HomeMy WebLinkAbout1248 ConowayIn Re: Nevin Conoway
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Daneen E. Reese
Frank M. Brown
Susan Mosites Bicket
Donald M. McCurdy
Michael Healey
01- 012 -C2
Order No. 1248
9/4/02
9/25/02
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted an
investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act
9 of 1989, P.L. 26, 65 P.S. §§ 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65
Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of its
investi9ation, the Investigative Division served upon Respondent written notice of the specific
allegation(s). Upon completion of its investi9ation the Investigative Division issued and
served upon Respondent a Findings Report identified as an "Investigative Complaint." An
Answer was not filed and a hearing was waived. The record is complete. A Consent
Agreement and Stipulation of Findings were submitted by the parties to the Commission for
consideration. The Stipulation of Findings is quoted as the Findings in this Order. The
Consent Agreement was subsequently approved.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11
of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and
provides for the completion of pending matters under Act 93 of 1998.
This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and
will be made available as a public document thirty days after the mailing date noted above.
However, reconsideration may be requested. Any reconsideration request must be received at
this Commission within thirty days of the mailing date and must include a detailed explanation
of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code §
21.29(b). A request for reconsideration will not affect the finality of this adjudication but will
defer its public release pending action on the request by the Commission.
The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of
1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor
subject to a fine of not more than $1,000 or imprisonment for not more than one year.
Confidentiality does not preclude discussing this case with an attorney at law.
Conoway 01- 012 -C2
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I. ALLEGATION:
That Nevin Conoway, a (public official /public employee) in his capacity as a member of
the Sugar Valley Rural Charter School, Board of Trustees, violated Sections 1103(a) and
1104(a) of the Public Official and Employee Ethics Act (65 Pa.C.S. §1101 et seq.) when he
participated in discussions and interviews of candidates for employment with the Charter
School and actions of the Board of Trustees regarding the approval of teachers /employees
contracts with the Charter School when he was a candidate for employment with the Charter
School; when he received compensation for summer work performed at the Charter School
above the amount established by his contract; and when he failed to file a Statement of
Financial Interests for the 2000 calendar year for the year after leaving office.
II. FINDINGS:
1. Nevin T. Conoway served as a member of the Sugar Valley Rural Charter School
(here after Charter School) Board of Trustees from September 23, 1999, through
December 21, 2000.
a. Conoway served as the Executive Director of the Board from September 23,
1999, until October 12, 1999.
b. Conoway served as the Associate Director of the Board from July 17, 2000,
until December 21, 2000.
2. The development of the Charter School was a project undertaken by the Sugar Valley
Concerned Citizens Group (here after Concerned Citizens Group).
a. The Concerned Citizens Group is a grass -roots coalition of parents, educators,
and other community members with an interest in the educational development
of Sugar Valley's children.
b. The Concerned Citizens Group has been in existence unofficially for over
twenty years.
1. The Concerned Citizens Group became incorporated on November 18,
1996.
c. Conoway has been a member of the Concerned Citizens Group since the
group's inception.
3. The Concerned Citizens Group began exploring the possibility of establishing a charter
school in Loganton, Pennsylvania during or about 1995, as a result of Keystone
Central School District's intention to remove grades 7 -12 from the Sugar Valley Area
School located in Loganton.
a. Keystone Central School District removed grades 7 -12 from the school in
approximately 1996.
1. Grade six has recently been removed from Sugar Valley Area School.
b. The citizens of Loganton and the surrounding area wanted the Sugar Valley
Area School to remain open to keep their children's education community
based.
4. A Core Team of the Concerned Citizens Group was established in the fall of 1996 with
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the responsibility of developing a charter school application that could be submitted
once legislation regarding charter schools was ratified.
a. The Concerned Citizens Group named seven individuals to the Core Team in
official capacities.
1. Conoway was named as the Core Team Executive Director.
b. Several other individuals were also extensively involved in the development and
planning of the charter in unofficial roles.
5. The General Assembly of the Commonwealth of Pennsylvania approved Act 1997 -22
on June 19, 1997, permitting the establishment and operation of charter schools.
a. The act amended the act of March 10, 1949 (known as the Public School Code
of 1949) by adding Article XVII -A, Charter Schools.
b. Article XVII -A, Charter Schools, is known as Charter School Law.
c. The procedure for the establishment of a charter school is defined in Section
1717 -A.
6. Section 1717 -A, Establishment of Charter School, dictates (among other requirements)
that an application to establish a charter school is to be submitted to the local school
board where the charter will be located by November 15 of the school year preceding
the school year in which the charter school will be established.
a. Within 45 days of receipt of the application the local school board of directors in
which the proposed charter is to be located must hold at least one public
hearing on the provisions of the application.
b. At least 45 days must pass between the first public hearing and a final decision
of the board on the charter application.
c. The board must grant or deny the application within 75 days of the first public
hearing and the action must occur at a public meeting of the board.
