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In Re: Richard Como,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
File Docket:
-ref:
Date Decided:
Date Mailed:
FACSIMILE: 717-787-0806
WEBSITE: Www.ethJcS,p@,W
14-074
Order No, 1799
4/21/22
4/22/22
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 �jeq., 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.
T. ALLEGATIONS:
That Richard Como, a public official/public employee in his capacity as the Superintendent
of the Coatesville Area School District, violated Sections 1103(a) and 1103(f) of the State Ethics
Act (Act 93 of 1998) when he utilized the authority of his public employment to promote and/or
otherwise further a pecuniary benefit to himself, and/or a member of his immediate family, namely
his son, Matthew Como, when he authorized and/or otherwise directed salary increases/promotions
regarding his son, Matthew Como's, hiring and continued employment with the Coatesville Area
School District, resulting in substantial pay increases; when he directed and/or otherwise
authorized the purchase of an electrical generator by the Coatesville Area School District from
himself, through a straw man/third party, and when same was done absent an open and public
process; when he sought reimbursement from the Coatesville Area School District for expenses he
was otherwise not eligible for reimbursement; and when be utilized Coatesville Area School
District funds to purchase rings/jewelry and converted same to his private use.
Como, 14-074
Page 2
II. FINDINGS:
1. Richard Como ("Como") served as the Superintendent of the Coatesville Area School
District ("CASD") from November 4, 2005, until on or about September 2, 2013.
a. In August of 2013, Como retired from his position with the CASD, following the
discovery of Como exchanging racist text messages with the CASD Athletic
Director on their District -provided cellular telephones.
b. The CASD formally accepted Como's resignation on September 2, 2013.
2. The CASD is located in Chester County, Pennsylvania and provides K-12 primary public
education for approximately 7,199 students.
a. The CASD is governed by a nine -Member Board of School Directors ("CASD
Board").
b. The CASD Board typically holds committee meetings on the second Tuesday of
the month and regular board meetings on the fourth Tuesday of the month.
C. Special meetings of the CASD Board are held as necessary.
3. Como was employed by the CASD beginning on or around May 22, 1986, and he held the
positions of Adaptive Physical Education Teacher, Alternative Education Teacher,
Attendance Officer, and Head Football Coach.
a. In or about December 1987, Como took a position as the Athletic Director for
Upper Merion High School, Upper Merion School District, Montgomery County,
Pennsylvania.
b. Como was rehired by the CASD as an Assistant Principal for the Coatesville Area
Senior High School in 1988, and he became Principal of the Coatesville Area
Senior High School on or around July 13, 1995.
C. Como remained the Principal of the Coatesville Area Senior High School until his
hiring as the Superintendent of the CASD.
4. Como's employment contract with the CASD, effective November 4, 2005, in part,
detailed his duties and scope of employment as follows:
a. The Superintendent shall be charged with the administration of the schools under
the direction of the Board of School Directors. The Superintendent shall be the
Chief Executive Officer of the School District, and as such, shall be responsible for
performing all duties incident to the office of the District Superintendent as set forth
Como, 14-074
Page 3
in the Public School Code and other such duties as may be legally prescribed by
the Board of School Directors.
b. The Superintendent shall have a seat on the Board of School Directors and the right
to speak on all issues before the Board but shall not have the right to vote. The
Superintendent or his/her designee(s) shall have the right to attend all regular and
special meetings of the Board and all committee meetings thereof, excepting those
relating to his/her own employment, and shall serve as advisor to the Board and its
committees in all matters affecting the District. The Board and its members,
individually, shall promptly refer all criticisms, complaints and suggestions called
to its/their attention to the Superintendent for study, disposition, or
recommendation as is appropriate.
C. The Superintendent shall be responsible for the total day-to-day administration of
the District subject to officially adopted policies of the Board. All official contacts
between Board Members and the staff of the District shall be through the
Superintendent exclusively. Nothing in this section shall preclude the right of the
Board members to exercise their responsibilities as individuals in the areas of
monitoring District operations, conducting oversight activities, or visiting schools,
as set forth in Board Policy or directed by the Board.
d. The Superintendent agrees to devote his full time attention, energies, skills and
labor to his employment as District Superintendent during the term of this
Agreement provided, however, that he/she may undertake consultative work,
speaking engagements, publication, lecturing, adjunct teaching or other
professional services provided the Board is informed and does not direct him to
discontinue such activities. The Board President shall approve any presentation
materials, articles, or written opinions of the Superintendent prior to their
publication.
C. The duties of the Superintendent require his participation in professional
associations and presence at numerous meetings, conventions and conferences in
order to maintain awareness of current issues programs and information. The
Superintendent's attendance at seminars, workshops, in-service programs, school
activities and graduate education programs is necessary to maintain the knowledge
and skills of his position. The District considers the expenses involved in such
activities, including dues in at least three professional associations, to be directly to
the Superintendent's duties and appropriate for reimbursement. Expense
reimbursement for such activities shall be provided in accordance with District
policy and procedures.
5. On November 24, 2003, prior to Como being appointed as Superintendent, the CASD
adopted policies/procedures, known as the Local Board Procedures, to assist in facilitating
in the day-to-day operations of the CASD.
Como, 14-074
Page 4
a. Included in Section 300: Administrative Employees, Subsection 302, Employment
of Superintendent/Assistant Superintendent, the Superintendent has the primary
responsibility and authority for the administration of the CASD.
6. As the Superintendent of the CASD, Como was directly involved in all aspects and
operations of the CASD that included overseeing finances and the ultimate decision
making on all personnel matters.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT COMO
AUTHORIZED PROMOTIONSMAY INCREASES FOR HIS SON, MATTHEW COMO,
AS AN EMPLOYEE OF THE CASD.
7. Como, as the Superintendent of the CASD, was directly responsible for all aspects of the
CASD operations, which included overseeing all financial and personnel matters.
a. Como possessed the authority to make recommendations as to the hiring of
employees of the CASD.
b. The CASD operates approximately twelve public schools and maintains various
offices and administrative buildings and grounds.
S. The procedures for hiring administrative personnel related to Board Member,
administrative or management level employee of the CASD are outlined in Local Board
Procedures, Section 300: Administrative Employees, including Section 303.1:
Nepotism/Cronyism, which provides guidelines and limitations on the hiring of friends and
family of Board Members and officials of the CASD, and includes the following language:
a. The hiring of a school district employee that is a close friend, or is closely related
to, a Member of the Board, a commissioned officer, an instructional employee,
management level employee, or classified employee, justifiably may arouse public
reaction that the employee was hired on the basis of relationships and familiarity
with the school district rather than on merit. Nepotism and cronyism, or appearance
thereof, can degrade staff morale, can arouse public distrust, and is an obstacle to
teamwork, effectiveness and quality performance. It is the intent and purpose of
this policy to prevent nepotism and cronyism by:
1. Discouraging any possible favoritism.
2. Minimizing internal disciplinary problems that may evolve.
3. Restricting the formation of personal cliques.
b. No Member of the Board shall vote for the election of any close relative of that
Board Member to any employment position in the district.
1. Relative shall mean a parent, legal guardian, foster parent, parent. -in-law,
child, spouse, brother, foster brother, sister, foster sister, grandparent,
Como, 14-074
Page 5
grandchild, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or
any relative in the immediate household.
