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In Re: Peter Miller,
Respondent
STATE ETHICS COMMISSION
FINANCE BULDING
:6 1111 1 :: I
OWURGLUMUNIRM n of
File Docket:
X-ref-
Date Decided:
Date Mailed:
FACSIMILE: 717-787-0806
WEBSITE: www.ethIcs.na.aov
18-047
Order No. 1792
9/14/21
9/16/21
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 allegations. Upon completion of its investigation, the Investigative Division issued and
served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer
was filed and a hearing was requested. 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.
1. ALLEGATIONS:
That Peter Miller, a public official/public employee in his capacity as a Member and Vice -
President of the South Allegheny School District Board of Directors, violated Sections 1103(b),
1104(a), 1105(a), 1105(b)(1), 1105(b)(2), and 1105(b)(5) of the State Ethics Act (Act 93 of 1998)
when he offered/promised to a public official/public employee, namely the Acting Superintendent
of the South Allegheny School District, future employment as the permanent Superintendent of
the South Allegheny School District, based on the understanding that the Acting Superintendent
would be influenced to support and/or use her position of public employment to influence the
Board of Directors; when he failed to file a 2014 calendar year Statement of Financial Interests;
and when he filed deficient Statements of Financial Interests for calendar years 2013, 2015, 2016,
and 2017 by failing to identify an occupation/profession, failing to disclose an address (2015 and
2016), failing to identify the filing year and to properly date his filing (2015), and failing to disclose
all reportable sources of income (2016).
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II. FINDINGS:
1. Peter Miller ("Miller") has served as a Member of the South Allegheny School District
Board of Directors ("Board") from December 5, 2005, through the present.
a. Miller has served as the Vice -President of the Board. from December 4, 2017,
through the present.
b. Miller has held no other office on the Board during his tenure.
2. The South Allegheny School District ("District") is a suburban, public school district
located within Allegheny County, Pennsylvania.
a. The District serves students from Glassport, Liberty, Lincoln, and Port Vue
Boroughs.
b. The District maintains three buildings from which educational services are
provided, including South Allegheny Early Childhood Center, South Allegheny
Elementary School, and South Allegheny Middle/Senior High School.
3. The District is a third-class school district governed by a nine -Member Board.
a. At all times relevant to the instant matter, the Board held a workshop meeting and
a legislative meeting on the second Thursday and third Wednesday of each month,
respectively.
1. Voting on District issues occurs only at the legislative meeting.
b. Special meetings are held as necessary.
4. Voting at Board meetings primarily occurs via individual roll call vote, with group
"aye/nay" votes occurring for procedural matters.
a. Roll call votes are utilized to address matters involving the expenditure of District
funds, personnel issues, important/controversial issues, etc.
1. Each individual Board Member's vote is recorded within the meeting
minutes regarding roll call votes taken.
b. Utilization of group "aye/nay" votes is primarily limited to approval of meeting
adjournment.
C. Minutes of Board monthly legislative meetings are approved for accuracy by the
Board.
5. At all times relevant to the instant matter, Board Members received an agenda packet at
the monthly workshop meeting for review prior to the legislative meeting.
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a. Any Board Member absent from the workshop meeting received the meeting packet
the next day via hand -delivery by a District Maintenance Department employee.
6. The Superintendent and the Board President primarily determine the content of the agenda
packets.
a. Once compiled, the agenda packet is presented to the District Solicitor for review
prior to distribution.
7. The issued agenda packet includes: the upcoming legislative meeting agenda; a draft of the
prior meeting's minutes; any contracts, bids, litigation notices, etc.; and a listing of bills
(i.e., invoices payable report) for approval.
a. The list of bills provided within the agenda packet includes all expenditures due for
payment which have been received at the District since the prior legislative
meeting.
8. A specific motion is made and a vote is taken at each legislative meeting to approve the
Financial Report presented at each legislative meeting.
a. The Financial Report routinely addresses multiple items such as the District
Treasurer's Report, general fund invoices to be paid, cafeteria invoices to be paid,
capital improvement invoices to be paid (when applicable), etc.
1. The motion and vote regarding approval of all aspects of the Financial
Report occur via one all -encompassing vote.
b. Checks representing payment to vendors are held for distribution until the list of
bills is approved at the legislative meeting with the exception of normal recurring
bills (e.g. utilities, etc.).
9. Signature authority over District accounts is maintained by the Board President, the Board
Treasurer, and the Board Secretary.
a. Each District check requires the signatures of all three authorized signatories.
THE FOLLOWING FINDINGS RELATE TO A VACANCY IN THE OFFICE OF
SUPERINTENDENT AND MILLER'S ATTEMPT TO INFLUENCE A PUBLIC
OFFICIAL/PUBLICE EMPLOYEE.
10. Article IV of the Pennsylvania Public School Code ("School Code") - Organization
Meetings and Officers of Boards of School Districts - Section 401 addresses the subject of
the beginning of the school year and organization meetings.
a. Section 401(b) specifically notes, in part, that for all school districts of the second,
third, and fourth class, the school year is to begin on the first day of July of each
year and the school directors are to meet and organize annually during the first week
of December.
11. The District held its reorganization meeting for the 2017-2018 school year on December
4, 2017.
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a. During reorganization meetings, new Board Members are seated and new
appointments, including the District Solicitor, are made by the Board.
b. Shawn DeVerse ("DeVerse") was sworn into office as a newly elected Board
Member at the December 4, 2017, reorganization meeting.
I. DeVerse was subsequently elected as the President of the Board at the
December 4, 2017, reorganization meeting.
C. No appointment of a new, nor reappointment of the existing, District Solicitor
occurred at the December 4, 2017, reorganization meeting.
1. The School Code does not mandate the appointment or reappointment of a
Solicitor at annual reorganization meetings.
12. George S. Gobel ("Gobel") is an attorney licensed to practice law within the
Commonwealth of Pennsylvania.
a. Gobel's Attorney Identification Number is 24899.
1. Gobel's license to practice law is currently active.
b. Gobel has been licensed to practice law since January 7, 1977.
13. Gobel served as the District Solicitor for various periods over the course of multiple years.
a. Gobel was the District Solicitor at the time of the December 4, 2017, reorganization
meeting.
1. Gobel had continuously served as the District Solicitor since at least
December 5, 2005.
