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HomeMy WebLinkAbout1841 DalmasPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 In Re: Frank Dalmas, Respondent STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 File Docket: Order No. Date Decided: Date Mailed: FACSIMILE: 717-787-0806 WEBSITE: www.ethics.12a.gov 22-0058-C 1841 9/ 10/24 9/13/24 Before: Michael A. Schwartz, Chair Pahl E. Parsells David L. Reddecliff Emilia McKee Vassallo Thomas E. Leipold This is a final adjudication of the State Ethics Commission, t Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sec ., 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 Frank Dalmas, a public employee in his capacity as the Superintendent of the Sto- Rox School District ("District"), Allegheny County, Pennsylvania, violated Sections 1103(a) and 1104(a) of the Ethics Act: (1) When he had invoices created utilizing District letterhead in order to invoice a nonprofit on his behalf and directed the District's accounts payable secretary to generate and issue a check to him, resulting in a private pecuniary benefit to him; and (2) When he failed to file Statements of Financial Interests for calendar years 2018, 2019, 2020, 2021, and 2022. ' Commissioner Robert P. Caruso recused himself from this matter and did not participate in the deliberations involving this case. DahmaS, 22-0058-C Page 2 IL FINDINGS: 1, Frank Dahuas ("Dalmas") was employed as the Superintendent of Sto-Rox School District ("District") from July 15, 2016, until October 19, 2021. a, Dalmas served as the District Acting Superintendent from July 1, 2013, to June 30, 2014, and from July 1, 2016, to July 15, 2016. b. Dalmas was hired as the Director of Pupil Services for the District on February 23, 2009. 1. Dalmas served as Director of Pupil Services at all times when not serving in the capacity of Acting Superintendent or Superintendent. C. Dalmas resigned as Superintendent on October 19, 2021. 1. Dalmas remained on administrative paid leave with the District until the end of his contract, January 4, 2023. 2. As Superintendent, Dalmas' duties consisted of the following: a. Visiting the schools personally under his supervision as often as possible. b. Noting the courses and methods of instructions and branches taught. c. Giving directions regarding the art and methods of teaching in each school as he deemed expedient and necessary, d. Reporting to the Sto-Rox School District Board of School Directors ("Board") any insufficiency found. 1. Having a seat on the Board and the right to speak on all matters before the Board, although not retaining the ability to vote on any Board matters. 3. Typically, the Board holds two regularly scheduled meetings on the second and third Thursday of each month. a. The Board holds special meetings as necessary. 4. Voting at Board meetings occurs in roll call fashion after a motion is properly made and seconded. a. Abstentions or objections are specifically noted within the meeting minutes. 5. Minutes of the previous month's meeting are presented and reviewed at the subsequent voting meeting. Dahnas, 22-0058-C Page 3 a. A formal vote is taken to approve/accept the minutes. b. Acceptance of the minutes signifies the accuracy of the minutes. The minutes are also signed by the Board President and the Board Secretary to signify their accuracy. 6. Directors are provided with a meeting packet via Google shared drive. a. The packets are completed by the Board Secretary. b. The packet is updated throughout the month by the Board Secretary, 7. A bill list is approved at each of the Board's monthly meetings. a. The Accounts Payable Secretary generates the bill list. b. The bill list includes a list of the checks written by the Business Office that were previously sent for payment. 1. The bill list includes the amount for payment and to whom the bill was being paid. C. The Board Members do not review all checks documented on the monthly bill list line by line. 8. The Accounts Payable Secretary cut the checks for payments once she received a bill, an invoice, or a Check Request Form. a. Checks were cut multiple times a month due to bills arriving at the District that needed to be paid to avoid late fees or individuals submitting Check Request Forms. 1. Some of the checks that were requested on the Check Request Forms were not cut right away if the payment could wait until the monthly Board meeting for approval. b. Checks were cut through the Prosoft system and were signed with electronic signatures. 1. The signatures for approved individuals were saved into the Prosoft system and would be automatically generated on the checks when they were produced. 4. District employees who are in need of a check from the District are required to fill out a Check Request Form in the District's Business Office, a. The form requires the requester to fill out the following information: Dalmas, 22-0058-C Page 4 I . Their name. 2. Date. 3. Location. 4. Account number. 5. Explanation of request. 