9. Pedro Quinones, Jr. ("Quinones") was employed with the CASD in various capacities from
1975 until 2011, spanning approximately 36 years.
a. From 2005 until on or around June 30, 2011, Quinones held the position of Manager
of Custodial and Grounds.
b. Quinones' direct supervisor was Robert Foley ("Foley"), CASD Facilities Director.
l . Foley reported directly to Como.
10. As the Manager of Custodial and Grounds, Quinones worked during daylight hours, as he
was required to be present during school hours in order to respond to the needs of the
Principals and administrators.
a. Quinones supervised approximately 70 custodians responsible for custodial
services for the CASD schools/buildings.
b. The custodians that Quinones supervised mainly performed custodial services
during the evening/night after school hours.
C. In order to properly supervise the night custodians, Quinones frequently returned
to the CASD during the evening hours to supervise staff.
d. Quinones would routinely be present at CASD facilities between approximately 60
to 70 hours a week.
1. Quinones' compensation was based on salary, as such he did not receive
any overtime compensation when he may have worked in excess of forty
hours a week.
11. Beginning in or around 2005 and continuing into 2008, Quinones requested to both Foley
and Como that a Night Custodial Supervisor position be created for the CASD.
a. A Night Custodial Supervisor for the CASD had been vacant for a number of years,
b. Quinones sought the Night Custodial Supervisor to assist in the management of
staff who worked evening hours.
12. 1n or around June 2008, authorization was given by the CASD through Como to fill the
position.
a. There was no record of a vote by the CASD Board authorizing the hiring of a Night
Custodial Supervisor.
Como, 14-074
Page 6
13. The CASD advertised in local newspapers on or around June 2, 2008, for the position of
Night Custodial Supervisor.
a. The posted deadline for the submission of applications was June 16, 2008.
b. The vacancy announcement stated a salary range of $50,000.00 - $55,000.00
annually, with stated hours of work as 2:30 p.m. to 11:00 p.m.
The vacancy announcement for the Night Custodial Supervisor identified the
following:
Successful person will work under the direction of the Manager of
Custodial/Grounds department for the evening custodial crew.
Develop training programs, preventive maintenance programs for
all equipment. Person should have 3-5 years experience in custodial
supervision, Right to Know, managerial skills. Flexibility, ability to
change pace quickly, handle emergencies, manage discipline,
motivate & inspect sites daily. Supply inventory. Person must be
hard working, organized, a team player, ability to self manage,
increase productivity & effectiveness of staff. A high school
diploma, PA Driver's License is required also able to lift or move
up to 75 lbs. Knowledge of custodial chemicals, equipment &
custodial applications.
14. The position of Night Custodial Supervisor was readvertised on July 31, 2008.
a. The job classification, qualifications, and salary range were not altered.
b. The deadline for submitting applications was August 14, 2008.
C. The position was advertised with the Pennsylvania State School Board Association,
along with local newspapers in Chester and Lancaster Counties,
15. The Night Custodial Supervisor job duties included supervising and coordinating the
activities of all custodians district -wide, working the evening shift (2:30 p.m. to 11:00 p.m.)
in cooperation with, and under the overall supervision of, the Manager of Custodial and
Grounds.
16. The essential duties and responsibilities of the Night Custodial Supervisor were as follows:
a. Supervise daily, all custodial operations;
b. Manage inventory of custodial supplies;
Assure compliance with CASD workplace safety policies;
Como, 14-074
Page 7
d. Assure compliance with "Right to Know" regulations;
e. Direct CASD preventive maintenance programs;
f. Manage custodial supply procurement from CASD supplies and regulate inventory;
g. Evaluate custodian performance to coordinate with the manager on review
generation;
h. Effectively integrate with building administrators to assure that workflow is
maximized;
i. Responsible for participating in the Facilities Department "Manager on Call"
rotation (one week per month);
j. Supervise performance and evaluate substitute custodial staff;
k. Oversee custodial training per the direction of the manager;
1. Attend department meetings as requested; and
M. Perform other duties at the direction of the Manager of Custodial and Grounds.
17. In or around September 2008, Quinones, as the Manager of Custodial and Grounds, began
the review of numerous applicants for the position of Night Custodial Supervisor.
a. As the Manager of Custodial and Grounds, Quinones was primarily responsible for
the selection of the interviewees for the Night Custodial Supervisor position.
b. Of the multiple applicants who applied for the position, Quinones interviewed five
applicants/candidates.
1. Of the applicants interviewed, two were current employees of the CASD
and three were not current CASD employees.
2. Following the interview process, Quinones selected his top applicant, who
was not a current CASD employee.
C. None of the applicants interviewed by Quinones, including the person Quinones
identified as the top applicant, were a friend or relative of any CASD elected
official, administrator or manager.
18. Matthew Como is the son of Como.
Como, 14-074
Page 8
a. Matthew Como is an immediate family member of Como as that term is defined by
the Ethics Act, 65 Pa.C.S. § 1102.
19. On or around December 16, 2008, Matthew Como submitted an application for
employment with the CASD, seeking a position in the Maintenance Department and
identifying a start date/date of availability as July 1, 2009.
a. In a statement provided to State Ethics Commission Investigators, Matthew Como
purported that his application of December 16, 2008, was in response to the vacancy
announcement for the position of Night Custodial Supervisor.
l . The closing date for the submission of applications was August 14, 2008.
b. The permanent address and telephone number Matthew Como listed on the
application for employment with the CASD were the home address and telephone
number for Como.
1. On or around December 16, 2008, Matthew Como was living and working
in Orlando, Florida.
Matthew Como's application was submitted at least four months (124 days) after
the advertised deadline for submitting resumes.
20. As part of the application and interview process for Night Custodial Supervisor, Quinones
never reviewed or even saw Matthew Como's job application.
a. Quinones never met or interviewed Matthew Como.
b. Quinones was responsible for reviewing the applications and conducting interviews
of applicants.
21. By December 2008, Quinones was prepared to contact and offer employment to the
individual he had selected as the successful applicant for the position of Night Custodial
Supervisor.
a. Quinones was not considering Matthew Como.
22. Prior to making an offer of employment to the successful applicant for the Night Custodial
Supervisor position, Quinones was contacted by Foley.
a. Foley was directed by Como to instruct Quinones to delay contacting the successful
applicant and to not proceed with filling the position of Night Custodial Supervisor,
23. At the time that Quinones received instructions from Foley, it was common knowledge
among the staff/employees of the CASD that as CASD Superintendent, Como routinely
hired associates of people he knew.
Como, 14-074
Page 9
a. Como arranged for the hiring of family members of CASD Board Member Tonya
Taylor, including her husband, niece, and nephew.
b. Quinones believed that Como was going to direct the hiring of someone Como
either knew or was related to.
24. In or around March or April 2009, Quinones was contacted by Como and was directed to
report to Como's office.
a. Como advised Quinones that Como was going to hire Matthew Como for the
position of Night Custodial Supervisor.
1. Como asked Quinones if he had any objection to the hiring of Como's son.
Quinones responded "no," however, "Matthew Como might have a problem
working for [Quinones]."
b. Quinones did not officially object to the hiring of Matthew Como out of fear of
retaliation either directly or indirectly by Como.
25. Quinones never interviewed, recommended, nor considered Matthew Como for the Night
Custodial Supervisor position.
a. The only CASD official involved in the hiring of Matthew Como was his father,
Richard Como.
