HomeMy WebLinkAbout1842 Kean StaabPHONE: 717-783-1610 STATE ETHICS COMMISSION
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HARRISBURG, PA 17120-0400
In Re: Valerie Kean Staab, File Docket: 21-027
Respondent Order No. 1842
Date Decided: 9/10/24
Date Mailed: 9/13/24
Before: Michael A. Schwarz, Chair
Paul E. Parsells
David L. Reddecliff
Thomas E. Leipold
This is a final adjudication of the State Ethics Commission.)
FACSIMILE: 717-787-0806
WEBSITE: www.ethirs.12a.gov
Procedurally, the Investigative Division of the State Ethics Commission conducted an
investigation regarding possible violation(s) of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et seq., 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." An Answer
was filed, and a hearing was held. Both parties filed written Closing Statements and Post -Hearing
Briefs. The record is now complete.
1. ALLEGATIONS:
A. That Valerie Kean Staab, a public official/public employee in her capacity as a
Member of the North and South Shenango Township Joint Municipal Authority,
Crawford County, ("Authority"), violated Sections 1103(a), 1104(a), 1105(b)(4)
and 1105(b)(8) of the Ethics Act (Act 93 of 1998):
(1) When she used the authority of her public position for the private pecuniary
benefit of herself, and/or members of her immediate family, when she
participated in Authority votes to approve guest attendance and/or expense
payments; when she incurred and charged expenses of a personal nature to
Authority credit cards and accounts when traveling on Authority business
for conferences and/or conventions; and when she submitted for
reimbursement expenses of a personal nature alleged to have been paid in
cash or by personal credit card;
' Commissioners Robert P. Caruso and Emilia McKee Vassallo recused themselves from this matter and did not
participate in the deliberations involving this case.
Kean Staab, 21-027
Page 2
(2) When she approved payments to vendors and/or credit card companies or
herself for personal expenses incurred while traveling on Authority
business; and
(3) When she filed deficient Statements of Financial Interests for calendar years
2016, 2017, 2018, 2019, and 2020,
B. That Valerie Kean Staab, a public official/public employee in her capacity as an
Auditor with the Pennsylvania Department of the Auditor General, violated
Sections 1103(a), 1104(a), 1105(b)(4), and 1105(b)(8) of the Ethics Act:
(1) When she failed to utilize leave to account for time not worked in her
Commonwealth employment during normal business days and hours and
received her full wages for those days and hours when not working; and
(2) When she filed deficient Statements of Financial Interests for calendar years
2016, 2017, 2018, 2019, and 2020.
II. FINDINGS:
A. Relevant Admitted Pleadin s
1. Valerie Kean Staab ("Kean Staab") served as a Member of the Board of the North and
South Shenango Joint Municipal Authority ("Authority") beginning January 2, 2001.
a. Kean Staab was appointed to the Authority Board for a five-year term by the North
Shenango Township Board of Supervisors at its reorganization meeting on January
2, 2001, and she was reappointed to additional five-year terms at subsequent
reorganization meetings on January 3, 2006, January 3, 2011, and January 4, 2016.
b. Kean Staab served as Chair of the Authority Board from at least January 9, 2008,
until December 2020 when she asked North Shenango Township not to reappoint
her to the Authority Board.
C. Kean Staab was not compensated in her position as an Authority Board Member.
2. The Authority was formed in 1974 as a j oint authority by the Townships of North Shenango
and South Shenango,
3. Bylaws of the Authority were originally adopted on December 30, 1974, and Certificates
of Amendments were issued by the Pennsylvania Department of State on July 12, 1988,
and October 19, 2011.
Kean Staab, 21-027
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a. When establishing the Authority, the North Shenango Township Supervisors and
the South Shenango Township Supervisors chose not to allow the Authority Board
Members to be compensated.
4. Article 11 of the Authority Bylaws provided for the appointment of officers including:
Chair
Vice Chair
Secretary
Treasurer
Assistant Secretary -Treasurer
5. The Chair, as identified in the Authority Bylaws, "shall preside at all meetings of the Board
of the Authority. Except as otherwise authorized by resolution of the Board of the
Authority, the Chair shall sign all contracts, deeds and other instruments made by the
Authority. At each meeting, the Chair shall submit such recommendations and information
as he may consider proper concerning the business, affairs and policies of the Authority."
6. The Authority is governed by a six -Member Board, with three Members appointed by the
North Shenango Township Supervisors and three Members appointed by the South
Shenango Township Supervisors.
a. Board Members are appointed to a five-year term unless they are appointed to fill
an unexpired term.
b. The Authority holds one meeting a month on the second Wednesday of the month,
7. Authority Board Members received a meeting packet prior to each monthly meeting.
a. Information in the meeting packet included the meeting agenda, prior month's
meeting minutes, financial report, bill list, manager's report, correspondence
received, collection procedures report, and consulting engineer's report.
The financial report included a general ledger report and a list of checks
written during the prior month, which included checks written to Kean
Staab, when applicable, in the prior month for reimbursement of expenses
she incurred.
2. The bill list identified bills to be paid which had been received at the
Authority from the last Authority Board meeting until the current Authority
Board meeting.
Kean Staab, 21-027
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8. Authority Board checks required two authorized signatories.
a. Since at least January 2016 until December 2020, Kean Staab was an authorized
signatory on the Authority bank account along with Vice Chair John Tucker
("Tucker").
b. The Authority utilized a facsimile stamp with the signatures of Kean Staab and
Tucker on one stamp.
9. Prior to 2020 the Authority did not have a comprehensive operations manual outlining its
day-to-day operations.
a. The Authority did have an Employee Personnel Policy Handbook which had a
revision date of April 20, 2009.
10. At the January 11, 2017, January 10, 2018, and January 9, 2019, reorganization meetings,
the Authority Board approved payment of out-of-pocket expenses and a mileage rate in
accordance with the IRS per mile rate, related to travel for general training for Authority
Board Members, employees, and their guests.
a. 'At the January 2016 reorganization meeting, the Authority Board approved the
payment of out-of-pocket expenses related to travel for general training for
Authority Board Members and employees.
11. In 2004, Michael Klink ("Klink") was hired as General Manager of the Authority.
a. Soon after being hired as the General Manager, Klink was issued an Authority
credit card.
1. Beginning in 2016, Klink used an Authority -issued First National Bank
Visa credit card ending 5754.
12. In 2015, Susan Dvorsky ("Dvorsky") was hired at the Authority as the
Secretary/Bookkeeper.
13. In 2019, Kean Staab suggested that every Authority Board Member be issued her/his own
Authority credit card.
a. Kean Staab told the Authority Board that she made this suggestion in order to
provide accountability for expenses incurred.
b. Not every Authority Board Member opted to have an Authority -issued Visa credit
card.
Kean Staab, 21-027
Page 5
C. 1n or around July 2019, Kean Staab was issued an Authority Visa credit card ending
in 5147.
d. The credit card was issued through First National Bank in the name of Valerie A.
Kean -Staab.
C. The monthly statement was addressed to Valerie A. Kean -Staab, North -South
Shenango JMA at the Authority address.
THE FOLLOWING FINDINGS RELATE TO KEAN STAAB'S EXPENSES IN
RELATION TO PENNSYLVANIA MUNICIPAL AUTHORITIES ASSOCIATION
EVENTS ATTENDED IN 2016, 2017, 2018, AND 2019.
14. The Pennsylvania Municipal Authorities Association ("PMAA") is the recognized
association for municipal authorities in the Commonwealth of Pennsylvania.
15. PMAA is divided into ten regions.
a. Crawford County is located in Region 8.
b. The Authority is located within the boundaries of Region 8.
16. PMAA holds various events for the benefit of its members, including the following:
a. Annual Conference and Trade Show;
b. Board Member training; and
C. Dinner meetings in the spring and fall for each region.
17. Kean Staab, as an Authority Board Member, regularly attended various events hosted by
PMAA.
a. On occasion, Kean Staab had a guest for PMAA events.
18. PMAA has an Annual Conference and Trade Show ("Annual Conference") in or around
August or September of each year.
a. The location of the Annual Conference varies from year to year, alternating
between a location in the western part of the Commonwealth, a location in the
eastern part of the Commonwealth, and a central location.
Kean Staab, 21-027
Page 6
b. As part of the registration fee, the Annual Conference provides some meals at no
extra charge for those attending the Annual Conference.
Dinners, as well as some of the other meals, are an additional charge,
aa. The attendee's spouse/guest can attend the dinners for an additional
charge.
2. Some meals are complimentaiy for both the attendee and their spouse/guest
but require registration.
C. The Annual Conference has a "Spouse Program" for the spouses/guests of attendees
in which they tour/visit a local point of interest.
1. Some of the Spouse Program tours are an additional charge.
19. Kean Staab attended the Annual Conference from at least 2016 through 2019.
a. In addition to Kean Staab, Authority attendees at the Annual Conferences in 2016
through 2019 were Tucker, Tucker's significant other Linda Baker ("Baker"),
Dieter Meyer ("Meyer"), and Klink.
Meyer was appointed to the Authority Board by North Shenango Township
on January 6, 2003, and he served until resigning his position effective
January 4, 2021.
2. Tucker was appointed to the Authority Board by South Shenango Township
on April 13, 1981, and he served until March 9, 2021.
2016 PMAA CONFERENCE — WYNDHAM GRAND PITTSBURGH, PA
20. The 2016 Annual Conference was held in Pittsburgh, Pennsylvania from Sunday, August
28, 2016, through Wednesday, August 31, 2016, at the Wyndham Grand Pittsburgh
Downtown located at 600 Commonwealth Place, Pittsburgh, PA 15222.
21. The Authority paid a conference registration fee of $285.00 for Kean Staab to attend the
Annual Conference.
22. Kean Staab was registered to stay at the Wyndham Grand Pittsburgh Downtown located at
600 Commonwealth Place, Pittsburgh, PA 15222.
a. Kean Staab arrived on Sunday, August 28, 2016, and departed on Wednesday,
August 31, 2016.
Kean Staab, 21-027
Page 7
2017 PMAA CONFERENCE — HERSHEY LODGE, HERSHEY, PA
23. The 2017 Annual Conference was held in Hershey, Pennsylvania from Sunday, September
10, 2017, through Wednesday, September 13, 2017, at the Hershey Lodge & Convention
Center, 325 University Drive, Hershey, PA 17033.
24. The Authority paid a conference registration fee of $325.00 for Kean Staab to attend the
Annual Conference.
25. Kean Staab was registered to stay at the Hershey Lodge & Convention Center, Hershey,
PA 17033.
a. Kean Staab arrived on Saturday, September 9, 2017, and departed on Wednesday,
September 13, 2017.
b. In prior and subsequent years, Kean Staab arrived at the PMAA conference on
Sunday, rather than Saturday.
2019 PMAA CONFERENCE — KALAHARI RESORTS, POCONO MANOR, PA
26. The 2019 Annual Conference was held in Pocono Manor, Pennsylvania from Sunday,
September 8, 2019, through Wednesday, September 11, 2019, at the Kalahari Resorts &
Conventions — Pocono Mountains located at 250 Kalahari Boulevard, Pocono Manor, PA
18349.
27. The Authority paid a conference registration fee of $295.00 for Kean Staab to attend the
Annual Conference.
a. The conference registration fee included an opening ceremonies complimentary
breakfast on Monday, September 9, 2019, and a complimentary breakfast and
complimentary lunch on Tuesday, September 10, 2019.
28. Kean Staab was registered to stay at the Kalahari Resort located at the same address as the
Annual Conference - 250 Kalahari Boulevard, Pocono Manor, PA 18349.
THE FOLLOWING FINDINGS RELATE TO KEAN STAAB'S EXPENSES IN
RELATION TO WATER ENVIRONMENT FEDERATION TECHNICAL EXHIBITIONS
AND CONFERENCES ATTENDED IN 2016, 2017, 2018, AND 2019.
29. The Water Environment Federation ("WEIR") is a not for profit technical and educational
organization of individual members and affiliated member associations representing water
Kean Staab, 21-027
Page 8
quality professionals around the world, and it provides technical education and training for
water quality professionals who clean water and return it safely to the environment.
30. WEF has an annual Technical Exhibition and Conference ("WEFTEC").
a. WEFTEC was held in New Orleans in 2016 and 2018 at the Ernest J. Morial
Convention Center,
1. The Ernest J. Morial Convention Center has 1.1 million square feet of
prime, contiguous exhibit space.
b. WEFTEC was held in Chicago in 2017 and 2019 at the McCormick Place
Convention Center.
1. The McCormick Place Convention Center has 2.6 million square feet of
exhibit space.
C. In its conference announcement, WEF identified the official conference hotels.
1, WEF provided complimentary shuttle bus access to the Exhibition Hall for
those staying inside the WEFTEC hotel block.
31. WEFTEC rums from Saturday through Wednesday each year.
a. An attendee can register to attend the full conference or register just for admission
to the Exhibition Hall.
b. WEFTEC offers various pre -conference and conference workshops, luncheons,
receptions, and networking events at an additional cost.
1. Registration at WEFTEC did not include any meals unless an attendee was
registered for a luncheon, reception or networking event.
aa, No Authority representatives and/or their guests were registered for
the luncheons, receptions or networking events.
C. The Exhibition Hall opens Monday morning and runs through Wednesday.
1. The Exhibition Hall includes vendor displays and technology
advancements.
aa. To gain admission to the Exhibition Hall, an attendee must pay a
registration fee and pick up their badge/lanyard at the convention
Kean Staab, 21-027
Page 9
center or one of the designated hotel satellite locations identified in
the conference announcement.
An attendee can pick up their badge/lanyard for the
Exhibition Hall any day from Saturday through Wednesday
at the designated locations and during designated times
identified in the conference announcement.
2. The vendor displays in the Exhibition Hall include different types of pumps,
pump systems, wastewater structure rehabilitation supplies, filters, pump
lining, chemical metering pumps, etc.
aa. Most of the products at the Exhibition Hall are the same each year.
32. Authority Board Members and Klink have been attending WEFTEC since at least 2013.
a. When they attended WE, the Authority representatives and their guests had
group dinners.
33. Kean Staab, as an Authority Board Member, regularly attended WEFTEC since at least
2013.
a. On occasion Kean Staab had a guest(s) for group meals and events while at
WEFTEC.
WE, 2016, NEW ORLEANS
34. WEFTEC 2016 was held in New Orleans, Louisiana at the New Orleans Ernest J. Morial
Convention Center, 900 Convention Center Boulevard, New Orleans, LA 70130.
a. The Exhibition Hall was open from Monday, September 26, 2016, to Wednesday,
September 28, 2016, 8:30 a.m. to 5:00 p.m. each day.
b. The Authority paid $60.00/person for access only to the Exhibition Hall for the
Authority representatives and their guests.
C. The total registration charge was $420.00, indicating that seven individual passes
to the Exhibition Hall were purchased.
1. The Authority paid $60.00 for Kean Staab to access only the Exhibition
Hall.
Kean Staab, 21-027
Page 10
35. Kean Staab flew to New Orleans via American Airlines, arriving Saturday, September 24,
2016, and departing Tuesday, September 27, 2016.
36. In its 2016 Conference Announcement, WEF identified the official WEFTEC hotels.
a. The Royal Sonesta Hotel, 300 Bourbon Street, New Orleans, LA, was an official
WEFTEC 2016 hotel with a room rate of $209.00/night plus taxes and assessment.
i . With taxes and assessment, the room fee was $243 92/night.
b. Klink booked hotel rooms for Saturday night September 24, 2016, checking out
Tuesday September 27, 2016, for Kean Staab, Tucker, Meyer, and himself.
1. The rooms were charged to his Authority -issued Visa credit card ending
5754.
37. The Authority representatives and their guests took a combined swamp/plantation tour
through Cajun Pride Tours on Sunday, September 25, 2016.
WEFTEC 2017, CHICAGO
38. WEFTEC 2017 was held in Chicago, Illinois at the McCormick Place Convention Center,
2301 S Lake Shore Drive, Chicago, IL 60616.
a. The Exhibition Hail at McCormick Place Convention Center was open from
Monday, October 2, 2017, through Wednesday, October 4, 2017, 8:30 a.m. to 5:00
p.m. each day.
b. The Authority paid $75.00/person for access only to the Exhibition Hall for the
Authority representatives and their guests.
C. The total registration charge was $450.00, indicating that six individual passes to
the Exhibition Hail were purchased.
1. The Authority paid a registration fee of $75.00 for Kean Staab to access
only the Exhibition Hall.
39. Using her personal Barclays MasterCard, Kean Staab purchased airline tickets for herself,
Klink, K. Klink, Tucker, and Baker on June 19, 2017.
a. In her reimbursement request, Kean Staab instructed Klink to have the flight check
mailed directly to her credit card company, Card Services.
Kean Staab, 21-027
Page I I
40. The Authority representatives stayed at the Embassy Suites Hotel, 511 N Columbus Drive,
Chicago, IL 60611.
a. Kean Staab's room was booked for Saturday, September 30, 2017, through
Monday, October 2, 2017.
b. The rooms were charged to Klink's Authority -issued Visa credit card ending 5754.
41. While at WEFTEC 2017, the Authority travelers had group dinners at Riva Ristorante
Navy Pier, 700 E Grand Avenue, Chicago, IL and Fogo de Chao, 661 North LaSalle Street,
Chicago, IL,
42. Kean Staab provided a typed document showing $75.50 in taxi expenses and $64.02 in
food expenses for which she requested reimbursement relative to WEFTEC 2017.
Taxi Food
$11.00
$4.86
$12.50
$20.16
$12.00
$11.17
$40.00
$27.83
$75.50
$64.02
a. Kean Staab provided itemized receipts and/or credit card charge receipts for the
food items and for the taxis except for the $40.00 charge.
