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Home My WebLink About1816 PostupacPHONE: 717-783-1610 TOLL FIREE: 1-800-.932-0936 In Re: Robert 11. Postupac, Respondent STATE ETHICS COMIVIISSION FINANCE BUILDING 613 NOR` TI S"I"REET, ROOM 3,09 HARRISBURG, 1=IA17'120-04.00 File Docket: Order No. Date Decided: Date Mailed: 20-023 1816 4/12/23 4/14/23 Before: Shelley Y. Simms, Chair Michael A. Schwailz, Vice Chair Rhonda Hill Wilson Paul E. Pat -sells David L. Reddecliff This is a final adjudication of the State Ethics Commission.' FACSIMILE 7 I 7-787--(806 WEBSITE: w_w ,A,,g1hjg5_.pa,.gov Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 etsec ., 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 Robert Postupac violated Sections 11 03(a), I I 03(b), 11 O3(c), 11 05(b)(1), 11 05(b)(5), and 1105(b)(6) of the Ethics Act: (1) When he utilized the authority of his public position as Substitute/Acting/Permanent Superintendent of Blaeld-gawk.School District for the pecuniary benefit of a member of his immediate family, specifically his daughter, when he directed and influenced the hiring of the son of a Member of the School Board ("Board") of Moon Area School District to a paid position as a teacher with Blackhawk School District based on his understanding that the vote and/or official action of the Moon Area School District Board Member would be influenced, ' Commissioner Robert P. CarLISO NCLISed himself ftorn this matter and did not participate in the deliberations involving this case. P.....oss_tuuac, 20-023 Page 2 specifically that the Moon Area School District Board Member would take action resulting in the hiring of Postupac's daughter for a long-term/permanent position of employment with Moon Area School District; (2) When he solicited and/or accepted something of monetary value, an offer from a Member of the Moon Area School District Board to hire his daughter as an employee of Moon Area School District, at a time when he was using the authority of his public position to influence the hiring of the Moon Area School District Board Member's son for a position with Blackhawk School District; (3) When he filed deficient Statements of Financial Interests by failing to identify his status and public offices/positions (calendar years 2016, 2017, 2018, and 2019) and failing to identify all reportable sources of income (calendar years 2016, 2017, and 2019); (4) When, as the Superintendent of Western Beaver County School District, he filed deficient Statements of Financial Interests by failing to identify his status and his public offices/positions (calendar years 2016, 2017, 2018, and 2019), failing to identify all reportable sources of income (calendar years 2015 and 2016), and failing to complete or otherwise disclose receipt of any gifts (calendar year 2019); and (5) When, as a Member of the Community College of Beaver County Board of Trustees, he filed deficient Statements of Financial Interests by failing to identify his status and his public offices/positions (calendar years 2015, 2016, 2017, 2018, and 2019) and by failing to identify all reportable sources of income (calendar years 2015, 2016, 2017, and 2019). II. FINDINGS: Robert H. Postupac ("Postupac") has served in roles as the Substitute Superintendent/Acting Superintendent/Superintendent of Blackhawk School District (`BSD"), Beaver County/Lawrence County, Pennsylvania from at least June 1, 2016, until the present. a. The Blackhawk School District School Board ("Blackhawk Board") approved Postupac to serve as the Substitute Superintendent of BSD at its May 31, 2016, meeting, and he served as such from June 1, 2016, until August 18, 2016. At the time, Postupac was serving as the Superintendent of Western Beaver County School District ("WBCSD"). 2. BSD and WBCSD signed Articles of Agreement on June 30, 2016, for the sharing of administrative services of Postupac. Postupac, 20-023 page b. The Blackhawk Board appointed Postupac as the Acting Superintendent of BSD at its August 18, 2016, meeting, and he served as such from August 19, 2016, until June 30, 2017, under the same agreement. C. At the December 5, 2016, Blackhawk Board meeting, the Blackhawk Board appointed Postupac as the full-time Superintendent of BSD beginning July 1, 2017. Postupac's contract is for a term of five years beginning July 1, 2017, and ending June 30, 2022. 2. In addition to serving as the Superintendent of BSD, Postupac is the full-time Superintendent of WBCSD, and he has served as such since 2008. a. Per the Articles of Agreement signed by Postupac, WBCSD, and BSD on January 19, 2017, WBCSD and BSD agreed to share the administrative services provided by Postupac on a permanent basis, agreed to allow Postupac to serve concurrently as the duly appointed and commissioned full-time Superintendent of both school districts, and agreed Postupac was to be considered a full-time employee of both school districts concurrently. b. The Articles of Agreement allow Postupac to serve concurrently as the duly appointed and commissioned full-time Superintendent of BSD and. WBCSD for a five-year term beginning July 1, 2017. 3. Postupae's job description as the Substitute Superintendent/Acting Superintendent/Superintendent includes recommending the employment of and assigning and supervising the work of all employees. a. Postupac's job description also includes maintaining directly or through delegation adequate records for the schools, including a system of personnel records which are required by law and Blackhawk Board policy. b. Postupac is responsible for the total day-to-day administration of BSD subject to officially adopted policies of the Blackhawk Board. 4. BSD is located in Beaver County, Pennsylvania and provides K-12 primary public education to students from Beaver County and Lawrence County. a. BSD is comprised of five schools. b. BSD serves approximately 2,330 students. C. BSD is responsible for maintaining a number of teaching positions (approximately 161) to serve the students. 5. BSD is a Class 3 school district governed by a nine -Member Board. Post.q ac, 20-023 Page 4 a. The Blackhawk Board holds two meetings a month — a work session and a voting session. 1. Work sessions are generally held the second Thursday of the month followed by a voting session on the third Thursday of the month. b. Special meetings are held as necessary. C. Voting can occur at the work session, voting session, and special meeting after a motion is made and properly seconded. 6. Blackhawk Board Members receive via email the Blackhawk, Board meeting agenda along with the backup documentation a few days before the meeting and a hard copy of the agenda and backup documentation is at their seat the night of the meeting. a. The Blackhawk Board Secretary assembles the meeting agenda using information collected from the administration, administrative secretaries, and occasionally the public. b. The Superintendent and the Blackhawk Board President review the agenda and make additions and edits. C. The agenda and any amendments are approved by a vote of the Blackhawk Board. THE FOLLOWING FINDINGS RELATE TO THE HIRING PRACTICES AT BSD. 7. Pursuant to an agreement between BSD and the Blackhawk Education Association ("BEA") for the school years 2014-2019, when a teaching vacancy exists, notice of the vacancy shall be posted by the Superintendent in a prominent place in the school buildings for at least five calendar days before the position is to be filled. a. The position is then advertised in the local newspaper, The Beaver County Times, for three days. 1. The Beaver County Times also advertises the vacant position online at ZipRecruiter.com for up to 30 days. 2. On occasion BSD will advertise an open position on the Pennsylvania School Board Association's website or on PennLink, but it does not advertise on PA -Educator. 3. The advertisement has an application deadline date by which applications must be received at BSD's Central Office and provides the name and address for applicants to send their resume, Pennsylvania Standard Application, and clearances. Poste ac, 20-023 Pag� b. Applications can be hand delivered, mailed, and/or electronically sent to BSD's Central Office. 8. The hiring process includes an interview team consisting of the Superintendent and other administrators such as the building principals and assistant principals, curriculum director, and/or special education director as available. a. If the vacant position is for a specialty teaching position such as special education, physical education, music or foreign language, a teacher from that department is included in the interviews. b. During his tenure as the Substitute/Acting Superintendent/Superintendent, Postupac has participated in all 'interviews and completed a score sheet for each candidate, schedule permitting. 9. BSD's interview process consists of three rounds of interviews with the interview team. a. Round one consists of questions to get to know the candidates. b. Round two consists of additional questions and an exercise with candidates teaching a lesson based on a topic provided to all the candidates. c. Round three consists of select questions previously asked of the candidates in rounds one and two and includes Members of the Blackhawic Board who opt to participate. 10. An interview team member(s) reviews and scores the resumes received using the rubric scoring guide of one to three with three being the highest score. a. The number of candidates brought in for round -one interviews depends on the vacant position, the number of resumes received, and the quality of the resumes received. 11. In round one, the interview team questions each candidate individually in a round robin format asking each candidate the same questions and then individually scoring each candidate using the rubric scoring guide. a. At the end of round one the team members discuss the candidates and recommend a top three to five candidates to move to the second round. 12. The candidates identified by the interview team for the next round are notified to return for a round -two interview by either Missy Delmonico ("Delmonico"), the Superintendent's secretary, or by the building principal where the vacancy exists. Postiipac, 20-023 Page 6 a. Some building principals will send a rejection letter to the candidates who were not selected to go to the round -two interviews. 13. Postupac, as Superintendent, has significant input in the selection process of candidates for employment to be presented to the Blackhawk Board for approval. 14. In round two the interview team questions each candidate individually in a round robin format asking each candidate the same questions, and each candidate is given the same topic on which to present a lesson. a. The interview team scores each candidate individually on the question and answer portion and the lesson taught, discusses the candidates, and identifies the top candidates to bring back for round three. b. Candidates proceeding to round three are notified of the date and time of their round -three interview. 15. In round three, the interview team and the Blackhawk Board personnel committee members question the candidates, score each candidate, and identify the top candidate to recommend to the Blackhawk Board to hire. a. Round -three interviews are typically scheduled the night of a regularly scheduled Blackhawk Board meeting. b. At the end of round three the recommended candidate is presented to the B lackhawk Board for a vote. THE FOLLOWING FINDINGS RELATE TO POSTUPAC USING HIS PUBLIC OFFICE TO PROMOTE AND ENSURE THE HIRING OF THE SON OF A MOON AREA SCHOOL DISTRICT BOARD MEMBER BASED ON HIS UNDERSTANDING THAT THE VOTE, OFFICIAL ACTION OR JUDGMENT TAKEN BY THE MOON AREA SCHOOL DISTRICT BOARD MEMBER WOULD BE INFLUENCED RESULTING IN THE HIRING OF POSTUPAC'S DAUGHTER FOR A LONG-TERM/PERMANENT POSITION OF EMPLOYMENT WITH MOON AREA SCHOOL DISTRICT AND TO POSTUPAC SOLICITING OR ACCEPTING AN OFFER BY A MOON AREA SCHOOL DISTRICT BOARD MEMBER TO HIRE HIS DAUGHTER AS AN EMPLOYEE OF MOON AREA SCHOOL DISTRICT BASED ON THE UNDERSTANDING HIS VOTE, OFFICIAL ACTION OR JUDGMENT WOULD BE INFLUENCED, NAMELY, TO RECIPROCATE BY HIRING THE SON OF THE MOON AREA SCHOOL DISTRICT BOARD MEMBER. 16. On or about July 7, 2016, BSD ran an employment advertisement in The Beaver County Times for Physical Education Teacher, Guidance Counselor, and Building Secretary with an application deadline of July 20, 2016. Postu ae, 20-023 Page _. 17. Amy Anderson ("Anderson") has been the Principal of BSD's Highland Middle School since 2015. a. As the Principal of Highland Middle School, Anderson was responsible for assembling the interview team to fill the openings. b. Postupac is the direct supervisor of Anderson and has been since his arrival at BSD in 2016. 18. Prior to the start of the 2016-2017 school year, there were two vacancies for a Physical Education/Health teacher at Highland Middle School. 19. Anderson first attempted to fill the positions by utilizing personnel from other schools within BSD. a. When this was unsuccessful, an internal posting was approved by Postupac. b. On June 22, 2016, Delmonico publicized this internal posting by sending an email to BEA members with the following job posting: "Teacher — Highland Middle School Health and Physical Education -- 6th, 7th, and 8th grades." 20. Vincent Scappe was one of the applicants for the Physical Education position at BSD. a. Vincent Scappe hand delivered his resume for a position as a Physical Education teacher at BSD to BSD's Central Office. 1. Included with Vincent Scappe's resume was a letter dated July 11, 2016, addressed to BSD Superintendent Dr. Robert Postupac. b. Records maintained by Delmonico confirm receipt of Vincent Scappe's rdsumd by at least July 16`11, if not earlier. 21. Vincent Scappe is the son and immediate family member of Mark Scappe ("Scappe"), who is a Member of the School Board of Moon Area School District ("MASD"). a. Scappe has served on the Moon Area School District School Board ("Moon Board") since December 7, 2015. 22. In the days after Vincent Scappe delivered his resume to Postupac, he contacted BSD's Central Office as well as BSD Highland Middle School as shown below: Week Elapsed Call Date Day Time Time Initiatine # Caller End # Recipient 7/18/2016 Mon 10:12 a.m. 3 [redacted 1] V Scappe 724.846.6600 BSD Central 7/20/2016 Wed 9:32 a.m. 1 [redacted 1] V Scappe 724.846.6600 BSD Central 7/21/2016 Thurs 12:22 p.m. 2 [redacted 1] V Scappe 724.843.1700 BSD Highland _P....o._steuac, 20-023 Page 8 a. Vincent Scappe maintained cellular telephone number [redacted 11 with Verizon Wireless at that time. 23. Beginning July 11, 2016, and around the time that Vincent Scappe hand delivered his rdsume to BSD, and continuing until July 21, 2016, a series of telephone calls occurred among Moon Board Members Scappe and Jerry Testa ("Testa" or "Moon Board Member Testa"), MASD High School Principal Barry Balaski ("Balaski" or "MASD Principal Balaski"), Blackhawk Board Member Mary Kaszer ("Kaszer" or "Blackhawk Board Member Kaszer"), and BSD Highland Middle School Principal Amy Anderson ("Anderson" or "BSD Principal Anderson") as outlined below: Week Elapsed Call Date Day Time Tune Initiating # Caller End # Rec�ient 7/11/2016 Mon 4:57:29 p.m. 1:42 [redacted 2] Scappe MASD BMbr [redacted 3] Balaski MASD Admnstr 7/12/2016 Tues 10:24:30 a.m. 0:00 [redacted 3] Balaski MASD Admnstr [redacted 2] Scappe MASD BMbr 7/12/2016 Tues 10:24:37 a.m. 0:00 [redacted 3] Balaski MASD Admnstr [redacted 2] Scappe MASD BMbr 7/12/2016 Tues 10:24:39 a.m. 0:03 * [redacted 3] Balaski MASD Admnstr [redacted 21 Scappe MASD BMbr 7/12/2016 Tues 10:52:59 a.m. 0:27 [redacted 3] Balaski MASD Admnstr [redacted 2] Scappe MASD BMbr 7/1212016 Tues 11:18:39 a.m. 0:52 [redacted 2] Scappe MASD BMbr [redacted 5] Testa MASD BMbr 7/12/2016 Tues 7:56 p.m. 1:00 [redacted 6] Kaszer BSD BMbr [redacted 5] Testa MASD BMbr 7/12/2016 Tues 7:58 p.m. 32:00 [redacted 6] Kaszer BSD BMbr [redacted 51 Testa MASD BMbr 7/12/2016 Tues 8:31:52 p.m. 7:16 [redacted 51 Testa MASD BMbr [redacted 2] Scappe MASD BMbr 7/21/2016 Thurs 5:23 A9 p.m. 0:05 [redacted 31 Balaski MASD Admnstr [redacted 4] Anderson BSD Admnstr 7/21/2016 Thurs 5:23:59 p.m. 5:11 [redacted 4] Anderson BSD Admnstr [redacted 31 Balaski MASD Admnstr 7/21/2016 Thurs 6:07:26 p.m. 5:06 [redacted 3] Balaski MASD Admnstr [redacted 2] Scappe MASD BMbr * Indicates the call went to voicemail Key Barry redacted 21 Mark Scappe rredacted 31 Balaski redacted 41 Amy Anderson [redacted 51 Jerry Testa [redacted 61 Mary Kaszer a. Balaski was the MASD High School Principal in 2016 and is currently the MASD Superintendent. 