HomeMy WebLinkAbout1817 ScappePHONE: 717-781-1610 STATE ETHICS COMMISSION
TOLL. FREE: I FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, FIA 17120-0400
In Re: Mark Scappe, File Docket:
20-031
Respondent Order No.
1817
Date Decided:
4/12/23
Date Mailed:
4/14/23
Before: Shelley Y. Simms, Chair
Michael A. Schwartz, Vice Chair
Rhonda Hill Wilson
Paul E. Parsells
David L. Reddeeliff
This is a final adjudication of the State Ethics Commission.'
FACMILE: 717-787--0806
WEBSITE� -www.ethhcU3MK.)V
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 etM., 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.
I. ALLEGATIONS:
That Mark Scappe, a public official/public employee in his capacity as a Member of the
School Board ("Board") of Moon Area School District, violated Sections 1103(a), 1103(b),
1103(c), 1105(a), 1105(b)(1), and 1105(b)(8) of the Ethics Act:
(1) When he utilized the authority of his public position as a Board Member for the
pecuniary benefit of a member of his immediate family, specifically his son, by
offering or giving a position of employment to the daughter of an employee of
Blackhawk School District based on his understanding that the vote, official action,
or judgment of the Blackhawk, School District employee would be influenced
I Commissioner Robert P. CaRISO recused himself from this matter and did not participate in the deliberations
involving this case.
Scappe, 20-031
Page 2
thereby; specifically, that Scappe's son would be hired as a physical education
teacher at Blackhawk School District;
(2) When he solicited and/or accepted an offer by an employee of Blackhawk School
District to hire his son as an employee of Blackhawk School District, based on the
understanding that Scappe's vote, official action, or judgment would be influenced;
namely, to reciprocate by hiring the daughter of the Blackhawk School District
employee;
(3) When he filed deficient Statements of Financial Interests by failing to identify his
status and public offices/positions as a Board Member for Moon Area School
District and a Board Member for Moon Transportation Authority for calendar years
2015, 2016, 2017, 2018, and 2019; and
(4) When he filed deficient Statements of Financial Interests by failing to identify his
office, directorship, or employment in any business, namely Rhea Engineers &
Consultants, Inc. dba RB S Consultants, Inc., for calendar years 2015, 2016, 2017,
2018, and 2019.
II. FINDINGS:
1. Mark Scappe ("Scappe") has served on the School Board of Moon Area School District
("MASD") from December 7, 2015, through the present.
a. Scappe previously served on the Moon Area School District School Board ("Moon
Board") from December 1999 to November 2011.
b. Scappe has not held an office on the Moon Board during his current tenure on the
Moon Board.
2. MASD is a suburban public school district located in Allegheny County, Pennsylvania.
a. MASD is a Class 3 School District and is governed by a nine -Member School
Board.
b. MASD serves approximately 3,900 students from Moon and Crescent Townships
in grades K-12.
c. MASD employs approximately 300 teachers to serve the students.
d. MASD maintains seven buildings from which educational services are provided,
including McCormick Elementary, Richard J. Hyde Elementary, J.A. Allard
Elementary, Bone Meade Elementary, J.H. Brooks Elementary, Moon Area Middle
School, and Moon Area High School.
The Moon Board serves as the policy malting body for MASD.
Scams, 20-031
Page 3
4. The Moon Board routinely holds two public meetings a month, a regular meeting (aka
general business meeting) and a workshop meeting.
a. The regular meeting is held the second Monday of the month and the workshop
meeting is held the fourth Monday of the month.
b. Special meetings are held as necessary.
Voting can occur at the regular meeting, workshop meeting, and special meeting
after a motion is made and properly seconded.
Voting at Moon Board meetings occurs by a roll call vote.
MASD uses BoardDoes to create the agenda for the Moon Board meetings.
6. The meeting agenda and the Moon Board Members' meeting packets 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.
aa. The MASD Human Resources Manager provides the items in the
Personnel section of the agenda.
7. 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 #).
C. 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.
Sc pe, 20-031
Page 4
1. 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.
8. Vacant positions at MASD are posted in Applicant Tracking, and internal and external
individuals wanting to apply do so through Applicant Tracking on MASD's website.
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, resumes, 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 whether the applicants have the proper qualifications and certification(s)
for the position.
1. 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.
9. When hiring teachers, the interview team reviews the qualified applicants identified by the
MASD Human Resources Department and 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, individually takes notes, scores each candidate, and discusses the
candidates.
1. 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.
Scappe, 20-031
Page 5
In the second round, the interview team goes through the same process, and
a candidate is identified to be forwarded to the Superintendent for
recommendation to the Moon Board.
aa. Depending on the individual Superintendent, she/he may interview
the candidates before forwarding the recommendation to the Moon
Board.
The Moon Board routinely approves the hiring of whoever appears on the meeting
agenda to hire.
10. When hiring long-term 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 selects a long-term substitute from the prior school
year who he/she believes performed well and would be a good fit for the building.
If there are no prior year long-term substitutes or if the building principal
does not want to hire a previous long-term substitute, then the position is
posted on Applicant Tracking.
b. Individuals selected for long-term substitute positions are forwarded to the
Superintendent for recommendation to the Moon Board.
11. The interview team for open teaching positions may be comprised of building principals,
assistant principals, and position -specific teachers.
a. When there is an opening for an elementary school teacher, the principals of the
five elementary schools are the interview team, schedule permitting.
12. The Ethics Commission's investigation revealed the following information regarding the
hiring of Jeanna Postupac at MASD and Vincent Scappe at Blackhawk School District
(`BSD").
13. Jeanna Postupac is the daughter and immediate family member of Robert H. Postupac
("Postupac").
14. Postupac has been the Substitute Superintendent/Acting Superintendent/Superintendent of
BSD, Beaver County/Lawrence County, from at least June 1, 2016, until the present.
15. MASD did not post any long-term substitute teaching positions on Applicant Tracking for
the 2016-2017 school year.