14. Richard Fine ("Fine") was employed as the District Superintendent from December 5,
2016, to December 18, 2017.
a. Fine served as the District Acting Superintendent from approximately July 1, 2016,
to December 5, 2016.
I. Fine was appointed as the Acting Superintendent to fill the vacancy
resulting from the resignation of then -Superintendent Wayne Gdovic
effective June 30, 2016.
b. Fine was employed as the District Assistant Superintendent immediately prior to
his appointment as the Acting Superintendent.
15. Fine resigned from his position as the Superintendent effective December 18, 2017.
a. The Board accepted Fine's letter of resignation via 7-0 unanimous vote at the
Board's December 27, 2017, special meeting.
l . Two Board Members were absent from the meeting.
b. Fine had provided no advance notice to the District of his pending resignation.
Miller, 18-047
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1. Fine agreed to voluntarily resign from his position after attending a meeting
with DeVerse and Gobel.
16. At the December 27, 2017, special meeting, Board Member Luke Riley ("Riley")
motioned, seconded by Miller, to appoint Alisa King ("King") as the Acting
Superintendent to fill the vacancy created by Fine's resignation.
a. Riley's motion passed via unanimous 7-0 vote.
b. King held the position of Director of Elementary Curriculum and Academic Affairs
at the District prior to her appointment to the position of Acting Superintendent.
17. Prior to the conclusion of the December 27, 2017, special meeting, Miller motioned,
seconded by Board Member Dino DeFelice ("DeFelice"), to begin a search process to hire
a Superintendent through the Pennsylvania School Board Association ("PSBA") or the
Allegheny Intermediate Unit #3 ("AlU 311).
a. The motion carried via 7-0 unanimous vote.
18. During the Board's January 17, 2018, legislative meeting, the Board conducted an
executive session for the purpose of discussing personnel issues.
a. Upon reconvening the public meeting, Board Member Riley motioned, seconded
by Board Member Bryan Myers ("Myers"), to hire Attorney Scott Lautner
("Lautner") as the District Solicitor effective immediately.
l . The motion to hire Lautner carried via 5-3 majority vote.
aa. Board Members voting in opposition to the motion included Miller,
DeFelice, and Russell Geary ("Geary").
bb. Board Member Lou Borelli ("Borelli") was absent from the meeting.
2. Lautner's hiring effectively removed Gobel from the position of District
Solicitor.
aa. At one point after Lautner's January 17, 2018, appointment, Miller
informed Lautner that he (Miller) supported bringing Gobel back to
the District if an opportunity arose to do so.
b. Myers subsequently motioned, seconded by Board Member Troy Mitchell, to
eliminate the Human Resource position which had expired on January 1, 2018.
1. Gobel had previously been appointed to serve the District in an additional,
secondary capacity in the contracted position of District Human Resource
Officer from January 2, 2014, through January 1, 2018, while at the same
time holding the appointed position of District Solicitor.
19. At the January 17, 2018, legislative meeting, the Board also formally approved the
utilization of AIU 3 to provide services related to a Superintendent search at a cost of
$2,500.00 plus advertising.
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a. The motion to use AIU 3 for the Superintendent search carried via 8-0 unanimous
vote.
20. AIU 3 provides specialized educational services to 42 suburban school districts, five
vocational/technical schools, and a myriad of other educational institutions throughout
Allegheny County.
a. AIU 3 was formed in 1971 by the Pennsylvania General Assembly and serves as a
liaison to the Pennsylvania Department of Education.
1. AIU 3 is one of 29 AIUs within Pennsylvania.
b. AIU 3 provides administrative services in various areas, including human
resources.
21. AIU 3 representatives met with the Board and submitted an executive summary and
proposal to the District on January 17, 2018, for consideration in relation to the pending
Superintendent search.
a. The executive summary/proposal documented AIU 3's intent to work with the
District in hiring a Superintendent, to include the following:
1. Identification of timelines and deliverables;
2. Obtaining Board, staff, and community feedback regarding expectations of
the new Superintendent;
3. Refinement of job description;
4. Advertisement of position;
5. Facilitation of all interviews;
b. Development of interview questions and performance tasks;
7. Execution of background checks;
8. Facilitation of the final offer;
9. Hiring of the selected candidate;
10. Development of the contract; and
11. Creation of press notifications, as appropriate or as requested by the District.
b. The proposal identified an Executive Search Team of AIU 3 representatives
responsible for screening applications for minimum qualifications, assisting with
recommendations for first round interviews, development of candidate profiles,
assisting in determining the second -round interview process, etc.
1. The Executive Search Team consisted of the following AIU 3 personnel:
aa. Dr. Linda Hippert ("Hippert") — Executive Director;
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bb. Erin Kobel — Director of Human Resources and Labor Relations;
and
CC. Michael Radage ("Radage") ---- Human Resources Coordinator,
Recruitment, Compensation and PA-Educator.net.
22. AIU 3 developed a job description (dated January 24, 2018) and invitation to apply for the
position of Superintendent, which were approved by the Board at its February 21, 2018,
legislative meeting.
a. The invitation to apply provided information on the position qualifications (desired
and minimum) as well as general information regarding the District, the position,
salary and benefits, the application process, the process timeline, etc.
1. The invitation to apply supplied links to the job description and application
for completion.
2. The invitation to apply specified that application materials were to be
directed to AIU 3.
23. Upon the Board's approval of the invitation to apply and job description, AlU 3 submitted
the documents to multiple entities for posting including the AlU 3 website, the District
website, the Pennsylvania Association of School Administrators website, Indeed.com, and
Pennlink.
a. The position and application information was forwarded to the entities for posting
on or about February 22 and 23, 2018.
24. The posting/application submission period for the position of Superintendent was open
from February 22, 2018, until March 21, 2018.
a. The posting/application submission period originally spanned from February 22,
2018, to March 20, 2018,
25. Between February 27, 2018, and April 9, 2018, a total of nine individuals submitted
applications for the position of Superintendent as detailed below:
Name
Submission Date
Highest Level Prior Experience,
Timothy Glasspool
02/27/2018
Superintendent
John Mastillo
03/06/2018
Superintendent
Lisa Duval
03/09/2018
High School Principal
Tammy Caristo
03/13/2018
Superintendent
Jeffrey Soles
03/15/2018
Assistant Superintendent / Interim Superintendent
Joe Maluchnik
03/16/2018
Associate Principal
Michael Sable
03/19/2018
Principal
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Name Submission Date Highest Level Prior Experience
Alisa King 03/20/2018 Acting Superintendent / Director of Curriculum &
Academic Affairs
Martin Martymuska* 04/09/2018 Principal
*Application received and accepted past deadline
26. The posting/application submission period was extended one day in order to afford King
the opportunity to submit an application for consideration as a result of her service as the
Acting Superintendent.
a. DeVerse and Myers approached King shortly before the expiration of the posting
period and questioned why King had not submitted an application for the
Superintendent position.