1. He maintained cellular telephone number [redacted 3] with AT&T during this time. b. Scappe, a Moon Board Member, maintained cellular telephone number [redacted 2] with AT&T at that time. C. Kaszer was a Member of the Blackhawk Board from December 2015 until November 2017. 1. Kaszer maintained cellular telephone number [redacted 6] with Verizon Wireless at that time. Poste ac, 20-023 Pag� 2. While serving on the Blackhawk Board, Kaszer was a Member of the Personnel Committee. d. Testa has been a Member of the Moon Board since December 2009. Testa used cellular telephone number [redacted 5] with Verizon. e. Anderson has been the BSD Highland Middle School Principal since at least the 2015-2016 school year. 1. Anderson used cellular telephone number [redacted 4] with Verizon Wireless at that time. 24. The primary purpose of those calls was to arrange for Vincent Scappe to be hired by BSD. a. At this time Vincent Scappe was unemployed as his position with Montour School District had been eliminated. 25. Scappe called MASD Principal Balaski on July 11, 2016, to solicit Balaski to contact BSD Principal Anderson to arrange for his son to be interviewed at BSD and to recommend him for the position. a. Balaski previously worked at BSD with Anderson and has remained friends with her. b. Balaski and Scappe's cellular phone records confirmed multiple attempts by Balaski to Scappe on July 12, 2016, at 10:24:30 a.m., 10:24:37 a.m., and 10.24:39 a.m. 1. The records reflect the call at 10:24:39 a.m. went to Scappe's voicemail. C. Balaski also called Scappe on July 12, 2016, at 10:52:59 a.m., with the call lasting for approximately 27 seconds. 26. Also on July 11 and 12, 2016, Scappe engaged in multiple telephone calls with Moon Board Member Testa. a. Scappe contacted Testa to inquire if Testa knew anyone at BSD to which Testa replied that he knew Blackhawk Board Member Kaszer. b. Scappe informed Testa that his son, Vincent Scappe, had applied for a position at BSD. C. Scappe asked Testa to call Kaszer and put in a good word for Vincent Scappe. P.os�tepac, 20-023 Page 10 d. Testa had two calls with Kaszer on July 12, 2016. e. Testa emailed Kaszer on July 12, 2016, at 7:36:07 p.m., stating that he got a new phone and lost his contacts and asked her to call his cell phone ([redacted 5]) to talk on a couple of issues. 1. Testa and Kaszer have been longtime friends and may speak by telephone once every couple of years. f. Cellular telephone records confirm the following exchanges among Scappe, Testa, and Kaszer: Week Elapsed Call Date Day Time Time Initiating # CalIer End # Recipient 7/11/2016 Mon 2:23:16 p.m. 0:05 [redacted 2] Scappe MASD BMbr [redacted 51 Testa MASD BMbr 7/11/2016 Mon 2:41:14 p.m. 4:52 [redacted 5] Testa MASD BMbr [redacted 2] Scappe MASD BMbr 7/12/2016 Tues 9:01:33 a.m. 9:15 [redacted 5] Testa MASD BMbr [redacted 21 Scappe MASD BMbr 7/12/2016 Tues 11:18:39a.m. 0:52 [redacted 2] Scappe MASD BMbr [redacted 5] Testa MASD BMbr 7/12/2016 Tues 4:13:52 p.m. 0:33 [redacted 2] Scappe MASD BMbr [redacted 5] Testa MASD BMbr 7/12/2016 Tues 7:56 p.m. 1:00 [redacted 6] Kaszer BSD BMbr [redacted 5] Testa MASD BMbr 7/12/2016 Tues 7:58 p.m. 32:00 [redacted 6] Kaszer BSD BMbr [redacted 5] Testa MASD BMbr 7/12/2016 "Tues 8:31:52 p.m. 7:16 [redacted 5] Testa MASD BMbr [redacted 2] Scappe MASD BMbr 27. Approximately 20 minutes after receiving Moon Board Member Testa's July 12t" email, Blackhawlc Board Member Kaszer called Testa. a. During the 32 minute phone call the following occurred: • Testa told Kaszer he knew Vincent Scappe had applied for a position at BSD. • Testa advised Kaszer that Vincent Scappe was the son of another Moon Board Member and asked if Vincent Scappe was being interviewed for the open position at BSD. Testa asked Kaszer to put in a good word for Vincent Scappe. • Kaszer told Testa she would look into it. 28. Within three minutes of ending his call with Blackhawk Board Member Kaszer, Moon Board Member Testa engaged in an eight minute call with Scappe's cellular telephone beginning at 8:31 p.m. on July 12, 2016. 29. From 8:45 p.m. to 8:55:36 p.m. on July 12, 2016, Scappe made nine attempts to call Vincent Scappe's cellular telephone. Poste ae, 20-023 Pag� a. Scappe finally contacted Vincent Scappe at 8:55:36 p.m. on July 12, 2016. b. Cellular phone records confirm the following: Week Elapsed Call Date Day Time Time Initiating # Caller End # Recipient 7/12/2016 Tues 8:45:00 p.m. 0:02 [redacted 2] Scappe [redacted 1] V Scappe 7/12/2016 Tues 8:45:08 p.m. 0:02 [redacted 2] Scappe [redacted 11 V Scappe 7/12/2016 Tues 8:46:31 p.m. 0:02 [redacted 2] Scappe [redacted 11 V Scappe 7/12/2016 Tues 8:47:10 p.m. 0:00 [redacted 21 Scappe [redacted 1] V Scappe 7/12/2016 Tues 8:47.21 p.m. 0:04 [redacted 2] Scappe [redacted 11 V Scappe 7/12/2016 Tues 8:47:43 p.m. 0:02 [redacted 21 Scappe [redacted 1 ] V Scappe 7/12/2016 Tues 8:48:13 p.m. 0:04 [redacted 2] Scappe [redacted 1 ] V Scappe 7/12/2016 Tues 8:48:25 p.m. 0:02 [redacted 2] Scappe [redacted 1] V Scappe 7/12/2016 Tues 8:49:01 p.m. 0:02 [redacted 21 Scappe [redacted 1] V Scappe 7/12/2016 Tues 8:55:36 p.m. 2:03 [redacted21 Scappe [redacted 1] V Scappe 30, On July 21, 2016, at approximately 2:48:00 p.m., MASD Principal Balaski initiated a 29.28 minute contact with Moon Board Member Testa. a. Balaski told Testa that Scappe asked if he knew the hiring principal at BSD. b. Balaski also told Testa. that Scappe asked Balaski to reach out to the hiring principal to get Scappe's son, Vincent Scappe, an interview for a physical education position. C. Testa confirmed to Commission Investigators that Scappe admitted to him that he (Scappe) had reached out to Balaski to ask Balaski to contact the hiring principal for purposes of getting Vincent Scappe an interview. 31. On July 21, 2016, MASD Principal Balaski initiated a five second call to BSD Principal Anderson at 5:23:09 p.m. a. Anderson returned Baiaski's call 50 seconds later and engaged in a phone call lasting approximately 5:11 minutes. b. During the telephone call with Anderson, Balaski told her someone he knew was asking if their son, Vincent Scappe, could get an interview at BSD. C. Balaski stated that he was not recommending Vincent Scappe nor was he asking Anderson to hire trim. d. Anderson implied to Balaski that she was willing to give Vincent Scappe an interview. 32. Within 30 minutes of concluding his call with BSD Principal Anderson, MASD Principal Balaski placed a call to Scappe's cellular telephone at 6:07:26 p.m. Postupac, 20-023 Page 12 a. The call was 5:06 minutes in duration. b. Balaski informed Scappe that Vincent Scappe would most likely get an interview, but Balaski could not promise Scappe anything. 33. Three days after BSD officials were contacted by Moon Board Members on Scappe's behalf, Postupac sent an email to the Blackhawk Board Members on July 24, 2016, at 3:21 p.m. a. The email updated the Blackhawk Board Members on the physical education teaching position open at Highland Middle School, stating 13 applicants were selected for the first -round interview on July 26 and the second -round interview would be on July 28, during which the applicants would also teach a 15 minute lesson. This was the same position being sought by Scappe for his son. b. Blackhawk Board Member Kaszer replied to Postupac's email, asking if Vincent Scappe was included in the first round of interviews and further stating she had received a reference for Vincent Scappe from two individuals. Postupac forwarded Kaszer's email to BSD Principal Anderson who replied to Postupac that Vincent Scappe was in the first round of interviews. 2. Kaszer later advised Moon Board Member Testa that Vincent Scappe would be interviewed. 34. The BSD interview schedule confirms that Vincent Scappe had a first -round interview for the BSD health and physical education position on July 26, 2016, from approximately 10:30 a.m. to 11:00 a.m. The interview of Vincent Scappe for the health and physical education position included BSD administrators Anderson, Rick Ford ("Ford"), Marianne LeDonne ("LeDonne"), Scott Nelson ("Nelson"), and Postupac. 1. It was Postupac's practice to participate in the hiring process, including all three interview rounds relative to the hiring of teachers if his schedule permitted it. 35. On July 26, 2016, at 10:17 p.m., BSD Principal Anderson sent an email to Postupac and BSD administrators Nelson, LeDonne, Ford, Delmonico, Mike Arbogast, and Bryan Vitali, providing the list of second -round candidates, the interview schedule for July 28, 2016, and the topic for the lesson the candidates would teach in round two. a. Vincent Scappe was not a candidate for the second round of interviews. Pos�tu a_.c, 20-023 Page 13 36. Sometime after the first -round interview, Scappe told MASD Principal Balaslci that Vincent Scappe did not get a second -round interview, and he asked Balaslci to tell his friend, BSD Principal Anderson, to hire him. a. Balaski refused Scappe's request. 37. On July 28, 2016, BSD conducted five second -round interviews plus two additional first - round interviews for the open health and physical education position. a. Vincent Scappe was not among the candidates interviewed. 38, On July 29, 2016, at 9:47:01 a.m., BSD Principal Anderson emailed her secretary, Shawn Weyand ("Weyand"), the rejection letters to send to the first -round candidates who were not chosen for the second round of interviews. a. Vincent Scappe was among those not chosen for the second round of interviews and was to receive a rejection letter. b. On July 29, 2016, at 10:07:00 a.m., Weyand emailed Delmonico, Postupac's secretary, requesting addresses for the candidates listed in her email, which included Vincent Scappe, so that rejection letters could be sent to the unsuccessful candidates. C. Delmonico replied on August 1, 2016, at 9:57:59 a.m, and 10:26:30 a.m., with the requested addresses, including the address for Vincent Scappe. 39. On July 29, 2016, at 10:31 a.m., BSD Principal Anderson emailed Delmonico an attachment detailing the interview time slots and candidates for all three interview rounds, along with the questions asked in the first and second rounds. a. The purpose of this communication was to serve as a record documenting the hiring process. b. Vincent Scappe's name appeared on the interview schedule only for the first round of interviews, which confirmed that he was no longer being considered for the vacant BSD position. 40. On July 29, 20t6, at 3:47 p.m., BSD Principal Anderson emailed the third -round interview schedule to the interview team, which included Postupac, LeDonne, Ford, and Blackhawk Board Personnel Committee members Kathy Helsing ("Helsing"), Kaszer, and Bonnie Gochring. a. The three scheduled interviews were in 30-minute increments with the first interview staving at 5:00 p.m. Poste ae, 20-023 Page 4_... b. Vincent Scappe's name was not on this schedule for the third round of interviews. 41. Between July 28, 2016, and July 29, 2016, after BSD finished conducting the second round of interviews, Scappe contacted Perry Pander ("Pander"), Blackhawk Board President, to solicit additional support for the hiring of his son. a. Pander served on the Blackhawk Board from December 2013 through November 2017 and was Blackhawk Board President from December 2015 to November 2017. b. Pander maintained cellular telephone number [redacted 7] with Verizon Wireless at that time. C. Scappe called Pander on July 28, 2016, and July 29, 2016. Pander returned Scappe's calls on July 29, 2016. d. At the time of Scappe's solicitation of Pander, Scappe had been unsuccessful in guaranteeing that his son would be hired by BSD. 42. Scappe's cellular phone records confirm calls to and received from Blackhawk Board President Pander between July 28 and 29, 2016, as detailed below: Week Elapsed Call Date Da v Time Time Initiating # Caller End P Recipient 7/28/2016 Thurs 1:54:12 p.m. 0:43 [redacted 21 Scappe [redacted 7] Pander 7/29/2016 Fri 11:51:35 a.m. 0:49 [redacted 2] Scappe [redacted 7] Pander 7/29/2016 Fri 1:17:08 p.m. 7:49 [redacted 71 Pander [redacted 2] Scappe 43. On the July 29, 2016, phone call, Scappe advised Blackhawk Board President Pander that he was a Moon Board Member and was trying to get his child a job at BSD. a. Scappe did not know Pander personally before this call. b. When Pander told Scappe that the best he could do was to try to get Scappe's son an interview, Scappe persisted, telling Pander: you are the president of the Board, you can get him hired. 1. This phone call lasted over seven minutes due to what Pander described to Commission Investigators as Scappe's persistence that Pander had the ability as Blackhawk Board President to get Scappe's son hired as a BSD teacher. c. Pander was unaware at that time that Scappe's son, Vincent Scappe, had been interviewed on July 26, 2016, and was not being further considered for a position with BSD. Postupac, 20-023 Page 44. Blackhawk Board President Pander met with Postupac on August 1, 2016, in the BSD Central Office and informed Postupac about the telephone call he received from a Moon Board Member inquiring if his son could get an interview at BSD. a. Postupac gave Pander the impression that he seemed to know who the Moon Board Member's child was even though Pander did not provide a name to Postupac. b. Postupac told Pander the following: I will do better than that, if he hires my daughter, and I mean full-time, I'll get his son a job. 45. Helsing was a Blackhawk Board Member and a member of the Personnel Committee during August 2016. a. Helsing informed Commission Investigators that after the second round of interviews, Postupac told the Personnel Committee that they were going to bring Vincent Scappe back one more time, even though Vincent Scappe had been eliminated from consideration after the first round and was not included as pact: of the second round of interviews. b. No member of the Personnel Committee requested for Vincent Scappe to be re - interviewed after he was eliminated from consideration after the first round. C. On two separate occasions, Helsing heard Postupac state that BSD would hire Vincent Scappe if MASD hired his daughter. 1. Postupac told Helsing that if MASD hires his daughter at its next Moon Board meeting, BSD would then hire Vincent Scappe at its next Blackhawk Board meeting. 2. Postupac told Helsing that he would give Vincent Scappe a permanent job if "they" hire his daughter. d. Helsing was aware that Postupac's daughter was looking for a job and had an interview at MASD at the time of Postupac's comments. 