26. On or before April 28, 2009, the CASD Board, along with Como and CASD Solicitor
.lames Ellison, engaged in an executive session.
a. Como, as the CASD Superintendent, routinely participated in executive sessions
with the CASD Board and Solicitor Ellison prior to CASD Board meetings.
b. The CASD Board executive sessions normally occurred before a regularly
scheduled CASD Board meeting and would include discussions concerning issues
that the CASD Board would subsequently be voting on at the following public
meeting.
C. Como recommended to the CASD Board that his son, Matthew Como, be hired for
the Night Custodial Supervisor position.
d. Como advised the CASD Board that his son was the most qualified applicant for
the position.
1. Como never interviewed nor reviewed the qualifications of any other
applicant.
Como, 14-074
Page 10
27. Como never disclosed to the CASD Board that Matthew Como did not submit a timely
application for the position of Night Custodial Supervisor or that Quinones had not
interviewed Matthew Como.
a. Como concealed from the CASD Board that CASD staff had recommended and
interviewed other candidates who were more qualified than Matthew Como for the
position.
b. At the time Como advised the CASD Board that his son was the most qualified
applicant, he had not seen any of the other candidates' applications nor interviewed
any other applicant.
28. At the CASD Board meeting on April 28, 2009, the CASD Board approved the hiring of
Matthew Como as the Night Custodial Supervisor, at a salary of $50,000.00 annually,
effective July 1, 2009.
a. The CASD Board's hiring of Matthew Como was based solely on the
recommendation of Como.
29. Act 93 of 1984 amended the Pennsylvania Public School Code to include providing a
compensation plan for school administrators, who are referred to as Act 93 Certified
Employees.
a. Individuals who are classified as Act 93 Certified Employees are Principals and/or
Administrators.
30. Those employees who are not Principals, Administrators or Professionals in a school
district are referred to as Non -Certified Supervisors.
a. The position of Night Custodial Supervisor, for which Matthew Como was hired
effective July 1, 2009, was identified as a Non -Certified Supervisor.
31. On or around May 27, 2008, the CASD Board approved the compensation and fringe
benefits related to Act 93 Non -Certified Supervisors for the period of July 1, 2008, through
June 30, 2011.
32. As part of the CASD Non -Certified Supervisors' Salary Agreement approved for CASD
Non -Certified Supervisors for July 1, 2008, through June 30, 2011, the following salary
increases were specified as part of the Salary Agreement:
Years Salary Increase
2008-2009 4.45%
2009-2010 4.45%
2010-2011 4.45%
Como, 14-074
Page 11
a. All employees who received a satisfactory performance evaluation rating during
the applicable years would receive a salary increase.
33. The only salary increases authorized for CASD Non -Certified Supervisors between 2008
through 2011 were those increases approved by the CASD Board as part of the CASD Non -
Certified Supervisors' Salary Agreement approved in 2008.
34. Matthew Como's salary as the Night Custodial Supervisor effective July 1, 2010, one year
after his hiring, increased to $59,537.00.
a. Based on Matthew Como's salary effective July 1, 2009 ($50,000.00), and in
consideration of a 4.45% increase scheduled to be effective July 1, 2010, as part of
the CASD Non -Certified Supervisors' Salary Agreement, Matthew Como's salary
should have increased $2,225.00 to $52,225.00.
b. Matthew Como's salary increased $7,312.00 more than it would have increased
under the CASD Non -Certified Supervisors' Salary Agreement adopted by the
CASD.
C. The additional salary increase for Matthew Como was not approved by the CASD
Board.
35. Como, as the CASD Superintendent, authorized the additional $7,312.00 increase in salary
for Matthew Como, as the Night Custodial Supervisor, such that Matthew Como's salary
totaled $59,537.00 effective July 1, 2010.
a. Como was solely responsible for the additional compensation given to Matthew
Como.
b. CASD Board Members did not approve or otherwise ratify the additional salary
increase given to Matthew Como.
C. Matthew Como was not eligible for any increase in salary for any other reason,
other than that of being the son and immediate family member of Como.
36. On or around April 8, 2011, Quinones provided a letter to the CASD, disclosing his
retirement as the CASD Manager of Custodial and Grounds effective June 30, 2011.
a. At the CASD Board meeting on May 24, 2011, the CASD Board accepted
Quinones' retirement.
37. On or around June 7, 2011, Quinones, along with Foley, conducted an Employee
Performance Review for Matthew Como.
a. Matthew Como's job title on the performance review was listed as Supervisor of
Custodial, and the date of the review was June 7, 2011.
Como, 14-074
Page 12
b. Matthew Como's overall evaluation was "meets expectations."
C. Performance Improvement Goals: Matt will continue to develop in the job in 2011-
12 school year he will need to develop stronger personnel skills as he assumes a
larger role. Target Date for Completion: 1/2/2012.
d. The evaluation was signed by Matthew Como, along with Foley and Quinones, and
dated June 7, 2011.
38. As a result of Quinones' retirement, the position of Manager of Custodial and Grounds
became vacant, which required CASD Board action to be filled.
39. After Quinones announced his retirement from the CASD, no vacancy announcement was
posted nor were any interviews conducted to fill the position of Manager of Custodial and
Grounds.
a. The CASD Board never appointed anyone to fill Quinones' position after his
retirement.
40. Minutes of the CASD Board meeting of June 28, 2011, reflect that the CASD Board
approved a motion authorizing the Superintendent to hire any required and budgeted
employees, and to accept resignations prior to CASD Board approval for the period
between June 28, 2011, and September 27, 2011. Such actions were to be ratified at the
next subsequent meeting.
a. The CASD Board approved the motion as outlined above, due to the CASD Board
not meeting during summer months and a need for a continuation of employment
determinations.
b. This was a motion approved annually by the CASD Board.
c. It was the responsibility of Como, as Superintendent, to ensure that hirings were
placed on the agenda for CASD Board approval at the meeting.
41. On or around July 1, 2011, three days after the CASD Board approved the motion giving
Como the authority to approve hirings during the summer months, he promoted Matthew
Como to the position of CASD Manager of Custodial and Grounds and increased Matthew
Como's salary to $78,000,00 a year.
a. Como promoted his son and increased his salary without advising or
seeking/acquiring the approval of the CASD Board.
b. No interviews were conducted to fill the position of Manager of Custodial and
Grounds.
Como, 14-074
Page 13
C. The only individual Como considered for the position was his son.
42. Minutes of the CASD Board meetings of August 23, 2011, and September 28, 2011, reflect
numerous change of positions, hires, and resignations that were approved by the CASD
Board.
a. The agendas of the CASD Board meetings of August 23, 2011 and September 28,
2011, do not contain any reference or notification regarding the position of Manager
of Custodial and Grounds and/or the approval of Como's promotion of Matthew
Como.
b. No action was ever approved or ratified by the CASD Board concerning the
promotion of Matthew Como as the Manager of Custodial and Grounds, nor an
increase in his salary to $78,000.00 per year.
43. The CASD Board was never advised by Como that he had promoted Matthew Como and/or
that Matthew Como's salary had been increased.
a. Como concealed from the CASD Board that he had promoted his son and
authorized an increase in wage/salary.
