF grantees with a day of coaching, mentoring, and advisement from ESC's network of K12
public school superintendent partners. ESC routinely offered payment in the amount of $500.00
to a superintendent who served on a panel for ESC at an event.
Doug Roberts ("Roberts"), President of ESC, invited Hamlet to participate as one of five
superintendents on a panel for an ESC event to be held in California on May 16, 2017. Hamlet
was invited to participate on the panel due to his position as the Superintendent of the District.
Roberts informed Hamlet that for his service on the panel, he could opt to receive the amount of
$500.00 paid directly to him, have the $500.00 donated to a District foundation, or have the
$500,00 donated to a scholarship fund.
Hamlet flew to California on May 14, 2017, and he participated in an ESC panel that was
part of an ESC workshop conducted in the San Francisco Bay area on May 16, 2017. Although
May 15 and May 16, 2017, were regularly scheduled District workdays for Hamlet, District records
do not reflect that leave of any type was used to account for Hamlet's absence from the District on
those dates. The parties have stipulated that Hamlet accepted an honorarium payment in the
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amount of $500.00 from ESC for serving on the ESC panel. ESC paid Hamlet's airfare expenses
associated with his travel to California.
Hamlet's Receipt of Travel Reimbursements to Which He Was Not Entitled
The Council of Great City Schools
The Council of Great City Schools ("CGCS") is a nonprofit entity which has the mission
to endorse the cause of urban schools and advocate for inner-city students through legislation,
research, and media relations. CGCS holds various conferences/events to advance its mission.
The District is a CGCS member district.
The Wallace Foundation is a philanthropy which is working nationally to foster
improvements in learning and enrichment for disadvantaged children and the vitality of the arts
for all. In May and September of 2017, Hamlet attended events in New York City that were hosted
by the Wallace Foundation. Hamlet attended the meetings as a CGCS member as a result of grants
that the Wallace Foundation provided to CGCS.
On or about May 22, 2017, Hamlet attended a Wallace Foundation event on the subject of
"Principal Supervisors." Hamlet flew from Pittsburgh to New York City on May 21, 2017, and he
flew back to Pittsburgh on May 22, 2017. Hamlet used his District Procurement Card to pay the
total amount of $238.86 for lodging at the Westin New York at Tinges Square for the night of May
21, 2017. Hamlet subsequently received reimbursement from CGCS for travel expenses incurred
in connection with his attendance at the Wallace Foundation event, including reimbursement for
his lodging expense of $238.86 which had been paid via his use of his District Procurement Card.
Hamlet incorrectly received $238.86 which should have been reimbursed to the District.
On or about September 25, 2017, Hamlet attended a Wallace Foundation event in New
York City on the subject of the ESSA Leadership Learning Community. Hamlet charged his
round-trip airfare, which totaled $740,40, to his District Procurement Card. One of Hamlet's
Executive Assistants submitted a CGCS reimbursement form to CGCS on Hamlet's behalf which
sought reimbursement for travel expenses totaling $775.15, including $740.40 for airfare. After
CGCS issued a check in the amount of $775.15 to the District as reimbursement for Hamlet's
travel expenses incurred in relation to his attendance at the September event, Hamlet authorized
completion of a District DBAI --- Voucher Request in his name which requested that the District
reimburse him the amount of $775,15 for his travel expenses, including $740.40 for airfare. The
information on the District DBAI — Voucher Request was not accurate, which resulted in Hamlet's
receipt of $740.40 in District funds for airfare reimbursement to which he was not entitled.
The National Academy of Advanced Teacher Education
The National Academy of Advanced Teacher Education ("NAATE") is an educational,
nonprofit entity focused on providing quality, in -residence professional development to teachers
and school leaders from urban schools throughout the United States. NAATE operates its program
at Yale University in New Haven, Connecticut, in the summer months and at Hotel DuPont in
Wilmington, Delaware, during the school year.
In 2017, NAATE received a grant from the Heinz Foundation that charged NAATE with
determining whether local district and charter school leaders in the Greater Pittsburgh area were
interested in NAATE's program. In November 2017, Hamlet and other District representatives
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traveled to Wilmington to receive an overview of the program, sit in on NAATE classes for one
day, and engage with participants. Hamlet's round-trip airfare, which totaled $732.40, was
charged to his District Procurement Card. Upon Hamlet's return to the District, one of Hamlet's
Executive Assistants forwarded Hamlet's transportation receipts, which included the $732.40 in
airline fees paid via Hamlet's District Procurement Card, to NAATE for reimbursement. NAATE
subsequently issued a check in the amount of $887.46 to Hamlet, which included reimbursement
for least $713,93 of the airfare expenses that had been charged to his District Procurement Card.
Hamlet incorrectly received $713.93 which should have been reimbursed to the District.
