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In Re-, John' Wilkinson,
Respondent
X11
STATE ETHICS COMMISSION
FINANCE BUILDING
M1 "aWAS61,
File Docket:
X-ref:
Date Decided:
Date Mailed:
FACSIMILE: 717-787-0806
WEBSITE: www.ethics.pa.go
19-029
Order No. 1777
10/28/20
11/2/20
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
Michael A. Schwartz
Shelley Y. Simms
This is a final adjudication of the State Ethics Commission.
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"), �5 Pa.C.S. § 1101 et se., by the above -named Respondent. At the
vE
commencement of its investigation, tSe- nvestigative Division served upon Respondent
written notice of the specific allegations. Upon completion of its investigation, the
Investi ative Division issued and served upon Respondent a Findings Report identified
as an Tinvest , igative Complaint." A Stipulation of Findings and a Consent Agreement were
subsequently submitted by the parties to the Commission for consideration. The
Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement
has been approved.
That John Wilkinson, a public official/public emploXee in his capacity as the
Su erintendent of the Belle Vernon Area School District ( District"), violated Sections
1103(a}, 11 05(a), and 11 05(b),(5) of the State Ethics Act (Act 93 of 1998) when he utilized
the iauthority of his public position for a private pecuniary benefit when he directed
subordinate staff to perform repairs to his private vehicle utilizing District employees,
facilities, equipment, etc.; when hie utilized District resources including supplies and tools
for his private benefit; and when he filed deficient Statements of Financial Interests for
the 2014, 2016, 2017, and 2018 calendar years by failing to report the District as a source
of income, and additionally failed to date his 2014 calendar year Statement of Financial
Interests.
Ill. FINDINGS:
1 John Wilkinson ("Wilkinson") served as the Superintendent of the Belle Vernon
Area School District ("District") from July 1, 2012, through May7, 2018.
a. Wilkinson voluntarily resigned igned from his employment with the District
effective May 7, 2018.
2. The District is governed by a nine -Member Board of School Directors ("Board").
Wilkinson, 19-029
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a. The Board convenes for legislative meetings once per month on the fourth
Monday of each month.
1. Workshop meetings are held on the third Tuesday prior to each
legislative meeting.
b. Special meetings are held as needed.
3. Throughout his tenure with the District, Wilkinson's employment terms and
conditions were governed, in part, by an employment contract negotiated between
Wilkinson and the District.
a. Wilkinson's employment contract, in part, specified his employment terms,
obligations, compensation, and benefits.
b. The terms of Wilkinson's employment with the District were specified by
contract, however, Wilkinson was subject to and required to adhere to
District policies and procedures.
4. As a means of governing the District, the District partnered with the Pennsylvania
School Boards Association ("PSBA") and adopted several policies specific to
District operations.
a. On September 22, 2014, the District adopted a complete policy manual
generated with the assistance of PSBA.
1. Wilkinson was serving as the District Superintendent when Policies
706, 707, 708, and 827 were adopted by the District.
2. Wilkinson was not serving as the District Superintendent when Policy
707 was last revised by the Board on March 25, 2019.
b. The District Superintendent is responsible for the administration and
enforcement of the various District policies.
1. Authorization of any policy exemptions normally made by the District
Superintendent must be approved by the Board in relation to
exemptions sought by the District Superintendent.
5. As the District Superintendent, Wilkinson's duties and responsibilities included, but
were not limited to, overseeing the District's daily operations, legal matters,
policies, human resources, labor union issues, student discipline, communication
with Board, and District finances.
THE FOLLOWING FINDINGS RELATE TO WILKINSON DIRECTING SUBORDINATE
STAFF TO PERFORM REPAIRS TO HIS PRIVATE VEHICLE UTILIZING DISTRICT
EMPLOYEES, FACILITIES, EQUIPMENT, ETC.
6. The District owns the Belle Vernon Area Multi-Plex Building ("MP Building") located
at 274 Finley Road, Belle Vernon, Pennsylvania, 15012.
a. The MP Building formerly housed an 84 Lumber retail location.
b. The MP Building is utilized for District athletic activities such as wrestling,
cheerleading, softball, and weightlifting.