44. At the CASD Board meeting of June 28, 2011, the CASD Board approved the extension
of the current agreement affecting the Act 93 Non -Certified Group, approved in 2008, for
one year with no increase in salaries for the 2011-2012 school year.
a. The CASD was experiencing financial problems such that the CASD Board
directed that no salaries were to be increased for any administrators and/or
supervisors regardless of whether the position was Certified or Non -Certified.
45. Effective July 1, 2011, Matthew Como's salary for the position of Manager of Custodial
and Grounds was $78,000,00 a year as a result of actions taken by Como.
46. As a result of the actions taken in or around July 2011 by Como in his capacity as the
CASD Superintendent, Matthew Como was promoted and his salary was increased a total
of $25,775.00 from 2010 until 2011, without authorization or approval by the CASD
Board.
47. At the CASD Board meeting of April 23, 2012, the CASD Board approved the extension
of the Compensation and Related Benefits Agreements with Act 93 Certified
Administrators and Non -Certified Supervisors from July 1, 2011, through June 30, 2015,
as follows:
Years Percentage of Increase
2011-2012 0.00%
2012-2013 4.45%
2013-2014 4.45%
Como, 14-074
Page 14
2014-2015 4.45%
48. Matthew Como's salary with the CASD effective July 1, 2012, increased from $78,000.00
to $83,200.00 a year, a 6.6% increase in salary.
a. This was 2.15% ($1,929.00) more than. the 4.45% ($3,471.00) authorized by the
CASD Board on April 23, 2012.
b. The additional 2.15% pay increase for Matthew Como was authorized by Como.
49. Matthew Como's salary was increased as a result of Como using his position as the CASD
Superintendent to hire and then promote Matthew Como to the position of Manager of
Custodial and Grounds, at a time when such action was never approved by the CASD Board
and was completed absent the CASD Board's knowledge.
50. Matthew Como's W-2 Wage and Tax Statements from the CASD confirm yearly earnings
as follows as a result of Como's actions as Superintendent, including hiring, promoting and
authorizing pay increases:
Year Amount
2009
$24,645.46
2010
$50,428.88
2011
$66,624.92
2012
$76,359.35
2013
$84,184,20
2014
$88,094.04
51. The following chart compares the compensation that Matthew Como was approved by the
CASD Board to receive to that which was actually received as a result of actions taken by
Como absent approval and ratification by the CASD Board:
Total Annual Salary
Annual Salary of Matthew Como as a
Year
Authorized by
Result of Use of Office by Richard
Private Pecuniary Gain
CASD Board
Como
2009
$50,000.00
N/A
N/A
2010
$52,225.00
$59,537.00
$7,312.00
2011
$52,225.00
$78,000.00
$25,775.00
2012
$54,549.01
$83,200.00
$28,650.99
2013
$56,976.44
$88,608.00
$31,631.56
Total
$93,369.55
a.
Matthew Como
received a total pecuniary benefit
of $93,369.55 by way of
unauthorized compensation as a result of Como's use of his position as the CASD
Superintendent.
THE FOLLOWING FINDINGS RELATE TO RICHARD COMO'S SALE OF A
GENERATOR TO THE CASD.
Como, 14-074
Page 15
52. In or around 2011, Como initiated renovations to his home/residence located in the
Coatesville area, which included the construction of an addition.
53. The primary contractor employed by Como for this project was Dana Beach d/b/a DT
Beach General Contracting ("Beach").
54, Beach utilized subcontractors, including John Marback ("Marback"), as part of the
renovation project at Como's residence.
a. Marback is an electrician by profession and has been serving as a contractor for
approximately 25 years.
55. During the course of the work being performed at his residence, Como utilized CASD
employee Rebecca Layfield ("Layfield") to assist him by coordinating with the
contractor/subcontractors.
a. Layfield has been employed with the CASD in different capacities for
approximately 40 years.
b. Layfield has known Como for a number of years and agreed to assist him in
communicating with the contractors.
56. During the course of the renovations to Como's private residence, Layfield discussed with
Beach and Marback the installation of a backup generator.
a. Layfield and Como discussed the installation of a generator that would supply
emergency electrical power for one floor, to include supplying Como's television
and computer with ample power.
b. Marback suggested to Layfield that a 14 kilowatts generator would suffice for the
emergency needs.
C. Marback referred Layfield to a website, Electric Generators Direct, that specializes
in generator sales.
1. As a practice, Marback did not purchase generators for any customers
because in the event the customer declined, Marback would then be unable
to return/resell the generator.
57. A generator was purchased from Electric Generators Direct by Layfield on behalf of Como
to be installed at Como's residence.
Date of Purchase Product Model Price Final Price with Discount
12/1/2011 Generac Guardian Series 5872 - 5872 $3,374.99 $3,307.49
14kW Essential Stanby G
Como, 14-074
Page 16
- Lift Gate Service: Yes, I'll Need A Lift Gate (+$50.00)
- Battery: Add 12V Start Battery (+$99.00)
a. The equipment was purchased on December 1, 2011, at 2:49 p.m.
b. The email contact on the invoice was listed as Layfield's e-mail address at the
CASD.
C. The billing telephone number was listed as the home telephone number of Como.
58. Sometime after December 1, 2011, the generator was delivered to Como's residence.
a. Como was not home when the generator was delivered and installed.
b. The generator was installed at Como's house in or around January 2012.
59. After the generator was installed and test operated, Como inquired of Marback whether the
generator had the capacity to heat his entire home.
a. Marback advised Como that to heat his entire home, Como would need a generator
capable of producing at least 20 kilowatts.
60. Como wanted a larger generator to heat his home, and he undertook efforts to locate
someone who would purchase the 14 kilowatts generator previously purchased by Layfield
on his behalf.
a. Beach, Marback, and Como's neighbors were all asked by Como if they had any
interest in purchasing the generator, but all declined.
b. Beach advised Como and Layfield that if he was given a few weeks, Beach would
locate an individual to purchase the generator.
C. Efforts to find someone to purchase the generator by Como and Layfield were
unsuccessful.
d. Como did not want to wait for Beach to find someone to purchase the generator.
61. In or around the middle of January 2012, Como, as the CASD Superintendent, arranged a
meeting with CASD employees Ken Lupold ("Lupold"), Business Manager; Foley,
Facilities Director; and Keith Davis, Energy Manager.
62. As a result of the meeting, Lupold took steps for the CASD to purchase Como's generator.
63. In order for the CASD to make a purchase and then issue payment to a vendor, a Purchase
Order is necessary.
Como, 14-074
Page 17
a. In accordance with the CASD Local Procedure, Section 600, Subsection 616, all
purchases over $100.00 are required to be approved by the CASD Board.
64. Subsequent to the meeting with Como where the sale of Como's generator to the CASD
was discussed, Lupold directed CASD Comptroller Paul Rose ("Rose") to prepare a
Purchase Order with the description of the purchase as "Electric Generator."
65. Purchase Order No. 12002840, dated January 17, 2012, listed the vendor as "D T Beach"
and stated the generator was to be shipped to the Administration Building for the CASD,
545 East Lincoln Highway, Coatesville, PA 19320.
66. The official description, as contained within the Purchase Order created by Rose, was based
on information given by Lupold.
67. On or around January 17, 2012, Layfield informed Beach that Como had arranged for the
CASD to purchase Como's generator.
68. On the same day of CASD Purchase Order No. 12002840, dated January 17, 2012, CASD
Check No. 1028, drawn from the CASD Capital Reserve Fund held at Citizens Bank, was
issued to D T Beach in the amount of $3,000.00.