The Jewish Federation of Greater Pittsburgh
The Jewish Federation of Greater Pittsburgh ("JFGP") is a nonprofit entity which serves
as the central planning and fundraising body for the Pittsburgh Jewish community. Classrooms
Without Borders ("CWB") is an independent, nonprofit program of the JFGP which provides
continuing education and professional development for educators. CWB financially and
academically supports educators and students to participate in study travel seminars to places
where the Jewish population has been impacted by antisemitism and oppression.
In 2018, CWB partnered with the District to provide a group of five District representatives
with the opportunity to participate in CWB's Poland Personally Holocaust education travel study
seminar ("2018 Poland Study Seminar"), which was scheduled to occur from Sunday, July 1, 2018,
to Monday, July 9, 2018. The 2018 Poland Study Seminar encompassed a total of five regularly
scheduled District workdays for Hamlet. Per the partnership agreement, the District was
responsible for payment of a registration fee of $1,500.00 per District representative with CWB
subsidizing the remainder of the costs. CWB would subsidize a total of $3,100.00 per District
representative.
Hamlet was one of five District representatives who were selected to participate in the 2018
Poland Study Seminar. Participants were required to complete a registration process which
included payment of a $250.00 non-refundable deposit by December 15, 2017. CWB requested
that participants pay the $250.00 deposit from their own personal funds. If a participant's school
district would later cover the entire registration fee, CWB would reimburse the $250.00 deposit
directly to the participant. On December 14, 2017, Hamlet's District Procurement Card was used
to pay his $250.00 deposit for the 2018 Poland Study Seminar.
Hamlet did not travel to the 2018 Poland Study Seminar with the rest of the District
participants. Hamlet flew from Hong Kong, China, to Moscow, Russia, and from Moscow, Russia,
to Warsaw, Poland, on July 1, 2018. Hamlet had been in China from at least June 25, 2018, until
July 1, 2018, on personal business. Hamlet participated in the 2018 Poland Study Seminar from
July 1, 2018, until July 9, 2018, when he flew to Pittsburgh.
A DBA4 dated July 12, 2018, was submitted to the District on behalf of Hamlet for
reimbursement of expenses totaling $772.26 associated with his participation in the 2018 Poland
Study Seminar. The amount claimed included per diem reimbursement for meals in the amount
of $52.00 per day for eleven days, including June 30, 2018, when Hamlet was in China on personal
business, and July 10, 2018, which was after Hamlet had already returned to Pittsburgh. Hamlet
subsequently received payment from the District for $104.00 in per diem reimbursement to which
he was not entitled.
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In addition to claiming reimbursement from the District, Hamlet claimed separate
reimbursement from the JFGP. Although Hamlet received an email from Robin Monroe
("Monroe"), CWB Program Coordinator, on August 2, 2018, which notified him that Monroe was
processing his airfare expense and the $250.00 that he "paid out of pocket for [the] Poland deposit"
for reimbursement, Monroe was not informed that Hamlet had not paid the $250.00 deposit
personally or advised to reimburse the District for the $250.00 deposit. Hamlet subsequently
received a check from JFGP which included reimbursement of the $250.00 deposit that had been
charged to his District Procurement Card.
Hamlet's Leave Time
Hamlet's employment as the Superintendent is governed by a contract between Hamlet,
the District, and the Board. Hamlet's contract provides, in pertinent part, that he is to annually
receive leave in the form of twenty-five vacation days, fifteen sick days, and two personal days.
At the end of each school year, Hamlet is eligible for reimbursement from the District in an amount
equal to 1 /260"' of his salary (per diem rate) for each unused vacation and personal day "sold back"
to the District, capped at a total of twenty days. Per Hamlet's contract, any unused vacation or
personal days which are not sold back to the District at the end of the school year are forfeited and
not carried over to any subsequent school year. Hamlet's contract is silent as to how snow days
are to be treated.
Hamlet is permitted to take his vacation and personal days at his discretion after providing
notice to the Board. Hamlet is not required to obtain specific approval from the Board or the Board
President to use his vacation and personal days, and no DBA3 is required for those days.
Each department within the District Administrative Building has an employee who serves
as that department's designated timekeeper to record employee absences from the District on
regularly scheduled workdays. Employee absences from the District for which employees are paid
include approved District absences and absences due to use of vacation, personal, sick, or
bereavement leave. An employee is responsible for informing the department timekeeper of the
employee's use of leave. The department timekeeper is responsible for entering the employee's
leave usage into the District PeopleSoft System, which enables the District to track the amount of
leave taken by each employee as entered by the department timekeeper. Although the information
is entered by the department timekeeper, each employee remains responsible for the proper
reporting of leave time utilized.
Various individuals have served as the timekeeper for the Superintendent's Office during
Hamlet's tenure as the Superintendent. Individuals serving in the timekeeper role for the
Superintendent's Office routinely become aware of Hamlet's planned absences from the District
via verbal communication with Hamlet, during meetings with District Chief of Staff Erika Fearbry-
Jones regarding Hamlet's schedule, email from Hamlet, completion of DBA3s for Hamlet, or
review of Hamlet's Outlook calendar. Hamlet is responsible for ensuring that his use of vacation
and personal days is properly reported and entered into the District's PeopleSoft system.