1. If denied, written notice of the denial must be sent to the applicant, the
Department of Education, and the Charter School Appeal Board
detailing the reasons for denial.
7. If an application is denied, the charter school applicant may revise and resubmit the
application to the local board of directors or appeal the decision of the board to the
Charter School Appeal Board.
a. The granting of an application by the Appeal Board serves as a requirement for
the local school board to sign the charter of the charter school.
b. If the local school board of directors does not grant the application and sign the
charter within ten days of the notice of reversal, the charter is deemed to be
approved and is signed by the chairman of the Appeal Board.
8. The Concerned Citizens Group submitted the Charter School application to Keystone
Central School District and the Commonwealth of Pennsylvania Department of
Education on May 31, 1997.
a. The Keystone Central School District Board of Directors denied the application.
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9. The Concerned Citizens Group submitted revised Charter School applications to
Keystone Central School District and the Commonwealth of Pennsylvania Department
of Education on November 15, 1997; March 12, 1998; and November 14, 1998.
a. The Keystone Central School District Board of Directors denied all of the
revised applications submitted.
10. On July 1, 1999, the Concerned Citizens Group appealed the decision of Keystone
Central School District to the Charter School Appeal Board.
a. On August 27, 1999, the Charter Appeals Board granted the appeal of the
Concerned Citizens Group.
b. On December 14, 1999, Eugene Hickok, Charter Appeals Board Chairperson,
signed written documentation permitting the operation of the Sugar Valley Rural
Charter School.
11. The seven member Core Team responsible for the establishment of the charter school
was to act as the interim Board of Trustees (a.k.a. Board of Directors) until a new board
could be elected.
a.
b.
The seven original members of the Core Team were to govern the Charter
School during the school's first complete year of operation.
Elections are currently held each spring for terms to begin at the start of the
fiscal year.
1. Elections are held on a three -year cycle: one for two board members, the
second for three board members, and the third for two board members.
c. Charter School Board members are not compensated for their service.
12. The Core Team officially began meeting as the Charter School Board of Trustees on
September 23, 1999, although the charter had not yet been officially granted.
a. At that time Conoway was employed as a full time public school teacher at
Loyalsock Township School District.
13. Conoway holds a Bachelor of Science degree in Education from Lock Haven
University.
a. Conoway's major area of study was Chemistry with concentrations in Physics
and Mathematics.
14. Conoway began employment with Loyalsock Township School District in January
1985.
a. Conoway has taught Physics, Mathematics, and Science courses (Grade 7 and
high school courses as needed) at Loyalsock School District.
15. In preparation for the upcoming 2000 -2001 school year, the Charter School Board
created the following committees: Community Relations, Curriculum, Finance,
Property, and Personnel.
a. Committee members were not required to be members of the Charter School
Board.
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b. Any interested community member could participate as a committee member.
16. Duties of the Personnel Committee, as set forth in the Charter School charter, are
documented as follows:
a. Assist school administration in developing job descriptions and
compensation /benefits packages of school employees for approval by the
Board of Trustees;
b. Assist school administration in developing duties and responsibilities of
voluntary staff for approval by the Board of Trustees;
c. Review school administration recommendations for hiring and dismissing
employees and make recommendations to the Board of Trustees;
d. Provide advice on personnel matters to the Board of Trustees and the school
administration.
17. The Personnel Committee for the charter school consisted of approximately seven
individuals.
a. Conoway volunteered and participated as a member of the personnel
committee.
18. Minutes of the October 19, 1999, board meeting indicate that the board desired that
teachers (including those that had applied for positions with the charter school) become
involved in the Personnel Committee and interview process.
a. Conoway became involved in the Personnel Committee at the request of the
board because of his teaching experience and knowledge of charter schools.
19. Approximately 14 -16 teaching positions were available at the Charter School for the
2000 -2001 school year.
a. The Charter School placed employment advertisements in the Lock Haven
Express, The Williamsport Sun - Gazette, and the Center Daily Times.
20. Three of the positions were established as Administrative Coordinator/Teacher
positions known as the school Tri -Ad.
a. Tri -Ad members are administrators of the Charter School that oversee the
Special, Academic, and Institutional Functions of the school.
b. Tri -Ad members are also expected to teach classes /courses at the Charter
School.