SGa N, 20-031
Page 6
a. In the 2015-2016 school year MASD had at least four long-term substitutes and/or
building substitutes in the elementary schools.
16. 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.
17. 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.
18. On July 28, 2016, MASD Principal Moore asked MASD Human Resources Director Addy
for Misty Bennett's ("Bennett") telephone number so she could call her to meet with her
the next day.
a. Bennett had been a long-term substitute at MASD daring the 2015-2016 school
year.
19. 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.
20. 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.
b. Vincent Scappe graduated from Slippery Rock University in May 2012 with a
bachelor's degree in health and physical education.
Vincent Scappe's teaching experience consisted of work as a long-term
substitute in health/physical education at Montour School District from
2013 to 2016.
21. In a sworn statement given to Ethics Commission Investigators, MASD Acting
Superintendent Dr. Donna Milanovich ("Milanovich") stated the following:
a. In or about this timeframe, Scappe went to Milanovich's office and directed her to
hire Jeanna Postupac as a teacher with MASD.
b. At the time that Scappe directed Milanovich to hire Jeanna Postupac, the only
opening at MASD was the long-term substitute position at McCormick Elementary
School for which MASD Principal Moore believed Bennett to be the best fit.
Scaple, 20-031
Page 7
I . Milanovich agreed to hire Jeanna Postupac for that position.
G. Milanovich, based on prior interactions with Scappe, believed she had no choice
but to find a job for Jeanna Postupac.
d. After being directed by Scappe, Milanovich informed MASD Human Resources
Director Addy that Scappe gave her a directive to hire Jeanna Postupac.
As a result of Scappe's direction, Milanovich and Addy both understood
that they had to find a spot for Jeanna Postupac.
22. Scappe involved himself in directing the hiring of Jeanna Postupac with the understanding
that Postupac's actions as Superintendent of BSD would be influenced such that Vincent
Scappe would be hired as a teacher with BSD.
a. Vincent Scappe was an applicant for teaching positions with BSD at or about this
time.
23. After Scappe spoke with MASD Acting Superintendent Milanovich regarding his position
on hiring Jeanna Postupac, Vincent Scappe was scheduled for an additional interview by
BSD Principal Amy Anderson ("Anderson").
a. The second interview of Vincent Scappe occurred even though BSD's interviewing
committee determined that Vincent Scappe was not qualified for a second
interview.
b. Postupac was the only administrator who had the authority to direct Anderson to
schedule a second -round interview of Vincent Scappe after he had been eliminated
from consideration.
24. Jeanna Postupac electronically submitted an application to MASD for JobID #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.
25. 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).
26. Jeanna Postupac's application reflected that 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 Western Beaver County School District ("WBCSD") for 14 days
in May 2016.
Scapne, 20-031
Page S
b.
C.
Postupac was the Superintendent of WBCSD during the 2015-2016 school year
when Jeanna Postupac was employed as a day-to-day substitute.
WBCSD used Kelly Services for its day-to-day substitutes.
1. 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 -terra substitute experience when she submitted
an application for JobID #216 Substitute at District Wide, a day-to-day substitute
teaching position.
e. Jeanna Postupac was not employed in any professional teaching capacity at the time
she submitted her application to MASD.
27. On August 3, 2016, MASD Principal Moore recommended Bennett and Brenda Hall
("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, at
Hyde Elementary MASD, stating `Bill Addy called ... we are interviewing at
1:30pm."
28. Jeanna Postupac's phone records confirm she received two telephone calls from MASD on
Thursday, August 4, 2016:
Elapsed_
Call Date Time Time Initlatine # Caller End # Recipient
8/4/2016 2:56 p.m. 2 412.264.9440 MASD [redacted 1] J Postupac
9/4/2016 3:15 p.m. 2 412.264.9440 MASD [redacted 1] J Postupac
a. Jeanna Postupac maintained cellular telephone number [redacted 1 ] through
Verizon Wireless during this time.
29. MASD Acting Superintendent Milanovich called MASD Principal Moore and told Moore
she (Milanovich) had a Moon Board request she had to fill.
a. The Moon Board request referred to the directive of Scappe to hire Jeanna
Postupac.
30. On August 5, 2016, MASD Principal Moore arrived at MASD's Central Office expecting
to interview Bennett and/or Hall, but only Jeanna Postupac was present for an interview.
a. Neither Bennett nor Fall were ever interviewed even though they both were more
experienced candidates.
Scappe, 20-031
Page 9
31. 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 2].
1. Addy maintained cellular telephone number [redacted 2] at this time.
32. 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.
33. 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.
34. From August 2"d through 5"' a total of sixteen contacts or attempted phone contacts were
initiated between Scappe, Postupac, Moon Board Member Jerry Testa ("Testa'), and BSD
and MASD administrators involved in the hiring of Jeanna Postupac and Vincent Scappe
as detailed below:
Week Elapsed
Call Date Dav Time Time Initiating # Caller End # Reeir)ient
8/2/2016
Tues
8:14:54 a.m.
7:45
redacted 3
Anderson
redacted 41
Postupac
8/2/2016
Tues
8:26 a.m.
4:00
724.843.1700
BSD Highland
rredacted 51
Vincent
Scappe
8/2/2016
Tues
8:46:19 a.m.
1:42
redacted 6
Scappe
redacted 71
Testa
8/3/2016
Wed
9:39 p.m,
25
redacted 7
Testa
rredacted 81
Kaszer
8/4/2016
Thurs
12:16:07 p.m.
0:34*
rredacted 6
Scappe
redacted 91
Milanovich
8/4/2016
Thurs
3:45:50 p.m.
0:31 *
redacted 6
Scappe
Fredacted 41
Postupac
8/4/2016
Thurs
3:47:00 p.m.
0:03*
rredacted 61
Scappe
redacted 4
POstu ac
8/4/2016
Thurs
3:47:15 p.m.