Date Time Expense
9/30/2017 18:57 Taxi
10/2/2017 12:05 Flash Cab #1446 Chicago IL
10/2/2017 13:55 5 Star Taxi #6389 Chicago IL
no receipt provided
Total
Amount
Date
Time
Expense
Amount
$12.50
10/2/2017
1:39 p.m.
Vapiano Chicago Loop
$27.83
$12.00
10/3/2017
1:06 p.m.
Dunkin Donuts #336536
$4.86
$1 I.00
10/3/2017
1:11 p.m.
OBriens O'Hare Terminal 3
$11.17
$40.00
10/3/2017
2:19 p.m.
Reggio's Chicago Airport
$20.16
$75.50 1
Total
$64.02
WEFTEC 2018, NEW ORLEANS
43. WEFTEC 2018 was held in New Orleans, Louisiana at the New Orleans Ernest I Morial
Convention Center, 900 Convention Center Boulevard, New Orleans, LA 70130.
a. The Exhibition Hall was open from Monday, October 1, 2018, to Wednesday,
October 3, 2018, 8:30 a.m. to 5:00 p.m. each day.
b. The Authority paid $75.00/person for access only to the Exhibition Hall for the
Authority representatives and their guests.
Kean Staab, 21-027
Page 12
The total registration charge was $450.00, indicating that six individual passes to
the Exhibition Hall were purchased.
1. The Authority paid a registration fee of $75.00 for Kean Staab to access
only the Exhibition Hall.
44. Kean Staab flew to New Orleans via Delta Airlines, arriving Saturday, September 29,
2019, at 10:16 a.m. and departing Wednesday, October 3, 2018, at 7:30 a.m.
45. Kean Staab used her US Bank credit card to purchase seven airline tickets for herself, K.
Klink, Samantha Staab ("S. Staab"), Casey Staab ("C. Staab"), Baker, Tucker, and Klink,
totaling $1,932.00.
a. The individual total cost per passenger was $276.00, broken down into price per
passenger of $213.96 and taxes, fees, and other charges of $62.04.
46. Kean Staab's daughter, S. Staab, her son, C. Staab, and C. Staab's girlfriend, Lori Lyman
("Lyman"), stayed in Kean Staab's room at the Royal Sonesta Hotel in New Orleans during
WEFTEC 2018,
47. While at WEFTEC 2018, the Authority attendees had group dinners at Antoine's
Restaurant and New Orleans Creole Cookery, had a group lunch at Olde NawIins Cookery,
and took excursions through Tickets At Work.
a. The group meals and group excursions were charged to Klink's Authority -issued
Visa credit card ending 5754.
48. While the Authority attendees were at WEFTEC 2018, Kean Staab's brother, Philip Kean,
and his wife, Bernice Kean, traveled from their home in Florida to visit with Kean Staab
and her family as they had in a prior year.
a. The Keans checked into the Royal Sonesta Hotel on Saturday, September 29, 2018,
close to dinner time.
b. While in New Orleans, the Keans ate with their family and went on excursions with
them.
1. Kean Staab did not eat dinner on Sunday, September 30, 2018, with her
family because she went to a dinner hosted by KLH Engineers with the
Authority representatives and their guests.
Kean Staab, 21-027
Page 13
49. While at WEFTEC 2018, the Authority representatives and their guests went to a jazz
brunch buffet.
a. The seven tickets were for Kean Staab, S. Staab, Tucker, Baker, Meyer, Klink, and
K. Klink.
WEFTEC 2019, CHICAGO
50. WEFTEC 2019 was held in Chicago, Illinois at the McCormick Place Convention Center,
2301 South Dr. Martin Luther King Jr. Drive, Chicago, IL 60616.
a. The Exhibition Hall at McCormick Place Convention Center was open Monday,
September 23, 2019, and Tuesday, September 24, 2019, from 8:30 a.m. to 5:00 p.m.
each day, and Wednesday, September 25, 2019, from 8:30 a.m. to 3:30 p.m.
b. The Authority paid $75.00/person for access only to the Exhibition Hall for the
Authority representatives and their guests.
C. The total registration charge was $450.00, indicating that six individual passes to
the Exhibition Hall were purchased.
1. The Authority paid $75.00 for Kean Staab to access only the Exhibition
Hall.
51, Kean Staab flew to Chicago via Southwest Airlines, leaving Pittsburgh International
Airport Saturday, September 21, 2019, and returning Wednesday, September 25, 2019.
52. The Authority attendees stayed at the Ivy Boutique Hotel, 233 East Ontario Street,
Chicago, IL 60611.
a. Kean Staab's room was booked for Saturday night September 21, 2019, through
Tuesday night September 24, 2019.
1. The rooms were charged to Klink's Authority -issued Visa credit card
ending 5754.
53. While at WEFTEC 2019, the Authority travelers had group dinners at Riva Ristorante,
Gene & Georgetti, and GT Prime,
54. Other than a reimbursement request for the airline tickets and roundtrip mileage to and
from the Pittsburgh airport, Kean Staab did not submit an expense report to the Authority
claiming expenses in relation to attending WEFTEC 2019.
Kean Staab, 21-027
Page 14
a. She used her Authority -issued Visa credit card ending 5147 while in Chicago at
WEFTEC 2019.
1. She did not provide receipts to the Authority for the charges to her
Authority -issued Visa credit card ending 5147 while in Chicago at
WEFTEC 2019.
55. During her stay in Chicago in 2019 to attend the WEFTEC Exhibition Hall, Kean Staab
charged twelve taxi rides over the course of four days.
RESPONSE TO AUTHORITY TRAVEL
56. With the exception of mileage reimbursement, the Authority bad no formal policy
regarding travel until 2020.
57. At its April 8, 2020, meeting, the Authority Board approved policies written by Kean Staab,
including Training and Seminar (Article X) for employees, Board Members, and the
manager.
a. Article X4 states, "Board Members and the Manager are permitted to attend PMAA
State Conference and National Conferences that provide educational opportunities
as approved by the Board."
b. Article X5 states, "Board Members shall be compensated for mileage at the federal
mileage rate, costs related to travel, and hotel costs. Meal costs of maximum of
$100.00 per day for overnight travel in state."
c. Article X6 states, "Board Members shall be compensated for mileage at the federal
mileage rate, costs related to travel, and hotel costs. Meal costs of maximum of
$150.00 per day for overnight travel for out of state."
58. The 2020 U.S. General Services Administration ("GSA") meals and incidentals rate for
Chicago was $76.00/day; the rate for the first and last day of travel was $57.00.
59. The 2020 U.S. GSA meals and incidentals rate for New Orleans was $71.00/day; the rate
for the first and last day of travel was $53.25.
THE FOLLOWING FINDINGS RELATE TO KEAN STAAB'S. FAILURE TO USE
APPROPRIATE LEAVE FROM HER JOB AS AN AUDITOR FOR THE
PENNSYLVANIA DEPARTMENT OF THE AUDITOR GENERAL WHEN ATTENDING
PMAA CONFERENCES AND/OR WEFTEC.
Kean Staab, 21-027
Page 15
61.
62.
63.
64.
65.
Kean Staab began working as an Auditor for the Pennsylvania Department of the Auditor
General ("Auditor General") on March 23, 2015.
a. She was hired as a Children and Youth Auditor I and has since been promoted to
an Auditor III.
Beginning April 2, 2018, Kean Staab's work hours changed to 07:00 to 15:30 for three
weeks and then 07:00 to 15:00 the fourth week, with Friday off during the fourth week.
When Kean Staab started working for the Auditor General, her hourly wage was $22.36;
increases to her hourly wage and the effective dates of the increases are shown below:
Hourly
Annual
Start Date
End Date
_1Y_
$Rg
Salaiv
3/23/20 t 5
9/30/2016
05
$22.36
$43,736.00
10/1/2016
4/2/2017
05
$22.97
$44,929.00
4/30/2017
6/30/2017
03
$25.08
$49,056.00
7/1/2017
1/5/2018
03
$25.58
$50,034.00
1/6/2018
5/30/2018
04
$26.15
$51,149.00
7/l/2018
1/4/2019
04
$26.80
$52,421.00
1/5/2019
6/30/2019
05
$27.40
$53,594.00
7/1/2019
4/10/2020
05
$28.22
$55,198.00
4/11/2020
9/30/2020
06
$28.88
$56,489.00
10/1/20222
12/6/2020
06
$29.46
$57,624.00
Kean Staab accrued annual leave and sick leave each two -week pay period.
Kean Staab attended PMAA Conferences and WEFTEC as follows:
L=
2016 PMAA-Pittsburgh
2016 WEFTEC New Orleans
2017 PMAA-Hershey
2017 WEFTEC Chicago
2018 PMAA-Erie
2018 WEFTEC New Orleans
2019 PMAA-Poconos
2019 WEFTEC Chicago
Week Days at Event
8-29 to 31 Monday -Wednesday
9-26 to 27 Monday -Tuesday
9-11 to 13 Monday -Wednesday
10-2 to 3 Monday -Tuesday
9-10 to 11 Monday -Tuesday
10-1 to Monday -Wednesday
9-9 to 11 Monday -Wednesday
9-23 to 25 Monday -Wednesday
As an Auditor for the Auditor General during the years of 2016 through and including
2019, Kean Staab traveled to the audit site as part of performing an audit.
a. To be reimbursed for her travel costs, Keen. Staab prepared a Travel Expense
Statement.
2 The 2022 date is presumed to be a typographical error and that the actual stark date was 10/1/2020.
Kean Staab, 21-027
Page 16
b. Kean Staab traveled for her job as an Auditor for the Auditor General and submitted
mileage and expense reimbursement requests related to her work.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT KEAN STAAB
FILED DEFICIENT STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR
YEARS 2016, 2017, 2018, 2019, AND 2020.
66. Statements of Financial Interests ("SFIs") are required to be annually filed by public
officials/public employees with the governing authority of the political subdivision within
which he/she is appointed or elected.
a. SFIs are required to be fled by no Iater than May lit of each year that a public
official/public employee holds public office/employment.
b. SFIs require filers to disclose financial information pertaining to the preceding
calendar year.
67. Information to be disclosed on SFIs filed by public officials and public employees is
mandated by 65 Pa. C.S. § It 05.
a. Section 1105(b)(1) through Section 1105(b)(10) identifies specific information to
be disclosed as well as exceptions to disclosure requirements when applicable.
68. As a Member of the Authority Board, Kean Staab was a public official required to file SFIs
annually for each calendar year in which she served on the Authority Board.
69. Kean Staab filed SFIs as an Authority Board Member for calendar years 2016 through 2020
as follows;
Calendar Date
Year
Filed
2016
1 /11/2017
2017
1/18/2018
2018
1/28/2019
2019
2/4/2020
2020
2/9/2021
70. As an Auditor with the Auditor General, Kean Staab was a public employee required to
file SFIs annually for each calendar year in which she was employed as an Auditor.
71. Kean Staab filed SFIs as an Auditor with the Auditor General for calendar years 2016
through 2020 as follows:
Kean Staab, 21-027
Page 17
Calendar Date
Year
Filed
2016
1 / 19/2017
2017
1 / 18/2018
2018
1/28/2019
2019
2/4/2020
2020
2/9/2021
72. On October 13, 2021, Kean Staab electronically filed an amended calendar year 2018 SFI
with the Commission which disclosed the interest rate of 2.6% on her Pennsylvania State
Employees Credit Union ("PSECU") loan.
a. Kean Staab still failed to identify and/or incorrectly identified the interest rate for
various credit cards and/or loans as shown:
Box 09 PSECU Visa incorrect interest rate
Box 09 Did not list PSECU car loan
Box 09 Did not list Barclays credit card
Box 09 Did not list JP Morgan Chase credit card
Box 09 Did not list US Bank credit card
b. Kean Staab was a Member of the Authority Board in 2020, but she did not list it as
a "held" position on the amended SFI she fled October 13, 2021.
C. On her amended calendar year 2018 SFI, Kean Staab changed the name of her
public employer from the Office of Auditor General on her originally filed SFI to
the Department of Auditor General.
73. On October 22, 2021, Kean Staab presented amended SFIs for calendar years 2016, 2017,
2018, 2019, and 2020 to Buffy Kornman, Authority Business Manager.
a. The amended SFIs for calendar years 2016, 2017, 2018, 2019, and 2020 were all
dated October 20, 2021.
b. Kean Staab failed to identify and/or incorrectly identified the interest rate for
various credit cards and/or loans as shown:
Box 09 PSECU Visa incorrect interest rate
Box 09 Did not list PSECU car loan
Box 09 Did not list Barclays credit card
Box 09 Did not list JP Morgan Chase credit card
Box 09 Did not list US Bank credit card
Kean Staab, 21-027
Page 18
C. The amended calendar year 2019 SFI failed to disclose Ashley's Chic Boutique,
6243 East Lake Road, Jamestown, PA 16134 in Box 13, Office, Directorship, or
Employment in any Business.
d. On her amended filings for each year, Kean Staab checked "hold" as the Chair of
the Authority Board, but at the time of the amended filing she was no longer a
Member of the Authority Board and should have checked "held."
74. Kean Staab electronically amended her calendar year 2020 SFI on April 4, 2022.
a. Kean Staab failed to identify and/or incorrectly identified the interest rate for
various credit cards and/or loans as shown:
Box 09 PSECU Visa incorrect interest rate
Box 09 Did not list PSECU car loan
Box 09 Did not list Barclays credit card
Box 09 Did not list JP Morgan Chase credit card
Box 09 Did not list US Bank credit card
B. Testimony
75, Kathy Haefner ("Haefner") is retired from her position as a special investigator for the
Investigative Division of the Pennsylvania State Ethics Commission.
a. Haefner was employed as a special investigator from June 2019 until May 2023, at
which time she retired from Commonwealth employment.
b. Prior to her retirement, Haefner was involved in the Investigative Division's
investigation of Kean Staab.
C. During the course of the investigation, Haefner obtained various documents related
to Kean Staab's attendance at a Pennsylvania Municipal Authorities Association
("PMAA") event in 2016, and the expenses she incurred as a result of her
attendance there.
1. ID — 1 is a copy of the pamphlet advertising the 2016 PMAA Annual
Conference and Trade Show ("2016 Annual Conference") held in
Pittsburgh, Pennsylvania at the Wyndham Grand Pittsburgh Downtown
from August 28, 2016, through August 31, 2016.
2. ID — 2 is a summary of attendees from the North and South Shenango Joint
Municipal Authority ("Authority") for the 2016 Annual Conference, which
details the attendees for each event, including meals, and the cost, if any.
Kean Staab, 21-027
Page 19
aa. Kean Staab was registered for the opening ceremonies, professional
luncheon ($29.00 per person), Heinz Field dinner and tour ($59.00
per person), exhibit area breakfast, exhibit area lunch, awards
banquet ($59.00 per person), breakfast program ($21.00 per person),
and several educational courses.
bb. Ms. Haefner explained that all meals were either free to attendees of
the 2016 Annual Conference or were paid for by the Authority.
3. ID — 3 is an August 12, 2016, check in the amount of $811.00 from the
Authority to PMAA for event registration at the 2016 Annual Conference.
4. ID — 4 is the Wyndham Grand Pittsburgh Downtown hotel folio for Kean
Staab's visit from August 28, 2016, to August 31, 2016.
aa. The hotel charges include upgrade charges of $150.00 per night plus
taxes and a restaurant charge of $17.98 incurred on August 29, 2016,
5. ID — 5 is a monthly statement for First National Bank Visa ending 5754, for
Michael Klink ("Klink"), North and South Shenango Joint Municipal
Authority, for the billing cycle ending September 2, 2016.
aa. Ms. Haefner testified that Klink was the Manager of the Authority
and had an Authority -issued Visa card.
bb. Included on this monthly statement is a charge of $1,285.16 for the
Wyndham Grand Pittsburgh Downtown on August 31, 2016.
6. ID — 6 is the meeting packet for the Authority's October 12, 2016, meeting,
which consists of, among other things, an agenda, minutes from the prior
meeting, and the financial report.
aa. The account register reflects that the total amount set forth in Exhibit
ID — 5 was paid by the Authority.
7. ID — 7 consists of the meeting minutes of the October 12, 2016, Authority
meeting in which Kean Staab was present and voted to approve last month's
financial report.
aa. The meeting minutes from the Authority's October 12, 2016,
meeting contain no mention of Board attendance at the 2016 Annual
Conference or anything learned from attendance at the conference.
Kean Staab, 21-027
Page 20
d. During the course of the investigation, Haefner also obtained records in connection
with expenses incurred by Kean Staab as a result of her attendance at the 2016
Water Environment Federation Technical Exhibition and Conference
("WEFTEC") in New Orleans, Louisiana.
I. ID ---- 8 is a monthly statement for Klink's Authority -issued First National
Bank Visa ending 5754, for the billing cycle ending October 2, 2016.
aa. The charges include two restaurant charges incurred in New Orleans
on September 24, 2016.
i. $225.78 for Olde Nawlins Cookery at 12:41 p.m.
ii. $330.21 for Deanie's Seafood at 09:45 p.m.
2. ID — 9 is the meeting packet for the Authority's November 9, 2016, meeting,
which consists of, among other things, an agenda, minutes from the prior
meeting, and the financial report.
aa. The account register reflects that the total amount set forth in Exhibit
ID — 8 was paid by the Authority.
3. ID —10 consists of the meeting minutes of the November 9, 2016, Authority
meeting in which Kean Staab was present and voted to approve last month's
financial report.
aa. The meeting minutes fiom the Authority's November 9, 2016,
meeting contain no mention of Board attendance at WEFTEC 2016
or anything learned from attendance at the conference.