1. Radage had informed DeVerse on or about March 12, 2018, of candidate
applications received to that point.
b. King informed DeVerse and Myers that she did not hold the required certification
to meet the minimum requirements for the position at that time.
1. An understanding was ultimately reached that King would be required to
obtain the necessary certification if selected as the primary candidate.
C. Martin Martymuska's application was accepted beyond the posting/application
submission period due to the fact that the position posting documented that the
position was to remain open until filled.
27. Representatives of the AIU Executive Search Team ("Search Team") met with Members
of the Board at the District Middle — High School boardroom on April 12, 2018, at 6:00
p.m. in relation to the Superintendent position.
a. The meeting was held to review focus group feedback which AIU 3 had compiled
and to review the candidate applications received.
28. As a result of the April 12, 2018, meeting, five candidates for the position of Superintendent
were selected for first round interviews.
29. First round interviews for the Superintendent position were held on May 2, 2018, at the
District Middle ---- High School.
a. Representatives of AIU 3 were present and conducted the formal interviews of the
first -round candidates.
b. Representatives of AlU 3 supplied Board Members attending the first -round
interviews with packets to utilize in scoring each candidate's performance.
30. Of the nine Board Members, six attended the first -round interviews conducted on May 2,
2018.
a. Board Members absent from the first -round interviews included Miller, Geary, and
Riley.
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Page 9
31. Three of the candidates interviewed were selected by the Board to move forward to the
second round of the interview process.
a. King, John Mastillo ("Mastillo"), and Joe Maluchnik ("Maluchnik") were the
candidates chosen for the second -round interview process.
32. Second -round interviews for the Superintendent position were held on May 8, 2018, at the
District Middle --- High School.
a. Representatives of AIU 3 were present and conducted the formal interviews of the
second -round candidates.
b. Representatives of AIU 3 supplied Board Members attending the second -round
interviews with packets to utilize in scoring each candidate's performance.
33. All nine Board Members were present for the second -round interviews conducted on May
8, 2018.
a. Neither Miller, Geary, nor Riley documented any scores for any of the three
candidates on the scoring packets provided by AIU 3.
b. DeVerse and Myers documented scores only for King on the scoring packets
provided by AIU 3.
34. At the Board's May 10, 2018, workshop meeting, an executive session was called to
discuss the candidates and identify the lead candidate for the Superintendent position.
a. Neither Miller nor Geary was present at the May 10, 2018, workshop meeting to
participate in the discussion.
35. A straw poll taken during the May 10, 2018, executive session identified Maluchnik as the
lead candidate for the Superintendent position, as well as the possibility of hiring Mastillo
as the Assistant Superintendent.
a. On May 10, 2018, at approximately 10:13 p.m., DeVerse sent an email to Radage
requesting Radage to forward contact information for both Maluchnik and Mastillo,
"... as we have decided to hire both."
1. The Board no longer considered King a viable candidate for the position of
Superintendent after the May 10, 2018, executive session.
b. The hiring of a new Superintendent was initially anticipated to occur at the May 16,
2018, regular Board meeting.
36. Lautner contacted Maluchnik as the lead candidate for the Superintendent position and
began informal discussions with Maluchnik regarding his potential contract as the
Superintendent.
a. Lautner contacted Maluchnik at the direction of the majority of the Board.
37. On the morning of May 15, 2018, at approximately 9:33 a.m., Miller initiated telephone
communication with King in her capacity as the Acting Superintendent.
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Page 10
a. Miller and King have no social/personal relationship.
1. Miller's contact with King prior to King serving as the Acting
Superintendent was rare.
38. King was present in the District ,Superintendent's office at the time of Miller's call on the
morning of May 15, 2018.
a. King was meeting with Michael Crown ("Crown"), District employee and South
Allegheny Education Association President, at the time of Miller's call.
1. The South Allegheny Education Association is an organization associated
with the Pennsylvania State Education Association.
2. The South Allegheny Education Association represents the District's
professional employee bargaining unit in relation to contracts, grievances,
collective bargaining issues, employee disciplinary issues, etc.
b. King was initially unaware that Miller was the individual calling.
1. The caller identification function on King's cellular telephone noted that the
calling number was "blocked."
39. Upon King answering the call, Miller greeted King and proceeded to offer King
employment as the full-time "permanent District Superintendent" in exchange for her
official action in influencing DeVerse to reappoint Gobel as the District Solicitor.
a. Miller questioned if King had "10-15 minutes for the most important meeting of
your life today."
b. Miller proclaimed his ability to make King the next Superintendent if King wanted
the position.
C. Miller asserted that he had four votes for King but needed a fifth.
d. Miller questioned how "hooked" King was on Lautner as the District Solicitor.
e. Miller emphasized his desire to get DeVerse and Gobel working together.
f. Miller offered King the position of full-time Superintendent if King could influence
DeVerse to vote in favor of bringing Gobel back to the District.
g. Miller requested that King meet him that day at his place of business at 1227 Lysle
Boulevard, McKeesport, PA 15132.
h. Miller warned King not to tell anybody about the telephone call.
L Miller emphasized that King needed to make her decision that day.
I . King explained to Miller that she was busy with meetings that day.
2. King informed Miller that she would get back to him.
Miller, 18-047
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j. The telephone conversation between Miller and King concluded at approximately
9:36 a.m.
40. Crown was present in the Superintendent's office with King for the entirety of Miller's
call/discussion with King.
a. King verbally acknowledged Miller as the caller upon answering the telephone.
b. King consistently repeated statements from Miller out loud prior to responding.
1. King repeated Miller's statements verbally prior to responding in order for
Crown to have knowledge of the conversation.
C. The high -volume level of King's cellular telephone also enabled Crown to
personally hear a significant portion of Miller's statements to King.