0:03*
redacted 6
Scappe
rredacted 41
Postupac
8/4/2016
Thurs
3:47:46 p.m.
0:03*
rredacted 61
Scappe
redacted 41
Postupac
8/4/2016
Thurs
3:47:57 pan.
0:01 *
redacted 6
Scappe
Fredacted 4
Postupac
8/4/2016
Thurs
3:48:11 p.m.
0:04*
redacted 6
Scappe
redacted 4
Postu ac
8/4/2016
Thurs
3:48:44 p.m.
0:05*
redacted 6
Scappe
Fredacted 10
Weiss
8/4/2016
Thurs
3:49:08 p.m.
9:56
redacted 61
Scappe
jpedacted 4
Postupac
8/4/2016
Thurs
4:18:01 p.m.
0:00*
redacted 41
Postupac
redacted 61
Scappe
8/5/2016
Fri
1:45 p,m,
3:00
redacted 3
Anderson
rredacted 51
Vincent
1 Scappe
8/5/2016
Fri
3:59 .m.
3:00
redacted 2
Addyredacted
11
1 J Postupac
*Indicates call went to voicemail
Scappe, 20-031
Page ] 0
a. Milanovich maintained cellular telephone number [redacted 9] 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.
The first six calls went to voicemail.
e. 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.
35. 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.
36. 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 that the
meeting ended at approximately 7:50 p.m. and was approximately 48.58 minutes in
duration.
a. Three minutes after the Moon Board meeting concluded on August 8, 2016, Scappe
texted Postupac at 7:53:09 p.m, on August 8, 2016.
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 08:42:26 p.m.
on August 8, 2016.
37. Jeanna Postupac met with MASD Human Resources Director Addy at his office on August
12, 2016.
Scappe, 20-031
Page 11
a. On August 12, 2016, Addy completed the Moon Area Schools New Employee
Information, which included Jeanna Postupac's personal and professional
information, and 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's vote to hire her.
Elapsed
Call Date Time Time Initiating # Caller End # Recipient
8/11/2016 2:41 p.m. 5 [redacted 1] J Postupac 412.264.9440 MASD
8/16/2016 9:28 a.m. 2 [redacted 1] J Postupac 412.264.9440 MASD
38. 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.
39. 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.
40. Prior to the start of the 2016-2017 school year, there were two vacancies for a physical
education/health teacher at Highland Middle School.
41. BSD Principal 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, Melissa (Missy) Delmonico ("Delmonico"), Secretary to the
Superintendent, publicized this internal posting by sending an email to Blackhawk
Education Association members with the following job posting: "Teacher —
Highland Middle School Health and Physical Education — 6th, 7th, and 8th grades."
42. Vincent Scappe was one of the applicants for the physical education position publicly
posted by BSD on or about July 7, 2016.
a. Vincent Scappe hand -delivered his resume for a position as a physical education
teacher at BSD to the BSD Central Office.
1. Included with Vincent Scappe's resume was a letter addressed to BSD
Superintendent Dr. Robert Postupac, dated July 11, 2016.
Scappe, 20-031
Page 12
b. Records maintained by Delmonico confirm receipt of Vincent Scappe's resume by
at least July 16"', if not earlier.
43. Vincent Scappe is the son and immediate family member of Scappe.
a. Scappe has served on the Moon Board since December 7, 2015.
44. Vincent Scappe maintained cellular telephone number [redacted 5] with Verizon Wireless
at that time.
45. Beginning July 11, 2016, and around the time that Vincent Scappe hand -delivered his
resume to BSD, and continuing until July 21, 2016, a series of telephone calls occurred
among Moon Board Members Scappe and Testa, MASD Principal Barry Balaski
("Balaski"), Blackhawk School District School Board ("Blaelchawk Board") Member
Mary Kaszer ("Kaszer"), and BSD Principal Anderson as outlined below:
Week
Elapse
apsed
Call Date
Day
Time
Time
Initiatina #
Caller
End #
Recipient
7/11/2016
Mon
4:57:29 p.m.
1:42
[redacted 61
Scappe MASD BMbr
[redacted I I]
Balaski MASD Admnstr
7/12/2016
Tues
10:24:30 a.m.
0:00
[redacted 11]
Balaski MASD Admnstr
[redacted 6]
Scappe MASD BMbr
7/12/2016
Tues
10:24:37 a.m.
0:00
[redacted 11]
Balaski MASD Admnstr
[redacted 6]
Scappe MASD BMbr
7/12/2016
Tues
10:24:39 a.m.
0:03*
[redacted I I]
Balaski MASD Admnstr
[redacted 6]
Scappe MASD BMbr
7/12/2016
Tues
10:52:59 a.m.
0:27
[redacted 11]
Balaski MASD Admnstr
[redacted 6]
Scappe MASD BMbr
7/12/2016
Tues
11:18:39 a.m.
0:52
[redacted 6]
Scappe MASD BMbr
[redacted 7]
Testa MASD BMbr
7/12/2016
Tues
7:56 p.m.
1:00
[redacted 8]
Kaszer BSD BMbr
[redacted 7]
Testa MASD BMbr
7/12/2016
Tues
7:58 p.m.
32:00
[redacted 8]
Kaszer BSD BMbr
[redacted 71
Testa MASD BMbr
7/12/2016
Tues
8:31:52 p.m.
7:16
[redacted 7]
Testa MASD BMbr
[redacted 61
Scappe MASD BMbr
7/21/2016
Thurs
5:23:09 p.m.
0:05
[redacted I I]
Balaski MASD Admnstr
[redacted 31
Anderson BSD Admnstr
7/21/2016
Thurs
5:23:59 p.m.
5:11
[redacted 3]
Anderson BSD Admnstr
[redacted 111
Balaski MASD Admnstr
7/21/2016
Thurs
6:07:26 p.m.
