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HomeMy WebLinkAbout1783 RobinsonPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 In Re: Danielle Robinson, Respondent STATE ETHICS COMMISSION FIN�ANCE BUILDING File Docket: X-ref. Date Decided: Date Mailed: FACSIMILE: 717-787-0806 WEBSITE: W_wwethiqs.pa,,g_ov 19-034 Order No. 1783 3/29/21 4/1/21 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"), 65 Pa.C.S. § 1101 et M., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation. Upon completion of its investigation, the Investigative Division issued and served -upon Respondent a Findings Report identified as an "Investigative Complaint." A Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. I. ALLEGATIONS: That Danielle Robinson, a public official/public employee in her capacity as a Member and President of the Harrisburg School District Board of Directors, violated Sections I I 03(a), I 104(a), and 1105(b)(5) of the State Ethics Act (Act 93 of 1998) when she utilized the authority of her public position for the pecuniary benefit of herself and/or a member of her immediate family, when she participated in discussions and actions of the Board of Directors, including but not limited to casting an affirmative: vote to approve and/or authorize a "correction with change in pay" concerning her husband as an employee of the Harrisburg School District; when she failed to file Statements of Financial Interests for calendar years 2014 and 2017 with the Harrisburg School District; and when she filed deficient Statements of Financial Interests by failing to identify any and all reportable sources of income upon forms filed for the 2015 and 2018 calendar years. Robinson, 19-034 Page 2 II. FINDINGS: 1. Danielle Robinson ("Robinson") has served as a Member of the Harrisburg School District ("District") Board of Directors ("Board") since approximately May 2012. a. Robinson held the position of Board President from 2015 through 2017 and during 2018 and 2019. 2. Robinson served on various committees during her tenure as a Member of the Board. a. Committees of the Board include Human Resources, Policy & Procedures, Community Relations, Academic, Instruction & Student Services, and Budget, Finance & Facilities. b. Robinson served on the Human Resources Committee while serving as President of the Board. 1. Those who served on the Human Resources Committee consisted of the Board President, the Superintendent, and the Director of Human Resources. 3. The District is governed by a nine -Member elected Board. a. The Board normally holds regular Board meetings on the third Monday of each month. b. Special meetings of the Board are held as necessary. C. Committee meetings are held on different days of the month. d. All committee meetings are open to the public, with the exception of Human Resources Committee meetings. 4. Voting at Board meetings occurs via individual roll call as a "yes/no" vote depending on the subject for which the vote is occurring. a. Actions which require the affirmative vote of a majority of the Board Members in attendance include personnel actions (including appointing teachers and principals) and fixing/setting of salaries or compensation of officers, teachers, or other appointees of the Board. Each individual Board Member's votes and abstentions are recorded in the meeting minutes. b. Meeting minutes are approved for accuracy by the Board at the subsequent Board meeting. Robinson, 19-034 Page 3 5. The District's day-to-day operations are overseen by an appointed Superintendent who reports directly to the Board, primarily through the Board President. a. District administrative positions such as the Business Manager, school principals, administrative staff, and teachers, all report directly or indirectly to the Superintendent through the District's chain of command. 6. On or around June 4, 2012, the District adopted Board Policies to facilitate the day-to-day operations of the District. a. The rules and guidelines pertain to the safe and orderly operation of the District and include the following: Section 000 Local Board Procedures Section 100 Programs Section 200 Pupils Section 300 Employees Section 600 Finances Section 700 Property Section 800 Operations Section 900 Community. 7. Members of the Board are subject to the policies set forth in the Board Policies. Board Policies Section 300: Employees, Policy 304, Employment of District Staff, was adopted on or around November 19, 2012, and identified the policy, in part, as follows: a. The Board places substantial responsibility for the effective management and operation of District schools and the quality of the educational program with its administrative, professional, and support employees. b. The Board shall, by a majority vote of all Members, approve the employment, set the compensation, and establish the term of employment for each administrative, professional, and support employee employed by the District. C. No teacher or other person shall be employed who is related to any Member of the Board, as defined in law, unless such teacher receives the affirmative vote of a majority of all Members of the Board other than the Member related to the applicant, who shall not vote. 9. Robinson, as a Member of the Board and as President of the Board, participated in actions regarding employment policies for District staff. 