1. Helsing believed other members of the Personnel Committee were also aware of Postupac's daughter's job prospects with MASD. C. Helsing was aware that the Personnel Committee would be helping Postupac's daughter get a job at MASD by interviewing and recommending Vincent Scappe for a position with BSD. £ Helsing believed at least two of the other applicants were stronger candidates than Vincent Scappe. Postupac, 20-023 Page 16 46. At or about the same time that Postupac informed the BSD Personnel Committee that Vincent Scappe would be brought in for an additional interview, Scappe was taking actions to effectuate the hiring of Postupac's daughter by MASD. a. Postupac directed the interviewing of Vincent Scappe, knowing that his official action would influence the official action of Scappe to secure employment of Postupac's daughter, Jeanna Postupac, with MASD. b. Postupac's actions occurred one day after Scappe directed the hiring of Postupac's daughter by MASD. 1. Jeanna Postupac had applied for a position with MASD on the evening of August 1, 2016. 47. Jeanna Postupac is the daughter and immediate family member of Postupac. a. Jeanna Postupac was seeking a teaching position at that time in 2016. 48. At Postupae's direction, on August 2, 2016, BSD Principal Anderson called Vincent Scappe's cellular telephone and told him to come to BSD's administrative office the next evening (August 3rd) for another interview for the open physical education position and to be prepared to teach a lesson on nutrition. a. As a building principal, Anderson was directly supervised by Postupac. b. Anderson also told Vincent Scappe to ignore the rejection letter he was getting from BSD. 49. Postupac's cellular phone records confirm the following interactions between Postupac and BSD Principal Anderson on August 2, 2016: Call Elapsed Date Time Time Initiating # Caller End # Recipient 8/2/2016 7:33:45 a.m. 0:30 [redacted 81 Postupac [redacted 4] Anderson 8/2/2016 8:03:23 a.m. 0:07* [redacted 41 Anderson [redacted 8] Postupac 8/2/2016 8:14:54 a.m. 7:45 [redacted 4] Anderson [redacted 8] Postupac * Indicates call went to voicemail 50. Postupac has maintained a personal cellular telephone number of [redacted 81 through AT&T since at least 2005. 51. Vincent Scappe's cellular phone records confirm the following exchanges between Highland Middle School and Vincent Scappe following Postupac's direction to BSD Principal Anderson to schedule Vincent Scappe for an interview. Call Elapsed Date Time Time Initiating # Caller End # Recipient P_o_s_t_ilpa_c, 20-023 Page 17 8/2/2016 8:26 a.m. 4 724.843.1700 BSD Highland MS [redacted 11 V Scappe 8/2/2016 8:30 a.m. 2 [redacted 1] V Scappe [redacted 2] Scappe a. Anderson's work number is 724.843.1700, the number for Highland Middle School. 52. On August 3, 2016, at 1:22:59 p.m., Delmonico, Postupac's secretary, created an internal job posting which was circulated in an email to "All District Staff." a. A memo from Postupac was attached with an anticipated posting for a teacher --- Health and Physical Education — K-12. b. Anyone interested was to respond to Delmonico via email by 3:00 p.m. on August 9, 2016. C. According to the BEA contract, if BSD was going to move a Physical Education teacher from one building to another, the vacancy was to be posted internally for five days before hiring any of the three finalists. 53. On August 3, 2016, Postupac and the BSD interview team for round three interviewed the three candidates who were originally scheduled for the third round (Courtney Frengel ("Frengel"), Britany Kwolek ("Kwolek"), and Sonya Brown) as well as Vincent Scappe. a. Vincent Scappe was interviewed one day after receipt of a call from BSD Principal Anderson. l . Vincent Scappe was included in the third round of interviews only as a result of actions by Postupac in his official capacity as BSD Superintendent. 2. In or about the timeframe that Postupac arranged for the interview of Vincent Scappe, Scappe, in his capacity as a Moon Board Member, directed the hiring ofPostupac's daughter by MASD. b. Vincent Scappe was required to teach a lesson on nutrition because he was not chosen for a second -round interview. 1. All second -round applicants were required to teach a lesson. 2. Vincent Scappe taught a lesson about the Food Pyramid, an outdated program no longer being taught. C. Ford voiced a concern about hiring Vincent Scappe due to the fact that Vincent Scappe taught outdated material at his interview. Ford did not comment on the method in which Vincent Scappe taught the lesson. Postupac, 20-023 Page 18 54. Moon Board Member Testa called Blackhawk Board Member Kaszer on August 3, 2016, at 9:29 p.m., following Vincent Scappe's interview and spoke with Kaszer for 25 minutes. 55. On August 4, 2016, Scappe placed seven calls to Postupac's cellular telephone number. a. The seventh call at 3:49 p.m. resulted in a nearly ten-minute conversation. 56. When BSD Principal Anderson speaks with candidates, either during interviews or when she contacts them for the next round of interviews, each candidate is advised to be certain BSD is provided with updated clearances. a. On August 5 and 6, 2016, using her cellular phone, Anderson contacted the four candidates, including Vincent Scappe, who interviewed on August 3`d for the open physical education position. Call Date Week Day Time Elapsed Time Initiating # Caller End # Recipient 8/5/2016 Fri 1:44 .m. 1 redacted 4 Anderson redacted 91 C Fren el 8/5/2016 Fri 1:45 p.m. 3 rredacted 4'1 Anderson redacted 1 V Scappe 8/5/2016 Fri 1:48 p.m. 1 redacted 41 Anderson redacted 91 C Fren el 8/5/2016 Fri 2:13 p.m. 4 redacted 41 Anderson redacted 91 C Fren el 8/6/2016 Sat 9:19 a.m. 5 Hredacted 4 Anderson rredacted 101 B Kwolek 8/6/2016 Sat 9:24 a.m. 2 redacted 4 Anderson redacted 11 S Brown 57. Vincent Scappe emailed BSD Principal Anderson on August 5, 2016, and attached his required clearances and Professional Certificate; Frengel, Sonya Brown, and Kwolek emailed Anderson on August 6, 2016, and attached their required clearances and Professional Certificate. a. Anderson forwarded via email all the candidate documents she received from the four candidates to Delmonico on August 8, 2016, between 12:53 p.m. and 12:54 p.m. 58. At Postupac's direction, Delmonico emailed a draft agenda to the Blackhawk Board Members on August 8, 2016, at 3:11:08 p.m., for the August 11, 2016, Blackhawk Board meeting. a. Postupac directed Delmonico to include information which did not identify candidates by name for the position to be filled. b. Pursuant to Postupac's instructions, Delmonico provided an explanation to agenda items 4.6 and 4.7 which did not identify the recommended candidate for the health and physical education position: "The personnel committee has identified potential candidates. At this time Ms. Anderson is checking references and clearances. We never want to publish a name prior to these checks. The names will be added prior to the posting of the agenda for the public." Poste ac, 20-023 Pag e 19 Delmonico typically checks the candidate's clearances to ensure the candidate has the proper updated clearances. 2. Anderson, as the building principal, checks the candidate's references. 59. On August 9, 2016, at 12:43:28 p.m., Delmonico emailed an updated agenda for the August 11, 2016, work session to the Blackhawk Board Members which noted items that had been added to the agenda, including that the Physical Education teacher applicant references had been checked. a. Item 4.11 Personnel Committee noted: "It is recommended to approve Vincent Scappe as Health and Physical Education at a salary of $50,582 plus benefits, Step 19, Bachelors, beginning with the 201647 school year pending clearances." On August 9, 2016, at approximately 7:59 a.m., Postupac called the BSD Central Office number and spoke with someone for almost eight minutes. 2. According to Delmonico, BSD Principal Anderson gave Vincent Scappe's and Frengel's names to her to put on the meeting agenda. b. At the time ofDelmonico's email, it is unclear whether Vincent Scappe's references had been checked and Frengel's references had not been checked. 60. On August 9, 2016, at 3:31 p.m., BSD Principal Anderson emailed Robin Wiltison, Frengel's previous supervisor at Prince George's County Martin Luther King, Jr. Middle School in Beltsville, Maryland, to check Frengel's reference. a. On August 10, 2016, at 8:01 a.m., Anderson received a call from Prince George's County School District (240.988.5490). 61. Vincent Scappe received a telephone call from BSD Highland Middle School (724.843,1700) on August 9, 2016, 4:07 p.m., which lasted approximately ten minutes. a. BSD Principal Anderson contacted Frengel at 4:18 p.m. on August 9, 2016, 62. On August 10, 2016, at 2:20:08 p.m., Delmonico emailed the August 11, 2016, Blackhawk Board meeting agenda to BSD Central Office personnel, administrators, union presidents, principals, and the athletic director. 63. Vincent Scappe and Frengel were hired as Health and Physical Education teachers at the August 11, 2016, Blackhawk Board meeting. a. The minutes for the August 11, 2016, Blackhawk Board meeting confirm the Blackhawk Board voted to hire Vincent Scappe and Frengel, "pending clearances." Pos�tu ac, 20-023 Page 20 b. The Blackhawk Board voted to hire Vincent Scappe and Frengel each at a salary of $50,582 plus benefits, Step 19, Bachelors beginning with the 2016-2017 school year pending clearances. C. Postupac was present at the meeting. d. Vincent Scappe signed his Blackhawk School District Temporary Professional Employee Contract on August 15, 2016. THE INVESTIGATION REVEALED THE FOLLOWING INFORMATION REGARDING THE HIRING OF JEANNA POSTUPAC AS A FULL-TIME GRADE 1 TEACHER AT MASD MCCORMICK ELEMENTARY SCHOOL FOR THE 2017 — 2018 SCHOOL YEAR. 64. MASD is located in Allegheny County, Pennsylvania. 65. MASD is governed by a nine -Member Board. 66. Scappe has been a Member of the Moon Board since December 7, 2015. 67. The Moon Board routinely holds two legislative meetings a month, a regular meeting (aka general business meeting) the second Monday of the month and a workshop meeting the fourth Monday of the month. a. The Moon Board meets in executive session at 6:00 p.m. prior to the start of the monthly Moon Board meeting. b. Special meetings are held as necessary. C. Voting can occur at the regular meeting, workshop meeting, and special meeting after a motion is made and properly seconded. 68. MASD uses BoardDocs to create the agenda for the Moon Board meetings. 69. The meeting agenda and the Moon Board Members' meeting packet are available to the Moon Board Members on BoardDocs. a. The Moon Board meeting agenda goes "active" at the close of business the Friday before the meeting. 1. The Personnel section of the meeting agenda showing the individual personnel items to be voted on by the Moon Board is available in BoardDocs for Moon Board Members to see what they are being asked to vote on at the meeting but is not accessible to the public. Postu ac, 20-023 Page 21 aa. MASD's Human Resources Manager provides the items in the Personnel section of the agenda. 70. A Labor Agreement between MASD and the Moon Education Association PSEA/NEA includes, among other things, procedures for the filling of instructional vacancies in MASD. a. The Labor Agreement was effective from July 1, 2016, until June 30, 2021. b. Those represented by the Moon Education Association PSEA/NEA include, but are not limited to, the Classroom Teachers and Long -Term Substitutes (See Article XXVIII (33)). 71. Article XVI (16) Vacancies and Transfers sets forth the procedure to fill temporary, permanent, administrative, specialist or instructional vacancies in MASD. a. Notice of the vacancy shall be posted by the Personnel Director in every school within MASD, setting forth a description of the qualification for the position, for a period of ten calendar days or five school days, whichever is longer. b. The agreement further provides: "By June 1, unless waived by mutual agreement between the Administration and Association, the Administration will post a listing of all permanent and temporary positions (exclusive of extra duty positions) which are anticipated to be vacant for the next school year." An end of the year bidding will be held at which time those teachers who wish to bid and those teachers who have been displaced may bid on positions based on certification and seniority as defined in Article XXVIII (28) Definitions. "An end of the year bidding will be held following the one-half (1 /2) clerical day at the end of the school year starting at twelve fifteen (12:15 p.m.), at which time those teachers who wish to bid and those teachers who have been displaced may bid on positions based on certification and seniority as defined in Article XXVIII (28)." aa. For the 2016-2017 school year Moon Education Association agreed to hold the bidding meeting on Wednesday, May 31, 2017, at 4:00 p.m. c. "All positions opened as a result of the bidding shall also be placed in the bidding pool and be available for filling at the bidding meeting. Any position not filled at the conclusion of the annual bidding meeting shall be assigned by the District at its sole discretion for the ensuing year, provided that in the event that the District hires a substitute teacher, such substitute hiring shall be of limited duration in accordance with applicable 20 regulations. Positions not made available during and filled following the annual bidding meeting shall be placed in the next bidding pool." P.....oss._tu_pac, 20-023 Page 22 d. "Any non -bargaining unit School District employee that becomes a teacher as identified in Article II will not be eligible to bid until he/she serves an additional three (3) full school years as a temporary professional or professional employee with the District." 72. Long-term (permanent) substitutes (Article XXXIII (33)) are defined in the Labor Agreement as "professional employees employed by the Moon Area School District for a semester or more (ninety days (90) or more) who replace a teacher on a sabbatical leave, leave as defined in Article XIX (19) Leaves of Absence, or other approved leaves of absence and who have an expectancy of continued employment." a. Specific provisions of the Labor Agreement are applicable to long-term (permanent) substitutes but Article XVI (16) Vacancies and Transfers is not applicable to long-term (permanent) substitutes. 73. MASD began using the Applicant Tracking (formerly known as Applitrack) system to post vacant positions within MASD beginning with the 2015-2016 school year. a. Applicant Tracking, a Frontline Education software system, is a comprehensive system for recruiting and hiring in education. b. Each posting for a vacant position is given its own Job Identification number (Job ID #). Postings for open teaching positions provide a position description, the grade, the specific building, whether the position is a full-time position or a long-term substitute, permanent or temporary, and the deadline to submit applications. d. Applicant Tracking records the date and time when an applicant logs into the system, when the applicant initiates the application, when the applicant uploads documents into the system, and when the applicant submits the application. The application is considered fully submitted when the applicant uploads all the documents and answers all the questions required by MASD. 2. Each document is date and time stamped in the system when the document is uploaded into the system. 