21. The advertisement for employment with the Charter School stated the following:
"Sugar Valley Rural Charter School is now seeking applications
for its professional education team:
Administrative Coordinators (2 positions available)
Teaching Coordinators (3 positions available)
Full time and part time teachers (Multiple Positions)
Applications, general questions, and /or requests for
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information should be directed to the charter school office.
Applications must include the following:
Cover letter that includes specific position sought; full
professional resume; Pennsylvania standard teacher's
application; copies of all professional education
certificates Of applicable); names and contact information
for at least three professional references.
Direct phone calls or correspondence to:
Andrea S. Hamilton, Executive Director
Sugar Valley Rural Charter School
PO Box 104
Loganton, Pa 17747
(570) 725 -7822
Application deadline is March 17, 2000
An EOE employer"
22. The Personnel Committee met a minimum of eight times between the dates of
February 21, 2000, and August 7, 2000, as documented by Charter School Board
meeting minutes.
a. Meetings held revolved around the review of applications, selection of
individuals to be interviewed, and actual interviews for administrative/ teaching
positions.
b. No minutes exist of Personnel committee meetings.
23. Committee members present at the meetings decided in group consensus on
applicants to contact for interviews.
a. At least 135 application packets were received and reviewed by the Personnel
Committee for various available positions.
b. Criteria for determining applicants to interview included education, experience,
and the ability to follow instructions.
24. Several applicants submitted applications that were incomplete in regard to what was
requested in the advertisement.
a. Those applicants were contacted and provided with an opportunity to submit the
omitted materials.
b. If the omitted materials were not provided the applicant was not considered for a
position.
25. Conoway participated in the review of application packets and discussions on
applicants to contact for interviews.
a. Conoway's knowledge of teaching certifications was considered valuable
regarding the review of applications.
26. Numerous individuals were interviewed for administrative, teaching, and support
positions.
a. Interviews for positions initially available were conducted from approximately
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February 2000 into August 2000.
b. Charter School minutes for the August 7, 2000, regular meeting note that the
Personnel Committee had finished the last round of interviews for teaching
positions.
27. The Personnel Committee conducted interviews of interested candidates in a panel
format.
a. Each committee member was to generate a specific question for the applicant
with the understanding that follow -up questions could be asked based on the
response received.
b. Individual board members typically asked the same question to every applicant
interviewed.
28. Conoway participated in the first -round interviews for available teaching and
teaching /administrative positions.
a. Conoway typically questioned the applicants on their knowledge of charter
schools.
1. Conoway had gained a great deal of knowledge on charter schools
through his participation in developing the Charter School application.
29. The Personnel Committee decided by way of group consensus on the applicants to
contact for second interviews.
a. Conoway participated in the discussions regarding who would receive second
interviews.
b. Conoway states he participated in all first and second, as well as follow -up
interviews according to his records.
c. Conoway considered all positions as key, vital and very important.
30. The Personnel Committee selected candidates for possible employment with the
Charter School by way of group consensus.
a. The negotiation of individual contracts was normally conducted between the
applicant and Andrea Hamilton, Charter School Board member and
representative of the Personnel Committee.
31. All contracts negotiated were for one year in length and were identical with the
exception of salary received and summer workdays.
a. Salary was negotiated individually based on the salary requirements of the
applicant, the salary range authorized by the Personnel Committee, and
experience.
1. Hamilton had the authority to alter the salary range authorized by the
Personnel Committee to a small degree if necessary.
b. Teacher /administrators and teacher /coordinators were required to work during
the summer months while those in "teacher only" positions were not.
32. The Personnel Committee presented contracts to the Charter School Board for
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approval once contracts had been negotiated between candidates and the Personnel
Committee.
a. The Charter School Board then voted to approve or deny the contracts.
33. Charter School staffing plans regarding the initial year of operation called for the
employment of only one Science teacher.
a. The Charter School wished to employ a candidate who could teach both
General Science and advanced Science courses (i.e. Chemistry, Physics, and
Biology.).
34. Of all the applications received by the Charter School regarding a Science position,
only one applicant was actually interviewed.
a. Several applicants either declined the interview or submitted late or incomplete
applications.
b. Two or three experienced individuals initially applied to the Charter School for a
teaching position in the Science field.
c. According to Conoway, none of the Science applicants was qualified to teach all
required advanced science courses.
d. Conoway asserts he continued to push for a full -time Science teacher and only
received additional board support half way through the school year.
35. The Concerned Citizens Group and the Charter School Board expected that Conoway
and all qualified employees would teach at the Charter School as needed.
a. Conoway had informed various individuals that he would consider teaching at
the Charter School to assist in its first year of operation.
b. Conoway stressed his desire to teach at the Charter School, rather than be part
of the administrative body full -time.
