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In Re: John Tucker,
Respondent
STKI"E ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREI.ET, ROOM 309
HARRISBURG, PA 17120-0400
File Docket:
Order No.
Date Decided:
Date Mailed:
21-026
1815
1/24/23
1/25/23
Before: Shelley Y. Simms,, Chair
Michael A. Schwartz, Vice Chair
Rhonda Hill Wilson
Paul E. Parsells
David L, Reddecliff
This is a final adjudication of the State Ethics Commission.
rAMMILE: 717-787-0806
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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 P'a.C.S. § 1101 et M., by the above -named Respondent. At the commencement
of its investigation, the Investigative Division served upon Respondent written notice of the
specific allegations. Upon completion of its investigation, the Investigative Division issued and
served upon Respondent a Findings Report identified as an "Investigative Complaint," 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 John Tucker, a public official/public employee in his capacity as a Member of the
Board of the North and South Shenango Joint Municipal Authority ("Authority"), violated
Sections 1103(a), 1104(a), I 105(a), and 11 05(b)(1) of the Ethics Act:
(1) When he used the authority of his public position for the private pecuniary benefit
of himself, and/or a member of his immediate family, when he participated in
Authority votes to approve guest attendance and/or expense payments; when he
incurred and charged expenses of a personal nature to Authority credit cards and
accounts when traveling on Authority business for conferences and/or conventions;
and when he submitted for reimbursement of expenses of a personal nature alleged
to have been paid in cash or by personal credit card;
(2) When he approved payments to vendors and/or credit card companies or himself
for personal expenses incurred while traveling on Authority business;
Tucker, 21-026
Page 2
(3) When he failed to file Statements of Financial Interests for calendar years 2016 and
2017; and
(4) When he filed deficient Statements of Financial Interests for calendar years 2018,
2019, and 2020 by failing to include his public position or public office and failing
to list any/all governmental entities as to which he was an official, employee,
candidate, or nominee.
II. FINDINGS:
Tucker served as a Member of the North and South Shenango Joint Municipal Authority
("Authority") Board from April 13, 1991, to March 2021.
a. Tucker was appointed to the Authority Board by the South Shenango Township
Board of Supervisors to fill the unexpired appointment of Frank Arey, which was
to extend to January 1, 1983.
b. Tucker was reappointed to the Authority Board for a five-year term by the South
Shenango Township Board of Supervisors at its January 3, 1983, reorganization
meeting and reappointed to additional five-year terms at subsequent reorganization
meetings on the following dates:
January 4, 1988 January 4, 1993 January 4, 1998 January 6, 2003
January 7, 2008 January 7, 2013 January 2, 2018
Tucker served as Treasurer of the Authority Board from at least January 9, 2008,
until February 10, 2015, and he served as Vice Chairman of the Authority Board
from at least February 11, 2015, until January 13, 2021.
d. Tucker was not compensated in his position as an Authority Board Member.
2. In approximately August 2020, the South Shenango Township Board of Supervisors sent
Tucker an undated certified letter signed by all three Township Supervisors, Joe
Livingston, Michael Richter, and Nick Ceremuga, asking Tucker to provide his resignation
as a Member of the Authority Board within seven days of the letter.
a. The green card certification showed the letter was signed for on August 24, 2020,
by J Emrich, agent for Tucker.
b. When Tucker did not resign his position, the South Shenango Township Board of
Supervisors filed suit in the Court of Common Pleas of Crawford County to remove
Tucker from the Authority Board.
C. A one -day hearing was held in the Court of Common Pleas of Crawford County
Civil Division on January 21, 2021, before the Honorable William R. Cunningham,
Case #AD 2020-499.
Tucker, 21-026
Page 3
d. On February 8, 2021, Judge Cunningham issued an Opinion/Order removing
Tucker as a Member of the Authority Board effective the 31" day following the
date of filing of the Order with the Crawford County Prothonotary's Office, The
Opinion/Order included in part:
• "The Authority Board has no legal ability to compensate itself. Instead,
Board members `shall receive such salaries as may be determined by the
governing body of the municipality...."' "These governing bodies declined
to provide any salary for Authority Board members."
• "There is no federal, state or local mandate that Respondent, or any
Authority member, attend a conference. Authority Board members were
not required to earn continuing education credits on an annual basis to stay
in office."
• "Neither Respondent nor [Valerie Kean] Staab could articulate any
legitimate benefit the Authority received by virtue of their attendance at
WEF'TEC for five straight years. There were no ideas, policies,
technologies, funding sources, grants or any form of improvement that were
even suggested by Respondent based on his attendance at WEFTEC."
3. The Authority was formed in 1974 as a joint authority by the Townships of North Shenango
and South Shenango.
a. Articles of Incorporation were filed with the Pennsylvania Department of State on
December 5, 1974.
b. The Authority was formed pursuant to the requirements of the Pennsylvania
Municipality Authorities Act of 1945, as amended.
C. As a municipal authority, the Authority's purpose is to construct, finance, and
operate a wastewater treatment facility for the area of North and South Shenango
Townships.
4. Bylaws of the Authority were originally adopted on December 30, 1974, and Certificates
of Amendments were issued by the Pennsylvania Department of State on July 12, 1988,
and October 19, 2011.
a. The Certificates of Amendments extended the existence of the Authority to the
dates of December 31, 2028, and July 15, 2061, respectively.
b. When establishing the Authority, the North Shenango Township Supervisors and
the South Shenango Township Supervisors chose not to allow the Authority Board
Members to be compensated.
Tucker, 21-026
Page 4
S. Article II of the Authority Bylaws provided for the appointment of officers including:
Chairman
Vice Chairman
Secretary
Treasurer
Assistant Secretary -Treasurer
6. The Chairman, as identified in the Authority Bylaws, "shall preside at all meetings of the
Board of the Authority. Except as otherwise authorized by resolution of the Board of the
Authority, the Chairman shall sign all contracts, deeds and other instruments made by the
Authority. At each meeting, the Chairman shall submit such recommendations and
information as he may consider proper concerning the business, affairs and policies of the
Authority."
7. The Authority is governed by a six -Member Board, with three Members appointed by the
North Shenango Township Supervisors and three Members appointed by the South
Shenango Township Supervisors.
a. Authority Board Members are appointed to a five-year term unless they are
appointed to fill an unexpired term.
b. The Authority holds one meeting a month on the second Wednesday of the month.
The annual reorganization meeting is held the second Wednesday in
January before the regular monthly Board meeting.
2. Voting occurs at the regular monthly meeting unless specifically advertised
otherwise.
3. Special meetings are held as necessary.
8. At all times relevant to the investigation, voting at Authority meetings occurred via an
individual roll call vote.
a. Each individual Authority Board Member's vote, including abstentions, was
recorded on the voting roster by Authority General Manager Michael Klink
("Klink").
1. The Authority Board meeting minutes prepared by Klink identified
unanimous votes, individual no votes, and individual abstentions.
aa. The Authority Board meeting minutes did not identify individual
yes votes.
Tucker, 21.-026
Page S
9. Klink emailed or mailed via U.S. First Class Mail a meeting packet to the Authority Board
Members the Friday before the meeting.
a. Information in the meeting packet included the meeting agenda, prior month's
meeting minutes, financial report, bill list, manager's report, correspondence
received, collection procedures report, and consulting engineer's report.
10. The financial report included a general ledger report and a list of checks written during the
prior month.
a. Included in the financial report were checks written to Tucker, if applicable, in the
prior month for reimbursement of expenses he incurred.
11. The bill list identified the bills to be paid which were received at the Authority from the
last Authority Board meeting until the current Authority Board meeting.
a. At each Authority Board meeting, Authority Bookkeeper Susan Dvorsky
("Dvorsky") presented the bills/invoices to be paid on a table for Authority Board
Members to review and approve for payment.
1. Included in the bills/invoices laid out by Dvorsky were the Authority -issued
credit card statements and the receipts.
aa. Dvorsky typically requested an itemized receipt for each individual
charge on an Authority -issued credit card.
b. The bill list only included the total monthly payment for each Authority -issued
credit card bill.
1. The bill list did not identify each individual charge on the Authority -issued
credit card(s).
12. The Authority had a long-standing practice which required itemized receipts for items
charged to an Authority -issued credit card and when requesting reimbursement of
expenses.
a. Despite this practice Tucker did not provide receipts for items charged to his
Authority -issued credit card.
13. From January 2016 through December 2020, signature authority over the Authority
accounts rested with the Chairman and Vice Chairman of the Authority Board, at a
minimum,
a. Authority checks required two authorized signatories.
Tucker, 21-026
Page 6
b. From at least January 2016 until December 2020 Valerie Kean Staab ("Kean
Staab") was an authorized signer on the Authority bank account along with Tucker.
C. The Authority instituted a facsimile stamp with the signatures of the Authority
Board Chairman and the Authority Board Treasurer on one stamp.
1. The facsimile stamp had the signatures of Kean Staab and Tucker.
aa. The stamp was made prior to 2016 when Tucker had signature
authority as the Authority Board Treasurer.
d. Using the facsimile stamp, Klink signed the Authority checks, and then he initialed
by the stamped signatures, indicating that the purchase was legitimate and that the
Authority Board could approve payment.
14. Prior to 2020 the Authority did not have a comprehensive operations manual outlining its
day-to-day operations.
a. The Authority had an Employee Personnel Policy Handbook which had a revision
date of April 20, 2009.
15. At the January 11, 2017, January 10, 2019, and January 9, 2019, reorganization meetings,
the Authority Board voted to approve payment of out-of-pocket expenses and a mileage
rate in accordance with the IRS per mile rate related to travel for general training for
Authority Board Members and employees and their guests.
a. At the January 2016 reorganization meeting, the Authority Board voted to approve
the payment of out-of-pocket expenses related to travel for training for Authority
Board Members and employees.
1.6. Meeting minutes since at least 2016 reflect that the Authority Board did not vote on
attending specific conferences, trainings or meetings.
a. The meeting minutes sometimes identified a conference, training or meeting and
who was attending.
b. The meeting minutes do not show any discussion or information shared as to what
was learned when Authority Board Members or employees attended the
conferences, trainings, or meetings.
17. Typically, before traveling to conferences, Klink or Dvorsky would prepare and submit a
Mileage Report Form for Authority Board Members requesting mileage reimbursement
from the Authority.
a. The mileage reimbursement form showed the start date and end date of the travel,
the start and end destination, the purpose, the number of miles traveled in each
Tucker, 21 -026
Page 7
18.
IN
segment of the travel, and the amount to be paid, i.e., total number of miles traveled
times the applicable federal mileage reimbursement rate.
l . An Authority check was then issued to the traveler.
b. Kean Staab identified the travel dates for out-of-state trips.
The Authority's annual budget had a line item for Authority Board expenses which
included funds to travel to conferences, trainings, and meetings.
a. Since 2013 the Board Expense budgeted line item and the amount spent were as
shown:
2013 2014 2015
Budget Actual Budget Actual Budget Actual
$7,000 $2,652 $10,000 $22,928 1 $20,000 $25,945*
2017 2018 2019
Budget Actual Budget Actual Budget Actual
$10,000 $20,172** $10,000 $30,522 $10,000 $19,271***
*Per Black Bashor & Porsch audit; Authority shows $27,224
**Per Black Bashor & Porsch audit; Authority shows $19,990
***Per Maloney Reed Scarpitti & Company audit
2016
Budget Actual
$10,000 $16,259
Tucker also served on the Jamestown Area School District ("JASD") School Board for
forty years, leaving the JASD School Board at the end of his term in November 2021.
a. Since at least 2016 Tucker served as the JASD representative to the Midwestern
Intermediate Unit IV ("MIU4").
b. Since at least 2016 Tucker served as a Member of the MIU4 Board, and as such he
attended the MIU4 Board meetings and PASA-PSBA ("Pennsylvania Association
of School Administrators - Pennsylvania School Boards Association") annual
School Leadership Conference ("Conference") in Hershey, Pennsylvania.
1. MIU4 offered to pay the travel expenses of its Board Members attending
the PASA-PSBA Conference instead of the Board Members' home districts
paying the travel expenses.
aa. MIU4 paid Tucker's travel expenses to attend the PASA-PSBA
Conference since at least 2016.
2. Since at least 2014 MIU4 Board Members traveling to the PASA-PSBA
Conference have received a meal per diem check prior to the start of the
Conference which is calculated using the federal government per diem rate.
Tucker, 21-026
Page S
aa. The meal per diem check covers the per diem of the attending Board
Member for the two full days and two half days of the PASA-PSBA
Conference.
3. MIU4 cannot stop a Board Member attending the PASA-PSBA Conference
from taking a guest, but MIU4 does not pay for the guest.
aa. Since at least 2016 Tucker took his significant other, Linda Baker
("Baker"), to the PASA-PSBA Conference each year.
4. Using the current federal mileage rate, MIU4 reimburses a Board Member's
mileage expenses every six months via an MIU IV Board Member Travel
Expense Voucher showing their round-trip mileage to each monthly Board
meeting, the annual PASA-PSBA Conference in Hershey in October, and
the MIU4 annual convention/Board meeting in April.
aa. The MIU4 reimburses a Board Member's mileage expenses every
six months — the periods of January through June and July through
December.
20. In 2004 Klink was hired as the General Manager of the Authority.
a. Soon after being hired as the General Manager, Klink was issued an Authority
credit card.
1. Beginning in 2016 Klink used an Authority -issued First National Bank Visa
credit card ending in 5754.
21, In 2015 Dvorsky was hired at the Authority as the Authority Secretary/Bookkeeper.
a. She was issued an Authority credit card.
1. Beginning in 2016 Dvorsky used an Authority -issued First National Bank
Visa credit card ending in 5770.
22. In 2019 Kean Staab suggested that every Authority Board Member be issued her/his own
Authority credit card.
a. Kean Staab told the Authority Board that she made this suggestion in order to
provide accountability for expenses incurred.
b. Not every Authority Board. Member opted to have an Authority -issued Visa credit
card.
Tuckei, 21-026
Page 9
C. In or around July 2019 Tucker was issued an Authority Visa credit card ending in
5154.
1. The credit card was issued through First National Bank in the name of John
Tucker.
2. The monthly statement was addressed to Tucker, North -South Shenango
JMA at the Authority address.
3. The credit card had a $3,000.00 credit limit.
THE FOLLOWING FINDINGS RELATE TO TUCKER'S EXPENSES IN CONNECTION
TO PENNSYLVANIA MUNICIPAL AUTHORITIES ASSOCIATION EVENTS
ATTENDED IN 2016, 2017, 2018, AND 2019.
23. The Pennsylvania Municipal Authorities Association ("PMAA") is the recognized
association for municipal authorities in the Commonwealth of Pennsylvania.
a. PMAA, founded in 1941, was established "to assist municipal authorities in
providing services that protect and enhance the environment and promote the
economic vitality and general welfare of the Commonwealth of Pennsylvania and
its citizens."
24. PMAA is divided into ten regions.
a. Crawford County is located in Region 8.
b. The Authority is located within the boundaries of Region 8.
1. Tucker was a Member of the PMAA Board of Directors.
aa. He served as the Region 8 Director from April 14, 2016, to
September 2019.
i. As such he served on the PMAA Board of Directors from
April 14, 2016, to September 2019.
25. PMAA holds various events for the benefit of its Members, including the following:
a. Annual Conference and Trade Show;
b. Board Member training; and
C. Dimmer meetings in the spring and fall for each region.
Tucker, 21-026
Page 10
26. The Authority Board meeting minutes for all years relevant to this matter only showed who
attended the 2016 PMAA conference and did not show the Authority Board voting for
specific Authority Board Members or Authority employees to attend the annual PMAA
conference.
27. Tucker, as an Authority Board Member, regularly attended various events hosted by
PMAA.
a. Tucker took Baker, his significant other, to PMAA events.
I. At no time relevant to this matter did Baker hold any position with the
Authority.
28. PMAA has an Annual Conference and Trade Show ("Annual Conference") in or around
August or September of each year.
a. The location of the Annual Conference varies from year to year, alternating
between a location in the western part of the Commonwealth, the eastern part of
the Commonwealth, and a more central location.
b. As part of the registration fee, the Annual Conference provides some meals for no
extra charge for those attending the Annual Conference.
1. Dinner as well as some of the other meals are an additional charge.
aa. The attendee's spouse/guest can attend the dinners for an additional
charge.
2. Some meals are complimentary for both the attendee and their spouse/guest
but require registration.
c. The Annual Conference has a "Spouse Program" for the spouses/guests of attendees
in which they tour/visit a local point of interest.
1. Some of the Spouse Program tours are an additional charge.
aa. In some years the Authority paid an additional fee for Baker to
attend a Spouse Program event.
29. Tucker attended the Annual Conference from at least 2016 through 2019.
a. In addition to Tucker, Authority representatives who attended the Annual
Conference from 2016 through 2019 were Kean Staab, Dieter Meyer ("Meyer"),
and Klink.
Tucker, 21-026
Page l 1
1. Kean Staab was appointed to the Authority Board by North Shenango
Township on January 2, 2001, and she served until resigning her position
effective January 4, 2021.
2. Meyer was appointed to the Authority Board by North Shenango Township
on January 6, 2003, and he served until resigning his position effective
January 4, 2021.
b. Authority Board Member Larry Jewart ("Jewart") and Authority Bookkeeper
Dvorsky attended the 2018 Annual Conference in Brie, Pennsylvania.
1. Jewart was appointed to the Authority Board by South Shenango Township
on August 9, 2016, and he continues to serve.
C. As the Region 8 representative on the PMAA Board of Directors, Tucker arrived at
the Annual Conference on Saturday to attend the Saturday night appreciation dinner
and the PMAA Board of Directors' meeting on Sunday morning.
1. PMAA provides a box lunch for the participants in the Sunday PMAA
Board of Directors' meeting.
30. While at the Annual Conference, Baker kept all the receipts from the trip in an envelope.
a. When they returned home, Baker gave Tucker all the receipts from the trip for him
to identify the ones to turn into the Authority for reimbursement.
2016 PMAA CONFERENCE, WYNDHAM GRAND, PITTSBURGH
31. The 2016 Annual Conference was held in Pittsburgh, Pennsylvania from Sunday, August
28, 2016, through Wednesday, August 31, 2016, at the Wyndham Grand Pittsburgh
Downtown located at 600 Commonwealth Place, Pittsburgh, PA 15222.
32. The Authority paid a conference registration fee of $285.00 for Tucker to attend the Annual
Conference.
a. Dvorsky registered the Authority attendees for the Annual Conference.
b. The conference registration fee was charged on July 26, 2016, to Dvorsky's
Authority -issued First National Bank Visa credit card 5770.
1. Dvorsky's Authority -issued Visa credit card statement ending September 2,
2016, showed a payment of the registration fee via an internet payment on
August 26, 2016.
aa. At the September 14, 2016, Authority Board meeting, the Authority
Board voted to approve the August 2016 financial report which
Tucker, 21-026
Page 12
included the $1,513.90 total payment to First National Bank Visa
credit card 5770 that included Tucker's Annual Conference
registration fee.
Tucker was present and voted to approve the August 2016
financial report.
C. The Annual Conference registration fee included complimentary breakfasts for
registrants on Monday, August 29, 2016, and Tuesday, August 30, 2016, and a
complimentary lunch on Tuesday, August 30, 2016.
1. The complimentary breakfasts and lunch were open to a spouse/guest but
registration was required.