Wilkinson, 19-029
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7. In addition to [being utilized for] District athletics, the MP Building has a
garage/maintenance area which is used to repair District -owned buses, vans, and
maintenance vehicles.
a. David Bashada ("Bashada"), Director of Transportation, and Jason
Zadrozny ("Zadrozny"), Director of Building and Grounds, each have a
District office located in the MP Building.
As the District Superintendent, Wilkinson directly supervised
Bashada and Zadrozny.
b. Leonard Bednarczyk ("Bednarczyk") and Ivan Miller ("Miller") previously
worked as District mechanics in the garage/maintenance portion of the MP
Building.
Bednarczyk and Miller each retired from the District effective January
1, 2018.
2. Bednarczyk and Miller were directly supervised by Bashada.
c. During the summer months Bednarczyk's and Miller's work hours were from
6:00 a.m. until 2:30 p.m.
During the school year, Miller continued to work at the District
between 6:00 a.m. and 2:30 p.m.
2. Bednarczyk would work from 8:30 a.m. until 5:00 p.m. in the event
that there was a mechanical issue with the school buses.
8. Wilkinson owned a 2012 Dodge Charger SE RWD ("Charger") from at least May
7, 2013, through December 2017.
a. The Charger had a towing hitch installed on the rear of the vehicle.
9. Wilkinson approached Bednarczyk and Miller at the garage of the MP Building in
2017 and complained to them about the towing hitch bottoming out in the driveway
of his (Wilkinson's) residence.
a. Wilkinson explained his belief that the towing hitch was too low and inquired
about how he could raise the rear suspension of the Charger.
b. Wilkinson had previously purchased after -market spring clamps in an effort
to raise the rear suspension of the Charger.
c. Wilkinson brought the Charger to the MP Building on at least three different
occasions to discuss various issues about it with Bednarczyk and Miller.
10. Bednarczyk offered to construct a custom lift kit for the rear suspension of the
Charger.
a. The purpose of the custom lift kit was to raise the rear end of the vehicle by
appproximately two inches to prevent the towing hitch from bottoming out on
Wilkinson's residential driveway.
b. Bednarczyk used District -owned quarter -inch steel plates and other
materials (i.e., fasteners, etc.) to construct the custom lift kit.
Wilkinson, 19-029
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All materials utilized to construct the custom lift kit were from the
inventory of the MP Building's garage.
2. Wilkinson did not provide an of the materials or tools used to
construct the custom lift kit for his vehicle.
3. The specific amount of District -owned materials utilized to construct
the custom lift kit could not be determined.
4. Wilkinson asserts that he told Bednarczyk that any work on his
vehicle was to be performed before or after work, or otherwise on
Bednarczyk's own personal time.
11. Wilkinson asserts that Bednarczyk fabricated and installed the custom lift kit for
the Charger during the District's regular/normal business hours absent any
directive or authorization by Wilkinson.
12. As a token of repayment, Wilkinson offered to take Bednarczyk and Miller to lunch
for the work performed on the Charger (i.e., fabricating and installing the custom
lift kit).
a. Wilkinson paid Bednarczyk and Miller $50.00 each for their efforts and
further provided each of them with a bottle of expensive liquor.
b. As additional payment, Wilkinson ultimately purchased a pizza for
Bednarczyk's and Miller's retirement party.
13. C. Harper Auto Group, a local Chrysler, Dodge, Jeep, and Ram dealership located
in Connellsville, Pennsylvania, charges a standard door rate of $130.00 per hour
for all mechanic services.
a. Bednarczyk and Miller performed work on Wilkinson's privately -owned
Charger for approximately two hours.
b. C. Harper Auto Group is located approximately 20.8 miles and/or 31
minutes driving time from the MP Building.
THE FOLLOWING FINDINGS RELATE TO WILKINSON HAVING UTILIZED DISTRICT
RESOURCES, INCLUDING SUPPLIES AND TOOLS, FOR HIS PRIVATE BENEFIT.