3. Applicant Tracking records the times as Central Standard Time ("CST"), which is one hour behind Eastern Standard Time ("EST"). e. Through the Applicant Tracking system, MASD can communicate with applicants via email to schedule interviews, request additional documents, etc. 74. Vacant positions at MASD are posted on Applicant Tracking and internal and external individuals wanting to apply do so through Applicant Tracking. Postu ac, 20-023 Page D3 a. In order to be in the pool of applications to be reviewed by the building principal(s), an application should be complete, meaning the applicant has uploaded all the requested documents (clearances, transcripts, rdsumds, etc.) into Applicant Tracking and has answered all the required questions in Applicant Tracking. b. For open teaching positions, once the posting closes on Applicant Tracking, the applications are reviewed by the MASD Human Resources Department to determine if the applicants have the proper qualifications and certification(s) for the position. Once the qualified applicants are identified, their information is made accessible on Applicant Tracking or by hard copy to the interview team to review and score. 75. When hiring teachers, the interview team reviews the qualified applicants identified by the MASD Human Resources Department, scores the qualified applicants, and based on the scores, candidates are identified for the first -round interviews. a. In the first -round interviews, the interview team asks each candidate the same questions, takes notes, scores each candidate, and discusses the candidates. l . Team member score sheets and interview notes are turned in to the MASD Human Resources Department. b. Based on the interview scores, candidates for the next round are identified and brought back for a second -round interview. 1. In the second round, the interview team goes through the same process and a candidate is identified to be forwarded to the MASD Superintendent for recommendation to the Moon Board. aa. Depending on the individual MASD Superintendent, she/he may interview the candidates before forwarding the recommendation to the Moon Board. C. The Moon Board has routinely approved the hiring of whoever appears on the meeting agenda to hire. 76. When hiring long -terra substitutes, MASD posts the position on Applicant Tracking and follows the MASD Human Resources Department process of identifying the qualified candidates for the interview team to review and going through a minimum of one round of interviews. a. The long-term substitute position may not be posted on Applicant Tracking if the individual building principal decides to select a long-term substitute from the prior Post�u ac, 20-023 Page 24 school year who he/she believes performed well and would be a good fit for the building. 1. If there are no prior year long-term substitutes or if the building principal does not want to hire a prior year long-term substitute, then the position is posted on Applicant Tracking. b. Individuals selected for long-term substitute positions are forwarded to the MASD Superintendent for recommendation to the Moon Board. 77. MASD did not post any long-term substitute teaching positions on Applicant Tracking for the 2016-2017 school year. a. In the 2015-2016 school year MASD had at least four long-term substitutes and/or building substitutes in the elementary schools. 78. On July 19, 2016, Julie Moore ("Moore"), Principal of McCormick Elementary School at MASD, emailed then MASD Human Resources Director Bill Addy ("Addy"), asking for a list of MASD's current substitutes to preview an upcoming long-term substitute position. 79. On July 25, 2016, MASD Human Resources Director Addy forwarded a list to MASD Principal Moore of the 2015-2016 school year long-term substitutes/building substitutes. 80. On July 28, 2016, MASD Principal Moore asked MASD Human Resources Director Addy for Misty Bennett's telephone number so she could call her to meet with her the next day. a. Misty Bennett ("Bennett") had been a long-term substitute at MASD during the 2015-2016 school year. 81. On July 29, 2016, MASD Principal Moore contacted Bennett regarding Bennett's possible interest in a long-term substitute position in first or third grade at McCormick Elementary School for the 2016-2017 school year. a. Based on Bennett's previous performance as a long-term substitute during the 2015-2016 school year, Moore believed her to be the best fit. 82. MASD Principal Moore emailed MASD Human Resources Director Addy on Monday, August 1, 2016, at 3:49 p.m., advising of the need to talk about the long-term substitute position. a. As of August 1, 2016, Moore still needed a teacher to fill a long-term substitute position for the upcoming school year. 83. Jeanna Postupac electronically submitted an application to MASD for Job ID #216 "Substitute at District Wide" via Applicant Tracking, which was date and time stamped August 1, 2016, 10:30 p.m. CST (11:30 p.m. EST) by Applicant Tracking. Poste a_c,, 20-023 Page 2S a. Jeanna Postupac uploaded into Applicant Tracking her unofficial college transcript which was date and time stamped August 1, 2016, between 10:13 p.m. and 11:29 p.m. (EST), b. Jeanna Postupac's application was submitted on the same day her father, Postupac told Blackhawk Board President Pander that if he (Moon Board Member Scappe) hires his daughter "I'll get his son a job." 94. Jeanna Postupac's application reflected she graduated from Geneva College in May 2016. a. Jeanna Postupac had limited teaching experience, having only worked as a day-to- day substitute at WBCSD for fourteen days in May 2016. b. Postupac was the Superintendent of WBCSD during the 2015-2016 school year when Jeanna Postupac was employed as a day-to-day substitute. C. WBCSD used Kelly Services for its day-to-day substitutes. Jeanna Postupac was not retained by Kelly Services. 2. Jeanna Postupac was never formally approved by the WBCSD School Board as a day-to-day substitute. d. Jeanna Postupac had no prior long-term substitute experience when she submitted an application for Job ID #216 Substitute at District Wide. C. Jeanna Postupac was not employed in any professional teaching capacity at the time she submitted her application to MASD. 85. In or about late July 2016 when MASD administrators were considering filling long-term substitute positions, Scappe was attempting to secure a teaching position for his son, Vincent Scappe, with BSD. a. Vincent Scappe did not have a full-time teaching position in July 2016. 86. In or about this timeframe, Scappe went to the office of MASD Acting Superintendent Dr. Donna Milanovich ("Milanovich") and directed her to hire Jeanna Postupac as a teacher with MASD. a. At the time that Scappe directed MASD Acting Superintendent Milanovich to hire Jeanna Postupac, the only opening in MASD was the long-term substitute position at McCormick Elementary School. Milanovich agreed to hire Jeanna Postupac for that position. Postume, 20-023 Page 26 b. Milanovich, based on prior interactions with Scappe, believed she had no choice but to find a job for Jeanna Postupac. 87. Scappe directed the hiring of Jeanna Postupac with the understanding that Postupac's actions as the Superintendent of BSD would be influenced such that Vincent Scappe would be hired as a teacher with BSD. 88. After being directed by Scappe, MASD Acting Superintendent Milanovich informed MASD Human Resources Director Addy that Scappe gave her a directive to hire Jeanna Postupac. a. As a result of Scappe's direction, Milanovich and Addy both understood they had to find a spot for Jeanna Postupac. 89. After Scappe directed MASD Acting Superintendent Milanovich to hire Jeanna Postupac, BSD Principal Anderson scheduled an interview of Vincent Scappe. a. The only BSD administrator who had the authority to direct Anderson to interview Vincent Scappe was Postupac. b. This occurred even though BSD's Personnel Committee determined that Vincent Scappe would not advance to the second round of interviews. 90. MASD Principal Moore advised MASD Human Resources Director Addy via email on August 3, 2016, at 9:09:07 a.m., that she was considering Bennett and Brenda Hall ("Hall") for long-term substitute positions at MASD. a. Moore's email to Addy on August 3, 2016, at 2:27:43 p.m., stated her thoughts of putting Bennett as a long-term substitute Grade 1 (position to be determined) and Hall as a long-term substitute Grade 3 at McCormick Elementary School. 91. On August 3, 2016, while Postupac was manipulating the hiring of Vincent Scappe by BSD, MASD Principal Moore recommended Bennett and Hall for the open long-term substitute positions in her building. a. On Thursday, August 4, 2016, at 3:10 p.m., Moore sent an email to Joe Johnson, Hyde Elementary School, MASD stating "Bill Addy called ... we are interviewing at 1:30pm." 92. Jeanna Postupac's phone records confirm she received two telephone calls from MASD on Thursday, August 4, 2016: Elapsed Call Date Time Time Initiatina # Caller End # Reciaient 8/4/2016 2:56 p.m. 2 412.264.9440 MASD [redacted 12] Jeanna Postupac 8/4/2016 3:15 p.m. 2 412.264.9440 MASD [redacted 121 Jeanna Postupac POStU ac, 20-023 Page7 a. Jeanna Postupac maintained cellular telephone number [redacted 12] through Verizon Wireless during this time. 93. MASD Acting Superintendent Milanovich called MASD Principal Moore and told Moore she (Milanovich) had a Moon Board request she had to fill. 94. On August 5, 2016, MASD Principal Moore arrived at the MASD Central Office expecting to interview Bennett and/or Hall, but only Jeanna Postupac was present for an interview. a. Neither Bennett nor Hall were ever interviewed even though they both had more experience. 95. On Friday, August 5, 2016, at 2:05:30 p.m., Brown sent an email to MASD Human Resources Director Addy asking him to reach out to Jeanna Postupac and offer her the position of Long Term Substitute Teacher at McCormick Elementary School for the 2016- 2017 school year. a. Jeanna Postupac's phone records confirm receipt of a three -minute telephone call on August 5, 2016, at 3:59 p.m., from [redacted 131. Addy maintained cellular telephone number [redacted 13] at this time. 96. On Friday, August 5, 2016, at approximately 3:00 p.m., the agenda for the Monday, August 8, 2016, Moon Board meeting was posted. a. Brown notified the Moon Board Members via email of the meeting. 97. On August 5, 2016, at 3:59 p.m., MASD Human Resources Director Addy engaged in a three minute call with Jeanna Postupac to advise of the upcoming August 81" Moon Board meeting. 98. From August 2°d through 5`I' a total of sixteen contacts or attempted phone contacts were initiated between Scappe, Postupac, Moon Board Member Testa, and BSD and MASD administrators involved in the hiring of Jeanna Postupac and Vincent Scappe as shown below: Week Elapsed Ca11 Tate nav Time Time Initiating # Caller End # Recipient 8/2/2016 Tues 8:14:54 a.m. 7:45 redacted 4 Anderson redacted 81 Postupac 8/2/2016 Tues 8:26 a.m. 4:00 724.843.1700 BSD Highland redacted 1 Vincent Scappe 8/2/2016 Tues 8:46:19 a.m. 1:42 redacted 2 Scappe rredacted 5 Testa 8/3/2016 Wed 9:39 p.m. 25 redacted 5]__ Testa redacted 6 Kaszer 8/4/2016 Thurs 12:16:07 p,m. 0:34* rredacted 2 Scappe Fredacted 141 Milanovich 8/4/2016 Thurs 3:45:50 .m. 0:31 * redacted 2 Scappe redacted 8 Postupac 8/4/2016 Thurs 3:47:00 p.m. 0:03* Fredacted 21 Scappe redacted 8 Postupac Pos�tu a__c, 20-023 Page 28 8/4/2016 1 Thurs 3:47:15 p.m. 0:03* f redacted 2 Scappe redacted 8 Postu ac 8/4/2016 Thurs 3:47:46 p.m. 0:03* redacted 2 Scappe redacted 8 Postupac 8/4/2016 Thurs 3:47:57 p.m. 0:01 * redacted 2I Scappe fredacted 8 Postupac 8/4/2016 Thurs 3:48:11 p.m. 0:04* redacted 21 Scappe redacted 8 Postupac 8/4/2016 Thurs 3:48:44 p.m. 0:05* JEedacted 2 Scappe redacted 15 Weiss 8/4/2016 Thurs 3:49:08 p.m. 9:56 Fredacted 2 Scappe redacted 8 Postupac 8/4/2016 Thurs 4:18:01 p.m. 0:00* rredacted 8 Postu ac Fredacted 21 Scappe 8/5/2016 Fri 1:45 p.m. 3:00 redacted 4 Anderson redacted 1 Vincent Sca e 8/5/2016 Fri 1 3:59 p.m. 3:00 redacted 131 1 Addyredacted 12 Jeanna Postupac *Indicates call went to voicemail a. MASD Acting Superintendent Milanovich maintained cellular telephone number [redacted 14] through AT&T during this time. b. Of the sixteen contact attempts, Scappe initiated ten, seven of which were attempts to contact Postupac. C. Postupac and Scappe's cellular phone records confirm the first call between them was a call initiated by Scappe on August 4, 2016, at 3:45 p.m., the day Jeanna Postupac was interviewed by MASD and the day after Vincent Scappe was to be interviewed by BSD. d. Scappe's cellular records show on August 4, 2016, he made seven calls to Postupac between 3:45:50 p.m. and 3:48:44 p.m., with the calls lasting between approximately 31 seconds and three seconds. 1. The first six calls went to voicemail. Scappe called Postupac at 3:49:08 p.m., and the call lasted approximately 9:56. f. Scappe and Postupac's cellular phone records show no cellular telephone calls between them from January 1, 2015, until August 4, 2016. 99. At the August 8, 2016, Moon Board meeting, Scappe made the motion and voted to approve all of the personnel items on the meeting agenda. a. The hiring of Jeanna Postupac to the position of Third Grade (ELA) Long -Term substitute teacher at McCormick Elementary School for the 2016-2017 school year was included within the August 8, 2016, personnel agenda. 100. The August 8, 2016, Moon Board meeting started at approximately 7:00 p.m. and ended at approximately 7:55 p.m., but the audio and video recording of the meeting reflect the meeting ended at approximately 7:50 p.m. and was approximately 48:58 minutes in duration. Postu ac, 20-023 Page a. Three minutes after the Moon Board meeting concluded on August S, 2016, Scappe texted Postupac at 7:53:08 p.m. 1. Scappe and Postupac's cellular phone records confirm this was the only text message between the two during the period of January 1, 2014, through March 29, 2021. b. Postupac initiated a phone call to his daughter Jeanna Postupac at 8:42:26 p.m. on August 8, 2016. 101, Jeanna Postupac met with MASD Human Resources Director Addy at his office on August 12, 2016. a. On August 12, 2016, Addy completed the Moon Area Schools New Employee Information which included Jeanna Postupac's personal and professional information, reviewed her benefits, and then both Jeanna Postupac and Addy signed and dated the form August 12, 2016. b. Jeanna Postupac's phone records confirm the following calls she initiated with MASD following the Moon Board vote to hire her. Elapsed Call Date Time Time Initiating # Caller End # Recipient 8/11/2016 2:41 p.m. 5 [redacted 121 Jeanna Postupac 412.264,9440 MASD 8/16/2016 9:28 a.m. 2 [redacted 12] Jeanna Postupac 412.264,9440 MASD 102. After Jeanna Postupac's hiring as a long-term substitute teacher at MASD on August 8, 2016, and Vincent Scappe's hiring as a permanent teacher at BSD on August 11, 2016, Postupac and Scappe maintained telephone contact in the months leading up to the end of the 2016-2017 school year as shown in the chart below: Call Date 12/8/2016 12/8/2016 12/12/2016 2/17/2017 2/23/2017 3/24/2017 4/18/2017 5/19/2017 5/26/2017 5/31/2017 6/1/2017 6/8/2017 Time 19:58:03 21:06:04 18:19:41 18:31:10 18:12:47 16.17:05 19:31:25 7:21:57 13:05:33 18:36:58 17:18:26 13:54:02 Elapsed Time 5:16 7:06 3:04 7:3 3 21:25 7:49 9:29 14:14 7:03 1:51 1:31 0:27 OriEinatinj! Number [redacted 81 Postupac [redacted 21 Scappe [redacted 21 Scappe [redacted 81 Postupac [redacted 8] Postupac [redacted 8] Postupac [redacted 8] Postupac [redacted 8] Postupac [redacted 8] Postupac [redacted 2] Scappe [redacted 8] Postupac [redacted 8] Postupac Terminating Number [redacted 2] Scappe [redacted 81 Postupac [redacted 81 Postupac [redacted 21 Scappe [redacted 2] Scappe [redacted 2] Scappe [redacted 2] Scappe [redacted 2] Scappe [redacted 2] Scappe [redacted 81 Postupac [redacted 2] Scappe [redacted 2] Scappe Poste ac, 20-023 Page0 a. From December 2016 until the end of the 2016-2017 school year there were twelve cellular phone calls between Postupac and Scappe. 