41. At 9:38 a.m. that morning (May 15, 2018), two minutes after her call with Miller ended,
King initiated a text message to DeVerse which resulted in a string of messages between
King and DeVerse regarding Miller's telephone call and solicitation.
a. King's initial message to DeVerse stated:
"Off the record.... Pete just called me. He has offered me the Super
job. He has asked me to go meet with him. "
b. King followed her initial message to DeVerse with a second message which stated:
"Must make my decision today. "
C. King later followed with, among other messages,
"What do I do? Not selling myself for George. "
1. "George" referred to Gabel.
42. King and DeVerse spoke via telephone (cellular) at approximately 10:38 a.m. later that
same day regarding the situation involving Miller and Miller's attempt to influence King.
a. DeVerse cautioned King against taking the meeting with Miller and asserted that
he would not support the hiring of King if she accepted Miller's proposal.
b. The conversation between King and DeVerse concluded at approximately 10:52
a.m.
43. Miller initiated a telephone call to DeVerse's cellular telephone at approximately 10:52
a.m. while DeVerse's conversation with King was ongoing.
a. DeVerse concluded his telephone call with King in order to accept Miller's call.
b. Miller asserted to DeVerse of having knowledge that King had contacted DeVerse
regarding Miller's original call to King.
Miller, 18-047
Page 12
C. Miller admitted to DeVerse of contacting King, informing her that he had four
votes, and that he could make her day, in that if Miller could secure a fifth vote, the
Superintendent position was hers.
d. Miller denied requesting King's attempt to influence a Board Member to bring
Gobel back in exchange for the Superintendent position.
44. King proceeded to make multiple attempts to contact Miller on the afternoon of May 15,
2018, but she was unsuccessful in doing so.
a. King made a minimum of four attempts to contact Miller via cellular telephone
between the times of 1:48 p.m. and 2:05 p.m.
b. King ultimately sent Miller a text message at 3:19 p.m. which noted,
"I tried calling several tunes this afternoon. My morning
was packed with interviews and budget meetings. Trying to
cleanup personnel issues and trim out what we can. I didn't
want to run over there if you weren't going to be in. "
45. King subsequently received a call from Miller at 3:26 p.m. on her cellular telephone on the
afternoon of May 15, 2018, during which Miller retracted the offer he had presented to
King that morning.
a. Miller informed King that the deal he had presented that morning was no longer
being offered.
1. Miller explained that he was aware that King had contacted DeVerse and
had divulged the conversation/offer, when he had instructed her that she
was not to tell anyone.
2. Miller explained that the deal was no longer viable as a result of King's
actions.
b. Miller stated that Gobel only wanted six months to clean things up at the District.
1. Miller added that Gobel was leaving the area in December (2018) to live in
Florida and would not be in the area anymore.
C. Miller again instructed King to tell no one about the deal/offer.
d. The conversation between Miller and King concluded at approximately 3:44 p.m.
46. Although the naming of the new Superintendent was initially anticipated to occur at the
May 16, 2018, regular meeting, no action to hire a Superintendent occurred at said meeting.
a. The District failed to publicly advertise in advance its intent to select a new
Superintendent at the May 16, 2018, regular meeting per provisions of the School
Code and the Pennsylvania Sunshine Law.
1. The District advertised in the May 18, 2018, edition of the Pittsburgh Post -
Gazette a workshop meeting and subsequent special meeting to be held on
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Page 13
May 23, 2018, for the purpose of selecting a Superintendent and to discuss
District finances.
47. During the public comment portion of the Board's May 16, 2018, regular meeting, attendee
Kate Handra ("Handra") openly questioned the initial May 15, 2018, telephone call
between Miller and King.
a. Handra questioned King if she had received a telephone call from a current elected
Board Member.
b. Handra questioned King if the Board Member had promised King the permanent,
full-time Superintendent position in exchange for voting for a person who was not
currently at the District.
1. Superintendents do not have the ability to vote at Board meetings.
48. At the conclusion of Handra's inquiry, King questioned DeVerse if he wanted her to
respond to the questions posed in the absence of the District Solicitor.
a. DeVerse questioned if King should respond at the open meeting with no District
Solicitor present.
b. King ultimately stated that she was not comfortable answering the questions at that
time.
49. Handra subsequently presented an additional question to the Board regarding the existence
of any efforts to rehire Gobel as the District Solicitor.
a. All nine Board Members were in attendance at the May 16, 2018, regular meeting.
b. None of the Board Members in attendance responded to Handra's inquiry.
50. During the new business portion of the May 16, 2018, regular meeting, Borrelli motioned,
seconded by DeFelice, to continue the search for a new Superintendent and interview
additional candidates.
a. The motion passed via 5-4 majority vote.
1. Borrelli presented the motion for consideration despite Lautner having
previously begun contract negotiations with Maluchnik for the position of
Superintendent at the Board's direction.
51. Borrelli's motion passed without the public being presented with an opportunity to
comment on the action.
a. Borrelli's motion to continue the search for a new Superintendent and interview
additional candidates was not documented on the May 16, 2018, regular meeting
agenda as an item for action, consideration, deliberation, etc.
52. On May 18, 2018, DeVerse contacted Radage via email and requested that the applicant
information be provided to the District for a special meeting of the Board scheduled for
May 23, 2018.
Miner, 18-047
Page 14
a. DeVerse later sent Radage a follow-up email on May 20, 2018, noting a change to
his May 18, 2018, request.
1. DeVerse questioned if Radage could schedule an interview with Lisa Duval
("Duval") as early as May 22, 2018.
aa. DeVerse had received telephone calls from Borelli and Riley
suggesting that Duval be interviewed for the Superintendent
position.
2. DeVerse identified Duval in the email as being one of the original
candidates, however she was not selected for a first -round interview.
53. Although DeVerse requested AIU 3's assistance in scheduling and ultimately interviewing
Duval, AIU 3 representatives declined to participate.
a. Radage questioned the Board's request to interview an additional candidate.
1. Radage presented his belief that the Board had already decided upon a
candidate for the Superintendent position.
b. DeVerse informed Radage that the Board had changed its mind.
