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In Re: Wendy Kenyon Anthos,
Respondent
ETMCS COM�MISSION
FINANCE BUILDING
File Docket:
-ref:.
Date Date Decided:
Date Mailed:
FACSJMILE717-787-0806
WEBSITE: Livwwethics.pa.go
19-039
Order No. 1793
9/14/21
9/16/21
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roer Nick
Meanie 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 seq., 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 Wendy Kenyon Anthos, a public official/public employee in her capacity as an
Administrative Officer with the Pennsylvania Department of Education, violated Sections 1103 (a),
I 105(b)(5), and 1105(b)(8) of the State Ethics Act (Act 93 of 1998) when she utilized the authority
of her public position for the private pecuniary benefit of herself and/or a member of her immediate
family, by participating in discussions and actions resulting in LS Digital Solutions contracting
with her son, and then initiating a purchase order for an IT staff augmentation position, specifically
directing the use of LS Digital Solutions as the vendor, resulting in her son being engaged as the
individual assigned to the Pennsylvania Department of Education as the LS Digital Solutions
subcontractor; when she utilized the authority of her public position to initiate a change order to
reclassify the position held by her son, in an effort to increase his compensation; when she failed
to identify A&R. Nissley Inc. as a source of income on Statements of Financial Interests filed for
calendar years 2017 and 2018; and when she failed to identify her employment with A&R Nissley
Inc. and the Commonwealth of Pennsylvania as a source of income on her calendar year 2019
Statement of Financial Interests.
Kenyon Anthos, 19-039
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II. FINDINGS:
I. Wendy Kenyon Anthos ("Kenyon Anthos") was employed by the Commonwealth of
Pennsylvania Department of Education ("PDE"), Bureau of Management Services
("BMS"), as an Administrative Officer from at least February 11, 2002, until September
13, 2019.
a. Kenyon Anthos served as the Assistant Director of BMS (Administrative Officer
4) from August 17, 2019, to September 13, 2019.
1. Kenyon Anthos retired from Commonwealth employment effective
September 13, 2019.
b. Kenyon Anthos served as the Chief of the BMS Division of Procurement, Grants,
and Payables (Administrative Officer 3) from November 5, 2007, to August 17,
2019,
1. The Division of Procurement, Grants, and Payables was created within
BMS effective November 5, 2007.
C. Kenyon Anthos served in various other BMS/Commonwealth positions from April
5, 1993, to November 4, 2007,
2. As the Assistant Director of BMS, Kenyon Anthos was responsible for oversight, direction,
and coordination of all BMS activities through supervision of the Procurement, Grants, and
Payables Division Chief and supervision of the Operation and Support Services Division
Chief.
a. The Procurement, Grants, and Payables Division Chief position was vacant from at
least August 17, 2019, through November 13, 2019.
1. Kenyon Anthos was responsible for completion of the Division Chief's
duties while the position remained unfilled.
b. Kenyon Anthos reported to Eric Chubb ("Chubb"), BMS Director, in her position
of Assistant Director of BMS.
3. As the Chief of the Procurement, Grants, and Payables Division, Kenyon Anthos was
responsible for, in part, the following:
a. Administering all purchasing activities for PDE (both commodities purchasing and
contracting for services) as well as planning, organizing, and directing the work of
PDE's Procurement Unit;
b. Administering the fiscal activity for the Non -Public Textbook Program, including
managing the work of Non -Public Information System employees and working
with the Agency IT Office and consultants; and
c. Administering BMS budget and fiscal operations, including approving all BMS
fund expenditures.
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4. Commonwealth employees are periodically required to engage in both in -person and online
personnel, procedural, and/or policy trainings as determined by the Governor's Office of
Administration ("Office of Administration") and other agencies.
a. The Office of Administration offered trainings on the following topics: "OA-HRD
WBT Ethics in the Workplace" in relation to the Ethics Act; the Governor's Code
of Conduct; the Civil Service Act; the State Adverse Interest Act; and the Hatch
Act.
I. Kenyon Anthos's employee training transcript affirmed her knowledge of
the Ethics Act.
b. Kenyon Anthos received "Ethics in the Workplace" training on January 9, 2008,
I . The training included information on the Ethics Act.
2. The training covered, among other items, conflicts of interest.
aa. The training broadly stated "any situation in which your personal
interests influence — or may be expected to influence — your position
as a Commonwealth employee" is likely a conflict of interest.
5. PDE oversees 500 public school districts, more than 170 public charter schools, public
cyber charter schools, career and technology centers/vocational technical schools, public
intermediate units, the education of youth in state juvenile correction institutions, Head
Starts, publicly funded preschools, and community colleges.
a. PDE also oversees policies related to public, academic, and school libraries, and
the State Library of Pennsylvania.
6. BMS is the procurement arm of PDE.
a. BMS is composed of the Division of Procurement, Grants, and Payables and the
Division of Operational and Support Services.
I. The Division of Procurement, Grants, and Payables is responsible for
procurement, grant management, accounts payable, and the Non -Public
Information System.
2. The Division of Operational and Support Services is responsible for support
and services for BMS, including departmental activity in the areas of
records management, parking services, automotive services, mail and
reprographic services, Right -to -Know, facilities and materials
management -renovations, shipping and receiving, safety, and risk
management.
7. The Non -Public Information System ("NPIS") is the PDE online system through which
private and nonpublic schools may order textbooks, eBooks, electronics, and other
instructional materials.
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a. Eligible/participating schools initiate purchases through the LAPIS program via an
online submission of a purchase order with an attached matching actual valid quote
from the vendor.
8. The BMS staff is increased for a period of time each year to assist with the additional
workload coinciding with the opening of the annual NPIS program.
a. The addition of staff routinely spans the months of July to December.
b. Additional staff is obtained through the Commonwealth's clerical pool, rehired
annuitants, and the Commonwealth's information technology ("IT") staff
augmentation contract ("IT Staff Augmentation Contract").
1. In fiscal year 2018, BMS began hiring through the IT Staff Augmentation
Contract with Optimal Solutions & Technologies, Inc.
9. NPIS staff maintain multiple responsibilities in relation to the program, including review
of purchase orders received and responding to program questions.
a. NPIS staff review purchase orders submitted to ensure:
1. The quote amount matches the purchase order amount;
2. The product codes on the purchase order match the product codes from the
vendor;
3. The purchase order amount does not exceed the allotment balance; and
4. The shipment charges are included within the total amount.
b. NPIS staff respond to questions sent through the NPIS resource account [email
address redacted].
10. The Commonwealth has maintained an IT Staff Augmentation Contract with Optimal
Solutions & Technologies, Inc. ("OST") to provide IT staff services since at least October
1, 2015.
a. OST's vendors use a web -based application known as Vector Vendor Management
System ("Vector VMS") to manage and procure staffing services.
b. The IT Staff Augmentation Contract currently has approximately 300 pre -titled
positions and approximately 600 vendors.
11. As of July 1, 2018, all Commonwealth agency IT -related procurement requests required
approval of the Governor's Office of Administration - Information Technology ("OA-IT").
a. OA-IT was tasked with reviewing and approving all IT -related requests to ensure
the requested position was appropriate for the agency's need.
1. Each agency remained responsible for budgets and identifying the length of
time needed for the IT services.
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12. Effective July 1, 2018, all IT -related procurements required initiation through a "shopping
cart" process via the Supplier Relationship Management ("SRM") system regardless of the
estimated value.
a. PDE was subject to the IT Shopping Cart Policy.
b. General Ledger ("GL") account number GL # 6341213 IT Con — IT Help Desk was
subject to the IT Shopping Cart Policy.
C. SRM is an internal Commonwealth procurement information system.
13. Commonwealth agencies are responsible for identifying a need for IT projects/services and
the subsequent presentation to OA-IT for approval.
a. If OA-IT determines the Commonwealth does not have the resources and/or
manpower to support the IT project/service needed, OA-IT contacts OST to hire a
contractor through the IT Staff Augmentation Contract.
1. OA-IT initiates contact with OST, serves as OST's point of contact for the
position, and identifies the specific skills needed, experience, and job
functions the program area requisitioner is seeking.
b. OA-IT typically interviews the candidates OST identifies for the position and
provides the top three candidates to the agency requesting the IT services.
14. Although an established procedure exists in relation to IT staff augmentation hiring,
agencies are permitted to direct hire candidates if the agency has previously worked with
a vendor and has a continuing need for the service provided by the selected candidate.
a. Direct hiring of candidates follows the same approval process as does the
competitive interview process.
b. The established IT staff augmentation hiring procedure requires that a shopping
cart be used whether it is a direct hire by the agency or through the competitive
interview process.
C. Direct hiring of candidates through the IT Staff Augmentation Contract is not a
routine occurrence.
15. OST communicates directly with the agency to create a job description which fits within
one of the 300 approved position descriptions.
a. The job description acts as a Statement of Work for the position and includes a
narrative description of a project's work requirement, i.e., project specific
activities, deliverables, timelines for the vendor providing the services to the client,
and typically includes detailed requirements and pricing with standard regulatory
and governance terms and conditions.
16. OST subsequently provides a requisition quote to the program area requisitioner's fiscal
officer documenting the job description, the cost, and a quote.
Kenyon Anthos, I9-039
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a. The requisition quote shows the rate, the number of openings, the hours per week,
the duration of the job (in weeks), the estimated budget, and the estimated total
hours.
I. The duration of the job is generally not longer than the fiscal year but can
be less.
b. Each agency's fiscal officer is determined by the Office of Administration.
I. BMS does not maintain a fiscal officer due to its procurement
responsibilities.
17. The shopping cart is the beginning phase of the Commonwealth's procurement process in
the SRM system.
a. The shopping cart process must be used with respect to hiring regardless of whether
the service is through an existing statewide contract.
b. Each shopping cart goes through levels of approvals as determined by each agency.
18. The program area's fiscal officer uses the requisition quote, in part, to create a shopping
cart in the SRM system for the contracted OST position.
a. The agency must get authorization/exemption from OA-HR that the position is
exempt from labor relations obligations before it can start the shopping cart process.
b. Shopping carts are automatically routed through the approval chain to the next
applicable individuals/areas assigned approval responsibility upon each approval
obtained.
C. Individuals may send notification via email to the next approver
informing/notifying the next approver that the shopping cart is waiting for their
review/approval.
19. Once the fiscal officer creates the shopping cart in the Commonwealth's SRM system, the
shopping cart is routed into the Budget Off ce's workflow and the approval chain process
is initiated.
a. The shopping cart is first reviewed through SRM by the Budget Fiscal Management
Specialist assigned to the appropriation code associated with the request.
b. fending approval by the Budget Office, the shopping cart is routed to BMS to
ensure the proper documentation is attached and matches the information in the
shopping cart.
C. Once approved by BMS, the shopping cart is routed to OA-IT to verify the required
supporting documentation is attached, the correct OST position is being utilized for
the program area's needs, and the program area's needs can be met with the IT Staff
Augmentation Contract.
1. The routing chain includes OA-IT only for IT -related shopping carts.
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d. Pending approval by OA-IT, the shopping cart is routed to the next approver within
the SRM system.
1. Once the shopping cart has received all the required approvals it is routed
back to BMS for creation of a purchase order.
20. Purchase orders must be generated by BMS for the purchase of any goods and/or services
approved via the shopping cart process.
a. Purchase orders totaling in excess of $20,000 must be reviewed and approved by
the Comptroller's Office.
The Comptroller's Office verifies information on the purchase order
including, in part, the use of a shopping cart.
b. Purchase orders totaling $20,000 or less are automatically approved within the
SRM system and do not require the Comptroller's Office review and approval.
21. Once the purchase order is approved by the Comptroller's Office, it is routed to BMS for
execution and subsequent release to the appropriate vendor via email.
a. The fully executed purchase order represents the funding source for the position.
b. OST cannot execute a requisition with an agency until the agency releases the fully
executed purchase order and OST has verified that the purchase order matches the
requisition quote OST provided to the agency.
22. In relation to the IT staff augmentation process, OST can begin identification of possible
candidates for a position upon release of a fully executed purchase order.
a. If the agency meets established requirements for direct hiring and opts to direct hire
for the position, OST releases the position directly to the vendor to hire a candidate
absent the competitive process.
b. If the agency opts to utilize the competitive process, OST releases the position to
the vendor community for a period of three business days.