10. Board Policies Section 800: Operations contains Policy 827: Conflicts of Interest, which was adopted on or around March 20, 2017, and in part provides guidelines on the hiring of family of Board Members and officials of the District as follows: Robinson, 19-034 Page 4 • This policy shall affirm standards of conduct established to ensure that Board Members and employees avoid potential and actual conflicts of interest, as well as the perception of a conflict of interest. Conflict or conflict of interest shall mean use by a Board Member or District employee of the authority of his/her office or employment, or any confidential information received through his/her holding public office or employment, for the private pecuniary benefit of himself/herself, a member of his/her immediate family or a business with which he/she or a member of his/her 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 Board Member or District employee, a member of his/her immediate family or a business with which he/she or a member of his/her immediate family is associated. • Immediate family shall mean a parent, parent -in-law, spouse, child, spouse of a child, brother, brother-in-law, sister, sister-in-law, or the domestic partner of a parent, child, brother or sister. • The Board prohibits Members of the Board and District employees from engaging in conduct that constitutes a conflict of interest as outlined in this policy. All Board Members and employees shall be provided with a copy of this policy and acknowledge in writing that they have been made aware of it. Additional training shall be provided to designated individuals. 11. As a Member of the Board, Robinson was advised and aware of the policies of the District. 12. Robinson has additionally served as a volunteer with the Harrisburg Band Boosters since at least 2015. a. Robinson has never served as an officer or in any official role with the Harrisburg Band Boosters. 13. The Harrisburg Band Boosters' purpose is to support the Harrisburg High School Bands. a. The Harrisburg Band Boosters is not registered as a corporation or as a charitable organization with the Pennsylvania Department of State. 14. No funding is provided by the District to the Harrisburg Band Boosters. Robinson, 19-034 Page 5 a. The only assistance provided by the District is allowing the Harrisburg Band Boosters to organize fundraisers and operate a concession stand on District property. 15. Whenever any actions or votes were taken by the Board concerning the use of facilities by the Harrisburg Band Boosters or fundraising efforts, Robinson abstained from voting. a. Robinson reported that she abstained from taking any action as a Board Member concerning the Harrisburg Band Boosters due to her association with the Harrisburg Band Boosters. THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT ROBINSON UTILIZED THE AUTHORITY OF HER PUBLIC POSITION BY PARTICIPATING IN DISCUSSIONS AND ACTIONS OF THE BOARD, INCLUDING BUT NOT LIMITED TO CASTING AN AFFIRMATIVE VOTE TO APPROVE AND/OR AUTHORIZE AN INCREASE IN THE SALARY OF HER HUSBAND AS AN EMPLOYEE OF THE DISTRICT. 16. Jacob Robinson, Jr. ("Mr. Robinson") is the spouse of Robinson. 17. Mr. Robinson was initially employed as a teacher with the District from about August 1995 until October 2011. a. Mr. Robinson was employed as a fifth and sixth grade teacher with the District. 18. From about October 2012 until August 2017, Mr. Robinson was employed as a teacher at a specialized school and a charter school in Harrisburg, Pennsylvania. a. From October 2012 through May 2014, Mr. Robinson was employed as a fifth and sixth grade teacher at Capital Academy Alternative Education School. b. From August 2014 until August 2017, Mr. Robinson was a fourth and fifth grade teacher at the Premier Arts and Science Charter School. 19. In or around July 2017, an effort was made by the District to hire additional teachers. a. The effort was Ied by the Human Resources Department of the District. b. There were approximately 50 teaching vacancies. C. A recruitment fair was held at the District Administration Building. 20. Advertisements for the vacancies were placed on Applitrack. a. Applitrack is a software application system identifying openings for teaching positions at various school districts. Robinson, 19-034 Page 6 b. Jobs are posted identifying the vacancy for the teaching position and whether it is at an elementary or high school, and the specific subject matter. 21. The job fair for the teaching positions at the District was held on or around July 18, 2017. a. There were approximately 69 applicants for the open positions. b. Of the 69 applicants, approximately 34 were interviewed. 1. The interviews were conducted by the Principals from each school of the District. 22. Mr. Robinson was one of the applicants who interviewed for a vacancy at the District. His email address and Certification Grade were identified as follows: a. [email address redacted]. b. Elementary K-6. 