14. The District maintains a Building and Grounds Department ("Building and Grounds
Department") that is responsible for maintenance and upkeep of the District's
facilities and property.
a. Zadrozny is the District's Director of Building and Grounds.
b. Zadrozny, in part, is responsible for maintaining custodial and maintenance
functions and other general operations .of the District, maintaining all
District -owned buildings, and making capital improvement
recommendations to the Board.
C. As the District Superintendent, Wilkinson directly supervised Zadrozny.
15. The Building and Grounds Department owns various pieces of equipment and
machinery to assist with maintaining the District's buildings and property.
a. The Building and Grounds Department equipment and machinery is
generally stored in/at the MP Building.
Wilkinson, 19-029
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16. Wilkinson took ... various pieces of District -owned equipment, as identified below,
from the Building and Grounds Department for his own personal use.
a. The District owns a STIHL TS 460 "cut saw."
1. A "cut saw" or "cut-off saw" is a heavy-duty gasoline -powered circular
saw used to cut asphalt, concrete, brick and/or metal.
b. The District also owns a Briggs & Stratton 5500-watt gasoline -powered
portable generator.
C. In addition to the foregoing, the District also owns a Kobalt cement mixer.
1. The Kobalt cement mixer is an electrically powered cement mixer.
17. District Policy 706 and District Policy 708 strictly prohibit any District -owned
equipment from being removed from District property for personal or non -school
use.
a. District Policy 706 states, in part, the following:
"No equipment small be removed for personal or non -school use...."
b. District Policy 708 states, in part, the following:
"Removal of school equipment from school property for personal use by
staff or students is prohibited."
C. Wilkinson never sought Board approval authorizing his personal use of
District -owned equipment and/or to remove District -owned equipment from
school property.
18. Equipment Connection and Party Rental Company ("ECPR") is a local business in
the Belle Vernon area which rents equipment comparable to the District -owned
equipment.
a. Wilkinson previously utilized ECPR for equipment rentals.
b. ECPR maintained [tools/equipment for rental comparable to the District -
owned tools/equipment used by Wilkinson].
19. Wilkinson frequently texted Zadrozny to obtain access to various pieces of District -
owned tools/equipment.
a. Wilkinson sent text messages to Zadrozny's District cellular telephone to
obtain and locate District -owned equipment for his (Wilkinson's) personal
use.
b. Wilkinson additionally sent text messages to Zadrozny confirming the return
of District -owned tools/equipment.
C. Zadrozny frequently requested Wilkinson to return various pieces of District -
owned tools/equipment as they were needed to carry out the functions of
the Building and Grounds Department.
20, On Tuesday, June 20, 2017, at approximately 10:51 a.m., Wilkinson texted
Zadrozny the following message:
Wilkinson, 19-029
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"I dropped the cement mixer off its [sic] in the garage by the maintenance [sic]."
a. District staff recalled Wilkinson having possession of the District's cement
mixer for approximately one or two weeks.
b. ECPR charges $180,00 for the weekly rental of a 6-cubic foot cement mixer.
21. Wilkinson took possession of the District -owned STIHL TS 460 cut saw for his
personal use on or about September 20, 2017.
a. Wilkinson returned the STIHL TS 460 cut saw to the District on or around
Tuesday, October 17, 2017.
b. Wilkinson had possession of the District -owned STIHL TS 460 cut saw for
a minimum of 27 days (3 weeks and 6 days).
C. ECPR charges $180.00 per week and $45.00 per day for the rental of a
comparable Hilti DSH 700-X cut saw.
1. ECPR additionally charges $45.00 per week and $15.00 per day for
the rental of a saw blade.
22. Wilkinson took possession of the District -owned generator and utilized it for his
own personal use from Sunday, December 10, 2017, until Saturday, December
16, 2017, at a minimum.
a. Wilkinson invited several Board Members and District employees to a
Christmas party held on December 16, 2017, at his private residence.
b. ECPR charges $55.00 per day for the rental of a 5,500-watt gasoline -
powered portable generator.