2016 — 2017 School Year
During the 2016 — 2017 school year, Hamlet utilized nine vacation days and two personal
days to account for personal absences from the District. Hamlet was absent from the District for
personal reasons for a minimum of five additional days. See, Fact Finding 238. District records
Hamlet, 19-018
Page 135
do not indicate that leave of any type was utilized to account for Hamlet's absence from the District
on those five days, which included days when Hamlet was in California for the ESC panel and
days when he was in Florida at an event held by the Sickle Cell Foundation of Palm Beach County
& Treasure Coast, Inc. Hamlet received his regular salary from the District for the five days when
he was out of the District on personal business without using vacation or personal leave to account
for his absence from the District. Hamlet had medical appointments on two of the days, which
would have entitled him to use sick leave for those two days.
At the end of the 2016 — 2017 school year, Hamlet received payment from the District for
sixteen unused vacation days. If Hamlet had used vacation leave for the three days where he was
absent from the District and was not eligible to use sick leave, he would have received payment
from the District for only thirteen unused vacation days.
2017 --- 2018 School Year
During the 2017 — 2018 school year, Hamlet utilized five vacation days and no personal
days to account for personal absences from the District. Hamlet was absent from the District on
personal business for five additional days. District records do not indicate that leave of any type
was utilized to account for Hamlet's absence from the District on those five days, which included
days when he was in Utah and Florida. See, Fact Finding 244. Hamlet received his regular salary
from the District for the five days when he was out of the District on personal business without
using vacation or personal leave to account for his absence from the District. Hamlet had a medical
appointment on one of the days, which would have entitled him to use sick leave for that day.
On June 22, 2018, a memo was issued under Hamlet's signature with the subject of "Carry
Over Authorization," in which Hamlet authorized the carryover of unused vacation days from the
2017 — 2018 school year to the 2018 — 2019 school year for himself and nine additional District
staff members. Hamlet understood this carryover to be consistent with past practice at the District
from previous administrations, even though his contract does not provide for him to carry over
vacation days. Hamlet's memo provided that he had a balance of twenty-one unused vacation days
at that time. Hamlet specified that he was to be issued payment for twenty of the days and that
one day was to be carried over to the 2018 — 2019 school year.
Hamlet did not request or receive Board approval to carry over any unused or unsold
vacations days from the 2017 T-- 2018 school year to the 2018 — 2019 school year. Hamlet realized
the availability of an additional vacation day for the 2018 -- 2019 school year as a result of
approving his own carryover of one vacation day from the 2017 -- 2018 school year. Hamlet
advised Commission staff that he believed that this carryover day related to a snow day.
At the end of the 2017 -- 2018 school year, Hamlet received payment from the District for
twenty unused vacation days. If Hamlet had used vacation days for the four days where he was
absent from the District and was not entitled to use sick days, he would have received payment
from the District for only sixteen unused vacation days.
2018 — 2019 School Year
During the 2018 — 2019 school year, Hamlet utilized a total of five days of leave, consisting
of one carried -over vacation day (to which he was not entitled), two vacation days, and two
personal days, to account for personal absences from the District. Hamlet claimed use of the
Hamlet, 19-018
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carried -over vacation day to account for his absence on December 26, 2018. Hamlet had a medical
appointment on December 26, 2018, which would have entitled him to use sick leave on that date.
Hamlet was absent from the District on personal business for at least seven additional days.
District records do not indicate that Hamlet submitted leave of any type to account for his absence
from the District on those days, which included days when he was in Florida, Cuba, and Louisiana.
See, Fact Finding 252. Hamlet received his regular salary from the District for the days when he
was out of the District on personal business without using leave to account for his absence from
the District. Hamlet had a medical appointment on one of the days which would have entitled him
to use sick leave for that day. District records indicate that Hamlet claimed use of an accumulated
snow day to account for one of the days and that Hamlet had no snow days available to use to
account for that one day.
On June 26, 2019, a memo was issued under Hamlet's signature with the subject of "Carry
Over Authorization," in which Hamlet authorized the carryover of unused vacation days from the
2018 -- 2019 school year to the 2019 — 2020 school year for himself and eight additional District
staff members. Hamlet understood this carryover to be consistent with past practice at the District
from previous administrations, even though his contract does not provide for him to carry over
vacation days. Hamlet's memo provided that he had a balance of twenty-three unused vacation
days at that time. Hamlet specified that he was to be issued payment for twenty of the days and
that three days were to be carried over to the 2019 — 2020 school year.
Hamlet did not request or receive Board approval to carry over any unused or unsold
vacations days from. the 2018 — 2019 school year to the 2019 — 2020 school year. Hamlet realized
the availability of three additional vacation days for the 2019 — 2020 school year as a result of
approving his own carryover of three vacation days from the 2018 — 2019 school year. Hamlet
advised Commission staff that he believed that these carryover days related to snow days.