33. Tucker was registered for PMAA-sponsored events that required an additional fee to be
paid as shown below:
Date of
Registered
Event
Event
Individual
Cost
Professional Luncheon
8/29/2016
Tucker
$29.00
Heinz Field - Dinner and Tour
8/29/2016
Tucker+l
$118.00
Awards Banquet
8/30/2016
Tucker+l
$1 I8.00
Wednesday Breakfast
8/31/2016
Tucker+l
$42.00
Total
$307.00
a. The fees to attend these additional events were paid with Authority check 98998
issued August 19, 2016, with facsimile signatures of Kean Staab and Tucker and
initialed by IClink.
1. At the September 14, 2016, Authority Board meeting, the Authority Board
voted to approve the August 2016 financial report which included check
#8998 dated August 19, 2016, payable to PMAA for $870,00.
aa. Tucker was present and voted to approve the August 2016 financial
statement.
b. The fees to attend the additional events included Baker's attendance at the Monday
Heinz Field Dinner and Tour ($59.00), the Tuesday Awards Banquet ($59.00), and
the Wednesday closing breakfast ($21.00).
34. Tucker was registered to stay at the Wyndham Grand Pittsburgh Downtown located at 600
Commonwealth Place, Pittsburgh, PA 15222.
a. Tucker arrived on Saturday, August 27, 2016, and departed on Wednesday, August
31, 2016.
Tucker, 21-026
Page 13
1. Wyndham Grand records showed Tucker's check in time was 2:31 p.m.
Saturday, August 27, 2016, and his checkout time was 10:08 a.m.
Wednesday, August 31, 2016.
b. The room rate was $189.00 plus taxes for Saturday night, August 27, 2016, and
$179.00 plus taxes for Sunday night, August 28, 2016, through Tuesday night,
August 30, 2016.
1. Tucker was charged a $45.00/day fee for valet parking except for August
29, 2016, when he was charged $30.00.
aa. The $45.00/day valet parking fee was for a large vehicle such as a
truck.
2. Baker accompanied Tucker to Pittsburgh and stayed in the same room with
him.
aa. Lodging did not require additional expenses for a second person in
the room.
35. Charges to Tucker's room account at the Wyndham Grand included the following:
County unty
State
Total
Occupancy
Occupancy
Expenses
Date Weekday Room Taxes
Taxes
Valet Parking
Per Day
8/27/2016 Saturday $189.00 $13.23
$13.23
$45.00
$260.46
8/28/2016 Sunday $179.00 $12.53
$12.53
$45.00
$249.06
8/29/2016 Monday $179,00 $12.53
$12.53
$30.00
$234,06
8/30/2016 Tuesday $179.00 $12.53
$12.53
$45.00
$249,06
Total
$992.64
a. Tucker's hotel charge of $992.64 was paid with
Klink's Authority -issued Visa
credit card 5754 on August 31, 2016,
1. Authority records show the credit card with the hotel charges was paid via
an internet payment on September 22, 2016.
aa. At the October 12, 2016, Authority Board meeting, the Authority
Board voted to approve the financial report for September 2016
which included the payment of $5,348.14 to First National Bank
Visa credit card 5754 that included the payment of Tucker's hotel
charges.
Tucker was not present at the meeting.
36. The Annual Conference offered a complimentary breakfast and lunch on Tuesday, August
30, 2016, and Tucker and Baker were registered for the Awards Banquet that night.
Tucker, 21-026
Page 14
a. Klink's hotel folio showed the following three charges at Wyndham Grand
Downtown Pittsburgh:
8/30/2016 Three Rivers Restaurant $72.99
8/30/2016 Three Rivers Pub $152.59
8/30/2016 Three Rivers Pub $129.56
1. Wyndham Grand did not provide receipts for the three restaurant/pub
charges on Klink's hotel folio.
2. Three Rivers Restaurant hours were approximately Monday through
Saturday 6:30 a.m. to 2:00 p.m. for breakfast and lunch and then 5:00 p.m.
to 10:00 p.m. for dinner.
aa. Klink and some of the Authority representatives and their guests had
lunch on August 30, 2016, at Three Rivers Restaurant.
3. Three Rivers Pub was open approximately from noon to midnight serving
alcohol and also burgers, sandwiches, wings, salads, and appetizer type
food.
b. The Authority representatives and their guests often met in a restaurant/bar on the
hotel property before and after the Awards Banquet and had food and drink.
1. Tucker and Baker usually did not participate in the group gathering prior to
the Awards Banquet because Tucker was assisting with the event, but they
did participate with the group after the Awards Banquet.
2. The Authority paid for six tickets to the Awards Banquet; Tucker and
Baker's share of the Three Rivers Pub receipt ($129.56) after the Awards
Banquet was $43.18.
C. Authority records show that Klink's hotel charge of $1,138.22, including the
restaurant charges, was paid via an internet payment on September 22, 2016.
1. At the October 12, 2016, Authority Board meeting, the Authority Board
voted to approve the financial report for September 2016 which included
the payment of $5,348.14 for First National Bank Visa credit card 5754 that
included the payment of Klink's hotel charges.
aa. Tucker was not present at the meeting.
37. The Authority paid personal expenses of $242.18 for Tucker to attend the 2016 Annual
Conference as shown:
Tucker, 21-026
Page 15
2016 PMAA Conference Wyndham Grand Downtown Pittsburgh
8/29/2016 Monday Heinz Field - Dinner and Tour (Baker's ticket) $59.00
8/30/2016 Tuesday Awards Banquet (Baker's ticket) $59.00
8/30/2016 Tuesday Three Rivers Pub ($129.56 6 Guests $21.59 ea) $43.18
8/31/20I6 Wednesday Wednesday Breakfast (Baker's ticket) $21.00
Tips $60.00
Total $242.18
a. Other than the Heinz Field Dinner and Tour and Awards Banquet guest fees, the
expenses were all charged to Klink's Authority -issued Visa credit card 5754.
1, The Heinz Field Dinner and Tour and Awards Banquet guest fees were paid
by Authority check 48998 dated August 19, 2016.
2017 PMAA CONFERENCE - HERSHEY LODGE, HERSHEY
38. The 2017 Annual Conference was held in Hershey, Pennsylvania from Sunday, September
10, 2017, through Wednesday, September 13, 2017, at the Hershey Lodge & Convention
Center, 325 University Drive, Hershey, PA 17033.
39. The Authority paid a conference registration fee of $325.00 for Tucker to attend the Annual
Conference.
a. The conference registration fee was charged on August 21, 2017, to KlirI's
Authority -issued Visa credit card 5754.
1. Klink's credit card statement showed payment of the registration fee via
internet payment on September 26, 2017.
aa. At the October 11, 2017, Authority Board meeting, the Authority
Board voted to approve the September 2017 financial report which
included the payment of $3,523.75 to Klink's First National Bank
Visa credit card 5754 that included Tucker's Annual Conference
registration fee.
i. Tucker was present and voted to approve the September
2017 financial report.
b. The conference registration fee included complimentary breakfasts for registrants
on Monday, September 11, 2017, and Tuesday, September 12, 2017, and a
complimentary lunch on Tuesday, September 12, 2017.
40. Tucker and his guest Baker were registered for PMAA-sponsored events that required an
additional fee to be paid as shown below:
Tucker, 21-026
Page 16
Date of
Event
Event
Cost
9/11/2017
Monday
Awards Banquet
$59.00
9/11/2017
Monday
Awards Banquet - Baker Ticket
$59.00
9/12/2017
Tuesday
PMAA Then and Now Dinner
$59.00
9/12/2017
Tuesday
PMAA Then and Now Dinner - Baker Ticket 1/2 price
$29.50
9/13/2017
Wednesday
Conference Closing Breakfast -Meet Milton Hershey
$21.00
9/13/2017
Wednesday
Conference Closing Breakfast -Meet Milton Hershey - Baker Ticket
$21.00
Total
$248.50
a. The
fees to attend
these additional PMAA-sponsored events were charged on
August 21, 2017,
to Klink's Authority -issued Visa credit card 5754.
1. Klink's credit card statement showed payment of the charges for the
additional events via internet payment on September 26, 2017.
aa. At the October 11, 2017, Authority Board meeting, the Authority
Board voted to approve the September 2017 financial report which
included the payment to First National Bank Visa credit card 5754
that included Tucker's additional Annual Conference -sponsored
event fees.
Tucker was present and voted to approve the September
2017 financial report.
41. Tucker was registered to stay at the Hershey Lodge & Convention Center, 27 West
Chocolate Avenue, Hershey, PA 17033.
a. The room rate was $189.00/night.
b. Tucker arrived on Saturday, September 9, 2017, and departed on Wednesday,
September 13, 2017.
I . Baker accompanied Tucker to Hershey and stayed with him.
aa. Lodging did not require additional expenses for a second person in
the room.
42. Charges to Tucker's room account at the Hershey Lodge & Convention Center included
the following:
Date
Weekday
Deserintion
Charge
9/9/2017
Saturday
Room/Package
$189.00
9/10/2017
Sunday
Room/Package
$189.00
9/11/2017
Monday
Room/Package
$189.00
9/12/2017
Tuesday
Room/Package
$189.00
County Occupancy Tax
$37.80
Tucker, 21-026
Page 17
Occupancy Tax $45.36
Total $839.16
6/6/2017 Deposit Visa 5754 $199.79
9/13/2017 Wednesday Balance Due Visa 5754 $639.37
43. The total hotel charge for Tucker's stay was $639.37.
a. On June 6, 2017, a deposit of $199.79 to hold the room was charged to Klink's
Authority -issued Visa credit card 5754.
1. Authority records show that the credit card with the hotel down payment
was paid via an internet payment on July 26, 2017.
aa. At the August 9, 2017, Authority Board meeting, the Authority
Board voted to approve the financial report for July 2017 which
included the payment of $1,189.77 to First National Bank Visa
credit card 5754 that included Tucker's hotel down payment.
Tucker was present and voted to approve the July 2017
financial report.
b. Tucker's hotel balance of $639.37 was paid on September 13, 2017, using Klink's
Authority -issued credit card 5754.
1. Authority records show that the credit card with the hotel balance was paid
via an internet payment on October 2, 2017.
aa. At the November 1, 2017, Authority Board meeting, the Authority
Board voted to approve the financial report for October 2017 which
included the payment of $8,261.49 to First National Bank Visa
credit card 5754 that included Tucker's hotel balance.
Tucker was present and voted to approve the October 2017
financial report.
44. Tucker submitted food and drink receipts for reimbursement.
a. Tucker submitted the following receipts:
Date
Weekday
Expense
Amount
9/9/2017
Saturday
McDonald's (Greenville)
$5.57
9/9/2017
Saturday
Arby's Restaurant Milroy (12:24 p.m.) "Linda"
$12.15
9/10/2017
Sunday
Bob Evans Hummelstown (09:52 a.m.)
$21.30
9/10/2017
Sunday
Wendy's Hershey (1:11 p.m.)
$7.70
9/1 1/2017
Monday
Bob Evans Hummelstown (10:20 a.m.)
$14.05
9/12/2017
Tuesday
McDonald's Manheim (10:10 a.m.)
$3.18
9/12/2017
Tuesday
TG1 Friday's Lancaster (12:53 p.m.)
$35.68
Tucker, 21 -026
Page 18
9/13/2017 Wednesday Bob Evans Hummelstown (09:19 a.m.) $14.80
9/13/2017 Wednesday McDonald's Philipsburg (12:22 a.m.) $8.76
1. Tucker's receipts totaled $123.19 but he requested $173.20 in
reimbursements.
b. Tucker received $173.20 in reimbursement for travel expenses related to the
Annual Conference in I-lershey.
1. The reimbursement was part of Authority check #10125, dated September
27, 2017, in the amount of $263.08, with facsimile signatures of Kean Staab
and Tucker and initialed by Klink payable to Tucker for travel expenses
related to the Annual Conference and for mileage reimbursement to
WEFTEC 2017.
aa. At its October 11, 2017, Authority Board meeting, the Authority
Board voted to approve the September 2017 financial report which
included the payment of Authority check #10125,
i. Tucker was present and voted to approve the September
2017 financial report.
C. Tucker accepted $50.00 more than the receipts he submitted for reimbursement.
45. The Authority paid additional personal expenses of $264.88 for Tucker to attend the
Annual Conference in Hershey.
Date
Weekday
Expense
Amount
9/9/2017
Saturday
McDonald's Greenville ($5.57/2)
$2.79
9/9/2017
Saturday
Arby's Restaurant Milroy (12:24 p.m.) "Linda"
$12.15
9/10/2017
Sunday
Bob Evans Hummelstown (09:52 a.m. $21.30/2)
$10.65
9/10/2017
Sunday
Wendy's Hershey (1:11 p.m.)
$7.70
9/11/2017
Monday
Bob Evans Hummelstown (10:20 a.m.)
$14.05
9/11/2017
Monday
Awards Banquet -Baker ticket
$59.00
9/12/2017
Tuesday
McDonald's Manheim (10:10 a.m.)
$3.18
9/12/2017
Tuesday
TG1 F'riday's Lancaster (12:53 p.m.)
$35.68
9/12/2017
Tuesday
Banquet PMAA Then and Now -Baker ticket
$29.50
9/13/2017
Wednesday
Closing Breakfast Meet Milton Hershey -Baker ticket
$21.00
9/1312017
Wednesday
Bob Evans Hummelstown (09:19 a.m.)
$14.80
9/13/20I7
Wednesday
McDonald's Philipsburg (12:22 a.m.)
$4.38
Unidentified requested reimbursement
$50.00
$264.88
2018 PMAA CONFERENCE - BAYFRONT CONVENTION CENTER, ERIE
46. The 2018 Annual Conference was held in Erie, Pennsylvania from Sunday, September 9,
2018, through Wednesday, September 12, 2018, at the Bayfront Convention Center, 1
Sassafras Pier, Erie, Pennsylvania.
Tucker, 21-026
Page 19
47.
48.
The Authority paid a conference registration fee of $295.00 for Tucker to attend the Annual
Conference.
a. The registration fee was paid with Authority check #10934 dated June 22, 2018,
payable to PMAA.
1. The check had the signature stamp of Kean Staab and Tucker and Klink's
initials.
aa. At the July 11, 2018, Authority Board meeting, the Authority Board
voted to approve the June 2018 financial report which included
Authority check #10934 to PMAA in the amount of $3,106.00 that
included Tucker's Annual Conference registration fee.
i. Tucker was present and voted to approve the June 2018
financial report.
b. The payment of the registration fee included an opening ceremonies complimentary
breakfast on Monday, September 10, 2018, and a complimentary breakfast and
complimentary lunch on Tuesday, September 11, 2018.
Tucker and Baker were registered for PMAA-sponsored events that required additional
fees to be paid:
9/10/2018
Monday
Board Members Lunch
$29.00
9/10/2018
Monday
Awards Banquet
$59.00
9/10/2018
Monday
Awards Banquet - Baker Ticket
$59.00
9/11/2018
Tuesday
Night on the Bayfront
$59.00
9/11/2018
Tuesday
Night on the Bayfront - Baker Ticket
$59.00
9/12/2018
Wednesday
Conference Closing Breakfast -Ghost Stories of Erie
$18.00
9/12/2018
Wednesday
Conference Closing Breakfast -Ghost Stories of Brie - Baker Ticket
$18.00
Total
$301.00
a. The fees to attend
the additional PMAA-sponsored events were paid with Authority
check #10934 dated June 22, 2018, payable to PMAA.
1. The check had the signature stamp of Kean Staab and Tucker and Klink's
initials.
aa. At the July 11, 2018, Authority Board meeting, the Authority Board
voted to approve the June 2018 financial report which included
Authority check 910934 to PMAA in the amount of $3,106.00 that
included payment for Tucker and Baker's additional PMAA-
sponsored events.
Tucker, 21-026
Page 20
i. Tucker was present and voted to approve the June 2018
financial report.
49. Tucker was registered to stay at the Courtyard by Marriot, 2 Sassafras Pier, Erie, PA 16507
when he attended the Annual Conference.
a. The folio showed that Tucker arrived on Saturday, September 9, 2018 4:22 p.m.
and departed on Wednesday, September 12, 2018 10:15 a.m.
1. The room rate for Tucker's Sunday and Monday night stays was
$244.00/night plus taxes.
2. The room rate for Tucker's Saturday night stay was $346.00 plus taxes and
his Tuesday night stay was $254.00 plus taxes.
b. The room folio showed two guests in the room.
l . Baker accompanied Tucker to Erie and stayed with him.
aa. Lodging did not require additional expenses for a second person in
the room.
50. Charges incurred to Tucker's room account at the Marriott included the following:
State Restaurant Total
Occupancy Occupancy Room Expenses
Date Weekday Room Sales Tax Tax Clue ep r Day
9/8/2018 Saturday $346,00 $24.22 $20.76 $390.98
9/9/2018 Sunday $244.00 $17.08 $14.64 $19.84 $295.56
9/10/2018 Monday $244.00 $17.08 $14.64 $28.32 $304.04
9/11/2018 Tuesday $254.00 $17.78 $15.24 $287.02
$1,088.00 $76.16 $65.28 $48.16 $1,277.60
a. Tucker's hotel charge of $1,277.60 was paid with Klink's Authority -issued Visa
credit card 5754 on September 13, 2018.
b. Klink's Authority -issued credit card statement showed payment of the hotel charge
via an internet payment on October 29, 2019.
1. At the November 14, 2018, Authority Board meeting, the Authority Board
voted to approve the financial report for October 2018 which included the
payment of $9,610.89 to First National Bank Visa credit card 5754 that
included payment of Tucker's hotel charges.
aa. Tucker was present and voted to approve the October 2018 financial
report.
Tucker, 21-026
Page 21
51. Payment of Tucker's hotel charges included a subsistence charge of $19.84 for one guest
on Monday, September 10, 2018, opening at 3:11 p.m. and closing at 3:56 p.m. for one
Erie burger and fries.
a. Tucker was registered to attend the Annual Conference breakfast at 8:00 a.m., the
Authority Board Members' lunch from 12:00 p.m, to 1.45 p.m., educational
sessions from 2:00 p.m. to 3:00 p.m. and 3:15 p.m. to 4:15 p.m., and the Awards
Banquet on Monday, September 10, 2018.
1. Baker stayed with Tucker as his guest when he attended the Annual
Conference in Erie.
b. Payment of Tucker's hotel charges included a subsistence charge of $28.32 for one
guest on Tuesday, September 11, 2018, opening at 1:28 p.m. and closing at 2:21
p.m. for one Erie burger, fries, side salad, and soda.
1. Tucker was registered to attend the Exhibitor luncheon which was open
from 12:00 p.m. to 2.00 p.m.
aa. Baker stayed with Tucker as his guest when he attended the Annual
Conference in Erie.
C. At the September 11, 2018, Night on the Bayfront dinner, the Authority attendees
and guests had drinks at the Shoreline Bar & Grille.
52. Tucker submitted food and drink receipts for reimbursement.
a. Tucker submitted the following receipts:
Date
Weekday
Expense
Amount
9/9/2018
Sunday
McDonalds Erie (10:18 a.m.)
$4.55
9/9/2018
Sunday
Target Erie snacks (11:49 a.m.)
$27.02
9/9/2018
Sunday
McDonalds Erie (12:47 p.m.)
$3.79
9/10/2018
Monday
McDonalds Erie (9:06 a.m.)