103. For the 2017-2018 school year, MASD posted the following Elementary School Teaching positions: Job Closing ID# Position Tyge Additional Title Location Date 362 -- Reading Specialist -- 7/15/2017 387 Intermediate 3-4 Elementary Teacher -Grade -Math & Science Allard 8/2/2017 395 -- Elementary Teacher - Grade 3 Bon Meade 8/10/2017 396 Special Education Special Education Teacher Hyde 9/10/2017 405 Intermediate 3-4 Elementary Teacher - Grade 4 Hyde 8/21/2017 NOTE: There were additional postings for Elementary General/Vocal Music Teacher, Elementary Band Director, and Long -Term Substitute Elementary General/Vocal Music Teacher also. a. For the 2017-2018 school year there was no posting for Elementary Teacher — Grade 1 at McCormick Elementary School. 1. The Moon Board, at its May 22, 2017, meeting, accepted Grade 1 McCormick Elementary School teacher Brittany Swisher's ("Swisher") resignation effective the last day of the 2016-2017 school year. 2. Swisher submitted her resignation via email on May 18, 2017, to Amy Finnegan, Human Resources. 104. MASD held its bid meeting for open positions for the 2017-2018 school year on May 31, 2017. a. Due to the resignation of Swisher, an open Grade 1 position at McCormick Elementary School was added. 1. Following the bid meeting this position was filled by Meghan Mastroianni. b. As a result of the movement of teachers due to the bid meeting, another Grade 1 position at McCormick Elementary School became open. 105. Jeanna Postupac, as a long-term substitute teacher in the 2016-2017 school year, was not eligible to bid on any positions at the bid meeting. 106. On June 5, 2017, Brown sent a calendar invite to the four elementary school principals participating in interviews to be held on June 7, 2017, for potential elementary teacher openings or long-term substitute teacher openings for the 2017-2018 school year. 107. On June 7, 2017, at 8:46:44 a.m., Brown emailed an interview schedule to the four participating elementary school principals identifying the six candidates and their interview times. Postuuac, 20-023 Page 31 a. The interviews were to begin at 1:00 p.m. and continue at 30-minute intervals until 4:00 p.m. b. Jeanna Postupac's interview was scheduled for 2:00 p.m. on June 7, 2017. 108. On June 7, 2017, at 11:45:30 a.m., prior to Jeanna Postupac's scheduled 2:00 p.m. interview, Brown emailed MASD Human Resources Director Addy a draft of the personnel agenda for the Monday, June 12, 2017, Moon Board meeting which included an agenda item to approve Jeanna Postupac's hiring to a full-time teaching position. a. Item VI was the approval of elementary teacher Jeanna Postupac "to the position of Grade 1 teacher at McCormick Elementary School for the 2017-2018 school year." b. This agenda item was prepared prior to Jeanna Postupac even being interviewed. 109. On June 7, 2017, beginning at 1:00 p.m., MASD Elementary School Principals Moore, Ashley Beeson, Joseph Johnson, and Lucas Furlow interviewed 2016-2017 school year long-term substitutes Hall, Bennett, and Jeanna Postupac and MASD substitutes Amla Benvin, Abigail DePace, and Alyse Evans in preparation of filling a full-time position due to possible late resignation or retirement. a. Jeanna Postupac called her father at 2:15:59 p.m., but the call went to voicemail. Postupac called Jeanna Postupac at 2:59:49 p.m., and the duration of the call was approximately 4:21 minutes. b. Moore submitted a mileage reimbursement request dated June 23, 2017, for round trip travel from McCormick Elementary School to Central Office "Mr. Addy/Interviews" on June 7, 2017. 110. On June 9, 2017, at 9:18:24 a.m., Brown emailed MASD Human Resources Director Addy asking Addy "Am I adding Jeanna Postupac to the personnel agenda for Monday to be approved as grade 1 teacher at McCormick and if so at what salary and step?" a. On June 9, 2017, at 9:57:13 a.m., Brown sent a draft of the personnel agenda to MASD Human Resources Director Addy, Amy Finnegan, and Acting Superintendent Keith Bielby in which she highlighted Item VI (hiring of Jeanna Postupac) with the salary amount left blank. b. Addy replied to Brown's salary question on June 9, 2017, at 10:24:57 a.m., telling Brown "Step 2 (she gets 1 year credit as a long term sub)." Postupac, 20-023 Page 3�2 1. On June 9, 2017, at 2:45:03, Brown sent Addy the "final" June 12, 2017, personnel agenda which included the hiring of Jeanna Postupac at a bachelor's Step 2, $47,750 salary. 111. On June 1, 2017, and June 8, 2017, during the timeframe when his daughter was being interviewed for a full-time position with MASD, Postupac called Scappe. a. The call on June 8, 2017, was one day after his daughter's interview. 112. Scappe, at the June 12, 2017, Moon Board meeting, made the motion that the Moon Board approve the twenty items listed in the Personnel section of the agenda which included Item VI Approval of Elementary Teacher Jeanna Postupac to the position of Grade 1 teacher at McCormick Elementary School for the 2017-2018 school year at the salary of bachelor's Step 2 $47,570.00. a. On a roll call vote all Members of the Moon Board, including Scappe, voted in favor of the items identified in the Personnel section of the agenda. THE FOLLOWING FINDINGS RELATE TO SCAPPE'S AND POSTUPAC'S USE OF THE BSD SOLICITOR AS A "GO BETWEEN" TO ASSIST WITH THE HIRING OF THEIR CHILDREN FOR POSITIONS WITH BSD AND MASD. 113. Ira Weiss ("Weiss") is an attorney located in Pittsburgh. a. Weiss' firm has served as solicitor for multiple school districts in the greater Pittsburgh area. b. Weiss' firm is currently the Solicitor for BSD and represents MASD in tax assessment appeals and special education matters. 1. Weiss was previously the Solicitor for Moon Township. 114. Weiss is familiar with Scappe from his service in various solicitorships. a. Weiss and Scappe will meet periodically to discuss matters of mutual interest, including the local political scene. b. Weiss and Scappe do not socialize. 115. Weiss is familiar with Postupac from his service as Solicitor for BSD. 116. Weiss maintains the cellular phone numbers of both Scappe and Postupac, among others. a. Weiss would receive calls from and occasionally initiate calls to Scappe and Postupac. Postupac, 20-023 Page 33 117. Weiss' cellular telephone records confirm sporadic contacts with Scappe between January and July 25, 2016. a. The frequency of the calls increased after Vincent Scappe was attempting to secure a teaching position with BSD. b. Between July 26, 2016, and July 31, 2016, thirty-one (31) contacts were made between Scappe and Weiss. 1. Twenty-two (22) of those contacts were initiated by Scappe. 2. These calls occurred after BSD determined that Vincent Scappe would not be considered for a second interview. 118. At or about the time that Vincent Scappe applied for a position with BSD, Scappe informed Weiss that his son had applied for a physical education position with BSD and was scheduled for an interview. 119. After becoming aware that his son had received a rejection letter, Scappe contacted Weiss. a. Scappe informed Weiss that his son did not make the second round of interviews and had received a rejection letter. b. Scappe told Weiss that he was going to call someone about the matter. C. Scappe, knowing Weiss' position as the BSD Solicitor, asked for the phone number of the BSD Superintendent. 1. When providing Postupac's cellular phone number to Scappe, Weiss also provided the cellular phone number of Blackhawk Board President Pander. 2. It is common practice for Weiss to inform school board members and administrators of individuals they can speak to regarding vacant positions and to provide cellular telephone numbers. 120. Scappe initiated calls to Blackhawk Board President Pander on July 28'" and July 29'h and received a 7:49 p.m. return call from Pander on July 29, 2016. 121. Between July 16, 2016, and August 2, 2016, there were sixteen cellular telephone calls and/or text messages between Scappe and Weiss and Weiss and Postupac. a. During the calls, the hiring of Vincent Scappe by BSD and the hiring of Jeanna Postupac by MASD were discussed. b. Both Scappe and Postupac used Weiss as the "go between" to discuss obtaining positions for their respective children. Poste ac, 20-023 Page 14 C. On or about August 2, 2016, Weiss asked both Postupac and Scappe to call each other rather than calling him. d. There were only two calls initiated by Scappe and Postupac involving Weiss after August 2, 2016. 122. The following outlines calls between Scappe and Weiss and Weiss and Postupac between July 31, 2016, and August 2, 2016: Elapsed Call Date Time Time Initiating # Caller End # Recipient 7/31/2016 9:01:12 p.m. 8:23 [redacted 2] Scappe [redacted 151 Weiss 8/1/2016 12:31:02 p.m. TEXT [redacted 2] Scappe [redacted 15] Weiss 8/1/2016 12:31:03 p.m. TEXT [redacted 21 Scappe [redacted 15] Weiss 8/1/2016 8:41:34 p.m. 0:39* [redacted 15] Weiss [redacted 8] Postupac 8/1/2016 8:42:36 p.m. 1:46 [redacted 15] Weiss [redacted 2] Scappe 8/1/2016 8:44:21 p.m. 5:01 [redacted 81 Postupac [redacted 15] Weiss 8/1/2016 8:51:13 p.m. 9:14 [redacted 151 Weiss [redacted 21 Scappe 8/1/2016 9:20:34 p.m. 7:50 [redacted 15] Weiss [redacted 8] Postupac 8/1/2016 9:48:34 p.m. 1:35 [redacted 15] Weiss [redacted 8] Postupac 8/1/2016 9:58:30 p.m. 4:39 [redacted 2] Scappe [redacted 15] Weiss 8/2/2016 7:37:01 a.m. 0:10* [redacted 2] Scappe [redacted 151 Weiss 8/2/2016 8:06:23 a.m. 5:19 [redacted 15] Weiss [redacted 2] Scappe 8/2/2016 1 1:34:25 a.m. 5:33 [redacted 8] Postupac [redacted 15] Weiss 8/2/2016 11:45:29 a.m. 1:22 [redacted 151 Weiss [redacted 2] Scappe 8/2/2016 11:50:42 a.m. 0:06* [redacted 21 Scappe [redacted 15] Weiss 8/2/2016 11:51:44 a.m. 2:10 [redacted 15] Weiss [redacted 21 Scappe *denotes the call was routed to voice mail 123. Scappe attempted six calls to Postupac on August 4, 2016, which all were routed to voicemail. a. Scappe called Weiss to complain that Postupac was not returning his calls. b. Scappe did engage in a nearly ten minute phone call with Postupac on August 4, 2016. 124. The ten calls initiated by Scappe to Weiss and Postupac on August 4, 2016, are highlighted below: Call Elansed Date Time Time Initiating # Caller End # Recipient 8/4/2016 3:45:50 p.m. 0:31 * [redacted 21 Scappe [redacted 8] Postupac 8/4/2016 3:47:00 p.m. 0:03* [redacted 2] Scappe [redacted 81 Postupac Postupac, 20-023 Page 15 8/4/2016 3 AT 15 p.m. 0:03* [redacted 2] Scappe [redacted 8] Postupac 8/4/2016 3:47:46 p.m. 0:03* [redacted 2] Scappe [redacted 81 Postupac 8/4/2016 3:47:57 p.m. 0:00* [redacted 21 Scappe [redacted 8] Postupac 8/4/2016 3:48:11 p.m. 0:04* [redacted 21 Scappe [redacted 81 Postupac 8/4/2016 3:48:44 p.m. 0:05* [redacted 2] Scappe [redacted 151 Weiss 8/4/2016 3:49:08 p.m. 9:56 [redacted 2] Scappe [redacted 81 Postupac 8/4/2016 3:59:11 p.m. 0:00 [redacted 21 Scappe [redacted 15] Weiss 8/4/2016 4:13:02 p.m. 0:11 [redacted 151 Weiss [redacted 2] Scappe 8/4/2016 4:13:13 p.m. 4:32 [redacted 2] Scappe 1 [redacted 15] Weiss *denotes the call was routed to voice mail 125. On August 11, 2016, Vincent Scappe was formally hired as a physical education teacher by BSD, and on August 8, 2016, Jeanna Postupac was formally hired as a long-term substitute by MASD. 126. Following the hiring of his daughter, Postupac complained to Weiss that Vincent Scappe got a fiill-time position at BSD, but his daughter only got a part-time position good for only one year at MASD. a. Jeanna Postupac was later hired as a permanent teacher by MASD on a motion by Scappe at the Moon Board's June 12, 2017, meeting. THE FOLLOWING FINDINGS RELATE TO MONIES JEANNA POSTUPAC RECEIVED FROM MASD RESULTING FROM THE UNDERSTANDING BY POSTUPAC THAT BSD WOULD HIRE VINCENT SCAPPE ONCE MASD HIRED HIS DAUGHTER JEANNA POSTUPAC. 127. Jeanna Postupac received compensation as a long-term substitute elementary teacher for the 2016-2017 school year and as a full-time permanent elementary teacher beginning with the 2017-2018 school year. a. Jeanna Postupac received additional compensation during the 2016-2017 school year for the extra pay/extra duty positions of AM Bus Monitor and PM Bus Monitor which were approved by the Moon Board at its September 12, 2016, meeting. 1. ,She was paid a stipend of $589/school year for each extra pay/extra duty position she held during the school year. aa. The following shows the extra pay received/extra duty positions held by Jeanna Postupac during each school year, when the Moon Board approved it, and the stipend amount she received; School Year Position Board ,Stipend Meeting 2016-2017 AM Bus Monitor 9/12/2016 $589.00 2016-2017 PM Bus Monitor 9/12/2016 $589.00 Postepac, 20-023 Page e 36- 2017-2018 Bus Monitor PM 8/14/2017 $589.00 2017-2018 Bus Duty AM 8/28/2017 $589.00 2018-2019 PM Bus Monitor 8/27/2018 $589.00 2019-2020 Bus/Ball Monitor PM 8/26/2019 $589.00 bb. The following shows the monies MASD paid Jeanna Postupac as a long-term substitute teacher and as a full-time permanent teacher for the school years 2016-2017, 2017-2018, 2018-2019, and 2019- 2020: Check Gross Check # Date ray Net Pay Purpose D0126359 9/20/2016 $1,109.58 $795.31 Salary D0126946 10/5/2016 $1,664,37 $1,171.10 Salary D0127622 10/20/2016 $1,849.30 $1,294.71 Salary D0127623 10/20/2016 $294.50 $236.72 Extra Duty Pay D0128252 11/4/2016 $1,849.30 $1,294.71 Salary D0128848 11/18/2016 $1,849.30 $1,294.71 Salary D0129435 12/5/2016 $1,849.30 $1,294,71 Salary D0130164 12/20/2016 $2,219.16 $1,516.80 Salary DO130165 12/20/2016 $294.50 $236.72 Extra Duty Pay D0130843 1I5/2017 $1,849.30 $1,290.11 Salary DO131419 1/20/2017 $739.72 $553.50 DO132017 2/3/2017 $1,664.37 $1,171.50 Salary D0132706 2/17/2017 $1,849.30 $1,295.11 Salary D0132707 2/17/2017 $294.50 $236.92 Extra Duty Pay D0133331 3/3/2017 $1,949.30 $1,295.11 Salary D0133930 3/20/2017 $2,589.02 $1,734.59 Salary D0134544 4/5/2017 $1,849.30 $1,292.11 Salary D0135232 4/20/2017 $1,756.84 $1,230.32 Salary D0135233 4/20/2017 $390.06 $305,23 Extra Duty Pay D0135877 5/5/2017 $1,479.44 $1,044.90 Salary D0136488 5/19/2017 $1,849.30 $1,292.11 Salary D0137163 6/5/2017 $1,897.08 $1,324.03 Salary D0137781 6/20/2017 $3,051.35 $1,997.82 Salary D0140263 9/5/2017 $1,989.59 $1,386.69 Salary D0140903 9/20/2017 $1,989.59 $1,386.69 Salary D0141344 10/5/2017 $1,989.59 $1,386.69 Salary DO141971 10/20/2017 $1,989.59 $1,281.69 Salary DO 141972 10/20/2017 $294.50 $236.92 Extra Duty Pay D0142541 11/3/2017 $1,989.59 $1,386.69 Salary DO143106 11/20/2017 $1,989.59 $1,281.69 Salary D0143645 12/5/2017 $1,989,59 $1,386.69 Salary D0144325 12/20/2017 $1,989.59 $1,281.69 Salary Postu ac, 20-023 Page -TT D0144326 12/20/2017 $294.50 $236.92 Extra Duty Pay D0144941 1/5/2018 $1,989.59 $1,386.99 Salary 130144942 1/5/2018 $921.13 $519.12 DO145491 1/19/2019 $1,989.59 $1,281.89 Salary D0146029 2/5/2018 $1,989.59 $1,430.15 Salary D0146677 2/20/2018 $1,989.59 $1,325,15 Salary D0146678 2/20/2018 $294.50 $237.71 Extra Duty Pay D0147256 3/5/2018 $1,989.59 $1,430.15 Salary d0147815 3/20/2018 $1,989,59 $1,325.15 Salary D0148349 4/5/2018 $1,989.59 $1,430.15 Salary D0148999 4/20/2018 $1,989.59 $1,325.15 Salary D0149000 4/20/2018 $294.50 $237.71 Extra Duty Pay D0149579 5/4/2018 $1,989.59 $1,430.15 Salary 130150148 5/18/2018 $1,989.59 $1,325.15 Salary D0150751 6/5/2018 $1,989.59 $1,430.15 Salary D0150752 6/5/2018 $821.13 $543.75 D0151327 6/20/2018 $1,989.59 $1,430.15 Salary D0151854 7/5/2018 $1,989.59 $1,430,15 