1. The vendors have until 6:00 p.m. on the submission deadline date to submit
a candidate to OST.
aa. Late submissions are immediately rejected.
23. Vendors presenting candidates for consideration must submit the candidate's resume,
Right -to -Represent form, and correct rate, and complete a Pennsylvania Access to Criminal
History (PATCH) report (a.k.a. criminal background check) regardless of whether the
candidate is to be hired directly or through the competitive process.
a. The OST account manager assigned to the agency subsequently reviews the
vendor's submissions to identify qualified candidates.
1. The candidate's work experience must match the agency's required skill
tab.
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24. Once the OST account manager identifies candidates meeting all parameters of the
requested position, the candidate information is forwarded to the requesting agency's
hiring manager for ultimate candidate selection.
a. Three to five candidates are routinely sent to the agency's hiring manager.
1. The number of candidates presented may vary depending on the hiring
manager's preference.
b. The agency hiring manager sends OST an engagement request upon selection of a
candidate.
25. The agency is responsible for management of the candidate (i.e., subcontractor) selected
by the agency hiring manager.
a. The subcontractor is responsible for ensuring that weekly timesheets are submitted
to OST within Vector VMS.
1. OST and its vendors can access and submit the subcontractor's weekly
timesheets if the subcontractor or the agency needs assistance.
b. The agency is responsible for reviewing and approving the subcontractor's
timesheets.
26. The agency's hiring manager or the subcontractor's agency supervisor reviews and
electronically approves the subcontractor's weekly timesheets every Friday via Vector
VMS.
a. OST requests assignment of a back-up supervisor to approve timesheets in the event
the direct supervisor cannot approve the timesheets in a timely manner.
27. OST generates invoice files each month from Vector VMS and emails the invoices to all
recipients originally copied on the purchase order(s).
a. OST's invoices serve as confirmation of the services provided to the
Commonwealth.
b. The vendors are required to separately invoice OST for the services the
subcontractor provided.
1. The vendor forwards the subcontractor's approved weekly timesheet to
OST.
28, LS Digital Solutions LLC ("LS Digital") is a limited liability company owned and operated
by Lucien Southard ("Southard") approved by the Commonwealth as a vendor for
computer aides.
a. LRS Digital Solutions LLC filed a Certificate of Organization with the
Pennsylvania Department of State on July 22, 2008, under Entity Number 3824601.
1. LRS Digital Solutions LLC filed a Certificate of Amendment on March 2,
2010, changing its name from LRS Digital Solutions LLC to LS Digital
Solutions LLC.
Kenyon Anthos, I9-039
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b. LS Digital's business address is 18 Dawn Drive, Millersburg, PA 17061.
29. LS Digital is a vendor to OST under the IT Staff Augmentation Contract.
a. LS Digital has been an approved OST vendor since at least 2015.
30. Southard/LS Digital has the ability to access Vector VMS to approve and submit its
subcontractors' timesheets.
a. Southard does not review the timesheets for accuracy.
b. The agency approved timesheets are emailed to OST with a copy to Southard.
1. OST invoices the Commonwealth monthly for the services based on the
timesheets and pay rates.
aa. The payment terms of the invoice are NET45.
i. OST receives payment from the Commonwealth within 45
days of submitting an invoice to the Commonwealth.
bb. OST pays each vendor the same day that OST receives payment
from the Commonwealth.
2. Once per month Southard invoices OST for the services provided by his
subcontractors.
3. Southard requires his subcontractors to submit monthly invoices to LS
Digital.
aa. Once Southard receives payment from OST, he pays his
subcontractors.
bb. Southard issues a LS Digital check to his subcontractors.
C. Southard also personally provides/performs actual services to/for PDE as a
subcontractor for LS Digital.
31. Kenyon Anthos contacted PDE Deputy Secretary of Administration Debbie Reeves
("Reeves") in mid-2018 with a request to hire a staff augmentation resource each year
during peak season which Reeves approved.
a. Kenyon Anthos received authorization from Reeves to request the staff
augmentation position.
b. LS Digital was an approved OST vendor at that time.
32. Contemporaneous to Kenyon Anthos's request for the staff augmentation position, Kenyon
Anthos encountered Southard and inquired if he/LS Digital was a vendor under the IT Staff
Augmentation Contract.
a. Kenyon Anthos and Southard were familiar with one another on a professional
basis.
Kenyon Anthos, 19-039
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33. Kenyon Anthos informed Southard that BMS had an opening for a short-term Help Desk
Analyst I ("HDAI ") position through the OST contract to assist the NPIS program.
a. Kenyon Anthos asked Southard if he knew any candidates for the HDAI position.
b. Southard reached out to various people to determine if there was an interest in the
position.
34. Southard ultimately spoke with Joshua Feidt ("Feidt"), a friend of Southard's daughter, in
relation to the HDAI position open in BMS.
35. On June 19, 2018, at 9:09 a.m., Southard emailed Kenyon Anthos and questioned if she
had a job description which he could present to Feidt for review.
a. Kenyon Anthos replied to Southard via email on June 19, 2018, at 11:33 a.m., and
attached the Act 1951NPIS System Help Desk Analyst position description.
1. Kenyon Anthos created the position description which she provided to
Southard.
36. On or about July 6, 2018, Southard emailed Justin Wolfe ("Wolfe"), OST MSP Account
Manager for PDE, among other agencies, and inquired into the status of the 2018 HDAI
position.
a. On July 6, 2019, at 10:25 a.m., Wolfe emailed Southard, stating that PDE had not
yet contacted him regarding filling a position.
I . Wolfe advised that he would contact Southard once he received a purchase
order and additional information from the agency.
b. At 12:14 p.m. that same day, Southard emailed Kenyon Anthos and requested her
to contact Wolfe directly.
1. Kenyon Anthos was required to seek a quote from OST in order to initiate
the shopping cart process for Southard to retain Feidt as a subcontractor.
37. On July 9, 2018, at 11:36 a.m., Kenyon Anthos emailed Wolfe requesting a quote for a
Help Desk Level I position at a bill rate of $27.97 per hour.
a. Kenyon Anthos specified her need for the position for ninety days (approximately
July 2018 — September 2018), five days per week, 7.5 hours per day.
b. Wolfe responded to Kenyon Anthos via email at 12:00 p.m. that same day with a
quote for the HDAI position.
38. On July 9, 2018, at 12:16 p.m., Kenyon Anthos emailed Deborah Wynn ("Wynn"),
Executive Policy Specialist, PDE Bureau of Budget and Fiscal Management, requesting
the creation of a shopping cart for the 2018 HDA I position as detailed below:
From: Anthos, Wendy
Sent: Monday, July 9, 2018 12:16 PM
To: Wynn, Deborah
Kenyon Anthos, 19-039
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Subject: OST Help PW: Quote Request
Hi Debby,
I need a favor from you! I really need a shopping cart created for this quote. It is for my
office, to work with me for 90 days on my NPIS program.
In addition to the quote, what do you need to attach to the PO? I am getting the account
codes from Amy Noble.
Is one of those OA/HR forms needed? If yes, do you have an example of one that I can
just edit?
Thanks so much! Wendy
a. On July 9, 2018, at 12:51 p.m., Wynn emailed Matthew Updegrove ("Updegrove"),
Chief of the Division of Employee Relations, to obtain a Contracting Release for
Exempt Services approval for the position, and she attached the quote for the staff
augmentation position.
I. On July 16, 2018, Updegrove emailed an exemption letter for the HDAI
position to James Domen ("Domen"), PDE, BMS, Procurement
Specialist/Procurement Manager.
39. On July 9, 2018, at 3:05 p.m., Kenyon Anthos emailed Wolfe and provided an update on
the position as shown below:
From: Anthos, Wendy [mailto:wanthos@pa.gov]
Sent: Monday, July 09, 2018 3:05 p.m.
To: Wolfe, Justin P.
Subject: RE: Quote Request
Hi Justin! Debby Wynn is working on the shopping cart and then Emily on my team will
turn it into a PO once all approvals on the cart are gotten.
Now, remember, I already have Lucien Southard's company slated for this resource.
How will that work? Once you get the PO, will you then reach out to Lou Southard about
it?
If we get the PO to you by end of this week, would a Monday, July 16 start date be possible?
I think the resource is ready to go, according to Lou.
Thanks. Wendy
40. Wynn created shopping cart #12252434 for the short-term HDA1 position on July 9, 2018,
at 3:13 p.m.
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a. Shopping cart #12252434 was routed through the various required approvers and
received final approval by OA-IT on July 12, 2018, at 8:39 a.m.
41. On July 13, 2018, at 4:17 p.m., Domen emailed OST fully executed Purchase Order
#4300593306 for the HDAI and the quote for said position.
a. The BMS Help Desk Position 69454 quote identified Wolfe as the client contact
and Wynn as the requisitioner owner.
b. Purchase Order #4300593306 associated with the HDAI position detailed, among
other information, Kenyon Anthos as the PDE contact person.
42. Feidt's contract employment as an HDAI with NPIS began on July 17, 2018, and
concluded on September 20, 2018.
a. Feidt's duties and responsibilities as an HDAI included, among others, the
following:
1. Receiving, returning, and/or initiating emails, telephone calls, etc., with
non-public school representatives to assist with any questions, concerns,
issues, etc., relative to the NPIS program.
2. Reviewing the accuracy of shopping carts submitted by schools for items
such as books to be purchased through NPIS before the shopping carts were
sent to vendors.
aa. Feidt did not review Commonwealth procurement shopping carts.
3. Reporting any issues encountered with the NPIS system.
43. Kenyon Anthos served as Feidt's immediate supervisor in relation to Feidt's day-to-day
employment responsibilities.
a. Kenyon Anthos personally trained and supervised Feidt.
b. Kenyon Anthos approved Feidt's timesheets as his supervisor.
44. Zachary Kenyon -Sayre ("Kenyon -Sayre") is Kenyon Anthos's son.
a. Kenyon -Sayre is an adult individual who currently resides at [address redacted] and
has done so since at least September 2018.
I . [Address redacted] is Kenyon Anthos's current resident address.
2. Kenyon Anthos has owned the property since at least 2005.
b. Kenyon -Sayre is not currently employed.
45. Kenyon -Sayre was previously employed by the Commonwealth of Pennsylvania from
September 24, 2018, to March 20, 2019.
a. Kenyon -Sayre was employed in a non -permanent, part-time position as a Limited -
Term Clerk within the Executive Offices, Office of Administration, Temporary
Kenyon Anthos, 19-039
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Services Division, Clerical Pool from September 24, 2018, to October 13, 2018, at
a wage of $12.00 per hour.
b. Kenyon -Sayre was promoted and subsequently served in a permanent, full-time
Clerk Typist 2 position with the Pennsylvania Department of Human Services,
Deputy Secretary for Child Development, effective October 13, 2018, to March 20,
2019, at a bi-weekly salary of $1,146.00.
Kenyon -Sayre voluntarily resigned from his Commonwealth employment
effective March 20, 2019.
46. Kenyon -Sayre had no meaningful employment and/or income spanning the time frame of
March 20, 2019, through June 30, 2019.
a. Kenyon -Sayre resided with his mother and step -father and was not responsible for
paying everyday living expenses including, but not limited to, rent, utilities, car
payment, car insurance, food, etc.
1. Kenyon -Sayre relied on his mother and step -father for most, if not all, of
his financial resources.
2. Kenyon Anthos purchased the vehicle Kenyon -Sayre operates and paid for
the car insurance and necessary maintenance.
b. Kenyon -Sayre maintains a personal checking account at PNC Bank under Account
[account number redacted].
1. Deposits into Kenyon-Sayre's account from March 20, 2019, through July
1, 2019, totaled $5,890.86,
aa. Sources of the deposits included Kenyon-Sayre's Commonwealth
wages, Ke.nyon-Sayre's federal income tax refund, fund transfers
from three accounts controlled by his parents, and ATM cash
deposits.
2. Kenyon-Sayre's PNC Account [account number redacted] is a joint
checking account in the name of Kenyon -Sayre and his mother, Kenyon
Anthos.