$4.45
9/11/2019
Tuesday
McDonalds Erie (10:24 a.m.)
$4.55
Olive Garden - no receipt
$15.00
Tips Paid Out
$30.00
$89.36
1. The Authority issued check #11197 dated September 14, 2018, in the
amount of $89.36 with facsimile signatures of Kean Staab and Tucker and
Klink's initials payable to Tucker as reimbursement for Tucker's expenses.
aa. At the October 10, 2018, Authority Board meeting, the Authority
Board voted to approve the September 2018 financial report which
included Authority check #11197 to Tucker in the amount of $89.36.
Tucker, 21-026
Page 22
Tucker was present and voted to approve the September
2018 financial report.
53. The Authority paid additional personal expenses of $298.28 for Tucker to attend the 2018
Annual Conference.
Date
Weekda
Expense
Amount
9/9/2018
Sunday
McDonalds Erie (10:18 a.m.)
$4.55
9/9/2018
Sunday
Target Erie snacks (11:49 a.m.)
$27.02
9/9/2018
Sunday
McDonalds Erie (12:47 p.m.)
$3.79
9/10/2018
Monday
PMAA Awards Banquet (Baker ticket)
$59.00
9/10/2018
Monday
McDonalds Erie (9:06 a.m.)
$4.45
9/ 10/2019
Monday
Marriott Room Charge
$19.84
9/1 1/2018
Tuesday
McDonalds Erie (10:24 a.m.)
$4.55
9/11/2018
Tuesday
Marriott Room Charge
$28.32
9/11/2019
Tuesday
Night on the Bayfront (Baker ticket)
$59.00
9/11/18
Tuesday
Night on the Bayfront (drinks Klink $99.00 8 gsts $12.38 ea)
$24.76
9/12/2018
Wednesday
Conference Closing Breakfast (Baker ticket)
$18.00
Olive Garden - no receipt
$15.00
Tips Paid Out
$30.00
$298.28
2019 PMAA ANNUAL CONFERENCE, KALAHARI RESORTS, POCONO MANOR
54. The 2019 Annual Conference was held in Pocono Manor, Pennsylvania from Sunday,
September 8, 2019, through Wednesday, September 11, 2019, at the Kalahari Resorts &
Conventions — Pocono Mountains located at 250 Kalahari Boulevard, Pocono Manor, PA
18349.
55. The Authority paid a conference registration fee of $295.00 for Tucker to attend the Annual
Conference.
a. The conference registration fee was charged on July 31, 2019, to Klink's Authority -
issued First National Bank Visa credit card 5754.
1. Klink's credit card statement showed payment of the registration fee via
internet payment on August 26, 2019.
aa. At the September 11, 201.9, Authority Board meeting, the Authority
Board voted to approve the August 2019 financial report which
included the payment to First National Bank Visa credit card 5754
that included Tucker's Annual Conference registration fee.
Tucker was present and voted to approve the August 2019
financial report.
Tuckej, 21-026
Page 23
b. The Annual Conference registration fee included an opening ceremonies
complimentary breakfast on Monday, September 9, 2019, and a complimentary
breakfast and complimentary lunch on Tuesday, September 10, 2019.
56. Tucker and Baker were registered for PMAA-sponsored events that required additional
fees to be paid as shown below:
Date
Weekday
Expense
Amount
9/9/2019
Monday
Shopping in the Poconos — Baker Ticket
$38.00
9/9/2019
Monday
Board Members/Solicitors Lunch
$30.00
9/9/2019
Monday
Awards Banquet
$59.00
9/9/2019
Monday
Awards Banquet — Baker Ticket
$59.00
9/10/2019
Tuesday
Night on the Boma
$59.00
9/10/2019
Tuesday
Night on the Boma -- Baker Ticket
$59.00
9/11/2019
Wednesday
Closing Breakfast
$21.00
9/11/2019
Wednesday
Closing Breakfast — BakerTicket
$21.00
Total
$346.00
a. The fees to attend the additional PMAA-sponsored events were charged to Klink's
Authority -issued First National Bank Visa credit card 5754 on July 31, 2019.
Klink's credit card statement showed that the fees to attend the additional
PMAA-sponsored events were paid via internet payment on August 26,
2019.
aa. At the September 11, 2019, Authority Board meeting, the Authority
Board voted to approve the August 2019 financial report which
included the $4,716.66 total payment to First National Bank Visa
credit card 5754 that included Tucker's additional PMAA-
sponsored event fees.
i. Tucker was present and voted to approve the August 2019
financial report.
57. Tucker was registered to stay at the Kalahari Resort located at the same address as the
Annual Conference ---- 250 Kalahari Boulevard, Pocono Manor, PA 18349.
a. Tucker arrived on Saturday, September 7, 2019, and departed on Wednesday,
September 11, 2019.
b. The room rate was $229.00/night plus taxes.
1. Initially on November 28, 2018, Tucker was booked for a desert suite room
with a room rate of $179.00/night plus taxes of $16.11/night, but later the
same day his room reservation was changed to a king whirlpool suite.
Tucker, 21-026
Page 24
aa. The Authority was charged an additional $50.00/night and taxes of
$4.50 for Tucker's upgraded room.
2. Baker accompanied Tucker to Kalahari and stayed with him.
aa. Lodging did not require additional expenses for a second person in
the room.
58. Charges incurred to Tucker's room account at Kalahari included the following:
State Kalahari Total
Occupancy Occupancy Restaurant Spa & Expenses
Date Weekday Room Sales Tax Tax Charges Salon per Day
9/7/2019 Saturday $229.00 $6.87 $13.74 - - $249.61
9/8/2019 Sunday $229.00 $6.87 $13.74 $51.62 - $ OLD
9/9/2019 Monday $229.00 $6.87 $13.74 $29.77 $135.00 $414.38
9/10/2019 Tuesday $229.00 $6.87 $13.74 $36.08 - $285.69
9/1.1/2019 Wednesday - - - $9.54 - $9.54
$916.00 $27.48 $54.96 $127.01 $135.00 $1,260.45
59. Tucker's hotel charges were paid with Klink's Authority -issued Visa credit card 5754.
a. A deposit of $249.61 on November 28, 2018, was made to Kalahari Resorts using
Klink's Authority -issued Visa credit card 5754.
1. Authority records show that the credit card with the hotel deposit was paid
via an internet payment on December 17, 2018.
aa. At the January 9, 2019, Authority Board meeting, the Authority
Board voted to approve the December 2018 financial report which
included the payment to First National Bank Visa credit card 5754
in the amount of $3,722.22 that included the deposit for Tucker's
Kalahari hotel room.
i. Tucker was present and voted to approve the December 2018
financial report.
b. A deposit of $748.83 was made using Klink's Authority -issued Visa credit card
5754 on August 31, 2019.
C. The payment for the hotel balance due of $262.01 was made using Klink's
Authority -issued Visa credit card 5754 on September 11, 2019.
1. Authority records show that the credit card with the hotel deposit ($748.83)
and hotel balance ($262.01) was paid via an internet payment on October
25, 2019.
jgcicer, 21-026
Page 25
aa. At the November 6, 2019, Authority Board meeting, the Authority
Board voted to approve the October 2019 financial report which
included the payment to First National Bank Visa credit card 5754
in the amount of $15,048.14 that included the hotel deposit and hotel
balance for Tucker's Kalahari Resort hotel room.
Tucker was present and voted to approve the October 2019
financial report.
60. Payment of Tucker's hotel charges included subsistence charges and one alcoholic
beverage as follows:
Date
Weekday
Time
Chafe
Amount
9/8/2019
Sunday
9:19 a.m.
2 Adult breakfasts
$51.62
9/9/2019
Monday
10.42a.m.
breakfast*
$10.87
9/9/2019
Monday
2:24 p.m.
1 lunch
$18.90
9/10/2019
Tuesday
2:59 p.m.
1 hinch**
$36.08
9/11/2019
Wednesday
9:50 p.m.
breakfast*
$9.54
*Appears to be breakfast for two **Includes one alcoholic drink $12.00
a. On Monday, September 9, 2019, a complimentary breakfast was provided by
PMAA to all registered attendees of the Annual Conference and their guests
beginning at 8:30 a.m.
1. Tucker was registered to attend the professional luncheon on Monday,
September 9, 2019, from 12:00 noon to 1:45 p.m.
aa. The Authority paid $30.00 for Tucker to attend the professional
luncheon.
2. On Monday, September 9, 2019, Tucker was registered to attend the
Modernizing Your Bond Indenture session from 2:00 p.m. to 3:00 p.m. and
the Procurement Best Practices session from 3:15 p.m. to 4:15 p.m.
b. On Tuesday, September 10, 2019, a complimentary breakfast and a complimentary
lunch were provided by PMAA to all attendees of the Annual Conference and their
guests.
1. On Tuesday, September 10, 2019, Tucker was registered to attend the
Making it Happen session from 8:30 a.m. to 9:30 a.m., the PA One Call
Law Updates session from 9:45 a.m. to 10:45 a.m., the Financial Update
session from 11:00 a.m. to 12:00 p.m., and the General Session from 2:00
p.m. to 5:00 p.m.
C. Tucker and Baker were registered to attend the closing breakfast on Wednesday,
September 11, 2019.
Tucker, 21-026
Page 26
1. The Authority paid $21.00 each for Tucker and Balser to attend the closing
breakfast.
61. Payment of Tucker's room folio showed a charge of $135.00 on Monday, September 9,
201.9, for Kalahari Spa/Salon.
a. The receipt showed Baker received a Relaxation Massage ($125.00) and Halo Add -
On ($20.00) with a $10.00 discount.
62. Tucker submitted a request for reimbursement of expenses on a handwritten note showing
the expenses but did not provide any receipts.
Tips Paid Out - Kalahari $25.00
Kings Barkeyville $25.00
a. Tucker received $50.00 in reimbursement for travel expenses related to the Annual
Conference in the Poconos.
1. The reimbursement was part of Authority check #12300, dated September
30, 2019, in the amount of $136.22, with facsimile signatures of Kean Staab
and Tucker and initialed by Klink payable to Tucker for travel expenses
related to the 2019 Annual Conference and for travel expenses related to the
2019 WEFTEC Conference.
aa. At its October 9, 2019, Authority Board meeting, the Authority
Board voted to approve the September 2019 financial report which
included the payment of Authority check #12300.
Tucker was present and voted to approve the September
2019 financial report.
63. The Authority paid personal expenses of $694.10 for Tucker to attend the 2019 Annual
Conference as shown below:
Date
Weekday
Chame
9/7/2019
Saturday
Kalahari Resorts & Conventions room upgrade
$54.50
9/8/2019
Sunday
Great Karoo (9:19 a.m.-9:21 a.m.)-($51.62 `/z Baker's)
$25.81
9/8/2019
Sunday
Ivory Coast (1:41 p.m.-2:41 p.m.) (Klink charge alcohol)
$10.38
Ivory Coast (1:41 p.m.-2:41 p.m.) (Klink food -tip -tax 5
9/8/2019
Sunday
gsts))
$15.02
9/8/2019
Sunday
Kalahari Resorts & Conventions room upgrade
$54.50
9/9/2019
Monday
.lava Manjaro (10:42 a.m.)
$10.87
9/9/2019
Monday
Kalahari Spa and Salon (2:13 p.m.)
$135.00
9/9/2019
Monday
Ivory Coast Ben Chzburger (2:24 p.m.-3:01 p.m.)
$18.90
9/9/2019
Monday
Shopping in the Poconos (Baker ticket)
$38.00
9/9/2019
Monday
Awards Banquet (Baker ticket)
$59.00
9/9/2019
Monday
Kalahari Resorts & Conventions room upgrade
$54.50
Tucker, 21-026
Page 27
9/10/2019
Tuesday
ivory Coast (2:59 p.m.)
$36.08
9/10/2019
Tuesday
Night on the Boma (Baker ticket)
$59.00
9/10/2019
Tuesday
Kalahari Resorts & Conventions room upgrade
$54.50
9/11/2019
Wednesday
Java Manjaro (9:50 a.m.-10:13 a.m.)
$9.54
9/11/2019
Wednesday
Conference Closing Breakfast (Baker ticket)
$21.00
Unknown
Tips Paid Out - Kalahari
$25.00
Unknown
Kings Barkeyville ($25 1/2 for Baker) No receipt
$12.50
Total $694.10
PMAA REGION 8 SPRING AND FALL DINNER MEETINGS
64. PMAA annually holds Region 8 spring and fall dinner meetings.
a. The date, cost, and location of the Region 8 spring and fall dinner meetings were
as follows:
Region 8 Spring Meeting
Date
Cost
April 29, 2016
$30.00
May 19, 2017
$40.00
June 22, 2018
$35.00
May 16, 2019
$30.00
Location
Riverside Inn at Cambridge Springs
The Brewerie at Union Station Brie
The Brewerie at Union Station Erie
Chovy's Italian Casual
Region 8 Fall Meeting
Date
Cost
October 6, 2016
$35.00
October 26, 2017
$40.00
October 25, 2018
$40.00
October 24, 2019
$40.00
Location
Silver Shores Restaurant
Silver Shores Restaurant
Silver Shores Restaurant
Chovy's Italian Casual
b. Tucker attended the Region 8 spring and fall dinner meetings during the years 2016
through 2019.
1. Baker attended these dinner meetings with Tucker as his guest.
65. The cost of the dinner for Authority Board Members and employees and their guests was
paid for by the Authority.
a. The Authority issued check #8656 dated April 26, 2016, with the facsimile
signatures of Kean Staab and Tucker and Klink's initials, made payable to PMAA
which included payment for Baker to attend the 2016 PMAA spring dinner meeting.
1. At its May 11, 2016, Authority Board meeting, the Authority Board voted
to approve the financial report for April 2016 which included the payment
of Authority check 48656.
aa. Tucker was present and voted to approve the April 2016 financial
report.
2. The Authority issued check #9689 dated September 30, 2016, with the
facsimile signatures of Kean Staab and Tucker and Klink's initials, payable
to PMAA which included payment for Baker to attend the 2016 PMAA fall
dinner meeting.
Tucker, 21-026
Page 28
aa. At its October 12, 2016, Authority Board meeting, the Authority
Board voted to approve the financial report for September 2016
which included the payment of Authority check #9689.
Tucker was not present at the meeting.
b. The Authority issued check 99505 dated May 15, 2017, with the facsimile
signatures of Kean Staab and Tucker and Klink's initials, made payable to PMAA
which included payment for Baker to attend the 2017 PMAA spring dinner meeting.
1. At its .tune 14, 2017, Authority Board meeting, the Authority Board voted
to approve the financial report for May 2017 which included the payment
of Authority check #9505.
aa. Tucker was present and voted to approve the May 2017 financial
report.
2. The Authority issued check #10192 dated October 19, 2017, with the
facsimile signatures of Kean Staab and Tucker and Klink's initials, payable
to PMAA which included payment for Baker to attend the 2017 PMAA fall
dinner meeting.
aa. At its November 1, 2017, Authority Board meeting, the Authority
Board voted to approve the financial report for October 2017 which
included the payment of Authority check # 10192.
i. Tucker was present and voted to approve the October 2017
financial report.
The Authority issued check 410918 dated .tune 20, 2018, with the facsimile
signatures of Kean Staab and Tucker and Klink's initials, made payable to PMAA
which included payment for Baker to attend the 2018 spring dinner meeting.
At its July 11, 2018, Authority Board meeting, the Authority Board voted
to approve the financial report for June 2018 which included the payment
of Authority check #10918.
aa. Tucker was present and voted to approve the June 2018 financial
report.
2. The Authority issued check #11287 dated October 18, 2018, with the
facsimile signatures of Kean Staab and Tucker and Klink's initials, payable
to PMAA which included payment for Baker to attend the 2018 fail dinner
meeting.
Tucker, 21-026
Page 29
aa. At its November 14, 2018, Authority Board meeting, the Authority
Board voted to approve the financial report for October 2018 which
included the payment of Authority check #11287.
i. Tucker was present and voted to approve the November
2018 financial report.
d. The Authority issued check #11908 dated May 9, 2019, with the facsimile
signatures of Kean Staab and Tucker and Klink's initials, payable to PMAA which
included payment for Baker to attend the 2019 spring dinner meeting.
1. At its June 12, 2019, Authority Board meeting, the Authority Board voted
to approve the financial report for May 2019 which included the payment
of Authority check 411908.
aa. Tucker was present and voted to approve the May 2019 financial
report.
2. The Authority issued check #12340 dated October 21, 2019, with the
facsimile signatures of Kean Staab and Tucker and Klink's initials, payable
to PMAA which included payment for Baker to attend the 2019 fall dinner
meeting.
aa. At its November 6, 2019, Authority Board meeting, the Authority
Board voted to approve the financial report for October 2019 which
included the payment of Authority check #12340.
i. Tucker was present and voted to approve the October 2019
financial report.
66. The Authority paid the personal expenses for Tucker's guest, Baker, to attend the PMAA
Region 8 spring and fall dinner meetings for the years 2016, 2017, 2018, and 2019 as
follows:
Meeting
Cost
Meeting
Spring 2016
$30.00
Fall 2016
Spring 2017
$40.00
Fall 2017
Spring 2018
$35.00
Fall 2018
Spring 2019
$30.00
Fall 2019
$135.00
Cast
BY_Yen I
$35.00
$65.00
$40.00
$80.00
$40.00
$75.00
$40.00
$70.00
$155.00 $290.00
THE FOLLOWING FINDINGS RELATE TO TUCKER'S EXPENSES IN RELATION TO
WATER ENVIRONMENT FEDERATION TECHNICAL EXHIBITIONS AND
CONFERENCES ATTENDED IN 2016, 2017, 2018, AND 2019.
67. The Water Environment Federation ("WEF") is a not for profit technical and educational
organization of individual members and affiliated member associations representing water
Tucker 21-026
Page 30
quality professionals around the world, and it provides technical education and training for
water duality professionals who clean water and return it safely to the environment.
68. WEF has an annual Technical Exhibition and Conference ("WEFTEC").
a. WEFTEC was held in New Orleans in 2016 and 2018 at the Ernest J. Morial
Convention Center,
1. The Ernest J. Morial Convention Center has 1.1 million square feet of
prime, contiguous exhibit space.
b. WEFTEC was held in Chicago in 2017 and 2019 at the McCormick Place
Convention Center.
1. The McCormick Place Convention Center has 2.6 million square feet of
exhibit space.
C. In its conference announcement, WEF identified the official conference hotels.
1. WEF provided complimentary shuttle bus access to the Exhibition Hall for
those staying inside the WEFTEC hotel block.
69. WEFTEC runs from Saturday through Wednesday each year.
a. An attendee can register to attend the full conference or register just for admission
to the Exhibition Hall.
b. WEFTEC offers various pre -conference and conference workshops, luncheons,
receptions, and networking events at an additional cost.
1. Registration for WEFTEC did not include any meals unless an attendee was
registered for a luncheon, reception or networking event.
aa. No Authority representatives and/or their guests were registered for
the luncheons, receptions or networking events.
C. The WEFTEC Exhibition Hall opens Monday morning and runs through
Wednesday.
1. The Exhibition Hall includes vendor displays and technology
advancements.
aa. To gain admission to the Exhibition Hall an attendee must pay a
registration fee and pick up their badge/lanyard at the convention
center or one of the designated hotel satellite locations identified in
the conference announcement.