4. ID —11 is a monthly statement for an American Airlines Red Mastercard in
the name of Kean Staab, which includes baggage fees incurred by Kean
Staab and S. Staab on September 27, 2016, as well as numerous other food
and drink charges incurred by Kean Staab while in New Orleans for
WEFTEC 2016.
e. During the course of the investigation, Haefner obtained various documents relating to
Kean Staab's attendance at a PMAA event in 2017 and the expenses she incurred as a
result of her attendance there.
1. ID — 12 is a copy of the pamphlet advertising the 2017 PMAA Annual
Conference and Trade Show ("2017 Annual Conference") held in Hershey,
Kean Staab, 21-027
Page 21
Pennsylvania at the Hershey Lodge & Convention Center from September
10, 2017, through September 13, 2017.
aa. Conference registration included several complimentary breakfasts.
bb. There were no events scheduled for Saturday, September 9, 2017,
and the only event scheduled for September 10, 2017, was an
evening welcome event from 08:30 p.m. to 10:30 p.m.
2. ID — 13 is the Hershey Lodge & Convention Center hotel folio for Kean
Staab's visit from September 9, 2017, to September 13, 2017.
aa. The total hotel charge for Kean Staab's stay was $1,358.67 ($199.79
deposit plus $1,158.88).
3. ID — 14 is a monthly statement for Klink's Authority -issued First National
Bank Visa ending 5754, for the billing cycle ending July 2, 2017.
aa. Klink's Authority -issued Visa paid charges totaling $998.95 to the
Hershey Lodge & Convention Center.
4. ID — 15 is the meeting packet for the Authority's August 9, 2017, meeting,
which consists of, among other things, an agenda, minutes from the prior
meeting, and the financial report.
aa. The account register reflects that the amount set forth in Exhibit ID
—14 was paid by the Authority.
5. ID — 16 consists of the meeting minutes of the August 9, 2017, Authority
meeting in which Kean Staab was present and voted to approve last month's
financial report, including the amount set forth in ID —14.
6. ID — 17 consists of the meeting minutes of the September 13, 2017,
Authority meeting.
aa. The meeting minutes from the Authority's September 13, 2017,
meeting contain no mention of Board attendance at the 2017 Annual
Conference or anything learned from attendance at the conference.
7. ID —18 is a monthly statement for Klink's Authority -issued First National
Bank Visa ending 5754, for the billing cycle ending October 1, 2017.
Kean Staab, 21-027
Page 22
aa, Klink's Authority -issued Visa paid $1,158.88 for charges incurred
by Kean Staab at the Hershey Lodge & Convention Center.
8. ID — 19 is the meeting packet for the Authority's November 1, 2017,
meeting, which consists of, among other things, an agenda, minutes from
the prior meeting, and the financial report.
aa. The account register reflects that the amount set forth in Exhibit ID
—18 was paid by the Authority.
9. ID — 20 consists of the meeting minutes of the November 1, 2017, Authority
meeting in which Kean Staab was present and voted to approve last month's
financial report, including the amount set forth in ID —18.
aa. The meeting minutes from the Authority's November 1, 2017,
meeting contain no mention of Board attendance at the 2017 Annual
Conference or anything learned from attendance at the conference.
f During the course of the investigation, Hacfner obtained records in connection with
expenses incurred by Kean Staab as a result of her attendance at WEFTEC 2017 in
Chicago, Illinois.
1. ID — 21 is a copy of the brochure advertising WEFTEC 2017 held in
Chicago, Illinois at the McCormick Place Convention Center from
September 30, 2017, through October 4, 2017.
aa. The brochure contains a list of 27 official conference hotels with
discounted rates for attendees.
Haefner testified that Kean Staab and other Authority
attendees and guests stayed at the Embassy Suites Hotel,
which is not included on the list of official conference hotels.
2. ID — 22 is a monthly statement for Klink's Authority -issued First National
Bank Visa ending 5754, for the billing cycle ending November 1, 2017.
aa. Included among the charges is $90.00 for Navy Pier Events and
Rides on September 30, 2017, and $239.70 for Get Your Guide
Tickets Berlin on October 1, 2017, neither of which was sponsored
by WEFTEC.
Kean Staab, 21-027
Page 23
3. ID — 23 is a meeting packet for the Authority's December 6, 2017, meeting,
which consists of, among other things, an agenda, minutes from the prior
meeting, and the financial report.
aa. The account register reflects that the amount set forth in 1D — 22 was
paid by the Authority.
4. ID — 24 consists of the meeting minutes for the December 6, 2017, Authority
meeting in which Kean Staab was present and voted to approve last month's
financial report, including the amount set forth in ID — 22.
aa. The meeting minutes from the Authority's December 6, 2017,
meeting contain no mention of Board attendance at WEFTEC 2017
or anything learned from attendance at the conference.
g. During the course of the investigation, Haefner obtained records in connection with
expenses incurred by Kean Staab as a result of her attendance at WEFTEC 2018 in
New Orleans, Louisiana,
1. ID — 25 is a monthly statement for Klink's Authority -issued First National
Bank Visa ending 5754, for the billing cycle ending October 1, 2018, which
included the following charges:
aa. $450.00 — WEFTEC Registration (09/27)
bb. $111.00 — Airport Limousine Service, New Orleans (09/29)
CC. $388.04 ---- Olde Nawlins Cookery, New Orleans (09/29)
dd. $372.00 — Tickets At Work (09/18)
ee. $283.38 —Tickets At Work (09/19)
i. Ms. Haefner explained that Tickets At Work is a website that
allowed Authority employees to obtain tickets to various
events, such as tours, in New Orleans.
2. ID — 26 is a meeting packet for the Authority's November 14, 2018,
meeting, which consists of, among other things, an agenda, minutes from
the prior meeting, and the financial report.
aa. The account register reflects that the amount set forth in ID — 25 was
paid by the Authority.
3. ID — 27 consists of the meeting minutes for the November 14, 2018,
Authority meeting in which Kean Staab was present and voted to approve
last month's financial report, including the amount set forth in ID — 25.
Kean Staab, 2 t-027
Page 24
aa. The meeting minutes from the Authority's November 14, 2018,
meeting contain no mention of Board attendance at WEFTEC 2018
or anything learned from attendance at the conference.
4. ID — 28 is a monthly statement for Klink's Authority -issued First National
Bank Visa ending 5754, for the billing cycle ending November 1, 2018.
aa. Included on this statement are charges in the total amount of
$8,783.87 from the Royal Sonesta Hotel in New Orleans, Louisiana.
ID — 29 is a meeting packet for the Authority's December 12, 2018,
meeting, which consists of, among other things, an agenda, minutes from
the prior meeting, and the financial report.
aa. The account register reflects that the amount set forth in ID — 28 was
paid by the Authority.
6. ID — 30 consists of the meeting minutes for the December 12, 2018,
Authority meeting in which Kean Staab was present and voted to approve
last month's financial report, including the amount set forth in ID — 28.
aa. The meeting minutes from the Authority's December 12, 2018,
meeting contain no mention of Board attendance at WEFTEC 2018
or anything learned from attendance at the conference.
h. During the course of the investigation, Haeffier obtained various documents
relating to Kean Staab's attendance at PMAA's 2019 Annual Conference at
Kalahari Resorts and Convention Center in Pocono Manor, Pennsylvania, and the
expenses she incurred as a result of her attendance there.
1. ID — 31 is Kean Staab's PMAA Registration Confirmation in the amount of
$464.00 for the 2019 Annual Conference.
2. ID — 32 is a monthly statement for Klink's Authority -issued First National
Bank Visa ending 5754, for the billing cycle ending August 1, 2019.
aa. Included on this statement is the $464.00 charge for Kean Staab's
registration for the 2019 Annual Conference.
ID — 33 is a meeting packet for the Authority's September 11, 2019,
meeting, which consists of, among other things, an agenda, minutes from
the prior meeting, and the financial report.
Kean Staab, 21-027
Page 25
aa. The account register reflects that the amount set forth in ID — 32 was
paid by the Authority.
4. ID — 34 is the Kalahari Resorts hotel folio for room 6261 from September
8, 2019, to September 11, 2019, and charged to Klink's Authority -issued
First National Bank Visa ending 5754.
aa. Haefner testified that Kean Staab stayed in room 6261 from
September 8, 2019, to September 11, 2019.
bb. Haefner W ther testified that Kean Staab incurred restaurant and
liquor expenses of $194.53 during her stay.
5. ID — 35 consists of the meeting minutes for the September 11, 2019,
Authority meeting in which Kean Staab was present and voted to approve
last month's financial report, including the amount set forth in ID — 34.
aa. The meeting minutes from the Authority's September 11, 2019,
meeting contain no mention of Board attendance at the 2019 Annual
Conference or anything learned from attendance at the conference.
6. ID -- 36 is a monthly statement for Klink's Authority -issued First National
Bank Visa ending 5754, for the billing cycle ending October 1, 2019.
aa. Included on this statement is the $194.53 in restaurant and liquor
charges incurred by Kean Staab at the 2019 Annual Conference.
During the course of the investigation, Haefner obtained records in connection with
expenses incurred by Kean Staab as a result of her attendance at WEFTEC 2019 in
Chicago, Illinois.
1. ID --- 37 is the WEFTEC 2019 Official Conference Hotel Listing.
aa. Haefner testified that there are 35 hotels listed on the Official
Conference Hotel List.
bb. Haefner explained that the hotels on the list were discounted for
WEFTEC attendees.
cc. Haefner noted that the Ivy Boutique Hotel, where Kean Staab and
other Authority attendees and guests stayed, is not on the list.
Kean Staab, 21-027
Page 26
dd. ID ---- 36 contains six payments totaling $7,578,07 to the Ivy
Boutique Hotel on September 25, 2019.
CC. Haefner did not know whether any of the 35 hotels on the Official
Conference Hotel list were available for booking when the
Authority made its reservations.
2. ID — 38 is a monthly statement for Kean Staab's Authority -issued First
National Bank Visa ending 5147, for the billing cycle ending October 1,
2019.
aa. The total charges for the billing cycle ending October 1, 2019,
amounted to $785.05.
bb. Haefner testified that included among the charges were those for
Bike Chicago Navy Pier, various restaurants, several taxi rides, and
a Seadog Ventures tour on September 23, 2019, a riverboat tour
company event that was not sponsored by WEFTEC.
3. ID --- 39 is a meeting packet for the Authority's November 6, 2019, meeting,
which consists of, among other things, an agenda, minutes from the prior
meeting, and the financial report.
aa. The meeting minutes from the Authority's October 8, 2019, meeting
contain no mention of Board attendance at WEFTEC 2019 or
anything learned from attendance at the conference.
bb. The account register reflects that the amounts set forth in ID — 36
and ID — 3 8 were paid by the Authority.
4. ID — 40 consists of the meeting minutes for the November 6, 2019,
Authority meeting in which Kean Staab was present and voted to approve
last month's financial report, including the amounts set forth in ID -- 36 and
ID-38.
aa. The meeting minutes from the Authority's November 6, 2019,
meeting contain no mention of Board attendance at WEFTEC 2019
or anything learned from attendance at the conference.
Haefner reviewed Authority meeting minutes for the January meetings of 2016,
2017, 2018, and 2019 in which the Authority Board voted to pay for out of pocket
expenses related to travel training for Authority Board Members, employees, and
their guests, as well as mileage reimbursement in accordance with the IRS rate.
Kean Staab, 21-027
Page 27
k. During the course of the investigation, Haefner obtained documents related to
allegations that Kean Staab failed to take leave from her position with the
Pennsylvania Department of the Auditor General ("Auditor General") while she
was attending PMAA and WEFTEC conferences for the Authority.
1. ID — 41 is a record of Kean Staab's work schedule with the Auditor General
beginning March 23, 2015, as well as a record of her absences from the
Auditor General.
a. The following is a list of leave time taken by Kean Staab on the dates
she was registered for attendance at PMAA Annual Conferences and
WEFTEC:
2016 PMAA Annual Conference
08/29/16
—1.50 hours
08/30/16
—None
08/31/16
---None3
WEFTEC 2016
09/26/16
— 7.50 hours
09/27/16
— 7.50 hours
2017 PMAA Annual Conference
09/11/17
—None
09/12/17
— None
09/13/17
— None
WEFTEC 2017
10/02/17
-- 8.0 hours'
WEFTEC 2018
10/01/18
— 8.0 hours
10/02/18
— 8.0 hours
10/03/18
— 8.0 hours
2019 PMAA Annual Conference
09/09/19
— 8.0 hours
09/10/19
— 8.0 hours
09/11/19
— None
WEFTEC 2019
09/23/19
-- 7.50 hours
09/24/ 19
-- 7.50 hours
09/25/19
-- 7.50 hours
1. During the course of the investigation, Haefner also obtained various documents
pertaining to Kean Staab's Statements of Financial Interests for calendar years
2016, 2017, 2018, 2019, and 2020. See Exhibits ID — 42A through ID — 46B.
76. Michael Klink ("Klink") is currently employed as an environmental specialist for Deiss
and Halmi Engineering, prior to which he served as Chair of the Authority Board for one
year and as Authority Manager for 16 years.
'PMAA Annual Conferences were typically scheduled for only a half day of activities on the final day.
'The Commonwealth offers certain employees the ability to have an Alternate Work Schedule ("AWS") in which
employees work pre -established additional hours (beyond the regular 7.5 or 8.0 hours per day) on certain workdays
within a pre -established time period (e.g., week, pay period, month) in order to accumulate and receive an equivalent
number of additional hours oft' on a pre -established day (or days) during that time period.
Kean Staab, 21-027
Page 28
a. The Authority is a wastewater treatment facility that serves portions of both North
and South Shenango Townships.
b. Klink testified that as the Authority Manager, he was responsible for overseeing the
overall operations of the Authority, including the work of office and field
employees, repairs and maintenance, and billing and collections.
1. Klink reported to the Authority Board.
C. Klink also testified that he attended the PMAA Annual Conferences and WEFTEC
during the 2016 to 2019 timeframe because they offered educational training
courses and other information that assisted with his job duties as Authority
Manager.
1. He stated that Authority Board Members generally did not attend any of the
training courses typically designed for water and wastewater operators.
2. He testified that the main focus of WEFTEC is the Exhibition Hall, which
had approximately one thousand vendors displaying water and wastewater
equipment among other items.
3. Klink explained that the Exhibition Hall would take a full day to just walk
the floor, not including time spent stopping at various stations for
information.
4. Klink took a guest to each WEFTEC conference but not to the PMAA
Annual Conferences.
a. According to Klink, the Authority Board was aware that he took a
guest each year to WEFTEC.
d. Klink testified that he had an Authority -issued Visa credit card to use for purchases
for the Authority.
Klink stated that he had approval to purchase under $500.00; any purchase
over that amount had to be approved by an Authority Board Member,
2. He explained that when a bill came in, the receipts to support the bill were
stapled to the bill and given to him for approval.
3. ID — 5 is Klink's Authority -issued Visa Bill, which contains an "Approved"
stamp, Klink's handwritten initials, and a date of 9/22/15.5
s Klink testified that the 20I5 date is an error and instead should be 2016.
Kean Staab, 21-027
Page 29
4. Klink testified that he would typically charge this Visa Card for hotel stays
in connection with PMAA and WEFTEC conferences.
e. Klink stated that he was responsible for putting together the meeting packets and
providing them to Authority Board Members prior to the scheduled meeting.
1. The meeting packet contained the month's financial report indicating which
bills had been paid or needed to be paid but did not contain specific receipts
like ID — 5.
f. Klink testified that he or other staff made all hotel reservations for PMAA, while
various individuals, including himself, Susan Dvorsky, and Kean Staab, booked the
hotels for WEFTEC.
1. Klink stated that sometimes he selected the hotel, while other times the
recommendation came from Kean Staab.
2. He also stated that location was the primary consideration for the hotel
choice.
g. Klink stated that he never made the airline reservations and did not select the dates
of travel.
h. Klink explained that WEFTEC did not provide attendees with any meals, so he and
the Authority Board Members ate at different restaurants each night.
1. He testified that Kean Staab would typically put together group dinners for
them to attend.
aa. According to Klink, there were no limitations on spending at meals
and no restrictions on ordering alcohol.
i. He testified that neither the Authority Solicitor nor the
Authority -hired Auditor ever questioned the alcohol costs.
ii. Klink stated that he was never advised that the Authority was
not permitted to cover alcohol costs.
iii. Klink did not recall any provision of the Municipal
Authorities Act that discussed the ability to cover the costs
of alcohol.
Kean Staab, 21-027
Page 30
2. Klink testified that his guest and Authority Board Member guests ate with
the group, and the Authority -issued Visa Card paid for their meals and
drinks as well.
3. Klink acknowledged that all of the charges from the group dinners were put
on his Authority -issued Visa Card until some Authority Board Members
obtained Authority -issued credit cards.
aa. Klink did not recall when Authority Board Members received their
own credit cards.
i. Klink testified that he and Authority Board Members went on excursions and tours
while in Chicago and New Orleans for WEFTEC.
1. Klink admitted that his guest and Authority Board Member guests
accompanied them on excursions and tours in each city, and the Authority -
issued Visa Card paid for their attendance as well.
2. He explained that the costs for these excursions and tours were charged to
Klink's Authority -issued Visa Card until some Authority Board Members
obtained Authority -issued credit cards.
3. Klink admitted that most of these excursions and tours, including the Cajun
Pride Tour in New Orleans and the excursion to the Navy Pier in Chicago,
had no connection to WEFTEC.
4. Klink testified that Kean Staab brought guests to Chicago and New Orleans.
aa. He acknowledged that Kean Staab's guests' attendance at the group
dinners and events was charged to Klink's Authority -issued Visa
Card.
bb. Klink never received any money from anyone to cover the cost of
expenses for any of Kean Staab's guests.
j. 1D — 49 is an October 7, 2016, email from Kean Staab to Klink in which she requests
reimbursement for travel expenses to WEFTEC 2016 in the amount of $691.56.