5:06
[redacted 11]
Balaski MASD Admnstr
[redacted 6]
Scappe MASD BMbr
* Indicates the
call went to voicemail
Key
Barry
redacted 6
Mark Scappe
redacted
11 I Balaski
rredacted 31 Amy Anderson
[redacted 71
Jerry Testa
[redacted
8] 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 11 ] with AT&T during
this time.
b. Scappe maintained cellular telephone number [redacted 6] with AT&T at that time.
Scappe, 20-031
Page 13
C. Kaszer was a Member of the Blackhawk Board from December 2015 until
November 2017.
1. Kaszer maintained cellular telephone number [redacted 8] with Verizon
Wireless at that time.
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.
1. Testa used cellular telephone number [redacted 7] 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 31 with Verizon
Wireless at that time.
46. 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.
47. 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.
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.
l . 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.
48. 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.
Scappe, 20-031
Page 14
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.
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 7] to talk
on a couple of issues.
1. Testa and Kaszer have been long-time 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
E1al sed
Call Date
Day
Time
Time
Initiating #
Caller
End #
Recent
7/11/2016
Mon
2:23:16 p.m.
0:05
[redacted 6]
Scappe MASD BMbr
[redacted 7]
Testa MASD BMbr
7/11/2016
Mon
2:41:14 p.m.
4:52
[redacted 7]
Testa MASD BMbr
[redacted 61
Scappe MASD BMbr
7/12/2016
Tues
9:01:33 a.m.
9:15
[redacted 7]
Testa MASD BMbr
[redacted 6]
Scappe MASD BMbr
7/12/2016
Tues
11:18:39 a.m.
0:52
[redacted 6]
Scappe MASD BMbr
[redacted 7]
Testa MASD BMbr
7/12/2016
Tues
4:13:52 p.m.
0:33
[redacted 61
Scappe MASD BMbr
[redacted 71
Testa MASD BMbr
7/12/2016
Tues
7:56 a.m.
1:00
[redacted 8]
Kaszer BSD BMbr
[redacted 71
Testa MASD BMbr
7/12/2016
Tues
7:58 p.m.
32:00
[redacted 8]
Kaszer BSD BMbr
[redacted 71
Testa MASD BMbr
7/12/2016
Tues
8:31:52 a.m.
7:16
[redacted 7]
Testa MASD BMbr
[redacted 61
Scappe MASD BMbr
49. Approximately 20 minutes after receiving Testa's July 12"' email, Blackhawk Board
Member Kaszer called Moon Board Member 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.
Scanne, 20-031
Page 15
50. 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.
51. 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.
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 pan.
0:02
[redacted 61
Scappe
[redacted 5]
V Scappe
7/12/2016
Tues
9:45:08 p.m.
0:02
[redacted 61
Scappe
[redacted 5]
V Scappe
7/12/2016
Tues
8:46:31 p,m.
0:02
[redacted 61
Scappe
[redacted 5]
V Scappe
7/12/2016
Tues
8:47:10 p.m.
0:00
[redacted 6]
Scappe
[redacted 5]
V Scappe
7/12/2016
Tues
8:47:21 p.m.
0:04
[redacted 6]
Scappe
[redacted 5]
V Scappe
7/12/2016
Tues
8:47:43 p.m.
0:02
[redacted 61
Scappe
[redacted 5]
V Scappe
7/12/2016
Tues
8:48:13 p.m.
0:04
[redacted 6]
Scappe
[redacted 5]
V Scappe
7/12/2016
Tues
8:48:25 p.m.
0:02
[redacted 61
Scappe
[redacted 5]
V Scappe
7/12/2016
Tues
8:49:01 p.m.
0:02
[redacted 6]
Scappe
[redacted 51
V Scappe
7/t2/2016
Tues
8:55:36 p.m.
2:03
[redacted 6]
Scappe
[redacted 51
V Scappe
52. 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 Ethics 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.
53. 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 Balaski'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.
sS_ p e, 20-031
Page 16
C. Balaski stated that he was not recommending Vincent Scappe, nor was he asking
Anderson to hire him.
d. Anderson implied to Balaski that she was willing to give Vincent Scappe an
interview.
54. 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.
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.
55. Three days after BSD officials were contacted by MASD officials 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.
1. 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.
56. 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.
a. 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.
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.
Scappe, 2 0 - 0 3 1
Page 17
57. 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.
58. Sometime after the first -round interview, Scappe told MASD Principal Balaski that
Vincent Scappe did not get a second -round interview, and he asked Balaski to tell his
friend, BSD Principal Anderson, to hire him.
a. Balaski refused Scappe's request.
59. 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.
60. 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 fast -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.
61. 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.
Scappe, 20-031
Page 18
62. On July 29, 2016, 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
Goehring.
a. The three scheduled interviews were in 30-minute increments with the first
interview starting at 5:00 p.m.
b. Vincent Scappe's name was not on this schedule for the third round of interviews.
63. Between July 28, 2016, and July 29, 2016, after BSD finished conducting the second -
round 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 12] with Verizon Wireless
at that time.
C. Scappe called Pander on July 28, 2016, and July 29, 2016.
1. 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.
64. 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 pal Time Tune Initiating # Caller End # Recipient
7/28/2016 Thurs 1:54:12 p.m. 0:43 [redacted 6] Scappe [redacted 12] Pander
7/29/2016 Fri 11:51:35 a.m. 0:49 [redacted 6] Scappe [redacted 121 Pander
7/29/2016 Fri 1:17.08 p.m. 7:49 [redacted 12] Pander [redacted 61 Scappe
65. 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.
Scappe, 20-031
Page 19
This phone call lasted over seven minutes due to what Pander described to
Ethics Commission Investigators as Scappe's persistence that Pander had
the ability as the 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.
66. 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.
67. Helsing was a Blackhawk Board Member and member of the Personnel Committee during
August 2016.
a. Helsing informed Ethics 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 part of
the second round of interviews.
b. No member of the Personnel Committee requested that Vincent Scappe 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.
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.