36. Conoway submitted a request for a professional leave of absence to Loyalsock
Township School District on March 28, 2000.
a. Per Loyalsock Township School District Policy, Conoway's request for a leave
of absence had to be submitted by April 2000.
b. Conoway requested an unpaid leave of absence for one year in order to
continue an active role in the development of and to become an active
participant in the opening of the Charter School.
c. Conoway additionally requested that he be able to maintain his benefits offered
through the school district.
37. Conoway received correspondence from Loyalsock Township School District dated
May 18, 2000, stating that the board of directors had approved Conoway's request for
a one -year unpaid leave of absence at the May 17, 2000 meeting.
a. The correspondence also stated that Conoway must reimburse the district for all
health benefits and other related expenses incurred during his leave of
absence.
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b. Conoway received correspondence from Loyalsock Township School District
dated July 18, 2000, which indicated that Conoway's monthly reimbursement to
the district for all benefits received was $403.05.
c. Conoway opted to be placed on his wife's insurance rather than maintain
insurance through the school district.
38. Conoway's salary at Loyalsock Township School District immediately prior to his one -
year leave of absence was approximately $54,300.00 annually.
a. Conoway receives yearly wage increases at Loyalsock Township School
District.
39. During the June 27, 2000, meeting of the Concerned Citizens Group it was announced
that a staff of seven individuals had been acquired at that time for the Charter School.
a. Conoway is disclosed as being retained for the fields of Science and Math.
b. Conoway had not signed a contract with the Charter School at that time.
40. In or about the month of July 2000, the Charter School Board requested that Conoway
accept the remaining Tri - Ad/Teacher position.
a. The Personnel Committee was unable to locate an individual to occupy the third
Tri -Ad position.
1. Several individuals applied and were interviewed for the position;
however, salary expectations from the applicants were beyond the
Charter Schools means.
b. Conoway's desire was to hold only a teacher position but agreed to accept the
Tri - Ad/Teacher position due to continuing requests.
41. Conoway was approved for employment as a Science teacher (secondary)/Tri -Ad
member at the Charter School by the school board at the August 7, 2000, regular
meeting.
a. Conoway's presence is documented in the meeting minutes.
b. The vote to approve Conoway's employment is documented as passing 6 -0 -1
with Conoway abstaining.
42. Conoway did not go through the application process for employment at the Charter
School as did other interested applicants.
a. Conoway did not specifically submit an application packet to the Charter
School.
1. Conoway (as well as other Core Team members) submitted a full,
professional resume along with necessary clearances to the
Pennsylvania Department of Education and Keystone Central School
District along with the Charter School Applications.
b. Conoway was not formally interviewed by the Personnel Committee.
1. The Personnel Committee and School Board did not feel a formal
interview of Conoway was necessary due to Conoway's involvement
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with the creation of the Charter School and prior teaching experience.
43. Conoway signed a one -year contract for employment with the Charter School as a Tri -
Ad member /teacher on August 28, 2000.
a. The contract documented Conoway's salary at $40,000.00 in his Tri - Ad/teacher
capacity.
b. The $40,000 salary was set at the amount that Conoway had already stated he
needed to consider a leave of absence from Loyalsock Township School
District to assist with the administration and organization of the charter school.
c. That salary was included in grant applications for the charter school funding
and recommended to the newly formed charter school board at the outset.
44. Conoway was issued fourteen checks from the Charter School payroll account totaling
$31,108.62 for his services as a Tri -Ad member /teacher during the 2000 -2001 school
year as shown below:
Authorizing
Signatures
09/15/00 1001 $ 1,282.60 Lamont/Tressler
09/29/00 1019 $ 1,282.60 Lamont/Tressler
10/27/00 1073 $ 2,366.83 Lamont/Tressler
10/30/00 1093 $ 198.39 Lamont/Tressler
11/22/00 1115 $ 2,565.22 Lamont/Tressler
12/21/00 1142 $ 2,565.22 Lamont/Tressler
01/26/01 1167 $ 2,562.72 Lamont/Tressler
02/23/01 1193 $ 2,572.72 Lamont/Tressler
03/30/01 1223 $ 2,572.72 Lamont/Tressler
04/27/01 1268 $ 2,572.72 Breon/Tressler
05/25/01 1298 $ 2,572.72 Breon/Tressler
06/29/01 1328 $ 2709.20 Breon/Tressler
07/27/01 1366 $ 2,572.72 Breon/Tressler
08/31/01 1393 $ 2,640.96 Breon/Tressler
Total $ 31,108.62
a. The $198.39 payment issued in October 2000 reflects a refund of federal
withholdings incorrectly deducted.
b. The $31,108.62 figure reflects Conoway's net payment after taxes.