At the end of the 2018 -- 2019 school year, Hamlet received payment from the District for
twenty unused vacation days. Hamlet would not have received payment for twenty unused
vacation days if he had properly used vacation days to cover his absences where necessary.
2019 — 2020 School Year
During the 2019 — 2020 school year, Hamlet utilized three carried -over vacation days (to
which he was not entitled), five and one-half vacation days, and two personal days to account for
personal absences from the District. Hamlet claimed the use of one carried -over vacation day to
account for his absence on July 22, 2019. Hamlet had a medical appointment on July 22, 2019,
which would have entitled him to use sick leave on that date.
At the end of the 2019 -- 2020 school year, Hamlet received payment from the District for
nineteen and one-half unused vacation days. Hamlet would not have received payment for
nineteen and one-half unused vacation days if he had properly used vacation days to cover his
absences where necessary.
Use of Sick Leave
Between July 1, 2016, and October 1, 2019, Hamlet utilized five sick days to account for
days where he was absent from the District for medical reasons. Hamlet utilized an additional five
sick days to account for days where he was absent from the District because he was traveling to
Hamlet, 19-018
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another state for personal reasons. Hamlet's use of sick days rather than vacation days while he
was traveling for personal business enabled him to maintain a larger balance of vacation days to
sell back to the District at the end of a school year.
Hamlet's SFIs:
Hamlet filed SFIs with the District for calendar years 2016, 2017, and 2018. Hamlet
neglected or failed to disclose the following information on those SFIs:
Reportable Sources of Income
Calendar year 2016. (1) Pittsburgh Public Schools; (2) Palm Beach Schools; (3) Nova
Southeastern University.
Calendar year 2017: (1) Pittsburgh Public Schools; (2) Dulle Enterprises, Inc., d/b/a
ERDI; (3) ERDI.
Calendar year 2018: Pittsburgh Public Schools.
Reportable Creditors
Calendar year 2016: Nelnet Student Loans.
Calendar year 2017: American Express.
Calendar year 2018. American Express.
Transportation, Lodging, and Hospitality Source and Amount
Calendar year 2017: (1) ERDI, $2,230.70; (2) ESC, $1,329.30; (3) CGCS, $1,504.81; (4)
NAATE, $887.46; (5) American Association of School
Administrators ("AASA"), $741.93; (6) National Governors
Association, $2,704.07.
Calendar year 2018: (1) JFGP, $1,725.51; (2) CWB, $3,100.00; (3) AASA, $1,737.40.
Office, Directorship or Employment in any Business
Calendar year 2016: Nova Southeastern University (employee).
Although Hamlet filed amended SFIs with the District for calendar years 2016, 2017, and
2018, his amended SFIs failed to disclose all of the above information that was not disclosed on
his SFIs for calendar years 2016, 2017, and 2018. Hamlet neglected to disclose the District as the
governmental entity for which he held public office on either his SFIs or amended SFIs for calendar
years 2016, 2017, and 2018.
Hamlet, 19-018
Page 138
Having highlighted the Stipulated Findings and issues before us, we shall now apply the
Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations as
follows:
3. The Investigative Division will recommend the following in relation
to the above allegations:
a. That a violation of Section 1103(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to Dr. Hamlet's negligent receipt of travel expense
reimbursements from the District which had already been
paid by the District resulting in a private pecuniary benefit.
b. That a violation of Section 1103(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to Dr. Hamlet's negligent utilization of leave for
days when he was absent from the District for non -District
related travel and was subsequently paid for such days and
when he carried over unused vacation/personal days for
certain District employees including himself from one
school year to the next when his contract prohibited carrying
over vacation/personal days as to him. Dr. Hamlet asserts
that the carried over days were snow days not
vacation/personal days covered by Section X.A. of his
contract.
C. That a technical violation of Section 1103(d) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. § 1103(d),
occurred when Dr. Hamlet accepted honorarium in
recognition of appearances, speeches and/or presentations
which were directly related to his public occupation. Dr.
Hamlet had an understanding that the receipt of such was
allowable given language in Section XV of his contract
permitting him to accept honorarium or fees if he was using
personal leave at the time of the outside activity resulting in
the payment of an honorarium or fee.
d. Dr. Hamlet denies having committed a violation of the
Ethics Act concerning the Flying Classroom trip and denies
having knowledge that the trip was not part of PPS's contract
with Flying Classroom. Nevertheless and without admitting
any violation, for purposes of resolution given the terms of
this settlement, he agrees that if this matter went to hearing,
the Investigative Division could, by circumstantial evidence,
Hamlet, 19-018
Page 139
meet the requisite evidentiaty standard and convince a fact
finder that he violated Section 1103 of the Public Official
and Employee Ethics Act, 65 Pa.C.S. § 1103, in relation to
his participating in the Flying Classroom sponsored trip.
e. That violations of Sections 1105(b)(1), (5), (7), and (8) of
the Public Official and Employee Ethics Act, 65 Pa.C.S. §§
1105(b)(1), (5), (7), and (8), occurred in relation to Dr.