Helsing believed that other members of the Personnel Committee were also
aware of Postupac's daughter's job prospects with MASD.
Sc�e, 2 0 - 0 3 1
Page 20
e. 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.
f. Helsing believed at least two of the other applicants were stronger candidates than
Vincent Scappe.
68. 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.
69. At Postupac'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 3`d) 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.
70. Postupac's cellular phone records confirm the following interactions between Postupac and
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 4] Postupac [redacted 3] Anderson
8/2/2016 8:03:23 a.m. 0:07* [redacted 31 Anderson [redacted 4] Postupac
8/2/2016 8:14:54 a.m. 7:45 [redacted 3] Anderson [redacted 4] Postupac
* Indicates call went to voicemail
71. Postupac has maintained a personal cellular telephone number of [redacted 4] through
AT&T since at least 2005.
72, 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.
Scapp ,20-031
Page 21
Call Elapsed
Date Time Time Initiatine# Caller
BSD Highland
8/2/2016 8:26 a.m. 4 724.843.1700 MS
8/2/2016 8:30 a.m. 2 [redacted 5] V Scappe
End # Recipient
[redacted 5] V Scappe
[redacted 61 Scappe
a. Anderson's work number is 724.843.1700, the number for Highland Middle
School.
73. 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-I2.
b. Anyone interested was to respond to Delmonico via email by 3:00 p.m., on August
9, 2016.
C. According to the Blackhawk Education Association 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.
74. 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.
1. 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, based
on his understanding that Scappe would reciprocate and direct the hiring of
Postupac's daughter by MASD.
75. In or about the timeframe that Postupac arranged for the interview of Vincent Scappe,
Scappe, in his capacity as a Moon Board Member, met with MASD Acting Superintendent
Milanovich and provided her with Jeanna Postupac's name.
a. In a sworn statement to Ethics Commission Investigators, Milanovich testified that
she believed this to be a directive to hire Jeanna Postupac.
76. 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.
77. 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,
Scappe, 20-03 1
Page 22
78. 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
Initiatin #
Caller
End #
Recipient
8/5/2016
Fri
1:44 p.m,
1
redacted 3
Anderson
rredacted 131
C Free el
8/5/2016
Fri
1:45 p.m.
3
redacted 31
Anderson
redacted 51
V Scappe
8/5/2016
Fri
1:48 p.m.
l
redacted 3
Anderson
rredacted 131
C Fren el
8/5/2016
Fri
2:13 p.m.
4
redacted 3
Anderson
redacted 13
C Fren el
8/6/2016
Sat
9:19 p.m.
S
redacted 31
Anderson
rredacted 141
B Kwolek
8/6/2016
Sat
9:24 p.m.
2
rredacted 31
Anderson
redacted 15
S Brown
79. 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, 20t6, between 12:53 p.m. and 12:54
p.m.
80. 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."
1. 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.
Scappe, 20-031
Page 23
81. 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 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 2016-17 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.
82. 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 (240.998.5490).
83. Vincent Scappe received a telephone tali from Highland Middle School (724.843.1700)
on August 9, 2016, at 4:07 p.m., which lasted approximately ten minutes.
a. BSD Principal Anderson contacted Frengel at 4:18 p.m. on August 9, 2016.
84. On August 10, 2016, at 2:20:09 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.
85. 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."
b. The Blacldiawk Board voted to hire Vincent Scappe and Frengel, each at a salary
of $50,592 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.
Scappe, 20-031
Page 24
86. 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.
87. 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.
88. Vincent Scappe received compensation from BSD, initially as a middle school health and
physical education teacher for the 2016-2017 school year and then later as an elementary
physical education teacher beginning with the 2019-2021 school year.
89. 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 1 SE 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.
90. 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 I I05(b)(10) identify specific information to be
disclosed as well as exceptions to disclosure requirements when applicable.
I. Section 1105(b)(1) directs the disclosure of the individual's name, address,
and public position.
2. Section 1105(b)(8) directs the disclosure of any office, directorship or
employment of any nature whatsoever in any business entity.
91. Scappe, as a Member of the Moon Board, was required to file SFIs annually for each
calendar year in which he held the position.
92. On December 21, 2020, SFIs for calendar years 2015, 2016, 2017, 2018, and 2019 were
provided by MASD to Investigators for the Ethics Commission.
a. Included were SFIs filed by Scappe.
b. Scappe filed SFIs with MASD as follows:
Calendar
Year Date Filed
Scappe, 20-031
Page 25
2015
01/08/2016
2016
01 /24/2017
2017
01 /25/2018
2018
01/28/2019
2019
01/14/2020
93. SFls filed by Scappe in his capacity as a Member of the Moon Board contained deficiencies
as outlined below:
Calendar
Year Deficiency
Box 04A and 04B (Public Position or Public Office) Scappe identified the "Moon
Area School Board" and "Moon Transportation Authority" but failed to identify his
exact public positions.
2015
Box 05A (Governmental Entity) Scappe identified the governmental entity as "Moon
Transportation" but not as "Moon Transportation Authority."
Box 13 (Office, Directorship or Employment in Any Business) Scappe identified
Rhea Engineers & Consultants, Inc. dba RBS Consultants, Inc.in Box 10 (Direct or
Indirect Sources of Income) but failed to include the same employment in Box 13,
Box 04A and 04B (Public Position or Public Office) Scappe identified the "Moon
Area School Board" and "Moon Transportation Authority" but failed to identify his
2016
exact public positions.
Box 13 (Office, Directorship or Employment in Any Business) Scappe identified
Rhea Engineers & Consultants, Inc. dba RBS Consultants, Inc.in Box 10 (Direct or
Indirect Sources of Income) but failed to include the same employment in Box 13.
Box 04A and 04B (Public Position or Public Office) Scappe identified the "Moon
Area School Board" and "Moon Transportation Authority" but failed to identify his
2017
exact public positions.