Salary D0152348 7/20/2018 $1,989.59 $1,430.15 Salary D0152822 8/3/2018 $1,989.59 $1,430.15 Salary D0153315 8/20/2018 $1,999.43 $1,430.04 Salary D0153830 9/5/2018 $2,027.09 $1,456.26 Salary D0154380 9/20/2018 $2,027.09 $1,456.26 Salary D0154914 10/5/2018 $2,027.09 $1,356.26 Salary D0155559 10/19/2018 $2,027.09 $1,247.26 Salary D0155560 10/19/2018 $147.25 $118.86 Extra Duty Pay D0156140 11/5/2018 $2,074.87 $1,389.52 Salary D0156678 11/20/2018 $2,027A9 $1,247.26 Salary D0157219 12/5/2018 $2,027.09 $1,286.70 Salary D0157877 12/20/2018 $2,027.09 $1,247.34 Salary D0157878 12/20/2018 $983.98 $787,44 AI2464 12/31/20I8 $0.00 $0.00 D0158491 1/4/2019 $2,074.87 $1,320.86 Salary D0159035 1/18/2019 $2,027.09 $1,248.15 Salary D015971 2/5/2019 $2,074.87 $1,320.86 Salary D0160207 2/20/2019 $2,027.09 $1,248.15 Salary D0160208 2/20/2019 $147.25 $118.86 Extra Duty Pay D0160781 3/5/2019 $2,074.87 $1,320.86 Salary D0161325 3/20/2019 $2,027,09 $1,248.15 Salary D0161852 4/5/2019 $2,074.87 $1,320.86 Salary D0162480 4/18/2019 $2,027.09 $1,248.15 Salary D0162481 4/ 18/2019 $147.25 $118.86 Extra Duty Pay D0163045 5/3/2019 $2,122.65 $1,354.13 Salary Postu ac, 20-023 Page �8 D0163595 5/20/2019 $2,074.87 $1,281,41 Salary D0164182 6/5/2019 $2,027.09 $1,287.59 Salary D0164730 6/20/2019 $2,027.09 $1,357.15 Salary D0165253 7/5/2019 $2,027.09 $1,284.98 Salary D0165746 7/19/2019 $2,027.09 $1,357.15 Salary D0166246 8/5/2019 $2,027.09 $1,284.98 Salary D0166735 8/20/2019 $2,026.93 $1,357.03 Salary D0167247 9/5/2019 $2,085.42 $1,325.57 Salary D0167794 9/20/2019 $2,095.42 $1,397.67 Salary D0168326 IOA/2019 $2,133.20 $1,358.85 Salary D0168964 10/18/2019 $2,085.42 $1,285.76 Salary D0168965 10/18/2019 $147.25 $1 18.86 Extra Duty Pay D0I69540 11/5/2019 $2,085.42 $1,325,57 Salary D0170095 11/20/2019 $2,133.20 $1,319.02 Salary D0170632 12/5/2019 $2,085.42 $1,325.57 Salary D0171297 12/20/2019 $2,085.42 $1,285.84 Salary D0171298 12/20/2019 $147.25 $118.86 Extra Duty Pay A12882 12/31/2019 $0.00 $0.00 D0171910 1/3/2010 $2,180.98 $1,392,13 Salary D0172445 1/17/2020 $2,085.42 $1,286,38 Salary D0172973 2/5/2020 $2,133.20 $1,359.47 Salary D0173609 2/20/2020 $2,085.42 $1,286.43 Salary D0173610 2/20/2020 $147.25 $88.89 Extra Duty Pay DO174166 3/5/2020 $2,133.20 $1,359.52 Salary D0174695 3/20/2020 $2,085.42 $1,286.43 Salary D0175216 4/3/2020 $2,085.42 $1,326.24 Salary D0175756 4/20/2020 $2,095,42 $1,286.43 Salary DO176291 5/5/2020 $2,085.42 $1,326.24 Salary D0176811 5/20/2020 $2,085.42 $1,286A3 Salary D0177393 6/5/2020 $2,085.42 $1,326.24 Salary D0177926 6/19/2020 $2,085.42 $1,398,43 Salary CC. Jeanna Postupac's W-2s from MASD for the years 2016 through 2020 show the following wages received as an MASD employee: Year W-2 Wages 2016 $12,005.84 2017 $36,643.48 2018 $47,695.49 2019 $45,260.67 2020 $46,631.69 Total $188,237.17 PagPostu ac, 20-023 e 9 128. Per the Labor Agreement between MASD and the Moon Education Association PSEAINEA, the Moon Board agrees to pay the cost of graduate credits earned through an accredited college or university for courses that develop the teacher professionally or educationally or are of benefit to MASD's educational program. a. Graduate credits for professional and educational development courses will be reimbursed to a maximum equal to the cost of nine graduate credits per year at the University of Pittsburgh. 1. Payments shall be made upon completion of the graduate courses and receipt of transcript or grade sheet denoting a passing grade in a pass/fail course or a grade of "B" or higher, receipted invoice, and required office forms. 2. All such payments shall be made within forty-five days following submission of all required forms, transcripts or grade sheets, and receipted invoice. 129. Jeanna Postupac enrolled in Slippery Rock University's Master's program, taking classes beginning in the summer of 2018, and she received her Master of Education in July 2020. a. Jeanna Postupac was reimbursed by MASD a total of $15,336 for the cost of graduate credits earned while attending Slippery Rock University as follows: Check Check Date Check Amount 9/13/2018 67424 $4,500 1/31/2019 68793 $1,548 1/31/2019 66793 $1,549 6/27/2019 248 $1,548 9/26/2019 328 $1,548 1/23/2020 571 $1,548 6/11/2020 769 $1,548 7/9/2020 800 $1,548 $15,336 130. Postupac's use of his position as the Superintendent of BSD resulted in a pecuniary benefit to an immediate family member as summarized below: Tuition Pecuniary Year W-2 Wages Reimbursement Benefit 2016 $12,005.84 - $12,005.84 2017 $36,643.48 - $36,643.48 201E $47,695.49 $4,500.00 $52,195.49 2019 $45,260.67 $6,192,00 $51,452.67 2020 $46,631.69 $4,644.00 $51,275.69 Postupac, 20-023 Page 40 Total Pecuniary Benefit Received $203,573.17 THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT POSTUPAC FILED DEFICIENT STATEMENT OF FINANCIAL INTERESTS FORMS FOR CALENDAR YEARS 2015, 2016, 2017, 2018, AND 2019. 131. 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. SFI forms are required to be filed by no later than May 1st of each year that a public official/public employee holds public office/employment. b. SFI forms require filers to disclose financial information pertaining to the preceding calendar year. 132. 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) identify 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." 2. Section 1105(b)(5) directs the disclosure on SFIs of the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. 133. Postupac, as the Substitute/Acting Superintendent/Superintendent of BSD, was required to file SFIs annually for each calendar year in which he held the position. 134. On July 6 and 22, 2020, SFIs were provided to the Investigative Division via email by BSD. a. Postupac had filed SFIs with BSD for calendar years 2016, 2017, 2018, and 2019 as follows: Calendar Year Date Filed 2016 1/26/2017 2017 1 /29/2018 2018 3/11/2019 2019 1/28/2020 135. Postupac, as the Superintendent of WBCSD, was required to file SFIs annually for each calendar year in which he held the position. Postupac, 20-023 Page 41 136. Postupac filed SFIs with WBCSD for calendar years 2015, 2016, 2017, 2018, and 2019. a. Postupac's SFIs were provided by WBCSD via email on August 17, 2020, as follows: Calendar Year Date Filed 2015 03/17/2016 2016 02/16/2017 2017 01 /29/2018 2018 03/13/2019 2019 02/13/2020 137. Postupac, as a Member of the Community College of Beaver County ("CCBC") Board of Trustees, was required to file SFIs annually for each calendar year in which he held the position. 138. Postupac filed SFIs with CCBC for calendar years 2015, 2016, 2017, 2018, and 2019. a. Postupac's SFIs. were provided by the Solicitor for CCBC via email on March 26, 2021, as follows: Calendar Year Date Filed 2015 03/17/2016 2016 03/21/2017 2017 03/20/2018 2018 03/I.1/2019 2019 06/02/2020 139. SFIs filed by Postupac in his capacities as the Substitute/Acting Superintendent/Superintendent of BSD, the Superintendent of WBCSD, and a Member of the CCBC Board of Trustees included deficiencies as follows: Calendar Blaekhawk School District Western Beaver County Community College of Beaver I.-CountyCCBC Year BSD School District WBCSD Postupac, 20-023 Page 42 2015 2016 NIA Box 03 (Status) Failed to check Public Official (Current) Box 04 (Public Position or Public Office) Did not include Superintendent (WBCSD) Box 04 (Public Position or Public Office) Did not include Trustee (CCBC) Box 05 (Governmental Entity) Did not include WBCSD Box 05 (Governmental Entity) Did not include CCBC Box 10 (Direct or Indirect Sources of Income) Failed to answer Box 10 (Direct or Indirect Sources of Income) Did not include BSD and its address Box 10 (Direct or Indirect Sources of Income) Did not include WBCSD and its address Box 10 (Direct or Indirect Sources of Income) Did not include WBCSD and its address Box 03 (Status) Failed to check Public Official (Cut -rent) Box 04 (Public Position or Public Office) Did not include Superintendent (BSD) or Trustee (CCBC) Box 05 (Governmental Entity) Did not include BSD or CCBC Box 10 (Direct or Indirect Sources of Income) Did not include BSD and its address Box 03 (Status) Failed to check Public Employee (Current) Box 04 (Public Position or Public Office) Did not include Superintendent (WBCSD) Box 04 (Public Position or Public Office) Did not include Superintendent (BSD) Box 05 (Governmental Entity) Did not include WBCSD Box 05 (Governmental Entity) Did not include BSD Box 10 (Direct or Indirect Sources of Income) Did not answer Box 10 (Direct or Indirect Sources of Income) Did not include WBCSD and its address Box 10 (Direct or Indirect Sources of Income) Did not include BSD and its address Box 03 (Status) Failed to check Public Employee (Current) Box 04 (Public Position or Public Office) Did not include Superintendent (WBCSD) Box 04 (Public Position or Public Office) Did not include Superintendent (BSD) Box 05 (Governmental Entity) Did not include WBCSD Box 05 (Governmental Entity) Did not include BSD Box 10 (Director Indirect Sources of Income) Did not include WBCSD and its address Box 10 (Direct or Indirect Sources of Income) Did not include BSD and its address Postu ac, 20-023 Page 43 Box 03 (Status) Failed to check Public Employee (Current) Box 04 (Public Position or Box 03 (Status) Failed to check Public Office) Failed to check Public Official (Current) "Hold" Box 04 (Public Position or Box 04 (Public Position or Public Office) Did not include Public Office) Did not include Superintendent (WBCSD) Superintendent (WBCSD) Box 04 (Public Position or Box 04 (Public Position or Public Office) Did not include Public Office) Did not include Trustee (CCBC) Superintendent (BSD) Box 05 (Governmental Entity) Box 05 (Governmental Entity) Did not include WBCSD Did not include WBCSD Box 05 (Governmental Entity) Box 03 (Status) Failed to check Box 05 (Governmental Entity) Did not include CCBC Public Official (Current) Did not include BSD Box 10 (Direct or Indirect Box 04 (Public Position or Box 10 (Direct or Indirect Sources of Income) Did not Public Office) Did not include Sources of Income) Did not include BSD and its address Superintendent (BSD) or include WBCSD and its address Box 10 (Direct or Indirect Trustee (CCBC) Sox 10 (Direct or Indirect Sources of Income) Did not Box 05 (Governmental Entity) Sources of Income) Did not 2017 include WBCSD and its address Did not include BSD or CCBC include BSD and its address Box 03 (Status) Failed to check Box 03 (Status) Failed to check Public Official (Current) Public Employee (Current) Box 04 (Public Position or Box 04 (Public Position or Public Office) Did not include Public Office) Did not include Superintendent (WBCSD) Box 03 (Status) Failed to check Superintendent (WBCSD) Box 04 (Public Position or Public Official (Current) Box 04 (Public Position or Public Office) Did not include Box 04 (Public Position or Public Office) Did not include Trustee (CCBC) Public Office) Did not include Superintendent (BSD) Box 05 (Governmental Entity) Superintendent (BSD) or Box 05 (Governmental Entity) Did not include WBCSD Trustee (CCBC) Did not include WBCSD Box 05 (Governmental Entity) Box 05 (Governmental Entity) Box 05 (Governmental Entity) 2018 Did not include CCBC Did not include BSD or CCBC Did not include BSD Box 03 (Status) Failed to check Box 03 (Status) Failed to check Public Official (Current) Public Employee (Current) Box 04 (Public Position or Box 04 (Public Position or Public Office) Did not include Public Office) Did not include Superintendent (WBCSD) Superintendent (WBCSD) Box 04 (Public Position or Box 04 (Public Position or Public Office) Did not include Public Office) Did not include Trustee (CCBC) Superintendent (BSD) Box 05 (Governmental Entity) Box 05 (Governmental Entity) Did not include WBCSD Box 03 (Status) Failed to check Did not include WBCSD Box 05 (Governmental Entity) Public Official (Current) Box 05 (Governmental Entity) Did not include CCBC Box 04 (Public Position or Did not include BSD Box 10 (Direct or Indirect Public Office) Did not include Box 10 (Direct or Indirect Sources of Income) Did not Superintendent (BSD) or Sources of Income) Did not include BSD and its address Trustee (CCBC) include WBCSD and its address Box 10 (Direct or Indirect Box 05 (Governmental Entity) Box 10 (Direct or Indirect Sources of Income) Did not Did not include BSD or CCBC Sources of Income) Did not 2019 include WBCSD and its address Box 11 Gifts Did not answer include BSD and its address Poshipac, 20-023 Page 44 III. DISCUSSION: In his capacities as: (1) the Substitute Superintendent, Acting Superintendent, or Superintendent of Blackhawk School District from at least June 1, 2016; (2) the Superintendent of Western Beaver County School District since 2008; and (3) a Member of the Community College of Beaver County Board of Trustees, Respondent Robert H. Postupac ("Postupac") has been a public official/public employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et M. The allegations are that Postupac violated Sections 1103(a), 1103(b), 1103(c), 1105(b)(1), 1105(b)(5), and 1105(b)(6) of the Ethics Act: (1) When he utilized the authority of his public position as Substitute/Acting/Permanent Superintendent of Blackhawk School District for the pecuniary benefit of a member of his immediate family, specifically his daughter, when he directed and influenced the hiring of the son of a Member of the School Board ("Board") of Moon Area School District to a paid position as a teacher with Blackhawk School District based on his understanding that the vote and/or official action of the Moon Area School District Board Member would be influenced, specifically that the Moon Area School District Board Member would take action resulting in the hiring of Postupac's daughter for a long-term/permanent position of employment with Moon Area School District; (2) When he solicited and/or accepted something of monetary value, an offer from a Member of the Moon Area School District Board to hire his daughter as an employee of Moon Area School District, at a time when he was using the authority of his public position to influence the hiring of the Moon Area School District Board Member's son for a position with Blackhawk School District; (3) When he filed deficient Statements of Financial Interests ("SFIs") by failing to identify his status and public offices/positions (calendar years 2016, 2017, 2018, and 2019) and failing to identify all reportable sources of income (calendar years 2016, 2017, and 2019); (4) When, as the Superintendent of Western Beaver County School District, he filed deficient SFIs by failing to identify his status and his public offices/positions (calendar years 2016, 2017, 2018, and 2019), failing to identify all reportable sources of income (calendar years 2015 and 2016), and failing to complete or otherwise disclose receipt of any gifts (calendar year 2019); and (5) When, as a Member of the Community College of Beaver County Board of Trustees, he filed deficient SFIs by failing to identify his status and his public offices/positions (calendar years 2015, 2016, 2017, 2019, and 2019) and by failing to identify all reportable sources of income (calendar years 2015, 2016, 2017, and 2019). Postupac, 20-023 Page 45 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 following terms relevant to Section 1103(a) are 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. "Immediate family." A parent, spouse, child, brother or sister. 65 Pa.C.S. § 1102. Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or "conflict of interest, 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from using the authority of public office/employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. A child is a member of "immediate family" as the Ethics Act defines that term. 65 Pa.C.S. § 1102. Section 1103(b) of the Ethics Act provides in part that no person shall offer to a public official/employee anything of monetary value based upon the understanding that the vote, official action, or judgment of the public official/employee would be influenced thereby: PosttTae, 20-023 Page 46 § 1103. Restricted activities (b) Seeking improper influence. —No person shall offer or give to a public official, public employee or nominee or candidate for public office or a member of his immediate family or a business with which he is associated, anything of monetary value, including a gift, loan, political contribution, reward or promise of future employment based on the offeror's or donor's understanding that the vote, official action or judgment of the public official or public employee or nominee or candidate for public office would be influenced thereby. 65 Pa.C.S. § 1103(b). Section 1103(c) of the Ethics Act provides in part that a public official/public employee shall not solicit or accept anything of monetary value based upon any understanding that his vote, official action or judgment would be influenced thereby: § 1103. Restricted Activities (c) Accepting improper influence. —No public official, public employee or nominee or candidate for public office shall solicit or accept anything of monetary value, including a gift, loan, political contribution, reward or promise of future employment, based on any understanding of that public official, public employee or nominee that the vote, official action or judgment of the public official or public employee or nominee or candidate for public office would be influenced thereby. 65 Pa.C.S. § 1103(c). Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form. must provide. Section 1105(b)(1) of the Ethics Act requires the filer to disclose on the SFI his name, address, and public position. Subject to certain statutory exceptions, Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the SFI the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. Subject to certain statutory exceptions, Section 1105(b)(6) of the Ethics Act requires the filer to disclose on the SFI the name and address of the source and the amount of any gift or gifts valued in the aggregate at $250 or more and the circumstances of each gift. Postupac, 20-023 Pate 47 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. Blackhawk School District ("BSD") is located in Beaver County, Pennsylvania, and it serves students from Beaver County and Lawrence County, Pennsylvania. BSD is governed by a nine -Member School Board ("BSD Board"). Since 2008, Postupac has served as the Superintendent of Western Beaver County School District ("WBCSD"). In June 2016 and January 2017, BSD and WBCSD signed Articles of Agreement for the sharing of Postupac's administrative services. The Articles of Agreement allowed Postupac to serve concurrently as the Superintendent of WBCSD and in various capacities as the Superintendent of BSD. Postupac served as the Substitute Superintendent of BSD from June 1, 2016, until August 18, 2016, and he served as the Acting Superintendent of BSD from August 19, 2016, until June 30, 2017. Postupac became the Superintendent of BSD beginning July 1, 2017. In his various Superintendent capacities with BSD, Postupac was responsible for making employment recommendations. The interview process for teaching vacancies at BSD includes three rounds of interviews with an interview team consisting of the Superintendent and other BSD administrators. The round - one interviews consist of questions to get to know the candidates. At the end of round one, the members of the interview team recommend three to five candidates to move on to the second round. These candidates are notified to return for a second -round interview by either the Superintendent's secretary or the school building principal where the vacancy exists. The round - two interviews consist of additional questions and an exercise with the candidates teaching a lesson based on a particular topic. After candidates who are brought back for round three are interviewed, the top candidate is recommended to the BSD Board for hiring. Postupac had significant input in the process for selecting candidates to be presented to the BSD Board for approval of employment with BSD. Amy Anderson ("Anderson" or "BSD Principal Anderson") has been the Principal of BSD's Highland Middle School since 2015. Postupac was Anderson's direct supervisor. Prior to the start of the 2016-2017 school year, there were two open positions for a health and physical education teacher ("Open Positions") at Highland Middle School. On or about July 16, 2016, Vincent Scappe hand -delivered his r6sume for the Open Positions to BSD's Central Office. Vincent Scappe is the son of Mark Scappe ("Scappe"), who has served as a Member of the School Board ("Board") of Moon Area School District ("MASD") since December 7, 2015. Vincent Scappe was unemployed as his position with Montour School District had been eliminated. Several days before Vincent Scappe delivered his rdsume to BSD's Central Office, Scappe asked MASD Principal Barry Balaski ("Balaski" or "MASD Principal Balaski"), who had previously worked with Anderson at BSD, to contact Anderson to arrange for Vincent Scappe to be interviewed at BSD. Balaski subsequently told Anderson that a person he knew was asking if the person's son, Vincent Scappe, could get an interview at BSD. Anderson implied that she was Postupac, 20-023 Page 48 willing to give Vincent Scappe an interview. Scappe also asked MASD Board Member Jerry Testa ("Testa"), who knew BSD Board Member Mary Kaszer ("Kaszer"), to call Kaszer and put in a good word for Vincent Scappe. Testa subsequently told Kaszer that Vincent Scappe had applied for a position with BSD and that he was the son of a Member of the MASD Board. Testa asked Kaszer to put in a good word for Vincent Scappe. Kaszer told Testa that she would look into it. On July 26, 2016, Vincent Scappe had a first -round interview with various BSD administrators, including Postupac, for the Open Positions. That evening, BSD Principal Anderson sent an email to Postupac and other BSD administrators that listed the candidates for the second round of interviews. Vincent Scappe was not a candidate for a second -round interview. Sometime after Vincent Scappe's first -round interview, Scappe told MASD Principal Balaski that Vincent Scappe did not get a second -round interview, and he asked Balaski to tell Anderson to hire Vincent Scappe. Balaski refused Scappe's request. On July 28, 2016, BSD conducted five second -round interviews and two additional first -round interviews for the Open Positions. Ira Weiss, Esquire ("Weiss" or "Attorney Weiss") is associated with a law firm located in Pittsburgh, Pennsylvania. Weiss' law firm has served as solicitor for multiple school districts in the greater Pittsburgh area, including BSD. Weiss was familiar with both Postupac and Scappe as a result of his professional work. Scappe knew that Weiss was the BSD Solicitor, and after he became aware that his son had received a rejection letter from BSD for the Open Positions, he contacted Weiss. Scappe told Weiss that he was going to call someone about the matter, and he asked Weiss for the telephone number of the BSD Superintendent. Weiss provide Scappe with Postupac's telephone number as well as that of BSD Board President Perry Pander ("Pander" or "BSD Board President Pander"). After BSD finished conducting the second round of interviews, Scappe contacted BSD Board President Pander to solicit additional support for the hiring of his son. In a telephone call with Pander on July 29, 2016, Scappe advised Pander that he was a Member of the MASD Board and was trying to get his son a job at BSD. Pander, who was unaware that Vincent Scappe had already been interviewed and was not being further considered for the Open Positions, told Scappe that the best he could do was to try to get Scappe's son an interview. Scappe then told Pander that as the BSD Board President, Pander had the ability to get Scappe's son hired. Jeanna Postupac is Postupac's daughter. On August 1, 2016, Jeanna Postupac applied for a position with MASD, which is located in Allegheny County, Pennsylvania. That same day, BSD Board President Pander informed Postupac about a telephone call that he had received from an MASD Board Member who asked if his son could get an interview at BSD. Postupac gave Pander the impression that Postupac seemed to know who the MASD Board Member's son was even though Pander had not told Postupac the son's name. Postupac informed Pander that "I will do better than that, if he hires my daughter, and I mean full-time, I'll get his son a job." At some point in August 2016, Postupac told the BSD Personnel Committee that Vincent Scappe was going to be brought back to be re -interviewed. Postupac also told BSD Board Member Kathy Helsing, who was a member of the BSD Personnel Committee, that BSD would hire Scappe's son if MASD hired Postupac's daughter. Postupac, 20-023 Page 49 Through telephone calls and text messages with Attorney Weiss, Scappe and Postupac used Weiss as a "go between" to discuss the hiring of Vincent Scappe by BSD and the hiring of Jeanna Postupac by MASD. Weiss eventually asked both Postupac and Scappe to call each other rather than calling him. At Postupac's direction, on August 2, 2016, BSD Principal Anderson called Vincent Scappe and told him to come to BSD's administrative office the next evening for another interview for the Open Positions and to be prepared to teach a lesson on nutrition. Vincent Scappe was required to teach a lesson on nutrition because all second -round applicants were required to teach a lesson. On August 3, 2016, Postupac and the BSD interview team interviewed the three candidates who were originally scheduled for third -round interviews. Vincent Scappe was also interviewed, and he taught a lesson on nutrition. Vincent Scappe was included in the third round of interviews only as a result of Postupac's direction that he be interviewed. Postupac knew that his official action of directing that Scappe's son be interviewed would influence Scappe to take official action to secure employment with MASD for Postupac's daughter. On August 9, 2016, Postupac's secretary emailed an agenda to the BSD Board for its August 11, 2016, meeting. The agenda included an item which noted the Personnel Committee's recommendation for the approval of the hiring of Vincent Scappe as a health and physical education teacher for the 2016-2017 school year at a salary of $50,582 plus benefits. On August 11, 2016, the BSD Board voted to hire Vincent Scappe and another candidate as health and physical education teachers for the 2016-2017 school year. At or about the same time that Postupac arranged for Vincent Scappe to be brought back for an additional interview for the Open Positions, Scappe was taking action as an MASD Board Member to effectuate MASD's hiring of Postupac's daughter. As noted above, on August 1, 2016, Jeanna Postupac submitted an application for a position with MASD for the 2016-2017 school year. Jeanna Postupac had graduated from Geneva College in May 2016, and she had limited teaching experience that consisted of fourteen days of work as a substitute teacher for WBCSD in May 2016. WBCSD used Kelly Services for its day-to-day substitutes, and Jeanna Postupac had not been retained by Kelly Services. When applications for a teaching position are received by MASD, the MASD Human Resources Department identifies applicants who are qualified for the position, and the MASD interview team chooses candidates for interviews from the qualified applicants. After interviews are conducted, a candidate is selected to be forwarded to the MASD Superintendent for recommendation to the MASD Board. At some point on or around August 1, 2016, Scappe went to the office of MASD Acting Superintendent Dr. Donna Milanovich ("Milanovich") and directed her to hire Jeanna Postupac as a teacher. At that time, the only open teaching position at MASD was a long-term substitute position at McCormick Elementary School. Based on Milanovich's prior interactions with Scappe, she believed that she had no choice but to find a job for Jeanna Postupac, and she agreed to hire Jeanna Postupac. Milanovich subsequently informed MASD Human Resources Director Bill Postupac, 20-023 Page 50 Addy ("MASD Human Resources Director Addy") that Scappe gave her a directive to hire Jeanna Postupac. On August 3, 2016, Julie Moore ("Moore"), Principal of McCormick Elementary School, emailed Addy and advised him that she was considering Misty Bennett ("Bennett") and Brenda Hall ("Hall") for a long-term substitute position at McCormick Elementary School. Although Moore expected to interview Bennett and Hall when she arrived at the MASD Central Office on August 5, 2016, only Jeanna Postupac was present for an interview. That same day, MASD Human Resources Director Addy was asked to reach out to Jeanna Postupac and offer her the position of long-term substitute at McCormick Elementary School for the 2016-2017 school year. At the August 8, 2016, meeting of the MASD Board, Scappe made a motion and voted to approve all of the personnel items .on the meeting agenda, which included the hiring of Jeanna Postupac as a third grade long-term substitute teacher at McCormick Elementary School for the 2016-2017 school year. Following the hiring of Jeanna Postupac, Postupac complained to Attorney Weiss that Vincent Scappe got a full-time position at BSD, but his daughter got only a part-time position good for one year at MASD. At the June 12, 2017, meeting of the MASD Board, Scappe made a motion and voted to approve all of the personnel items on the meeting agenda, which included the hiring of Jeanna Postupac as a first grade teacher at McCormick Elementary School for the 2017-2018 school year at the salary of $47,570.00. Postupac's SI+I_s_ In addition to serving in various Superintendent capacities with BSD and as the Superintendent of WBCSD, Postupac has served as a Member of the Board of Trustees of Community College of Beaver County ("CCBC"). In each of the aforesaid positions, Postupac was required to file SFIs pursuant to the Ethics Act. Postupac filed SFIs with BSD for calendar years 2016, 2017, 2018, and 2019. With respect to these SFIs, Postupac failed to: (1) list his public positions as the Superintendent of WBCSD and a Member of the Board of Trustees of CCBC on each SFI; and (2) disclose BSD and WBCSD as sources of income on his SFIs for calendar years 2016, 2017, and 2019. Postupac filed SFIs with WBCSD for calendar years 2015, 2016, 2017, 2018, and 2019. With respect to these SFIs, Postupac failed to: (1) list his public positions as the Superintendent of BSD and a Member of the Board of Trustees of CCBC on his SFIs for calendar years 2016, 2017, 2018, and 2019; (2) disclose WBCSD as a source of income on his SFI for calendar year 2015 and BSD as a source of income on his SFI for calendar year 2016; and (3) make any disclosure as to gifts on his SFI for calendar year 2019. Postupac also filed SFIs with CCBC for calendar years 2015, 2016, 2017, 2018, and 2019. With respect to these SFIs, Postupac failed to: (1) list his public position as the Superintendent of WBCSD on each SFI and his public position as the Superintendent of BSD on his SFIs for calendar years 2016, 2017, 2018, and 2019; and (2) disclose WBCSD as a source of income on his SFI for calendar year 2015 and both WBCSD and BSD as sources of income on his SFIs for calendar years 2016, 2017, and 2019. Poste ac, 20-023 Page We note that although the Stipulated Findings indicate that there were numerous other deficiencies in the SFI forms that Postupac filed with BSD, WBCSD, and CCBC for the aforesaid calendar years, such deficiencies are not encompassed within the allegations in this matter. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Postupac's directing and influencing the hiring of a Moon Area School District School Board Member's son to a full-time position as a teacher with Blackhawk School District based on the understanding that this action would directly influence the Moon Area School District School Board Member to take action resulting in the hiring of Postupac's daughter for a position of employment with Moon Area School District. b. That a violation of Sections 1103(b) and 1103(c) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §§ 1103(b) and 1103(c), occurred in relation to Postupac's solicitation and acceptance of something of monetary value, specifically an offer from a Member of the Moon Area School District School Board to hire his daughter at a time when Postupac was using the authority of his public position to influence the hiring of the Moon Area School District School Board Member's son. C. That a violation of Sections 1105(b)(1), (5), and (6) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), (5), and (6), occurred in relation to Postupac's filing of deficient Statements of Financial Interests as follows: Failing to identify his status and public offices/positions for calendar years 2016, 2017, 2018, and 2019 and failing to identify Postupac, 20-023 Page 52 all reportable sources of income for calendar years 2016, 2017, and 2019. ii. As the Superintendent of Western Beaver County School District, failing to identify his status and public offices/positions for calendar years 2016, 2017, 2018, and 2019, failing to identify all reportable sources of income for calendar years 2015 and 2016, and failing to complete or otherwise disclose receipt of any gifts for calendar year 2019. iii. As a Member of the Community College of Beaver County Board of Trustees, failing to identify his status and public offices/positions for calendar years 2015, 2016, 2017, 2018, and 2019 and failing to identify all reportable sources of income for calendar years 2015, 2016, 2017, and 2019. 4. Postupac agrees to make payment in the amount of $750.00 in settlement of this matter payable to the Commonwealth of Pennsylvania, and forwarded to the Pennsylvania State Ethics Commission, within thirty (30) days of the issuance of the final adjudication in this matter. 5. Postupac agrees to file complete and accurate amended Statements of Financial Interests with Blackhawk School District (calendar years 2016, 2017, 2018, and 2019), Western Beaver County School District (calendar years 2015, 2016, 2017, 2018, and 2019), and Community College of Beaver County (calendar years 2015, 2016, 2017, 2018, and 2019), through the Pennsylvania State Ethics Commission, within thirty (30) days of the issuance of the final adjudication in this matter. 6. Postupac agrees to not accept any reimbursement, compensation or other payment from Blackhawk School District, Western Beaver County School District, or the Community College of Beaver County, 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 Postg_pac, 20-023 Page 53 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. C. The non -referral language contained in this paragraph is considered an essential part of the negotiated consent agreement. Consent Agreement, at 2-3. In considering the Consent Agreement, we accept the recommendations of the parties for findings of violations of Sections 1103(a), 1103(b), and 1103(c) of the Ethics Act. All of the elements necessary to establish the aforesaid violations are present in this case. At the same time that Postupac's daughter, Jeanna Postupac, was seeking employment in a teaching position with MASD, Vincent Scappe, the son of MASD Board Member Scappe, was seeking employment in a teaching position with BSD. Through telephone calls and text messages with Attorney Weiss, Postupac and Scappe used Weiss as a "go between" to discuss the hiring of Jeanna Postupac by MASD and the hiring of Vincent Scappe by BSD. At or about this same time, Postupac told BSD Board President Pander and another Member of the BSD Board that BSD would hire Scappe's son if MASD hired Postupac's daughter. After Vincent Scappe was not chosen for a second -round interview at BSD, Postupac used the authority of his public position as the BSD Superintendent to arrange for Vincent Scappe to be brought back for another interview. Scappe used the authority of his public position as an MASD Board Member to effectuate Jeanna Postupac's hiring by MASD by directing that she be hired and by making a motion and voting at an MASD Board meeting to approve personnel items that included her hiring. Thereafter, Vincent Scappe was hired by BSD. Based upon the totality of the circumstances in this case, it is clear Postupac understood that if he would use his public position with BSD to aid Vincent Scappe in obtaining employment with BSD, Scappe would use his public position with MASD to aid Jeanna Postupac in obtaining employment with MASD. This understanding reflected Postupac seeking improper influence as to Scappe's vote, official action or judgment with reflect to the hiring of Jeanna Postupac as well as accepting improper influence as to his own official action or judgment with reflect to the hiring of Vincent Scappe. Based upon the Consent Agreement, it appears that the parties are in agreement that Postupac's use of the authority of his public position with respect to the hiring of Vincent Postupac, 20-023 Page 54 Scappe ultimately caused Jeanna Postupac to realize a private pecuniary benefit in the nature of her employment with MASD. Based upon the Stipulated Findings and Consent Agreement, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Postupac's directing and influencing the hiring of an MASD Board Member's son to a full-time position as a teacher with BSD based on the understanding that this action would directly influence the MASD Board Member to take action resulting in the hiring of Postupac's daughter for a position of employment with MASD. We further hold that a violation of Sections 1 t03(b) and 1103(c) of the Ethics Act, 65 Pa.C.S. §§ 1103(b) and 1103(c), occurred in relation to Postupac's solicitation and acceptance of something of monetary value, specifically an offer from a Member of the MASD Board to hire his daughter at a time when Postupac was using the authority of his public position with BSD to influence the hiring of the MASD Board Member's son. Turning to the allegations regarding Postupac's SFIs, we agree with the parties, and we hold, that a violation of Sections 1105(b)(1), (5), and (6) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), (5), and (6), occurred in relation to Postupac's filing of deficient SFIs as follows: (1) In his various capacities with BSD, failing to identify his status and public offices/positions for calendar years 2016, 2017, 2018, and 2019 and failing to identify all reportable sources of income for calendar years 2016, 2017, and 2019; (2) As the Superintendent of WBCSD, failing to identify his status and public offices/positions for calendar years 2016, 2017, 2018, and 2019, failing to identify all reportable sources of income for calendar years 2015 and 2016, and failing to complete or otherwise disclose receipt of any gifts for calendar year 2019; and (3) As a Member of the CCBC Board of Trustees, failing to identify his status and public offices/positions for calendar years 2015, 2016, 2017, 2018, and 2019 and failing to identify all reportable sources of income for calendar years 2015, 2016, 2017, and 2019. As part of the Consent Agreement, Postupac has agreed to make payment in the amount of $750.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Postupac has agreed to not accept any reimbursement, compensation or other payment from BSD, WBCSD, or CCBC representing a full or partial reimbursement of the amount paid in settlement of this matter. Postupac has further agreed to file complete and accurate amended SFIs for calendar years 2016, 2017, 2018, and 2019 with BSD and for calendar years 2015, 2016, 2017, 2018, and 2019 with both WBCSD and CCBC, through this Commission, within thirty (30) days of the issuance of the final adjudication in this matter. Posttu ac, 20-023 Page 5 We determine that the Consent Agreement submitted by the parties sets forth a proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Postupac is 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. Per the Consent Agreement of the parties, Postupac is directed to not accept any reimbursement, compensation or other payment from BSD, WBCSD, or CCBC representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Postupac is directed to file complete and accurate amended Slits for calendar years 2016, 2017, 2018, and 2019 with BSD and for calendar years 2015, 2016, 2017, 2018, and 2019 with both WBCSD and CCBC, through this Commission, by no later than the thirtieth (30"') day after the mailing date of this adjudication and Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: In his capacities as: (1) the Substitute Superintendent, Acting Superintendent, or Superintendent of Blackhawk School District from at least June 1, 2016; (2) the Superintendent of Western Beaver County School District since 2008; and (3) a Member of the Community College of Beaver County Board of Trustees, Respondent Robert H. Postupac ("Postupac") has been a public official/public employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. 2. A violation of Section 1103(a) of the Ethics Act, 65 Pa. C.S. § 1103(a), occurred in relation to Postupac's directing and influencing the hiring of a Moon Area School District School Board Member's son to a full-time position as a teacher with Blackhawk School District based on the understanding that this action would directly influence the Moon Area School District School Board Member to take action resulting in the hiring of Postupac's daughter for a position of employment with Moon Area School District. A violation of Sections 1103(b) and 1103(c) of the Ethics Act, 65 Pa.C.S. §§ 1103(b) and 1103(c), occurred in relation to Postupac's solicitation and acceptance of something of monetary value, specifically an offer from a Member of the Moon Area School District School Board to hire his daughter at a time when Postupac was using the authority of his public position with Blackhawk School District to influence the hiring of the Moon Area School District School Board Member's son. Poste ac, 20-023 Page 6- 4. A violation of Sections 1105(b)(1), (5), and (6) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), (5), and (6), occurred in relation to Postupac's filing of deficient Statements of Financial Interests as follows: a. In his various capacities with Blackhawk School District, failing to identify his status and public offices/positions for calendar years 2016, 2017, 2018, and 2019 and failing to identify all reportable sources of income for calendar years 2016, 2017, and 2019; b. As the Superintendent of Western Beaver County School District, failing to identify his status and public offices/positions for calendar years 2016, 2017, 2018, and 2019, failing to identify all reportable sources of income for calendar years 2015 and 2016, and failing to complete or otherwise disclose receipt of any gifts for calendar year 2019; and C. As a Member of the Community College of Beaver County Board of Trustees, failing to identify his status and public offices/positions for calendar years 2015, 2016, 2017, 2018, and 2019 and failing to identify all reportable sources of income for calendar years 20t5, 2016, 2017, and 2019. In Re: Robert Postupac, pile Docket: 20-023 Respondent Date Decided: 4/12/23 : Date Mailed: 4/14/23 ORDER. NO. 1816 1, Robert H. Postupac ("Postupac"), a public official/public employee in his capacities as (1) the Substitute Superintendent, Acting Superintendent, or Superintendent of Blackhawk School District from at least rune 1, 2016; (2) the Superintendent of Western Beaver County School District since 2008; and (3) a Member of the Community College of Beaver County Board of Trustees, violated Section I. 103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), in relation to his directing and influencing the hiring of a Moon Area School District School Board Member's son to a full-time position as a teacher with Blackhawk School District based on the understanding that this action would directly influence the Moon Area School District School Board Member to tape action resulting in the hiring of Postupac's daughter for a position of employment with Moon Area School District. 2. A violation of Sections 1103(b) and 1103(c) of the Ethics Act, 65 Pa.C.S. §§ 1103(b) and 1103(c), occurred in relation to Postupac's solicitation and acceptance of something of monetary value, specifically an offer from a Member of the Moon Area School District School Board to hire his daughter at a time when Postupac was using the authority of his public position with Blackhawk School District to influence the hiring of the Moon Area School District School Board Member's son. A violation of Sections 1105(b)(1), (5), and (6) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), (5), and (6), occurred in relation to Postupac's filing of deficient Statements of Financial Interests as follows: a. In his various capacities with Blackhawk School District, failing to identify his status and public offices/positions for calendar years 2016, 2017, 2018, and 2019 and failing to identify all reportable sources of income for calendar years 2016, 2017, and 2019; b. As the Superintendent of Western Beaver County School District, failing to identify his status and public offices/positions for calendar years 2016, 2017, 2018, and 2019, failing to identify all reportable sources of income for calendar years 2015 and 2016, and failing to complete or otherwise disclose receipt of any gifts for calendar year 2019; and As a Member of the Community College of Beaver County Board of Trustees, failing to identify his status and public offices/positions for calendar years 2015, 2016, 201.7, 2018, and 2019 and failing to identify all reportable sources of income for calendar years 2015, 2016, 2017, and 2019. Postupac, 20-023 Page 58 4. Per the Consent Agreement of the parties, Postupac 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 (30"') day after the mailing date of this Order. 5. Per the Consent Agreement of the parties, Postupac is directed to not accept any reimbursement, compensation or other payment from Blackhawk School District, Western Beaver County School District, or Community College of Beaver County representing a full or partial reimbursement of the amount paid in settlement of this matter. 6. To the extent he has not already done so, Postupac is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2016, 2017, 2018, and 2019 with Blackhawk School District and for calendar years 2015, 2016, 2017, 2018, and 20t9 with both Western Beaver County School District and Community College of Beaver County, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order. 7. Compliance with paragraphs 4, 5, and 6 of this Order will result in the closing of this case with no further action by this Commission. a. Non-compliance will result in the institution of an order enforcement action. BY THE COMMISSION, ��l 2A LIS I it �" �� 4 Shelley Y. Si Chair