6. Identification of whom the check is to be made out to. 7. Invoice number. 8. Amount due. b. Once the form is completed it is signed by the Business Manager and the Superintendent. 1. Signature by the Business Manager and the Superintendent signifies approval to process the requested check. 2. Once the Check Request Form is completely filled out and approved, the Accounts Payable Secretary may cut the check. THE FOLLOWING FINDINGS RELATE TO THE ORGANIZATION NAMED "GROW STO-ROX C3." 10. Grow Sto-Rox C3 ("GSRC3") is a collective impact between five non-profit organizations whose Executive Directors or Superintendent represented their respective organizations at monthly meetings as detailed below; a. The District. 1. Superintendent: Dalmas. aa. The Board President, Samantha Wright, was also a participant at the GSRC3 meetings. b. McKees Rocks Community Development Center ("MRCDC"). 1. Executive Director; Travis Vrcek ("Vrcek"). C. Focus on Renewal ("FOR"). 1. Executive Director: Cindy Haines ("Haines"). Dalmas, 22-0058-C Page 5 d. Communities In Schools Pittsburgh Allegheny County ("CISPAC") 1. Executive Director: Bridget Clement ("Clement"). e. Zellous Hope ("ZH") 1. Executive Director: Denise Zellous ("Zellous"). 11. According to the materials provided by GSRC3, the GSRC3 organizations follow five elements to create a collective impact in the community. a. The five elements include a common agenda, shared measurement, mutually reinforcing activities, continues conversations, and a strong backbone. 12. According to GSRC3, the common agenda of GSRC3 is to improve the economic future for Sto-Rox residents through integrated programs by doing the following: a. Growing good accessible jobs that provide pathways to the middle class. b. Increasing the economic security and mobility of vulnerable families and workers. C. Cultivating homegrown talent through a strong cradle -to -career pipeline. d. Creating a healthy, opportunity rich neighborhood for all. 13. According to the Forbes Funds website, the Forbes Funds leads transformations in western Pennsylvania's non-profit ecosystem by increasing effectiveness of individuals, groups, human service and community -based organizations in an inclusive, collaborative, and thoughtful manner. 14. According to the Forbes Funds website, the Forbes Funds awards Management Assistance Grants to promote collaboratives of human service and community -based nonprofits building their capacity and increasing the impact of their mission work. a. Management Assistance Grants fund projects focused on strategy, finance, and organizational realignment with two or more organizations partnering together. b. Management Assistance Grants are used to hire a third -party expert to guide the organization through a capacity building project that would support the collective impact of the collaborative. 15. GSRC3 utilized New Sun Rising to assist in managing the pursuit of its goals in relation to community development. a. New Sun Rising is a non-profit incubator that assists in building up non -profits to a point where they can manage on their own. Dahnas, 22-0058-C Page 6 b. New Sim Rising became the custodian of records for GSRC3. 1. As the custodian of records, New Sun Rising became responsible for maintaining documentation associated with GSRC3, including GSRC3 meeting minutes. 16. GSRC3 applied for a Catalytic Communities grant from the Forbes Funds to further its goal of bettering the Sto-Rox community. a. Vreek and Haines were the individuals who completed the application for the hinds. b. Haines and FOR were the fiscal agent for the fiords. 1. The other GSRC3 organizations invoiced FOR for the fiords that they were due. 2. FOR then sent each entity a check from the funds received from the Forbes Funds. 17. Haines and Vreek signed a Declaration of Collaboration on December 19, 2019, which included the following: a. They agreed to monthly meeting participation with FOR, MRCDC, CTSPAC, ZH, and the District on the third Tuesday of each month for two hours; b. They agreed to lead the partnership organizations to coordinate the implementation and practice of the program; C. They agreed to develop equitable, resilient, and thriving communities; and d. They agreed to work together to develop and deliver a bimonthly update to the Forbes Funds. 18. A Memorandum of Understanding ("MOU") between the host organizations (FOR and MRCDC) and the strategic partners (CTSPAC, ZH, and the District) was signed by the various representatives of the noted organizations. a. Dalmas signed the MOU on behalf of the District on January 21, 2020, 1. The MOU was to be effective from January 21, 2020, to January 21, 2021. 2. The MOU was presented to and unanimously approved by the Board at the District's January 30, 2020, legislative meeting. b. Per the MOU, the strategic partners were responsible for the following activities: Dalmas, 22-0058-C Page 7 1. Remaining committed to attending monthly meetings with GSRC3 partners by sending senior leadership to each meeting. 