Box 13 (Office, Directorship or Employment in Any Business) Scappe identified
Rhea Engineers & Consultants, Inc. dba RBS Consultants, Inc.in Box 10 (Direct or
Indirect Sources of Income) but failed to include the same employment in Box 13.
Box 04A and 04B (Public Position or Public Office) Scappe identified the "Moon
Area School Board" and "Moon Transportation Authority" but failed to identify his
2018
exact public positions.
Box 13 (Office, Directorship or Employment in Any Business) Scappe identified
Rhea Engineers & Consultants, Inc. dba RBS Consultants, Inc.in Box 10 (Direct or
Indirect Sources of Income) but failed to include the same employment in Box 13.
Box 04A and 04B (Public Position or Public Office) Scappe identified the "Moon
Area School Board" and "Moon Transportation Authority" but failed to identify his
2019
exact public positions.
Box 13 (Office, Directorship or Employment in Any Business) Scappe identified
Rhea Engineers & Consultants, Inc, dba RBS Consultants, Inc.in Box 10 (Direct or
Indirect Sources of Income) but failed to include the same employment in Box 13.
94. On November 18, 2021, Scappe filed amended SFIs for calendar years 2015, 2016, 2017,
2019, and 2019 that cured the deficiencies in the original SFIs.
III. DISCUSSION:
Scappe, 20-031
Page 26
As a Member of the School Board ("Board") of Moon Area School District from December
7, 2015, through the present, Respondent Mark Scappe ("Scappe") has been a public official
subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S.
§ 1101 et seq.
The allegations are that Scappe violated Sections 1103(a), 1103(b), 1103(c), 1105(a),
1105(b)(1), and 1105(b)(8) of the Ethics Act:
(1) WIZen he utilized the authority of his public position as a Board Member for the
pecuniary benefit of a member of his immediate family, specifically his son, by
offering or giving a position of employment to the daughter of an employee of
Blackhawk School District based on his understanding that the vote, official action,
or judgment of the Blackhawk School District employee would be influenced
thereby; specifically, that Scappe's son would be hired as a physical education
teacher at Blackhawk School District;
(2) When he solicited and/or accepted an offer by an employee of Blackhawk School
District to hire his son as an employee of Blackhawk School District, based on the
understanding that Scappe's vote, official action, or judgment would be influenced;
namely, to reciprocate by hiring the daughter of the Blackhawk School District
employee;
(3) When he filed deficient Statements of Financial Interests ("SFIs") by failing to
identify his status and public offices/positions as a Board Member for Moon Area
School District and a Board Member for Moon Transportation Authority for
calendar years 2015, 2016, 2017, 2018, and 2019; and
(4) When he filed deficient SFIs by failing to identify his office, directorship, or
employment in any business, namely Rhea Engineers & Consultants, Inc. dba RBS
Consultants, Inc., for calendar years 2015, 2016, 2017, 2018, and 2019.
Per the Consent Agreement, it appears that the Investigative Division in the exercise of its
prosecutorial discretion has elected to nolle pros the allegation under Section 1105(a) of the Ethics
Act. We therefore need not address that allegation.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
.Scapp.e, 20-031
Page 27
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:
§ 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.
Scappe, 20-031.
Page 28
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. § 1.103(c).
Section 1105(b) of the Ethics Act and its subsections detail the information that a person
required to file the SFI form must disclose.
Section 1105(b)(1) of the Ethics Act requires the filer to disclose on the SFI his name,
address, and public position.
Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the SFI any office,
directorship or employment in any business entity.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission.
We shall now summarize the relevant facts as contained therein.
Moon Area School District ("MASD") is located in Allegheny County, Pennsylvania, and
it serves students from Moon and Crescent Townships. MASD is governed by a nine -Member
Board ("MASD Board"). Scappe has served on the MASD Board since December 7, 2015.
Vincent Scappe is Scappe's son. Vincent Scappe was a long-term substitute teacher in
physical education and health at Montour School District from 2013 until 2016, when his position
Was eliminated.
Prior to the start of the 2016-2017 school year, there were two vacancies for a health and
physical education teacher at Highland Middle School in Blackhawk School District ("BSD"). On
or about July 16, 2016, Vincent Scappe hand -delivered his r6sume to the Central Office of BSD
for a position as a health and physical education teacher.
Sca e, 20-031
Page 29
Amy Anderson ("Anderson" or "BSD Principal Anderson") has been the Principal of
BSD's Highland Middle School since 2015. Several days before Vincent Scappe delivered his
resume 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. Anderson implied that she was willing to give Vincent Scappe an interview. Scappe
also asked MASD Board Member Jerry Testa ("Testa"), who knew BSD School Board ("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 BSD Superintendent Robert H. Postupac ("Postupac"), for a teaching
position. 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 BSD Principal 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 teaching position sought by Vincent Scappe.
After BSD finished conducting the second round of interviews, Scappe contacted the BSD
Board President, Perry Pander ("Pander" or "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 a position, 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, he 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. 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.
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
,Scappe, 20-031
Page 30
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 Vincent Scappe and
the three candidates who were originally scheduled for third -round interviews. Vincent Scappe
was included in the third round of interviews only as a result of Postupac's direction that he be
interviewed.
On August 9, 2016, Postupac's secretary emailed an agenda to the BSD Board for its
August 11, 2016, meeting that 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 $50,592 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 in for
an additional interview at BSD, 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 working
as a substitute teacher for Western Beaver County School District in May 2016.
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
Addy ("MASD Human Resources Director Addy") that Scappe gave her a directive to hire Jeanna
Postupac. 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.
On August 3, 2016, Julie Moore ("Moore"), Principal of McCormick Elementary School,
recommended Misty Bennett ("Bennett") or 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
Scanne, 20-031
Page 31
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. At the June 12, 2017, meeting of the MASD Board, Jeanna Postupac was
hired as a permanent teacher on a motion made by Scappe.