Tucker, 21-026
Page 31
i. An attendee can pick up their badge/lanyard for the
Exhibition Hall any day from Saturday through Wednesday
at the designated locations and during designated times
identified in the conference announcement.
2. The vendor displays in the Exhibition Hall include different types of pumps,
pump systems, wastewater structure rehabilitation supplies, filters, pump
lining, chemical metering pumps, etc.
aa. Most of the products at the Exhibition Hall are the same each year.
70. Tucker, Baker, Kean Staab, Meyer, Klink, and Klink's guest were registered only for the
Exhibition Hall during the years 2016 through 2019.
a. They were not registered for any pre -conference or conference workshops,
luncheons, receptions, or networking events.
b. The time they spent in the host city on Saturday was not related to Authority
business.
71. Eric Tissue ("Tissue") previously worked as an engineer with KLH Engineers.
a. In 2000/2001 the Authority became one of Tissue's clients at KLH Engineers.
b. Tissue suggested to Klink that he (Klink) should attend WEFTEC to see the
equipment to be used in their new plant.
C. At an Authority Board meeting in 2013, Klink asked for Authority Board approval
to attend WEFTEC.
1. At the August 14, 2013, Authority Board meeting, Kean Staab requested
that the Authority Board consider offering the opportunity to attend
WEFTEC in Chicago to any interested Authority Board Members and
Klink.
aa. After a lengthy discussion it was agreed that any Authority Board
Members were welcome to attend with all expenses paid by the
Authority.
2. At the September 11, 2013, Authority Board meeting, Kean Staab
announced that Tucker, Meyer, Klink, and herself were planning to attend
WEFTEC 2013 in Chicago from Friday, October 4, through Monday,
October 7, 2013.
72. Authority Board Members and Klink have been attending WEFTEC since at least 2013.
Tucker, 21-026
Page 32
a. The Authority Board meeting minutes do not show the Authority Board voting each
year to specifically attend WEFTEC.
b. Other than the 2013 Authority Board meeting minutes, the Authority Board
meeting minutes do not show who attended WEFTEC.
73. The hotel rooms for WEFTEC were charged to Klink's Authority -issued Visa credit card
5754.
74. When they attended WEFTEC, the Authority representatives and their guests had group
dinners.
a. The group dinners were charged to Klink's Authority -issued Visa credit card 5754.
b. Sometimes they had group lunches which were also charged to Klink's Authority -
issued credit card 5754.
C. These group lunches and dinners were unrelated to WEFTEC and were social, not
educational in nature.
75. When they attended WEFTEC, the Authority representatives and their guests participated
in group excursions.
a. The group excursions usually occurred on Saturday or Sunday.
The group excursions were unrelated to WEFTEC and were social, not
educational, in nature.
2. The group excursions were charged to Klink's Authority -issued Visa credit
card 5754.
b. In 2019, the Authority travelers and their guests did not have group excursions but
went on individual excursions.
76. Authority Board Members who went to WEFTEC did not provide a summation or report
on their experiences.
77. Tucker, as an Authority Board Member, regularly attended WEFTEC since at least 2013.
a. Tucker had Baker as his guest for group meals and excursions while at WEFTEC
each year.
1. At no time relevant to this matter did Baker hold any position with the
Authority.
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Page 33
78. While at WEFTEC Baker kept all the receipts from the trip in an envelope.
a. When they returned home, Baker gave Tucker all the receipts from the trip for him
to identify the ones to turn into the Authority for reimbursement.
Tucker told Baker to turn in any receipt outside of the group meal.
WEFTEC 2016, NEW ORLEANS
79. WEFTEC 2016 was held in New Orleans, Louisiana at the New Orleans Ernest J. Morial
Convention Center, 900 Convention Center Boulevard, New Orleans, LA 70130.
The Exhibition Hall was open from Monday, September 26, 2016, to Wednesday,
September 28, 2016, 8:30 a.m. to 5:00 p.m. each day.
b. The Authority paid $60.00/person for access only to the Exhibition Hall for the
Authority representatives and their guests.
C. The total registration charge was $420.00, indicating that seven individual passes
to the Exhibition Hall were purchased.
The Authority paid a total of $120.00 for Tucker and Baker to access only
the Exhibition Hall.
d. Tucker and Baker's registration fees were charged to Klink's Authority -issued Visa
credit card 5754 on September 23, 2016.
1. Klink's credit card statement showed payment of the registration fees via
an internet payment on October 26, 2016.
aa. At its November 9, 2016, Authority Board meeting, the Authority
Board voted to approve the October 2016 financial report which
included the $6,624.01 total payment to First National Bank Visa
credit card ending 5754.
Tucker was not present at the meeting.
80. Tucker and Baker flew to New Orleans via American Airlines, arriving on Saturday,
September 24, 2016, and departing Tuesday, September 27, 2016.
a. Tucker's airfare of $362.60 and Baker's air fare of $362.60 were charged to Klink's
Authority -issued Visa credit card 5754 on May 24, 2016.
Authority records show that the credit card statement with the airfare to
New Orleans was paid via an internet payment on June 26, 2016.
Tucker, 21-026
Page 34
aa. At the July 13, 2016, Authority Board meeting, the Authority Board
voted to approve the June 2016 financial report which included the
payment to first National Bank Visa credit card 5754 in the amount
of $2,690.62.
Tucker was present and voted to approve the June 2016
financial report.
81. In its 2016 Conference Announcement, WEF identified the official WEFTEC hotels.
a. The Royal Sonesta klotel, 300 Bourbon Street, New Orleans, Louisiana, was an
official WEFTEC 2016 hotel with a room rate of $209.00/night plus taxes and
assessment.
1. With taxes and assessment, the room fee was $243.92/night.
b. Klink booked hotel rooms for Saturday night September 24, 2016, checking out
Tuesday September 27, 2016, for Tucker, Kean Staab, Dieter Meyer, and himself.
I . The rooms were charged to his Authority -issued Visa credit card 5754.
82. Baker stayed with Tucker in New Orleans during WEFTEC 2016.
a. Lodging did not require additional expenses for a second person in the room.
b. Samantha Staab ("S. Staab") stayed with Kean Staab and Kathy Klink ("K. Klink")
stayed with Klink in New Orleans during WEFTEC 2016.
83. Charges to Tucker's Royal Sonesta room account in 2016 were as follows:
Taxes &
Room Related Restaurant Expenses
Date Weekday Rate Charges Charges ea r Day
9/24/2016 Saturday $209.00 $34.92 - $243.92
9/25/2016 Sunday $209.00 $34.92 - $243.92
9/26/2019 Monday $209.00 $34.92 $11.71 $255.63
Total $743.47
a. Tucker's hotel charge of $743,47 was paid via Klink's Authority -issued Visa credit
card 5754 on September 27, 2016.
1. Klink's credit card statement reflecting Tucker's hotel charge was paid via
internet payment on October 26, 2016.
aa. At its November 9, 2016, Authority Board meeting, the Authority
Board voted to approve the October 2016 financial report which
Tucker, 21-026
Page 3 5
included the $6,624.01 total payment to First National Bank Visa
credit card ending 5754.
i. Tucker was not present at the meeting.
84. While at WEFTEC 2016, the Authority representatives and their guests had group meals
at Olde Nawlins Cookery, beanie's Seafood, and Pier 424 Seafood Market.
9/24/2016
Saturday
Olde Nawlins Cookery
$225.78
9/24/2016
Saturday
Deanie's Seafood
$330.21
9/25/2016
Sunday
Pier 424 Seafood Market
$531.77
a. The group meals were charged to Klink's Authority issued Visa credit card 5754.
b. Baker, S. Staab, and K. Klink attended the group meals in 2016 with the Authority
representatives.
85. The receipt for the meal on Saturday, September 24, 2016, at Olde Nawlins Cookery, 729
Conti Street, New Orleans, LA 70130, showed that there were seven guests, for an average
individual meal cost of $32.25/guest; the tab opened at 11:47 a.m., payment was made at
12:45 p.m.
96. The credit card charge receipt for the meal on Saturday, September 24, 2016, at Deanie's
Seafood, 841 Iberville Street, New Orleans, LA 70112, showed that Klink's Authority -
issued Visa credit card was swiped at 9:45 p.m. and the charged amount was $330.21,
including tip.
a. There were seven guests at the group meal for an average individual meal cost of
$47.17/guest.
87. The credit card charge receipt for the meal on Sunday, September 25, 2016, at Pier 424
Seafood Market, 435 Bourbon Street, New Orleans, LA 70130, showed that Klink's
Authority -issued Visa credit card was swiped at 8:16 p.m. and the bill amount was $531.77,
including tip.
a. There were seven guests at the group meal with an individual meal cost of
$75.97/guest.
88. The Authority representatives and their guests took a swamp/plantation tour through Cajun
Pride Tours, on Sunday, September 25, 2016.
a. Seven adult tickets for the Cajun Pride Tour, totaling $686.00, were charged to
Klink's Authority -issued Visa credit card 5754, costing $98.00/ticket for Tucker,
Baker, Kean Staab, Kean Staab's guest S. Staab, Meyer, Klink, and K. Klink.
b. The Cajun Pride Tour was unrelated to WEFTEC 2016 and unrelated to Authority
business.
Tucker, 21-026
Page 36
C. Pickup time for the tour was between 10:30 a.m. and 11:00 a.m., and the drop off
time was between 5:30 p.m. and 6:00 p.m., outside the Royal Sonesta Hotel.
89. The Authority representatives and their guests' group meals and excursions were charged
to Klink's Authority -issued Visa credit card 5754.
a. Klink's Authority -issued credit card statement reflecting these charges was paid via
internet payment on October 27, 2016.
1. At its November 9, 2016, meeting, the Authority Board voted to approve
the October 2016 financial report which included the $6,624.01 total
payment to First National Bank Visa credit card ending 5754.
aa. Tucker was not present at the meeting.
90. Tucker submitted aN. S.S.J.M.A. Expense Statement with a handwritten listing of expenses
for mileage, tolls, hotel in Pittsburgh., baggage fees, parking, gratuities, and food to be
reimbursed relative to the 2016 WEFTEC trip which totaled $651.57.
mileage
$90.18
tolls
$3.65
Hotel-pgh
$206.91
baggage fees
$50.00
parking
$70.00
gratuities $60.00
- bellhop 20.00
- driver 10.00
- housekeeping 30.00
Food $170.83
Total $65157
a. Included with the Expense Statement was an information invoice for the Hyatt
Regency Pittsburgh International Airport showing that Tucker arrived Friday,
September 23, 2016, and departed Saturday, September 24, 2016.
1. The room charge of $173.50 was charged to Tucker's personal Capital One
Mastercard on September 16, 2016.
2. The hotel invoice included a charge of $33.41 for food from "bellfarm
Kitchen bar," which was charged to Tucker's Capital One Mastercard on
September 24, 2016.
b. Listed on the Expense Statement were baggage fees of $50.00.
I. Tucker's personal Capital One Mastercard showed an American extra
baggage charge on September 27, 2016, for passenger Baker of $25.00.
aa. Attached to the Expense Statement was a passenger and baggage
check in for Baker in the amount of $25.00 and a passenger and
baggage check in for Tucker in the amount of $25.00.
Tucker, 21-026
Page 37
c. Food receipts included with the Expense Statement were as follows:
9/23/2016
Friday
Cardello Pizza Moon Township
$24.60
9/24/2016
Saturday
McDonald's Pittsburgh (06:04)
$8.97
9/24/2016
Saturday
PYs Coffee Royal Sonesta NOLA (2:17 p.m.)
$9.99
9/24/2016
Saturday
PYs Coffee at Royal Sonesta NOLA (5:39 pan.)
$9.16
9/2?/2016
unknown
Magnolia Buffet (NOLA)
$35.42
9/25/2016
Sunday
Laura Plantation Gift Shop NOLA (4:08 p.m.)
$3.00
9/26/2016
Monday
]HOP NOLA (09:09 a.m.)
$27.61
9/26/2016
Monday
Caf6 Du Monde NOLA (10:59 a.m.)
$10.24
9/27/2016
Tuesday
Queen City Gift & News Charlotte NC
$3.31
9/27/2016
Tuesday
Starbucks Charlotte Intl (5:14 p.m.)
$8.47
9/27/2016
Tuesday
Applebee's Hermitage PA (9:56 p.m.)
$32.19
Note Receipt Missing
$17.81
d. The Authority issued check #9677 dated September 30, 2016, in the amount of
$651.57, with facsimile signatures of Kean Staab and Tucker and Klink's initials,
made payable to Tucker.
1. At the October 12, 2016, Authority Board meeting, the Authority Board
voted to approve the September 20t6 financial report which included
Authority check #9677 to Tucker in the amount of $651.57.
aa. Tucker was not present at the meeting.
91. The monthly statement for the period from September 11, 2016, to October 12, 2016, for
Tucker's personal Capital One Mastercard showed the following charges relative to
WEFTEC 2016 in New Orleans:
9/16/2016
Hyatt Regency Pittsburgh PA $173.50
9/24/2016
Hyatt Regency Pittsburgh PA $33.41
9/26/2016
IHOP New Orleans LA $27.61
9/26/2016
Coach New Orleans $246.68
9/27/2016
American New Orleans EBC 9-27-2016 Baker Linda $25.00
92. The Authority paid additional personal expenses of $1,637.72 for Tucker and his guest,
Balser, to attend
WEFTEC 2016 in New Orleans.
Linda Baker WEFTEC Registration
$60.00
5/24/2016
Linda Baker American Airlines Ticket
$362.50
9/23/2016
Friday Bellfarm Kitchen Bar - Food Hyatt Regency Pittsburgh Airport
$33.41
9/23/2016
Friday Hyatt Regency Guest Room + State and County Taxes
$173.50
9/23/2016
Friday Cardello Pizza (6:17 p.m. delivered to Hyatt Regency)
$24.60
9/23/2016
Friday American Airlines Ticket (Baker)
$62.60
9/24/2016
Saturday McDonald's (06:04 a.m.)
$8.97
9/24/2016
Saturday American Airlines Baggage (Baker)
$25.00
9/24/2016
Saturday P3's Coffee Royal Sonesta (2:17 p.m.)
$9.99
9/24/2016
Saturday Royal Sonesta Room Charges
$243,92
9/24/2016
Saturday PYs Coffee at Royal Sonesta (5:39 p.m. I guest)
$9.16
Tucker, 21-026
Page 38
9/24/2016
Saturday
OLS Nawlins Cookery ($225.78 7 guests $32.25 ea)
9/24/2016
Saturday
Deanie's Seafood ($330.21 7 guests $47.17 ea)
9/2?/2016
Magnolia Buffet ($12:28 $35.42 2 guest $17.71 ea)
9/25/2016
Sunday
Cajun Pride Tours LaPlace LA ($686 - 7 guests = $98/guest
9/25/2016
Sunday
Laura Plantation Gift Shop (4:08 p.m.) (water)
9/25/2016
Sunday
Pier 424 Seafood Market ($531.77 - 7 guests $75.97/guest
9/26/2016
Monday
IHOP (09:09 a.m.) ($27.61 1/2 Baker)
9/2612016
Monday
Caf6 Du Monde (10:59 a.m.) (beverages)
9/26/2016
Monday
PYs Coffee Dinner Food* (ck #6029 $11.71 1/2 Baker)
9/27/2016
Tuesday
Queen City Gift & News (5:17 p.m. Charlotte NC) diet coke
9/27/2016
Tuesday
American Airlines Baggage (Linda Baker)
9/27/2016
Tuesday
Starbucks Charlotte Intl (5:14 p.m. $6.47 1/2 Baker)
9/27/2016
Tuesday
Pittsburgh Airport Parking (Extra day parking)
9/27/2016
Tuesday
Applebee's Hermitage (9:56 p.m.) (2 guests $32.19 1/2 Baker)
Gratuities WEFTEC 2016
Total
WEFTEC 2017, CHICAGO
$64.50
$94.34
$17.71
$196.00
$3.00
$75.97
$13.81
$10.24
$5.86
$3.31
$25.00
$3.24
$35.00
$16.10
$60.00
$1,637.72
93. WEFTEC 2017 was held in Chicago, Illinois at the McCormick Place Convention Center,
2301 S Lake Shore Drive, Chicago, IL 60616.
a. The Exhibition Hall at McCormick Place Convention Center was open from
Monday, October 2, 2017, through Wednesday, October 4, 2017, 8:30 a.m. to 5:00
p.m, each day.
b. The Authority paid $75.00/person for access only to the Exhibition Hall for the
Authority representatives and their guests.
C. The total registration charge was $450.00, indicating six individual passes to the
Exhibition Hall were purchased.
1. The Authority paid a registration fee of $75.00 each for Tucker and Baker
to access only the Exhibition Hall.
94. Registration fees of $150.00 and $300.00 were charged to Klink's Authority -issued credit
card 5754 on September 30, 2017, but appeared on the September 2017 and October
2017 monthly statements, respectively.
a. The total registration fees paid indicated that six individual passes to the Exhibition
Hall were purchased.
b. Klink's credit card statement showed payment of the $150.00 registration fees via
internet payment on October 2, 2017.
1. At its November 1, 2017, Authority Board meeting, the Authority Board
voted to approve the October 2017 financial report which included the
$8,261.49 total payment to First National Bank Visa credit card 5754.
Tuckei, 21-026
Page 39
aa. Tucker was present and voted to approve the October 2017 financial
report.
C. Klink's credit card statement showed payment of the $300.00 registration fees via
internet payment on November 26, 2017.
At its December 6, 2017, Authority Board meeting, the Authority Board
voted to approve the November 2017 financial report which included the
$10,185.16 total payment to First National Bank Visa credit card 5754.
aa. Tucker was present and voted to approve the November 2017
financial report.
95. Tucker and Baker flew to Chicago via United Airlines, arriving on Saturday, September
30, 2017, and returned via American Airlines on Tuesday, October 3, 2017.
96. Using her personal Barclays Mastercard, Kean Staab purchased airline tickets for herself,
Tucker, Baker, Klink, and K. Klink, on June 19, 2017.
a. Her personal Barclays Mastercard statement showed the purchase of the American
Airlines and United Airlines tickets at $78.20/ticket as well as a $159,70 charge for
Justfly.com, a ticketing service.
1. The individual ticket cost per passenger was $110.14, broken down into
ticket price per passenger of $78.20 and a Justfly.com fee of $31.94 per
ticket.
b. On June 20, 2017, Kean Staab submitted a reimbursement request for $941.70 for
the flight reservations to Klink.
1. In her reimbursement request, Kean Staab instructed Klink to have the flight
check mailed directly to Card Services.
C. The Authority issued check 49854 dated June 23, 2017, in the amount of $941.70,
with facsimile signatures of Kean Staab and Tucker and Klink's initials, made
payable to Card Services, noting Kean Staab's account number.
1. At the July 12, 2017, Authority Board meeting, the Authority Board voted
to approve the June 2017 financial report which included the payment to
Kean Staab's Card Services in the amount of $941.70.
aa. Tucker was present and voted to approve the June 2017 financial
report.
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Page 40
97. In WEF's 2017 Conference Announcement, the official WEFTEC hotels had nightly room
rates ranging from $179.00/night to $289.00/night.
a. The Authority representatives and their guests stayed at the Embassy Suites Hotel,
511 N Columbus Drive, Chicago, IL 60611.
I . The Embassy Suites Hotel was not one of the official WEFTEC hotels.