Date
Check # Amount
45. The employee payroll was not approved at regular meetings of the Board of Trustees.
a. Payroll was handled by the business office and was considered as being
approved by the board with the passing of the budget for the upcoming year.
46. Conoway participated in the vote to approve the 2000 -2001 Charter School budget at
the June 26, 2000, budget adoption meeting of the Board of Trustees.
a. The budget included allotted employee positions in accordance with available
funds.
b. Minutes document Conoway's presence at the meeting.
c. The vote to approve the budget passed 7 -0 with no abstentions noted.
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d. Disclosure of specific employee salaries (including Conoway's) occurred at a
later date.
e. Conoway was not formally approved for employment as a Science teacher
(secondary)/Tri -Ad member by the school board until August 7, 2000, at which
time Conoway abstained as to that vote.
47. At the May 10, 2001, Charter School Board meeting the Board of Trustees approved
Conoway for a second teaching contract encompassing the 2001 -2002 school year.
a. Conoway was not a member of the Board of Trustees at that time.
b. Conoway did not accept the second contract offered by the Charter School
Board.
48. Conoway returned to Loyalsock Township School District as a teacher for the 2001-
2002 school year.
a. Conoway is currently employed as a teacher with Loyalsock Township School
District.
49. Conoway's current salary at Loyalsock Township School District is approximately
$59,900.00 annually.
a. Conoway's current salary is the wage Conoway would have received at
Loyalsock Township School district during the 2000 -2001 school year if he had
not elected to teach at the Charter School.
THE FOLLOWING FINDINGS RELATE TO CONOWAY'S RECEIPT OF COMPENSATION
FOR SUMMER WORK PERFORMED PRIOR TO THE START OF THE 2000 -2001
SCHOOL YEAR
50. Conoway performed a variety of services at the site of the Charter School in
preparation for the 2000 -2001 school year.
a. Services performed by Conoway included answering questions from citizens,
developing the curriculum, cleaning rooms, etc.
b. Conoway performed these services on a consistent basis beginning in
approximately June 2000.
1. Conoway performed these same type of services on a limited basis prior
to June 20 0
c. Conoway was not compensated for his services at that time.
51. During the summer of 2000, Andrea Hamilton was often not present at the Charter
School due to attendance at various meetings, conferences, etc.
a. Hamilton was employed by the Charter School as the Institutional Administrator
at that time.
b. Hamilton worked five days per week in the position.
52. Conoway assumed the responsibilities of Hamilton's position in Hamilton's absence.
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a. Conoway was not compensated for his services at that time although
Conoway's employment and salary for the upcoming school year had been
approved at the August 7, 2000, School Board meeting.
53. Conoway continued to perform services for the Charter School after Hamilton's return
up until August 25, 2000.
a. Conoway performed these services with no expectation of compensation.
54. In or about August 2000, the Charter School Board of Trustees decided to compensate
Conoway for services performed prior to the beginning of the 2000 -2001 school year.
a. No documentation of the discussion or decision to compensate Conoway exists
in Charter School meeting minutes.
b. No vote to compensate Conoway is recorded in the July or August 2000
meeting minutes.
55. On or about August 22, 2000, Conoway received check number 224 totaling
$2,307.60 from the Charter School General Fund.
a. Conoway was issued this check as compensation for 15 days worked during
the period of Hamilton's absence.
b. Conoway's wage received was based on his $40,000.00 contract which had
been approved at the August 7, 2000, School Board meeting.
1. Conoway's daily wage based on $40,000.00 annually was approximately
$153.84.
2. Payment: $153.84 x 15 = $2,307.60
c. Conoway states he has no knowledge on what this compensation was based.
56. Conoway claimed in a sworn statement to Commission investigators taken on January
29, 2002, that he informed the Charter School Board that he did not want or expect
compensation for the administrative and other duties and services he performed on a
voluntary basis.
a. Conoway did not expect compensation because he had never signed a contract
specifically documenting payment to him for summer work.
57. One invoice titled "Compensation Request for Services Rendered" was submitted to
the Charter School for services performed by Conoway from August 16, 2000, through
August 25, 2000, in the amount of $1230.72.
a. The request is dated August 31, 2000.
b. Conoway's name is hand - printed on the invoice.
c. Conoway's signature does not appear on the invoice.
d. Conoway denies submitting the invoice or authorizing its submission.
58. Conoway received check number 237, dated August 31, 2000, in the amount of
$1,230.72 from the Charter School General fund for services performed from August
16, 2000, through August 25, 2000.
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a. Payment issued to Conoway was based on his daily salary of $153.84 for eight
regular workdays.