54. As a result of the communication between DeVerse and Radage, AIU 3 presented
correspondence from Hippert to the District, dated May 21, 2018, informing the District of
the following;
a. AIU 3 was concluding its services related to the Superintendent search for the
District;
b. AIU 3 believed it was in its best interest to allow the Board and its Solicitor to carry
out the remainder of the process although a new Superintendent had not yet been
named;
C. AIU 3 was waiving all fees for services provided to date for the Superintendent
search; and
d. AIU 3 intended to notify all applicants for the position that AIU 3's work in relation
to the Superintendent search was concluded and that all questions were to be
referred to DeVerse as the Board President.
e. The information was also relayed to DeVerse via telephone communication on May
21, 2018.
55. The agenda established for the May 23, 2018, special meeting documented a prepared
motion to be read under the Persornel/Negotiations Committee portion of the meeting in
relation to the hiring of a new Superintendent for the District.
a. The motion was identified as Item Number 1 on the Personnel/Negotiations
Committee portion of the agenda.
b. The name of the individual to be appointed as the new Superintendent was not
identified within the motion.
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Page 15
1. Two blank spaces were documented within the motion where the successfiil
candidate's name was to be inserted.
56. During the public comment portion of the May 23, 2018, special meeting, attendee Handra
addressed the Board and requested that the Board rescind the motion/vote from the May
16, 2018, meeting which approved continuing the search for a new Superintendent.
57. During the public comment portion of the May 23, 2018, special meeting, Handra also
questioned King again as to the May 15, 2018, telephone conversation between Miller and
King.
a. Handra questioned if Miller called King prior to the May 16, 2018, regular Board
meeting and offered her the permanent, full-time Superintendent position if King
could "flip" DeVerse to vote Gobel back into the District Solicitor position.
1. King responded affirmatively.
b. Handra questioned if Miller requested King to meet with him at a location off
campus to discuss the offer.
1. King responded affirmatively.
C. Handra questioned if Miller requested King not to speak to anybody about the
meeting.
1. King responded affirmatively.
d. Miller was not present at the May 23, 2018, special meeting.
58. Although documented on the agenda as an action item, no motion was presented at the May
23, 2018, special meeting to hire a new Superintendent.
a. Borrelli motioned, seconded by DeFelice, to table the item which carried via 7-0
vote with Miller and Geary absent.
59. Immediately thereafter, Borrelli made a motion under New Business, seconded by
DeFelice, to continue the Superintendent search with the applications already received.
a. The vote carried via 5-1-1 vote.
60. Duval participated in a first -round interview with the Board on or about May 24, 2018, and
a follow-up second -round interview on or about May 29, 2018.
a. Lautner presented the first and second round interview questions/requirements to
Duval.
1. Lautner utilized the same questions and presentation materials with Duval
that had been presented to the original interviewees by the AIU 3
representatives.
61. The advertisement providing notice of a special meeting for selecting a Superintendent for
the District and discussion of District finances scheduled for May 30, 2018, was published
in the May 26, 2018, edition of the Pittsburgh Post -Gazette.
Miller, 18-047
Page 16
a. The notice advising of the District's intent to select a Superintendent at the May 30,
2018, special meeting was published three days prior to Duval's second interview.
62. The agenda for the Board's May 30, 2018, special meeting documented multiple items for
action under the Personnel/Negotiations Committee portion of the agenda.
a. A prepared motion to be read under Item No. 6 documented the election and
approval of Duval to serve as the Superintendent for a period of three years, and for
the District to enter into an Employment Agreement with Duval, to be prepared by
the District Solicitor, setting annual compensation of $120,000.00 effective July 1,
2018.
63. At the Board's May 30, 2018, special meeting, a motion was made by Miller, seconded by
DeFelice, that Agenda Item No. 6 be approved.
a. The motion to hire Duval as the Superintendent carried via 9-0 unanimous vote.
1. Although the vote to hire Duval was unanimous, not all Board Members
were in favor of Duval's appointment as the Superintendent.
aa. Board Members not in favor of Duval serving as the Superintendent
voted to appoint Duval for the purpose of the Board appearing
unified on the subject.
THE FOLLOWING FINDINGS RELATE TO MILLER'S FAILURE TO FILE A
STATEMENT OF FINANCIAL INTERESTS FOR THE 2014 CALENDAR YEAR AND
DEFICIENT FILINGS FOR CALENDAR YEARS 2013, 2015, 2016, AND 2017.
64. Miller was required to file Statements of Financial Interests ("SFIs") by May I" annually
in his position as a Member of the Board for calendar years 2013 through 2017.
65. On October 22, 2018, an SFI compliance review was conducted .for the District at the
District's administrative office located at 2743 Washington Boulevard, McKeesport, PA
15133.
66. Miller filed SFIs for calendar years 2013 through 2017 as follows:
Form Date
For Calendar Year
January 20, 2014
2013
Non -Filer
2014
Undated
Incomplete
January 29, 2017
2016
February 22, 2018
2017
67. Miller failed to disclose or otherwise identify either his home, business, or governmental
address on his SFIs filed for calendar years 2015 and 2016.
Miller, 18-047
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a. Section 02 "Address" on Miller's 2015 and 2016 calendar year SFIs was left
incomplete/blank.
68. Miller failed to disclose or otherwise identify his self-employment as his occupation or
profession on his SFIs filed for calendar years 2013, 2015, 2016, and 2017.
69. Miller failed to disclose American Recovery Corporation as a direct/indirect source of
income on his SFI filed for calendar year 2016 and failed to disclose Blairsville Speedway,
LLC, as a direct/indirect source of income on his SFIs filed for calendar years 2013, 2015,
2016, and 2017.
70. Miller failed to properly complete Section 07 "Year" and identify the date on which he
completed his 2015 calendar year SFI.
71. Miller failed to file an SFI by May 1, 2015, for the 2014 calendar year.
72. Miller filed amended SFIs for calendar years 2013, 2015, 2016, and 2017 as well as an SFI
for calendar year 2014.
a. Miller corrected all deficiencies identified on and/or in regard to his 2013 through
2017 calendar year filings.
b. Miller's amended filings (2013, 2015, 2016, and 2017 calendar years) and filing
(2014 calendar year) were received/filed at the District on January 16, 2019.
III. DISCUSSION:
As a Member of the Board of Directors ("Board") of the South Allegheny School District
("District") from December 5, 2005, through the present, and as Vice -President of the Board from
December 4, 2017, through the present, Respondent Peter Miller, also referred to herein as
"Respondent," "Respondent Miller," and "Miller," 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
sq.