69. On January 18, 2012, in or around 3.25 p.m,, Beach met with Layfield at the PNC Bank
Branch at Thorndale, Pennsylvania.
70. While at the PNC Bank, Layfield handed CASD Check No. 1028 to Beach and directed
Beach to endorse the check and make it payable to Como.
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT RICHARD COMO
RECEIVIED UNAUTHORIZED EXPENSE REIMBURSEMENTS.
71. Como routinely submitted expenses for mileage, tickets to sporting events and meals to the
CASD business office for reimbursement.
a. Lupold, the Business Manager and subordinate employee of Como, authorized the
payments to Como.
b. The CASD would later ratify the payments.
72. The requests for reimbursement of expenses submitted by Como included, but were not
limited to, mileage for attending weddings, funerals, golf outings and football scrimmages,
purchase of tickets for sporting events, and mileage for attending dinners hosted by CASD
Solicitor Ellison.
73. When seeking expense payment from the CASD, Como certified that the expenses incurred
were necessary to the performance of his official duties.
Como, 14-074
Page 18
74. The CASD Policy No. 331 for Administrative Employees adopted on June 28, 1990, titled
"Job Related Expenses" provides guidelines for employee reimbursements.
a. Expenses claimed by Como would be covered by this policy.
75. The purpose and guidelines for the expenses are as follows:
a. Payment of the actual expenses and necessary expenses, including traveling
expenses, of any administrator of the district that are incurred in the course of
performing services for the district whether within or outside the district, shall be
reimbursed in accordance with this policy.
b. The validity of payments for job related expenses shall be determined by the
Superintendent or designee.
C. In any instance where mileage is paid for use of an employee's personal car for
authorized school business, it will be paid at the rate of the current Internal Revenue
Service business mileage reimbursement allowance.
d. Each request for reimbursement of travel and job -related expenses shall reasonably
detail the reason for the expenditure and a full itemization of expenditures shall be
required.
76. Como's employment contract with the CASD references the CASD's policy regarding
expense reimbursement and provides that he shall be reimbursed for expenses in
accordance with CASD policy and procedures. Como's contract provided as follows:
a. The duties of the Superintendent require his participation in professional
associations and presence at numerous meetings, conventions and conferences in
order to maintain awareness of current issues programs and information. The
Superintendent's attendance at seminars, workshops, in-service programs, school
activities and graduate education programs is necessary to maintain the knowledge
and skills of his position. The District considers the expenses involved in such
activities, including dues in at least three professional associations, to be directly to
the Superintendent's duties and appropriate for reimbursement. Expense
reimbursement for such activities shall be provided in accordance with District
policy and procedures.
77. Some of Como's expense reimbursements became the subject of review in 2014 by a
Chester County grand jury.
78. The grand jury referenced the following expenses claimed by Como as items for which he
should not have been reimbursed.
a. Dinner/meal expenses for coaches:
Como, 14-074
Page 19
Purchase Date of Purchase
Date
Amount
Reason
Order No.
Order
5/8/2010
$177.16
Dinner for Track coaches
10007157
5/20/2010
5/13/2011
$156.90
District One Dinner- coaches
11006796
6/7/2011
2/25/2012
$23.48
Breakfast/Wrestling Coaches
12003451
3/1/2012
4/14/2012
$94.10
Track c@i Wilson High School
12003948
4/19/2012
5/5/2012
$156.90
Dinner- Coaches Penn Relays
12004153
5/10/2012
$608.54
b.
Mileage, otherwise reimbursable:
Purchase
Date of Purchase
Date
Amount
Reason
Order No.
Order
12/27/2010
$4.33
Basketball Holiday Torn. Home
11004396
1/6/2011
12/17/2011
$62.57
Mileage to Hershey Arena
12002669
1/5/2012
3/17/2012
$34.13
Mileage, Norristown Basketball
12003676
3/21/2012
Game
12/8/2012
$4.68
Mcistersingers concert, mileage
13002390
12/12/2012
12/8/2012
$4.68
Mcistersingers concert, mileage
13002560
1/3/2013
12/I5/2012
$63.17
Football game in Hershey
13002560
1/3/2013
$173.56
C.
Mileage, non-CASD related activities:
Purchase
Date of Purchase
Date
Amount
Reason
Order No.
Order
6/14/2010
$10.96
Retirement Golf Outing
10007850
6/23/2010
Scoogie Smith, Thorndale
Ingleside Golf Course, 21.92 miles
4/7/2011
$19.58
Desmond Hotel Bob Knecht, 38.4
11006028
4/7/2011
Miles
9/7/2011
$50.35
Benner -Thom Jeff Hosp. -Benner
12001303
9/9/2011
90.72 miles
10/5/2012
$17.63
Great Valley Hall of Fame Meeting
13001706
10/4/2012
31.64 miles
3/22/2013
$5.80
GOP Fund Raiser Thorndale Inn
13004364
3/21/2013
10.26 miles
5/21/2013
$2.45
West Brandywine Twp. Elections
13004245
5/30/2013
4.34 Miles
$106.77
d.
Mileage for football scrimmages:
Purchase
Date of Purchase
Date
Amount
Reason
Order No.
Order
8/21/2010
$35.23
Cheltenham Football
11001773
8/27/2010
Como, 14-074
Page 20
70.46 miles
8/27/2010
$38.16
North Penn Football Scrimmage
11001773
8/27/2010
76.32 Miles
8/28/2010
$43.76
Ridley Football scrimmage
11001773
8/27/2010
87.52 miles
8/20/2011
$48.09
Emmaus High Sch. Scrimmage
12001054
8/17/2011
87.44 Miles
8/26/2011
$48.13
Cheltenham H.S. Football
12001102
8/25/2011
Scrimmage, 87.5 Miles
8/27/2011
$33.83
McCaskey H.S. Football
12001102
8/25/2011
Scrimmage„ 61.50 Miles
$247.20
C.
Purchase of tickets for sporting events:
Purchase
Date of Purchase
Date
Amount
Reason
Order No.
Order
9/1/2011
$33.83
McCaskey High School - Tickets
12001176
8/31/2011
61.50 miles
9/16/2011
$19.56
Chester High School - Tickets
12001373
9/15/2011
35.56 Miles
10/27/2011
$7.15
Downingtown West - Tickets
12001928
10/27/2011
11/412011
$21.84
Avon Grove High School Tickets
12002009
11/3/2011
12/212011
$37.23
Plymouth Whitemarsh Pick up
12002323
12/1/2011
tickets, 67.08 Miles
12/8/2011
$39.65
Lancaster Catholic - tickets
12002417
12/8/2011
71.44 miles
3/16/2012
$17.64
King of Prussia District 1
12003631
3/14/2012
pick up tickets
5/17/2012
$17.64
Pick up tickets District 1
12004198
5/17/2012
in KOP
8/31/2012
$63.00
William Penn High School
13001339
9/5/2012
Tickets, 113.52 miles
11/9/2012
$35.28
Villanova Tickets wk end 11/9/12
13002039
11/8/2012
63.56 miles
11/16/2012
$35.28
Villanova playoff Tickets
I3002096
11/14/2012
wk end 11/16/12, 63.56 miles
12/3/2012
$37.98
Lower Merion H.S. PIAA
13002325
12/6/2012
Ticket pick up, 68.44 miles
12/8/2012
$63.17
Hershey to pick up Football
13002390
12/12/2012
tickets, 113.82 miles
12/13/2012
$63.17
Hershey to pick up Football
13002560
1/3/2013
tickets, 113.82 miles
3/19/2013
$38.80
Pick up tickets @ Lower Merion
13003464
3/21/2013
68.68 Miles
Como, 14-074
Page 21
3/22/2013 $38.80 Ticker pickup Lower Merion 13003464 3/21/2013
68.68 Miles
$570.02
f. Mileage reimbursements for dinner parties hosted by Solicitor Ellison:
Purchase Date of Purchase
Date
Amount
Reason
Order No.