23. On or around July 18, 2017, Mr. Robinson was interviewed for a position as a sixth -grade math teacher at the Camp Curtin Middle School by Principal Leroy McClain ("McClain"). a. After interviewing Mr. Robinson, McClain verified his references and recommended him for hiring. 24. The process by which an applicant is considered and appointed to a vacant teaching position in the District is as follows: a. Application. b. Interview by the Principal of the school. C. References check. d. Recommendation by the Principal forwarded to the Human Resources Office. e. Human Resources Office checks qualifications and establishes a salary based upon years of experience and education from the salary tables of the Collective Bargaining Agreement between the Harrisburg Education Association and the District. f Potential appointments are reviewed by the Human Resources Committee that consists of the President of the Board, the Superintendent, and the Director of Human Resources. g. The Board votes and approves the appointment. Robinson, 19-034 Page 7 25. Shelena Roy ("Roy") was employed as the Human Resources Manager for the District from approximately 2014 until about June 27, 2019. a. Roy's duties consisted of handling clerical matters and the flow of information through the Human Resources Department. b. Roy's immediate supervisors from 2017 through 2019 included Curtis Tribue, Director of Human Resources, and Lance Freeman, Consultant for Human Resources. 26. After McClain recommended Mr. Robinson for a sixth -grade math teacher position, the information was forwarded to the Human Resources Office for the District. 27. Roy submitted (in part) the following email to Mr. Robinson at the email address [email address redacted] regarding New Hire Recommendation: From: Shelena Roy [email address redacted] Sent: Tue 7/25/2017 9:33 AM To: [email address redacted] Cc: Leroy McClain; Tawanna Jackson Subject: NEW HIRE RECOMMENDATION Jacob Robinson Congratulations, on your recommendation for hire as a 6th Grade Math Teacher at Camp Curtin School with the Harrisburg School District, pending School Board approval July 27, 2017. For Teachers and Certified Professionals As a certified employee your salary and benefits will be as described in the HEA (Harrisburg Education Association) Collective Bargaining Agreement. This agreement requires the district to offer a salary in accordance with the HEA Salary Schedule. Contracts will be available one week after the board agenda. (first week of August) Bachelors with 21 years certified experience in a public or private school $69,864 range 1 step 16 (max) To finalize your starting salary[,] we will need official sealed (unopen) transcripts of all degrees and credits earned from the college/university. Official sealed transcripts should be mailed at the address below. You may also have transcripts sent digitally from the college/university to [email address redacted]. I have also attached two forms of verification of employment. Please complete only the areas that apply. Scan back to [email address redacted.] and I will fax or mail the forms to your previous employers. Robinson, 19-034 Page 8 Finally please note, your start date is contingent upon successful completion of the onboarding process. Failure to provide the required items will delay the start of employment Shelena Roy I Human Resources Manager Harrisburg School District 11601 State Street Harrisburg, PA 17103 O: [telephone number redacted] F: [telephone number redacted] [email address redacted] [email address redacted.] 28. The salary to be paid to Mr. Robinson of $69,864.00 was based upon the Collective Bargaining Agreement ("CBA") between the Harrisburg Education Association (Teacher's Union) and the District effective 2016 through 2018. a. The CBA was approved by the Board during a special meeting on May 31, 2016. 1. The agreement was approved by a 9-0 vote. 29. Mr. Robinson was appointed as a schoolteacher, a professional position with the District, by the Board at the meeting on July 31, 2017, as reflected, in part, by the minutes. Name Position Location Effective Date Salary/Hourly Rate Jacob 6th Grade Teacher Camp Curtin 8/16/2017 189 Day Employee 7.5 hours Robinson replacing Brook Graybill who per day, with a prorated transferred salary of $69,864.00 Range 1, Step 16 a. Mr. Robinson was one of 43 teachers who were appointed to a teaching position by the Board at this meeting. 30. Robinson was absent from the Board meeting on July 31, 2017. a. Robinson, as a Board Member, did not vote on the appointment of any personnel, including teachers, for positions with the District at the meeting on July 31, 2017, including her husband, Mr. Robinson. 31. In or around mid -August 2017, Mr. Robinson began to question the compensation he was scheduled to receive as a sixth -grade math teacher with the District at the Camp Curtin Middle School. Robinson, 19-034 Page 9 32. On August 21, 2017, Mr. Robinson sent the following email to Roy, regarding the compensation he was expected to receive for serving as a schoolteacher with the District. From: Jacob Robinson [email address redacted] Sent: Mon 8/21/2017 6:05 PM To: Shelena Roy Subject: Step Placement Good evening, Ms. Roy, When I received my acceptance letter, I noticed that I would be placed on step 16. 