59. Conoway received a total of $3,538.41 from the Charter School for services rendered
from July 24, 2000, through August 25, 2000.
a. Conoway was issued an IRS Form 1099 to document the earnings.
b. The $3,538.41 was in addition to the $31,108.62 Conoway received for
teaching and administrative duties performed during the 2000 -2001 school
year.
60. Payments issued to various Charter School employees, including Conoway, for work
performed in the summer months prior to the 2000 -2001 school year were not
presented to the Board of Trustees on monthly bill lists for formal approval.
a. Minutes do not document any vote at monthly meetings to approve
compensation issued to employees over the summer months.
b. The reason for not documenting the payments on the bill lists could not be
determined, but was not believed necessary by some board members according
to Conoway.
61. Conoway received $34,647.03 in total compensation from the Sugar Valley Rural
Charter School as a result of his employment as a Tri -ad member /teacher during the
2000 -2001 fiscal year of the Charter School.
a. Conoway received $31, 108.62 for services rendered during the 2000 -2001
school year.
b. Conoway received $3,538.03 for services rendered during July and August
2000 prior to the beginning of the 2000 -2001 school year
62. Conoway filed annual Statements of Financial Interests in his position as a member of
the Charter School Board of Trustees.
a. Conoway filed an SFI on February 28, 2000, for calendar year 1999.
b. Conoway states he filed at least two Statements of Financial Interests: First
when the board of trustees was put in place officially indicated as February 28,
2000; Second -late summer /early fall when the board was seated for the 2000-
2001 school year.
63. Conoway did not file a Statement of Financial Interests by May 1, 2001, for calendar
year 2000.
a. Conoway states he was never provided with a reporting form nor did he know
he had to file for the year after leaving public office as a charter school board
member.
64. Conoway states he would not willingly or knowingly do anything to violate the public
trust or break the law.
III. DISCUSSION:
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At all times relevant to this matter, the Respondent, Nevin Conoway, hereinafter
Conoway, has been a public official /employee subject to the provisions of the Public Official
and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et seq., as
codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65
Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act."
The allegations are that Conoway, as a member of the Sugar Valley Rural Charter
School, Board of Trustees, violated Sections 1103(a) and 1104(a) of the Ethics Act when he
participated in discussions and interviews of candidates for employment with the Charter
School and approvals of teachers /employees contracts when he was a candidate for
employment with the Charter School; when he received compensation for summer work
performed at the Charter School above the amount established by his contract; and when he
failed to file a Statement of Financial Interests (SFI) for the 2000 calendar year for the year
after leaving office.
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.
The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows:
Section 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
f
of ce or employment for the private pecuniary benefit of himself,
a member of his immediate family or a business with which he or
a member of his immediate family is associated. "Conflict" or
"conflict of interest" does not include an action having a de
minimis economic impact or which affects to the same degree a
class consisting of the general public or a subclass consisting of
an industry, occupation or other group which includes the public
official or public employee, a member of his immediate family or a
business with which he or a member of his immediate family is
associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official /public employee from using
the authority of public office /employment or confidential information received by holding such a
public position for the private pecuniary benefit of the public official /public employee himself,
any member of his immediate family, or a business with which he or a member of his
immediate family is associated.
§1104. Statement of financial interests required to be
filed
(a) Public official or public employee. - -Each public
official of the Commonwealth shall file a statement of financial
interests for the preceding calendar year with the commission no
later than May 1 of each year that he holds such a position and
of the year after he leaves such a position. Each public employee
and public official of the Commonwealth shall file a statement of
financial interests for the preceding calendar year with the
department, agency, body or bureau in which he is employed or
to which he is appointed or elected no later than May 1 of each
year that he holds such a position and of the year after he leaves
Conoway 01- 012 -C2
Page 15
such a position. Any other public employee or public official shall
file a statement of financial interests with the governing authority
of the political subdivision by which he is employed or within
which he is appointed or elected no later than May 1 of each year
that he holds such a position and of the year after he leaves such
a position. Persons who are full -time or part -time solicitors for
political subdivisions are required to file under this section.
65 Pa.C.S. §1104(a).
Section 1104(a) of the Ethics Act requires that each public official /public employee
must file a Statement of Financial Interests for the preceding calendar year, each year that he
holds the position and the year after he leaves it.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are reproduced above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Conoway is a member of the Sugar Valley Concerned Citizens Group (Concerned
Citizens Group), a grass roots coalition of parents, educators and others that advocate for
educational development of Sugar Valley's children. The Concerned Citizens Group began
exploring the possibility of creating a charter school in Loganton, PA due to some concerns
about the local school district. A core team from the Concerned Citizens Group was
established for the purpose of developing a charter school application with Conoway as the
executive director.