2. As a result of not choosing one of the official WEFTEC hotels, the
Authority had to pay an additional $30.00/night more than the highest
nightly rate of the WEFTEC recommended hotels.
b. Tucker's nightly room rate was $339.00/night plus taxes totaling $58.99.
1. With taxes his nightly room cost was $397.99/night.
C. Tucker's room was booked for Saturday night September 30, 2017, through
Monday night October 2, 2017, checking out Tuesday October 3, 2017.
1. The rooms were charged to Klink's Authority -issued credit card 5754.
d. Tucker shared his hotel room with Balker during WEFTEC 2017.
1. Lodging did not require additional expenses for a second person in the
room.
98. Charges to Tucker's room account at the Embassy Suites Hotel in 2017 were as follows:
Taxes &
Room
Related
Expenses
Date
Weekday
Rate
Charges
per , Day
9/30/2017
Saturday
$339.00
$58.99
$397.99
10/1/2017
Sunday
$339.00
$58.99
$397.99
10/2/2017
Monday
$339.00
$58.99
$397.99
Total $1,193.97
a. Tucker's hotel charge of $1,193.97 was paid via Klink's Authority -issued Visa
credit card 5754 on October 5, 2017.
I . Klink's credit card statement reflecting Tucker's hotel charge was paid via
internet payment on November 26, 2017.
aa. At its December 6, 2017, Authority Board meeting, the Authority
Board voted to approve the November 2017 financial report which
included the $10,185.16 total payment to First National Bank Visa
credit card 5754.
Tycke2', 21-026
Page 41
i. Tucker was present and voted to approve the November
2017 financial report.
99. While at WEFTEC 2017, the Authority travelers had group dinners at Riva Ristorante
Navy Pier, 700 E Grand Avenue, Chicago, IL and Fogo de Chao, 661 North LaSalle
Street, Chicago, IL.
100. Klink's Authority -issued Visa credit card 5754 showed charges for Riva Ristorante, Navy
Pier Events & Rides, and Get Your Guide Tickets.
9/30/2017 Riva Ristorante $510,32
9/30/2017 Navy Pier Events & Rides $90.00
10/1/2017 Get Your Guide Tickets $239.70
a. The Riva Ristorante Navy Pier credit card charge receipt Klink turned into Dvorsky
showed the charge date and time was Saturday, September 30, 2017 08:33 p.m.
b. After the group dinner at Riva Ristorante Navy Pier, the six Authority
representatives and their guests tools a ride on the Centennial Wheel at the Navy
Pier.
1. The Navy Pier Centennial Wheel receipt turned in by Klink to Dvorsky
showed six $15.00 adult tickets for a total of $90.00 were purchased on
Saturday, September 30, 2017, at 9:03 p.m.
aa. The Navy Pier Centennial Wheel ride was unrelated to WEFTEC
2017 and unrelated to Authority business.
C. While at WEFTEC 2017, Klink purchased a ticket useable for a period of one week
for each Authority representative and their guest for a tour bus/double decker bus
to visit different venues/tourist spots in Chicago.
1. There was a charge to Klink's Authority -issued Visa credit card 5754 on
October 1, 2017, for Get Your Guide Tickets, $239.70 ($39.95 per ticket).
2. Get Your Guide Tickets can be used for the Hop -On Hop -Off bus tour,
among other sightseeing tours and activities.
3. The tour bus/double decker bus was unrelated to WEFTEC 2017 or
Authority business.
101. Klink's Authority -issued Visa credit card statement reflecting the charges for the Riva
Ristorante group meal and the excursions was paid via internet payment on November
26, 2017.
Tuckez, 21-026
Page 42
a. At its December 6, 2017, Authority Board meeting, the Authority Board voted to
approve the November 2017 financial report which included the $8,261.49 total
payment to First National Bank Visa credit card 5754.
I. Tucker was present and voted to approve the November 2017 financial
report.
102. The group dinner at Fogo de Chao ($584.05) on October 1, 2017, was charged to Klink's
personal Visa credit card because his Authority -issued Visa credit card was maxed out.
a. The Authority issued check #10155 dated October 4, 2017, in the amount of
$584.05, with facsimile signatures of Kean Staab and Tucker and Klink's initials,
made payable to Mike Klink.
At its November 1, 2017, Authority Board meeting, the Authority Board
voted to approve the October 2017 financial report which included
Authority check #10155 in the amount of $594.05 payable to Mike Klink.
aa. Tucker was present and voted to approve the October 2017 financial
report.
103. The night before their flight to Chicago to attend WEFTEC 2017, Tucker and Baker stayed
at the Hyatt Regency Pittsburgh International Airport, arriving Friday, September 29, 2017,
and departing Saturday, September 30, 2017.
a. The hotel folio showed a room charge and occupancy taxes totaling $169.86 and
food charges from bellfarm Kitchen Bar of $44.48, totaling $214.34.
b. The room was charged to Dvorsky's Authority -issued Visa credit card 5770.
C. Dvorsky's credit card statement showed payment of the $214.34 Hyatt Regency
hotel bill via internet payment on November 26, 2017.
1. At its December 6, 2017, Authority Board meeting, the Authority Board
voted to approve the November 2017 financial report which included the
$328.24 total payment for First National Bank Visa credit card 5770.
aa. Tucker was present and voted to approve the November 2017
financial report.
104. Tucker submitted a handwritten listing of expenses titled "Receipts From Chicago" which
was prepared by Baker.
Expense
Amount
_Expense
Amount
Parking
$65.00
Pizza
$12.00
KFC
$15.23
Travel Traders
$2.85
Taxi
$18.75
Tolls
$5.00
Tucker, 21-026
Page 43
a.
Cheesecake Factory
Paradies
Garrett Popcorn
Paradies
$57.00 McDonalds $35.25
$6.15 Tips Paid Out $60.00
$7.84 Total $291.54
$6.47
Food and taxi receipts and an airport parking receipt were attached to the
handwritten list of expenses.
Date
Weekday
Item Description ion
Amount
9/29/2017
Friday
Paradies Pittsburgh Intl Airport (4:20 p.m.)
$6.15
9/29/2017
Friday
Paradies Pittsburgh Intl Airport (4:26 p.m.)
$6.47
9/30/2017
Saturday
McDonalds Pittsburgh Intl Airport (5:?? a.m.)
$6.18
10/1 /2017
Sunday
The Cheesecake Factory Chicago IL (1:56 p.m.)
$57.00
10/l/2017
Sunday
Travel Traders Chicago IL (3:32 p.m.)
$2.85
10/2/2017
Monday
Cab 14:08 (14:20)
$12.00
10/2/20I7
Monday
Cab 20:15 (20:20)
$6.75
10/2/20I7
Monday
McDonald's McCormick PI Chicago (1:11 p.m.)
$16.01
10/3/2017
Tuesday
McDonald's O'Hare Airport (1:20 p.m.)
$13.06
10/3/2017
Tuesday
KFC Hermitage (7:26 p.m.)
$15.23
10/3/2017
Tuesday
Pittsburgh Intl Airport Parking (9/29/2017 15:33-10/3/2017 18:21)
$65.00
Garrett Popcorn Chicago IL
$7.84
Tips Paid Out -handwritten note
$60.00
Pizza - handwritten note
$12.00
b. The Authority issued check #10163 dated October 12, 2017, in the amount of
$291.54, with facsimile signatures of Kean Staab and Tucker and Klink's initials,
made payable to Tucker.
1. At the November 1, 2017, Authority Board meeting, the Authority Board
voted to approve the October 2017 financial report which included
Authority check #10163 payable to Tucker in the amount of $291.54.
aa. Tucker was present and voted to approve the October 2017 financial
report.
105. The Authority paid additional personal expenses of $1,477.84 for Tucker and his guest
Baker to attend WEFTEC 2017 in Chicago.
6/19/2017
Linda Baker American Airlines
$188.34
Linda Baker WEFTEC registration
$75.00
9/29/2017
Friday
Paradies Pittsburgh Airport (2 diet cokes)
$6.15
9/29/2017
Friday
Paradies Pittsburgh Airport Friday (4:26 p.m.)
$6.47
9/29/2017
Friday
Hyatt Regency Pittsburgh Airport
$169,86
9/29/2017
Friday
Bellfarm Kitchen Bar -Hyatt Regency
$44.48
9/30/2017
Saturday
McDonalds Pittsburgh Intl Airport 5:?? a.m. Saturday
$6.18
9/30/2017
Saturday
Riva Navy Pier ($510.32 6 attendees $70.89 ea)
$170,11
9/30/2017
Saturday
Navy Pier Centennial Wheel (6 tickets $15/ea -Tucker + Baker)
$30.00
9/30/2017
Saturday
Embassy Suites Chicago Saturday Stay
$397.99
I0/1/2017
Sunday
Get Your Guide Tickets Berlin ($239.70 6 attendees $39.95/ea Tucker+Baker)
$79.90
Tucker, 21-026
Page 44
10/1/2017
Sunday
The Cheesecake Factory Chicago IL (total $57 no itemized rcpt) 1/2 Baker
10/1/2017
Sunday
Travel Traders Chicago 1L (3:32 p.m.) Mints
10/1/2017
Sunday
Fogo de Chao ($85.00 alcohol 6 guests $13.08 ea)
10/2/2017
Monday
Cab 14:08 (14:20) 3.0 miles
10/212017
Monday
Cab 20:15 (20:20) 0.8 miles (Allow for KLH Engineers dinner)
10/2/2017
Monday
McDonald's McCormick PI Chicago (I. I I p.m. 1/2 Baker)
10/3/2017
Tuesday
American Air (baggage) Baker Linda
10/3/2017
Tuesday
McDonald's O'Hare Airport 1:20 p.m. ($13.06 1/2 Baker)
10/3/2017
Tuesday
KFC (7:26 p.m.)
10/3/2017
Tuesday
Pittsburgh Intl Airport Parking
Garrett Popcorn
Tips Paid Out - Just handwritten note
Pizza - Just handwritten note
Total
$28.50
$2.85
$26.16
$12,00
$6.75
$8.01
$25.00
$6.53
$15.23
$32.50
$7.84
$60.00
$12.00
$1,477.84
106. Based on the proximity of the restaurants, convention center, and badge pickup locations
to the Embassy Suites Hotel, there did not appear to be any reason for the Authority
representatives and their guests to incur taxi charges.
WEFTEC 2018, NEW ORLEANS
107. WEFTEC 2018 was held in New Orleans, Louisiana at the New Orleans Ernest J. Morial
Convention Center, 900 Convention Center Boulevard, New Orleans, LA 70130.
a. The Exhibition Hall was open from Monday, October 1, 2018, to Wednesday,
October 3, 2018, 8:30 a.m. to 5:00 p.m. each day.
b. The Authority paid $75.00/person for access only to the Exhibition Hall for the
Authority representatives and their guests.
C. The total registration charge was $450.00, indicating that six individual passes to
the Exhibition Hall were purchased.
1. The Authority paid a registration fee of $75.00 each for Tucker and Baker
to access only the Exhibition Hall,
108. The registration fee was charged to Klink's Authority -issued credit card 5754 on
September 27, 2018.
a. Klink's credit card statement showed payment of the charge via an internet payment
on October 26, 2018.
1. At its November 14, 2018, Authority Board meeting, the Authority Board
voted to approve the October 2018 financial report which included the
$9,610.89 total payment to First National Bank Visa credit card 5754.
Tucker, 21-026
Page 45
aa. Tucker was present and voted to approve the October 2018 financial
report.
109. Tucker and Baker flew to New Orleans via Delta Airlines, arriving Saturday, September
29, 2018, and departing Wednesday, October 3, 2018.
110. Kean Staab used her US Bank credit card to purchase seven airline tickets for herself,
Tucker, Baker, Klink, K. Klink, and her guests/children, S. Staab and Casey Staab ("C.
Staab"), totaling $1,932.00.
a. The individual total cost per passenger was $276.00, broken down into price per
passenger of $213.96 and taxes, fees, and other charges of $62.04.
b. Kean Staab sent an email on Tuesday, April 3, 2018, 12:54 p.m., to Dvorsky
requesting that an Authority check in the amount of $1,380.00 be mailed to US
Bank, and she provided the address and account number.
1. Kean Staab requested to be reimbursed for only five of the seven tickets
purchased.
G. The Authority issued check #10715 dated March 30, 2018, in the amount of
$1,380.00, with facsimile signatures of Kean Staab and Tucker and Klink's initials,
made payable to US Bank.
1. At the April 11, 2018, Authority Board meeting, the Authority Board voted
to approve the March 2018 financial report which included the payment to
US Bank in the amount of $1,380.00.
aa. Tucker was present and voted to approve the March 2018 financial
report.
I I L In its 2018 Conference Announcement, WEF identified the official WEFTEC hotels with
nightly room rates ranging from $167.00/night to $279.00/night.
a. The Royal Sonesta Hotel, 300 Bourbon Street, New Orleans, Louisiana, was an
official 2018 WEFTEC hotel with a room rate of $222.00/night plus taxes and
assessment.
I. With taxes and assessment, the room fee was $257.74/night.
2018
Room Charge $222.00
Tate Hotel Tax 9.45% $20.98
Room Occupancy Tax $2.00
City Hotel Tax 5%* $8.88
OTS Assessment 1.75% $3.89
$25'7.74
Tucker, 21-026
Page 46
*Actual City Hotel Tax charge was 4% which is reflected in $8.88.
112. Using her Royal Sonesta Travel Pass membership, Kean Staab booked four rooms at Royal
Sonesta New Orleans, checking in Saturday, September 29, 2018, and checking out
Wednesday, October 3, 2018,
a. Because Kean Staab did not book the Royal Sonesta Hotel rooms through the
WEFTEC Housing agent, the Authority did not get the WEFTEC Royal Sonesta
room rate of $222/night plus taxes but instead paid $429.00 plus taxes for their
Saturday night stay and $399.00 plus taxes for their Sunday through Tuesday night
stays.
b. The rooms were charged to Klink's Authority -issued Visa credit card 5754.
113. Tucker shared his hotel room with Baker during WEFTEC 2018.
a. Lodging did not require additional expenses for a second person in the room.
114. Charges to Tucker's Royal Sonesta room account in 2018 were as follows:
Taxes &
Room
Related
Restaurant
Fxoenses
Date
Weekday
Rate
Charges
Charges
per Day
9/29/2018
Saturday
$429.00
$67.21
$79.34
$575.55
9/30/2018
Sunday
$399.00
$62.65
$10.28
$471.93
10/I/2018
Monday
$399.00
$62.65
$461.65
10/2/2018
Tuesday
$399.00
$62.65
$72.64
$534.29
$1,626.00
$255.16
$162.26
$2,043.42
a. Tucker's room charges of $2,043,42 were paid on October 3, 2018, using Klink's
Authority -issued Visa credit card 5754.
Klirik's credit card statement reflecting Tucker's hotel charge was paid via
internet payment on November 26, 2018.
aa. At its December 12, 2018, Authority Board meeting, the Authority
Board voted to approve the November 2018 financial report which
included the $12,542.49 total payment to First National Bank Visa
credit card ending 5754.
i. Tucker was present and voted to approve the November
2018 financial report.
115. While at WEFTEC 2018, the Authority representatives and their guests had group dinners
at Antoine's Restaurant and New Orleans Creole Cookery, a group lunch at Olde Nawlins
Cookery, and took excursions through Tickets At Work.
Tucker, 21-026
Page 47
a. The group meals and group excursions were charged to Klink's Authority -issued
Visa credit card 5754.
Date
Weekday
Charge
Amount
9/29/2018
Saturday
Olde NawlinsCookery
$388.04
10/1/2018
Sunday
Antoine's Restaurant
$394.42
10/1/2018
Sunday
Antoine's Restaurant
$427.03
10/2/2018
Monday
New Orleans Creole Cookery
$734.63
9/18/2018
TicketsAtWork.com
$372,00
9/19/2018
TicketsAtWork.com
$283.38
$2,599.50
116. Klink turned in the guest copy of the credit card charge receipt for the Saturday, September
29, 2018, meal at Olde Nawlins Cookery, which showed that his card was swiped at 12:45,
and the total bill was $388.04.
a. There were nine people present and partaking in the meal, for an individual meal
charge of $43.12/individual.
1. Tucker and Baker participated in the meal for a total cost of $86.24.
b. Klink's credit card statement reflecting the Olde Nawlins Cookery receipt was paid
via internet payment on October 26, 2018.
1. At its November 14, 2018, Authority Board meeting, the Authority Board
voted to approve the October 2018 financial report which included the
$9,610.89 total payment to First National Bank Visa credit card 5754.
aa. Tucker was present and voted to approve the October 2018 financial
report.
117. Klink's Authority -issued credit card statement showed two charges at Antoine's Restaurant
on October 1, 2018, totaling $921.45.
a. The October 1, 2018, receipt from Antoine's Restaurant showed the check opened
at 6:04 p.m. and closed at 8:22 p.m.
There were eight people, including Baker, participating in the meal, for an
individual meal charge of $102.68/individual.
aa. Others attended the meal as guests of Kean Staab, but they paid for
themselves and were not included in the charges to Klink's
Authority -issued Visa credit card 5754.
b. Klink turned in the guest copy of the credit card charge receipt for the Tuesday,
October 2, 2018, meal at New Orleans Creole Cookery, which showed that Klink's
Tucker, 21-026
Page 48
Authority -issued Visa credit card was swiped at 8:14 p.m., and the total bill was
$714.63.
1. There were nine people present and partaking in the meal, for an individual
meal charge of $81.63/individual.
aa. Baker participated in the meal.
C. Klink's credit card statement reflecting the Antoine's Restaurant and New Orleans
Creole Cookery charges was paid via internet payment on November 26, 2018.
1. At its December 12, 2018, Authority Board meeting, the Authority Board
voted to approve the November 2018 financial report which included the
$12,542.49 total payment to First National Bank Visa credit card 5754.
aa. Tucker was present and voted to approve the November 2018
financial report.
118. While at WEPTEC 2018, the Authority representatives and their guests went to a jazz
brunch buffet.
a. Seven tickets for the jazz brunch buffet, totaling $282.28 ($40.08/person), were
purchased and charged to Klink's Authority -issued Visa credit card 5754.
1. The seven tickets were for Tucker, Baker, Kean Staab, her guest S. Staab,
Meyer, Klink, and his guest K. Klink.
b. Seven sightseeing flex passes with three choices of places to visit, totaling $372.00
($53.14/person), were purchased and charged to Klink's Authority -issued Visa
credit card 5754.
1. The seven tickets were for Tucker, Baker, Kean Staab, her guest S. Staab,
Meyer, Klink, and his guest K. Klink.
C. The four excursions were done over two days, Sunday and Monday.
1. Using the sightseeing flex pass some of the individuals went to the Mardi
Gras Museum, and some then also went to the World War II Museum and
a swamp tour.
d. The excursions that Tucker and Baker took were unrelated to WEFTEC 2018 and
unrelated to Authority business.
1. The Monday excursions taken by Tucker and Baker occurred during the
hours the Exhibition Hall was open that the Authority had paid for Tucker
and Baker to.access.
Tucker, 21-026
Page 49
119. Klink's credit card statement reflecting the purchase of the Tickets at Work for the seven
jazz brunch buffet tickets and the seven sightseeing flex passes was paid via internet
payment on October 26, 2018.
a. At its November 14, 2018, Authority Board meeting, the Authority Board voted to
approve the October 2018 financial report which included the $9,610.89 total
payment to First National Bank Visa credit card ending 5754.