Hamlet's deficient Statements of Financial Interest for
calendar years 2016, 2017, and 2018.
4, Dr. Hamlet agrees to make payment in the amount of $7,908.89 in
settlement of this matter and to relinquish fourteen (14) vacation
days to which he is entitled.
a. Dr. Hamlet agrees to make a payment of $2,908.89 payable
to the Pittsburgh Public Schools and forwarded to the
Pennsylvania State Ethics Commission after the issuance of
the final adjudication in this matter, which payment relates
to Paragraphs 3a and 3d above. Dr. Hamlet agrees to make a
second payment of $3,250 payable to the Pittsburgh Public
Schools and forwarded to the Pennsylvania State Ethics
Commission, which Dr. Hamlet will use reasonable efforts
to arrange to then have the District send to the Pittsburgh
Promise (which is the stated charitable organization in the
relevant section of Dr. Hamlet's contract with the District),
after the issuance of the final adjudication in this matter,
which payment relates to Paragraph 3c above. These
amounts can be paid in six equal monthly installments
starting with an initial payment to be made on the thirtieth
(30th) day after the issuance of the final adjudication in this
matter. Dr. Hamlet agrees to certify to the Commission by
letter or email of the District's remittance of the payments
to Pittsburgh Promise.
b. Dr. Hamlet agrees to forfeit fourteen (14) days of vacation
time for the calendar year in which this agreement is made
into a final adjudication. Should Dr. Hamlet have less than
fourteen (14) vacation days remaining at the time this
adjudication is final, he shall pay the difference at a per diem
rate of his current salary. Confirmation of forfeiture shall be
forwarded to the State Ethics Commission by Dr. Hamlet
within thirty (30) days of the issuance of the final
adjudication in this matter. The fourteen (14) days of
vacation time are valued at $882.58 per day for a total value
of $12,3 56.12. Said forfeiture relates to paragraph 3b, above.
Hamlet, 19-018
Page 140
C. Dr. Hamlet agrees to make a payment of $750.00
representing a civil penalty for deficient Statements of
Financial Interests filed for calendar years 2016, 2017, and
2018. Said payment shall be made payable to the
Commonwealth of Pennsylvania and forwarded to the State
Ethics Commission within thirty (30) days of the issuance of
the final adjudication in this matter.
d. Dr. Hamlet agrees to make a payment of $1,000.00,
representing a portion of the costs incurred by the
Commission in the investigation and enforcement of this
matter, which shall be made payable to the Pennsylvania
State Ethics Commission within sixty (60) days of the
issuance of the final adjudication in this matter.
5. Dr. Hamlet agrees to file amended Statements of Financial Interests
with the Pennsylvania State Ethics Commission, for calendar years
2016, 2017, and 2018 within thirty (30) days of the issuance of the
final adjudication in this matter.
6. Dr. Hamlet agrees to not accept any reimbursement, compensation
or other payment from the Pittsburgh Area School District,
representing a full or partial reimbursement of the amount paid in
settlement of this matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other authority
to take action in this matter. Such, however, does not prohibit the
Commission from initiating appropriate enforcement actions in the
event of Dr. Hamlet's failure to comply with this agreement or the
Commission's order or cooperating with any other authority who
may so choose to review this matter further.
Consent Agreement, at 2-4.
It appears that the Investigative Division in the exercise of its prosecutorial discretion has
elected to nolle pros the allegations that Hamlet failed to timely file SFIs for calendar years 2017
and 2018 and that Hamlet failed to identify his office, directorship or employment with ERDI on
his SFIs for calendar years 2017 and 2018. We therefore need not address those particular
allegations.
We accept the recommendation of the parties for a finding that a violation of Section
1103(a) of the Ethics Act occurred in relation to Hamlet's negligent receipt of travel expense
Hamlet, 19-018
Page 141
reimbursements for travel expenses which had already been paid by the District, resulting in a
private pecuniary benefit.
As the Superintendent of the District, Hamlet has a District Procurement Card. The District
issues payment for the charges on Hamlet's District Procurement Card. Hamlet received
reimbursement from the following entities for travel expenses which were charged to his District
Procurement Card.: (1) $238.86 from CGCS for lodging related to his attendance at an event in
New York City in May 2017; (2) $713.93 from NAATE for airfare related to his travel to
NAATE's program in Wilmington in November 2017; and (3) $250.00 from JFGP for a deposit
related to his attendance at the 2018 Poland Study Seminar in July 2018. Hamlet was not entitled
to the aforesaid amounts, which should have been reimbursed to the District. Hamlet additionally
received $740.40 in District funds to which he was not entitled as a result of requesting
reimbursement from the District for airfare expenses that were charged to his District Procurement
card in relation to his attendance at an event in New York City in September 2017.