1 am in agreement with the placement, but I have also earned 30 graduate credits, all of which HBGSD has official transcripts for. This would place me on Step 16, B+30. Though I have no more OFFICIAL copies of these transcripts, both HBGSD and PDE have official copies previously submitted. This difference would change my starting salary from $69,864 to $73,716. 1 noticed that the salary was not correct on my contract when I came to Admin. this evening and did not endorse it fearing that my signature would express agreement to the contract as it stands. Could you please advise me on what I should do at this point? Thank you in advance for your time and any bother. Respectfully, Jacob Robinson Jr 33. Based on the CBA between the Harrisburg Education Association and the District, the pay grade for a teacher during the 2017-2018 school year at Step 16 with a bachelor's degree plus 30 graduate credits was $73,716.00. a. Mr. Robinson graduated with a bachelor's degree in Elementary Education from Bloomsburg University and had earned 33 graduate credits while pursuing a master's degree in Educational Administration from the University of Scranton. b. Mr. Robinson also possessed approximately 21 years of teaching experience. 34. The Board held a regular meeting on August 21, 2017. a. The meeting was called to order at or about 7:15 p.m. by Robinson, after the flag salute in which the following comments were made by Robinson, as reflected in the minutes: Ms. Robinson apologized to the public for the delay in the start of the meeting. She announced that an executive session was held this evening from 5:30-7:10 p.m. to receive information regarding personnel matters, tax assessment appeals, real estate updates, and litigation updates. Robinson, 19-034 Page 10 35. At the District's regular meeting on August 21, 2017, personnel actions were included as a "Personnel Addendum." a. Items identified as a Personnel Addendum in the minutes were not part of the Board agenda but were added to the regular meeting at the last minute. 36. Minutes from the August 21, 2017, Board meeting reflect that personnel actions were taken as part of "Personnel Addendum, 10.9, Correction with Change in pay" that, in part, reflected the following change: Name Job Class From To Effective Salary/ Hourly Date Rate Jacob Robinson P 6th Grade Teacher 6th grade 8/16/2017 189 Day Employee with a prorated Teacher 7.5 Hours per day, salary of $69,864.00 Range 1, Ste 16 with a prorated salary of $73,716.00 Range 4, Step 16 a. Mr. Robinson was one of five teachers who received "a correction with a change in pay" at this meeting. b. Personnel Addendum, 10.9 was voted on and approved by the Board by a unanimous vote. C. Robinson was present at the meeting and voted "yes" on Personnel Addendum, 10.9, as presented. 37. The regular meeting of the Board adjourned on August 21, 2017, at 8:11 p.m. 38. On August 21, 2017, at 11:34 p.m., Mr. Robinson sent the following email to Roy as follows: From: Jacob Robinson [email address redacted] Sent: Monday, August 21, 2017 11:34 PM To: Shelena Roy [email address redacted] Subject: Contract Good Morning! I don't know what you did or how you did it, but I just found out my contract was amended and approved at the board meeting last night! I will be in to sign it on the Camp Curtin signing day since I missed yesterday's new hire signing. THANK YOU! I greatly appreciate your diligence in this matter! Take a breath, Day One is DONE —only 179 more to go!! Respectfully, Jake Robinson Robinson, 19-034 Page l i a. Mr. Robinson sent the email to Roy at 11:34 p.m., approximately 3 hours and 24 minutes after the regular meeting of the Board had adjourned at 8:11 p.m. on August 21, 2017. b. Mr. Robinson was already aware that the Board had voted on his salary change at the meeting held on August 21, 2017, which had concluded just a few hours earlier. 39. Robinson participated in approving the minutes of the Board meeting held August 21, 2017, at the Board's September 18, 2017, meeting. a. No corrections were made by Robinson to the meeting minutes. 40. Robinson, as a Member and President of the Board, voted to approve and/or authorize a "correction with change in pay" concerning her husband as an employee of the District, as her use of office was limited to a ministerial action of authorizing the placement of her husband into a pay scale which appropriately reflected his years of experience and educational credits. THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT ROBINSON FAILED TO FILE STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS 2014 AND 2017 WITH THE DISTRICT AND FILED DEFICIENT STATEMENTS OF FINANCIAL INTERESTS BY FAILING TO IDENTIFY ANY AND ALL REPORTABLE SOURCES OF INCOME UPON FORMS FILED FOR THE 2015 AND 2018 CALENDAR YEARS. 41. As a Board Member, Robinson was required to file a Statement of Financial Interests ("SFI") by May 1" of each year disclosing financial interests for the prior calendar year. 42. Robinson was employed as a "Business Partner/Contractor" for the Pennsylvania Department of Environmental Protection ("DEP") from April 2016 to January 25, 2019. a. Robinson did not list the income as a Contractor for DEP on her SFI for calendar year 2018. b. Robinson disclosed all reportable income for calendar year 2015. 