Scanne's SFIs
As a Member of the MASD Board, Scappe is annually required to file an SFI by May 1
containing information for the prior calendar year. On December 21, 2020, MASD provided
Ethics Commission Investigators with SFIs for Scappe for calendar years 2015, 2016, 2017, 2018,
and 2019.
On each of his SFIs, Scappe listed "Moon Area School Board" and "Moon Transportation
Authority" in Block 04 (Public Office or Public Employment) and did not specifically identify his
public offices as a Member of the MASD Board and a Member of the Moon Transportation
Authority Board. Although Scappe listed Rhea Engineers & Consultants, Inc. dba RBS
Consultants, Inc. as a direct or indirect source of income in Block 10 of each SFI, he failed to
disclose his employment with Rhea Engineers & Consultants, Inc. dba RBS Consultants, Inc. in
Block 13 (Office, Directorship or Employment in any Business) of each SFI. On November 18,
2021, Scappe filed amended SFIs for calendar years 2015, 2016, 2017, 2018, and 2019 that cured
the deficiencies in his original SFIs.
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:
The Investigative Division will recommend the following in relation
to the above allegations:
a. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Scappe used his public
office to offer/give a position of employment to the
daughter of an employee of Blackhawk School
District based on the understanding that the vote,
official action, or judgment of the Blackhawk School
District Superintendent would be influenced thereby
and a private pecuniary benefit would be obtained for
his immediate family member, specifically his son.
Scappe, 20-031
Page 32
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 when
Scappe sought and/or accepted an offer by an
employee of Blackhawk School District to hire
Scappe's son as an employee of Blackhawk School
District, based on his understanding that his vote,
official action, or judgment would be influenced;
namely, to reciprocate by hiring the daughter of the
Blackhawk School District employee.
C. That a violation of Section 1105(b)(1) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1105(b)(1), occurred when Scappe filed deficient
Statements of Financial Interests by identifying the
"Moon Area School Board" and "Moon
Transportation Authority" instead of specifically
identifying his status and public offices/positions as
a Member of the Moon Area School District School
Board and a Member of the Moon Transportation
Authority Board for calendar years 2015, 2016,
2017, 2018, and 2019.
d. That a violation of Section 1105(b)(8) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1105(b)(8), occurred when Scappe filed deficient
Statements of Financial Interests by identifying Rhea
Engineers & Consultants, Inc. dba RBS Consultants,
Inc. in Block 10 (Direct or Indirect Sources of
Income) but failing to include the same in Block 13
to identify his office, directorship, or employment
with Rhea Engineers & Consultants, Inc. dba RBS
Consultants, Inc. for calendar years 2015, 2016,
2017, 2018, and 2019.
4. Scappe 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. Scappe, on November 18, 2021, filed complete and accurate
amended Statements of Financial Interests with Moon Area School
District for calendar years 2015, 2016, 2017, 2018, and 2019.
Scappe, 20-031
Page 33
6. Scappe agrees to not accept any reimbursement, compensation or
other payment from Moon Area School District representing a full
or partial reimbursement of the amount paid in settlement of this
matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other authority
to take action in this matter. Such, however, does not prohibit the
Commission from initiating appropriate enforcement actions in the
event of 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 Scappe's son, Vincent Scappe, was seeking employment in a teaching
position with BSD, Jeanna Postupac, the daughter of BSD Superintendent Postupac, was seeking
employment in a teaching position with MASD. After Vincent Scappe was not chosen for a
second -round interview with BSD, Scappe contacted Blackhawk Board President Pander to solicit
support for the hiring of his son. When Pander informed Postupac that an MASD Board Member
had asked if his son could get an interview with BSD, Postupac told Pander, "I will do better than
that, if he hires my daughter, and I mean full-time, I'll get his son a job." Thereafter, Scappe
directed the MASD Acting Superintendent to hire Jeanna Postupac. Scappe directed the hiring of
Jeanna Postupac with the understanding that Postupac's actions as the BSD Superintendent would
be influenced such that Vincent Scappe would be hired as a teacher with BSD.
At or about the same time that Scappe directed that Jeanna Postupac be hired by MASD,
Postupac used the authority of his public position as the BSD Superintendent to direct that Vincent
Scappe, 20-031
Page 34
Scappe be brought back for an additional interview with BSD. On August 8, 2016, Scappe made
a motion and voted at an MASD Board meeting to approve personnel items that included the hiring
of Jeanna Postupac as a long-term substitute at MASD for the 2016-2017 school year. On August
11, 2016, Vincent Scappe was hired as a health and physical education teacher at BSD for the
2016-2017 school year.
Based upon the totality of the circumstances in this case, it is clear Scappe understood that
if he would use his public position with MASD to aid Jeanna Postupac in obtaining employment
with MASD, Postupac would use his public position with BSD to aid Vincent Scappe in obtaining
employment with BSD. This understanding reflected Scappe seeking improper influence as to
Postupac's official action or judgment with reflect to the hiring of Vincent Scappe as well as
accepting improper influence as to his own vote, official action or judgment with reflect to the
hiring of Jeanna Postupac. Based upon the Consent Agreement, it appears that the parties are in
agreement that Scappe's use of the authority of his public position with respect to the hiring of
Jeanna Postupac ultimately caused Vincent Scappe to realize a private pecuniary benefit in the
nature of his employment with BSD.
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 when Scappe used his public
office to offer/give a position of employment to the daughter of a BSD employee, namely, the
BSD Superintendent, based on the understanding that the vote, official action, or judgment of the
BSD Superintendent would be influenced thereby and a private pecuniary benefit would be
obtained for his immediate family member, specifically his son.
We further hold that a violation of Sections 1103(b) and 1103(c) of the Ethics Act, 65
Pa.C.S. §§ 1103(b) and 1103(c), occurred when Scappe sought and/or accepted an offer by an
employee of BSD to hire Scappe's son as an employee of BSD based on his understanding that his
vote, official action, or judgment would be influenced; namely, to reciprocate by hiring the
daughter of the BSD employee.