23. District Policy 710 states in part: "school equipment and facilities may not be used
by district staff for personal reasons, either on or off school property, without
explicit authorization or administrative permission...."
a. Wilkinson utilized District equipment and facilities for his own personal
purposes....
1. Wilkinson utilized the District garage, tools, equipment, and
personnel.
b. Wilkinson never received approval from the Board to utilize any District
personnel, facilities, equipment, or materials for his own personal use.
THE FOLLOWING FINDINGS RELATE TO WILKINSON FAILING TO REPORT THE
DISTRICT AS A SOURCE OF INCOME ON HIS STATEMENT OF FINANCIAL
INTERESTS FORMS FOR CALENDAR YEARS 2014, 2016, 2017, AND 2018 AND
FAILING TO DATE HIS CALENDAR YEAR 2014 STATEMENT OF FINANCIAL
INTERESTS FORM.
24. Statement of Financial Interests (°SFI") forms are required to be annually filed by
public [officials and public employees].....
a. Wilkinson was required to file SFIs by May 1st annually for each calendar
year in which he served as the District Superintendent.
Wilkinson, 19-029
age
25. On September 4, 2019, an SFI compliance review was conducted for the District
at the District's Administration Building, located at 270 Crest Avenue, Belle Vernon,
PA 15012.
26.
27
a. Wilkinson's SFI forms for calendar years 2014 through 2018 were obtained
from the District's Administration Building on September 4, 2019.
Wilkinson filed SFI forms for calendar years 2014 through 2018 as follows:
Date Filed
Calendar Year
Not Dated
2014
01 2 2016
2015
01 /12/2017
2016
02/12/2018
2017
04/11 /2019
2018
Wilkinson failed to disclose the District as a "Direct or Indirect Source of Income"
on SFI forms filed for calendar years 2014, 2016, 2017, and 2018.
a. Wilkinson's calendar year 2015 SFI form properly included disclosure of the
District as a source of income.
28. Directions affixed to the SFI form clearly state to sign the form, to enter the current
date, and to not backdate the form.
a. Wilkinson failed to affix a date to his calendar year 2014 SFI form.
Ill. DISCUSSION:
As the Superintendent of the Belle Vernon Area School District ("District") from
July 1, 2012, through May 7, 2018, Respondent John Wilkinson, also referred to herein
as "Respondent," "Respondent Wilkinson," and "Wilkinson," was a public official/public
employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics
Act'), 65 Pa. C.S. § 1101 et seq.
The allegations are that Wilkinson violated Sections 1103(a), 1105(a), and
1105(b)(5) of the Ethics Act when he utilized the authority of his public position for a
private pecuniary benefit when he directed subordinate staff to perform repairs to his
private vehicle utilizing District employees, facilities, equipment, etc.; when he utilized
District resources including supplies and tools for his private benefit; when he filed
deficient Statements of Financial Interests ("SFIs") for the 2014, 2016, 2017, and 2018
calendar years by failing to report the District as a source of income; and when he
additionally failed to date his 2014 calendar year SFI.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict
public employee shall
conflict of interest.
65 Pa.C.S. § 1103(a).
of interest. —No public official or
engage in conduct that constitutes a
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
Wilkinson, 19-029
agl��—
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate
family or a business with which he or a member of his
immediate family is associated. The term does not include an
action having a de minimis economic impact or which affects
to the same degree a class consisting of the general public or
a subclass consisting of an industry, occupation or other
group which includes the public official or public employee, a
member of his immediate family or a business with which he
or a member of his immediate family is associated.
65 Pa.C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict"
or "conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act,
a public official/public employee is prohibited 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.
Section 1105a) of the Ethics Act provides that the SFI shall be filed on the form
prescribed by this Commission; that all information requested on the form shall be
provided to the best of the knowledge, information and belief of the filer; and that the form
shall be signed under oath or equivalent affirmation.
Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure
that a person required to fife the SFI form must provide.