Order
3/15/2010
$10.66
Board Dinner - Duling Kurtz
10006358
4/8/2010
21.32 Miles
1/19/2011
$11.54
Board Dinner - Duling Kurtz
11004786
1/31/2011
22.62 Miles
1/31/2012
$11.16
Duling Kurtz Restaurant-
12003061
2/2/2012
Board Dinner, 20.1 Miles
1/31/2013
$12.20
Board Dinner Duling Kurtz
13002887
1/31/2013
21.6 miles
$45.56
THE FOLLOWING FINDINGS RELATE TO COMO USING CASD FUNDS TO
PURCHASE RINGSIJEWELRY AND CONVERTING THEM TO PRIVATE USE.
79. In the fall of 2012, the CASD High School Football Team participated in the State High
School Championship Game.
a. Subsequent to the State High School Championship Game, Como decided, absent
approval, authorization or direction from the CASD Board, to utilize CASD funds
to purchase commemorative football rings for the football team.
b. As the CASD Superintendent, Como also decided to purchase commemorative
football rings for school administrators, including himself.
80. Como negotiated the purchase of 87 commemorative football rings and three pendants
from Jostens, Inc. ("Jostens") totaling $31,394.10.
a. The cost of each ring was $350.39.
b. The cost of each pendant was $303.39.
81. In an effort to reduce the price for the rings and pendants from Jostens, in or around March
2013, Como entered into an agreement with a Jostens representative that Jostens would be
the exclusive provider of caps, gowns, diplomas and graduation stationary to the CASD.
a. Como did not seek authorization or ratification from the CASD Board as to his
negotiations with Jostens in violation of CASD policy.
Como, 14-074
Page 22
82. As a result of Como's negotiations with Jostens, Como was able to obtain a reduced price
for the rings and pendants, for a total purchase price of $19,935.00.
a. The renegotiated price/purchase included eighty-six rings at $225.00 each and three
pendants at $195.00 each.
83. Como, as the CASD Superintendent, directed the issuance of two checks to Jostens from
the account of the CASD as partial payment for the rings and pendants.
84 Following the resignation of Como, the CASD ceased payment of any further monies to
Jostens concerning the purchase of the rings/pendants.
a. An unpaid balance of $8,865.75 is owed to Jostens by the CASD regarding the
purchase of the rings/pendants.
85. Of the rings and pendants purchased, Como distributed twenty-five of the rings and all
three pendants to CASD Administrators/staff.
a. Of those Administrators/staff who received a ring or pendant, eighteen have either
reimbursed the CASD for the cost of the ring/pendant or have returned the item to
the CASD.
86. On or around January 27, 2015, Como reimbursed the CASD $225.00 in cash for the cost
of the ring retained by himself.
a. Como reimbursed the CASD approximately one month after Como was criminally
charged by the Chester County District Attorney's Office for various criminal
offenses, including diversion of CASD funds for football rings.
b. Layfield additionally reimbursed the CASD for the purchase price of the pendant
given to her by Como.
IIr. DISCUSSION:
As the Superintendent of the Coatesville Area School District ("CASD") from November
4, 2005, until September 2, 2013, Respondent Richard Como ("Como") was a public
official/public employee subject to the provisions of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et sec,.
The allegations are that Como violated Sections 1103(a) and 1103(f) of the Ethics Act
when he utilized the authority of his public employment to promote and/or otherwise further a
pecuniary benefit to himself, and/or a member of his immediate family, namely his son, Matthew
Como:
Como, 14-074
Page 23
(1) When he authorized and/or otherwise directed salary increases/promotions
regarding his son's hiring and continued employment with the CASD, resulting in
substantial pay increases;
(2) When he directed and/or otherwise authorized the purchase of an electrical
generator by the CASD from himself, through a straw man/third parry, and when
same was done absent an open and public process;
(3) When he sought reimbursement from the CASD for expenses for which he was not
eligible for reimbursement; and
(4) When he utilized CASD funds to purchase rings/jewelry and converted same to his
private use.
Per the Consent Agreement, the Investigative Division has exercised its prosecutorial
discretion to nolle pros the allegation in paragraph number 2 above regarding the CASD's
purchase of an electrical generator as well as the allegation in paragraph number 3 above regarding
Como's expense reimbursements. We therefore need not address those allegations.
Pursuant to Section H03(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. § I103(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.
Como, 14-074
Page 24
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. A son is a member of
"immediate family" as the Ethics Act defines that term. See, 65 Pa.C.S. § 1102.
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.
Como served as the Superintendent of the CASD from November 4, 2005, until September
2, 2013, when he retired from his employment with the CASD. Como retired after it was
discovered that he and the CASD Athletic Director had exchanged racist text messages on their
CASD-provided cellular telephones.
The CASD is located in Chester County, Pennsylvania. The CASD is governed by a nine -
Member Board of School Directors ("CASD Board").
As the Superintendent of the CASD, Como was responsible for the day-to-day
administration of the CASD subject to officially adopted policies of the CASD Board. Como
oversaw all financial and personnel matters and had the authority to make recommendations to the
CASD Board with respect to the hiring of CASD employees.
The CASD operates approximately twelve public schools and maintains various offices
and administrative buildings and grounds. In 2005, Pedro Quinones, Jr. ("Quinones") began
employment with the CASD in the position of Manager of Custodial and Grounds. Quinones
supervised approximately 70 custodians responsible for custodial services for the CASD
schools buildings, and he worked during daylight hours because he was required to be present
during school hours in order to respond to the needs of the CASD principals and administrators.
The custodians supervised by Quinones mainly performed custodial services during the evening,
and Quinones frequently returned to the CASD during evening hours to supervise custodial staff.
After Quinones requested that a vacant Night Custodial Supervisor position be filled to
assist in the management of custodial staff who worked evening hours, Como gave authorization
in or around June 2008 to fill the position. The job advertisement placed in local newspapers by
the CASD listed a starting salary range of $50,000.00 to $55,000.00 and work hours of 2:30 p.m.
to 11:00 p.m. for the Night Custodial Supervisor position. The deadline for submitting applications
for the position was August 14, 2008. Quinones, who was responsible for reviewing the
applications received and conducting interviews for the position, began reviewing the applications
in September 2008, and he ultimately interviewed five applicants.
Como, 14-074
Page 25
Matthew Como is Como's son. On or around December 16, 2008, Matthew Como, who
was living and working in Orlando, Florida, submitted an application for employment to the
CASD. Matthew Como sought a position in the Maintenance Department, and he identified a start
date/date of availability of July 1, 2009.