Turning to the allegations regarding Scappe's SFIs, we agree with the parties, and we hold,
that: (1) a violation of Section I I05(b)(1) of the Ethics Act, 65 Pa.C.S. § 1105(b)(1), occurred
when Scappe filed deficient SFIs by identifying the "Moon Area School Board" and "Moon
Transportation Authority" instead of specifically identifying his status and public offices/positions
as a Member of the MASD Board and a Member of the Moon Transportation Authority Board for
calendar years 2015, 2016, 2017, 2018, and 2019; and (2) a violation of Section 1105(b)(8) of the
Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred when Scappe filed deficient SFIs by identifying
Rhea Engineers & Consultants, Inc. dba RBS Consultants, Inc. in Block 10 (Direct or Indirect
Sources of Income) but failing to include the same in Block 13 to identify his office, directorship,
or employment with Rhea Engineers & Consultants, Inc. dba RBS Consultants, Inc. for calendar
years 2015, 2016, 2017, 2018, and 2019.
As part of the Consent Agreement, Scappe 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. Scappe has further agreed
Scappe, 20-031
Page 35
to not accept any reimbursement, compensation or other payment from MASD representing a full
or partial reimbursement of the amount paid in settlement of this matter.
We determine that the Consent Agreement submitted by the parties sets forth a proper
disposition for this case, based upon our review as reflected in the above analysis and the totality
of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Scappe 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 (30'h) day after the mailing date of this adjudication
and Order.
Per the Consent Agreement of the parties, Scappe is directed to not accept any
reimbursement, compensation or other payment from MASD representing a full or partial
reimbursement of the amount paid in settlement of this matter,
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:
As a Member of the School Board of Moon Area School District since December 7, 2015,
Respondent Mark Scappe ("Scappe") has been a public official subject to the provisions of
the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et SeMC .
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S, § 1103(a), occurred when
Scappe used his public office to offer/give a position of employment to the daughter of a
Blackhawk School District employee, namely, the Blackhawk School District
Superintendent, based on the understanding that the vote, official action, or judgment of
the Blackhawk School District Superintendent would be influenced thereby and a private
pecuniary benefit would be obtained for his immediate family member, specifically his
son.
3. A violation of Sections 1103(b) and 1103(c) of the Ethics Act, 65 Pa.C.S. §§ 1103(b) and
1103(c), occurred when Scappe sought and/or accepted an offer by an employee of
Blackhawk School District to hire Scappe's son as an employee of Blackhawk School
District, based on his understanding that his vote, official action, or judgment would be
influenced; namely, to reciprocate by hiring the daughter of the Blaclhawk School District
employee.
4. A violation of Section 1105(b)(1) of the Ethics Act, 65 Pa.C.S. § 1105(b)(1), occurred
when Scappe filed deficient Statements of Financial Interests by identifying the "Moon
Area School Board" and "Moon Transportation Authority" instead of specifically
identifying his status and public offices/positions as a Member of the Moon Area School
District School Board and a Member of the Moon Transportation Authority Board for
calendar years 2015, 2016, 2017, 2018, and 2019.
Scauue, 20-031
Page 36
5. A violation of Section 1105(b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred
when Scappe filed deficient Statements of Financial Interests by identifying Rhea
Engineers & Consultants, Inc. dba RBS Consultants, Inc. in Block 10 (Direct or Indirect
Sources of Income) but failing to include the same in Block 13 to identify his office,
directorship, or employment with Rhea Engineers & Consultants, Inc. dba RBS
Consultants, Inc. for calendar years 2015, 2016, 2017, 2018, and 2019.
In Re: Mark Scappe,
Respondent
File Docket.
20-031
Date Decided:
4/12/23
Date Mailed:
4/14/23
ORDER NO. 1817
1. A violation of Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa.C.S. § 1103(a), occurred when Mark Scappe ("Scappe") used his public office
as a Member of the School Board of Moon Area School District to offer/give a position of
employment to the daughter of a Blackhawk School District employee, namely, the
Blackhawk School District Superintendent, based on the understanding that the vote,
official action, or judgment of the Blackhawk School District Superintendent would be
influenced thereby and a private pecuniary benefit would be obtained for his immediate
family member, specifically his son.
2. A violation of Sections 1103(b) and 1103(c) of the Ethics Act, 65 Pa.C.S. §§ I I03(b) and
1103(c), occurred when Scappe sought and/or accepted an offer by an employee of
Blackhawk School District to hire Scappe's son as an employee of Blackhawk School
District, based on his understanding that his vote, official action, or judgment would be
influenced; namely, to reciprocate by hiring the daughter of the Blackhawk School District
employee.
3. A violation of Section 1105(b)(1) of the Ethics Act, 65 Pa.C.S. § 1105(b)(1), occurred
when Scappe filed dercient Statements of Financial Interests by identifying the "Moon
Area School Board" and "Moon Transportation Authority" instead of specifically
identifying his status and public offices/positions as a Member of the Moon Area School
District School Board and a Member of the Moon Transportation Authority Board for
calendar years 2015, 2016, 2017, 2018, and 2019.
4. A violation of Section 1105(b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred
when Scappe filed deficient Statements of Financial Interests by identifying Rhea
Engineers & Consultants, Inc. dba RBS Consultants, Inc. in Block 10 (Direct or Indirect
Sources of Income) but failing to include the same in Block 13 to identify his office,
directorship, or employment with Rhea Engineers & Consultants, Inc. dba RBS
Consultants, Inc. for calendar years 2015, 2016, 2017, 2018, and 2019.
5. Per the Consent Agreement of the parties, Scappe 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.
6. Per the Consent Agreement of the parties, Scappe is directed to not accept any
reimbursement, compensation or other payment from Moon Area School District
representing a full or partial reimbursement of the amount paid in settlement of this matter.
Scanpe, 20-031
Page 3 8
7. Compliance with paragraphs S 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,
Shelley Y. S s, Chair