Subject to certain statutory exceptions, Section 1105(b)(5) of the Ethics Act
requires the filer to disclose on the SFI the name and address of any direct or indirect
source of income totaling in the aggregate $1,300 or more.
As noted above, the parties have submitted a Consent Agreement and Stipulation
of Findings. The parties' Stipulated Findings are set forth above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Wilkinson served as the Superintendent of the District from July 1, 2012, through
May 7, 2018, when he voluntarily resigned from his employment with the District. The
terms of Wilkinson's employment with the District were specified by contract, and he was
subject to and required to adhere to District policies and procedures.
The Superintendent of the District is responsible for the administration and
enforcement of the District's policies. District Policy 706 and District Policy 708 strictly
prohibit the removal of District -owned equipment from District property for personal or
non -school use. District Policy 710 states in part that "school equipment and facilities may
not be used by district staff for personal reasons, either on or off school property, without
explicit authorization or administrative permission...." Fact Finding 23. Wilkinson never
sought approval from the School District School Board to remove District -owned
equipment from District property, and he never received approval from the School District
School Board to utilize any District personnel, facilities, equipment or materials for his
personal use.
Wilkinson, 19-029
ag�9—
The District owns the Belle Vernon Area Multi-Plex Building ("MP Building"), which
has a garage/maintenance area that is used to repair District -owned buses, vans, and
maintenance vehicles. Leonard Bednarczyk ("Bednarczyk") and Ivan Miller ("Miller")
worked as District mechanics in the garage/maintenance portion of the MP Building prior
to their retirement from the District effective January 1, 2018.
In 2017, Wilkinson approached Bednarczyk and Miller at the garage of the MP
Building Wilkinson owned a 2012 Dodge Charger SE RWD (the "Charger") that had a
towing hitch installed on the rear of the vehicle, and he complained to Bednarczyk and
Miller about the towing hitch bottoming out in the driveway of his residence. Wilkinson
explained his belief that the towing hitch was too low and inquired about how he could
raise the rear suspension of the Charger.
Bednarczyk offered to construct a custom lift kit for the rear suspension of the
Charger. The purpose of the custom lift kit was to raise the rear end of the vehicle by
approximately two inches to prevent the towing hitch from bottoming out on Wilkinson's
residential driveway. Bednarczyk used District -owned materials from the inventory of the
MP Building's garage to construct the custom lift kit for the Charger. The specific amount
of District -owned materials utilized to construct the custom lift kit could not be determined.
Bednarczyk and Miller performed work on the Charger for approximately two hours. For
their efforts in fabricating and installing the custom lift kit, Wilkinson paid Bednarczyk and
Miller $50.00 each, provided each of them with a bottle of expensive liquor, and
purchased a pizza for their retirement party.
Per the Consent Agreement, the parties are in agreement that any pecuniary gain
Wilkinson realized by allowing Bednarczyk and Miller to perform work on the Charger was
most likely de minimis.
The District Building and Grounds Department ("Building and Grounds
Department") owns various pieces of equipment and machinery to assist with maintaining
the District's buildings and property. The Building and Grounds Department equipment
and machineryis generally stored at the MP Building. Wilkinson took various pieces of
District-ownedequipmentfrom the Building and Grounds Department for his personal
use.
Jason Zadrozny ("Zadrozny") is the District's Director of Building and Grounds. As
the Superintendent of the District, Wilkinson directly supervised Zadrozny. Wilkinson
frequently sent text messages to Zadrozny's District cellular telephone to obtain and
locate District -awned equipment for Wilkinson's personal use. Wilkinson additionally sent
text messages to Zadrozny confirming the return of District -owned tools/equipment.
Zadrozny frequently asked Wilkinson to return various pieces of District -owned
tools/equipment as they were needed to carry out the functions of the Building and
Grounds Department.
Equipment Connection and Party Rental Company ("ECPR") is a local business in
the Belle Vernon area that rents toolslequipment comparable to the District -owned
toolslequipment used by Wilkinson for personal purposes. Wilkinson previously utilized
ECPR for equipment rentals.