1. Tucker was present and voted to approve the October 2018 financial report.
120. While at WEFTEC 2018, Tucker and Baker took a combined swamp/plantation tour
through Louisiana Tour on Tuesday, October 2, 2018.
a. Two adult tickets for the Louisiana Tour Company tour, totaling $194.00, were
charged to Tucker's personal credit card on Tuesday, October 2, 2018.
1. Tucker turned in a receipt for reimbursement of $274.00 which included an
$80.00 cash tip.
b. The tour purchased was an 8.5 hour combination tour --- plantation tour and swamp
tour, including the pickup and drop off time.
1. Pickup time for the combined tour was between 8:30 and 9:00 a.m.
G. The combined plantation tour and swamp tour taken by Tucker and Baker was
unrelated to WEFTEC 2018 and unrelated to Authority business.
121. Baiter stayed with Tucker and attended group meals and excursions with Authority
representatives and their guests which were charged to Klink's Authority -issued credit card
5754.
a. S. Staab, C. Staab, and Lyman stayed with Kean Staab and attended group meals
and excursions with Authority representatives and their guests.
1. K. Klink stayed with Klink and attended group meals and excursions with
Authority representatives and their guests.
b. Klink's Authority -issued credit card statement reflecting these charges was paid by
the Authority.
122. Tucker submitted a handwritten listing of expenses titled "New Orleans Expenses" which
was prepared by Baker.
Tips Paid Out $100.00 IHOP $32.26
Oak Alley $31.88 Magnolia Buffet $35.24
CVS $2093 Hard Rock Cafd $66.91
Tucker, 21-026
Pate 50
Wendy's
$9.14
Parking
$70.00
McDonalds
$7.15
Bob Evans
$24.55
Detroit Airport
$5.58
Sport's Grille
$60.31
PYs Coffee
$6.07
Breakfast n, Royal Sonesta
$30.00
Smoothie King
$19.75
(Not identified)
$3.99
Louisiana Tour Co
$274.00
$797.76
a. Food receipts and an airport parking receipt were attached to the handwritten list of
expenses,
Date
_Weekday
Item_ Description
Amount
9/28/2018
Friday
Sport's Grille At Cranberry (6:13 p.m.)
$60.31
9/29/2018
Saturday
McDonalds Pittsburgh Intl Airport (4:56 a.m.)
$7.15
9/29/2018
Saturday
Paradies Detroit Intl Airport (7:33 a.m.)
$5.58
9/29/2018
Saturday
CVS New Orleans (2:18 p.m.)
$20.93
9/29/2018
Saturday
Hard Rock Caf6 (6:21 p.m.)
$66.91
10/1/2018
Monday
Magnolia Buffet (12:38 2 guests)
$35.24
10/112018
Monday
Breakfast Royal Sonesta (NO RECEIPT -handwritten note)
$30.00
10/1/2018
Monday
IHOP New Orleans (09:35)
$32.26
10/2/20I8
Tuesday
Oak Alley Vachrie LA (12:09) 2 pralines
$3.99
10/2/2018
Tuesday
PYs Coffee At the Royal Sonesta 2 guests 2 sodas
$6.07
10/2/2018
Tuesday
Louisiana Tour Company (08:55:24)
$274.00
10/2/2018
Tuesday
Oak Alley Plantation Vachrie LA (11:39 a.m.) 2 guests
$31.88
10/3/2018
Wednesday
Bob Evans Hermitage (2:30 p.m.)
$24.55
10/3/2018
Wednesday
Grove Smoothie King Charlotte Intl Airport 5:41
$19.75
10/3/2018
Wednesday
Wendy's Hartfield Jackson Airport (9:54 a.m.) (breakfast)
$9.14
Pittsburgh Intl Airport Parking Enter 9-28 Fri 19:08 exit 10-3Wed 13:22
10/3/2018
Wednesday
4:18:14
$70.00
b. The Authority issued check # 11276 dated October 9, 2018, in the amount of
$797.76, made payable to Tucker, with facsimile signatures of Kean Staab and
Tucker and Klink's initials.
1. At the November 14, 2018, Authority Board meeting, the Authority Board
voted to approve the October 2018 financial report which included
Authority check #11276 payable to Tucker in the amount of $797.76.
aa. Tucker was present and voted to approve the October 2018 financial
report.
123. The Authority paid additional personal expenses of $2,215.42 for Tucker to attend
WEFTEC 2018 in New Orleans.
Date Item Descrl tion Amount
3/26/2018 Linda Baker Delta Airfare $276.00
Linda Baker WEFTEC 2018 Registration $75.00
9/28/2018 Friday Hyatt Regency Pittsburgh Intl Airport $323,76
9/28/2018 Friday Sport's Grille At Cranberry (6:13 p.m.) $60.31
9/29/2018 Saturday McDonalds Pittsburgh Intl Airport (4:56 a.m.) $7.15
Tucker, 21-026
Page 51
9/29/2018
Saturday
Paradies Detroit Intl Airport (7:33 a.m. soda+chips))
$5.58
9/29/2018
Saturday
CVS New Orleans (2:18 p.m. cereals+snacks)
$20.93
9/29/2018
Saturday
OLS Nawlins Cookery ( $388.04 9 guests $43.12 ea)
$86.24
9/29/2018
Saturday
Royal Sonesta Room Service Dinner
$79.34
9/29/2018
Saturday
Hard Rock Cafd (6:28 p.m.)
$66.91
9/29/2018
Saturday
Royal Sonesta Room Charge
$257.74
9/29/2018
Sunday
Tickets At Work ($283.38 7 Guests $40.48/guest Tucker & Baker)
$80.96
Royal Sonesta Room Service PJ's Coffee Lunch Food (ck 96917 $10.28 1/2
9/30/2018
Sunday
check Baker)
$5.14
9/30-10/l/2018
Sun/Mon
Tickets At Work ($372 7 Guests $53.14/guest Baker)
$106.28
10/112018
Monday
Breakfast Royal Sonesta (NO RECEIPT $30 1/2 Baker)
$15.00
10/l/2018
Monday
ICIOP New Orleans (09:35)
$32.26
10/112018
Monday
Magnolia Buffet (12:38 2) (Lunches $35.24 1/2 Baker)
$17.62
10/1/2018
Monday
Antoine's Restaurant ($821.45 Klink 8 gsts $102.68/gst)
$102.68
Royal Sonesta Food Outlet 101 Breakfast Food Desire (Ck $72.64 1/2 check
10/2/2018
Tuesday
Baker)
$36.32
10/2/2018
Tuesday
Oak Alley Vachrie LA (12:09) 2 pralines
$3.99
10/2/2018
Tuesday
PJ's Coffee At the Royal Sonesta (5:38 p.m.) 2 guests 2 sodas $6.07
$6.07
10/2/2018
Tuesday
Louisiana Tour Company (08:55:24)
$274.00
10/2/2018
Tuesday
Oak Alley Plantation Vachrie LA (11:39 a.m.) 2 guests $31.88/2=15.94
$15.94
10/2/2018
Tuesday
New Orleans Creole Cookery ($734.63 9 guests $81.63 ea Baker)
$81.63
10/3/2018
Wednesday
Grove Smoothie King New Orleans Intl Airport (5:41 a.m.)
$9.88
10/3/2019
Wednesday
Wendy's Hartfield Jackson Airport (9:54 a.m.) (1 breakfast combo-F1 water)
$9.14
Pittsburgh Intl Airport Parking Enter 9-28 Fri 19:08 exit 10-3 Wed 13:22
10/3/2019
Wednesday
4:18:14 (took 1/2)
$35.00
10/3/2018
Wednesday
Bob Evans Hermitage (2:30 p.m.)
$24.55
Tips Paid Out
$100.00
Total
$2,215.42
WEFTEC 2019, CHICAGO
124. WEFTEC 2019 was held in Chicago, Illinois at the McCormick Place Convention Center,
2301 South Dr., Martin Luther Icing Jr. Drive, Chicago, IL 60616.
a. The Exhibition Hall at McCormick Place Convention Center was open Monday,
September 23, 2019, and Tuesday, September 24, 2019, from 9:30 a.m. to 5:00 p.m.
each day and Wednesday, September 25, 2019, from 8:30 a.m, to 3:30 p.m.
b. The Authority paid $75.00/person for access only to the Exhibition Hall for the
Authority representatives and their guests.
C. The total registration charge was $450.00, indicating that six individual passes to
the Exhibition Hall were purchased.
I. The Authority paid a total of $150.00 for Tucker and. Baker to access only
the Exhibition Hall.
2. Klink's credit card statement showed payment of the $450.00 registration
fees via internet payment on October 25, 2019.
Tucker, 21-026
Page 52
aa. At its November 6, 2019, Authority Board meeting, the Authority
Board voted to approve the October 2019 financial report which
included the $15,048.14 total payment to First National Bank Visa
credit card 5754.
i. Tucker was present and voted to approve the October 2019
financial report.
125. Tucker and Baker flew to Chicago via Southwest Airlines, leaving Pittsburgh International
Airport Saturday, September 21, 2019, and returning Wednesday, September 25, 2019.
a. Using her American Express card, Kean Staab purchased tickets for herself,
Tucker, and Baker on April 29, 2019.
b. Kean Staab submitted an American Express payment information showing a
subtotal of $483.78 plus taxes and fees of $122.10 for a total due of $605.88 and an
individual price per ticket of $201.96.
1. On the receipt she submitted there was a handwritten note indicating the
reimbursement check should be paid directly to American Express with her
account number.
C. The Authority issued check #11889 dated May 8, 2019, in the amount of $605.88,
with facsimile signatures of Kean Staab and Tucker and Klink's initials, made
payable to American Express.
1. At the June 12, 2019, Authority Board meeting, the Authority Board voted
to approve the May 2019 financial report which included the payment to
American Express in the amount of $605.88.
aa. Tucker was present and voted to approve the May 2019 financial
report.
126. In its 2019 Conference Announcement, WEF provided an online address and a phone
number for attendees to book their hotel and a website to download a list of the official
WEFTEC 2019 hotels offering discounted rates ranging from $195.00/night to
$299.00/night.
a. The Authority representatives and their guests stayed at the Ivy Boutique Hotel,
233 East Ontario Street, Chicago, IL 60611.
1. The Ivy Boutique Hotel was not an official WEFTEC 2019 hotel.
b. Tucker's room was booked for Saturday night, September 21, 2019, through
Tuesday night, September 24, 2019.
Tucker, 21-026
Page 53
1. Tucker shared his hotel room with Baker during WEFTEC 2019.
aa. Lodging did not require additional expenses for a second person in
the room.
2. The rooms were charged to Klinlc's Authority -issued Visa credit card 5754.
C. Tucker's nightly room rate was $399.00 plus taxes of $69.43, totaling $468.43, for
his Saturday stay, and $369.00 plus taxes of $64.21, totaling $433.21, for his
Sunday, Monday, and Tuesday night stays.
As a result of not choosing one of the official WEFTEC hotels, the
Authority had to pay an additional room cost per room of $82.18/night more
than the highest nightly rate of the WEFTEC recommended hotels.
127. Charges to Tucker's room account at Ivy Boutique Hotel in 2019 were as follows:
Taxes &
Room
Related
Restaurant
Expenses
Date
Weekday
Rate
Charges
Charges
en r Day
9/21/2019
Saturday
$399.00
$69.43
-
$468.43
9/22/2019
Sunday
$369.00
$64.21
$8.00
$441.21
9/23/2019
Monday
$369.00
$64.21
$10.00
$443.21
9/24/2019
Tuesday
$369.00
$64.21
$44.04
$477.25
9/25/2019
Wednesday
. 7.
................ .............. ------
$8.00
$8.00
$1,506.00 $262.06 $70.04 $1,838.10
a. By staying in Chicago on Saturday night, when the Exhibition Hall did not open
until Monday and the badges could be picked up Sunday, the Authority incurred an
additional hotel charge of $469.43.
b. Tucker's hotel charges of $1,830.10 and $8.00 were paid via Klink's Authority -
issued Visa credit card 5754 on September 25, 2019.
Klink's credit card statement reflecting Tucker's hotel charges of $1,887.84
and $11.46 was paid via internet payment on October 25, 2019.
aa. At its November 6, 2019, Authority Board meeting, the Authority
Board voted to approve the October 2019 financial report which
included the $15,048.14 total payment to First National Bank Visa
credit card 5754.
Tucker was present and voted to approve the October 2019
financial report.
Tucker, 21-026
Page 54
128. While at WEFTEC 2019, the Authority travelers had group dinners at Riva Ristorante,
Gene and Georgetti, and GT Prime.
a. The group dinners were charged to Klink's Authority -issued Visa credit card 5754.
9/21/2019
Saturday
Riva Ristorante
$672.50
9/23/2019
Monday
Gene & Georgetti
$698.26
9/24/2019
Tuesday
GT Prime
$704.81
Baker attended the group meals in 2019 with the Authority representatives
and their guests.
129. Klink turned in the guest copy of the credit card charge receipt for the Saturday, September
21, 2019, meal at Riva Navy Pier, which showed that Klink's Authority -issued Visa credit
card 5754 was swiped at 8:28 p.m, and the total bill was $672.50.
a. There were seven guests at the group meal, including Baker, for an individual meal
cost of $96.07.
130. Klink turned in the guest copy of the credit card charge receipt for the Monday, September
23, 2019, meal at Gene & Georgetti, which showed that Klink's Authority -issued Visa
credit card 5754 was swiped at 8:17 p.m. and the total bill was $698.26.
a. There were seven guests at the group meal, including Baker, for an individual meal
cost of $99.75/guest.
131. Klink turned in the guest copy of the credit card charge receipt for the Tuesday, September
24, 2018, meal at GT Prime, which showed that Klink's Authority -issued Visa credit card
5754 was swiped at 8:26 p.m., the check amount was $579.91, and the tip was $125.00, for
a total bill of $704.81.
a. The GT Prime itemized receipt showed that there were seven guests at the group
meal, including Baker as Tucker's guest, and the individual meal cost was
$100.69/guest.
132. Klink's Authority -issued Visa credit card statement reflecting the charges for group
dinners, the hotel charges, taxi charges, and other Chicago related expenses was paid via
internet payment on October 25, 2019.
a. At its November 6, 2019, Authority Board meeting, the Authority Board voted to
approve the October 2019 financial report which included the $561.42 total
payment for First National Bank Visa credit card 5154.
Tucker was present and voted to approve the October 2019 financial report.
Tucker, 21-026
Page 55
133. Other than a mileage reimbursement request for the roundtrip mileage to and from the
Pittsburgh airport, Tucker did not submit an expense report to the Authority claiming
expenses in relation to attending WEFTEC 2019.
a. Tucker used his Authority -issued Visa credit card 5154 while in Chicago at
WEFTEC 2019.
1. When Dvorsky emailed Tucker his monthly statement for his Authority -
issued Visa credit card 5154, she asked for his receipts.
2. Tucker did not provide receipts to the Authority for the charges on his
Authority -issued Visa credit card 5154.
3. When Tucker and Baker turned in his mileage reimbursement request at the
Authority office, Dvorsky asked for receipts relative to his Authority -issued
Visa credit card 5154.
aa. Tucker stated that they did not need to have receipts.
134. The charges on Tucker's Authority -issued credit card 5154 during WEFTEC 2019 were as
follows:
9/21/2019
Saturday
Auntie Annes Pittsburgh PA
$15.99
9/22/2019
Sunday
Cheesecake Chicago IL
$43.75
9/22/2019
Sunday
Taxi Svc New York Long Is City NY
$12.00
9/22/2019
Sunday
Blaze Pizza Chicago IL
$12.37
9/23/2019
Monday
Northwest Mgmt Chicago IL
$10.25
9/23/2019
Monday
Bubba Gump Chicago IL
$48.61
9/23/2019
Monday
Taxi Svc Chicago IL
$18.30
9/23/2019
Monday
Shoreline Galaxy Chicago IL
$51.52
9/24/2019
Tuesday
Cheesecake Chicago IL
$41.29
9/24/2019
Tuesday
Taxi Svc Chicago IL
$11.25
9/24/2019
Tuesday
360 Chicago IL
$44.00
9/25/2019
Wednesday
Taxi Svc Chicago IL
$47.70
9/25/2019
Wednesday
Hess Steak Grove City PA
$72.85
9/25/2019
Wednesday
Charlie Browns Airport Coraopolis PA
$44.03
135. Tucker's Authority -issued Visa credit card statement reflecting the charges for the food,
excursions, and other charges relative to his and Baker's travel to Chicago for WEFTEC
2019 was paid via internet payment on October 25, 2019.
a. At its November 6, 2019, Authority Board meeting, the Authority Board voted to
approve the October 2019 financial report which included the $561.42 total
payment for First National Bank Visa credit card 5154.
l . Tucker was present and voted to approve the October 2019 financial report.
Tucker, 21-026
Page 56
136. The Authority paid additional personal expenses of $1,578.63 for Tucker to attend
WEFTEC 2019 Chicago.
Date
Item Description
Amount
Linda Baker Airline Ticket
$201.96
9/5/2019
Linda Baker WEFTEC 2019 Registration
$75.00
9/2112019
Auntie Armes Pittsburgh PA
$15.99
9/21/2019
Walgreens Chicago (3:53 p.m.)
$9.33
9/21/2019
Riva Navy Pier ($672.50 7 guests $96.07 ea)
$192.14
9/21/2019
Ivy Hotel Bill to Room Charge Check 2348
$8.00
9/21/2019
Ivy Hotel Chicago Room Charge
$468.43
9/22/2019
Taxi Svc New York Long Is City NY
$12.00
9/22/2019
Garrett Popcorn Chicago (12:31 p.m.)
$17.41
9/22/2019
Cheesecake Chicago ($43.75 1/2 for Baker)
$21.88
9/22/2019
Blaze Pizza Chicago ($12.37 1/2 for Baker)
$6.19
9/23/2019
Ivy Hotel Bill to Room Charge Check 2372
$5.00
9/23/2019
Northwest Mgmt Chicago IL
$10.25
9/23/2019
Bubba Gump Chicago ($48.61 1/2 for Baker)
$24.31
9/23/2019
Taxi Svc Chicago IL
$18.30
9/23/2019
Shoreline Galaxy Chicago IL
$51.52
9/23/2019
Gene & Georgetti ($698.26 7 guests $99.75 ea)
$99.75
9/24/2019
Ivy Hotel Bill to Room Charge Check 2391
$4.00
9/24/2019
Ivy Hotel Bill to Room Charge Check 2394
$18.00
9/24/2019
The Cheesecake Factory Chicago (11:55 1/2 Baker)
$4.74
9/24/2019
Taxi Svc Chicago IL
$11.25
9/24/2019
360 Chicago IL
$44.00
9/24/2019
GT Prime ($704.81 7 guests $100,69 ea)
$100.69
9/25/2019
Ivy Hotel Bill to Room Charge Check 2478
$4.00
9/25/2019
Cheesecake Chicago ($41.29 1/2 for Baker)
$20.65
9/25/2019
Hoss`s Steak Grove City PA
$72.85
9/2512019
Charlie Brown Airport
$11.01
Tips Paid Out - WEFTEC Chicago
$50.00
Total $1,578.63
137. Based on the proximity of the restaurants, convention center, and badge pickup locations
to the Ivy Boutique Hotel, there did not appear to be any reason for the Authority
representatives and their guests to incur taxi charges.