The allegations are that Miller violated Sections 1103(b), 1104(a), 1105(a), 1105(b)(1),
1105(b)(2), and 1105(b)(5) of the Ethics Act when he offered/promised to a public official/public
employee, namely the Acting Superintendent of the District, future employment as the permanent
Superintendent of the District, based on the understanding that the Acting Superintendent would
be influenced to use her position of public employment to influence the Board; when he failed to
file a 2014 calendar year Statement of Financial Interests ("SFI"); and when he filed deficient SFIs
for calendar years 2013, 2015, 2016 and 2017 by failing to identify an occupation/profession,
failing to disclose an address (2015 and 2016), failing to identify the filing year and to properly
date his filing (2015), and failing to disclose all reportable sources of income (2016).
Section 1103(b) of the Ethics Act provides in part that no person shall offer to a public
official/public employee anything of monetary value based upon the offeror's understanding that
the vote, official action, or judgment of the public official/public employee would be influenced
thereby:
Miller, 18-047
Page 18
§ 1103. Restricted activities
(b) Seeking improper influence. No person shall offer or
give to a public official, public employee or nominee or candidate
for public office or a member of his immediate family or a business
with which he is associated, anything of monetary value, including
a gift, loan, political contribution, reward or promise of future
employment based on the offeror's or donor's understanding that the
vote, official action or judgment of the public official or public
employee or nominee or candidate for public office would be
influenced thereby.
65 Pa.C.S. § 1103(b).
Section I I04(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(a) 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 file the SFI form must provide.
Section 1105(b)(1) of the Ethics Act requires the filer to disclose on the SFI his name,
address, and public position.
Section I I05(b)(2) of the Ethics Act requires the filer to disclose on the SFI his occupation
or profession.
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. Miller has served as a Member of the
Board since December 5, 2005. Miller has served as Vice -President of the Board since December
4, 2017. At all times relevant to the instant matter, the Board held a legislative meeting on the
third Wednesday of each month. Special meetings were held as necessary.
Millar, 18-047
Page 19
Richard Fine ("Fine") was employed as the Superintendent of the District from December
5, 2016, until December 18, 2017, when he resigned from his position with the District. Fine
agreed to voluntarily resign from his position after attending a meeting with Board President
Shawn DeVerse ("DeVerse") and District Solicitor George S. Gobel, Esquire ("Gobel").
At a special meeting of the Board on December 27, 2017, Alisa King ("King"), who was
employed as the Director of Elementary Curriculum and Academic Affairs for the District, was
appointed as the Acting Superintendent of the District. During the special meeting, the Board
voted to begin a search process to hire a Superintendent through the Pennsylvania School Board
Association or Allegheny Intermediate Unit #3 ("AIU 3"), which provides administrative services
to educational 'institutions throughout Allegheny County.
At the Board's January 17, 2018, legislative meeting, the Board formally approved the
utilization of AIU 3 to provide services related to a Superintendent search. AIU 3 would refine
the job description for the Superintendent position and advertise the Superintendent position, and
an Executive Search Team of three AIU 3 representatives would be responsible for screening
applications for minimum qualifications and assisting with the interview process.
During the Board's January 17, 2018, legislative meeting, Board Member Luke Riley made
a motion to hire Scott Lautner, Esquire ("Lautner") as the District Solicitor effective immediately.
The motion to hire Lautner passed by a vote of five to three and removed Gobel from the District
Solicitor position which he had held since at least December 5, 2005. Miller, who voted in
opposition to the motion, later informed Lautner that he supported bringing Gobel back to the
District if an opportunity arose to do so.
AIU 3 developed a job description for the position of Superintendent and an invitation to
apply for the position, which were approved by the Board on February 21, 2018. Upon the Board's
approval of the job description and the invitation to apply, AIU 3 submitted the documents to
multiple entities for posting on various websites.
Between February 27, 2018, and April 9, 2018, nine individuals submitted applications for
the position of Superintendent. The applicants included, in pertinent part, King, Joe Maluchnik
("Maluchnik"), and John Mastillo ("Mastillo"). After representatives of AIU 3 conducted first -
round interviews of at least four applicants for the Superintendent position, the Board chose King,
Maluchnik, and Mastillo for second -round interviews.
On May 8, 2018, representatives of AIU 3 conducted second -round interviews of King,
Maluchnik, and Mastillo. All Members of the Board were present for the second -round interviews.
During an executive session of the Board held on May 10, 2018, a straw poll of the Board identified
Maluchnik as the lead candidate for the Superintendent position. Miller was not present at the
executive session. The Board no longer considered King to be a viable candidate for the position
of Superintendent after the executive session.
The hiring of a Superintendent was initially anticipated to occur at the May 16, 2018,
legislative meeting of the Board. At the direction of a majority of the Board, Lautner contacted
Maluchnik and began informal discussions with him regarding his potential contract as the
Superintendent.
Miller, 18-047
Page 20
On May 15, 2018, at approximately 9:33 a.m., Miller telephoned King at the
Superintendent's office and proceeded to offer her employment as the full-time "permanent
District Superintendent" in exchange for her official action in influencing DeVerse to reappoint
Gobel as the District Solicitor. Miller proclaimed his ability to make King the next Superintendent
if she wanted the position. Miller asserted that he had four votes for King but needed a fifth vote.
Miller questioned how "hooked" King was on Lautner as the District Solicitor, and he emphasized
his desire to get DeVerse and Gobel working together. Miller offered King the position of full-
time Superintendent if she could influence DeVerse to vote in favor of bringing Gobel back to the
District. Miller asked King if she had "ten to fifteen minutes for the most important meeting" of
her life and requested that she meet him that day at his place of business. Miller emphasized that
King needed to make her decision that day, and he warned her not to tell anybody about the
telephone call. King explained to Miller that she was busy with meetings that day, and she
informed him that she would get back to him. The telephone call between Miller and King ended
at approximately 9:36 a.m.
Two minutes after the telephone call ended, King sent a text message to DeVerse which
stated, "Off the record.... Pete just called me. He has offered me the Super job. He has asked me
to go meet with him." King sent additional text messages to DeVerse which stated, "Must make
my decision today" and "What do I do? Not selling myself for George [Lobel]."
At approximately 10:38 a.m. that same day, King and DeVerse had a telephone
conversation about Miller's attempt to influence King. DeVerse cautioned King against meeting
with Miller and asserted that he would not support King's hiring if she accepted Miller's proposal.