1. These expenses listed by Kean Staab included baggage fees, parking, taxi
rides, and food as follows:
Parking $96.00
Baggage $120.00
Kean Staab, 21-027
Page 31
Food $296.47
Taxi $179.09
$691.56
2. The email does not include any attached receipts.
k. Klink did not recall any discussions or reports by Authority Board Members about
what was learned at PMAA Annual Conferences or WEFTEC.
Klink testified that in 2014, he and Kean Staab both expressed concerns about the
legality of covering the costs of guests accompanying Authority Board Members to
PMAA and WEFTEC.
1. Following discussions with the Authority Solicitor, motions were made at
each year's reorganization meeting to cover the costs of expenses incurred
by Authority Board Members, Klink, and guests at conferences.
77. Susan Dvorsky ("Dworsky") is currently employed as an accounting supervisor at Aero
Electric; however, she was employed as a bookkeeper/secretary for the Authority between
2015 and 2020.
a. For part of her time with the Authority, she was responsible for preparing the
minutes from the previous month's meeting.
1. She stated that she did not regularly attend Authority Board meetings but
was able to prepare the meeting minutes from the audio recording of each
meeting.
2. She testified that she noted any abstentions in the meeting minutes.
b. According to Dvorsky, who reported to Klink, she assisted in preparing the tnecting
packets provided to Authority Board Members.
1. She prepared the account registers that were part of the financial packet that
was given to Authority Board Members.
2. She explained that if a credit card statement was submitted for payment, she
would attach the provided receipts or circle items for which receipts were
not provided and place the entire document on the table for Authority Board
Members to review at the meeting.
Kean Staab, 21-027
Page 32
3. ID — 50 is a copy of the check and mailing envelope that was sent to Card
Services in response to Kean Staab's October 7, 2016, email requesting
reimbursement for travel expenses. See ID — 49.
4. ID — 51 is a Credit Card Authorization Form completed by Dvorsky and
submitted to Hershey Entertainment & Resorts.
aa. Dvorsky testified that at the direction of Klink, she authorized the
following charges to be applied to Klink's Authority -issued credit
card;
i. Guest Rooms and Tax;
ii. Guest Room Incidentals;
iii. Food and Beverages;
iv. HSY Destination Services;
v. Spa Services; and
vi. Country Club.
78. Angel L. Carnahan ("Carnahan") has been employed by the Pennsylvania Department of
the Auditor General ("Auditor General") for 32 years and is currently an Auditor 5.
Carnahan supervises anywhere between 4 to 6 employees.
b. Carnahan testified that she supervised Kean Staab during the course of Kean
Staab's employment with the Auditor General.
She explained that Kean Staab was not required to report to a regional office
but instead was a work -from -home employee required to check in and out
for the day via computer.
aa. Due to the lack of regional office locations, Carnahan trained
employees at various locations throughout her regional area and also
traveled to audit sites with supervisees to assist in the training
process.
2. She stated that all of her supervisees were required to be available to her
i. e., reachable by telephone or text message, at all times during the workday.
aa. She stated that she was never not able to reach Kean Staab during
work hours.
3. Carnahan stated that she was in constant contact with her supervisees
throughout the workday via phone, text, and computer.
Kean Staab, 21-027
Page 33
aa, According to Carnahan, Auditor General employees had a computer
program named "Jabber" which is similar to Microsoft Teams, in
that it allowed her to determine an employee's presence and
availability during the workday.
bb. Although she was responsible for supervising at least 6 employees
which involved reviewing their work and occasionally meeting with
them in person or via electronic means, Carnahan was adamant that
she, along with her director, watched her supeivisces' statuses on
Jabber all the time.
4. Carnahan explained that she is now able to check an employee's work by going
into a shared online folder where each auditor saves their work.
aa. This shared online folder is only accessible to the auditor, Carnahan,
and Carnahan's superiors in the chain of command,
bb. She noted that this was not the case when employees, such as Kean
Staab, performed audits on paper and without the benefit of the
technology that exists today.
5. R — 3 is a copy of various Audit Timesheets and Work Notes for Kean Staab,
which reflects, among other things, the work completed by Kean Staab on
various dates, as well as leave requests submitted by Kean Staab while attending
PMAA Annual Conferences and WEFTEC from 2016 through 2019.
aa. Carnahan testified that on August 29, 2016, and August 30, 2016,
she met with Kean Staab in Pittsburgh to work on the audit assigned
to Kean Staab.
i. Kean Staab billed for 6.0 hours on August 29, 2016, and 7.50
hours on August 30, 2016, and August 31, 2016.
ii. Carnahan testified that two hours on August 30, 2016, were
allocated to union contract voting, a permissible activity per
Auditor General management; however, she acknowledged
that Kean Staab mistakenly indicated that this time was for
"travel to review audit with Angel."
bb. Kean Staab billed 8,0 hours each day from September 11, 2017,
through September 13, 2017, including 5.0 hours for "Bureau
Travel" to McKean County on September 13"'.
Kean Staab, 21-027
Page 34
i. Included among the work documents is a letter signed and
dated September 13, 2017, by the representatives of the
McKean County audit confirming that Kean Staab was in
McKean County and opened the audit on that date.
ii. Carnahan stated that it was Auditor General policy to allow
a work-fiom-home auditor to bill travel time only from their
home to the audit site regardless of where the auditor is
physically located when they begin their travel to the audit
location.
cc. Kean Staab utilized 8.0 hours of leave on September 9, 2019, and
September 10, 2019, and billed the Auditor General for 8.0 hours on
September 11, 2019.
L According to Carnahan, Kean Staab was working on an audit
in the Philadelphia area on September 11, 2019; however,
she agreed that the work papers do not document Kean
Staab's presence in Philadelphia on that date.
6. R — 4 is a compilation of work papers documenting Kean Staab's completed
work during the aforementioned weeks in August 2016, and September
2017 and 2019, respectively.
aa. Carnahan testified that she reviewed an employee's timesheets and
the employee's completed work product to ensure that the hours
billed corresponded with the work completed by the employee.
i. The work hours completed by Kean Staab matched the
number of work hours billed by her each of the
aforementioned weeks.
7. Carnahan admitted that neither R — 3 nor R — 4 shows that she met with
Kean Staab in Pittsburgh on August 29, 2016, and August 30, 2016.
a. Carnahan could not recall the reason Kean Staab was in Pittsburgh.
79. Alan R. Shaddinger, Esquire ("Shaddinger"), is a sole practitioner in the Crawford County,
Pennsylvania area.
a. The focus of his law practice is representing local municipalities and authorities.
Kean Staab, 21-027
Page 3 5
He currently represents approximately 25 townships, six boroughs, five
zoning hearing boards, four sewer authorities, and one water authority.
b. He was the Authority's Solicitor from 2003 through 2022.
He testified that the Authority wanted him to attend all meetings.
C. R — 6 consists of copies of Authority meeting minutes for reorganization meetings
held in January of 2013 through 2020,E respectively.
The January 9, 2013, meeting minutes document a motion that the Authority
pay for all Authority Board Members and their guests to attend educational
conferences in 2014.
aa. The motion passed unanimously.
2. The meeting minutes from the below listed meetings document identical
motions regarding the Authority paying for travel expenses incurred by
Authority Board Members and their guests to attend training.
aa. January 14, 2015;
January 13, 2016;
January 11, 2017;
January 18, 2018;
January 9, 2019; and
January 8, 2020.
bb. Kean Staab was present for these meetings, and the motions passed
unanimously.
3. Shaddinger initially did not recall being questioned or giving advice about
the topic of the Authority paying the travel expenses of Authority Board
Members and their guests at these meetings.
aa. He did recall private discussions with Kean Staab and Klink about
travel -related expenses.
bb. He stated that he advised Kean Staab that if there were questions
about the Authority's ability to pay for travel expenses of Authority
6 The copy of the January 8, 2014, meeting minutes provided by Kean Staab is only one page and does not contain
any relevant information to the issue of the Authority's approval of Board Member's expenses for attending
educational conferences.
Kean Staab, 21-027
Page 36
Board Members and their guests, then it would be wise to adopt a
formal policy each year to allow for such expense reimbursement.
i. He acknowledged that a formal policy was not drafted until
2020 after the Authority's credit rating was downgraded and
the public raised concerns about travel expenses.
ii. He noted that Kean Staab drafted the travel reimbursement
policy, which he reviewed and revised.
4. He also did not recall ever advising Authority Board Members who attended
an educational conference to abstain from voting on payments related to
expense reimbursement.
5. With regard to WEFTEC, Shaddinger testified that his opinion as to the
appropriateness of expense reimbursement would not have changed even if
he knew that Authority Board Members never registered to attend classes
or seminars and traveled to Chicago and New Orleans on Saturday even
though the Exhibition Hall, the only event for which they were registered,
opened on Monday.
6. He testified that the Authority had independent audits done each year and
the auditor never raised the issue of expense reimbursement as being
problematic.
C. Exhibits?
80. 1D —13 is the hotel folio and accompanying receipts for Kean Staab's stay at the Hershey
Lodge & Convention Center from September 9, 2017, to September 13, 2017. Charges to
Kean Staab's room account included the following:
Date
Weelcday
Description
Charge
9/9/2017
Saturday
Room/Package
$189.00
9/9/2017
Saturday
Fire & Grain
$45.50
9/9/2017
Saturday
Fire & Grain
$143.61
9/10/2017
Sunday
Room/Package
$189.00
9/10/2017
Sunday
Lodge Beaneiy
$21.85
9/t0/2017
Sunday
Lodge Lobby Bar
$85.00
9/1112017
Monday
Room/Package
$189.00
7 Exhibits ID — 1 through ID — 46 were admitted during the testimony of Kathy Haefner. See Paragraphs 75(a) through
(1). As such, those exhibits only will be listed here if there is additional relevant information that was not discussed by
Ms. Haefner during her testimony. The same applies to the following exhibits: ID — 49 discussed during Michael
Klink's testimony; ID -- 50 and ID — 51 discussed during Susan Dvorsky's testimony; R — 3 and R— 4 discussed during
Angel Carnahan's testimony; and R — 6, which was admitted during Alan Shaddinger's testimony.
Kean Staab, 21-027
Page 37
9/11/2017
Monday
Lodge Room Service
$56.84
9/11/2017
Monday
Lodge Lobby Bar
$47.75
9/12/2017
Tuesday
Room/Package
$189.00
9/12/2017
Tuesday
Fire & Grain
$17.19
9/12/2017
Tuesday
Cocoa Cabana
$24.44
9/12/20I7
Tuesday
Fire & Grain
$24.08
9/12/2017
Tuesday
Lodge Lobby Bar
$53.25
County Occupancy Tax
$37.80
Occupancy Tax
$45.36
Total
$1,358.67
6/6/2017
Deposit Visa 5754
$199.79
9/13/2017 Wednesday Balance Due Visa 5754 $1,158.88
81. ID — 31 is Kean Staab's 2019 Annual Conference Registration Form, which documents a
conference registration fee of $295.00, as well as Kean Staab's registration for PMAA-
sponsored events that required an additional fee to be paid as shown below:
Event
Date of
Re0stered
Cost
Event
Individual
Board/Solicitors Members Lunch
9/9/2019
Kean Staab
$30.00
Awards Banquet
9/9/2019
Kean Staab
$59.00
Night on the Boma
9/10/2019
Kean Staab
$59.00
Closing Breakfast
9/11/2019
Kean Staab
$21.00
Total $169.00
82. ID — 47 is a copy of Kean Staab's sworn statement taken by Investigator Haefner on
September 20, 2021. Kean Staab discussed the differences between the PMAA Annual
Conferences and WEFTEC. She described WEFTEC as more of an exhibition of industry
items for contractors and operators whereas the PMAA Annual Conferences were more
board member oriented, providing training and information for board members. According
to Kean Staab, PMAA's "classes were from morning til night." ID — 47, p. 72.
Kean Staab stated that every Board Member attended WEFTEC's Exhibition Hall for at
least part of one of the dates they were there. When asked what she did the remainder of
the time, Kean Staab stated as follows:
"I would go to the expo, I would go get something to eat, I would go get
lunch, um, if I didn't feel good or if I was bored I would go, I'd go
swimming if it was hot, um I would go for a walk, um yeah, nobody was
expected to go to that from eight to, to five, It was all individuals of how
they went to it."
ID — 47, p. 88.
Kean Staab, 21-027
Page 38
Kean Staab further stated that there were not any rules as to whether Authority Board
Members had to attend the WEFTEC Exhibition Hall or any of the training sessions offered
at the PMAA Annual Conferences, See ID — 47, pp. 89-91.
Kean Staab characterized WEFTEC as beginning on Sunday and ending on Wednesday
each year. She conceded that registration began on Sunday and the Exhibition Hall — the
only activity for which they registered — opened on Monday. When asked why the
Authority Board Members typically arrived in New Orleans or Chicago on Saturday when
the Exhibition Hall did not open until Monday, Kean Staab replied, "That's what the board
voted to do." ID — 47, pp. 64-65.
83. ID — 48 is a copy of Kean Staab's testimony in the matter of South Shenango Toivnshrp v.
John Tucker in the Court of Common Pleas of Crawford County. This document was
admitted subject to redaction of the irrelevant portions properly objected to by Kean Staab.
During her testimony, Kean Staab claimed that the Authority never paid for any of her
guest's travel expenses and that the reason the Authority paid for other guest travel is
because the other Authority Board Members were elderly with health issues and in need of
assistance while traveling. She further testified that this was a way to compensate Authority
Board Members for their service since they chose not to be compensated as allowed under
the Pennsylvania Municipal Authorities Act. See ID — 48, pp. 203-205.'
Kean Staab admitted during her testimony that the group of Authority travelers regularly
had drinks with meals in the cities they visited for conferences. See ID --- 48, pp. 211-212.
84. R — 7 consists of copies of Authority meeting minutes for various dates between January
5, 2000, to September 11, 2013, in which the Authority voted to approve mileage and
expense reimbursement for Authority Board Members and their guests to attend training
conferences.
85. R — I 1 appears to be a credit card account statement for Samantha M. Staab, Thomas R.
Staab, and Valerie A. Staab for the period of September 9, 2016, through October 7, 2016.
This statement contains a number of charges that occurred in New Orleans between
September 24, 2016, and September 27, 2016.
86. R — I I consists of receipts from Antoine's Restaurant in New Orleans, Louisiana, dated
October 1, 2018, for a total of $739.50, These receipts include various food and drink
charges, including numerous alcoholic beverages.
III. DISCUSSION:
8 The pages of this transcript were not numbered by the Investigative Division so the references are to the page numbers
of the original transcript located in the lower righthand corner of the document.
Kean Staab, 21-027
Page 39
As a Member of the Board of the North and South Shenango Joint Municipal Authority
("Authority") during all times relevant to these proceedings, Respondent Valerie Kean Staab
("Kean Staab") was a public official subject to the provisions of the Public Official and Employee
Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sect. As an Auditor with the Pennsylvania
Department of the Auditor General ("Auditor General") during all times relevant to these
proceedings, Kean Staab was a public employee subject to the provisions of the Ethics Act.
The allegations are as follows:
A. That Valerie Kean Staab, a public official/public employee in her capacity as a
Member of the North and South Shenango Township Joint Municipal Authority,
Crawford County, ("Authority"), violated Sections 1103(a), 1104(a), 1105(b)(4)
and 1105(b)(8) of the Ethics Act (Act 93 of 1998):
(1) When she used the authority of her public position for the private pecuniary
benefit of herself, and/or members of her immediate family, when she
participated in Authority votes to approve guest attendance and/or expense
payments; when she incurred and charged expenses of a personal nature to
Authority credit cards and accounts when traveling on Authority business
for conferences and/or conventions; and when she submitted for
reimbursement expenses of a personal nature alleged to have been paid in
cash or by personal credit card;
(2) When she approved payments to vendors and/or credit card companies or
herself for personal expenses incuffed while traveling on Authority
business; and
(3) When she filed deficient Statements of Financial Interests for calendar years
2016, 2017, 2018, 2019, and 2020.
B. That Valerie Kean Staab, a public official/public employee in her capacity as an
Auditor with the Pennsylvania Department of the Auditor General, violated
Sections 1103(a), 1104(a), 1105(b)(4), and 1105(b)(8) of the Ethics Act:
(1) When she failed to utilize leave to account for time not worked in her
Commonwealth employment during normal business days and hours and
received her full wages for those days and hours when not working; and
(2) When she filed deficient Statements of Financial Interests for calendar years
2016, 2017, 2018, 2019, and 2020,
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:
Kean Staab, 21-027
Page 40
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict" or "conflict of interest" is defined in the Ethics Act as follows;
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through his
holding public office or employment for the private pecuniary
benefit of himself, a Member of his immediate family or a business
with which he or a Member of his immediate family is associated.
The term does not include an action having a de minimis economic
impact or which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry, occupation or
other group which includes the public official or public employee, a
Member of his immediate family or a business with which he or a
Member of his immediate family is associated.
"Authority of office or employment." The actual power
provided by law, the exercise of which is necessary to the
performance of duties and responsibilities unique to a particular
public office or position of public employment.
"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. 65 Pa.C.S. § 1102.
Kean Staab, 21-027
Page 41
Section 1104(a) of the Ethics Act provides that each public official/public employee must
file an SFI for the preceding calendar year, by May 1 of each year that he holds the position and
the year after he leaves it.
Section 1105(b)(4) of the Ethics Act requires the filer to disclose on the SFI the name and
address of each creditor to whom is owed in excess of $6,500 and the interest rate thereon.
Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the SFI any office,
directorship or employment of any nature whatsoever in any business entity.