138. Tucker, in his capacity as an Authority Board Member, realized a pecuniary benefit of no
less than $8,699.05 when he utilized the authority of his public position and voted to
approve the payment of bills relative to expenses incurred by him and/or his
guest/significant other, Linda Baker, when attending the PMAA Conference during
calendar years 2016, 2017, 2018, and 2019, the PMAA Region 8 spring and fall dinner
meetings in calendar years 2016, 2017, 2018, and 2019, and WEFTEC in calendar years
2016, 2017, 2018, and 2019.
2016 2017 2018 2019 Total
PMAA Conference $242.18 $264.88 $298,28 $694.10 $1,499,44
PMAA Region 8 Meeting $65.00 $80.00 $75.00 $70.00 $290.00
Tucker, 21-026
Page 57
WEFTEC Conference $1,637,72 $1,477.84 $2215.42 $1,578.63 $6,909.61
Totals by Year $1,944.90 $1,822.72 $2,588,70 $2,342.73 $8,699.05
RESPONSE TO AUTHORITY TRAVEL
139. During an Authority Board meeting in early 2020, when South Shenango Township
Supervisor Joseph Livingston questioned the Authority Board expenses and conferences
the Authority Board attended, Tucker stated that it was compensation and that the
Authority Board deserved it.
a. When questioned about shipping things home from shopping excursions that
Tucker and Baker went on while at a conference, Tucker replied it was cheaper to
ship it home than to take another suitcase on the trip.
b. In February 2020, when South Shenango Township Supervisor Michael Richter
attended the Authority Board meeting and questioned the Authority Board
Members attending the conferences, Tucker stated that the Authority Board was
entitled to the trips as Board Members.
140. During multiple Authority Board meetings, Kean Staab publicly stated that there was
nothing wrong with using Authority funds to pay all expenses incurred on trips.
141. Following an Authority Board meeting in early 2020, Kean Staab and Authority Solicitor
Alan Shaddinger ("Shaddinger") talked, and Shaddinger suggested to Kean Staab that the
Authority Board needed to draft a policy regarding Authority travel.
a. With the exception of mileage reimbursement, the Authority had no formal policy
regarding travel until 2020.
142. At its April 8, 2020, meeting, the Authority Board approved policies written by Kean Staab,
including Training and Seminar (Article X) for employees, Board Members, and the
manager.
a. Article X4 states, "Board members and the Manager are permitted to attend PMAA
State Conference and National Conferences that provide educational opportunities
as approved by the Board."
b. Article X5 states, "Board members shall be compensated for mileage at the federal
mileage rate, costs related to travel, and hotel costs. Meal costs of maximum of
$100.00 per day for overnight travel in state."
C. Article Xb states, "Board members shall be compensated for mileage at the federal
mileage rate, costs related to travel, and hotel costs. Meal costs of maximum of
$150.00 per day for overnight travel for out of state."
Tucker, 21-026
Page 5 8
143. The 2020 U.S. General Services Administration ("GSA") meals and incidentals rate for
Chicago was $76.00/day; the rate for the first and last day of travel was $57.00.
144. The 2020 U.S. GSA meals and incidentals rate for New Orleans was $71.00/day; the rate
for the first and last day of travel was $53.25.
145. On September 20, 2021, Kean Staab provided information to Ethics Commission
Investigators regarding Authority travel and what Authority attendees could or could not
do.
a. Kean Staab stated that there were no rules, nobody set a rule that said you had to
go do anything or go to the Exhibition Hall while at the PMAA Conference or
WEFTEC; there were no rules like that.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT TUCKER
FAILED TO FILE STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR
YEARS 2016 AND 2017 AND FILED DEFICIENT STATEMENTS OF FINANCIAL
INTERESTS FOR CALENDAR YEARS 2018, 2019, AND 2020.
146. Statement of Financial Interests ("SFI") forms are required to be annually filed by public
officials/public employees with the governing authority of the political subdivision within
which he/she is appointed or elected.
a. SFIs are required to be filed by no later than May I` of each year that a public
official/public employee holds public office/employment.
b. SFIs require filers to disclose financial information pertaining to the preceding
calendar year.
147. Information to be disclosed on SFIs filed by public officials and public employees is
mandated by 65 Pa.C.S. § 1105.
a. Section 1105(b)(1) through Section 1105(b)(10) identifies specific information to
be disclosed as well as exceptions to disclosure requirements when applicable.
1. Section 1105(b)(1) directs the disclosure on SFIs of the "Name, address and
public position."
148, As an Authority Board Member, Tucker was a public official required to file SFIs annually
for each calendar year in which he served on the Authority Board.
149. Tucker fled SFIs as an Authority Board Member for calendar years 2016-2020 as follows:
Calendar
Date
Year
Filed
2016
1/11/2017
2017
1/10/2018
Tucker, 21-026
Page 59
2018 2/13/2019
2019 1 /912020
2020 1 /3 /2021
150. As a Member of the JASD School Board, Tucker was a public official required to file SFIs
annually for each calendar year in which he served on the JASD School Board.
151. Tucker filed SFIs as a Member of the JASD School Board for calendar years 2016-2020
as follows:
Calendar Date
Year
riled
2016
1/12/2017
2017
1/20/2018
2018
1/17/2019
2019
1/25/2020
2020
1/14/2021
152. As a Member of the Board of MIU4, Tucker was a public official required to file SFIs
annually for each calendar year in which he served on the MIU4 Board.
153. Tucker filed SFIs as a Member of the MIU4 Board for calendar years 2016-2020 as
follows:
Calendar
Date
Year
Filed
2016
1 /25/2017
2017
1 /24/2018
2018
Not Filed
2019
undated
2020
Not Filed
154. SFIs filed separately by Tucker for calendar years 2016, 2017, 2018, 2019, and 2020 in his
capacities as an Authority Board Member, a Member of the JASD School Board, and a
Member of the MIU4 Board included deficiencies as follows:
Calendar
Year Authority
Box 04 did not check hold
2016 Box 04 did not id positions
Box 04 did not list Board Member JASD
Box 05 did not list JASD
2017 Box 13 should be none
JASD
Box 04 did not include board member (IU4)
Box 04 did not list position (JASD)
Box 04 did not list position (Authority)
Box 05 did not include IU4
IU4
No deficiencies
Box 04 did not include board member (Authority)
Box 04 did not include board member (IU4)
Box 05 did not include Authority
Box 05 did not include IU4
Box 13 incorrectly listed Authority No deficiencies
Tucker, 21-026
Page 60
Box 04 did not include board member (Authority)
Box 04 did not include board member (IU4)
Box 05 did not include JASD
Box 05 did not include Authority
2018
Box 04 did not check hold
Box 05 did not include IU4
No SFI filed
Box 04 did not check bold
Box 04 did not include school director
Box 04 did not include board member (Authority)
Box 04 did not check hold
Box 04 did not include board member (IU4)
Form not signed
2019
Box 04 did not id positions for Authority or JASD
Box 05 did not include JASD
Form not dated
Box 04 did not check hold
Box 04 did not list board member JASD
Box 04 did not include board member (Authority)
Box 05 did not include JASD
Box 04 did not include board member (IU4)
2020
Box 13 did not check none
Box 05 did not include IU4
No SFI filed
155. Tucker filed amended SFIs with JASD for calendar years 2016 and 2018 as follows:
Calendar
Date
Year
Filed
2016
2/17/2017
2018
4/1/2019
a, Tucker's amended 2016 and 2018 SFIs filed with JASD were deficient as follows;
Calendar
Year Deficiency
Box 03 did not check amended box
Box 13 Incorrectly listed IU4
2016 Filed as candidate not j2ublic official
2018
Box 03 did not check amended box
Box 04 did not include position (JASD)
Box 04 did not include position (Authority)
Box 04 did not include position (IU4)
Box 05 did not include JASD
Box 05 did not include Authority
Box 05 did not include IU4
Box 08 did not answer
156. On October 22, 2021, Tucker filed amended SFIs for calendar years 2016, 2017, 2018,
2019, and 2020 as a Member of the Authority Board.
a. On October 25, 2021, Tucker filed amended SFIs for calendar years 2016, 2017,
2018, 2019, and 2020 with JASD.
b. On October 25, 2021, Tucker filed amended SFIs for calendar years 2016, 2017,
2018, 2019, and 2020 with MIU4.
Tucker, 21-026
Page 61
157. The amended SFIs filed by Tucker with the Authority, DASD, and MIU4 appear to be
copies of the same document and included the same deficiencies for all three entities as
follows:
Calendar
Year Deficiency
Box 04 did not check hold for 4 positions listed
Box 04b 05b (page 2) information in wrong line
2016 Page 2 of 2 is not signed
Box 04 did not check hold for 4 positions listed
Box 04b 05b (page 2) information in wrong line
2017 Pape 2 of 2 is not sianed
Box 04 did not check hold for 4 positions listed
Box 04b 05b (page 2) information in wrong line
2018 Page 2 of is not signed
Box 04 did not check hold for 4 positions listed
Box {lob 05b (page 2) information in wrong line
2019 Paize 2 of 2 is not sip -tied
Box 04 did not check hold for 4 positions listed
Box 04b 05b (page 2) information in wrong line
2020 Page 2 of 2 is not signed
III. DISCUSSION:
As a Member of the Board of the North and South Shenango Joint Municipal Authority
("Authority") from April 13, 1981, to March 2021, Respondent John Tucker ("Tucker") was a
public official 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 Tucker violated Sections 1103(a),1104(a),1105(a), and 1105(b)(1)
of the Ethics Act:
(1) When he used the authority of his public position for the private pecuniary benefit
of himself, and/or a member of his immediate family, when he participated in
Authority votes to approve guest attendance and/or expense payments; when he
incurred and charged expenses of a personal nature to Authority credit cards and
accounts when traveling on Authority business for conferences and/or conventions;
and when he submitted for reimbursement of expenses of a personal nature alleged
to have been paid in cash or by personal credit card;
(2) When he approved payments to vendors and/or credit card companies or himself
for personal expenses incurred while traveling on Authority business;
(3) When he failed to file Statements of Financial Interests ("SFIs") for calendar years
2016 and 2017; and
(4) When he filed deficient SFIs for calendar years 2018, 2019, and 2020 by failing to
include his public position or public office and failing to list any/all governmental
Tuelcer, 21-026
Page 62
entities as to which he was an official, employee, candidate, or nominee.
Per the Consent Agreement, the parties have agreed that the allegation that Tucker failed
to file SFIs for calendar years 2016 and 2017 will be dismissed. We therefore need not address
that allegation.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through his
holding public office or employment for the private pecuniary
benefit of himself, a member of his immediate family or a business
with which he or a member of his immediate family is associated.
The term does not include an action having a de minimis economic
impact or which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry, occupation or
other group which includes the public official or public employee, a
member of his immediate family or a business with which he or a
member of his immediate family is associated.
65 Pa.C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or
"conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public
official/public employee is prohibited fiom 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.
Section 1105(a) of the Ethics Act provides that the SFl shall be filed on the form prescribed
by this Commission; that all information requested on the form shall be provided to the best of the
Tucker, 21-026
Page 63
knowledge, information and belief of the filer; and that the forth shall be signed under oath or
equivalent affirmation.
Section 1105(b) of the Ethics Act and its subsections detail the information that a person
required to file the SFI form must disclose.
Section 1105(b)(1) of the Ethics Act requires the filer to disclose on the SFI his name,
address, and public position.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission.
We shall now summarize the relevant facts as contained therein.
Background
The Authority was established by North Shenango Township and South Shenango
Township. The purpose of the Authority is to construct, finance, and operate a wastewater
treatment facility for the area of North and South Shenango Townships. The Authority is governed
by a six -Member Board, with three Members appointed by the North Shenango Township
Supervisors and three Members appointed by the South Shenango Township Supervisors. When
the Authority was established, the North and South Shenango Township Supervisors chose not to
allow Authority Board Members to be compensated.
Tucker served on the Authority Board as an appointee of the South Shenango Township
Supervisors from April 13, 1981, to March 2021. Tucker served as Treasurer of the Authority
Board from at least January 9, 2008, until February 10, 2015, and he served as Vice Chairman of
the Authority Board from at least February 11, 2015, until January 13, 2021.
Prior to 2020, the Authority did not have a comprehensive operations manual outlining its
day-to-day operations. In January 2016, the Authority Board voted to approve the payment of out-
of-pocket expenses related to travel for training for Authority Board Members and employees. In
January 2017, January 2018, and January 2019, the Authority Board voted to approve payment of
out-of-pocket expenses and mileage related to travel for general training for Authority Board
Members and employees and their guests. The Authority Board did not vote on attending specific
conferences, trainings or meetings, and minutes of Authority Board meetings from 2016 onward
do not show any discussion or information shared as to what was learned when Authority Board
Members or employees attended conferences, trainings, or meetings.
From 2013 through 2019, the Authority's annual budget had a line item for Authority
Board expenses which included funds to travel to conferences, trainings, and meetings. As detailed
in Fact Finding 18 a, each year from 2014 through 2019, the Authority budgeted $10,000 for
Authority Board expenses, with the exception of 2015, when the Authority budgeted $20,000 for
such expenses. Each year from 2014 through 2019 the amount spent on Authority Board expenses
exceeded the expense budget. As detailed in Fact Finding 18 a, the yearly amount spent in excess
of the expense budget ranged from $5,945 to $20,522.
Tucker, 21-026
Page 64
In or around 2016, the Authority issued First National Bank Visa credit cards to the
Authority General Manager, Michael Klink ("Klink"), and the Authority Secretary/Bookkeeper,
Susan Dvorsky. In or around 2019, the Authority issued a First National Bank visa credit card to
Tucker.
Tucker's Expenses for Attending Pennsylvania Municipal Authorities Association Events
The Pennsylvania Municipal Authorities Association ("PMAA") is the recognized
association for municipal authorities in the Commonwealth of Pennsylvania. PMAA was
established "to assist municipal authorities in providing services that protect and enhance the
environment and promote the economic vitality and general welfare of the Commonwealth of
Pennsylvania and its citizens." PMAA is divided into ten regions. The Authority is located within
PMAA Region 8. From April 14, 2016, to September 2019, Tucker served on the PMAA Board
of Directors as the Region 8 Director.
PMAA holds an Annual Conference and Trade Show ("Annual Conference"). The Annual
Conference has a "Spouse Program" for spouses/guests of attendees in which they tour/visit a local
point of interest. Some meals at the Annual Conference are complimentary for spouses/guests of
attendees while other meals require payment of an additional charge for spouses/guests.
Tucker, as an Authority Board Member, regularly attended the Annual Conference and
other events hosted by PMAA, and he took his significant other, Linda Baker (`Baker"), to these
events. At no time relevant to this matter did Baker hold any position with the Authority.
Each year from at least 2016 through 2019, Tucker and Barer attended the Annual
Conference together and stayed in the same hotel room. Each year, the Authority paid for Tucker's
Annual Conference registration fee and his hotel room. No additional charges were required for a
second person to stay in Tucker's hotel room. Each year the Authority paid various personal
expenses incurred by Tucker in relation to his and Baker's attendance at the Annual Conference.
These personal expenses were charged to Authority -issued credit cards or were paid by Authority
checks issued to PMAA, and they are summarized below.
(1) 2016 Annual Conference, Pittsburgh, Pennsylvania, from August 28 through
August 31, personal expenses totaling $242.18, including: (a) fees for Baker to
attend a Heinz Field Dinner and Tour ($59.00), an Awards Banquet ($59,00), and
a closing breakfast ($21.00); (b) $43.18, representing Tucker and Baker's share of
charges for food and drink at a group gathering of Authority representatives and
their guests after the Awards Banquet; and (c) $60.00 for tips. See, Fact Finding
37.
(2) 2017 Annual Conference, Hershey, Pennsylvania, from September 10 through
September 13, personal expenses totaling $264.88, including: (a) fees for Baker to
attend an Awards Banquet ($59.00), a Then and Now Dinner ($29.50), and a
closing breakfast ($21.00); (b) $123.19 that Tucker claimed as reimbursement for
his and Baker's food expenses, which were documented by receipts; and (c) an
Tucker, 2I-026
Page 65
additional unidentified expense of $50.00 for which Tucker requested
reimbursement. See, Fact Finding 45.
(3) 2018 Annual Conference, Erie, Pennsylvania, from September 9 through
September 12, personal expenses totaling $298.28, including: (a) fees for Baker to
attend an Awards Banquet ($59.00), a Night on the Bayfront ($59.00), and a closing
breakfast ($18.00); (b) $89.36 that Tucker claimed as reimbursement for food and
drink expenses; (c) $24.76 for drinks during the Night on the Bayfront; and (d)
$48.16 in hotel room charges for food. See, Fact Finding 53.
(4) 2019 Annual Conference, Pocono Manor, Pennsylvania, from September 7 through
September 11, personal expenses totaling $694.10, including: (a) fees for Baker to
attend Shopping in the Poconos ($38.00), an Awards Banquet ($59.00), a Night on
the Boma ($59.00), and a closing breakfast ($21.00); (b) $54.50 per night for four
nights for a hotel room upgrade to a king whirlpool suite; (c) a charge of $135.00
for a Relaxation Massage for Baker at Kalahari Spa/Salon; and (d) various charges
for food, alcohol, and tips. See, Fact Finding 63.
In addition to the Annual Conference, PMAA annually holds Region 8 spring and fall
dinner meetings. Each year from 2016 through 2019, Tucker attended the Region 8 spring and fall
dinner meetings, with Baker as his guest. Each year the Authority paid the cost for Baker to attend
the spring and fall dinner meetings. The Authority paid a total of $290.00 for Baker to attend the
spring and fall dinner meetings from 2016 through 2019. See, Fact Finding 66.
Tucker's Expenses for Attending Water Environment Federation Events
The Water Environment Federation ("WEF") is a not for profit technical and educational
organization of individual members and affiliated member associations representing water quality
professionals around the world, and it provides technical education and training for water quality
professionals who clean water and return it safely to the environment. WEF has an annual
Technical Exhibition and Conference ("WEFTEC"). WEFTEC runs from Saturday through
Wednesday each year, with an Exhibition Hall open from Monday through Wednesday. The
Exhibition Hall includes vendor displays of pump systems, wastewater treatment products, and
technology advancements. Most of the products at the Exhibition Hall are the same each year. An
attendee can register to attend the full conference or only for admission to the Exhibition Hall.
At an Authority Board meeting in August 2013, Authority General Manager Klink asked
for approval to attend WEFTEC in October 2013 in Chicago, Illinois. At the meeting, it was
agreed that any Authority Board Members were welcome to attend WEFTEC with all expenses
paid by the Authority. Authority Board Members and Klink have been attending WEFTEC since
at least 2013.
Each year from 2016 through 2019, Tucker, Baker, Klink, Klink's guest, and Authority
Board Members Valerie Kean Staab ("Kean Staab") and Dieter Meyer attended WEFTEC. The
attendees were registered only for the Exhibition Hall, and their registration fees were charged to
Klink's Authority -issued credit card. Each year, Tucker and Baker flew to the city hosting
Tucker, 21-026
Page 66
WEFTEC on Saturday even though the Exhibition Hall did not open until Monday. The time that
they spent in the host city on Saturday was not related to Authority business. Each year from 2016
through 2019, Tucker and Baker stayed overnight at the Hyatt Regency at Pittsburgh International
Airport before flying to the host city on Saturday.
