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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