2. Remaining committed to working with all strategic partners to implement GSRC3 programs and initiatives. 3. Remaining committed to developing an equitable, resilient, and tluiving Sto-Rox community. 4. Remaining committed to working with all strategic partners to develop and deliver a bi-monthly updated report to the Forbes Funds. 19. GSRC3 submitted to time Forbes Funds a draft budget of $100,000 which was separated into three phases each totaling four months in length, with the partnering organizations expected to complete taskshnilestones during each phase. a. Of the proposed budget amount for Phase I, $16,666 was budgeted for two tasks/milestones with which the District was specifically involved, to be split between the five agencies upon completion. The two tasks/milestones involving the District for Phase I were as follows: aa. Engagement; Identify learners, workers, employers, youth partnership members and residents to participate in and contribute to the developmnent of the GSRC3 community. bb, Collective Impact: Stipends for on -going participation of strategic partners in monthly meetings and weekly conference calls. 2. Each of the five organizations received approximately $3,334 for its completion of both Phase I tasks/milestones. b. Of the proposed budget amount for Phase II, $16,666 was budgeted for two tasks/milestones with which the District was specifically involved, to be split between the five agencies upon completion. I . The two tasks/milestones involving the District for Phase II were as follows: aa. Research interests, needs and behaviors of identified stakeholders. bb. Collective Impact: Stipends for ongoing participation of strategic partners in monthly meetings and weekly conference calls, focus on grant proposal development for trainers, video production vendor, and community surveys/contracts. 2. Each of the five organizations received approximately $3,334 for its completion of the Phase Il tasks/milestones. Dalmas, 22-0058-C Page 8 C. Of the proposed budgeted amount for Phase III, $16,666 was budgeted for two tasks/ nilestoncs with which the District was specifically involved, to be split between the five agencies upon completion. 1. The two taskshnilestones involving the District for Phase III were as follows: aa. Strengthen relationships through ongoing communication and feedback and document their role in the initiative. bb. Collective Impact: Stipends for ongoing participation of strategic partners in monthly meetings and weekly conference calls, focus on impact measurements and analysis. 2. Each of the five organizations received approximately $3,334 for its completion of the Phase III tasks/milestones. d. In total the District was to receive approximately $10,002 for its participation in all three phases. 20. GSRC3 held a scheduled meeting on the third Tuesday of each month from 4:30 to 6:30 p.m. which representatives of the partner organizations were to attend. a. Dalmas' attendance at the meetings in his capacity as the District Superintendent was as follows: Meeting Date Dalmas Attendance References/Comments regarding Dalmas February 18, 2020 Attendees Not Listed NIA March 2020 Dalmas absent Dalmas and Wright are mentioned in the minutes regarding adjustments made to a document. April 21, 2020 Dalmas absent N/A June 16, 2020 Dalmas absent N/A July 21, 2020 Dalmas in attendance Dalmas makes a comment daring the C3 plan update stating "Sto-Rox School District has man steps before referral to magistrate." August 18, 2020 Dalmas in attendance N/A November 17, 2020 Dalmas in attendance Dalmas informs the group that the new Dean of CCAC is going to attend a community outreach event with graduating seniors and underemployed community members. December 15, 2020 Dalmas absent NIA January 19, 2021 Dalmas in attendance N/A February 15, 2021 Dalmas in attendance N/A March 16, 2021 Lpalmas in attendance N/A Dalmas, 22-0058-C Page 9 April 20, 2021 Dalmas absent The District is noted as being approved for a rant and partnership with Carlow University. May 2021 Dalmas absent NIA June 2021 Dalmas absent NIA July 20, 2021 Dalmas in attendance NIA August 17, 2021 Dalmas in attendance Dalmas provided an update on the District and its need for employees. September 21, 2021 Dalmas in attendance NIA October 19, 2021 Dalmas absent NIA b. GSRC3 continued to have meetings following October 19, 2021. 1. Dalmas' official resignation date from the District as Superintendent was October 19, 2021. 2, Dalmas no longer attended any GSRC3 meetings following his resignation. 3. Dalmas remained on administrative paid leave until January 4, 2023. C. The meetings mainly occurred via Zoom due to the COVID-19 pandemic. 21. The GSRC3 organizations were required to send invoices to Haines (FOR) to receive their stipend for each phase of the project. a. Each invoice was required to document the applicable organization as the payee in order to receive the funds. b. Invoices which identified any of the organizations' individual representatives as the payee were not accepted. 