43. No SFIs for calendar years 2014 and 2017 were found on file for Robinson with the custodian of records for the District. a. The files and records of the District were incomplete, missing, and otherwise in disarray, and as such insufficient evidence exists to establish that Robinson did not file timely. Robinson, 19-034 Page 12 III. DISCUSSION: As a Member of the Board of Directors ("Board") of the Harrisburg School District ("District") since approximately May 2012, and as President of the Board from 2015 through 2017 and during 2018 and 2019, Respondent Danielle Robinson, also referred to herein as "Respondent," "Respondent Robinson," and "Robinson," has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et SeMc. . The allegations are that Robinson violated Sections 1103(a), 1104(a), and 1105(b)(5) of the Ethics Act when she utilized the authority of her public position for the pecuniary benefit of herself and/or a member of her immediate family, when she participated in discussions and actions of the Board, including but not limited to casting an affirmative vote to approve and/or authorize a "correction with change in pay" concerning her husband as an employee of the District; when she failed to file Statements of Financial Interests ("SFIs") for calendar years 2014 and 2017 with the District; and when she filed deficient SFIs by failing to identify any and all reportable sources of income upon forms filed for the 2015 and 2018 calendar years. Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a) Conflict of interest. — No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The term "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. Robinson, 19-034 Page 13 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 1104(a) of the Ethics Act provides that each public official/public employee must file an SFI for the preceding calendar year, each year that he holds the position and the year after he leaves it. Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form must provide. 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. The District is governed by a nine -Member Board. Robinson has served as a Member of the Board since approximately May 2012. Robinson served as President of the Board from 2015 through 2017 and during 2018 and 2019. Jacob Robinson, Jr. ("Mr. Robinson"), is Robinson's spouse. Mr. Robinson was initially employed as a fifth and sixth grade teacher with the District from about August 1995 until October 2011. From about October 2012 until August 2017, Mr. Robinson was employed as a teacher at a specialized school and a charter school in Harrisburg, Pennsylvania. In or around July 2017, the Human Resources Department of the District led an effort to Dire teachers for approximately 50 teaching vacancies. On or around July 18, 2017, a job fair for the District teaching positions was held at the District Administration Building. Approximately 34 applicants, including Mr. Robinson, were subsequently interviewed for the open teaching positions. On or around July 18, 2017, Principal Leroy McClain ("McClain") interviewed Mr. Robinson for a position as a sixth -grade math teacher at the Camp Curtin Middle School. After interviewing Mr. Robinson, McClain verified his references and recommended him for hiring for a sixth -grade math teacher position. On July 25, 2017, Shelena Roy ("Roy"), the Human Resources Manager for the District, sent an email to Mr. Robinson that congratulated him on his recommendation for hiring as a sixth grade math teacher at the Camp Curtin Middle School pending approval by the Board. Roy's email informed Mr. Robinson that the Collective Robinson, 19-034 Page 14 Bargaining Agreement between the Harrisburg Education Association and the District for 2016 through 2018 established a salary of $69,864.00 for a teacher with a bachelor's degree and 21 years of experience in public or private schools. The Collective Bargaining Agreement had been approved by the Board on May 31, 2016. On duly 31, 2017, the Board appointed 43 individuals, including Mr. Robinson, to teaching positions with the District. Mr. Robinson was appointed as a sixth -grade math teacher at the Camp Curtin Middle School effective August 16, 2017, with a prorated salary of $69,864.00. Robinson was absent from the Board meeting where Mr. Robinson was appointed to a teaching position with the District. In or around mid -August 2017, Mr. Robinson began to question the compensation that he was to receive as a sixth -grade math teacher with the District. In addition to possessing approximately 21 years of teaching experience, Mr. Robinson had earned 33 graduate credits while pursuing a master's degree in Educational Administration from the University of Scranton. Based on the Collective Bargaining Agreement between the Harrisburg Education Association and the District, the pay grade for a teacher with a bachelor's degree plus 30 graduate credits was $73,716.00 for the 2017-2018 school year. On August 21, 2017, Mr. Robinson sent an email to Roy in which he noted that he had earned 30 graduate credits and expressed his belief that his starting salary should