The Concerned Citizens Group submitted a charter school application to the Keystone
Central School District in May of 1997 but the application was denied by the local school
board. Following several revised submissions of the charter school application which were
also denied, the Concerned Citizens Group appealed to the Charter School Appeal Board
which granted the appeal, thereby providing the authorization for the Sugar Valley Rural
Charter School (Charter School). The seven member core team became the interim board of
trustees for the Charter School.
When the core team began operating as the Charter School Board of Trustees in
September of 1999, Conoway was a full -time public teacher at the Loyalsock School District
where he taught physics, mathematics, and science. The Charter School Board of Trustees
created several committees, one of which was the Personnel Committee. Conoway
volunteered and participated as a member of the Personnel Committee at the request of the
Charter School Board given his teaching experience and knowledge of charter schools. There
were a number of teaching positions which became available for the Charter School. There
were also "Try -Ad" positions which were dual positions: both an administrator overseeing the
functions of the school and teacher providing classroom instruction.
Following advertisement for employment in various teaching and administrative
positions with the Charter School, the Personnel Committee reviewed the applications and had
discussions about those applicants who would be contacted for interviews. Many individuals
were interviewed for administrative, teaching, and support positions by the Personnel
Committee which used a panel format for the interviews. Conoway participated in the first
round of interviews for available teaching and teaching /administrative positions. The
Personnel Committee through consensus then decided upon those candidates who would be
contacted for second interviews. Conoway also participated in the second and follow -up
interviews. The Personnel Committee then selected candidates for employment by way of
group consensus. All contracts were negotiated for one year in length and were identical with
the exception of salary and summer workdays. The Personnel Committee presented the
contracts to the Charter School Board for approval.
Conoway 01- 012 -C2
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Regarding the science teacher position at the Charter School, only one applicant was
interviewed in that several applicants declined the interview. None of the applicants was
qualified to teach all the required advance science courses. The Concerned Citizens Group
and Charter School Board expected that Conoway and all qualified employees would teach at
the Charter School. Conoway desired to teach at the Charter School rather than to act as an
administrator. Conoway submitted a request for professional leave without pay to the
Loyalsock Township School Board which granted his request for a one year period. At an
August 2000 meeting of the Charter School Board, Conoway was approved as a teacher by a
6 -0 -1 vote with Conoway abstaining. Conoway did not submit an application for employment
nor did he have an interview with the Personnel Committee. Conoway's one year contract for
a Try -Ad employee was for a salary of $40,000 which was less than his $54,300 salary as a
teacher at the Loyalsock Township School District. Conoway participated in the vote to
approve the 2000 -01 Charter School budget at a June 2000 meeting which passed on a 7 -0
vote with no abstentions.
At a May 2001 Charter School Board Meeting, Conoway was approved for a second
teaching contract. Conoway was no longer on the Board of Trustees at that time. Conoway
did not accept the second contract offered by the Charter School Board. For that school year,
Conoway returned to the Loyalsock Township School District.
Separate and apart from Conoway's acting as a Try -Ad teacher for the Charter School
for the one year period, he also performed certain summer work for compensation in 2000. In
preparation for the school year, Conoway performed various services such as answering
questions from citizens, developing a curriculum, and cleaning rooms. When Andrea
Hamilton, the Charter School Institutional Administrator, was not present, Conoway assumed
her responsibilities during that time period. Conoway performed the above services with no
expectation of receiving compensation. However, there is the one invoice entitled
"Compensation Request for Services Rendered" which was submitted in August 2000 for
services performed by Conoway. Conoway denies submitting that invoice or authorizing its
submission. Subsequently, the Charter School Board of Trustees decided to compensate
Conoway for the services that he performed. In August 2000, Conoway received a check in
the amount of $2,307.60 from the Charter School general fund. The total that Conoway
received for providing such summer services was $3,538.41.
Lastly, although Conoway filed an SFI for his position as a member of the Charter
School Board of Trustees for the calendar year 1999, he failed to file an SFI for the 2000
calendar year as a former public official of the Charter School Board.
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 proposes that this Commission find that Conoway:
did not violate Section 1103(a) of the Ethics Act although he participated in the hiring process
of teaching applicants and was appointed himself as a science teacher, where his annual
salary had already been determined for his administrative services and he received no
additional compensation for his teaching duties; did not violate Section 1103(a) of the Ethics
Act when he received compensation for summer work actually performed at the Sugar Valley
Rural Charter School, which was not formally approved by the Charter School Board, as there
is no evidence that he played a role in his receipt of said compensation; and unintentionally
violated Section 1104(a) of the Ethics Act when he failed to timely file an SFI for calendar year
2000 for the year after leaving public office as a board member with the Sugar Valley Rural
Charter School. In addition, Conoway agrees to make payment of $250 to the Commonwealth
of Pennsylvania through this Commission within 30 days of the date of mailing of this Order
and to complete and file his calendar year 2000 Statement of Financial Interests.