Based upon the Stipulated Findings and the Consent Agreement, we hold that Hamlet
violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his negligent receipt
of travel expense reimbursements for travel expenses which had already been paid by the District,
resulting in a private pecuniary benefit.
We accept the recommendation of the parties for a finding that a violation of Section
1103(a) of the Ethics Act occurred in relation to Hamlet's negligent utilization of leave for days
when he was absent from the District for non -District related travel and was subsequently paid for
such days and when he carried over unused vacation/personal days for certain District employees,
including himself, from one school year to the next when his contract prohibited carrying over
vacation/personal days as to him.
Hamlet's employment contract provides, in pertinent part, that he is to annually receive
leave in the form of twenty-five vacation days, fifteen sick days, and two personal days. Hamlet's
contract permits him to receive payment from the District for up to twenty unused vacation or
personal days at the end of each school year. Per Hamlet's contract, any unused vacation or
personal days which are not sold back to the District at the conclusion of the school year are
forfeited and not carried over to the subsequent school year.
The Stipulated Findings establish that during the school years of 2016 — 2017, 2017 ---- 2018,
and 2018 -- 2019, Hamlet was out of the District on personal business for various workdays without
using vacation or personal leave to account for his absence from the District. The Stipulated
Findings further establish that between July 1, 2016, and October 1, 2019, Hamlet utilized five
days of sick leave to account for days that he was absent from the District as a result of traveling
to another state for personal reasons. As a result of not properly using leave to account for
workdays that he spent out of the District on personal business, Hamlet retained excess leave to
which he was not entitled.
Hamlet used the authority of his office as the Superintendent of the District when he
authorized the carryover of one vacation day for himself from the 2017 ---- 2018 school year to the
2018 — 2019 school year and the carryover of three vacation days for himself from the 2018 -- 2019
school year to the 2019 — 2020 school year, even though his employment contract does not permit
Hamlet, 19-018
Page 142
him to carry over unused vacation days that have not been sold back to the District. As a result of
Hamlet retaining excess leave to which he was not entitled and carrying over vacation days when
he is not permitted to do so, Hamlet received payment from the District at the end of each school
year for some unused vacation days that he did not properly have to sell back to the District.
Hamlet realized a private pecuniary benefit when he received payment from the District for unused
vacation days that he did not properly have to sell back to the District.
We hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a),
occurred in relation to Hamlet's negligent utilization of leave for days when he was absent from
the District for non -District related travel and was subsequently paid for such days and when he
carried over unused vacation/personal days for certain District employees, including himself, from
one school year to the next when his contract prohibited carrying over vacation/personal days as
to him.
We accept the parties' recommendation for a finding that a technical violation of Section
1103(d) of the Ethics Act occurred when Hamlet accepted honoraria in recognition of appearances,
speeches and/or presentations which were directly related to his public occupation.
ERDI holds Institutes each year at which an individual, group, or organization engaged in
developing PK- 12 educational products or services may be afforded the opportunity to present
items under development to an ERDI Panel and solicit critiques, evaluations, and feedback from
the ERDI Panel. Each ERDI Panel consists of five Panelists. A Panelist is a qualified senior
school district official who is nominated by his or her peers to serve on ERDI Panels in a consulting
capacity.
Hamlet was recommended to ERDI for service as a Panelist by the superintendent of
another school district, and he subsequently attended three ERDI Institutes as a Panelist. The
ERDI Institutes were held in February 2017, July 2017, and February 2019. ERDI paid Hamlet
the amount of $2,000.00 each time that he served as a Panelist. The parties have stipulated that
the payments which Hamlet received from ERDI for serving on the ERDI Panels constituted
honoraria.
ESC is a consulting firm which assists K12 startup companies with building their
businesses, including advising the companies on the process of building relationships with school
agencies and their leaders. Due to Hamlet's position as the Superintendent of the District, Hamlet
was invited to participate on a panel for an ESC event to be held on May 16, 2017. The parties
have stipulated that Hamlet accepted an honorarium payment in the amount of $500.00 from ESC
for serving on the ESC panel.
Based upon the Stipulated Findings and the Consent Agreement, we hold that a technical
violation of Section 1103(d) of the Ethics Act, 65 Pa.C.S. § 1103(d), occurred when Hamlet
accepted honoraria in recognition of appearances, speeches and/or presentations which were
directly related to his public occupation.
Per the Consent Agreement, Hamlet denies having committed a violation of the Ethics Act
concerning his trip with The Flying Classroom and denies having knowledge that the trip was not
pail of the District's contract with The Flying Classroom. Nevertheless and without admitting any
violation, for purposes of resolution given the terms of the parties' settlement, Hamlet agrees that
Hamlet, 19-018
Page 143
if this matter went to hearing, the Investigative Division could, by circumstantial evidence, meet
the requisite evidentiary standard and convince a fact finder that he violated Section 1103(a) of the
Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his participating in The Flying Classroom -
sponsored trip.