DeVerse ended his telephone conversation with King in order to accept a telephone call from
Miller. During the ensuing telephone conversation, Miller said that he knew King had contacted
DeVerse about Miller's telephone call that morning. Miller admitted that he had informed King
that he had four votes and that the Superintendent position was hers if he could secure a fifth vote.
Miller denied asking King to attempt to influence a Board Member to bring Gobel back in
exchange for the Superintendent position.,
On the afternoon of May 15, 2018, King made multiple attempts to contact Miller by
telephone. King then sent Miller a text message at 3:19 p.m. which stated, "I tried calling several
times this afternoon. My morning was packed with interviews and budget meetings. Trying to
clean up personnel issues and trim out what we can. I didn't want to run over there if you weren't
going to be in." Miller telephoned King several minutes later and informed her that the deal he
had presented to her that morning was no longer being offered. Miller explained to King that the
deal was no longer viable because King had told DeVerse about the deal. Miller stated that Gobel
only wanted six months to clean things up at the District and that Gobel was leaving the area in
December 2018 to live in Florida. Miller again instructed King to tell no one about the deal.
At the Board's legislative meeting on May 16, 2018, the Board took no action to hire a
Superintendent because the District had failed to publicly advertise in advance its intent to hire a
Superintendent at the meeting as required by the Public School Code and the Pennsylvania
Sunshine Act. During the meeting, attendee Kate Handra ("Handra") asked King if a Board
Member had called her and promised her the Superintendent position in exchange for voting for a
person who was not currently at the District. The District Solicitor was not present, and King
stated that she was not comfortable answering the question at that time. Handra subsequently
Miller, 18-047
Page 21
asked the Board about the existence of any efforts to rehire Gobel as the District Solicitor. None
of the Board Members responded to Handra's question.
During the May 16, 2018, meeting, the Board voted 5-4 to continue the search for a
Superintendent and interview additional candidates even though Lautner had begun contract
negotiations with Maluchnik for the Superintendent position at the Board's direction. Although
DeVerse subsequently requested AIU 3's assistance in interviewing Lisa Duval ("Duval"), who
had applied for the Superintendent position but had not been selected for a first -round interview,
AIU 3 representatives declined to participate and ended AIU 3's services related to the search for
a Superintendent.
During a special meeting of the Board on May 23, 2018, Handra again questioned King as
to her May 15, 2018, telephone conversation with Miller. King responded affirmatively when
Handra asked if Miller had called King and offered her the Superintendent position if King could
"flip" DeVerse to vote Gobel back into the District Solicitor position. Miller was not present at
the May 23, 2018, meeting.
The Board interviewed Duval two times in late May 2018. At a special meeting of the
Board on May 30, 2018, Miller participated in a unanimous Board vote to hire Duval as the
Superintendent.
As for Miller's SFIs, on October 22, 2018, an SFI compliance review was conducted for
the District. Miller's SFIs for calendar years 2013, 2015, 2016, and 2017 were on file with the
District. Miller had no SFI for calendar year 2014 on file with the District.
Miller filed deficient SFIs for calendar years 2013, 2015, 2016, and 2017 by: (1) failing to
properly complete Block 7, "calendar year," on his SFI for calendar year 2015; (2) failing to
identify the date on which he completed his SFI for calendar year 2015; (3) failing to disclose or
otherwise identify his home, business, or governmental address on his SFIs for calendar years 2015
and 2016; (4) failing to disclose or otherwise identify his self-employment as his occupation or
profession on his SFIs for calendar years 2013, 2015, 2016, and 2017; and (5) failing to disclose
American Recovery Corporation and Blairsville Speedway, LLC, as direct/indirect sources of
income on his SFI for calendar year 2016.
On January 16, 2019, Miller filed an SFI for calendar year 2014 and amended SFIs for
calendar years 2013, 2015, 2016, and 2017 with the District. The parties have stipulated that Miller
corrected all deficiencies identified on and/or with regard to his SFIs for calendar years 2013
through 2017.
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:
3. The Investigative Division will recommend the following in relation
to the above allegations:
a. That a violation of Section 1103(b) of the Public Official
Miller, 18-047
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and Employee Ethics Act, 65 Pa.C.S. § 1103(b), occurred
when Miller contacted the Acting Superintendent of the
South Allegheny School District and promised and/or
offered to appoint her (the Acting Superintendent) as the
permanent Superintendent, in exchange for her efforts to
influence the Board of Directors to rehire/reappoint the
former District Solicitor, George S. Goble, Esquire, as the
District Solicitor.
b. That a violation of Section 1104(a) of the Public Official
and Employee Ethics Act, 65 Pa.C.S. § 1104(a), occurred
when Miller failed to timely file a 2014 calendar year
Statement of Financial Interests.
C. That a violation of Section 1105(b)(1), (2), and (5) of the
Public Official and Employee Ethics Act, 65 Pa.C.S. §
1105(b)(1), (2), and (5), occurred when Miller filed
deficient Statements of Financial Interests for calendar
years 2013, 2015, 2016 and 2017 by failing to identify an
occupation/profession, failing to disclose an address
(years 2015/2016), failing to identify filing year and to
properly date his filing (2015), and failing to disclose all
reportable sources of income (2016).
4. Miller agrees to make payment in the amount of $2,500.00 in
settlement of this matter.
a. Miller agrees to make a payment of $2,250.00 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.
b. Miller agrees to make a payment of $250.00, representing
a portion of the costs incurred by the Commission in the
investigation and enforcement of this matter, which shall
be made payable to the Pennsylvania State Ethics
Commission within thirty (30) days of the issuance of the
final adjudication in this matter.
5. If he has not already done so, Miller agrees to file complete and
accurate amended Statements of Financial Interests with the South
Allegheny School District, through the Pennsylvania State Ethics
Commission, for calendar years 2013, 2014, 2015, 2016, and 2017
within thirty (30) days of the issuance of the final adjudication in
this matter.
Miller, 18-047
Page 23
6. Miller agrees to not accept any reimbursement, compensation or
other payment from the South Allegheny School District
representing a full or partial reimbursement of the amount paid in
settlement of this matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other authority
to take action in this matter. Such, however, does not prohibit the
Commission from initiating appropriate enforcement actions in the
event of 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 2-3.