In applying Section 1103(a) of the Ethics Act to the instant matter, a use of authority of
office is a prerequisite for establishing a violation of this provision. Without such a use of
Conoway 01- 012 -C2
Page 17
authority of office there can be no violation. See, Marchitello and McGuire v. State Ethics
Commission, 657 A.2d 1346 (Pa. Commw. 1995).
In reviewing the facts of record we do not find a use of authority of office by Conoway
as to his employment as a Try -Ad teacher with the Charter School. There was involvement by
Conoway generally as to the review process of applications and interviews for the positions.
However, it was the Charter School Board that sought Conoway for a position with the Charter
School. Further, Conoway, as a Charter School Board Member abstained as to his own
appointment. Turning to the matter of Conoway's summer employment, the stipulated findings
reflect that Conoway performed such services without any expectation of receiving
compensation. Once again, there is no evidence of record establishing a use of authority of
office by Conoway which resulted in a private pecuniary benefit to him.
Accordingly, Conoway did not violate Section 1103(a) of the Ethics Act as to his
participation in the hiring process of teaching applicants culminating in his appointment as a
science teacher, in that his annual salary had already been determined for his administrative
services and he received no additional compensation for his teaching duties. Further,
Conoway did not violate Section 1103(a) of the Ethics Act when he received compensation for
summer work actually performed at the Sugar Valley Rural Charter School in that there is no
evidence that he played a role in his receipt of said compensation.
As to the SFI allegation, the record reflects that Conoway did not file an SFI for the year
after he left service as required by the Ethics Act. Accordingly, Conoway unintentionally
violated Section 1104(a) of the Ethics Act when he failed to timely file an SFI for the calendar
year 2000, the year after leaving public office as a board member with the Sugar Valley Rural
Charter School.
We determine that the Consent Agreement submitted by the parties sets forth the
proper disposition for this case, based upon our review as reflected in the above analysis and
the totality of the facts and circumstances. We take administrative notice that Conoway has
paid $250 to the Commonwealth of Pennsylvania through this Commission. Further,
Conoway has filed an SFI for the calendar year 2000. Accordingly, this case is closed.
IV. CONCLUSIONS OF LAW:
1. Conoway, as a member of the Board of Trustees of the Sugar Valley Rural Charter
School, was a public official /employee subject to the provisions of Act 9 of 1989 as
codified by Act 93 of 1998.
2. Conoway did not violate Section 1103(a) of the Ethics Act as to his participation in the
hiring process of teaching applicants culminating in his appointment as a science
teacher, in that his annual salary had already been determined for his administrative
services and he received no additional compensation for his teaching duties.
3. Conoway did not violate Section 1103(a) of the Ethics Act when he received
compensation for summer work actually performed at the Sugar Valley Rural Charter
School in that there is no evidence that he played a role in his receipt of said
compensation.
4. Conoway unintentionally violated Section 1104(a) of the Ethics Act when he failed to
file a Statement of Financial Interests for calendar year 2000 for the year after leaving
public office as a board member with the Sugar Valley Rural Charter School.
In Re: Nevin Conoway
ORDER NO. 1248
File Docket: 01- 012 -C2
Date Decided: 9/4/02
Date Mailed: 9/25/02
1. Conoway, as a member of the Board of Trustees of the Sugar Valley Rural Charter
School, did not violate Section 1103(a) of the Ethics Act as to his participation in the
hiring process of teaching applicants culminating in his appointment as a science
teacher, in that his annual salary had already been determined for his administrative
services and he received no additional compensation for his teaching duties.
2. Conoway did not violate Section 1103(a) of the Ethics Act when he received
compensation for summer work actually performed at the Sugar Valley Rural Charter
School in that there is no evidence that he played a role in his receipt of said
compensation.
3. Conoway unintentionally violated Section 1104(a) of the Ethics Act when he failed to
file a Statement of Financial Interests for calendar year 2000 for the year after leaving
public office as a board member with the Sugar Valley Rural Charter School.
4. Per the Consent Agreement of the parties, Conoway has paid $250 to the
Commonwealth of Pennsylvania through this Commission and filed a Statement of
Financial Interests for the calendar year 2000.
BY THE COMMISSION,
Louis W. Fryman, Chair