Quinones never saw Matthew Como's job application or interviewed him for the position
of Night Custodial Supervisor. By December 2008, Quinones was prepared to offer employment
to the individual who he had selected as the successful applicant for the position. However, before
Quinones could make an offer of employment to the successful applicant, Como directed
Quinones' supervisor, CASD Facilities Director Robert Foley ("Foley"), to instruct Quinones to
delay contacting the successful applicant and to not proceed with filling the position of Night
Custodial Supervisor.
In or around March or April 2009, Como advised Quinones that Como was going to hire
Matthew Como for the position of Night Custodial Supervisor. When Como asked Quinones if he
had any objection to the hiring of Como's son. Quinones responded "no." Quinones did not
officially object to the hiring of Matthew Como out of fear of retaliation either directly or indirectly
by Como.
During an executive session of the CASD Board on or before April 28, 2009, Como
recommended to the CASD Board that his son be hired for the Night Custodial Supervisor position.
Como, who had not reviewed any applications or interviewed any applicants for the position,
advised the CASD Board that his son was the most qualified applicant for the position. Como did
not disclose to the CASD Board that Quinones had not interviewed his son for the position, and
he concealed from the CASD Board that other applicants who were more qualified for the position
had been interviewed.
At the CASD Board meeting on April 28, 2009, the CASD Board approved the hiring of
Matthew Como as the Night Custodial Supervisor at a salary of $50,000.00 annually, effective
July 1, 2009. The CASD Board hired Matthew Como based solely on Como's recommendation.
The position of Night Custodial Supervisor was classified as a Non -Certified Supervisor
position for purposes of a salary and related benefits agreement with Act 93 Certified
Administrators and Non -Certified Supervisors ("Salary Agreement") approved by the CASD
Board in 2008. The Salary Agreement provided for a salary increase of 4.45% effective July 1 for
each school year for the period from July 1, 2008, through June 30, 2011. No other salary increases
were authorized for CASD Non -Certified Supervisor positions.
Based on Matthew Como's salary of $50,000.00 as of June 30, 2010, and in consideration
of a 4.45% increase pursuant to the Salary Agreement, Matthew Como's salary should have
increased by $2,225.00 effective July 1, 2010. However, Matthew Como's salary increased by
$9,537.00 effective July 1, 2010. Matthew Como's additional salary increase of $7,312.00 was
not approved by the CASD Board and was authorized solely by Como.
On or around April 8, 2011, Quinones provided a letter to the CASD, indicating that he
would be retiring from his employment as the Manager of Custodial and Grounds effective June
Como, 14-074
Page 26
30, 2011. Although action by the CASD Board would be required to fill Quinones' position, no
vacancy announcement was posted and no interviews were conducted to fill the position after
Quinones announced his retirement.
On June 28, 2011, the CASD Board approved a motion that authorized the CASD
Superintendent to hire any required and budgeted employees and to accept resignations prior to
CASD Board approval for the period between June 28, 2011, and September 27, 2011. Any actions
taken by the CASD Superintendent pursuant to such authorization were to be ratified at the next
subsequent meeting of the CASD Board. Each year the CASD Board approved the same motion
due to the CASD Board not meeting during summer months and a need for a continuation of
employment determinations.
On or around July 1, 2011, Como promoted Matthew Como to the position of Manager of
Custodial and Grounds and increased his son's salary to $78,000.00 a year. Como did not consider
any other individuals for the position, and he promoted his son and increased his son's salary
without advising the CASD Board or acquiring its approval. Como concealed from the CASD
Board that he had promoted his son and authorized an increase in his son's salary.
On June 28, 2011, the CASD Board approved the extension of the Salary Agreement for
one year with no increase in salaries for the 2011-2012 school year. On April 23, 2012, the CASD
Board approved the extension of the Salary Agreement through June 30, 2015, with 4.45% salary
increases for the school years of 2012-2013, 2013-2014, and 2014-2015.
Based on Matthew Como's salary of $78,000.00 as of June 30, 2012, and in consideration
of a 4.45% increase pursuant to the Salary Agreement, Matthew Como's salary should have
increased by $3,471.00 effective July 1, 2012. However, Matthew Como's salary increased by
$5,200.00 effective July 1, 2012. Matthew Como's additional salary increase of $1,929.00 was
authorized by Como.
As a result of Como's promotion of Matthew Como to the position of Manager of Custodial
and Grounds and Como's authorization of salary increases for his son in excess of those established
by the Salary Agreement, from 2009 through 2013 Como's son received a total of $93,369.55 in
compensation that had not been authorized by the CASD Board.
In the fall of 2012, the CASD High School Football Team ("CASD Football Team")
participated in the State High School Championship Game. Como subsequently decided, absent
approval, authorization or direction from the CASD Board, to utilize CASD funds to purchase
commemorative football rings for the CASD Football Team as well as for himself and other CASD
administrators.
Como negotiated the purchase of 87 commemorative football rings and three pendants
from Jostens, Inc. ("Jostens"), for a total cost of $31,394.10. In an effort to reduce the price of the
football rings and pendants, in or around March 2013, Como, without authorization from the
CASD Board, entered into an agreement with a Jostens representative that Jostens would be the
exclusive provider of caps, gowns, diplomas and graduation stationary to the CASD. Como was
Como, 14-074
Page 27
ultimately able to negotiate a reduced purchase price of $19,935.00 for the football rings and
pendants.
Como, as the CASD Superintendent, directed the issuance of two CASD checks to Jostens
as partial payment for the football rings and pendants. Following Como's retirement from his
CASD employment, the CASD ceased payment of any further monies to Jostens for the purchase
of the football rings and pendants, leaving an unpaid balance of $8,865.75.
Como distributed twenty-five of the football rings and all of the pendants to CASD staff,
and he retained one football ring for himself. On or around January 27, 2015, Como reimbursed
the CASD $225.00 for the cost of the football ring which he had retained for himself. Como
reimbursed the CASD approximately one month after he was charged by the Chester County
District Attorney's Office with committing various criminal offenses, including diverting CASD
funds for the purchase of the football rings and pendants.
We take administrative notice that on January 26, 2018, following a jury trial in the Chester
County Court of Common Pleas, Como was found guilty of multiple offenses, including violations
of Section 1103(a) of the Ethics Act with respect to his involvement in his son's hiring and his
approval of excess salary increases for his son as well as his use of CASD funds to purchase the
football rings and pendants. Como was ordered, in pertinent part, to pay fines of $6,931.50 and
restitution of $4,137.75. Como's criminal matter was docketed at CP-15-CR-0000780-2015. We
further take administrative notice that the aforesaid convictions were upheld on appeal to the
Pennsylvania Superior Court. See, Commonwealth v. Como, 242 A.3d 446, 2020 Pa. Super.
Unpub. LEXIS 3666, 2020 WL 6868316 (unpublished non-precedential memorandum decision),
meal denied, 2021 Pa. LEXIS 3568 (Pa., Sept. 14, 2021).
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(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Como utilized Coatesville Area School District funds to
purchase rings/j ewelry for the high school football team and
individuals involved with the team.
b. That a violation of Section 1103(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Como utilized the authority of his public employment to
effectuate the hiring of his son, Matthew Como, and when
he authorized his son's salary increases/promotion and
Como, 14-074
Page 28
continued employment with the Coatesville Area School
District.
C. The Investigative Division elects to nolle gross the
remaining allegations.