We agree with the parties, and we hold, that violations of Sections 1105(b)(1), (5), (7),
and (8) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), (5), (7) and (8), occurred in relation to
Hamlet's deficient SFIs for calendar years 2016, 2017, and 2018.
As part of the Consent Agreement, Hamlet has agreed to make payment in the total amount
of $7,908.89, with. (1) $2,908.89 payable to the Pittsburgh Public Schools; (2) $3,250.00 payable
to the Pittsburgh Public Schools, for the District to remit to Pittsburgh Promise, a charitable
organization; (3) $750.00 payable to the Commonwealth of Pennsylvania, which amount
represents a civil penalty for Hamlet's deficient SFIs for calendar years 2016, 2017, and 2018; and
(4) $1,000.00 payable to this Commission, as detailed herein. Hamlet has further agreed to forfeit
fourteen (14) days of vacation time valued at $882.58 per day, for a total value of $12,356.12.
Hamlet has agreed to not accept any reimbursement, compensation or other payment from
the District representing a full or partial reimbursement of the amount paid in settlement of this
matter. Hamlet has further agreed to file amended SFIs for calendar years 2016, 2017, and 2018
with this Commission within thirty (30) days of the issuance of the final adjudication in this matter.
We determine that the Consent Agreement submitted by the parties sets forth a proper
disposition for this case, based upon our review as reflected in the above analysis and the totality
of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Hamlet is directed to make
payment in the amount of $2,908.89 payable to the Pittsburgh Public Schools and forwarded to
this Commission, which amount may be paid in six equal monthly installments, starting with an
initial payment to be made on the thirtieth (301h) day after the mailing date of this adjudication and
Order.
Hamlet is directed to make payment in the amount of $3,250.00 payable to the Pittsburgh
Public Schools and forwarded to this Commission, which amount may be paid in six equal monthly
installments, starting with an initial payment to be made on the thirtieth (30th) day after the mailing
date of this adjudication and Order. Hamlet is directed to fulfill his agreement to use reasonable
efforts to arrange to have the District remit these payments to Pittsburgh Promise and to provide
certification to this Commission by letter or email of the District's remittance of these payments
to Pittsburgh Promise.
Hamlet is directed to make a payment of $750.00 payable to the Commonwealth of
Pennsylvania and forwarded to this Commission by no later than the thirtieth (30th) day after the
mailing date of this adjudication and Order.
Hamlet is directed to make a payment of $1,000.00, representing a portion of the costs
incurred by this Commission in the investigation and enforcement of this matter, which shall be
Hamlet, 19-018
Page 144
made payable to the Pennsylvania State Ethics Commission and forwarded to this Commission by
no later than the sixtieth (60"') day after the mailing date of this adjudication and Order.
Hamlet is directed to fulfill the terms of the parties' Consent Agreement by forfeiting
fourteen (14) days of vacation time, valued at $882.58 per day for a total value of $12,356.12, for
the calendar year in which this adjudication and Order are mailed. Should Hamlet have less than
fourteen (14) vacation days remaining on the mailing date of this adjudication and Order, he shall
pay the difference at a per diem rate of his current salary. Hamlet shall forward confirmation of
forfeiture to this Commission by no later than the thirtieth (30"') day after the mailing date of this
adjudication and Order.
Hamlet is directed to not accept any reimbursement, compensation or other payment from
the District representing a full or partial reimbursement of the amount paid in settlement of this
matter.
Finally, to the extent he has not already done so, Hamlet is directed to file amended SFIs
for calendar years 2016, 2017, and 2018 with this Commission by no later than the thirtieth (30th)
day after the mailing date of this adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no further action
by this Commission. Noncompliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
1. As the Superintendent of the Pittsburgh Public School District ("District") since July 1,
2016, Respondent Anthony Hamlet ("Hamlet") has been a public official/public employee
subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65
Pa.C.S. § 1101 et seq.
2. Hamlet violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his
negligent receipt of travel expense reimbursements for travel expenses which had already
been paid by the District, resulting in a private pecuniary benefit.
3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation
to Hamlet's negligent utilization of leave for days when he was absent from the District for
non -District related travel and was subsequently paid for such days and when he carried
over unused vacation/personal days for certain District employees, including himself, from
one school year to the next when his contract prohibited carrying over vacation/personal
days as to him.
4. A technical violation of Section 1103(d) of the Ethics Act, 65 Pa.C.S. § 1103(d), occurred
when Hamlet accepted honoraria in recognition of appearances, speeches and/or
presentations which were directly related to his public occupation.