We shall now summarize the relevant facts.
The Authority is governed by a six -Member Board. Kean Staab served as a Member of the
Authority Board from January 2, 2001, until December 2020. She served as Chair of the Authority
Board from at least January 9, 2008, until she asked not to be reappointed to the Authority Board
in December 2020.
Re ardin Kean Staab's Ex eases in Relation to Penns lvania Municipal Authorities
{ „ Association vents Attended in 206, 2017, and 2019
The Pennsylvania Municipal Authorities Association ("PMAA") is the recognized
association for municipal authorities in the Commonwealth of Pennsylvania. Kean Staab, as an
Authority Board Member, regularly attended various events hosted by PMAA, including an
Annual Conference and Trade Show ("Annual Conference") held in or around August or
September of each year in alternating locations throughout the Commonwealth. Kean Staab
attended the Annual Conference from at least 2016 through 2019.9
Other Authority Board Members, including John Tucker ("Tucker") and Dieter Meyer
("Meyer"), as well as the Authority General Manager, Michael Klink ("Klink"), regularly attended
the Annual Conferences. Most had guests accompany them and take part in various events and
meals with the registered attendees. At reorganization meetings in 2013, and 2015 through 2020,
the Authority Board Members, including Kean Staab, approved payment of out-of-pocket
expenses and a mileage rate in accordance with the IRS per mile rate, related to travel for general
training for Authority Board Members, employees, and their guests.10
Soon after being hired as the General Manager of the Authority, Klink was issued an
Authority credit card." Susan Dvorsky ("Dvorsky"), the Authority's bookkeeper/secretary, also
9Although the Investigative Complaint/Findings Report contained averments related to Kean Staab's attendance at the
2018 Annual Conference in Erie, Pennsylvania, the Investigative Division chose not to offer any evidence regarding
these averments. Accordingly, the 2018 Annual Conference will not be addressed herein.
3°The 2016 reorganization meeting minutes fail to mention the word "guest" in the motion to approve such expenses;
however, Solicitor Shaddinger credibly testified to his belief that the Authority intended to include guests as it had in
prior years. See N,T. pp. 422-423.
" Klink's Authority -issued credit card was a First National Bank Visa ending 5754. For purposes of clarification and
Kean Staab, 21-027
Page 42
had an Authority credit card. In 2019, Kean Staab suggested that every Authority Board Member
be issued her/his own Authority credit card. Not every Authority Board Member opted to have an
Authority -issued credit card; however, Kean Staab decided to obtain one. Kean Staab's travel
expenses to PMAA events were charged to the Authority credit cards of Klink, Dvorsky, or Kean
Staab or to Kean Staab's personal credit card for which she subsequently sought and received
reimbursement.
A. 2016 Annual Conference — Pittsburgh, Pennsylvania
The 2016 Annual Conference was held at the Wyndham Grand Hotel in Pittsburgh,
Pennsylvania from Sunday, August 28, 2016, through Wednesday, August 31, 2016, The
Authority paid a conference registration fee of $285.00 for Kean Staab to attend the 2016 Annual
Conference. The Authority also paid $168.00 via check for Kean Staab's registration at several
PMAA-sponsored events that required an additional fee to be paid. These events included a
luncheon, a dinner and tour of Heinz Field, an awards banquet, and a breakfast. It is unclear
whether Kean Staab attended any of these events.
Kean Staab's daughter accompanied Kean Staab to the 2016 Annual Conference. Kean
Staab was charged an additional $150.00 per night plus taxes for an upgraded room to
accommodate her guest. Charges to Kean Staab's room account at the Wyndham Grand Hotel
included the following:
Total
Occupancy
Upgrade
Occupancy
Valet
Restaurant Expenses
Date
Room
Taxes
Charge
Taxes
Parking
Ch___ arges Per Day
8/28/2016
$179.00
$25.06
$150.00
$21.00
$30.00
- $405.06
8/29/2016
$179.00
$25.06
$150.00
$21.00
$30.00
$1798 $423.04
8/30/2016
$179.00
$25.06
$150.00
$21.00
$82.00
- $457.06
Total $1,285.16
Kean Staab's hotel charge of $1,295,16 was paid with Klink's Authority -issued credit card
on August 31, 2016. At the October 12, 2016, Authority Board meeting, the Authority Board voted
to approve the financial report for September 2016 which included a payment of $5,348.14 to
Klink's Authority -issued credit card bill that included Kean Staab's hotel charges. Notably, Kean
Staab was present for this meeting and voted to approve the September 2016 financial report.
B. 2017 Annual Conference — Hershey, Pennsylvania
The 2017 Annual Conference was held in Hershey, Pennsylvania from Sunday, September
10, 2017, through Wednesday, September 13, 2017, at the Hershey Lodge & Convention Center.
The Authority paid a conference registration fee of $325.00 for Kean Staab to attend the Annual
Conference. The Annual Conference registration fee included complimentary breakfasts for
brevity, this will be referred to as Klink's "Authority -issued credit card."
Kean Staab, 21-027
Page 43
registrants on Monday, September 11, 2017, and Tuesday, September 12, 2017, and a
complimentary lunch on Tuesday, September 12, 2017,
Kean Staab was registered to stay at the Hershey Lodge & Convention Center at a rate of
$189.00 per night. Kean Staab arrived on Saturday, September 9, 2017, and departed on
Wednesday, September 13, 2017. The 2017 Annual Conference did not begin until the evening of
Sunday, September 10, 2017.
Charges to Kean Staab's room account at the Hershey Lodge & Convention Center totaled
$1,358.67 and included numerous food and alcohol charges, all of which were paid by Klink's
Authority -issued credit card. Authority records show that the credit card with the hotel down
payment of $199.79 was paid via an internet payment on July 26, 2017, Kean Staab subsequently
voted to approve the financial report which included this charge.
Kean Staab's hotel balance of $1,158.88 was paid on September 13, 2017, using Klink's
Authority -issued credit card. Authority records show that the credit card with the hotel balance
was paid via an internet payment on October 2, 2017. At the November 1, 2017, meeting, the
Authority Board voted to approve the financial report for October 2017 which included a payment
of $8,261.49 to Klink's Authority -issued credit card account that included Kean Staab's hotel
balance. Kean Staab was present at this meeting and voted to approve the financial report for
October 2017.
C. 2019 Annual Conference — Pocono Manor, Pennsylvania
The 2019 Annual Conference was held at the Kalahari Resorts and Convention Center in
Pocono Manor, Pennsylvania from Sunday, September 8, 2019, through Wednesday, September
11, 2019. The Authority paid a conference registration fee of $295.00 for Kean Staab to attend the
2019 Annual Conference. The Authority also paid $169.00 for Kean Staab's registration at several
PMAA-sponsored events that required an additional fee to be paid. These events included a
luncheon, a banquet, an event entitled "Night on the Boma" and a closing breakfast. It is unclear
from the record whether Kean Staab attended any of these events for which an additional fee was
paid. Kean Staab's registration charges of $464.00 were paid with Klink's Authority -issued credit
card.
In addition to the room charges and occupancy taxes, Kean Staab incurred restaurant and
alcohol expenses of $194.53 during her stay which were charged to Klink's Authority -issued credit
card. At the Authority's meeting on September 11, 2019, Kean Staab was present and voted to
approve the August 2019 financial report, which included the registration fees for the 2019 Annual
Conference. At the Authority's next meeting, Kean Staab was present and voted to approve the
September 2019 financial report that included the hotel, restaurant, and alcohol charges incurred
by Kean Staab at the 2019 Annual Conference.
Kean Staab, 21-027
Page 44
Regarding Kean Staab's Expenses in Relation to Water Environment Federation Technical
Exhibitions And Conferences Attended in 2016, 2017, 2018, and 2019
The Water Enviromnent Federation ("WEE") is a not for profit technical and educational
organization of individual members and affiliated member associations representing water quality
professionals around the world, and it provides technical education and training for water quality
professionals who clean water and return it safely to the environment.
WEF has an annual Technical Exhibition and Conference ("WEFTEC"), which was held
during alternating years in New Orleans, Louisiana and Chicago, Illinois from 2016 through 2019.
WEFTEC runs from Saturday through Wednesday each year with various workshops, luncheons,
receptions and other networking events. The Exhibition Hall, which includes vendor displays and
technology advancements, does not open until Monday each year and requires a registration fee to
gain admission.
Kean Staab, Tucker, Meyer, and Klink attended WEFTEC since at least 2013. Guests also
routinely accompanied Kean Staab and the other registered attendees to WEFTEC. As was the
case with PMAA Annual Conferences, Kean Staab's travel expenses to WEFTEC and other
expenditures associated with the trips were charged to the Authority credit cards of Klink,
Dvorsky, or Kean Staab or to Kean Staab's personal credit card for which she subsequently sought
and received reimbursement.
A. WEFTEC 2016 — New Orleans, Louisiana
WEFTEC 2016 was held at the Ernest J. Morial Convention Center in New Orleans,
Louisiana from Saturday, September 24, 2016, through Wednesday, September 28, 2016. The
Authority paid a registration fee of $60.00 each for Kean Staab and her daughter, Samantha Staab
("S. Staab"), to access only the Exhibition Hall, which opened on Monday, September 26, 2016.
The registration fees for Kean Staab and her daughter were charged to Klink's Authority -issued
credit card.
Kean Staab was not registered to attend any workshops or other WEFTEC-sponsored
events on Saturday, September 24, 2016, or Sunday, September 25, 2016. Despite not being
registered for any events, Kean Staab and her daughter, along with the other Authority
representatives and guests, arrived in New Orleans in time for lunch on Saturday, September 24,
2016. The group of seven guests incurred the following restaurant charges on Saturday, September
24, 2016:
1. $225.78 for Olde Nawlins Cookery at 12:41 p.m.; and
2. $330.21 for Deanie's Seafood at 9:45 p.m.
Both of these expenditures were charged to Klink's Authority -issued credit card.
Kean Staab, 21-027
Page 45
Kean Staab was registered to stay at the Royal Sonesta Hotel at a rate of $209.00 per night,
plus taxes and assessments of $34.92 per night, for a total of $243.92 per night. Kean Staab arrived
at the hotel on Saturday, September 24, 2016, and departed on Tuesday, September 27, 2016. Kean
Staab's hotel expenses were also charged to Klink's Authority -issued credit card.
Kean Staab, the other Authority representatives, and their guests, including S. Staab, took
a combined swamp/plantation tour through Cajun Pride Tours on Sunday, September 25, 2016.
The total cost of $686.00 for the seven participants was charged to Klink's Authority -issued credit
card.
Following the trip to New Orleans, Kean Staab sent an email to Klink on October 7, 2016,
requesting reimbursement for travel expenses to WEFTEC 2016 in the amount of $691.56 plus
mileage and tolls. These expenses included $120.00 for airline baggage fees for Kean Staab
($70.00) and S. Staab ($50.00).
At the Authority Board's meeting on November 9, 2016, Kean Staab was present and voted
to approve the October 2016 financial report, which included payment to Klink's Authority -issued
credit card for the registration fees, hotel expenses, meal expenses for Kean Staab and her daughter,
and the swamp/plantation tour tickets. The October 2016 financial report approved by Kean Staab
also included a payment of $790.52 to Kean Staab's personal credit card for reimbursement of the
travel expenses outlined in the October 7, 2016, email.
13. WEFTEC 2017 — Chicago, Illinois
WEFTEC 2017 was held at the McCormick Place Convention Center in Chicago, Illinois
from Saturday, September 30, 2017, through Wednesday, October 4, 2017. The Authority paid a
registration fee of $75.00 each for Kean Staab and five others to access only the Exhibition Hall,
which opened on Monday, October 2, 2017.
Although there were 27 official conference hotels, Kean Staab, other Authority
representatives, and their guests instead stayed at the Embassy Suites Hotel, which is not included
on the list of official conference hotels. Kean Staab arrived at the hotel on Saturday, September
30, 2017, and departed on Monday, October 2, 2017. Kean Staab's room was charged to Klink's
Authority -issued credit card.
Kean Staab and the five other Authority travelers had several group dinners, including one
at Riva Ristorante after arriving in Chicago on Saturday, September 30, 2017. The total amount of
this dinner was $510.32, which was charged to Klink's Authority -issued credit card.
Kean Staab, 21-027
Page46
The group of Authority representatives and their guests also enjoyed several excursions
while in Chicago. On Saturday, September 30, 2017, Kean Staab and the five others took a ride on
the Centennial Wheel at the Navy Pier at a cost of $15.00 per person. They also purchased tickets
for a sightseeing excursion from Get Your Guide Tickets Berlin for a total of $239.70 on Sunday,
October 1, 2017. Neither of these events was related to, or sponsored by, WEFTEC. Despite this
fact, both excursions were charged to Klink's Authority -issued credit card.
At the Authority's December 6, 2017, meeting, Kean Staab was present and voted to
approve the November 2017 financial report, which included payment to Klink's Authority -issued
credit card for, among other things, the group dinner on September 30, 2017 and the two group
excursions while in Chicago.
C. WEFTEC 2018 — New Orleans, Louisiana
WEFTEC 2018 was held at the Ernest J. Morial Convention Center in New Orleans,
Louisiana from Saturday, September 29, 2018, through Wednesday, October 3, 2018. The
Authority paid a registration fee of $75.00 each for Kean Staab and five others to access only the
Exhibition Hall, which opened on Monday, October 1, 2018. The registration fee for Kean Staab
was charged to Klink's Authority -issued credit card.
Although she was only registered to attend the Exhibition Hall beginning on Monday,
October 1, 2018, Kean Staab, her son Casey Staab ("C. Staab"), S. Staab, and the other Authority
representatives arrived in New Orleans at 10:16 a.m. on Saturday, September 29, 2018. Upon
arrival, the group of seven had lunch at Olde NawIins Cookery for a total of $388.04, which was
charged to Klink's Authority -issued credit card.
While at WEFTEC, the Authority travelers also had several group dinners that were
charged to Klink's Authority -issued credit card. In addition, the group of seven Authority travelers
purchased tickets to a jazz brunch and a sightseeing tour through Tickets At Work at a total cost
of $655,30. S. Staab attended these events, however, it does not appear from the record that C.
Staab attended these excursions. The group excursions were charged to Klink's Authority -issued
credit card.
Kean Staab, S. Staab, C. Staab, and C. Staab's girlfriend stayed in Kean Staab's room at
the Royal Sonesta Hotel in New Orleans during WEFTEC 2018, On Saturday, September 2018,
Kean Staab's brother, Philip Kean, and his wife traveled from their home in Florida to visit with
Kean Staab and her family in New Orleans. While there, the Keans ate with their family members
and went on excursions with them,
At the Authority's November 14, 2018, and December 12, 2018, meetings, Kean Staab was
present and voted to approve the financial reports from October and November 2018, respectively.
These financial reports included the charges to Klink's Authority -issued credit card for the group
Kean Staab, 21-027
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lunch, the jazz brunch, and the group excursion, as well as the hotel expenses from the Royal
Sonesta Hotel.
D. WEFTEC 2019 — Chicago, Illinois
WEFTEC 2019 was held at the McCormick Place Convention Center in Chicago, Illinois
from Saturday, September 21, 2019, through Wednesday, September 25, 2019. The Authority paid
a registration fee of $75.00 each for Kean Staab and five others to access only the Exhibition Hall,
which opened on Monday, September 23, 2019.
Kean Staab and the other Authority attendees stayed at the Ivy Boutique Hotel, which was
not one of the 35 hotels listed on the official conference hotel list. Official conference hotels
provided a discounted rate to WEFTEC attendees. Kean Staab arrived on Saturday, September 21,
2019, and departed on Wednesday, September 25, 2019. The hotel expenses for all Authority
travelers, including Kean Staab, in the amount of $7,578.07 were charged to Klink's Authority -
issued credit card.
While at WEFTEC 2019, the Authority travelers bad several group dinners, including a
dinner at Riva Ristorante on Saturday, September 21, 2019, the evening they arrived in Chicago.
Klink's Authority -issued credit card was charged a total of $672.50 for this group meal. Two
additional group meals for $698.26 and $704.81, respectively, were charged to Klink's Authority -
issued credit card.
Kean Staab also used her newly acquired Authority credit card while at WEFTEC 2019 in
Chicago. She charged a Saturday meal at Timothy O'Toole's Pub in the amount of $60.74. During
her stay in Chicago, Kean Staab charged twelve taxi rides over the course of four days. In addition,
on September 23, 2019, Kean Staab took a riverboat tour with Seadog Ventures for $97.32, The
following day, Kean Staab took a bike tour through Bike Chicago Navy Pier for $54.50. Kean
Staab used her Authority credit card to pay for both of these sightseeing tours even though neither
was related to, or sponsored by, WEFTEC.
At the Authority's November 6, 2019, meeting, Kean Staab was present and voted to
approve the October 2019 financial report which included payment of $785.05 to her Authority
credit card for among other expenses, the two sightseeing tours, twelve taxi rides, and the meal at
Timothy O'Toole's Pub. Kean Staab failed to provide any receipts for these expenses.
Regarding Kean Staab's Use of Leave While Attending PMAA Annual Conferences and
WEFTEC
Kean Staab began working as an Auditor for the Auditor General in 2015. She was a remote
employee who did not report to a physical office location. Her job required her to travel to various
audit sites throughout the Commonwealth. Any travel time incurred by Kean Staab was included
in her required daily work hours.
Kean Staab, 21-027
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As a Commonwealth employee, Kean Staab accrued annual leave and sick leave each two -
week pay period. Kean Staab's leave records show that she took a full day of leave, either 7.50
hours or 8.0 hours, for each day of attendance at WEFTEC from 2016 through 2019.