47, Kenyon Anthos emailed Southard on April 23, 2019, and inquired if Southard was open to
again engaging a 1099 Consultant for PDE's Act 195 help desk for the period of July 1,
2019, through November 8, 2019.
a. Kenyon Anthos informed Southard that she had someone in mind for the position
who had an IT degree from Penn State and was available for the entire period of
time.
Kenyon Anthos was referring to her son in the email.
b. Kenyon Anthos informed Southard that she needed to offer the individual at least
$20.00 per hour to "make it worth their while."
Kenyon Anthos, 19-039
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1. Southard replied via email on April 24, 2019, at 9.48 p.m., with an hourly
pay rate of $21.56 for the individual serving in the position.
C. Kenyon Anthos sent the email to Southard prior to submitting a request for
authorization to hire a staff augmentation position or obtaining a quote from OST.
48. On May 17, 2019, at 12:30 p.m., Kenyon Anthos emailed Wolfe, requesting a quote for an
HDA I position for the NPIS program through the Commonwealth's IT Staff Augmentation
Contract with OST.
a. Kenyon Anthos specified the need for the position for a twenty -two -week
engagement (July 1, 2019, through November 30, 2019), 40 hours per week.
Kenyon Anthos submitted the position job description to Wolfe as an
attachment to the email.
b. Kenyon Anthos specified in her email that she was again using Southard to hire the
resource through LS Digital.
49. Wolfe replied to Kenyon Anthos via email on May 20, 2019, at 10:31 a.m., with a quote
for the position at a rate of $27.97 for 21.8571 weeks, forty hours per week.
a. Wolfe documented the estimated budget and hours for the position as $24,453.72
and 874.28, respectively.
50. On May 22, 2019, at 6:15 p.m., Kenyon Anthos emailed Reeves seeking approval to again
hire a staff augmentation position for the peals season of the NPIS program.
a. Kenyon Anthos identified the position as a Help Desk Associate.
The staff augmentation associate was also to help with invoice processing
and purchase orders approvals when time allowed.
b. Kenyon Anthos identified the cost as approximately $25,000 for the July through
November timeframe.
Kenyon Anthos never advised Reeves that she had already been in contact with
Southard and had identified a potential candidate.
Kenyon Anthos's candidate was her son, Kenyon -Sayre.
51. On May 22, 2019, at 6:25 p.m., Kenyon Anthos emailed Naomi Rudisill and Jessica Sites,
PDE Bureau of Budget and Fiscal Management Division Chief and Assistant Director,
respectively, requesting identification of the account codes to be utilized for the 2019
HDAI position:
a. Kenyon Anthos identified the maximum program cost for the 2019 HDAI position
as well as the prior year account codes.
b. Rudisill responded to Kenyon Anthos via email the following day verifying the fee
amount for the 2019 HDAI position and directing use of the same account codes.
Kenyon Anthos, 19-039
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52. On May 22, 2019, at 6:53 p.m., Kenyon Anthos emailed Updegrove and Trudy Brunot
("Brunt"), Employee Relations Analyst, Office of Administration Human Resources,
requesting a Contracting Release for Exempt Services approval for the NPIS HDA1
position.
a. Kenyon Anthos attached the 2019 OST requisition quote for the HDAI position as
well as Updegrove's approval letter for the 2018 HDAI position.
b. Kenyon Anthos received no response from Updegrove or Brunot contemporaneous
to the email request.
C. Kenyon Anthos never advised Updegrove or Brunot that the person she selected for
the position was her son.
53. In or about May 2019 while taking multiple actions to secure the 2019 HDAI position,
Kenyon Anthos approached Chubb while at work and expressed her interest in hiring
Kenyon -Sayre for the HDAI contract position.
a. This was the first time Kenyon Anthos confirmed to anyone that she was creating
a position for her son.
b. Chubb initially questioned the potential hiring of Kenyon -Sayre due to the
immediate family relationship with Kenyon Anthos.
c. After discussing the matter with Kenyon Anthos, Chubb changed his opinion for
the following reasons:
1. The HDAI position was seasonal/temporary;
2. The position had no benefits; and
3. It was not a fall -time and/or permanent position.
54. At or about the end of May, Domen instructed Roxanne Walden ("Walden"), Purchasing
Agent for BMS, to manually "punch out" the purchase order through the SRM system for
the 2019 NPIS HDAI position.
a. Punching out a purchase order refers to an individual manually entering information
into the SRM system from scratch instead of the information being automatically
pulled from a fully approved shopping cart to a purchase order.
b. Punching out a purchase order skips Budget Office and OA-IT approval.
C. Domen instructed Walden to punch out the purchase order at Kenyon Anthos's
direction.
55. Walden refused to follow instructions of Domen, as her direct supervisor, to punch out the
purchase order, absent the creation of a shopping cart and utilization of the shopping cart
process.
a. Walden's refusal was based on the purchase order skipping OA-IT's approval and
there was no shopping cart.
Kenyon Anthos, 19-039
Page 16
b. Walden offered to show Mark Donegan ("Donegan"), Administrative Officer I for
BMS, and Domen how to punch out a purchase order with a shopping cart and the
proper approvals, but they refused her offer.
C. No purchase order was manually generated at that time.
56. BMS does not create shopping carts for any BMS contract.
a. BMS is responsible for procurements and is conflicted from authorizing purchase
orders originating from that department.
b. For the OST IT Staff Augmentation Contract, BMS has utilized a representative
from a separate PDE department or bureau to create the shopping cart to avoid a
conflict.
1. The 2018 NPIS HDA 1 position shopping cart was created by Deborah
Wynne, Executive Policy Specialist in PDE, Bureau of Budget and Fiscal
Management, at Kenyon Anthos's request.
57. On June b, 2019, at 5:57 p.m., Kenyon Anthos emailed a reminder to Updegrove regarding
the need for a Contracting Release for Exempt Services approval for the NPIS HDAI
position.
a. Kenyon Anthos represented that the need for the written approval was necessary so
they could "start the cart through approvals and get the PO in place."
I. Kenyon Anthos did not create a shopping cart or follow the shopping cart
process for the NPIS 2019 HDAI position.
b. Updegrove responded to Kenyon Anthos via email on June 7, 2019, at 8:34 a.m.,
that the request had been approved.
1. Updegrove emailed the formal approval to Kenyon Anthos on June 13,
2019, at 8:40 a.m.
2. Updegrove was not aware that Kenyon Anthos was attempting to secure a
position for her son.
58. Kenyon Anthos emailed Southard on .Tune 12, 2019, at 12:30 p.m., and again at 4:57 p.m.,
in relation to the 2019 staff augmentation position for NPIS.
a. In the two emails, Kenyon Anthos questioned and/or relayed, in part, the following:
1. If Southard had what he needed for "Zack" (Kenyon -Sayre) as the new staff
augmentation individual;
2. She was aware that Southard was completing a background check on
"Zack" (Kenyon -Sayre) and added her belief that the Commonwealth had
also done one in association with Kenyon-Sayre's recent prior employment;
and
3. She was about to have staff create the shopping cart which should be
approved and back some time the following week.
Kenyon Anthos, 19-039
Page 17
b. Kenyon Anthos had no intention of creating a shopping cart or using the shopping
cart process for the 2019 HDA1 position.
59. Kenyon Anthos did not disclose to Southard until approximately mid -June 2019 that the
individual she had in mind/candidate for the HDA1 position was her son.
a. Southard had no knowledge of or exposure to Kenyon -Sayre until Kenyon Anthos
recommended Kenyon -Sayre to Southard for the position.
60. On June 12, 2019, at 12:43 p.m., Kenyon Anthos emailed Domen and Donegan and
instructed them to initiate the purchase order for the 2019 staff augmentation position.
a. In the email Kenyon Anthos directed that a shopping cart was not to be created/used
for the NPIS 2019 HDA1 position.
1. Kenyon Anthos was aware that a shopping cart/the shopping cart process
was required for the 2019 HDA1 position.
aa. Kenyon Anthos had utilized a shopping cart/the shopping cart
process for the 2018 HDA1 position.
bb. Kenyon Anthos had distributed an email dated May 13, 2019, 9:20
a.m., relating to OST contracts to multiple PDE Budget Office and
BMS representatives in which she detailed that carts were important
because they route for approvals to the Budget Office and the
program area level prior to purchase order generation.
b. Kenyon Anthos intentionally circumvented the shopping cart process regarding the
2019 HDA1 position approximately one month after distributing the May 13, 2019,
email.
1. Kenyon Anthos's actions concealed her actions to get her son hired.
61. Kenyon Anthos was present at Donegan's workstation and assisted Donegan as he
manually entered the purchase order request for the 2019 HDA1 position into SRM on June
12, 2019.
a. Kenyon Anthos instructed Donegan how to manually punch out the purchase order
as Donegan was not familiar with the process to do so.
b. Kenyon Anthos directed Donegan to include her on his email to the vendor (OST)
which was not Donegan's normal procedure.
62. On June 19, 2019, at 8:35 a.m., Donegan emailed Commonwealth Comptroller Office
employee Christina Geegee-Dugan ("Geegee-Dugan") and others in Geegee-Dugan's
office, requesting approval of Purchase Order #4300627783 as soon as possible due to an
expected service start date of July 1, 2019.
a. Donegan received an automatic email reply from Geegee-Dugan noting her
scheduled absence from her office until June 20, 2019.
63. Contract Management Specialist Joseph Mayanja ("Mayanja") ultimately reviewed
Purchase Order 44300627783 on June 19, 2019, at 9:58 a.m., using the SRM 7.0 Purchase
Kenyon Anthos, 19-039
Page 18
Order Audit Checklist for a Help Desk Analyst L1 A4 SC2 for work with PDE Bureau of
Management Services NPIS.
a. Mayanja checked "Yes" under the "Items Detail -Account Assignment-GL" tab,
incorrectly indicating that a shopping cart was attached to Purchase Order
94300627783.
b. Mayanja approved Purchase Order #4300627783 even though the required
shopping cart was not attached.
1. The absence of a shopping cart was a fatal flaw for which Purchase Order
#4300627783 should have been rejected.
64. On June 19, 2019, at 12:51 p.m., Donegan sent an email to Kenyon Anthos and OST,
advising that the attached, fully executed purchase order (Purchase Order #4300627783)
would serve as the notice to proceed.
a. Approximately one hour later, on June 19, 2019, at 1:42 p.m., Kenyon Anthos
forwarded Donegan's email to Wolfe, instructing him that the staff augmentation
resource was to be sourced through Southard's company.
b. This action enabled Kenyon -Sayre to be hired as the staff augmentation specialist.
65. On June 25, 2019, at 9:26 a.m., Kenyon Anthos contacted Southard via email, inquiring
about the status of the position.
a. Kenyon Anthos complained to Southard that OST had been in possession of the
purchase order since last Wednesday (June 19"') and had taken no action to fill the
position.
b. Kenyon Anthos questioned Southard if she was going to be able to bring "Zack"
in on July 1 st.
66. Kenyon Anthos subsequently emailed Wolfe on June 25, 2019, at 2:26 p.m., inquiring into
the status of Purchase Order #4300627783 and advising that she wanted her person to
commence work on July 1st.
a. Kenyon Anthos questioned if Wolfe had engaged Southard.
b. Kenyon Anthos stated that Southard would be hiring the person.
C. Kenyon Anthos specified that she wanted "my guy to start July 1st."
1. Kenyon Anthos's "my guy" was her son, Kenyon -Sayre.
d. The email from Kenyon Anthos to Wolfe was part of an email string between
Kenyon Anthos and Wolfe regarding a separate, unrelated purchase order.
e. Kenyon Anthos never advised Wolfe that the "my guy" she was pushing to be hired
was her son.
67. Based on the Kenyon Anthos email pushing to expedite the process, Wolfe then emailed
Southard at 2:49 p.m. that same day, advising that he had released Req. #588561 for
Southard to upload his HDA1 contractor.