Each year from 2016 through 2019, Tucker and Baker joined other Authority
representatives and their guests who had arrived early for WEFTEC for group lunches or dinners
on Saturday. These and other group lunches and dinners that Tucker and Baker joined were
charged to Klink's Authority -issued credit card. The Authority representatives and their guests
also participated in individual or group excursions, usually on a Saturday or Sunday, that were
unrelated to WEFTEC and social in nature and that were charged to Klink's Authority -issued
credit card. Other expenses were charged to credit cards that the Authority issued to Kean Staab,
Tucker, or other Authority representatives.
Each year the Authority paid various personal expenses incurred by "fucker in relation to
his and Baker's attendance at WEFTEC. The Authority paid these personal expenses either as a
result of the use of Authority -issued credit cards or as a result of the Authority issuing checks as
reimbursement for claimed expenses. The personal expenses paid each year typically included:
(1) costs for hotel rooms, multiple meals, and other travel expenses that were incurred only as a
result of Tucker and Baker flying to the WEFTEC host city on Saturday even though the Exhibition
Hall did not open until Monday; (2) Baker's airfare; (3) Baker's registration fee for the Exhibition
Hall; (4) Tucker's share of the costs of group meals that took place on Saturday, two days before
the Exhibition Hall opened; (5) Baker's share of the costs of any group meals that she joined; and
(6) costs related to Tucker and Baker's participation in excursions or other tourist -type
experiences.
WEFTEC 2016
For WEFTEC 2016, in New Orleans, Louisiana, the Exhibition Hall was open from
Monday, September 26, through Wednesday, September 28. Tucker and Baker stayed at the Hyatt
Regency at Pittsburgh International Airport from Friday, September 23, to Saturday, September
24, and then flew to New Orleans. The personal expenses paid by the Authority totaled $1,637.72
and included, inter alia: (a) Baker's $60.00 registration fee; (b) charges of $362.50 and $62.60 for
Baker's airfare and charges totaling $50.00 for Baker's baggage fees; (c) an extra hotel room
charge of $173.50 incurred as a result of Tucker and Balser staying at the Hyatt Regency at
Pittsburgh International Airport; (d) an extra hotel room charge of $243.92 incurred as a result of
Tucker and Baker arriving in New Orleans on Saturday; (e) $79.42, representing Tucker's share
of the costs of two Saturday group meals, and $155.39, representing Baker's share of the costs of
three group meals; (f) costs for Baker's share of multiple restaurant meals; and (g) $196.00 for
tickets for Tucker and Baker to take a swamp/plantation tour through Cajun Pride Tours. See, Fact
Finding 92.
WEFTEC 2017
For WEFTEC 2017, in Chicago, Illinois, the Exhibition Hall was open from Monday,
October 2, through Wednesday, October 4. Tucker and Baker stayed at the Hyatt Regency at
Tricker, 21-026
Page 67
Pittsburgh International Airport from Friday, September 29, to Saturday, September 30, and then
flew to Chicago. The personal expenses paid by the Authority totaled $1,477.84 and included,
inter alia: (a) Baker's $75.00 registration fee; (b) $188.34 for Baker's airfare and $25.00 for
Baker's baggage fee; (c) an extra hotel room charge of $169.86 and various food expenses incurred
as a result of Tucker and Baker staying at the Hyatt Regency at Pittsburgh International Airport;
(d) an extra hotel room charge of $397.99 incurred as a result of Tucker and Baker arriving in
Chicago on Saturday; (e) $170.11, representing Tucker and Baker's share of the cost of a Saturday
group dinner; (f) $30.00 for tickets for Tucker and Baker to ride the Centennial Wheel at the Navy
Pier and $79.90 for tickets for Tucker and Baker for a tour bus/double decker bus to visit tourist
spots; and (g) costs for Baker's half of multiple restaurant meals. See, Fact Finding 105.
WEFTEC 2018
For WEFTEC 2018, in New Orleans, the Exhibition Hall was open from Monday, October
1, through Wednesday, October 3. Tucker and Baker stayed at the Hyatt Regency at Pittsburgh
International Airport from Friday, September 28, to Saturday, September 29, and then flew to New
Orleans. The personal expenses paid by the Authority totaled $2,215.42 and included, inter alia:
(a) Baker's $75.00 registration fee; (b) $276.00 for Baker's airfare; (c) an extra hotel room charge
of $323.76 incurred as a result of Tucker and Baker staying at the Hyatt Regency at Pittsburgh
International Airport; (d) an extra hotel room charge of $257.74 incurred as a result of Tucker and
Baker arriving in New Orleans on Saturday; (e) $43.12, representing Tucker's share of the cost of
a Saturday group dinner, and $227.43, representing Baker's share of the costs of three group meals;
(f) $106.28 for sightseeing passes for Tucker and Baker and $274.00 for tickets for Tucker and
Baker to take an eight and one-half hour swamp and plantation tour through Louisiana Tour
Company; and (g) costs for Baker's half of multiple restaurant meals. See, Fact Finding 123.
WEFTEC 2019
For WEFTEC 2019, in Chicago, the Exhibition Hall was open from Monday, September
23, through Wednesday, September 25. Tucker and Baker flew to Chicago on Saturday,
September 21. The personal expenses paid by the Authority totaled $1,578.63 and included, inter
alia: (a) Baker's $75.00 registration fee; (b) $201.96 for Baker's airfare; (c) an extra hotel room
charge of $468.43 incurred as a result of Tucker and Baker arriving in Chicago on Saturday; (d)
$96.07, representing Tucker's share of the cost of a Saturday group dinner, and $296.51,
representing Baker's share of the costs of three group meals; (e) costs for Baker's half of multiple
restaurant meals; and (f) costs for excursions. See, Fact Finding 136,
Tucker's Approval of Payments_ for Personal Expenses
From 2016 through 2019, Tucker, as an Authority Board Member, voted to approve
approximately 17 monthly financial reports that included payments for personal expenses related
to his and Baker's attendance at PMAA's Annual Conference, PMAA's annual Region 8 spring
and fall dinner meetings, and WEFTEC. These payments included payments to the bank that
issued the Authority's credit cards, checks payable to PMAA, and checks payable to Tucker as
reimbursement for expenses that he claimed. The parties have stipulated that Tucker realized a
Tucker, 21-026
Page 68
pecuniary benefit of no less than $8,699.05 when he voted to approve payments for personal
expenses that he and Baker incurred in relation to their attendance at the aforesaid events.
Tucker's Removal from the Authori Board
In early 2020, when South Shenango Township Supervisors raised questions at an
Authority Board meeting about the Authority Board's expenses and the conferences attended,
Tucker stated that the Members of the Authority Board were entitled to the trips. On April 8, 2020,
the Authority Board approved a formal policy regarding the attendance of Authority Board
Members at conferences and the payment of their travel expenses.
In approximately August 2020, the South Shenango Township Board of Supervisors sent
Tucker a letter, asking him to provide his resignation as a Member of the Authority Board within
seven days. When Tucker did not resign from the Authority Board, the South Shenango Township
Board of Supervisors filed suit in the Court of Common Fleas of Crawford County to remove him
from the Authority Board. Following a hearing on January 21, 2021, Judge William R.
Cunningham ("Judge Cunningham") issued an Opinion/Order on February 8, 2021, removing
Tucker from his position as a Member of the Authority Board. In his Opinion/Order, Judge
Cunningham stated, in pertinent part, that "[t]he Authority Board has no legal authority to
compensate itself' and that "[n]either [Tucker] nor Staab could articulate any legitimate benefit
the Authority received by virtue of their attendance at WEFTEC for five straight years. There
were no ideas, policies, technologies, funding sources, grants or any form of improvement that
were even suggested by [Tucker] based on his attendance at WEFTEC."
Tucker's SFIs
In addition to serving as an Authority Board Member, Tucker served as a School Director
for the Jamestown Area School District ("JASD") and as a Member of the Board of Midwestern
Intermediate Unit IV. In each of his public positions, Tucker was annually required to file an SFI
by May 1 containing information for the prior calendar year. Tucker was required to disclose on
his SFIs each public position that he was currently seeking, currently held, or had held in the prior
calendar year by listing the title of each of his public positions, listing the governmental entity for
each of his public positions, and checking the appropriate block ("seeking," "hold," or "held") for
each of his public positions.
Tucker filed SFIs with the Authority for calendar years 2016 through 2020. Tucker failed
to: (1) identify his public positions on his SFI for calendar year 2016; (2) list his public position
as a School Director for JASD on his SFI for calendar year 2017; (3) check "hold" for each of his
public positions on his SFI for calendar year 2018; (4) identify his public positions as an Authority
Board Member and a School Director for JASD on his SFI for calendar year 2019 and check "hold"
for those positions; and (5) list his public position as a School Director for JASD and check "hold"
for the other public positions listed on his SFI for calendar year 2020.
On October 22, 2021, Tucker filed amended SFIs for calendar years 2016, 2017, 2018,
2019, and 2020 with the Authority. On each of the amended SFIs, Tucker failed to check "hold"
for his public positions.
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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 Tucker used the authority of
his public position for the private pecuniary benefit
of himself when he participated in Authority votes to
approve guest attendance and/or expense payments;
and when he incurred and charged expenses of a
personal nature to Authority credit cards and
accounts when traveling on Authority business for
conferences and/or conventions; and when he
submitted for reimbursement expenses of a personal
nature alleged to have been paid in cash or personal
credit card;
b. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Tucker approved payments
to vendors and/or credit card companies or himself
for personal expenses incurred while traveling on
Authority business; and
C. That a violation of Sections 1105(a) and 1105(b)(1)
of the Public Official and Employee Ethics Act, 65
Pa.C.S. §§ 1105(a), 1105(b)(1), occurred when
Tucker filed deficient Statements of Financial
Interests for calendar years 2018, 2019, and 2020 by
failing to include his public position/public office
and by failing to list any/all governmental entities in
which he was an official, employee, candidate, or
nominee.
The remaining allegation of failure to file Statements of
Financial Interests for calendar years 2016 and 2017 will be
dismissed.
Tucker, 21-026
Page 70
4. Tucker agrees to matte payment in the amount of $6,750.00 in
settlement of this matter and forwarded to the Pennsylvania State
Ethics Commission, within thirty (30) days of the issuance of the
final adjudication in this matter:
a. Of that amount, $6,000.00 shall be payable to the
North and South Shenango Joint Municipal
Authority, and
b. Of that amount, $750.00 shall be payable to the
Commonwealth of Pennsylvania in satisfaction of
the civil penalty for the ... deficient filing of
Tucker's Statements of Financial Interests from 2018
through 2020.
In the event that he has not already done so, Tucker agrees to have
on file complete and accurate Statements of Financial Interests for
calendar years 2016 through 2020 with North and South Shenango
Joint Municipal Authority, through the Pennsylvania State Ethics
Commission, within thirty (30) days of the issuance of the final
adjudication in this matter.
6. Tucker agrees to not accept any reimbursement, compensation or
other payment from North and South Shenango Joint Municipal
Authority representing a full or partial reimbursement of the amount
paid in settlement of this matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other authority
to take action in this matter. Such, however, does not prohibit the
Commission from initiating appropriate enforcement actions in the
event of 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 as they deem appropriate.
Tucker, 21-026
Page 71
C. The non -referral language contained in this
paragraph is considered an essential part of the
negotiated consent agreement.
Consent Agreement, at 1-3.
In considering the Consent Agreement, we accept the parties' recommendations for
findings that violations of Section 1103(a) of the Ethics Act occurred: (1) when Tucker used the
authority of his public position for the private pecuniary benefit of himself when he participated
in Authority Board votes to approve guest attendance and/or expense payments; when he incurred
and charged expenses of a personal nature to Authority credit cards and accounts when traveling
on Authority business for conferences and/or conventions; and when he submitted for
reimbursement expenses of a personal nature alleged to have been paid in cash or by personal
credit card; and (2) when Tucker approved payments to vendors and/or credit card companies or
himself for personal expenses incurred while traveling on Authority business.
As detailed above, each year from 2016 through 2019, Tucker attended the PMAA Annual
Conference, the PMAA Region 8 spring and fall dinner meetings, and WEFTEC. Each year he
took his significant other, Baker, to all of these events. But for being an Authority Board Member,
Tucker would not have been in a position to attend these events with Baker as his guest. Tucker
and Baker incurred a multitude of personal expenses in relation to their attendance at these events,
and their personal expenses were paid by the Authority through the use of Authority -issued credit
cards, through Authority checks payable to PMAA, or through reimbursement for expenses
charged to personal credit cards or paid by cash.
Tucker used the authority of his public position as a Member of the Authority Board when
he: (1) extended his trips to WEFTEC at the Authority's expense by flying to the host city a day
early each year; (2) incurred personal expenses related to his and Baker's attendance at WEFTEC
and the PMAA events and charged these personal expenses to his Authority -issued credit card; (3)
sought reimbursement for personal expenses that were charged to his personal credit card or paid
by cash; and (4) voted to approve at least 17 monthly financial reports that included payments ----
consisting of payments to the bank that issued the Authority's credit cards, checks payable to
PMAA, and checks payable to Tucker — for personal expenses related to his and Baker's attendance
at WEFTEC and the PMAA events. Tucker realized a private pecuniary benefit of no less than
$8,699.05 when he voted to approve payments for personal expenses that he and Baker incurred
in relation to their attendance at the aforesaid events.
With each element of the recommended violations of Section 1103(a) established, we hold
that: (1) a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Tucker used the authority of his public position for the private pecuniary benefit of himself when
he participated in Authority Board votes to approve guest attendance and/or expense payments;
when he incurred and charged expenses of a personal nature to Authority credit cards and accounts
when traveling on Authority business for conferences and/or conventions; and when he submitted
for reimbursement expenses of a personal nature alleged to have been paid in cash or by personal
credit card; and (2) a violation of Section I I03(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
Tucker, 21-026
Page 72
when Tucker approved payments to vendors and/or credit card companies or himself for personal
expenses incurred while traveling on Authority business.
We agree with the parties, and we hold, that a violation of Sections 1 I05(a) and 1 I05(b)(1)
of the Ethics Act, 65 Pa.C.S. §§ I I05(a), I I05(b)(1), occurred when Tucker filed deficient SFIs
for calendar years 2018, 2019, and 2020 by failing to include his public position/public office and
by failing to list any/all governmental entities in which he was an official, employee, candidate, or
nominee.
As part of the Consent Agreement, Tucker has agreed to make payment in the total amount
of $6,750.00 in settlement of this matter as follows. Tucker has agreed to make payment in the
amount of $6,000.00 payable to the Authority and forwarded to this Commission within thirty (30)
days of the issuance of the final adjudication in this matter. Tucker has further agreed to make
payment in the amount of $750.00 payable to the Commonwealth of Pennsylvania -- representing
a civil penalty for his deficient SFIs for calendar years 2018 through 2020 — within thirty (30) days
of the issuance of the final adjudication in this matter.
Tucker has agreed to not accept any reimbursement, compensation or other payment from
the Authority representing a full or partial reimbursement of the amount paid in settlement of this
matter. To the extent he has not already done so, Tucker has agreed to file complete and accurate
SFIs for calendar years 2016 through 2020 with the Authority, through this Commission, within
thirty (30) days of the issuance of the final adjudication in this matter.
We agree that the aforesaid recommendations are appropriate, including the
recommendation that Tucker file complete and accurate SFIs for calendar years 2016 through
2020, notwithstanding the dismissal of the allegation regarding Tucker's failure to file SFIs for
calendar years 2016 and 2017.
Accordingly, per the Consent Agreement of the parties, Tucker is directed to make payment
in the amount of $6,000.00 payable to North and South Shenango Joint Municipal Authority and
forwarded to this Commission by no later than the thirtieth (30"') day after the mailing date of this
adjudication and Order. Tucker is further directed to make payment in the amount of $750.00
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.
Tucker is directed to not accept any reimbursement, compensation or other payment from
the Authority representing a full or partial reimbursement of the amount paid in settlement of this
matter.
To the extent he has not already done so, Tucker is directed to file complete and accurate
SFIs for calendar years 2016 through 2020 with the Authority, through this Commission, by no
later than the thirtieth (30`h) 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.
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Page 73
IV. CONCLUSIONS OF LAW:
As a Member of the Board of the North and South Shenango Joint Municipal Authority
("Authority") from April 13, 198t, to March 2021, Respondent John Tucker ("Tucker")
was a public official subject to the provisions of the Public Official and Employee Ethics
Act ("Ethics Act"), 65 Pa.C.S. § I101 et seq.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Tucker used the authority of his public position for the private pecuniary benefit of himself
when he participated in Authority Board votes to approve guest attendance and/or expense
payments; when he incurred and charged expenses of a personal nature to Authority credit
cards and accounts when traveling on Authority business for conferences and/or
conventions; and when he submitted for reimbursement expenses of a personal nature
alleged to have been paid in cash or by personal credit card.
A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Tucker approved payments to vendors and/or credit card companies or himself for personal
expenses incurred while traveling on Authority business.
4. A violation of Sections 1105(a) and 1105(b)(1) of the Ethics Act, 65 Pa.C.S. §§ 1105(a),
1105(b)(1), occurred when Tucker filed deficient Statements of Financial Interests for
calendar years 2018, 2019, and 2020 by failing to include his public position/public office
and by failing to list any/all governmental entities in which he was an official, employee,
candidate, or nominee.
In Re: John Tucker, File Docket: 21-026
Respondent Date Decided: 1/24/23
Date Mailed: 1/25/23
ORDER NO, 1815
1. A violation of Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa.C.S. § 1103(a), occurred when John Tucker ("Tucker"), as a Member of the
Board of the North and South Shenango Joint Municipal Authority ("Authority"), used the
authority of his public position for the private pecuniary benefit of himself when he
participated in Authority Board votes to approve guest attendance and/or expense
payments; when he incurred and charged expenses of a personal nature to Authority credit
cards and accounts when traveling on Authority business for conferences and/or
conventions; and when he submitted for reimbursement expenses of a personal nature
alleged to have been paid in cash or by personal credit card.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Tucker approved payments to vendors and/or credit card companies or himself for personal
expenses incurred while traveling on Authority business.
3. A violation of Sections I105(a) and I I05(b)(1) of the Ethics Act, 65 Pa.C.S. §§ 1105(a),
1105(b)(1), occurred when Tucker filed deficient Statements of Financial Interests for
calendar years 2018, 2019, and 2020 by failing to include his public position/public office
and by failing to list any/all governmental entities in which he was an official, employee,
candidate, or nominee.
4. Per the Consent Agreement of the parties, Tucker is directed to make payment in the
amount of $6,000.00 payable to North and South Shenango Joint Municipal Authority and
forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (301")
day after the mailing date of this Order.
5. Tucker is directed to make payment in the amount of $750.00 payable to the
Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics
Commission by no later than the thirtieth (301h) day after the mailing date of this Order.
6. Tucker is directed to not accept any reimbursement, compensation or other payment from
the Authority representing a full or partial reimbursement of the amount paid in settlement
of this matter.
7. To the extent he has not already done so, Tucker is directed to file complete and accurate
Statements of Financial Interests for calendar years 2016 through 2020 with the Authority,
through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30"') day
after the mailing date of this Order.
8. Compliance with paragraphs 4, 5, 6, and 7 of this Order will result in the closing of this
case with no further action by this Commission.
Tucker, 21-026
Page 75
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Shelley Y. Sim kyhair