be $73,716.00. The Board held a regular meeting on August 21, 2017, at which personnel actions were taken. Mr. Robinson was one of five teachers who received a "correction with a change in pay" at the meeting. Robinson participated in a unanimous Board vote that placed Mr. Robinson's salary into a pay scale that appropriately reflected his years of experience and educational credits and corrected Mr. Robinson's prorated salary to $73,716.00, with an effective date of August 16, 2017. As for Robinson's SFIs, Robinson asserts that she timely filed her annual SFIs with the District. No SFIs for Robinson for calendar years 2014 and 2017 were found on file with the custodian of records for the District. The parties have stipulated that the files and records of the District were incomplete, missing, and otherwise in disarray, and that as such insufficient evidence exists to establish that Robinson did not timely file SFIs for calendar years 2014 and 2017. Robinson disclosed all reportable income on her SFI for calendar year 2016. Robinson did not disclose her employment as a "Business Partner/Contractor" for the Pennsylvania Department of Environmental Protection as a source of income on her SFI for calendar year 2018. Having highlighted the Stipulated bindings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: Robinson, 19-034 Page 15 a. That no violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Robinson voted to approve and/or authorize a "correction with change in pay" concerning her husband as an employee of the District, as her use of office was limited to a ministerial action of authorizing the placement of her husband into a pay scale which appropriately reflected his years of experience and educational credits. b. That no violation of Section I I04(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Robinson failed to file/maintain on file Statements of Financial Interests with the Harrisburg School District concerning calendar years 2014 and 2017, in that Robinson asserts that she timely filed her annual Statement of Financial Interests with the District. The files and records of the Harrisburg School District were incomplete, as such insufficient evidence exists to establish that Robinson did not file timely. c. That no violation of Section 1105(b)(5) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Robinson neglected to identify any and all reportable sources of income upon forms filed for the 2015 calendar year, as she reported all disclosable income. d. 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 Robinson neglected to identify any and all reportable sources of income upon a form filed for the 2018 calendar year. 4. Robinson agrees to file complete and accurate amended Statements of Financial Interests with the Harrisburg School District through the Pennsylvania State Ethics Commission for calendar years 2014, 2017, and 2018 within thirty (30) days of the issuance of the final adjudication in this matter. 5. 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 Robinson, 19-034 Page 16 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 Agreement, at 2. We accept the parties' recommendation for a finding that no violation of Section 1103(a) of the Ethics Act occurred when Robinson voted to approve and/or authorize a "correction with change in pay" concerning her husband as an employee of the District, as her use of office was limited to a ministerial action of authorizing the placement of her husband into a pay scale which appropriately reflected his years of experience and educational credits. Robinson did not participate in the Board's vote on July 31, 2017, that appointed Mr. Robinson as a sixth -grade math teacher for the District effective August 16, 2017. Although the Collective Bargaining Agreement between the Harrisburg Education Association and the District established a salary of $73,716.00 for a teacher with Mr. Robinson's years of experience and educational credits, Mr. Robinson's salary was set at $69,864.00 when the Board voted to appoint him to a teaching position with the District. Robinson's use of office in participating in the Board's subsequent vote that approved a "correction with a change in pay" for Mr. Robinson and set his salary at $73,716.00 merely placed his salary into the appropriate pay scale under the Collective Bargaining Agreement and did not result in Mr. Robinson's receipt of compensation to which he was not entitled. Cf., Kraines v. State Ethics Commission, 805 A.2d 677 (Pa. Cmwlth. 