The District owns an electrically powered Kobalt cement mixer (the "District
Cement Mixer"). On ,tune 20, 2017, Wilkinson sent a text message to Zadrozny which
stated that "I dropped the cement mixer off its [sic] in the garage by the maintenance
[sic]." Fact Finding 20. District staff recalled Wilkinson having possession of the District
Cement Mixer for approximately one or two weeks. ECPR charges $180.00 for the
weekly rental of a 6-cubic foot cement mixer.
The District further owns a STIHL TS 460 cut saw (the "District Cut Saw"), which
is a heavy-duty gasoline -powered circular saw used to cu asphalt, concrete, brick, and
Wilkinson, 19-029
ag�—
metal. On or about September 20, 2017, Wilkinson took possession of the District Cut
Saw for his personal use. Wilkinson returned the District Cut Saw to the District on or
around October 17, 2017. Wilkinson had possession of the District Cut Saw for a
minimum of 27 days. ECPR charges $180.00 per week and $45.00 per day for the rental
of a cut saw, and additionally charges $45.00 per week and $15.00 per day for the rental
of a saw blade.
The District additionally owns a Briggs & Stratton 5500-watt gasoline -powered
portable generator (the "District Portable Generator"). Wilkinson took possession of the
District Portable Generator and used it for personal purposes from December 10, 2017,
until December 16, 2017, at a minimum. Wilkinson had invited several School Directors
for the District and District employees to a Christmas party at his private residence on
December 16, 2017. ECPR charges $55.00 per day for the rental of a 5,500-watt
gasoline -powered portable generator.
On September 4, 2019, an SFI compliance review was conducted for the District.
Wilkinson failed to affix a date to his SA for calendar year 2014. Wilkinson further failed
to disclose the District as a direct or indirect source of income on his SFIs for calendar
years 2014, 2016, 2017, and 2018.
Having highlighted the Stipulated Findings and issues before us, we shall now
apply the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
The Investigative Division will recommend the following in
relation to the above allegations:
That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred in relation to Wilkinson
utilizing the authority of his public position as the
Superintendent of the Belle Vernon Area School
District when he utilized School District
resources, namely equipment and tools, for his
private benefit.
That a technical violation of Section 1105(b)(5)
of the Public Official and Employee Ethics Act,
65 Pa.C.S. § '1105(b)(5), occurred when
Wilkinson filed deficient SStattements of Financial
Interests for the 2014, 2016, 2017, and 2018
calendar years by failing to report the District as
a source of income.
C. That a technical violation of Section 1105(a) of
the Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(a), occurred when Wilkinson
filed a deficient Statement of Financial Interests
for the 2014 calendar year, when he failed to
properly date the form.
That no violation of Section 1103(a) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1103(a), occurred in relation to
Wilkinson allowing subordinate staff to perform
Wilkinson, 19-029
Page 11
repairs to his private vehicle, in that any
pecuniary gain was most likely de minimis.
Wilkinson agrees to make payment in the amount of
$1,250.00 in settlement of this matter payable as follows:
$1,000.00 payable to the Commonwealth of
Pennsylvania and forwarded to the
Pennsylvania State Ethics Commission within
thirty (30) days of the issuance of the final
adjudication in this matter.
$250.00 which represents a portion of the
expenses and costs incurred by the State Ethics
Commission in the investigation and
administrative prosecution of the instant matter,
payable by certified check or money order made
payable to the Pennsylvania State Ethics
Commission within thirty (30) days of the
issuance of the final adju ication �n this matter.
Wilkinson agrees to file complete and accurate amended
Statements of Financial Interests with the Belle Vernon Area
School District through the Pennsylvania State Ethics
Commission, for calendar years 2014, 2016, 2017, and 2018
within thirty (30) days of the issuance of the final adjudication
in this matter.
Wilkinson agrees to not accept any reimbursement,
compensation or other payment from the Belie Vernon Area
School District representing a full or partial reimbursement of
the amount paid in settlement of this matter.