In terms of her attendance at PMAA Annual Conferences, Kean Staab's use of leave is less
complete. For the 2016, 2017, and 2019 Annual Conferences, Kean Staab was registered to be in
attendance from Monday through midday Wednesday of each year. However, her leave records
reflect that she submitted a total of 1.50 hours (Monday) for the 2016 Annual Conference, zero
hours for the 2017 Annual Conference, and 16.0 hours (Monday and Tuesday) for the 2019 Annual
Conference.
Kean Staab's Auditor General supervisor, Angel Carnahan, offered testimony to fill in
some of the gaps of leave usage during the PMAA Annual Conferences. To that end, on Monday,
August 29, 2016, and Tuesday, August 30, 2016, Carnahan and Kean Staab met in Pittsburgh, the
location of the 2016 Annual Conference, to work on the audit assigned to Kean Staab. Kean Staab's
timeshects, work notes, and other work documents confirmed the work produced and the number
of hours she worked on these two days. There was no credible evidence elicited regarding the half
day Kean Staab was at the conference on August 31, 2016.
Kean Staab did not use any leave for the time she spent at the 2017 Annual Conference in
Hershey. On the final day of the Annual Conference, Kean Staab traveled to McKean County and
began an audit with the McKean County Children and Youth Agency, thus accounting for her
work hours on September 13, 2017. The remaining two days of the conference, September 11 and
12, 2017, are not accounted for in terms of work hours or leave submitted.
For the 2019 Annual Conference, Kean Staab utilized 8.0 hours of leave for each of the
first two days of the conference. Kean Staab did not submit any leave hours for the final half day
of the conference; however, it appears that she was working on an audit in the Philadelphia area
that day which would account for her work hours on September 11, 2019.
Re arclin Kean Staab's Statements of Financial Interests
As an Authority Board Member and as an Auditor with the Auditor General, Kean Staab
was annually required to file a Statement of Financial Interests ("SFI") by May 1 containing
information for the prior calendar year. Kean Staab filed SFIs for calendar years 2016, 2017, 2018,
2019, and 2020 with both the Authority and the Auditor General. With respect to these SFIs, Kean
Staab failed to:
(1) Disclose her credit cards with Pennsylvania State Employees Credit Union
("PSECU") and Barclays on her calendar year 2016 SFI filed with the Authority;
Kean Staab, 21-027
Page 49
(2) Provide the correct interest rate for her PSECU credit card on her calendar year
2016 SFI filed with the Auditor General;
(3) Disclose her credit cards with Barclays and Chase and provide the correct interest
rate for her PSECU credit card on her SFIs for calendar year 2017 filed with the
Authority and the Auditor General;
(4) Disclose her credit cards with Barclays, Chase, and US Bank, disclose her PSECU
car loan, and provide the correct interest rate for her PSECU credit card on her SFIs
for calendar years 2018, 2019, and 2020 filed with the Authority and the Auditor
General; and
(5) Disclose her office, directorship, or employment with Ashley's Chic Boutique on
her SFIs for calendar year 2019 filed with the Authority and the Auditor General.
Although Kean Staab filed amended SFIs for calendar years 2016 through 2020 on October 22,
2021, and a second amended SFI for calendar year 2020 on April 4, 2022, her amended SFIs failed
to correct all of the deficiencies noted above. See Findings of Fact Nos. 66-74.
Having set forth the material facts, we shall now outline the parties' respective
positions/arguments as set forth in the Closing Arguments and Briefs filed by both parties.
The Investigative Division asserts:
That Kean Staab violated Section 1103(a) of the Ethics Act when she participated in
Authority Board votes to approve guest attendance at conferences and the expense
payments associated with guest attendance, including hotel upgrades, baggage fees, meals,
alcohol, and sightseeing tours;
That Kean Staab violated Section 1103(a) of the Ethics Act when she incurred and charged
expenses of a personal nature to Authority -issued credit cards and accounts when traveling
on Authority business to conferences;
That the following should be found to be personal expenses of Kean Staab:
➢ The hotel and meal expenses incurred while traveling to VVEFTEC on Saturday
when Kean Staab only had registration to enter the Exhibition Hall, which did not
open until Monday;
➢ Meal expenses incurred by Kean Staab on those occasions when the conference
offered complimentary meals included with registration or when the Authority
paid an additional fee for her to attend conference meals;
Kean Staab, 21-027
Page 50
➢ Any charges for alcoholic beverages incurred by Kean Staab or her guest(s);
➢ Hotel upgrades and the baggage fees incurred as a result of Kean Staab's family
member(s) accompanying her to WEFTEC; and
➢ Expenses incurred by Kean Staab and her guest(s) for sightseeing tours, rides at
the Navy Pier, a jazz brunch in New Orleans, entrance to various museums, bicycle
rentals, and other tourist excursions not related to, or sponsored by, WEFTEC in
the host cities of Chicago and New Orleans;
• That Kean Staab violated Section 1103(a) of the Ethics Act when she voted to approve
payments to herself, vendors, and credit card companies for personal expenses incurred
while traveling on Authority business;
• That there is no evidence that Kean Staab ever returned from PMAA Annual Conferences
or WEFTEC with any knowledge useful to the Authority or that she even attended any of
the conferences;
• That a Commission Consent Order should be entitled to equal weight as an Order issued
following a contested hearing given that the Commission issues a Consent Order with its
own reasoning as to why the agreed upon facts and the proposed disposition are an
appropriate resolution to a matter;
• That the Regola, Tucker, and Meyer Consent Orders are directly on point with the facts in
this case and should be relied upon as guiding precedent;
• That Kean Staab violated Section 1103(a) of the Ethics Act when she failed to utilize leave
to account for time not worked in her Commonwealth employment and received her full
wages for the days and hours that she did not work;
• That Kean Staab's claims that she was able to work full days for the Auditor General while
simultaneously attending PMAA Annual Conferences should be rejected as not credible;
• That Kean Staab violated Section 1104(a) of the Ethics Act when she filed deficient SFIs
for calendar years 2016 through 2020;
• That Kean Staab violated Sections 1105(b)(4) and 1105(b)(8) of the Ethics Act when she
failed to do the following: disclose her credit cards with PSECU and Barclays on her 2016
for calendar year 2016 filed with the Authority; provide the correct interest rate for her
PSECU credit card on her calendar year 2016 SFI filed with the Auditor General; disclose
her credit cards with Barclays and Chase and provide the correct interest rate for her
PSECU credit card on her SFIs for calendar year 2017 filed with the Authority and the
Auditor General; disclose her credit cards with Barclays, Chase, and US Bank, disclose her
Kean Staab, 21-027
Page 51
PSECU car loan, and provide the correct interest rate for her PSECU credit card on her
SFIs for calendar years 2018, 2019, and 2020 filed with the Authority and the Auditor
General; and disclose her office, directorship, or employment with Ashley's Chic Boutique
on her SFIs for calendar year 2019 filed with the Authority and the Auditor General;
• That although Kean Staab filed amended SFIs for all calendar years in question, none of
the amended forms corrected the outlined deficiencies;
• That Kean Staab should be ordered to pay $3,447.06 in restitution to the Authority,
$1,250.00 in civil penalties for deficient SFI filings, and $1,018.56 in restitution to the
Commonwealth;
• That in addition to imposing the above stated restitution and civil penalty, this Commission
should impose a treble penalty pursuant to Section 1109(c) of the Ethics Act, 65 Pa.C.S. §
1109(c); and
• That Kean Staab cannot avoid the imposition of treble penalties for relying on the advice
of Solicitor Shaddinger because he did not issue a written, nonconfidential opinion that
was stated at a public meeting and recorded in the official meeting minutes, as required by
Section 1109(g) of the Ethics Act.
Kean Staab his raised the following defenses/arguments:
• That it is not a conflict of interest under the Ethics Act for a public official to vote for or
receive reimbursement of expenses to which she is entitled by reason of authorization under
the laws governing that public official;
• That the Authority Board properly adopted a policy each year which authorized the
Authority Board Members and their spouses or family members to attend educational
conferences and to have their travel, lodging, meals, and other travel expenses paid by the
Authority Board;
• The Pennsylvania Municipal Authorities Act authorizes the Authority to establish policies
such as the travel expense policy adopted by the Authority Board and imposes no
limitations on such reimbursable expenses;
• That the Ethics Act is devoid of any information regarding reimbursement for alcohol at
meals, entertainment sponsored in connection with educational conferences, or sightsecing
tours while visiting the host city, and the policy adopted by the Authority Board placed no
limitations on the types of expenses that could be reimbursed;
Kean Staah, 21-027
Page 52
• That all of the events and excursions taken by Kean Staab in the host cities were "sponsored
by the organization presenting the conferences whose purpose was to provide attendees
with information intended to assist them in their work for the Authority";
• That the Investigative Division failed to prove that many of the expenses, meals, and drinks
charged to her room were actually incurred by her and not other Authority Board Members;
• That all charges, including hotel upgrades, meals, alcoholic beverages, taxis, and group
excursions, were reasonable expenses incurred by her as a result of her attendance at
PMAA Annual Conferences and WFFTEC;
• That she had no intent to benefit financially from attending the conferences, a required
element for a conflict of interest under Kistler;
• That any reimbursement for expenses in excess of customary travel, lodging and hospitality
expenses falls under the de minimis exception of the conflict of interest provision;
• That in the event the Commission concludes that a conflict of interest occurred, then she
should not be subject to any penalties because of the protection afforded her by her reliance
on the opinions provided to the Authority Board by Solicitor Shaddinger;
• That the evidence establishes that her work with the Auditor General was a remote
employment position and that she was able to carry out both functions while attending the
PMAA Annual Conferences by apportioning her time between work tasks and conference
activities; and
• That she should not be penalized for filing deficient SFIs because the mistakes were
unintentional and because she subsequently filed corrected SFIs.
Having summarized the relevant facts and the positions/arguments of the parties, we must
now determine whether the actions of Kean Staab violated Sections 1103(a), 1104(a), 1105(b)(4)
or 1105(b)(8) of the Ethics Act, 65 Pa.C.S. §§ 1103(a), 1104(a), 1105(b)(4), 1105(b)(8).
As we apply the facts to the allegations, due process requires that we not depart from the
allegations. See Pennsy v. Department of State, 594 A.2d 845 (Pa. Cmwlth. 1991). A violation of
the Ethics Act must be based upon clear and convincing proof. See 65 Pa.C.S. § 1108(g). Clear
and convincing proof is "so `clear, direct, weighty, and convincing as to enable the trier of fact to
come to a clear conviction, without hesitance, of the truth of the precise facts in issue."' In Re:
Charles E.D.M., 550 Pa. 595, 601, 708 A.2d 88, 91 (1998) (Citation omitted).
Per the Pennsylvania Supreme Court's decision in Kistler v. State Ethics Commission, 610
Pa, 516, 22 A.3d 223 (2011), in order to violate Section 1103(a) of the Ethics Act, a public
official/public employee.
Kean Staab, 21-027
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... must act in such a way as to put his [office/public position] to the
purpose of obtaining for himself a private pecuniary benefit. Such
directed action implies awareness on the part of the [public
official/public employee] of the potential pecuniary benefit as well
as the motivation to obtain that benefit for himself.
Kistler, supra, 610 Pa. at 523, 22 A.3d at 227. To violate ,Section 1103(a) of the Ethics Act, a public
official/public employee "must be consciously aware of a private pecuniary benefit for himself,
his family, or his business, and then must take action in the form of one or more specific steps to
attain that benefit." Id., 610 Pa. at 528, 22 A.3d at 231.
Conflict of Interest Alleeations -- Authority Board
The Investigative Division first asserts that Kean Staab violated Section 1103(a) of the
Ethics Act when she participated in Authority Board votes to approve guest attendance at
conferences and the expense payments associated with guest attendance, including hotel upgrades,
baggage fees, meals, and sightseeing tours. We agree.
It is undisputed that at reorganization meetings of the Authority Board in 2013, and 2015-
2020, Kean Staab voted in favor of a motion to approve payment of out-of-pocket expenses
incurred by guests who traveled with Authority Board Members to educational conferences. See
Exhibit R-6; N.T. pp. 422-423. It is equally undisputed that these votes were intended to allow
spouses or other family members to accompany Authority Board Members when traveling to
conferences. Kean Staab's daughter accompanied her to the PMAA 2016 Annual Conference and
to WEFTEC from 2016 through 2019. Kean Staab's daughter is a member of her immediate family
as provided for in the Ethics Act, See 65 Pa.C.S. § 1102 (definition of "immediate family" includes
child). By voting to approve payment of guests' expenses to accompany Authority Board Members
when they traveled to training conferences, Kean Staab used the authority of her office for the
private pecuniary benefit of herself and/or a member of her immediate family. In doing so, Kean
Staab violated the conflict of interest provision of Section 1103(a) of the Ethics Act, 65 Pa.C.S. §
1103(a).
Equally undisputed is that Kean Staab voted to approve the expense payments associated
with guest attendance. The record reflects that Kean Staab consistently voted to approve expense
payments related to her guest's attendance at PMAA Annual Conferences and WEFTEC. For the
reasons discussed in more detail below, the expenses incurred as a result of Kean Staab's
daughter's attendance at various conferences intended for Authority business are personal
expenses of either Kean Staab or her daughter. Kean Staab's action of voting to approve payments
for the personal expenses of her daughter constitutes a use of authority of office for the private
pecuniary benefit of a member of her immediate family in violation of Section 1103(a) of the
Ethics Act.
Kean Stash, 21-027
Page 54
Kean Staab's argument that it was appropriate to pay for guests' travel, lodging, meals, and
other hospitality expenses because the Authority Board, of which she served as Chair, voted to
allow such payments is nonsensical. The old idiom of "the fox guarding the hen house" comes to
mind. By voting to pay for guest expenses to attend what were supposed to be educational and
training conferences related to Authority business, Kean Staab and other Authority Board
Members exploited the very financial resources they were charged to protect and control. Kean
Staab's vote to approve expenses for family members was solely for personal reasons so she could
benefit from having a family member travel to conferences with her. Public monies must be used
for the public good, not for the personal benefit of public officials.
In considering the second allegation alleging that Kean Staab violated Section 1103(a) of
the Ethics Act by using the authority of her public position for the private pecuniary benefit of
herself and/or members of immediate family when she incurred and charged expenses of a personal
nature to Authority credit cards, and when she sought reimbursement for expenses of a personal
nature alleged to have been paid in cash or by personal credit card, while traveling on Authority
business, we determine based upon a review of the record that there is sufficient evidence to
support a finding of a conflict of interest regarding some of these expenses, while others are lacking
the necessary evidentiary proof. Each of these expenses will be discussed separately by category
as identified by the Investigative Division.
Hotel Uperades
The Investigative Division asserts that Kean Staab ran afoul of the Ethics Act by charging
hotel room upgrades to an Authority -issued credit card. It is undisputed that Kean Staab incurred
$150.00 per night in hotel room upgrade fees plus $21.00 per night in corresponding occupancy
taxes in order to accommodate a guest accompanying her to the PMAA Annual Conference in
2016. There is no legitimate Authority business reason for Kean Staab's guest to attend the
conference. This individual was not an Authority employee or Board Member. It is obvious that
this guest traveled to the conference with Kean Staab for personal entertainment purposes to
benefit Kean Staab. The charging of these hotel upgrade fees and taxes to an Authority -issued
credit card, which was subsequently paid by the Authority following a vote by the Authority Board,
was improper and constitutes an impermissible conflict of interest under Section 1103(a) of the
Ethics Act.
Baggage Fees
In addition to hotel room upgrades, the Investigative Division argues that certain airline
baggage fees should be considered personal expenses of Kean Staab. To that end, the evidence of
record shows that Kean Staab's daughter accompanied her to WEFTEC 2016 in Chicago and
incurred extra baggage fees totaling $50.00, for which Kean Staab paid. Kean Staab subsequently
requested and received reimbursement for her daughter's baggage fees from the Authority. See
Exhibits ID — 49 and ID — 50. We conclude that there is no business justification for the Authority
paying travel expenses in the form of excess baggage fees for Kean Staab's daughter to accompany
Kean Staab, 21-027
Page 55
her to the WEFTEC host city. By seeking and receiving reimbursement for these fees, Kean Staab
violated the conflict of interest provision of the Ethics Act.
Early Arrivals
The Investigative Division maintains that it was improper for Kean Staab to be reimbursed
for expenses incurred as a result of arriving on Saturday for the PMAA 2017 Annual Conference
that did not begin until Sunday evening. Similarly, they allege that Kean Staab's expenses for
arriving in the host city of WEFTEC on Saturday when she was only registered to attend
WEFTEC's Exhibition Hall, which did not open until Monday, should be considered personal
expenses for which she should not have sought payment or reimbursement from the Authority.
The 2017 Annual Conference was held in Hershey, Pennsylvania, which is approximately
five hours from Kean Staab's residence. According to the 2017 Annual Conference brochure,
registration began at 1:00 p.m. on Sunday, September 10, 2017, while the conference's "Welcome"
event began at 8:30 p.m. that evening. It is not uncommon for a conference attendee to arrive the
day before the conference itinerary begins, especially if the conference is located a considerable
distance from the attendee's home as was the case here, Consequently, we conclude that it was
reasonable for Kean Staab to travel to Hershey on Saturday, September 9, 2017, and that the
Investigative Division failed to sustain its burden of proving by clear and convincing evidence that
Kean Staab engaged in a conflict of interest by charging her Saturday hotel and meal expenses to
an Authority -issued credit card.
The Saturday arrivals at WEFTEC are somewhat more complicated as the analysis requires
consideration of flight times and costs, as well as other factors such as the potential for professional
networking and interaction with other attendees prior to the beginning of the conference and the
opening of the Exhibition Hall. This analysis is made less difficult by the fact that Kean Staab
failed to offer any evidence to support a justification for arriving a day earlier than necessary every
single time that she went to WEFTEC at the Authority's expense.