Kenyon Anthos, 19-039
Page 19
68. Southard emailed Kenyon Anthos at 3:53 p.m. on June 25, 2019, verifying that OST had
released the position and advising that he needed Kenyon-Sayre's full name, date of birth,
and social security number.
a. Kenyon Anthos and Southard proceeded to exchange several emails through which
Kenyon Anthos provided Southard with Kenyon-Sayre's full name, date of birth,
social security number, address, cell phone number and email address.
b. Southard requested Kenyon-Sayre's personal information for employment
purposes directly from Kenyon Anthos instead of Kenyon -Sayre.
69. On June 27, 2019, at 7:09 a.m., Southard contacted Kenyon Anthos via email and informed
her that he could not proceed in getting the OST set up until he received a completed and
signed Right to Represent form from Kenyon -Sayre.
a. Southard had emailed a Right to Represent form to both Kenyon -Sayre and Kenyon
Anthos (on behalf of Kenyon -Sayre) on June 25, 2019, for Kenyon -Sayre to
complete and return.
b. Kenyon -Sayre ultimately emailed the signed Right to Represent form to Southard
on June 27, 2019, at 9:32 a.m.
1. Kenyon Anthos sent a reply to Southard that same day at 10:47 a.m.,
confirming that Kenyon -Sayre had sent Southard the document.
70. On June 26, 2019, at 12:13 p.m., Kenyon Anthos emailed, questioning OST's purchase
order ("PO") as follows:
a. Kenyon Anthos questioned "Why can the procurement office not create a PO
directly instead of doing a cart AND a PO? As long as the statewide contract is
referenced on the PO, is that not the same thing? Is this requirement listed in the
Field Procurement Handbook? What are you basing this on? And what would be
the process be to ask for an exception? I cannot tell our Deputy for Admin that we
will have a work stoppage because of a technicality. I need to be able to tell her
"why" it absolutely must be done via a cart. The program area who was supposed
to do the cart did not and the gal is on vacation. Now it rests in our lap and I need
to come up with a solution."
I . Kenyon Anthos was questioning Geegee-Dugan's statement to Walden that
an agency does not have the discretion to issue a purchase order without
first issuing a shopping cart.
b. Geegee-Dugan replied June 26, 2019, at 1:00 p.m., with an explanation:
Good afternoon,
All OST PO must follow the process to order procedures listed via the attached
.Contract Overview. This Contract Overview is listed via e-Market place under
contract 4400014660. The process to order procedures have been designed by
DGS, which is the Contract Administrator of this particular contract.
Process to order procedures are as follows:
Kenyon Anthos, 19-039
Page 20
When an agency has a need for an IT resource they shall, with help from the
Contractor, determine the job classification and develop requirements for the
position.
After the agency has finalized the position they should create a PO, using the MSCC
catalog in SRM, and send the fully executed PO via email to PAITSA-
Support@ostglobal.com.
The Contractor will notify their supplier network of the opportunity, screen
candidates as they are submitted, and then provide the agency with qualified
candidates. The agency should interview the qualified candidates, select the best
candidate for the position, and then notify the Contractor of their selection.
The Contractor will notify the selected candidate and work with the agency to setup
a start date.
The selected candidate's supervisor shall review and approve a weekly time sheet,
via PeopleFluent (https://vms.peopleclick.com).
For detailed ordering instructions and additional information related to the ordering
process, please view the IT Staff Augmentation User Guide
Thank you,
C. The MSCC referenced in Geegee-Dugan's email is the Commonwealth's
materials/services contract catalog.
1. Once the requestor identifies the price, description, and unit of measure, i. e. ,
position description, a shopping cart is then automatically created, and the
requestor adds the number of hours and length of time for the position.
d. Kenyon Anthos is not known to have questioned the shopping cart process for any
staff augmentation other than the shopping cart affecting her son's hiring.
71. Kenyon -Sayre, Kenyon Anthos's son, began work as a subcontractor through LS Digital
as an HDA1 in NPIS on July 1, 2019, as a result of his mother's (Kenyon Anthos) use of
the authority of her public position.
a. Kenyon Anthos was directly involved in and responsible for Kenyon-Sayre's hiring
by Southard/LS Digital for placement into the HDA1 position in LAPIS.
I. Southard had no exposure to or knowledge of Kenyon -Sayre prior to
Kenyon Anthos recommending Kenyon -Sayre to Southard.
b. Kenyon Anthos identified and presented her son as the candidate for the 2019
HDA1 position to Southard and provided her son's required background
information.
C. Kenyon Anthos circumvented the required shopping cart process when she
specifically instructed her subordinate employee to prepare a purchase order for the
position without a shopping cart.
Kenyon Anthos, 19-039
Page 21
d. Kenyon Anthos intentionally falsified information to Updegrove and Wolfe to give
the appearance that the shopping cart process was being used to fill the position.
72. Kenyon Anthos directed that the HDA1 position into which her son was placed was to be
directly supervised by Terry Calloway ("Calloway"), BMS Administrative Officer 1.
a. Kenyon Anthos's direction created the appearance on paper of having no
direct/immediate supervision of Kenyon -Sayre in the 2019 HDA1 position.
b. Kenyon Anthos served as Calloway's immediate supervisor in 2019.
73. Although Calloway was documented as Kenyon-Sayre's direct report, Calloway had little
actual involvement in Kenyon-Sayre's training and/or daily responsibilities.
a. Kenyon Anthos, as Calloway's supervisor, routinely focused Calloway's duties
away from direct involvement with Kenyon -Sayre so that she could directly
supervise her son.
1. Kenyon Anthos subsequently made herself responsible for providing
Kenyon-Sayre's NPIS training and overseeing Kenyon-Sayre's daily
activities.
2. Calloway's involvement with Kenyon -Sayre was limited to approving
Kenyon-Sayre's work hours.
aa. Kenyon Anthos had assigned Calloway only the responsibility of
approving Kenyon-Sayre's time which would further conceal her
involvement as her son's supervisor.
3. Kenyon Anthos was able to approve Kenyon-Sayre's time worked because
she was the "reports to" person/hiring manager on the Vector VMS system.
b. Kenyon-Sayre's workstation was located in the BMS area on the fifteenth floor of
333 Market Street, Harrisburg, Pennsylvania 17126 (PDE building).
1. Kenyon Anthos's office was located in the same office area.
74. Although the HDA1 position had been authorized for engagement from July 1, 2019,
through November 30, 2019, Kenyon -Sayre served in the position only from July 1, 2019,
to August 28, 2019.
a. Kenyon -Sayre submitted an email to Southard on September 3, 2019, at 10:03 a.m.,
announcing his formal resignation from employment with LS Digital.
1. The email also noted Kenyon-Sayre's submission of an invoice to Southard
for his approved August hours (under separate email) as well as Kenyon-
Sayre's claim of a total of twenty-three hours worked on August 26th, 27th,
and 28t"', 2019, which he had been unable to submit to OST.
aa. Kenyon-Sayre's final timesheet was submitted by Wolfe on
September 3, 2019.
Kenyon Anthos, 19-039
Page 22
75. Kenyon Anthos and Calloway approved a total of nine timesheets covering the time period
of June 30, 2019, through August 31, 2019, for submission to OST in relation to Kenyon-
Sayre's HDA1 position, as detailed below:
Time Period
# of
Hours
Submitted
by
Date
Submitted
Approved by
Date
Approved
06-30 to 07-06-2019
20
Sayre
7/8/2019
Anthos
7/8/2019
07-07 to 13-2019
41.25
Sayre
7/12/2019
Antbos
7/12/2019
07-14 to 20-2019
35.5
Sayre
7/19/2019
Calloway
7/19/2019
07-21 to 27-2019
30.25
Sayre
7/29/2019
Calloway
7/29/2019
07-28 to 08-03-2019
35.25
Sayre
8/2/2019
Anthos
8/2/2019
08-04 to 10-2019
33.5
Sayre
8/9/2019
Calloway
8/12/2019
08-11 to 17-2019
29.75
Sayre
8/15/2019
Calloway
8/19/2019
08-18 to 24-2019
24
Sayre
8/26/2019
Calloway
8/26/2019
08-25 to 31-2019
23.25
Sayre
9/3/2019
Calloway
9/4/2019
a. Kenyon Anthos and Calloway were notified by Vector VMS via email when
Kenyon -Sayre submitted a timesheet for approval.
b. Kenyon Anthos approved three of the nine timesheets submitted in relation to
Kenyon-Sayre's contracted employment, accounting for Kenyon-Sayre's receipt of
$2,080.54 for 96.5 hours claimed.
C. Kenyon Anthos approved Kenyon-Sayre's timesheets at a time when Calloway was
to serve as Kenyon-Sayre's immediate supervisor and had been granted authority
to approve Kenyon-Sayre's time.
76. Kenyon -Sayre submitted a total of two invoices to LS Digital, totaling $5,880.49, for
services performed in the contracted HDA1 position from July 1, 2019, through August
28, 2019, as detailed below:
Invoice Date Invoice No. Hours Rate Total Amount
08/01/2019 2019-007 146.50 $21.56 $3,158.54
10/24/2019 20 1 9-008 126.25 $21.56 $2,721.95
272.75 $5,880.49
a. Invoice No. 2019-007 was submitted for 146.50 hours claimed from July 1, 2019,
through July 31, 2019.
1. LS Digital Check # 1923 dated September 27, 2019, in the amount of
$3,158.54, made payable to Zachary A. Kenyon -Sayre was deposited into
Kenyon-Sayre's PNC Bank account on October 1, 2019.
Kenyon Anthos, 19-039
Page 23
b. Invoice No. 2019-008 (revised) was submitted for 126.25 hours claimed from.
August 1, 2019, through August 28, 2019.
1. LS Digital Check #1935 dated October 25, 2019, in the amount of
$2,72195, made payable to Zachary A. Kenyon -Sayre was deposited into
his PNC Bank account on October 29, 2019.
77. On July 3, 2019, two days after her son began working as an HDAI, Kenyon Anthos
initiated actions to change her son's position to a higher classification in order to increase
his salary.
a. Kenyon Anthos wanted to change the job duties in order to create the appearance
that her son would be performing increased responsibilities.
78. On July 3, 2019, at 4:16 p.m., Kenyon Anthos emailed Wolfe, inquiring about building
additional hours into the existing purchase order for the HDAI position (Purchase Order
#4300627783) at a higher classification due to increased work responsibilities.
a. Kenyon Anthos asserted the individual in the HDAI position was to spend time
identifying aspects of the NP1S system that need to or could be unproved in addition
to existing duties.
I . These were duties created by Kenyon Anthos.
b. Kenyon Anthos proposed that the level for the position be changed to that of a
Business Analyst 1 ("BA l" ), and she requested that if the classification did not
sound appropriate, Wolfe provide an appropriate job title from his rate card.
1. Wolfe responded to Kenyon Anthos via email dated July 8, 2019, at 2:26
p.m., advising that he would not be able to judge such because of his lack
of familiarity with what the work would be.
2. Wolfe suggested consideration of the "catch all" rate category of Technical
Specialist with five separate levels from which to choose.
C. Kenyon Anthos's inquiry to change the position classification and add additional
hours to Purchase Order #4300627783 occurred only two days after Kenyon -Sayre
began work in the HDAI position.
I. Kenyon Anthos did not communicate with and/or receive approval from
Chubb, her immediate supervisor, in any capacity/format about changing
the NPIS HDAI position to a BAI position.
2. This approval was a requirement pursuant to PDE procedures.
3. The failure to seek approval concealed that Kenyon Anthos took official
action to benefit her son.
79. Kenyon Anthos took no additional action to amend or otherwise change the HDA1 position
classification and/or engagement time frame until approximately August 28, 2019, at 12:22
p.m., when she again contacted Wolfe via email.
Kenyon Anthos, 19-039
Page 24
a. Kenyon Anthos informed Wolfe in the email that "... I am going to go with
Business Analyst 1, Core, $43.20 per hour."
l . Kenyon Anthos created and attached a job description for the BA1 position
to the email.
b. Kenyon Anthos questioned if an amended quote could be generated for September
2019 through December 2019 for 35 hours per week (approximately 600 hours) or
if a new quote was required.
1. Kenyon Anthos requested that Wolfe supply the amended/new quote either
"today or tomorrow."
2. Wolfe replied on August 28, 2019, at 1:06 p.m., and attached the position
description for a BA Core position from the OST contract.
aa. The job description which Wolfe attached was an existing job
description from the OST IT Staff Augmentation Contract.