The Investigative Division will recommend that the State
Ethics Commission take no further action in this matter; and
make no specific recommendations to any law enforcement
or other authority. to take action in this matter. Such, however,
does not prohibit the Commission from initiating appropriate
enforcement actions in the event of Respondent's failure to
comply with this agreement or the Commission's order or
cooperating with any other authority who may so choose to
review this matter further.
Consent Aq reement, at 1-3.
We accept the parties' recommendation for a finding that a violation of Section
1103(a) of the Ethics Act occurred in relation to Wilkinson utilizing the authority of his
public position as the Superintendent of the District when he utilized District resources,
namely equipment and tools, for his private benefit.
Wilkinson used the authority of his public position with the District when he took
various pieces of District -owned equipment from the Buildin and Grounds Department
for his personal use. The Stipulated Findings reflect that: (1Wilkinson had possession
of the District Cement Mixer for approximate)y one or two weeks in June 2017; (2)
Wilkinson had possession of the District Cut Saw for a minimum of 27 days between
September 2017 and October 2017; and (3) Wilkinson had possession of the District
Portable Generator from December 10, 2017, until December 16, 2017, at a minimum.
Although the Stipulated Findings do not quantify the private pecuniary benefit realized by
Wilkinson, 19-029
Page
Wilkinson as a result of his use of District equipment and tools for personal purposes,
based upon the Consent Agreement, it appears the parties are in agreement that such
private pecuniary benefit was greater than de minimis.
Based upon the Stipulated Findings and Consent Agreement, we hold that a
violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation
to Wilkinson utilizing the authority of his public position as the Superintendent of the
District when he utilized District resources, namely equipment and tools, for his private
benefit.
We agree with the parties, and we hold, that a technical violation of Section
1'105(b)(5} of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Wilkinson filed
deficient SFIs for the 2014, 2016, 20'17, and 2018 calendar years by failing to report the
District as a source of income.
We accept the recommendation of the parties, and we hold, that a technical
violation of Section 1105(a) of the Ethics Act, 65 Pa.C.S. § 1105(a), occurred when
Wilkinson filed a deficient SFI for the 2014 calendar year, when he failed to properly date
the form.
Based upon the Stipulation of Findings and Consent Agreement, we hold that no
violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation
to Wilkinson allowing subordinate staff to perform repairs to his private vehicle, in that
any pecuniary gain was most likely de m►nimis.
As part of the Consent Agreement, Wilkinson has agreed to make pa meet in the
amount of $1,000.00 payable to the Commonwealth of Pennsylvania and forwarded to
this Commission within thirty (30) days of the issuance of the final adjudication in this
matter.
Wilkinson has further agreed to make payment to this Commission in the amount
of $250.00, representing a portion of the expenses and costs incurred by this Commission
in the investigation and administrative prosecution of the instant matter, payable by
certified check or money order made payable to the Pennsylvania State Ethics
Commission within thirty (30) days of the issuance of the final adjudication in this matter.
Wilkinson has also agreed to not accept any reimbursement, compensation or
other payment from the District representing a full or partial reimbursement of the amount
paid in settlement of this matter.
Finally, Wilkinson has agreed to file complete and accurate amended SFIs with the
District, through this Commission, for calendar years 2014, 2016, 2017, and 2018 within
thirty (30) days of the issuance of the final adjudication in this matter.
We determine that the Consent Agreement submitted by the parties sets forth a
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Wilkinson is directed to
make payment in the amount of $1,000.00 payable to the Commonwealth of
Pennsylvania and forwarded to this Commission by no later than the thirtieth (30t') day
after the mailing date of this adjudication and Order.
Per the Consent Agreement of the parties, Wilkinson is further directed to make
payment to this Commission in the amount of $250.00, representing a portion of the
expenses and costs incurred by this Commission in the investigation and administrative
prosecution of the instant matter, payable by certified check or money order made
payable to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th)
day after the mailing date of this adjudication and Order.
Wilkinson, 19-029
age
Wilkinson is directed to not accept any reimbursement, compensation or other
payment from the District representing a full or partial reimbursement of the amount paid
in settlement of this matter.