To the contrary, the record is replete with evidence which shows what activities Kean Staab
and her guest(s) engaged in upon their early at -rival in the host cities of Chicago and New Orleans,
and none of these activities had any relationship to WEFTEC or Authority business. Kean Staab's
activities included group meals, spending time with family that accompanied her and those that
arrived from out-of-state, excursions such as a swamp/plantation tour, a ride on the Centennial
Wheel at the Navy Pier, bicycle rentals, a jazz brunch, a Seadog Ventures Cruise, and other
sightseeing activities.
Given the overwhelming evidence offered by the Investigative Division and the lack of any
justification evidence from Kean Staab, we must conclude that Kean Staab violated Section
1103 (a) of the Ethics Act when she used the authority of her office for the private pecuniary benefit
of herself and/or an immediate family member by charging to an Authority -issued credit card, or
to her own credit card and receiving reimbursement from the Authority, the hotel and meal
Kean Staab, 21-027
Page 56
expenses incurred while traveling to WEFTEC on Saturday when she only had registration to enter
the Exhibition Hall beginning Monday morning.
Meal Expenses
In addition to the meal expenses for early arrivals at WEFTEC, the Investigative Division
also seeks restitution for any meals incurred by Kean Staab on those occasions when the PMAA
Annual Conference offered complimentary meals included with registration or when the Authority
paid an additional fee for her to attend conference meals.
Complimentary breakfasts were provided to the attendees on various days of the 2016 and
2017 Annual Conferences.12 The breakfast was described as "complimentary pastries and coffee."
Exhibits ID —1 and ID----12. Complimentary lunches also were provided on each Tuesday of these
two conferences. The conference brochures did not describe the type of lunch provided to
attendees. While a complimentary meal offered by a conference sponsor is not uncommon, some
attendees have different dietary needs that simply cannot be met by a breakfast of pastries and
coffee. Likewise, a conference luncheon may consist of anything from sandwiches to an entr6e of
protein, sides, and salad. In any event, a conference attendee is not prohibited from seeking
alternative meal options if the provided meal is not to their liking or nutritional requirements.
The record reflects that Kean Staab incurred at least two meal expenses during times in
which meals for which the Authority paid an additional fee for Kean Staab to attend occurred. The
meal tickets were purchased at the time of registration for the Annual Conference. There is no
evidence that Kean Staab did not attend the two meals for which she had tickets, only that
restaurant expenses were charged to an Authority -issued credit card during the same general
timeframe that the conference meals occurred. Any number of circumstances could have led to
Kean Staab seeking alternative meal arrangements. This does not mean that Kean Staab did not
intend to avail herself of the conference meals at the time the tickets were purchased. While this
may not be the best use of Authority monies, there is a vast difference between being good stewards
of the Authority's funds versus an intentional conflict of interest violation of the Ethics Act. For
these reasons, we must conclude that there is insufficient clear and convincing evidence that Kean
Staab's alleged failure to avail herself of complimentary meals or other meals for which the
Authority paid for tickets is a conflict of interest under Section 1103(a) of the Ethics Act.
Alcohol
It is undisputed that numerous alcoholic beverages were charged to Authority -issued credit
cards during Kean Staab's attendance at PMAA Annual Conferences and WEFTEC, and that the
Authority Board voted to pay the amounts charged. The Investigative Division contends that any
expenses incurred for alcohol are personal in nature and that Kean Staab violated the conflict of
interest provision of the Ethics Act by charging these expenses to an Authority -issued credit card.
"No information was provided regarding any complimentary meals included with registration for the 2019 Annual
Conference.
Kean Staab, 21-027
Page 57
Kean Staab argues that it is not uncommon for an individual to enjoy a glass of wine or
cocktail with a meal and that these expenses are proper business expenses incurred during her
travel for the Authority. While Kean Staab may be correct about individuals routinely enjoying an
alcoholic beverage with a meal, the credit card statements and receipts document the purchase of
a considerable number of cocktails at meals and occasionally without a corresponding meal.
What is lacking, however, is any evidence offered by the Investigative Division of a
Township or Authority policy regarding reimbursement for alcoholic beverages. As a
Commonwealth agency, it is well known that the Commonwealth has a strict prohibition against
reimbursement for alcoholic beverage expenses incurred by Commonwealth employees during
business travel. See ManageinentDirReetive 230.I0, Commonwealth Travel Policy. Simply because
the Commonwealth prohibits its employees from receiving reimbursement for such expenses does
not satisfy the investigative Division's burden of proving that this type of expense was not a
reimbursable expense for Authority Board Members like Kean Staab. Given the lack of evidence
of a policy prohibiting reimbursement for alcoholic beverages, we are constrained to conclude that
the Investigative Division has failed to satisfy its burden of proof with respect to these expenses.
Siahtseeine Events and Tourist Excursions
The Investigative Division asserts that Kean Staab violated the Ethics Act's conflict of
interest provision when she incurred and charged expenses of a personal nature in the form of
sightseeing events and tourist excursions to Authority -issued credit cards and accounts when
traveling on Authority business to conferences.
Once again, there is an overwhelming amount of irrefutable evidence that Kean Staab
incurred expenses for sightseeing events and tourist excursions, which were charged to Authority -
issued credit cards and subsequently paid pursuant to an Authority Board vote. These expenses
included a swamp/plantation tour, rides at the Navy Pier, bicycle rentals, a jazz brunch, a Seadog
Ventures Cruise, tickets for entrance to various museums, and other tourist activities. The record
also demonstrates that none of these activities was related to, or sponsored by, WEFTEC for the
purpose of providing attendees with information intended to assist them in their work for the
Authority.
It is conceivable that expenses incurred for group activities in host cities could constitute a
legitimate business expense. For example, an activity designed to motivate members of a group to
get to know and connect with one another for the benefit of a working relationship would be
considered a team building event. There is no obvious connection that the numerous sightsecing
activities benefited the Authority in any capacity. Moreover, Kean Staab did not offer any evidence
to allow us to make the link between such events as a swamp/plantation tour, a jazz brunch, rides
at the Navy Pier, and a Seadog Ventures Cruise and any resultant benefit to the work of the
Authority. None of the meeting minutes offered into evidence mentions Authority Board
Members' participation in these group excursions. In fact, the minutes fail to reflect that Kean
Kean Staab, 21-027
Page 5s
Staab and other Authority Board Members even attended WEFTEC, let alone any benefit to the
Authority from their attendance at this out-of-state conference every year. Therefore, we conclude
that the Investigative Division has sustained its burden of proving that Kean Staab's conduct of
charging personal expenses for her to engage in numerous group excursions in Chicago and New
Orleans to an Authority -issued credit card was, in fact, a conflict of interest in violation of Section
1103(a) of the Ethics Act.
Parking Fees
The Investigative Division asks that certain parking expenses of Kean Staab be deemed
personal in nature. The record shows that Kean Staab incurred two parking charges in addition to
the daily valet parking fee while attending the 2016 Annual Conference in Pittsburgh, While many
of the events were on -site, there was at least one sponsored event that occurred outside the confines
of the conference hotel which may have required the attendee to incur a parking fee. See Exhibit
ID —1. In addition, while some complimentary meals were included in the conference registration
fee, there is nothing to prohibit an attendee from venturing off the hotel premises to obtain a meal
more suitable to their liking or dietary needs, Consequently, we conclude that there is not sufficient
credible evidence to prove that Kean Staab used the authority of her office for the private pecuniary
benefit of herself when she incurred additional parking fees in connection with her travel and
attendance at the 2016 Annual Conference.
Meals and Other Expenses Incurred by„Kean Staab's Guest(s)
In addition to the hotel upgrades and airline baggage fees directly attributable to Kean
Staab's guest's attendance in the host locations of the PMAA Annual Conference and WEFTEC,
the Investigative Division maintains that other guest travel expenses, such as meals and tourist
excursions, are also personal expenses. And as such, the Investigative Division asserts that the
charging of these personal expenses to Authority -issued credit cards and accounts constitutes a
conflict of interest violation under the Ethics Act.
The evidentiary record shows that Kean Staab's daughter traveled with her to WEFTEC
from 2016 through 2019, The testimonial evidence elicited from Klink by Kean Staab herself
demonstrates that her daughter attended various group meals and sightseeing excursions, with the
expenses charged to Authority -issued credit cards. See N.T. pp. 244, 254-264, 271.
For the reasons discussed at length above, expenses incurred by Kean Staab's guest for
meals and sightseeing excursions during travel with Kean Staab to WEFTEC can only be construed
as personal expenses when the guest's attendance at WEFTEC had no legitimate business purpose.
Moreover, if the expenses for tourist excursions are not valid business expenses for Authority
Board Members such as Kean Staab, then those same expenses for Kean Staab's guest cannot be
anything other than personal expenses.
Inasmuch as the record is undisputed that the personal expenses identified above were
Kean Staab, 21-027
Page 59
charged to Klink's Authority -issued credit card, Kean Staab's Authority -issued credit card, or
Kean Staab's personal credit card for which she subsequently sought and received reimbursement
from the Authority, we conclude that the Investigative Division has sustained its burden of proving
repeated violations of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), by Kean Staab in
that she used the authority of her office for the private pecuniary benefit of herself and/or an
immediate family member.
The final conflict of interest charge involving Kean Staab's service on the Authority Board
alleges that Kean Staab violated Section 1103(a) of the Ethics Act when she used the authority of
her office for the private pecuniary benefit of herself when she voted to approve payments to
herself, vendors, and credit card companies for personal expenses incurred while traveling on
Authority business. Having established that Kean Staab improperly charged expenses of a personal
nature to either Authority -issued credit cards or to her personal credit card for which she later
sought reimbursement from the Authority, the only issue to be resolved is whether Kean Staab
voted to approve payments to herself or the credit card companies involved in these transactions.
The meeting minutes of record document that Kean Staab voted to approve at Ieast nine
monthly financial reports that included payments for personal expenses related to her or her guest's
attendance at PMAA's Annual Conference and WEFTEC. See Exhibits ID — 7, ID —10, ID — 16,
ID — 20, ID — 24, ID -- 27, ID — 30, ID — 35, and ID — 40. These votes corresponded by date with
the personal expenses incurred during Kean Staab's attendance at PMAA's Annual Conference in
2016 and WEFTEC from 2016 through 2019. With each element of a violation of Section 1103(a)
established, we hold that Kean Staab violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. §
1103(a), when she voted to approve payments to herself, vendors, and credit card companies for
personal expenses incurred while traveling on Authority business.
The following is a summary of the personal expenses incurred by Kean Staab when
traveling on Authority business to conferences and either charged to Authority -issued credit cards
and accounts or paid for by a personal credit card for which Kean received reimbursement from
the Authority, and for which Kean Staab subsequently approved payments to the credit card
companies, vendors, or herself:
Conference
Nature of Ex erase
Date
Cost
2016 PMAA Annual Conference
Hotel upgrades -- 3 nights
08/28/16 — 08/30/16
$150.00/night
$450.00 total
2016 PMAA Annual Conference
Hotel upgrade taxes
08/28/16 — 08/30/16
$21.00/night
$63.00 total
WEFTEC 2016
Hotel charge plus upgrade
09/24/16
$293.92 total
fee for early Saturday
arrival
WLFTEC 2016
Lunch charges incurred on
09/24/16
$225.78 for 7 guests
early Saturday arrival
$64.51 total for Kean
Staab and uest
WEFTEC 2016
Dinner charges incurred on
09/24/16
$330.21 for 7 guests
early Saturday arrival
$94.35 total for Kean
Kean Staab, 21-027
Page 60
Staab and guest
WEFTEC 2016
Swamp/plantation tour
09/25/16
$686.00 for 7 tickets
$196.00 total for Kean
Staab and nest
WEFTEC 2016
Airline extra baggage fees
09/24/16 and
$25.00 per light
of Kean Staab's guest
09/27/16
$50.00 total
WEFTEC 2017
Hotel charge for early
09/30/17
$374.51 total
Saturday arrival
WEFTEC 2017
Dinner charges incurred on
09/30/17
$510.32 for 6 guests
early Saturday arrival
$170.11 total for Kean
Staab and
WEFTEC 2017
Navy Pier events and rides
09/30/17
.guest
$90.00 for 6 guests
$30.00 total for Kean
Staab and guest
WEFTEC 2017
Get Your Guide tickets
10/01/17
$239.70 for 6 tickets
$79.90 total for Kean
Staab and guest
WEFTEC 2018
Hotel charge for early
09/29/18
$470.29 total
Saturday arrival
WEFTEC 2018
Lunch charges incurred on
09/29/18
$389.04 for 7 guests
early Saturday arrival
$166.30 total for Kean
Staab and 2 Fuests
WEFTEC 2018
Jazz brunch and sightseeing
09/30/18
$655.38 for 7 tickets
passes
$187.25 total for Kean
Staab and guest
WEFTEC 2019
Hotel charge for early
09/21/19
$449.00 total
Saturday arrival
WEFTEC 2019
Lunch charges incurred on
09/21/19
$60.74 total for Kean
early Saturday arrival
Staab and guest
WEFTEC 2019
Dinner charges incurred on
09/21/19
$G72.50 for 4 guests
early Saturday arrival
$168.13 total for Kean
Staab and guest
WEFTEC 2019
Seadog Ventures cruise
09/23/19
$97.32 total
WEFTEC 2019
Navy Pier bicycle rental
09/24/19
$54.50 total
TOTAL: $3,519.83
We are cognizant of our Consent Orders in the Regola, Tucker, and Meer cases involving
similar conduct than that of Kean Staab in this matter. See Regola, Order 1517; Tucker, Order
1815; Meyer, Order 1818. Indeed, both Tucker and Meye could be deemed companion cases to
the instant one. We disagree, however, with the Investigative Division's contention that we are
bound by the terms and conditions agreed to by the parties in those cases. As a negotiated
settlement, we give the parties much greater latitude to agree upon certain facts and propose an
appropriate resolution than we do in contested cases in which every finding of fact must be
supported by clear and convincing evidence and every conclusion of law based on sound
reasoning. Indeed, a Consent Agreement can conceivably provide greater relief than originally
requested, as an Order issued pursuant to a settlement agreement need not be limited to the relief
or penalties the Commission could grant on the merits.
Kean Staab, 21-027
Page 61
For the reasons discussed above, the Investigative Division has failed to present sufficient
evidence to prove that certain expenses of Kean Staab were solely personal in nature for which
Authority payment or reimbursement was improper such that it constitutes an impermissible
conflict of interest. We cannot conclude otherwise simply because the parties in R_egola, Tucker,
and Meyer decided differently following good faith negotiations. The Commission's role in
evaluating a Consent Agreement is not to determine if the resolution is precisely the one we would
render but rather, whether the settlement proposal is reasonable based upon the facts presented.
Therefore, while we give some deference to Consent Orders in prior cases, we are not obligated to
issue identical Orders when the evidentiary record does not support same.
We further note that our conclusions in this case are consistent with Regola, Tucker, and
Meyer in those instances when there is sufficient clear and convincing evidence to demonstrate
the elements of a conflict of interest violation, These include Kean Staab's actions of charging to
Authority -issued credit cards, or receiving reimbursement for, expenses of a personal nature, such
as hotel upgrades, meal and hotel expenses from early arrivals in WEFTEC host cities, sightseeing
events and tourist excursions, and guest expenses, when traveling on Authority business.
Kean Staab raises as a potential defense to the conflict of interest allegations that she should
not be subject to payment of any restitution or other penalties because of the protection afforded
her by her reliance on the opinions provided to the Authority Board by Solicitor Shaddinger.
Section 1109(g) of the Ethics Act provides in pertinent part as follows;
§ 1109. Penalties
(g) Reliance on solicitor's opinion, —A public official
of a political subdivision who acts in good faith reliance on a written,
nonconfidential opinion of the solicitor of the political subdivision
or upon an opinion of the solicitor of the political subdivision,
publicly stated at an open meeting of the political subdivision and
recorded in the official minutes of the meeting, shall not be subject
to the penalties provided for in subsections (a) and (b) (relating to
criminal penalties) nor for the treble damages provided for in
subsection (c).
65 Pa.C.S. § 1109(g).
The Investigative Division argues that Kean Staab cannot shield herself from the
imposition of treble penalties in this case because in addition to Solicitor Shaddinger not providing
any reasoned legal advice upon which she could rely, Solicitor Shaddinger did not provide "...a
written, nonconfidential opinion... [that was] publicly stated at an open meeting [of the Authority]
and recorded in the official minutes of the meeting" as required by Section I I09(g) of the Ethics
Act.
Kean Staab, 21-027
Page 62
The Commission is well aware of Section 1109(g) of the Ethics Act, 65 Pa.C.S. § 1109(g),
which accords an exclusion from treble damages and the criminal penalties in subsections (a) and
(b) tinder very explicit and limited circumstances as to the political subdivision solicitor vis-a-vis
a written non -confidential opinion or an opinion publicly stated at a meeting of the political
subdivision and recorded in the official meeting minutes. The record before us does not establish
that either of those circumstances occurred here.
Solicitor Shaddinger acknowledged providing Kean Staab general advice that the
Authority Board should adopt a policy allowing Authority Board Members and spouses/guests to
travel to conferences and receive reimbursement for their expenses in case there were any
questions about attendance and expense reimbursement; however, he did not recall any such
conversations taking place at an Authority Board meeting. See N.T. pp. 419-421. Moreover,
Solicitor Shaddinger incredibly testified that his opinion regarding reimbursement for travel
expenses would not have changed even if Kean Staab never attended any classes, training, or the
Exhibition Hall at any of the conferences. See N.T. pp. 444-445,
We first note most importantly that Section 1109(g) of the Ethics Act only applies to
criminal penalties and the imposition of treble penalties, not restitution or civil penalties imposed
for SFI violations. As such, Kean Staab cannot utilize Section 1109(g) of the Ethics Act as a
blanket protection from the imposition of any financial penalties.