22. An invoice on District letterhead was sent to Haines on September 2, 2020, for "Grow Sto- Rox" requesting payment as follows: Description Amount Notes Engagement - Identify Learners $1,667.00 Assigned to all partners Stipend for on -going participation $1,667.00 Assigned to all partners Total $3,334.00 a. The invoice was signed by Dalmas in his capacity as Superintendent. b. The invoice did not identify which phase the payment was being requested for. 23, Check 38298 was written out to the District from FOR's account at KcyBank in the amount of $3,334 on October 28, 2020. Dalmas, 22-0058-C Page 10 Check 38298 was deposited into the District general fiind on November 13, 2020. 24. From December 14, 2020, through February 25, 2021, emails were exchanged regarding the invoices for Phase II and III. Email Date Time From To Ce'd Description/Summary 12/14/2020 5:51 pan.. Haines Vrcek Scott Haines provides the Zellous Wolovich partners with the Phase III Clement invoicing and how much Dalmas each partner should invoice FOR. 12/14/2020 9:17 p.m. Dalmas Sue Grafton * Dalmas informs Gratton that the invoice needs to be transferred to Sto-Rox letterhead. 12/15/2020 10:22 a.m. Gratton Dalmas * Gratton attaches the Haines invoices from the District for Phase tt and III. 2/23/2021 8:39 a.m. Gratton Haines * Gratton resends the District's invoices for Phase II and III. 2/25/2021 1:02 pan. Rogers Gratton Haines Rogers informs Gratton Carrie that GSRC3 cannot make Molitierno payment to an individual, only the partner organization. 2/25/2021 1:26 p.m. Gratton Rogers Haines Gratton replies "will do." Molitierno The original email came from Haines informing all of the partners how to invoice for Phase III of the project. b. Dalmas forwarded the email to his secretary, Susan Gratton ("Gratton"), instructing her to put the invoices for Phase II and III on District letterhead. C. Gratton sent the invoices for Phase It and III on District letterhead on December 15, 2020, to Haines and Dalmas. d. On February 23, 2021, Gratton resent the invoices for Phase II and III to Haines at Dahlias' direction. Gratton resent the invoices because payment for the invoices previously transmitted on December 15, 2020, was never received. Dalmas, 22-0058-C Page L L 25. On February 25, 2021, Rogers, Executive Assistant from FOR, ernailed Gratton, Haines, and another person, informing Gratton that FOR could not make payment to an individual and could only make payment to the partner organization. a. The original invoices sent on December 10, 2020, and December 15, 2020, asked for the checks to be paid to the order of Dalmas. 26. Gratton resent the Phase II and Phase III invoices in February 2021 with the correct "Pay To" order to the District, which requested payment for the District's participation in Phase 11 and III as follows. Phase II Phase III SRSD Engagement-identif y.jearners $1,667 Stipend for on -going artier ation $1,667 Total $3,334 SRSD En a ement-identi learners $1,667 Stipend for on -going artier ation $1,667 Total $3,334 a. The invoices were signed by Dalmas in his capacity as Superintendent. 27. Check number 38667 was written out to the District from FOR's account at KeyBank in the amount of $6,668 on March 3, 2021. Check 38667 was deposited into the District's general fund on March 15, 2021. 28. On March 25, 2021, Dalmas instructed Sophie Shuhilo ("Shuhilo"), District Accounts Payable Secretary, to complete a Check Request Form for 50% of the FOR check (Check number 38667). a. The form request submitted by Dalmas instructed Shuhilo to cut a check from the District's general find to be paid to Dalmas for 50% of the FOR check. Dalmas also submitted a Check Request Form on behalf of Wright for the other 50% of the FOR check on March 25, 2021. b. The Check Request Form was signed by Dalmas for approval as the Superintendent on March 25, 2021, and by Kimberly Puskarich for approval as the Business Manager on March 31, 2 02 1. 1. Shuhilo generated and provided the checks in person to Dalmas. 29. District check number 066972 was made out to Dalmas in the amount of $3,334 on March 25, 2021. Da[inas, 22-0058-C Page 12 30. The checks issued to Dalmas and Wright were present on the April 2021 bill list that was presented to the Board for approval. Cheek # Date Name Amount Description 00066972 3/25/21 Frank Dalmas $3,334.00 50% of Focus on Renewal Check 00066973 3/25/21 Samantha $3,334.00 50% of Focus on Renewal Levitzki-Wright Check a. The Board voted to approve the bill list with no questions being asked regarding the checks to Dalmas and Wright. 31. Dalmas maintained a checking account at First National Bank of Pennsylvania. 32. On April 2, 2021, Dalmas deposited the entire $3,334 associated with District check member 066972 into his account at First National Batik of Pennsylvania. a. Dalmas' signature appears on the back of check number 066972 endorsing the check. 