C. Kenyon Anthos did not communicate with and/or receive approval from Chubb in
any capacity/format prior to or after submitting the email to Wolfe which directed
the change of the 2019 NPIS HDAI position to a BAi position.
d. Kenyon Anthos's actions would have resulted in a $11.74 per hour increase for her
son.
80. Kenyon Anthos again contacted Wolfe on August 28, 2019, at 3:04 p.m., instructing Wolfe
to insert the following description of work she had previously provided:
"The Business Analyst is responsible for the set of tasks and techniques used to work as a
liaison among stakeholders in order to understand the structure, policies, and operations of
an organization and to recommend solutions that enable the organization to achieve its
goals. The Business Analyst should possess an understanding of data and business
intelligence concepts.
BA I Years of Relevant Experience: 3 - 5 years. Preferred Education: 4- year college degree
or equivalent work experience.
Role Description: The Business Analyst will wort{ closely with the Bureau of
Management Services Division Chief and the NPIS Administrators to understand the
appropriate stakeholder groups and ensure a full set of requirements is gathered and
documented for proposed upgrades to the NPIS system as well as assisting with the
implementation of all NPIS users' migration to MyPDESuite. In addition the candidate
supplies all Level 3 support to 1033 vendors, 1300 schools, the 8 Diocese of the state of
PA, as well as assists the Assistant Director, Division Chief and Administrative Officer
with identifying bugs and potential functional improvements and processes in the NPIS
system.
Experience conducting requirements gathering and analysis. • Knowledge of formal
requirements gathering methodologies. -Experience developing user requirements and
documentation - Experience developing business requirements and documentation. •
Experience developing functional/non-functional requirements and documentation. -
Kenyon Anthos, 19-039
Page 25
Strong organization, writing, and communication skills. MS Office experience is also a
requirement of this position."
a. Wolfe responded on August 28, 2019, at 3:11 p.m., with the BAl quote attached
which included the position description provided by Kenyon Anthos.
b. OA-IT provides all support in relation to MyPDESuite.
1. MyPDESuite is the software Kenyon Anthos referenced in the BAl job
description she created and requested Wolfe to use for Kenyon-Sayre's
position reclassification.
81. On August 28, 2019, at 5:00 p.m., Kenyon Anthos sent an email and attachments to ED,
PDE Budget and Deborah Jenkins, Fiscal Management Specialist, PDE Budget and Fiscal
Management, with a cc to Donegan requesting that the Budget Office review the
attachments and send them directly to Donegan to perform the change to Purchase Order
44300627783,
From: ED, Financial Transformation Project
To: ED, PDE Budget; Jenkins, Deborah
Cc: Donegan, Mark
Subject: PO Change form Extend 4300627783 OST Inc 10141 State Funds
Date: Wednesday, August 28, 2019 5:00:00 PM
Attachments: P04300627783 OST BMS.xlsm
PDE BAl .pdf
Budget Office ............ Please review and send directly to Mark Donegan to do the PO
change, rather than the Procurement First mailbox.
Be sure to include the revised quote when you send the PO Change Form.
Thanks!
a. Procedurally, the purchase order change form is to be sent directly from the
requesting fiscal officer and not a resource account.
b. Procedurally, the Procurement First mailbox is the mailbox to which Budget Office
responses to BMS requests are delivered.
C. Attached to the email was the Purchase Order #4300627783 change form and the
BA1 position description.
1. Kenyon Anthos signed Calloway's name on the Purchase Order
44300627783 change form.
Kenyon Anthos, 19-039
Page 26
aa. Kenyon Anthos signed Calloway's name to the Purchase Order
44300627783 change form without Calloway's knowledge or
consent.
bb. Kenyon Anthos signed Calloway's name to the Purchase Order
#4300627783 change form in order to conceal Kenyon Anthos's
involvement with the reclassification of the position.
d. Kenyon Anthos never advised that the position was for her son.
82. The Purchase Order 44300627783 change form reclassified the 2019 HDA1 position to a
BAI position with increases in billable rates and hourly wages paid totaling $15.23 and
$11.74, respectively.
a. The billable rates for the HDAI and BAI positions were $2797 and $43.20,
respectively.
b. The hourly wages paid for service in the HDAI and BAI positions were $21.56
and $33.30, respectively.
C. The Purchase Order #4300627783 change form extended the end date of service an
extra month, until December 31, 2019.
1. The Purchase Order 44300627783 change form that Kenyon Anthos
submitted reduced the HDAI hours from 874.28 hours to 289.00 hours.
2. The Purchase Order #4300627783 change form that Kenyon Anthos
submitted added the BAI position and 600.07 additional billable hours.
d. Full execution of the Purchase Order #4300627783 change form would have
allowed for service billings of up to $25,923.02 for the BAl position and additional
wages to Kenyon -Sayre of up to $7,044.82.
83. On August 29, 2019, at 8:14 a.m., Amy High, Fiscal Management Specialist 3, PDE Bureau
of Budget and Fiscal Management, replied to Donegan with a cc sent to Jenkins, Calloway,
and ED, Financial Transformation Project.
a. The attached Purchase Order change form was reviewed and approved by the
Budget Office for further processing.
I. High attached the PDE BAI and Purchase Order #4300627783 Change
Form 10141 Increase Aug with her approval signature.
84. On August 30, 2019, at 3:24 p.m., Donegan liquidated Purchase Order #4300627783
associated with the 2019 HDAI position.
a. Donegan's liquidation of Purchase Order #4300627783 terminated Kenyon
Anthos's attempt to change Purchase Order #4300627783 to reclassify the original
HDA1 position into a BAI position sought by Kenyon Anthos.
85, Kenyon Anthos, through the use of her public position, attempted to secure an additional
financial gain for her son, Zachary Kenyon -Sayre, of approximately $7,044.82 when she
Kenyon Anthos, 19-039
Page 27
submitted an altered purchase order change form to reclassify the 2019 HDAI position to
a BAI position.
a. Kenyon Anthos signed another employee's name (Calloway) to the Purchase Order
#4300627783 change form to conceal her role in the approval process.
b. Through the HDAI position Kenyon -Sayre was eligible to make up to
approximately $18,849.48 ($21.56 hourly rate at 874.28 hours allotted from July
through November 2019).
1. Kenyon -Sayre worked 272.75 hours from July through August and received
$5,880,49 in the 2019 HDAI position.
C. With the proposed purchase order change, Kenyon -Sayre was eligible to make up
to approximately $19,982.33 ($33.30 hourly rate at remaining 600.07 hours) over
the term of the amended contract from September to December 2019.
L Kenyon -Sayre was eligible for receipt of up to approximately $7,044.82 in
additional funds as a result of the increase in hourly rate ($11.74 addition to
hourly rate at remaining 600.07 hours) due to the position change from
HDA I to BA 1.
86. On or about August 30, 2019, Kenyon Anthos's actions to secure employment for her son
became the subject of review by PDE and the Governor's Office of Administration, Human
Resources.
87. Kenyon Anthos subsequently received verbal notice of suspension on August 30, 2019,
from Matthew Updegrove, Chief, Division of Employee Relations, General Government
HR Delivery Center.
a. Updegrove sent a certified letter to Kenyon Anthos dated September 3, 2019,
confirming her verbal suspension and the reasons for the suspension as follows:
1. Submitting on June, 12, 2019, a request for a contract with OST
subcontractor LS Digital Solutions for a Help Desk Analyst for the Non -
Public Textbook Program beginning July 1, 2019, after arranging for LS
Digital Solutions to hire her son, Zachary Kenyon -Sayre, which resulted in
Purchase Order 4430062773 in violation of the Governor's Code of
Conduct 1980-18 Amended, Part 1 Restricted Activities (Conflicts of
Interest);
aa. Kenyon Anthos's training records confirmed her completion of
"Ethics in the Workplace" including information from the Ethics
Act regarding conflicts of interest.
2. Submitting on August 28, 2019, a Change Order for Purchase Order
#430062773 to reclassify the contractor title from Help Desk Analyst I to
Business Analyst 1 and increasing the contract price from $27.97/hour to
$43.20/hour, effectively giving her son, Zachary Kenyon -Sayre, a raise in
violation of the Governor's Code of Conduct 1980-18 Amended, Part 1
Restricted Activities (Conflicts of Interest); and
Kenvon Anthos, 19-039
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3. Using another employee's name without her knowledge to complete and
submit a Purchase Order Change Form for Purchase Order #4300627783 to
change the classification and salary of a contractor who was her son
(Falsification of an Official Record).
88. Kenyon Anthos emailed Updegrove a letter dated September 5, 2019, in response to the
September 3, 2019, letter.
a. Kenyon Anthos stated she was unaware that engaging her son to work as a
temporary IT staff augmentation worker was a conflict of interest.
b. Kenyon Anthos alleged the purchase order change form was not an official
document but an internal form she created at least 15 years ago as an internal tool
used between the PDE Budget Office and the PDE Procurement Office.
Kenyon Anthos stated her name was listed on the bottom of the form.
aa. Kenyon Anthos's name was not on the form.
C. Kenyon Anthos stated Calloway was in the loop because her name was on the email
from the Budget Office.
1. Calloway was not aware of the purchase order change form or that Kenyon-
Sayre's job was to change to a BA position.
89. On September 11, 2019, Reeves sent a certified letter to Kenyon Anthos, advising her that
an investigation was being conducted into allegations concerning Kenyon Anthos's
conduct as an employee of PDE and listing the allegations.
a. On September 13, 2019, Kenyon Anthos emailed Updegrove a letter of resignation
and an official response to Updegrove's and Reeves's letters.
b. On September 16, 2019, Updegrove sent a certified letter to Kenyon Anthos
informing her that her resignation could not be accepted because she was currently
on suspension pending investigation and the investigation was ongoing.
90. On October 2, 2019, Kenyon Anthos and Updegrove subsequently signed and executed a
"Settlement Agreement and General Release" between Kenyon Anthos and PDE.
a. The settlement acknowledged that Kenyon Anthos submitted her written
resignation from her Commonwealth employment effective September 13, 2019,
and the Commonwealth accepted her written resignation.
91. Kenyon Anthos maintains at least three joint bank accounts with her husband, William J
Anthos, at PNC Bank.
92. Kenyon -Sayre and Kenyon Anthos have a PNC Bank joint checking account (the "Joint
Checking Account").
a. Both Kenyon -Sayre and Kenyon Anthos have had signature authority on the Joint
Checking Account since at least June 18, 2015.
b. Kenyon Anthos had access to the Joint Checking Account.
Kenyon Anthos, 19-039
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93. In addition to providing a vehicle, home, etc., Kenyon Anthos also provided financial
support to her son by making regular deposits to Kenyon-Sayre's accounts.
94. From March 14, 2018, through May 15, 2020, Kenyon Anthos made ninety-two transfers,
totaling $10,058.12, from three PNC Bank accounts over which she had signature authority
to the Joint Checking Account, as detailed below:
a. The Joint Checking Account received twenty-eight electronic transfers totaling
$3,470.00 from one of Kenyon Anthos's PNC Bank accounts between August 10,
2018, and May 15, 2020.
I . This PNC Bank account is in the name of Wendy Kenyon Anthos/William
J. Anthos.
b. The Joint Checking Account received thirty electronic transfers totaling $3,402.12
from one of Kenyon Anthos's PNC Bank accounts between August 20, 2018, and
March 27, 2020.
I . This PNC Bank account is in the name of Wendy Kenyon Anthos/William
J. Anthos.
C. The Joint Checking Account received thirty-four electronic transfers totaling
$3,186.00 from one of Kenyon Anthos's PNC Bank accounts between March 14,
2018, and April 28, 2020.
1. This PNC Bank account is a loan/line of credit in the name of Wendy K.
Anthos and William J. Anthos.
95. On October 7, 2019, approximately six days after Kenyon-Sayre's first check from LS
Digital was electronically deposited, $1,500.00 was transferred to an account over which
Kenyon Anthos had signatory authority.
a. The LS Digital check was deposited into the Joint Checking Account on October
1, 2019.