2002). Accordingly, we hold that no violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Robinson voted to approve and/or authorize a "correction with change in pay" concerning her husband as an employee of the District, as her use of office was limited to a ministerial action of authorizing the placement of her husband into a pay scale which appropriately reflected his years of experience and educational credits. As for the allegations regarding Robinson's SFIs, the parties have agreed, and we hold, that no violation of Section I I04(a) of the Ethics Act, 65 Pa.C.S. § I I04(a), occurred in relation to the allegation that Robinson failed to file/maintain on file SFIs with the District concerning calendar years 2014 and 2017, in that: (a) Robinson asserts that she timely filed her annual SFIs with the District; and (b) the files and records of the District were incomplete, and as such insufficient evidence exists to establish that Robinson did not file timely. We hold that no violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § I I05(b)(5), occurred in relation to the allegation that Robinson neglected to identify any and all reportable sources of income upon SFI form(s) filed for the 2015 calendar year, as she reported all disclosable income. We further hold that a technical violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Robinson neglected to identify any and all reportable sources of income upon an SFI form filed for the 2018 calendar year. Robinson, 19-034 Page 17 As part of the Consent Agreement, Robinson has agreed to file complete and accurate SFIs/amended SFIs for calendar years 2014, 2017, and 2018 with the District, through this Commission, 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, to the extent she has not already done so, Robinson is directed to file complete and accurate SFIs/amended SFIs for calendar years 2014, 2017, and 2018 with the District, through this Commission, by no later than the thirtieth (30") day after the mailing date of this adjudication and Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: As a Member of the Board of Directors (`Board") of the Harrisburg School District ("District") since approximately May 2012, and as President of the Board from 2015 through 2017 and during 2018 and 2019, Respondent Danielle Robinson ("Robinson") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. 2. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Robinson voted to approve and/or authorize a "correction with change in pay" concerning her husband as an employee of the District, as her use of office was limited to a ministerial action of authorizing the placement of her husband into a pay scale which appropriately reflected his years of experience and educational credits. No violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in relation to the allegation that Robinson failed to file/maintain on file Statements of Financial Interests with the District concerning calendar years 2014 and 2017, in that: (a) Robinson asserts that she timely filed her annual Statements of Financial Interests with the District; and (b) the files and records of the District were incomplete, and as such insufficient evidence exists to establish that Robinson did not file timely. 4. No violation of Section I I05(b)(5) of the Ethics Act, 65 Pa.C.S. § I I05(b)(5), occurred in relation to the allegation that Robinson neglected to identify any and all reportable sources of income upon Statement of Financial Interests form(s) filed for the 2015 calendar year, as she reported all disclosable income. 5. A technical violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Robinson neglected to identify any and all reportable sources of income upon a Statement of Financial Interests form filed for the 2018 calendar year. In Re: Danielle Robinson, File Docket: 19-034 Respondent Date Decided: 3/29/21 Date Mailed: 4/l/21 ORDER NO. 1783 Danielle Robinson ("Robinson"), as a Member and President of the Board of Directors of the Harrisburg School District ("District"), did not violate Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), when she voted to approve and/or authorize a "correction with change in pay" concerning her husband as an employee of the District, as her use of office was limited to a ministerial action of authorizing the placement of her husband into a pay scale which appropriately reflected his years of experience and educational credits. 2. No violation of Section 1104(a) of the Ethics Act, 65 Pa,C.S. § 1104(a), occurred in relation to the allegation that Robinson failed to file/maintain on file Statements of Financial Interests ("SFIs") with the District concerning calendar years 2014 and 2017, in that: (a) Robinson asserts that she timely filed her annual SFIs with the District; and (b) the files and records of the District were incomplete, and as such insufficient evidence exists to establish that Robinson did not file timely. 3. No violation of Section I I05(b)(5) of the Ethics Act, 65 Pa.C.S. § I I05(b)(5), occurred in relation to the allegation that Robinson neglected to identify any and all reportable sources of income upon SFI form(s) filed for the 2015 calendar year, as she reported all disclosable income. 4. A technical violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Robinson neglected to identify any and all reportable sources of income upon an SFI form filed for the 2018 calendar year. To the extent she has not already done so, Robinson is ordered to file complete and accurate SFIs/amended SFIs for calendar years 2014, 2017, and 2018 with the District, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30'h) day after the mailing date of this Order. 6. Compliance with paragraph 5 of this Order will result in the closing of this case with no further action by this Commission. a. Non-compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Nicholas A. Colafella, VVair