33. In the summer of 2021, an audit was completed on the District's 2020-2021 school year financial accounts. a. The audit was completed by Business Manager Paul Sroka, State Recovery Officer Jolmi Zahorchak, and Business Consultant Eric Brandenburg ("Brandenburg"). 34. During the audit, Brandenburg discovered the checks that were provided to Dalmas and Wright from the fiends which the District received from the grant. 35. Dalmas did not return the $3,334 to the District, though he testified to State Ethics Commission Investigators that he had offered to do so. a. Following the identification of the check to him from the District, Dalmas was placed on administrative leave on October 19, 2021, and was later replaced as Superintendent. b. Dalmas was paid for the remainder of his Superintendent contract, but his employment was ultimately terminated by the District. 36. Dalmas, in his capacity as Superintendent of the District, received a financial gain of approximately $3,334 when he received payment from the District at his instruction following the District receiving grant fiends from FOR, for which Dalmas directed the submission of invoices. Wings, 22-0058-C Page 13 THE FOLLOWING FINDINGS RELATE TO DALMAS' FAILURE TO FILL STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS 2018, 2019, 2020, 2021, AND 2022. 37. Statement of Financial Interests ("SFI") filing requirements for public officials and public employees are mandated by Section 1104 of the Ethics Act. a. Section 1104(a) reads, in part, as follows: "...Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position," 38. Dalmas was required to file SFIs by May I'I annually for calendar years 2018-2022 in his position as the Superintendent of the District. 39, An SFI compliance review was conducted at the Sto-Rox Junior/Senior High School on August 29, 2023. a. Dalmas did not have any SFIs on file for calendar years 2018-2022 at that time. 40. On October 23, 2023, Dalmas received his notice of investigation letter and subsequently filed his SFIs for calendar years 2018-2022, all of which are dated October 29, 2023, with one deficiency as follows: a. In his SFI for calendar year 2022, Dalmas failed to disclose his occupation or profession. III. DISCUSSION: As the Superintendent of the Sto-Rox School District ("District"), Allegheny County, Pennsylvania, from July 15, 2016, until October 19, 2021, Respondent Frank Dalmas ("Dalmas") was 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 sec.. The allegations are that Dalmas violated Sections 1103(a) and 1104(a) of the Ethics Act: (1) When he had invoices created utilizing District letterhead in order to invoice a nonprofit on his behalf and directed the District's accounts payable secretary to generate and issue a check to him, resulting in a private pecuniary benefit to him; and (2) When he failed to file Statements of Financial Interests for calendar years 2018, 2019, 2020, 2021, and 2022. Dalm as, 22-0058-C Page 14 Per the Consent Agreement, the Investigative Division has exercised its prosecutorial discretion to nolle pros the allegation regarding Dalmas' Statements of Financial Interests. We therefore need not address that allegation. Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a) Conflict of interest. ---No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The following terms relevant to Section I I03(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 minirnis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. § 1102, Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or "conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from using the authority of public office/employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. 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. Palmas, 22-0058-C Page 15 Dalmas began employment as the Superintendent of the District on July 15, 2016. As the District Superintendent, Dalmas had a seat on the District Board of School Directors (`Board"), but he did not have the ability to vote on any matters before the Board. District employees who need a check from the District are required to fill out a Check Request Form in the District's Business Office. The information required by the Check Request Form includes the name of the requester, an explanation for the request, identification of the payee, and the amount due. Once the Check Request Form is completed, it is signed by the District Business Manager and the District Superintendent, which signifies approval to process the requested check. The District Accounts Payable Secretary cuts a check after receiving the signed Check Request Form. The Board approves a bill list at each regularly scheduled meeting. The bill list is generated by the District Accounts Payable Secretary, and it includes a list of checks that were issued by the District Business Office to pay bills. The District is involved with Grow Sto-Rox C3 ("GSRC3"), which is a collective of five parties consisting of the District and the following four non-profit