I . Prior to the deposit of the LS Digital check, the balance in the Joint
Checking Account was $51.21.
b. The $1,500.00 was transferred from the Joint Checking Account to a PNC Bank
account in the name of Wendy Kenyon Anthos/William J. Anthos.
I . Kenyon Anthos personally transferred the $1,500.00.
96. Kenyon Anthos provided substantial financial support to Kenyon -Sayre during the period
of April 22, 2019, through September 30, 2019.
a. Kenyon -Sayre resigned from his Commonwealth employment on March 20, 2019.
Kenyon -Sayre received his last Commonwealth paycheck on April 5, 2019,
in the amount of $758.97.
aa. Kenyon-Sayre's last Commonwealth paycheck supported him until
April 22, 2019.
Kenyon Anthos, 19-039
Page 30
b. Kenyon-Sayre's first check from LS Digital (41923) was dated September 27,
2019, in the amount of $3,158.54.
1. Check number 1923 was deposited into the Joint Checking Account on
October 1, 2019.
C. Kenyon Anthos transferred $4,701.44 from her account to the Joint Checking
Account between April 22, 2019, and September 30, 2019.
1. April 22, 2019, through September 30, 2019, totals 162 days.
2. Kenyon Anthos provided financial support to Kenyon -Sayre in an average
amount of $29.02 per day.
97. Kenyon Anthos again provided financial support to Kenyon -Sayre during the period from
December 18, 2019, until at least May 15, 2020, after he resigned from his position with
LS Digital.
a. Kenyon -Sayre resigned from his OST contractor position on September 3, 2019.
b. Kenyon-Sayre's last check from LS Digital (41935) was dated October 25, 2019,
in the amount of $2,721.95.
1. Check number 1935 was deposited into the Joint Checking Account on
October 29, 2019.
2. Kenyon-Sayre's last check from LS Digital supported him until December
17, 2019.
C. Kenyon Anthos transferred $3,358.11 from her PNC accounts to the Joint Checking
Account between December 18, 2019, and May 15, 2020,
98. Kenyon Anthos did not provide Kenyon -Sayre financial support from October 1, 2019,
through and including December 17, 2019, resulting in a financial benefit/savings to her of
approximately $2,005.38 ($25.71 average per day x 78 days = $2,005.38) over the noted
time frame.
a. The average of the two daily support figures over the two time periods totals $25.71
per day.
1. Prior to Kenyon -Sayre depositing his first compensation check from LS
Digital, Kenyon Anthos provided financial support to Kenyon -Sayre in the
average amount of $29.02 per day.
2. After Kenyon -Sayre depleted his compensation from LS Digital, Kenyon
Anthos provided financial support to Kenyon -Sayre in the average amount
of $22.39 per day.
b. The period of October 1, 2019, through December 17, 2019, totals 78 days.
99. Statement of Financial Interests ("SFI") forms are required to be annually filed by public
employees of the Commonwealth with the department, agency, body or bureau in which
they are employed as mandated by 65 Pa.C.S. § 1104(a).
Kenyon Anthos, 19-039
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a. SFI forms are required to be filed by no later than May I` of each year that a public
employee of the Commonwealth holds public employment and the year after
leaving such a position.
b. SFI forms require filers to report specified financial information pertaining to the
preceding calendar year.
I. Kenyon Anthos was required to file SFIs annually for each calendar year in
which she held the Administrative Officer 3 and Administrative Officer 4
positions with PDE.
100. Information to be disclosed on SFIs filed by public officials and public employees is
mandated by 65 N.C.& § 1105.
a. Section 1105(b)(1) through Section 1105(b)(10) identify specific information to be
disclosed as well as exceptions to disclosure requirements when applicable.
1. Section 1105(b)(5) mandates, in part, disclosure of the following on SFIs
filed:
"The name and address of any direct or indirect source of income totaling
in the aggregate $1,300 or more...."
2. Section 1105(b)(5) requires the disclosure of "any office, directorship, or
employment in any nature whatsoever in any business entity."
101. On January 14, 2020, Kenyon Anthos's SFI forms for calendar years 2014 through 2018
were obtained by the Investigative Division from the Office of Administration — Human
Resources Service Center.
a. The Investigative Division obtained Kenyon Anthos's SFI form for calendar year
2019 on July 6, 2020..
102. Kenyon Anthos filed SFI forms for calendar years 2014 through 2019 as follows:
Date Filed Calendar Year
04/28/2015
2014
05/03/2016
2015
04/25/2017
2016
04/12/2018
2017
04/22/2019
2018
06/27/2020
2019
a. Kenyon Anthos filed her SFIs for calendar years 2014, 2016, 2017, and 2018 in
compliance with Section 1104(a) of the Ethics Act.
b. Kenyon Anthos's calendar year 2015 SFI was not filed by the May I" deadline.
Kenyon Anthos, 19-039
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103. Kenyon Anthos failed to disclose all direct or indirect sources of income totaling $1,300.00
or more on her SFI forms filed for calendar years 2017 and 2018 as mandated by 65 Pa.C.S.
§ 1105(b)(5).
a. Kenyon Anthos failed to disclose her receipt of income from A&R Nissley, Inc.,
d/b/a Nissley Vineyards, in excess of $1,300.00 in 2017 and 2018 on her 2017 and
2018 calendar year SFIs.
I. Kenyon: Anthos's 2017 W-2 Wage and Tax Statement issued by A&R
Nissley, Inc. documented Kenyon Anthos's receipt of income from A&R
Nissley Inc. in the amount of $1,583.28.
2. Kenyon Anthos's 2018 W-2 Wage and Tax Statement issued by A&R
Nissley, Inc. documented Kenyon Anthos's receipt of income from A&R
Nissley Inc. in the amount of $1,637.71.
104. On September 9, 2020, Kenyon Anthos filed amended SFIs for calendar years 2017, 2018,
and 2019, which disclosed her employment with A&R Nissley, Inc.
a. On January 14, 2021, Kenyon Anthos filed a second 2019 SFI which disclosed her
employment with A&R Nissley, Inc.
III. DISCUSSION:
As an Administrative Officer 3 for the Pennsylvania Department of Education ("PDE")
from November 5, 2007, to August 17, 2019, and as an Administrative Officer 4 for PDE from
August 17, 2019, to September 13, 2019, Respondent Wendy Kenyon Anthos, also referred to
herein as "Respondent," "Respondent Kenyon Anthos," and "Kenyon Anthos," was a public
employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"),
65 Pa.C.S. § 1101 et M.
The allegations are that Kenyon Anthos violated Sections 1103(a), 1105(b)(5), and
1105(b)(8) of the Ethics Act: (1) when she utilized the authority of her public position for the
private pecuniary benefit of herself and/or a member of her immediate family by participating in
discussions and actions resulting in LS Digital Solutions, Inc. contracting with her son, and then
initiating a purchase order for an IT staff augmentation position, specifically directing the use of
LS Digital Solutions Inc. as the vendor, resulting in her son being engaged as the individual
assigned to PDE as the LS Digital Solutions, Inc. subcontractor; (2) when she utilized the authority
of her public position to initiate a change order to reclassify the position held by her son in an
effort to increase his compensation; (3) when she failed to identify A&R Nissley, Inc. as a source
of income on Statements of Financial Interests ("SFIs") filed for calendar years 2017 and 2018;
and (4) when she failed to identify her employment with A&R Nissley, Inc., and the
Commonwealth of Pennsylvania as a source of income, on her SFI for calendar year 2019.
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:
Kenyon Anthos, 19-039
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§ 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 official/employee, any member of public official/employee's immediate
family, or a business with which the public off cial/employee or a member of the public
official/employee's immediate family is associated. A son is a member of "immediate family" as
the Ethics Act defines that term. 65 Pa.C.S. � 1102.
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.
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.
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.
Kenyon Anthos, 19-039
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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.
From at least February 11, 2002, until September 13, 2019, Kenyon Anthos was employed
with PDE in the Bureau of Management Services ("BMS"). BMS is the procurement arm of PDE.
From November 5, 2007, to August 17, 2019, Kenyon Anthos, as an Administrative Officer 3,
served as the Chief of the BMS Division of Procurement, Grants, and Payables, in which capacity
she was responsible for administering all commodities purchasing and contracting for services
engaged in by PDE. From August 17, 2019, until September 13, 2019, Kenyon Anthos, as an
Administrative Officer 4, served as the Assistant Director of BMS, in which capacity she was
responsible for the oversight, direction, and coordination of all BMS activities.
PDE oversees public school districts, public charter schools, public cyber charter schools,
and other educational institutions. The responsibilities of the BMS Division of Procurement,
Grants, and Payables include managing the annual Non -Public Information System ("NPIS")
program, a PDE online system through which private and nonpublic schools may order textbooks,
eBooks, and other instructional materials. In her capacities with BMS, Kenyon Anthos was
responsible for managing the work of NPIS program staff. The duties of NPIS program staff
include reviewing purchase orders received and responding to questions submitted to the NPIS
program by email. BMS routinely obtains extra staff for the NPIS program each year for July to
December to assist with the additional workload that coincides with the annual opening of the
NPIS program. Extra staff may be needed to provide information technology ("IT") related
services.
Since at least October 1, 2015, the Commonwealth has maintained an IT staff augmentation
contract (the "IT Staff Augmentation Contract") with Optimal Solutions & Technologies, Inc.
("OST") for the provision of IT staff. The IT Staff Augmentation Contract currently has
approximately 300 approved pre -titled position descriptions, and OST has approximately 600
vendors that it can use to provide IT staff to Commonwealth agencies. OST vendors supply
staffing services to Commonwealth agencies through individuals who are subcontractors to the
OST vendors.
When a Commonwealth agency needs to procure IT staff for a position through the IT Staff
Augmentation Contract, OST is informed of the specific skills needed and the job functions sought
by the agency. OST communicates directly with the agency to create a job description which fits
within one of the 300 approved pre -titled position descriptions under the IT Staff Augmentation
Contract and includes a timeline for the vendor providing the services to the agency and pricing
for the services. OST then provides a quote to the agency which documents the job description,
rate charged, hours per week, duration of the work in weeks, estimated budget, and estimated total
hours for the position. The OST position quote is used by the agency to begin the "shopping cart"
process that ultimately leads to the creation of a purchase order for the position.
A Commonwealth policy requires that all IT -related procurement requests, including
requests for the provision of IT staff through the IT Staff Augmentation Contract, be initiated by
creating a "shopping cart" in the Commonwealth's Supplier Relationship Management ("SRM")
system. The shopping cart is the beginning phase of the Commonwealth's procurement process
Kenyon Anthos, 19-039
Page 3 5
in the SRM system, and a shopping cart goes through various levels of approvals. A shopping cart
for the provision of 1T staff is created based upon an OST position quote.
Because BMS is responsible for administering PDE's purchasing activities, it has a conflict
with regard to initiating its own procurements through the shopping cart process. Accordingly,
when obtaining extra staff for a position through the IT Staff Augmentation Contract, BMS utilizes
a representative from a separate PDE department or bureau to create a shopping cart in the SRM
system for the position. Once a shopping cart is created, the approval chain process is initiated.
After the shopping cart has received all the required approvals, including approval by the Budget
Office and the Governor's Office of Administration — Information Technology ("OA-17), BMS
creates a purchase order for the position, which is released to OST by email. OST can begin
identifying candidates for a position upon release of a fully executed purchase order. If BMS opts
to utilize a competitive process, OST releases the position to its vendor community for the
submission of candidates to OST. If BMS opts to directly hire for the position, OST releases the
position directly to a vendor for the submission of a candidate to OST. The OST account manager
assigned to BMS identifies any qualified candidates and submits their information to BMS's hiring
manager, who selects a candidate and then sends OST an engagement report. The candidate who
is selected is a subcontractor to the vendor. BMS is responsible for managing the subcontractor
and approving the subcontractor's timesheets. The subcontractor is responsible for ensuring that
weekly timesheets are submitted to OST, which invoices the Commonwealth based upon the
timesheets. OST pays the vendor after receiving payment from the Commonwealth, and the
vendor pays the subcontractor.