To the extent he has not already done so, Wilkinson is directed to file complete
and accurate amended SFls for calendar years 2014, 2016, 2017, and 2018 with the
District, through this Commission, by no later than the thirtieth (30th) day after the mailing
date of this adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no further
action by this Commission. Noncompliance will result in the institution of an order
enforcement action.
IV. CONCLUSIONS OF LAW;
1. As the Superintendent of the Belle Vernon Area School District ("District"from
July 1, 2012, through May 7, 2018, Respondent John Wilkinson ("Wilkinson') was
a public official/public employee subiect to the provisions of the Public Official and
Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seg.
2. Wilkinson violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in
relation to his utilizing the authority of his public position as the Superintendent of
the District when he utilized District resources, namely equipment and tools, for his
private benefit.
3. A technical violation of Section 1105%.(5) of the Ethics Act, 65 Pa.C.S. §
1105(b)(5), occurred when Wilkinson filled deficient Statements of Financial
Interests for the 2014, 2016, 2017, and 2018 calendar years by failing to report the
District as a source of income.
4. A technical violation of Section 1105(a) of the Ethics Act, 65 Pa.C.S. § 1105(a),
occurred when Wilkinson filed a deficient Statement of Financial Interests for tthe
2014 calendar year, when he failed to properly date the form.
5. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
in relation to Wilkinson allowing subordinate staff to perform repairs to his private
vehicle, in that any pecuniary gam was most likely de m►nimis.
In Re: John Wilkinson, File Docket: 19-029
Respondent Date Decided: 10/28/20
Date Mailed: 11/2120
ORDER NO. 1777
1. John Wilkinson �"Wilkinson"), as the Superintendent of the Belle Vernon Area
School District ('District"), violated Section 1103(a) of the Public Official and
Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), in relation to his utilizing
the authority of his public position as the Superintendent of the District when he
utilized District resources, namely equipment and tools, for his private benefit.
2. A technical violation of Section 1105%(5) of the Ethics Act, 65 Pa.C.S. §
1105 b 5 , occurred when Wilkinson filled deficient Statements of Financial
Interess for the 2014, 2016, 2017, and 2018 calendar years by failing to report the
District as a source of income.
3. A technical violation of Section 1105(a) of the Ethics Act, 65 Pa.C.S. § 11051a),
occurred when Wilkinson filed a deficient Statement of Financial Interests for {the
2014 calendar year, when he failed to properly date the form.
4. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
in relation to Wilkinson allowing subordinate staff to perform repairs to his private
vehicle, in that any pecuniary gain was most likely de minimis.
5. Per the Consent Agreement of the parties, Wilkinson is directed to make payment
in the amount of $1,000.00 payable to the Commonwealth of Pennsylvania and
forwarded to the Pennsylvania State Ethics Commission by no later than the
thirtieth (30th) day after the mailing date of this Order.
6. Per the Consent Agreement of the parties, Wilkinson is further directed to make
payment to the Pennsylvania State Ethics Commission in the amount of $250.00,
representing a portion of the expenses and costs incurred by this Commission in
the investigation and administrative prosecution of the instant matter, payable by
certified check or money order made payable to the Pennsylvania State Ethics
Commission by no later than the thirtieth (30t") day after the mailing date of this
Order.
7. Wilkinson is directed to not accept any reimbursement, compensation or other
payment from the District representing a full or partial reimbursement of the
amount paid in settlement of this matter.
8. To the extent he has not already done so, Wilkinson is directed to file complete
and accurate amended Statements of Financial Interests for calendar years 2014,
2016, 2017, and 2018 with the District, through the Pennsylvania State Ethics
Commission, by no later than the thirtieth (30th) day after the mailing date of this
Order.
9. Compliance with paragraphs 5, 6, 7, and 8 of this Order will result in the closing of
this case with no further action by this Commission.
Wilkinson, 19-029
agF�—
Non-compliance will result in the institution of an order enforcement action.
BTTAE COITI:T •R
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