organizations: (1) McKees Rocks Community Development Center ("MRCDC"); (2) Focus on Renewal ("FOR"); (3) Communities In Schools Pittsburgh Allegheny County; and (4) Zellous Hope. The goal of GSRC3 is to improve the economic future for Sto-Rox residents through integrated programs. The Forbes Funds awards grants to promote collaboratives of human service and community -based non-profit organizations. In or around December 2019, GSRC3 applied for a grant from the Forbes Funds for a project to fiirther its goal of bettering the Sto-Rox community. Cindy Haines ("Haines"), the Executive Director of FOR, and Travis Vreek, the Executive Director of MRCDC, completed the grant application, A Memorandum of Understanding that was entered into by the District and the other parties involved with GSRC3 in relation to the grant application provided for the attendance of senior leadership of the parties at monthly meetings. Dalmas signed the Memorandum of Understanding on behalf of the District on January 21, 2020, and the Board approved the Memorandum of Understanding on January 30, 2020. A draft budget of $100,000 that GSRC3 submitted to the Forbes Funds in relation to the grant application was separated into three phases, each of which was four months in length. The GSRC3 parties were expected to complete tasks/milestones during each phase of the project. For each phase, $16,666 was budgeted to be split between the five GSRC3 parties upon completion of that phase's tasks/milestones. The District was to receive approximately $10,002 for its participation in all three phases. Between February 18, 2020, and October 19, 2021, Dalmas, in his capacity as the District Superintendent, attended at least nine meetings held by GSRC3. Board President Samantha Wright ("Wright") also attended meetings held by GSRC3. The GSRC3 parties were required to submit invoices to FOR, which served as the fiscal agent for the Forbes Funds grant fitnds, to receive payment for their participation in each phase of the project. The invoices were required to document a party as the payee, and invoices that identified an individual representative of a party as the payee were not accepted. On September 2, 2020, a District invoice signed by Dalmas that requested payment in the amount of $3,334 for the District's participation in the first phase of the project was sent to Haines. A check in the Dalmas, 22-0058-C Page 16 amount of $3,334 was subsequently issued to the District by FOR. In February 2021, the District submitted additional invoices signed by Dalmas that requested payment in the total amount of $6,668 for the District's participation in the second and third phases of the project. On March 15, 2021, a check in the amount of $6,668 from FOR was deposited into the District's general fund. On March 25, 2021, Dalmas submitted two Check Request Forms to the District Accounts Payable Secretary, Sophie Shuhilo ("Shuhilo"), that instructed Shuhilo to cut checks from the District's general fiend to pay Dalmas and Wright each fifty percent of the $6,668 in Forbes Funds grant fiends which had been received by the District for its participation in the second and third phases of the project. Dalmas, as the Superintendent, signed each Check Request Form for approval. Shuhilo then generated two checks, one in the amount of $3,334 payable to Dalmas and one in the amount of $3,334 payable to Wright, and she provided the checks to Dalmas. The Board subsequently voted to approve the April 2021 bill list that included the checks issued to Dalmas and Wright. In the summer of 2021, the District Business Consultant, Eric Brandenburg ("Brandenburg"), participated in an audit of the District's financial accounts for the 2020-2021 school year. During the audit, Brandenburg discovered the checks that were issued to Dalmas and Wright. Following the discovery of the checks, Dalmas was placed on administrative leave on October 19, 2021, and his employment was ultimately terminated by the District. Having highlighted the Stipulated bindings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S, § 1103(a), occurred when Dalmas had invoices created utilizing District letterhead in order to invoice a nonprofit on his own behalf and directed the District's Accounts Payable Secretary to generate and issue a check to himself, resulting in a private pecuniary benefit to himself, b. The remaining allegation will be nolle grossed. 4. Dalmas agrees to make payment in the amount of $3,334.00 in settlement of this matter payable to Sto-Rox School District, and forwarded to the Pennsylvania State Ethics Commission, within thirty (30) days of the issuance of the final adjudication in this matter. Dalmas, 22-0058-C Page 17 5. To the extent Dalmas has not already done so, Dalmas agrees to file complete and accurate Statements of Financial Interests with Sto- Rox School District, through the Pennsylvania State Ethics Commission, for calendar years 2018 through 2022 within thirty (30) days of the issuance of the final adjudication in this matter. 