LS Digital Solutions LLC ("LS Digital") is a vendor to OST under the IT Staff
Augmentation Contract. LS Digital is owned and operated by Lucien Southard ("Southard"). In
mid-2018, Kenyon Anthos requested and received authorization from PDE Deputy Secretary of
Administration Debbie Reeves ("Reeves") to hire a staff augmentation position for the NPIS
program. Kenyon Anthos, who was familiar with Southard on a professional basis, encountered
Southard and informed him that BMS had an opening for a short-term Help Desk Analyst 1
("HDA1") position through the IT Staff Augmentation Contract to assist with the LAPIS program.
Kenyon Anthos asked Southard if he knew any candidates for the HDAI position. After Southard
identified Joshua Feidt ("Feidt") as a candidate, Kenyon Anthos obtained a quote for the HDAI
position from OST and contacted the PDE Bureau of Budget and Fiscal Management to create a
shopping cart to fill the HDAI position. The shopping cart received all of the required approvals,
and Feidt ultimately worked as an HDAI for the NPIS program from July 17, 2018, to September
20, 2018. Kenyon Anthos served as Feidt's immediate supervisor, and she approved his
timesheets.
Zachary Kenyon -Sayre ("Kenyon -Sayre") is Kenyon Anthos's son. Kenyon -Sayre was
employed with the Commonwealth in a non -permanent, part-time position as a Limited Term
Clerk from September 24, 2018, to October 13, 2018. Kenyon -Sayre was then employed with the
Commonwealth as a full-time Clerk Typist 2 from October 13, 2018, until March 20, 2019, when
he voluntarily resigned from his Commonwealth employment. From March 20, 2019, through
June 30, 2019, Kenyan -Sayre had no meaningful employment or income, and he resided with his
mother and step -father and relied on them for most, if not all, of his financial resources.
On April 23, 2019, Kenyon Anthos emailed Southard and asked him if he was open to
engaging a candidate for a position with the NPIS program help desk for the period of July 1, 2019,
Kenyon Anthos, 19-039
Page 36
through November 8, 2019, Kenyon Anthos informed Southard that she had someone in mind for
the position who had an IT degree from Penn State and was available for the entire period of time.
Kenyon Anthos further informed Southard that she needed to offer the individual at least $20.00
per hour to "make it worth their while." The individual who Kenyon Anthos had in mind for the
position was her son. Kenyon Anthos sent the email to Southard prior to requesting authorization
from Reeves to hire a staff augmentation position for the NPIS program. Southard replied via
email on April 24, 2019, with an hourly pay rate of $2 L56 for the individual serving in the position.
On May 17, 2019, Kenyon Anthos emailed Justin Wolfe ("Wolfe"), OST MSP Account
Manager for PDE, requesting a quote for an HDAI position for the NPIS program through the IT
Staff Augmentation Contract. Kenyon Anthos specified a need for the position from July 1, 2019,
through November 30, 2019, for 40 hours per week. Kenyon Anthos indicated that she would
again be using Southard to hire for the position through LS Digital. On May 20, 2019, Wolfe
provided Kenyon Anthos with a quote for the position which documented an estimated budget of
$24,453.72 for the position.
On May 22, 2019, Kenyon Anthos emailed Reeves, seeking approval to hire an HDAI
position for the peak season of the NPIS program from July 2019 through November 2019 at a
cost of approximately $25,000.00. Kenyon Anthos did not advise Reeves that she had already
been in contact with Southard and had identified her son as a potential candidate. Kenyon Anthos
subsequently emailed Matthew Updegrove ("Updegrove"), Chief of PDE's Division of Employee
Relations, requesting a Contracting Release for Exempt Services approval for the HDA 1 position.
Kenyon Anthos represented that the approval was needed in order for BMS to "start the cart
through approvals and get the PO in place."
In or about May 2019, Kenyon Anthos approached BMS Director Eric Chubb ("Chubb")
and expressed her interest in hiring Kenyon -Sayre for the HDAI position. Chubb initially
questioned the potential hiring of Kenyon -Sayre due to his immediate family relationship with
Kenyon Anthos. After discussing the matter with Kenyon Anthos, Chubb changed his opinion
because the HDAI position was seasonal/temporary and had no benefits.
At or about the end of May, at the direction of Kenyon Anthos, BMS Procurement
Specialist/Procurement Manager James Domen ("Domen") instructed BMS Purchasing Agent
Roxanne Walden ("Walden") to manually "punch out" a purchase order for the HDAI position
through the SRM system. Punching out a purchase order involves an individual manually entering
information into the SRM system from scratch instead of the information being automatically
pulled from a fully approved shopping cart to a purchase order. Punching out a purchase order
skips approval of the proposed procurement by the Budget Office and OA-IT. Walden refused to
follow Domen's instructions because there was no shopping cart and the purchase order would
skip the proper approvals. Walden offered to show Domen and BMS Administrative Officer I
Mark Donegan ("Donegan") how to punch out a purchase order, but they refused her offer, and no
purchase order was manually generated at that time.
In approximately mid -June 2019, Kenyon Anthos disclosed to Southard that her son,
Kenyon -Sayre, was the individual who she had in mind for the HDAI position, and she provided
Southard with her son's required background information. Southard had no knowledge of
Kenyon -Sayre until Kenyon Anthos recommended him for the position. Kenyon Anthos emailed
Southard on June 12, 2019 and asked him if he had what he needed for her son to work in the
HDAI position. Although Kenyon Anthos informed Southard that she was about to have staff
Kenyon Anthos, 19-039
Page 37
create the shopping cart for the HDAI position, she had no intention of using the shopping cart
process for the HDAI position.
On June 12, 2019, Kenyon Anthos emailed Domen and Donegan and instructed them to
initiate a purchase order for the HDAI position. Although Kenyon Anthos was aware that a
shopping cart was required for the position, she instructed Domen and Donegan that a shopping
cart was not to be created for the position. Kenyon Anthos intentionally circumvented the
shopping cart process with regard to the position, which concealed her actions to get her son hired
for the position. Kenyon Anthos was present at Donegan's workstation when he manually punched
out a purchase order for the HDAI position through the SRM system on June 12, 2019. Kenyon
Anthos told Donegan how to manually punch out the purchase order as he was not familiar with
that process. The purchase order was subsequently approved.
On June 19, 2019, Donegan sent an email to Kenyon Anthos and OST, advising that the
attached fully executed purchase order would serve as the notice to proceed. Kenyon Anthos then
forwarded Donegan's email to Wolfe, instructing him that Southard's company was to be the
source for filling the HDAI position. On June 25, 2019, Kenyon Anthos emailed Wolfe, inquiring
into the status of the fully executed purchase order. Kenyon Anthos asked Wolfe if he had engaged
Southard and advised Wolfe that she wanted her person to start work on July 1. Wolfe then emailed
Southard and advised him that the fully executed purchase order had been released for Southard
to provide his candidate for the position. Southard and Kenyon Anthos subsequently exchanged
several emails through which Kenyon Anthos provided Southard with Kenyon-Sayre's personal
information for employment purposes.
On July 1, 2019, Kenyon -Sayre began working as an HDAI for the NPIS program as a
subcontractor to LS Digital, at an hourly pay rate of $21.56. Kenyon Anthos directed that the
HDAI position into which her son was placed was to be directly supervised by BMS
Administrative Officer I Terry Calloway ("Calloway"). Kenyon Anthos was Calloway's
immediate supervisor, and her direction created the appearance on paper that she had no direct or
immediate supervision of her son in the HDAI position. Although Calloway was documented as
Kenyon-Sayre's supervisor, Calloway had little actual involvement in Kenyon-Sayre's training or
daily responsibilities. Kenyon Anthos routinely focused Calloway's duties away from direct
involvement with her son so that she could directly supervise her son. Kenyon Anthos assigned
Calloway the responsibility of approving Kenyon-Sayre's work hours, which further concealed
her involvement as her son's supervisor.
On July 3, 2019, Kenyon Anthos initiated actions to change her son's position as an HDA 1
for the NPIS program to a higher classification in order to increase his salary. Kenyon Anthos
wanted to change the job duties of the position in order to create the appearance that her son would
be performing increased responsibilities. Kenyon Anthos emailed Wolfe, inquiring about building
additional hours into the existing purchase order for the HDAI position at a higher classification
due to increased work responsibilities. Kenyon Anthos asserted that the individual in the HDA 1
position was to spend time identifying aspects of the NPIS program that could be improved in
addition to performing existing duties. Kenyon Anthos proposed that the position classification
be changed to that of a Business Analyst I ("BAI "). No change was made to her son's position at
that time.
Kenyon Anthos took no additional action to change the classification of Kenyon-Sayre's
position with the NPIS program until August 28, 2019, when she emailed Wolfe and informed him
Kenyon Anthos, 19-039
Page 38
that "I am going to go with Business Analyst L" Kenyon Anthos provided Wolfe with a job
description that she had created for the BA I position., and she asked him if an amended quote could
be generated for September 2019 through December 2019 for 35 hours per week or if a new quote
was required. Kenyon Anthos did not at any time receive approval from Chubb to change the
classification of Kenyon-Sayre's position. A reclassification of Kenyon-Sayre's position from an
HDAI to a BA1 would have increased his pay rate from $21.56 per hour to $33.30 per hour. Wolfe
subsequently provided Kenyon Anthos with a quote for the BA1 position, which included the job
description that she had created.
On August 28, 2019, Kenyon Anthos sent an email and attachments to the PDE Budget
Office, requesting that the attachments, which included the BA1 job description and a purchase
order change form that would reclassify Kenyon-Sayre's position from an HDAI to a BA1, be
reviewed and sent directly to Donegan for processing. Kenyon Anthos signed Calloway's name
on the purchase order change form without his knowledge in order to conceal her involvement
with the reclassification of her son's position. If fully executed, the purchase order change form
would have reclassified Kenyon-Sayre's position, increased his pay rate, and extended his end date
of service until December 31, 2019, resulting in up to $7,044.82 in additional wages for him.
Kenyon-Sayre's final day of work as an HDAI for the NPIS program was August 28, 2019.
Kenyon Anthos approved three of nine timesheets that were submitted to OST for hours that
Kenyon -Sayre worked from July 1, 2019, through August 28, 2019. Kenyon -Sayre submitted an
email to Southard on September 3, 2019, announcing his formal resignation from his employment
with LS Digital. Kenyon -Sayre submitted two invoices to LS Digital, totaling $5,880.49, for
services performed in the HDAI position from July 1, 2019, through August 28, 2019. In October
2019, two LS Digital checks totaling $5,880.49 that were made payable to Kenyon -Sayre were
deposited into a PNC Bank joint checking account (the "Joint Checking Account") maintained by
Kenyon -Sayre and Kenyon Anthos,
Kenyon Anthos's actions involving her son's employment as an HDAI for the NPIS
program became the subject of review by PDE and the Governor's Office of Administration, and
she subsequently received verbal notice that she was suspended on August 30, 2019, for her
actions. After Kenyon Anthos was advised that an investigation was being conducted into
allegations concerning her actions, she submitted her written resignation from her Commonwealth
employment effective September 13, 2019.
After Kenyon -Sayre resigned from his Commonwealth employment as a Clerk Typist 2 in
March 2019, Kenyon Anthos provided financial support to Kenyon -Sayre by making regular
deposits to the Joint Checking Account. From April 22, 2019, through September 30, 2019,
Kenyon Anthos transferred a total of $4,701,44 to the Joint Checking Account from another
account at PNC Bank over which she had signature authority. Kenyon-Sayre's checks from LS
Digital supported him from October 1, 2019, until December 17, 2019. Kenyon Anthos resumed
providing financial support to Kenyon -Sayre as of December 18, 2019. The parties have stipulated
that Kenyon Anthos realized a financial benefit/savings of approximately $2,005.38 as a result of
not providing financial support to Kenyon -Sayre from October 1, 2019, through December 17,
2019. See, Fact Findings 96 — 98.
As an Administrative Officer 3 or an Administrative Officer 4 for PDE, Kenyon Anthos
was annually required to file an SFI by May I containing information for the prior calendar year.
Kenyon Anthos failed to disclose A&R Nissley, Inc., d/b/a Nissley Vineyards, as a source of
Kenyon Anthos, 19-039
Page 39
income in excess of $1,300.00 on her SFIs for calendar years 2017 and 2018. Kenyon Anthos
further failed to disclose her employment with A&R Nissley, Inc. on her SFI for calendar year
2019.