4. Como agrees to make payment in the amount of $4,137.75 payable
to Coatesville Area School District and $6,931.50 in fines as
delineated in his sentencing order docketed at CP-15-CR-0000780-
2015 in settlement of this matter.
a. The above payments are concurrent to those in CP-15-CR-
0000780-2015 and Como shall make payments as directed
by the Chester County Probation and Parole Department or
any other such department if the case is transferred.
b. None of the above payments represent any restitution for the
1103(a) violation regarding the pecuniary benefits obtained
by his son.
5. Como agrees to not accept any reimbursement, compensation or
other payment from the Coatesville Area School District
representing a full or partial reimbursement of the amount paid in
settlement of this matter.
6. 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.
a. The Respondent has been advised that as a matter of course,
all orders from the Commission are provided to the Attorney
General, albeit without any specific recommendations
pursuant to paragraph 6, above.
b. The Respondent has been advised that all orders become
public records and may be acted upon by law enforcement
authority(ies) as they deem appropriate.
C. The non -referral language contained in this paragraph is
considered an essential part of the negotiated Consent
Agreement.
Como, 14-074
Page 29
Consent Agreement, at 1-2.
In considering the Consent Agreement, we accept the recommendation of the parties for a
finding that a violation of Section 1103(a) of the Ethics Act occurred when Como utilized CASD
funds to purchase rings/jewelry for the CASD Football Team and individuals involved with the
CASD Football Team.
Como used the authority of his office as the Superintendent of the CASD when he: (1)
negotiated the purchase of commemorative football rings and pendants from Jostens at a cost of
$31,394.10; (2) entered into an agreement, without authorization from the CASD Board, that
Jostens would be the exclusive provider of graduation -related items to the CASD in an effort to
reduce the price for the football rings and pendants; (3) negotiated a reduced purchase price of
$19,935.00 for the football rings and pendants; and (4) directed the issuance of two CASD checks
to Jostens as partial payment for the football rings and pendants. Como realized a private
pecuniary benefit as a result of his use of the authority of his office and CASD funds to obtain
football rings and pendants worth $19,935.00 which he treated as his own by deciding to whom
they would be distributed. See, Commonwealth v. Como, su era, at 24 ("although he ultimately
shared the rings with others, his direct receipt of the rings constituted a private pecuniary benefit,
regardless of [their] final destination" (internal quotation marks and citation omitted).
We hold that Como violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when
he utilized CASD funds to purchase rings/jewelry for the CASD Football Team and individuals
involved with the CASD Football Team.
It is clear that a violation of Section 1103(a) of the Ethics Act occurred when Como utilized
the authority of his public employment to effectuate the hiring of his son, Matthew Como, and
when he authorized his son's salary increases/promotion and continued employment with the
CASD.
The record reflects multiple instances where Como used the authority of his office as the
Superintendent of the CASD to obtain a private pecuniary benefit for his son. In particular, Como
used the authority of his office when he directed that the vacant Night Custodial Supervisor
position not be filled in December 2008 and recommended to the CASD Board in April 2009 that
his son be hired for the Night Custodial Supervisor position. As a result of Como's uses of the
authority of his office, the CASD Board hired his son for the Night Custodial Supervisor position
at an annual salary of $50,000.00,
Como further used the authority of his office as the Superintendent of the CASD when he:
(1) authorized a salary increase for his son effective July 1, 2010, in excess of the salary increase
set for his son's position pursuant to the Salary Agreement; (2) promoted his son to the position of
Manager of Custodial and Grounds and increased his son's salary in or around July 2011; and (3)
authorized a salary increase for his son effective July 1, 2012, in excess of the salary increase set
for his son's position pursuant to the Salary Agreement. As a result of Como's promotion of his
son and authorization of the excess salary increases, his son received a total of $93,369.55 in
compensation from 2009 through 2013 that had not been authorized by the CASD Board.
Como, 14-074
Page 30
With each element of a violation of Section 1103(a) established, we hold that a violation
of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Como utilized the
authority of his public employment to effectuate the hiring of his son, Matthew Como, and when
he authorized his son's salary increases/promotion and continued employment with the CASD.
As part of the Consent Agreement, Como has agreed to make payment in settlement of this
matter as follows:
4. Como agrees to make payment in the amount of $4,137.75
payable to Coatesville Area School District and $6,931.50 in
fines as delineated in his sentencing order docketed at CP-
15-CR-0000780-2015 in settlement of this matter.
a. The above payments are concurrent to those in CP-
15-CR-0000780-2015 and Como shall make
payments as directed by the Chester County
Probation and Parole Department or any other such
department if the case is transferred.
b. None of the above payments represent any restitution
for the 1103(a) violation regarding the pecuniary
benefits obtained by his son.
Consent Agreement, at 2. Como has further agreed to not accept any reimbursement,
compensation or other payment from the CASD 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, Como is directed to make payment
in the amount of $4,137.75 payable to Coatesville Area School District and $6,931.50 in fines as
delineated in his sentencing order docketed at CP-15-CR-0000780-2015. These payments shall
be concurrent to those in his sentencing order docketed at CP-15-CR-0000780-2015 and shall be
made as directed by the Chester County Probation and Parole Department or any other such
department if the case is transferred. None of these payments represent any restitution for the
Section 1103(a) violation regarding the pecuniary benefit obtained by Como's son.
Como is directed to not accept any reimbursement, compensation or other payment from
the CASD 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.
Como, 14-074
Page 31
IV. CONCLUSIONS OF LAW:
As the Superintendent of the Coatesville Area School District ("CASD") from November
4, 2005, until September 2, 2013, Respondent Richard Como ("Como") was a public
official/public employee subject to the provisions of the Public Official and Employee
Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
2. Como violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he utilized
CASD funds to purchase rings/jewelry for the CASD high school football team and
individuals involved with the CASD high school football team.
3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Como utilized the authority of his public employment to effectuate the hiring of his son,
Matthew Como, and when he authorized his son's salary increases/promotion and
continued employment with the CASD.
In Re: Richard Como, File Docket: 14-074
Respondent Date Decided: 4/21/22
Date Mailed: 4/22/22
ORDER NO. 1799
Richard Como ("Como"), as the Superintendent of the Coatesville Area School District
("CASD"), violated Section 1103(a) of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1103(a), when he utilized CASD funds to purchase
rings/jewelry for the CASD high school football team and individuals involved with the
CASD high school football team.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Como utilized the authority of his public employment to effectuate the hiring of his son,
Matthew Como, and when he authorized his son's salary increases/promotion and
continued employment with the CASD.
3. Per the Consent Agreement of the parties, Como is directed to make payment in the amount
of $4,137.75 payable to Coatesville Area School District and $6,931.50 in fines as
delineated in his sentencing order docketed at CP-15-CR-0000780-2015.
a. The above payments shall be concurrent to those in his sentencing order docketed
at CP-15-CR-0000780-2015 and shall be made as directed by the Chester County
Probation and Parole Department or any other such department if the case is
transferred.
b. None of the above payments represent any restitution for the Section 1103(a)
violation regarding the pecuniary benefit obtained by Como's son.
4. Per the Consent Agreement of the parties, Como is directed to not accept any
reimbursement, compensation or other payment from the CASD representing a full or
partial reimbursement of the amount paid in settlement of this matter.
5. Compliance with paragraphs 3 and 4 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, Chai