6. Dalmas agrees to not accept any reimbursement, compensation or other payment from Sto-Rox School District representing a firll 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 Dalmas' 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 firrther. a. Dalmas 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. Dalmas 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 1 -2. We accept the recommendation of the parties for a finding of a violation of Section 1103(a) of the Ethics Act. It is clear that the elements of a use of the authority of office for a private pecuniary benefit have been established. Dalmas used the authority of his public position as the District Superintendent when he signed District invoices that requested payment of $6,668 in Forbes Funds grant funds for the District's participation in the GSRC3 project and when he approved a Check Request Form that requested payment to him of fifty percent of those grant fiinds. The resulting District payment to Dalmas of $3,334 was a private pecuniary benefit because the Board had not authorized Dalmas to receive that payment for attending meetings or doing other work on the GSRC3 project. 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 Dalmas had invoices Dalmas, 22-0058-C Page 18 created utilizing District letterhead in order to invoice a nonprofit on his own behalf and directed the District's Accounts Payable Secretary to generate and issue a check to him, resulting in a private pecuniary benefit to hint. As part of the Consent Agreement, Dalmas has agreed to make payment in the amount of $3,334.00 payable to the District and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Dalmas has agreed to not accept any reimbursement, compensation or other payment from the District representing a Rill or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Dalmas has agreed to file complete and accurate Statements of Financial Interests for calendar years 2018 through 2022 with the District, through this Commission, within thirty (30) days of the issuance of the final adjudication in this matter. We agree that the aforesaid recommendations are appropriate, including the recommendation that Dalmas file complete and accurate Statements of Financial Interests for calendar years 2018 through 2022, notwithstanding the nolle pros as to the allegation regarding his Statements of Financial Interests. Accordingly, per the Consent Agreement of the parties, Dalmas is directed to make payment in the amount of $3,334.00 payable to the District and forwarded to this Commission by no later than the thirtieth (30"') day after the mailing date of this adjudication and Order. Dalmas is directed to not accept any reimbursement, compensation or other payment from the District representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already dome so, Dalmas is directed to file complete and accurate Statements of Financial Interests for calendar years 2018 through 2022 with the District, 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: 1. As the Superintendent of the Sto-Rox School District ("District"), Allegheny County, Pennsylvania, from July 15, 2016, until October 19, 2021, Respondent Frank Dalmas ("Dalmas") was 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 sec.. 2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Dalmas had invoices created utilizing District letterhead in order to invoice a nonprofit on his own behalf and directed the District's Accounts Payable Secretary to generate and issue a check to him, resulting in a private pecuniary benefit to him. In Re: Frank, Dalmas, File Docket: 22-0058-C Respondent Date Decided: 9/10/24 Date Mailed: 9/13/24 ORDER NO. 1841 A violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Frank Dalmas ("Dalmas"), as the Superintendent of the Sto-Rox School District ("District"), Allegheny County, Pennsylvania, had invoices created utilizing District letterhead in order to invoice a nonprofit on his own behalf and directed the District's Accounts Payable Secretary to generate and issue a check to him, resulting in a private pecuniary benefit to him. 2. Per the Consent Agreement of the parties, Dalmas is directed to make payment in the amount of$3,334.00 payable to Sto-Rox School District and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30`11) day after the mailing date of this Order. 3. Dalmas is directed to not accept any reimbursement, compensation or other payment from the District representing a fiull or partial reimbursement of the amount paid in settlement of this matter. 4. To the extent he has not already done so, Dalmas is directed to file complete and accurate Statements of Financial Interests for calendar years 2018 through 2022 with the District, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30f11) day after the mailing date of this Order. 5. Compliance with paragraphs 2, 3, and 4 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, Michael A. Schwartz, Chair