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 when
Kenyon Anthos utilized the authority of her public position
for the private pecuniary benefit of herself and/or a member
of her immediate family, by participating in discussions and
actions resulting in LS Digital Solutions contracting with her
son, and then initiating a purchase order for an IT staff
augmentation position, specifically directing the use of LS
Digital Solutions as the vendor, resulting in her son being
engaged as the individual assigned to the Pennsylvania
Department of Education as the LS Digital Solutions
subcontractor; and when she utilized the authority of her
public position to initiate a change order to reclassify the
position held by her son, in an effort to increase his
compensation.
b. That a technical violation of Section 1105(b)(5) and (8) of
the Public Official and Employee Ethics Act, 65 Pa.C.S. §
1 I05(b)(5) and (8), occurred when Kenyon Anthos failed to
identify A&R Nissley as a source of income in calendar
years 2017 and 2018, when she failed to list the
Commonwealth of Pennsylvania as a source of income on
her 2019 Statement of Financial Interests, and when she
failed to identify her employment with A&R Nissley on her
2019 Statement of Financial Interests.
4. Kenyon Anthos agrees to make payment in the amount of $3,505.38
in settlement of this matter payable to Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics
Commission within thirty (30) days of the issuance of the final
adjudication in this matter.
5. To the extent that she has not already done so, Kenyon Anthos
agrees to file complete and accurate amended Statements of
Kenyon Anthos, 19-039
Page 40
Financial Interests with the Pennsylvania Department of Education,
through the Pennsylvania State Ethics Commission, for calendar
years 2017, 2018 and 2019 within thirty (30) days of the issuance of
the final adjudication in this matter.
6. Kenyon Anthos agrees to not accept any reimbursement,
compensation or other payment from the Pennsylvania Department
of Education, 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 mare 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 Respondent'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.
a. The Respondent has been advised that as a matter of course,
all orders from the Commission are provided to the Attorney
General, albeit without any specific recommendations
pursuant to paragraph 7, above.
b. The Respondent has been advised that all orders become
public records and may be acted upon by law enforcement
authority(ies) as they deem appropriate.
C. The non -referral language contained in this paragraph is
considered an essential part of the negotiated Consent
Agreement.
Consent Agreement, at 1-2.
In considering the Consent Agreement, we accept the recommendation of the parties for
a finding that a violation of Section 1103(a) of the Ethics Act occurred when Kenyon Anthos
utilized the authority of her public position for the private pecuniary benefit of herself and/or a
member of her immediate family, by participating in discussions and actions resulting in LS
Digital contracting with her son, and then initiating a purchase order for an IT staff augmentation
position, specifically directing the use of LS Digital as the vendor, resulting in her son being
engaged as the individual assigned to PDE as the LS Digital subcontractor; and when she utilized
the authority of her public position to initiate a change order to reclassify the position held by her
son in an effort to increase his compensation.
Kenyon Anthos used the authority of her public position with PDE (i.e., Administrative
Officer 3 or Administrative Officer 4) when: (1) on April 23, 2019, she asked the owner of LS
Kenyon Anthos, 19-039
Page 41
Digital if he was open to engaging a candidate for a position with the help desk of PDE's NPIS
program for the period of July 1, 2019, through November 8, 2019; (2) on May 17, 2019, she
requested a quote from OST for an HDAI position for the NPIS program through the IT Staff
Augmentation Contract; (3) on May 22, 2019, she sought and received approval from the PDE
Deputy Secretary of Administration to hire an HDAI position for the peak season of the NPIS
program from July 2019 through November 2019; (4) in mid -June 2019, she recommended to the
owner of LS Digital that her son, Kenyon -Sayre, be the candidate for the HDA1 position; (5) on
June 12, 2019, she directed a subordinate employee to create a purchase order for the HDAI
position; (6) on June 19, 2019, she instructed OST that LS Digital was to be the source for filling
the HDAI position; and (7) on June 25, 2019, she contacted OST to ask whether OST had engaged
LS Digital to fill the HDAI position.
Kenyon Anthos's uses of the authority of her public position with PDE resulted in LS
Digital engaging Kenyon -Sayre as a subcontractor to fill the HDAI position from July 1, 2019,
through November 30, 2019. LS Digital paid Kenyon -Sayre a total of $5,880.49 for services that
he performed in the HDAI position from July 1, 2019, through August 28, 2019. The parties have
stipulated that Kenyon Anthos realized a financial benefit/savings of approximately $2,005.38 as
a result of not providing financial support to Kenyon -Sayre at a time when he was financially
supported by compensation received for serving as a subcontractor to LS Digital.
Kenyon Anthos further used the authority of her public position with PDE in an attempt
to financially benefit her son when: (1) on July 3, 2019, she contacted OST and proposed that her
son's position as an HDAI for the NPIS program be reclassified to a BAI; (2) on August 28, 2019,
she provided OST with a job description that she had created for the BAI position and inquired
about an amended or new quote for the BAI position with an extended period of service through
December 2019; and (3) on August 28, 2019, she requested that the PDE Budget Office review
the BAI job description and a purchase order change form that would reclassify Kenyon-Sayre's
position from an HDAI to a BAI. If the purchase order change form would have been fully
executed and Kenyon -Sayre would not have resigned from his employment with LS Digital on
September 3, 2019, Kenyon -Sayre would have received up to $7,044.82 in additional wages as a
result of Kenyon Anthos's actions.
Based upon the Stipulated Findings and the Consent Agreement, we hold that Kenyon
Anthos violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when she utilized the
authority of her public position for the private pecuniary benefit of herself and/or a member of
her immediate family, by participating in discussions and actions resulting in LS Digital
contracting with her son, and then initiating a purchase order for an IT staff augmentation
position, specifically directing the use of LS Digital as the vendor, resulting in her son being
engaged as the individual assigned to PDE as the LS Digital subcontractor; and when she utilized
the authority of her public position to initiate a change order to reclassify the position held by her
son in an effort to increase his compensation.
As for the allegations regarding Kenyon Anthos's SFIs for calendar years 2017, 2018, and
2019, it is clear that Kenyon Anthos: (1) failed to disclose A&R Nissley, Inc. as a source of income
on her SFIs for calendar years 2017 and 2018; and (2) failed to disclose her employment with
A&R Nissley, Inc. on her SFI for calendar year 2019. Although there is no indication in the
Kenyon Anthos, 19-039
Page 42
Stipulated Findings that Kenyon Anthos failed to disclose the Comronwealth of Pennsylvania as
a source of income on her SFI for calendar year 2019, based upon the Consent Agreement, it would
appear the parties are in agreement that Kenyon Anthos did in fact fail to do so.
Accordingly, we hold that a technical violation of Section I I05(b)(5) and (8) of the Ethics
Act, 65 Pa.C.S. § 1105(b)(5) and (8), occurred when Kenyon Anthos failed to identify A&R
Nissley, Inc. as a source of income on her SFIs for calendar years 2017 and 2018, when she failed
to list the Commonwealth of Pennsylvania as a source of income on her SFI for calendar year
2019, and when she failed to identify her employment with A&R Nissley, Inc. on her SFI for
calendar year 2019.
As part of the Consent Agreement, Kenyon Anthos has agreed to mare payment in the
amount of $3,505.38 payable to the Commonwealth of Pennsylvania and forwarded to this
Commission within thirty (30) days of the issuance of the final adjudication in this matter.
Kenyon Anthos agrees to not accept any reimbursement, compensation or other payment
from PDE representing a full or partial reimbursement of the amount paid in settlement of this
matter.
To the extent she has not already done so, Kenyon Anthos has agreed to file complete and
accurate amended SFIs for calendar years 2017, 2018, and 2019 with PDE, through 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, Kenyon Anthos is directed to make
payment in the amount of $3,505.38 payable to the Commonwealth of Pennsylvania and forwarded
to this Commission by no later than the thirtieth (301h) day after the mailing date of this adjudication
and Order.
Kenyon Anthos is directed to not accept any reimbursement, compensation or other
payment from PDE representing a full or partial reimbursement of the amount paid in settlement
of this matter.
To the extent she has not already done so, Kenyon Anthos is ordered to file complete and
accurate amended SFIs for calendar years 2017, 2018, and 2019 with PDE, through 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.
Kenyon Anthos, 19-039
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IV. CONCLUSIONS OF LAW:
As an Administrative Officer 3 for the Pennsylvania Department of Education from
November 5, 2007, to August 17, 2019, and as an Administrative Officer 4 for the
Pennsylvania Department of Education from August 17, 2019, to September 13, 2019,
Respondent Wendy Kenyon Anthos ("Kenyon Anthos") was a public employee subject to
the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S.
§ 1101 et seq.
2. Kenyon Anthos violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when she
utilized the authority of her public position for the private pecuniary benefit of herself
and/or a member of her immediate family, by participating in discussions and actions
resulting in LS Digital Solutions LLC contracting with her son, and then initiating a
purchase order for an IT staff augmentation position, specifically directing the use of LS
Digital Solutions LLC as the vendor, resulting in her son being engaged as the individual
assigned to the Pennsylvania Department of Education as the LS Digital Solutions LLC
subcontractor; and when she utilized the authority of her public position to initiate a change
order to reclassify the position held by her son in an effort to increase his compensation.
3. A technical violation of Section 1105(b)(5) and (8) of the Ethics Act, 65 Pa.C.S. §
1105(b)(5) and (8), occurred when Kenyon Anthos failed to identify A&R Nissley, Inc. as
a source of income on her Statements of Financial Interests for calendar years 2017 and
2018, when she failed to list the Commonwealth of Pennsylvania as a source of income on
her Statement of Financial Interests for calendar year 2019, and when she failed to identify
her employment with A&R NissIey, Inc. on her Statement of Financial Interests for
calendar year 2019.
In Re: Wendy Kenyon Anthos, File Docket: 19-039
Respondent Date Decided: 9/14/21
Date Mailed: 9/16/21
ORDER NO. 1793
1. Wendy Kenyon Anthos ("Kenyon Anthos"), as an Administrative Officer 3/Administrative
Officer 4 for the Pennsylvania Department of Education, violated Section 1103(a) of the
Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), when she
utilized the authority of her public position for the private pecuniary benefit of herself
and/or a member of her immediate family, by participating in discussions and actions
resulting in LS Digital Solutions LLC contracting with her son, and then initiating a
purchase order for an IT staff augmentation position, specifically directing the use of LS
Digital Solutions LLC as the vendor, resulting in her son being engaged as the individual
assigned to the Pennsylvania Department of Education as the LS Digital Solutions LLC
subcontractor; and when she utilized the authority of her public position to initiate a change
order to reclassify the position held by her son in an effort to increase his compensation.
2. A technical violation of Section 1105(b)(5) and (8) of the Ethics Act, 65 Pa.C.S. §
1105(b)(5) and (8), occurred when Kenyon Anthos failed to identify A&R Nissley, Inc. as
a source of income on her Statements of Financial Interests for calendar years 2017 and
2018, when she failed to list the Commonwealth of Pennsylvania as a source of income on
her Statement of Financial Interests for calendar year 2019, and when she failed to identify
her employment with A&R Nissley, Inc. on her Statement of Financial Interests for
calendar year 2019.
Per the Consent Agreement of the parties, Kenyon Anthos is directed to make payment in
the amount of $3,505,38 payable to the Commonwealth of Pennsylvania and forwarded to
the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the
mailing date of this Order.
4. Kenyon Anthos is directed to not accept any reimbursement, compensation or other
payment from the Pennsylvania Department of Education representing a full or partial
reimbursement of the amount paid in settlement of this matter.
5. To the extent she has not already done so, Kenyon Anthos is ordered to file complete and
accurate amended Statements of Financial Interests for calendar years 2017, 2018, and
2019 with the Pennsylvania Department of Education, through this Commission, by no
later than the thirtieth (30"') day after the mailing date of this Order.
6. Compliance with Paragraphs 3, 4, and 5 of this Order will result in the closing of this case
with no further action by this Commission.
Kenyon Anthos, 19-039
Page 45
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
L." M_10�#e
Nicholas A. Colafella, air