5. Hamlet denies having committed a violation of the Ethics Act concerning his trip with The
Flying Classroom, LLC ("The Flying Classroom") and denies having knowledge that the
Hamlet, 19-018
Page 145
trip was not part of the District's contract with The Flying Classroom. Nevertheless and
without admitting any violation, for purposes of resolution given the terms of the parties'
settlement, Hamlet agrees that if this matter went to hearing, the Investigative Division
could, by circumstantial evidence, meet the requisite evidentiary standard and convince a
fact finder that he violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in
relation to his participating in The Flying Classroom -sponsored trip.
6. Violations of Sections 1105(b)(1), (5), (7), and (8) of the Ethics Act, 65 Pa.C.S. §§
1105(b)(1), (5), (7) and (8), occurred in relation to Hamlet's deficient Statements of
Financial Interests for calendar years 2016, 2017, and 2018.
In Re: Anthony Hamlet, File Docket: 19-018
Respondent Date Decided: 7/26/21
Date Mailed: 7/26/21
ORDER NO. 1791
1. Anthony Hamlet ("Hamlet"), as the Superintendent of the Pittsburgh Public School District
("District"), violated Section 1103(a) of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1103(a), in relation to his negligent receipt of travel expense
reimbursements for travel expenses which had already been paid by the District, resulting
in a private pecuniary benefit.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation
to Hamlet's negligent utilization of leave for days when he was absent from the District for
non -District related travel and was subsequently paid for such days and when he carried
over unused vacation/personal days for certain District employees, including himself, from
one school year to the next when his contract prohibited carrying over vacation/personal
days as to him.
3. A technical violation of Section 1103(d) of the Ethics Act, 65 Pa.C.S. § 1103(d), occurred
when Hamlet accepted honoraria in recognition of appearances, speeches and/or
presentations which were directly related to his public occupation.
4. Hamlet denies having committed a violation of the Ethics Act concerning his trip with The
Flying Classroom, LLC ("The Flying Classroom") and denies having knowledge that the
trip was not part of the District's contract with The Flying Classroom. Nevertheless and
without admitting any violation, for purposes of resolution given the terms of the parties'
settlement, Hamlet agrees that if this matter went to hearing, the Investigative Division
could, by circumstantial evidence, meet the requisite evidentiary standard and convince a
fact finder that he violated Section 1103(a) of the Ethics Act, 65 Pa.C,S. § 1103(a), in
relation to his participating in The Flying Classroom -sponsored trip.
5. Violations of Sections 1105(b)(1), (5), (7), and (8) of the Ethics Act, 65 Pa.C.S. §§
1105(b)(1), (5), (7) and (8), occurred in relation to Hamlet's deficient Statements of
Financial Interests for calendar years 2016, 2017, and 2018.
6. Per the Consent Agreement of the parties, Hamlet is directed to make payment in the
amount of $2,908.89 payable to the Pittsburgh Public Schools and forwarded to the
Pennsylvania State Ethics Commission, which amount may be paid in six equal monthly
installments, starting with an initial payment to be made on the thirtieth (301h) day after the
mailing date of this Order.
7. Hamlet is directed to make payment in the amount of $3,250.00 payable to the Pittsburgh
Public Schools and forwarded to the Pennsylvania State Ethics Commission, which amount
Hamlet, 19-018
Page 147
may be paid in six equal monthly installments, starting with an initial payment to be made
on the thirtieth (301h) day after the mailing date of this Order. Hamlet is directed to fulfill
his agreement to use reasonable efforts to arrange to have the District remit these payments
to Pittsburgh Promise and to provide certification to this Commission by letter or email of
the District's remittance of these payments to Pittsburgh Promise.
8. Hamlet is directed to make a payment of $750.00 payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than
the thirtieth (301h) day after the mailing date of this Order.
9. Hamlet is directed to make a payment of $1,000.00, representing a portion of the costs
incurred by this Commission in the investigation and enforcement of this matter, which
shall be made payable to the Pennsylvania State Ethics Commission and forwarded to this
Commission by no later than the sixtieth (60") day after the mailing date of this Order,
10. Hamlet is directed to fulfill the terms of the parties' Consent Agreement by forfeiting
fourteen (14) days of vacation time, valued at $882.58 per day for a total value of
$12,356.12, for the calendar year in which this Order is mailed. Should Hamlet have less
than fourteen (14) vacation days remaining on the mailing date of this Order, he shall pay
the difference at a per diem rate of his current salary. Hamlet shall forward confirmation
of forfeiture to this Commission by no later than the thirtieth (30th) day after the mailing
date of this Order.
11. Hamlet is directed to not accept any reimbursement, compensation or other payment from
the District representing a full or partial reimbursement of the amount paid in settlement of
this matter.
12. Hamlet is directed to file amended Statements of Financial Interests for calendar years
2016, 2017, and 2018 with this Commission by no later than the thirtieth (30th) day after
the mailing date of this Order.
13. Compliance with paragraphs 6, 7, 8, 9, 10, 11, and 12 of this Order will result in the closing
of this case with no further action by this Commission.
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Nicholas A. Colafella, Wir