It appears that the Investigative Division in the exercise of its prosecutorial discretion has
elected to nolle pros the alleged violation of Section 1105(a) of the Ethics Act. We therefore need
not address that allegation.
In considering the Consent Agreement, we accept the recommendation of the parties for a
finding of a violation of Section 1103(b) of the Ethics Act.
Section 1103(b) of the Ethics Act provides, in pertinent part, that no person shall offer to a
public official/public employee anything of monetary value, including a promise of future
employment, based upon the offeror's understanding that the vote, official action, or judgment of
the public official/public employee would be influenced thereby.
On January 17, 2018, Gobel was removed from the position of District Solicitor when the
Board voted to hire Lautner as the District Solicitor. On May 15, 2018, Miller telephoned King,
who was a public official/public employee in her capacity as the Acting Superintendent of the
District, and offered her something of monetary value —specifically, employment as the full-time
Superintendent of the District —if she could influence the Board President to vote in favor of
bringing Gobel back to the District. It is clear that Miller made his offer to King based upon his
understanding that King's official action or judgment as the Acting Superintendent of the District
would be influenced by his offer.
Based upon the Stipulated Findings and the Consent Agreement, we hold that a violation
of Section 1103(b) of the Ethics Act, 65 Pa.C.S. § 1103(b), occurred when Miller contacted the
Acting Superintendent of the District and promised and/or offered to appoint her as the
Superintendent in exchange for her efforts to influence the Board to rehire/reappoint the former
District Solicitor, George S. Goble, Esquire, as the District Solicitor.
As for the allegations regarding Miller's SFIs, we hold that: (1) a violation of Section
1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Miller failed to timely file a
calendar year 2014 SFI; and (2) a violation of Sections 1105(b)(1), (2), and (5) of the Ethics
Act, 65 Pa.C.S. §§ 1105(b)(1), (2), and (5), occurred when Miller filed deficient SFIs for
Miller, 18-047
Page 24
calendar years 2013, 2015, 2016, and 2017 by failing to identify an occupation/profession
(2013, 2015, 2016, and 2017), failing to disclose an address (2015 and 2016), failing to identify
the filing year and to properly date his filing (2015), and failing to disclose all reportable
sources of income (2016).
As part of the Consent Agreement, Miller has agreed to make a payment in the amount of
$2,250.00 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.
Miller has further agreed to make a payment in the amount of $250.00 payable to the
Pennsylvania State Ethics Commission, representing a portion of the costs incurred by this
Commission in the investigation and enforcement of this matter, with such payment to be
forwarded to this Commission within thirty (30) days of the issuance of the final adjudication
in this matter.
Miller has 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.
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, Miller is directed to make a
payment in the amount of $2,250.00 payable to the Commonwealth of Pennsylvania and
forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of
this adjudication and Order.
Per the Consent Agreement of the parties, Miller is further directed to make a payment
in the amount of $250.00 payable to the Pennsylvania State Ethics Commission, representing
a portion of the costs incurred by this Commission in the investigation and enforcement of this
matter, with such payment forwarded to this Commission by no later than the thirtieth (30th)
day after the mailing date of this adjudication and Order.
Miller 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.
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 a Member of the Board of Directors ("Board") of the South Allegheny School District
("District") since December 5, 2005, and as Vice -President of the Board since December
4, 2017, Respondent Peter Miller ("Miller") has been a public official subject to the
Miller, 18-047
Page 25
provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. §
1101 et seq.
2. Miller violated Section 1103(b) of the Ethics Act, 65 Pa.C.S. § 1103(b), when he contacted
the Acting Superintendent of the District and promised and/or offered to appoint her as the
Superintendent in exchange for her efforts to influence the Board to rehire/reappoint the
former District Solicitor, George S. Goble, Esquire, as the District Solicitor.
3. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when
Miller failed to timely file a calendar year 2014 Statement of Financial Interests.
4. A violation of Sections 1105(b)(1), (2), and (5) of the Ethics Act, 65 Pa.C.S. §§
1105(b)(1), (2), and (5), occurred when Miller filed deficient Statements of Financial
Interests for calendar years 2013, 2015, 2016, and 2017 by failing to identify an
occupation/profession (2013, 2015, 2016, and 2017), failing to disclose an address
(2015 and 2016), failing to identify the filing year and to properly date his filing (2015),
and failing to disclose all reportable sources of income (2016).
In Re: Peter Miller,
Respondent
File Docket:
18-047
Date Decided:
9/14/21
Date Mailed:
9/16/21
ORDER NO. 1792
1. Peter Miller ("Miller"), as a Member and Vice -President of the Board of Directors
(`Board") of the South Allegheny School District ("District"), violated Section I I03(b) of
the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(b), when he
contacted the Acting Superintendent of the District and promised and/or offered to appoint
her as the Superintendent in exchange for her efforts to influence the Board to
rehire/reappoint the former District Solicitor, George S. Goble, Esquire, as the District
Solicitor.
2. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when
Miller failed to timely file a calendar year 2014 Statement of Financial Interests.
3. A violation of Sections 1105(b)(1), (2), and (5) of the Ethics Act, 65 Pa.C.S. §§
1105(b)(1), (2), and (5), occurred when Miller filed deficient Statements of Financial
Interests for calendar years 2013, 2015, 2016, and 2017 by failing to identify an
occupation/profession (2013, 2015, 2016, and 2017), failing to disclose an address
(2015 and 2016), failing to identify the filing year and to properly date his filing (2015),
and failing to disclose all reportable sources of income (2016).
4. Per the Consent Agreement of the parties, Miller is directed to make a payment in the
amount of $2,250.00 payable to the Commonwealth of Pennsylvania and forwarded to
the Pennsylvania State Ethics Commission by no later than the thirtieth (30") day after
the mailing date of this Order.
5. Per the Consent Agreement of the parties, Miller is further directed to make a payment
in the amount of $250.00 payable to the Pennsylvania State Ethics Commission,
representing a portion of the costs incurred by this Commission in the investigation and
enforcement of this matter, with such payment forwarded to the Pennsylvania State
Ethics Commission by no later than the thirtieth (30t11) day after the mailing date of this
Order.
6. Miller 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.
7. Compliance with paragraphs 4, 5, and 6 of this Order will result in the closing of this case
with no further action by this Commission.
Miller, 18-047
Page 27
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Nicholas A. Colafella, r