Next, we observe that Solicitor Shaddinger's advice concerning the Authority reimbursing
travel costs of Authority Board Members' guests was in error. Allowing Authority Board Members
to financially benefit by having the Authority pay for the travel expenses of spouses and other
guests contradicts the very foundation of the Ethics Act. Similarly, Solicitor Shaddinger's
testimony that he likely would not have changed his opinions regarding Authority Board Member
travel even if Members never attended any of the conference for which they were traveling to
attend is also quite concerning. Common sense dictates that public monies should not be utilized
for Member travel, meals, and other hospitality unless there is some benefit to the business of the
Authority. Clearly, there was little, if any, such benefit here.
In addition to the poor advice given by the Solicitor, we note that the courts have concluded
that acting in good faith on the advice of the solicitor and other sources is not sufficient cause to
absolve an individual from penalties of the law. See Hoak/McCutcheon v. State Ethics
Commission, 466 A.2d 283 (Pa. Cmwlth. 1983), Cotlar v. Westminster Township, 302 A.2d 859
(Pa. Cmwlth. 1973).
Based upon the foregoing, we reject Kean Staab's argument that she is not subject to a
finding of a violation or an order of restitution or other administrative penalties due to her implied
reliance on the advice of Solicitor Shaddinger.
Kean Staab, 21-027
Page 63
Section 1107(13) of the Ethics Act, 65 Pa.C.S. § 1107(13) empowers this Commission to
order restitution in instances where a public official /public employee has obtained a financial gain
in violation of the Ethics Act. Restitution is warranted in this case. The Authority is the
governmental entity that directly lost money as a result of Kean Staab' s actions. Based upon the
foregoing discussion as to the sum total of private pecuniary gain of Kean Staab, the quantifiable
amount lost by the Authority is $3,519.83.
Accordingly, Respondent Valerie A. Kean Staab is ordered to make payment of restitution
in the amount of $3,519.93 payable to the North and South Shenango Township Joint Municipal
Authority and forwarded to this Commission by no later than the thirtieth ( 30"') day after the
mailing date of this adjudication and Order.
The Investigative Division requests that treble damages be imposed against Kean Staab
pursuant to Section 1109(c) of the Ethics Act, 65 Pa.C.S. § 1109(c), which provides as follows:
§ 1109. Penalties
(e) Treble damages. —Any person who obtains
financial gain from violating any provision of this chapter, in
addition to any other penalty provided by law, shall pay a sum of
money equal to three times the amount of the financial gain resulting
from such violation into the State Treasury or the treasury of the
political subdivision. Treble damages shall not be assessed against
a person who acted in good faith reliance on the advice of legal
counsel.
65 Pa.C.S. § 1109(c).
As discussed at length above, the payment of treble penalties may be avoided if the public
official acted in good faith reliance on a written, nonconfidential opinion of the solicitor or upon
an opinion of the solicitor, publicly stated at an open meeting of the political subdivision and
recorded in the official minutes of the meeting. See 65 Pa.C.S. § 1109(g). There is no question that
the record lacks evidence of Solicitor Shaddinger issuing a written opinion or stating his opinion
at an open meeting of the Authority Board, which was recorded in the official meeting minutes.
What we do have, however, is the testimony of Solicitor Shaddinger that he advised Kean
Staab that the Authority Board should adopt a policy each year authorizing Authority Board
Members and their guests to receive reimbursement for travel expenses incurred while traveling
to and attending training and education conferences. While Solicitor Shaddinger's testimony was
vague at times due to the number of passing years, his statements regarding the guidance he
provided to Kean Staab about travel reimbursement are sufficiently clear such that they cannot be
overlooked.
Kean Staab, 21-027
Page 64
The imposition of treble penalties is an action that the Commission reserves for the most
egregious violations of the public trust. While Solicitor Shaddinger's actions may not meet the
technical requirements of Section 1109(g) of the Ethics Act and do not shield Kean Staab from the
payment of restitution or civil penalties, it was clearly the intent of the Legislature to afford some
level of protection to public officials who sought the guidance of legal counsel. In this case, it
would be unfair to ignore the fact that Kean Staab sought and relied upon the Solicitor's opinions,
misguided though they may be. Therefore, under these specific circumstances, we decline to
impose treble penalties against Kean Staab.
Conflict of Interest Allegation — Auditor General
The Investigative Division asserts that Kean Staab violated Section 1103(a) of the Ethics
Act when she failed to utilize leave to account for time not worked in her Commonwealth
employment for the Auditor General and received her full wages for the days and hours that she
did not work because she was attending PMAA Conferences for the Authority Board. Specifically,
the Investigative Division alleges that Kean Staab failed to take leave on the following dates of
PMAA Conferences:
Date of conference attendance
August 31, 2016
September 11, 2017
September 12, 2017
September 13, 2017
September 11, 2019
Leave hours taken
0 hours
0 hours
0 hours
0 hours
0 hours
The Investigative Division asks that Kean Staab be ordered to pay restitution for 8.0 hours
for each of these dates. The Investigative Division's allegation in this regard is based upon Kean
Staab's purported attendance at the PMAA Annual Conference on the aforementioned dates, as
well as the official record of Kean Staab's absences from the Auditor General which shows that
she took no leave on these dates, See Exhibit ID — 41.
Kean Staab countered with the testimony of Angel Carnahan, her supervisor at the Auditor
General, who testified as to the work produced by Kean Staab on the dates in question and
authenticated Kean Staab's timesheets and work notes documenting Kean Staab's completed work
product during the aforementioned dates in August 2016, and September 2017 and 2019,
respectively. See Exhibits R — 3 and R --- 4. Carnahan credibly testified that Kean Staab's Auditor
position was a remote employment position which required occasional travel to the audit site, such
as when opening an audit. Carnahan testified that Kean Staab's audit timesheets reflect that Kean
Staab completed 7.50 work hours on August 31, 2016, 8.0 work hours from September 11, 2017,
through September 13, 2017, including 5.0 hours for "Bureau Travel" to McKean County on
September 13"', and 8.0 work hours for September 11, 2019. She furthered testified that she
verified the work hours submitted by Kean Staab with her completed work product and never
Kean Staab, 21-027
Page 65
identified any discrepancies.
The Commission, in reviewing the relevant evidence of record, notes that there is no
question that there are only five days in dispute, inasmuch as Kean Staab did, in fact, submit leave
for all of the dates that she attended WEFTEC. It is important to note Kean Staab's status as a
remote employee who could conceivably complete her work hours regardless of her location. This
is buttressed by the fact that Carnahan met with Kean Staab in Pittsburgh to work on an audit
together. It also is significant that the final day of each PMAA Annual Conference concluded at
noon, thereby allowing Kean Staab to travel and complete work hours on August 31, 2016,
September 13, 2017, and September 11, 2019, if she so desired. While Carnahan's testimony
regarding Kean Staab's work activities on August 31, 2016, was too vague to be credited as fact,
she did provide relevant and credible testimony that Kean Staab provided enough information to
verify two completed days of work on September 13, 2017, and September 11, 2019, respectively.
We find her testimony in this regard to be particularly credible in light of the September 13, 2017,
document signed by the representatives of the McKean County audit confirming that Kean Staab
traveled to McKean County and opened the audit on that date.
Aside from the '/z day on August 31, 2016, this leaves two days unaccounted for in terms
of submitted leave and completed work — September 11-12, 2017. While we find Carnahan's
testimony generally credible regarding her verification of work completed by Kean Staab on the
two dates in question, we find it difficult to resolve this testimony with Kean Staab's supposed
attendance at the 2017 Annual Conference on those dates. However, given that there was no
evidence presented that Kean Staab actually attended the conference on these two dates in 2017 or
the half day in 2016 rather than working, combined with her ability to work remotely, we must
conclude that the evidentiary record lacks clear and convincing evidence to demonstrate that Kean
Staab used the authority of her office for the private pecuniary benefit of herself by failing to
submit leave or to work the appropriate number of hours on the 2 % days in question,
Kean Staab's SFIs
Turning to the allegations regarding Kean Staab's SFIs, we note that Kean Staab conceded
the violations in her Answer to the Investigative Complaint/Findings Report. Therefore, we
conclude based upon these admissions that a violation of Section 1105(b) of the Ethics Act, 65
Pa.C.S. § 1105(b), occurred when Kean Staab, in her capacity as a Member of the Authority Board,
fled deficient SFIs for calendar years 2016, 2017, 2018, 2019, and 2020; and (2) a violation of
Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred when Kean Staab, in her capacity
as an Auditor with the Auditor General, filed deficient SFIs for calendar years 2016, 2017, 2018,
2019, and 2020.
Kean Staab argues that her SFI violations were unintentional and that her SFI
transgressions should be excused because she subsequently submitted amended SFIs. We reject
both of these arguments. While it is true that Kean Staab submitted amended SFIs for 2016 through
2020, none of the amended forms corrected all of the outlined deficiencies. See Exhibits ID — 42A
Kean Staah, 21-027
Page 66
through ID — 46B. Furthermore, the fact that Kean Staab continued to withhold information on her
amended SFIs certainly suggests some intent on her part to conceal this information from public
view. Transparency is a hallmark of public service in the Commonwealth. Indeed, Kean Staab's
actions to conceal information belie the very purpose of public officials completing SFIs, which is
to strengthen the faith and confidence of the citizenry in its government and to easily ensure that
the financial interests of its public officials do not conflict with the public trust.
Pursuant to Section 1109(f) of the Ethics Act, 65 Pa.C.S. § 1109(f), we shall impose five
civil penalties against Kean Staab in the amount of $250.00 each, for a total amount of $1,250.00,
for Kean Staab's deficient SFIs for calendar years 2016 through 2020." The Commission chooses
to impose the maximum civil penalty allowed by statute for each deficient SFI because of Kean
Staab's repeated omission of necessary information each time she filed an SFI or amended SFI.
Her failure to disclose this information over a five-year period shows a pattern of disregard for the
filing requirements imposed by statute.
Kean Staab shall be ordered to make payment of the aforesaid civil penalties in the total
amount of $1,250.00 by no later than the thirtieth (30"') day after the mailing date of this
adjudication and Order, by forwarding to this Commission a certified check or money order in the
amount of $1,250.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State
Treasury.
We further order that Kean Staab file complete and accurate amended SFIs for calendar
years 2016 through 2020 with the North and South Shenango Joint Municipal Authority and the
Pennsylvania Department of the Auditor General by no later than the thirtieth (30t11) day after the
mailing date of this adjudication and Order, with copies forwarded to the Commission for
compliance verification purposes.
Kean Staab is directed to not accept any reimbursement, compensation, or other payment
from the Authority representing a full or pat tial reimbursement of the aforesaid restitution or civil
penalties.
Non-compliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
1. As a Member of the Board of the North and South Shenango Joint Municipal Authority
("Authority Board") during all times relevant to these proceedings, Respondent Valerie
13 Based upon Kean Staab's status as a public official for the Authority Board and a public employee for the Auditor
General, and the fact that she filed deficient SFIs with both entities for calendar years 20t6 through 2020, the
Commission has the authority to impose civil penalties for the deficient filings with both the Authority and the Auditor
General. We are declining to do so in this case, as the deficiencies are nearly identical on the filings with each entity,
and we see no reason to impose what would amount to a double penalty for essentially the same conduct.
Kean Staab, 21-027
Page 67
Kean Staab ("Kean Staab") was 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. As an Auditor with the Pennsylvania Department of the Auditor General during all times
relevant to these proceedings, Kean Staab was a public employee subject to the provisions
of the Ethics Act.
3. Kean Staab, as a Member of the Authority Board, violated Section 1103(a) of the Ethics
Act, 65 Pa.C.S. § 1103(a), when she used the authority of her public position for the private
pecuniary benefit of herself and/or members of her immediate family, when she
participated in Authority votes to approve guest attendance and/or expense payments
associated with guest travel to business -related conferences.
4. Kean Staab, as a Member of the Authority Board, violated Section 1103(a) of the Ethics
Act, 65 Pa.C.S. § 1103(a), when she used the authority of her public position for the private
pecuniary benefit of herself and/or members of her immediate family, when she incurred
and charged expenses of a personal nature to Authority credit cards and accounts when
traveling on Authority business for conferences and when she submitted for reimbursement
expenses of a personal nature alleged to have been paid in cash or by personal credit card.
5. Kean Staab, as a Member of the Authority Board, violated Section 1103(a) of the Ethics
Act, 65 Pa.C.S. § 1103(a), when she used the authority of her public position for the private
pecuniary benefit of herself and/or members of her immediate family, when she approved
payments to vendors, credit card companies, or herself for personal expenses incurred
while traveling on Authority business.
6. Kean Staab, as a public employce in her capacity as an Auditor with the Pennsylvania
Department of the Auditor General, did not violate Section 1103(a) of the Ethics Act, 65
Pa.C.S. § 1 I03(a), as to the allegation that she used the authority of her public position for
the private pecuniary benefit of herself when she failed to utilize leave to account for time
not worked in her Commonwealth employment during normal business days and hours and
received her full wages for those days and hours when not working, based upon an
insufficiency of evidence.
7. Kean Staab, as a Member of the Authority Board, violated Section 1105(b) of the Ethics
Act, 65 Pa.C.S. § 1105(b), when she filed deficient Statements of Financial Interests for
calendar years 2016, 2017, 2018, 2019, and 2020.
Kean Staab, as an Auditor with the Pennsylvania Department of the Auditor General,
violated Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), when she filed deficient
Statements of Financial Interests for calendar years 2016, 2017, 2018, 2019, and 2020.
Kean Staab, 21-027
Page 68
9. Notice of the deficiencies of Kean Staab's Statements of Financial Interests for calendar
years 2016 through 2020 was previously served upon her in accordance with Section
1107(5) of the Ethics Act, 65 Pa,C.S. § 1107(5).
10. Based upon the totality of the circumstances in this case, restitution in the total amount of
$3,519.83 and five civil penalties in the total amount of $1,250.00 are warranted.
In Re: Valerie Kean Staab, File Docket: 21-027
Respondent Date Decided: 9/10/24
Date Mailed: 9/13/24
ORDER NO. 1842
Valerie Kean Staab ("Kean Staab"), as a Member of the Board of the North and South
Shenango Joint Municipal Authority ("Authority Board"), Crawford County, from January
2001 until December 2020 and as Chair of the Authority Board from 2008 through 2020,
violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when she used the
authority of her public position for the private pecuniary benefit of herself and/or members
of her immediate family, when she participated in Authority votes to approve guest
attendance and/or expense payments associated with guest travel to business -related
conferences.
2. Kean Staab, as a Member of the Authority Board, violated Section 1103(a) of the Ethics
Act, 65 Pa.C.S. § 1103(a), when she used the authority of her public position for the private
pecuniary benefit of herself and/or members of her immediate family, when she incurred
and charged expenses of a personal nature to Authority credit cards and accounts when
traveling on Authority business for conferences and when she submitted for reimbursement
expenses of a personal nature alleged to have been paid in cash or by personal credit card.
Kean Staab, as a Member of the Authority Board, violated Section 1103(a) of the Ethics
Act, 65 Pa.C.S. § 1103(a), when she used the authority of her public position for the private
pecuniary benefit of herself and/or members of her immediate family, when she approved
payments to vendors, credit card companies, or herself for personal expenses incurred
while traveling on Authority business.
4. Kean Staab, as an Auditor for the Pennsylvania Department of the Auditor General, did
not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the allegation that
she used the authority of her public position for the private pecuniary benefit of herself
when she failed to utilize leave to account for time not worked in her Commonwealth
employment during normal business days and hours and received her firll wages for those
days and hours when not working, based upon an insufficiency of evidence.
5. Kean Staab, as a Member of the Authority Board, violated Section 1105(b) of the Ethics
Act, 65 Pa.C.S. § 1105(b), when she filed deficient Statements of Financial Interests for
calendar years 2016, 2017, 2018, 2019, and 2020.
6. Kean Staab, as an Auditor for the Pennsylvania Department of the Auditor General,
violated Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), when she filed deficient
Statements of Financial Interests for calendar years 2016, 2017, 2018, 2019, and 2020.
7. We hereby levy five maximum civil penalties against Kean Staab in the amount of $250.00
each, for a total of $1,250.00, for Kean Staab's deficient Statements of Financial Interests
for calendar years 2016 through 2020.
8. Kean Staab is ordered to make payment of the aforesaid civil penalties in the total amount
of $1,250.00 by no later than the thirtieth (30') day after the mailing date of this Order, by
forwarding to this Commission a certified cheek or money order in the amount of $1,250.00
made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury.
9. Kean Staab is ordered to file complete and accurate amended Statements of Financial
Interests for calendar years 2016 through 2020 with the North and South Shenango Joint
Municipal Authority and the Pennsylvania Department of the Auditor General by no later
than the thirtieth (301h) day after the mailing date of this adjudication and Order, with copies
forwarded to the Commission for compliance verification purposes.
10. Kean Staab is ordered to make payment of restitution in the amount of $3,519.83 payable
to North and South Shenango Joint Municipal Authority and forwarded to the Pennsylvania
State Ethics Commission by no later than the thirtieth (30'h) day after the mailing date of
this Order.
11. Kean Staab is directed to not accept any reimbursement, compensation, or other payment
from the Authority representing a full or partial reimbursement of the aforesaid restitution
or civil penalties.
12. Non-compliance with Paragraph 8, 9, 10, or 11 of this Order will result in the initiation of
an appropriate enforcement action.
BY THE COMMISSION,
Michael A. Schwartz, Chair