Steel Valley school board President Joseph Ducar said he believed the $10,300 fine imposed by the Pennsylvania Ethics Commission upon his fellow school director, Edward McCallister, should stand as a warning to school directors everywhere to be absolutely certain about the votes they cast.

The state Ethics Code prohibits public officials from using their position for private pecuniary gain for members of their immediate family. Those members are defined as a parent, spouse, child, brother or sister, said Sean Fields, associate counsel for the Pennsylvania School Boards Association.

Edward McCallister was found to have violated that code when he voted to award supplemental contracts to his brother, Shawn McCallister, on six occasions and to authorize payroll checks 29 times for those contracts from 2003 to 2007.

In the 28-page consent agreement document composed by the ethics commission, it is pointed out that Edward McCallister was aware of the need to abstain on votes to award contracts to his brother, who was a longtime social studies teacher before becoming Steel Valley's athletic director.

Edward McCallister couldn't be reached for comment.

But Mr. Ducar said he believed that the times that Mr. McCallister abstained from voting were the times that it was clearly noted in the action that Shawn McCallister was involved.

Conversely, Mr. Ducar believes that the times that Mr. McCallister voted to award contracts or cut checks to his brother are times when Shawn McCallister's name appeared on a very long list of candidates or checks and that Edward McCallister did not take the time to thoroughly review it.

"I can tell you that I didn't even know that Shawn McCallister was ever the seventh-grade girls basketball coach, but I probably voted on it. It was lumped in there with 100 other things, and no one would pick that out," Mr. Ducar said.

The votes that Mr. McCallister took to award contracts to his brother that the commission deemed as violations of the Ethics Act were: Aug. 11, 2003, as social studies department head; Oct. 13, as seventh-grade girls basketball coach; Sept. 20, 2004, as middle school academic challenges coach; Sept. 19, 2006, as intramural director; July 25, 2006, as equipment manager; and Sept. 26, 2006, as intramural director.

The fine that Edward McCallister has agreed to pay equals the amount of compensation Shawn McCallister received for the supplemental contracts. John Contino, executive director of the state Ethics Commission, said Edward McCallister already has made a $5,000 payment and has agreed to continue paying 12 smaller monthly payments until the fine is settled.

Mr. McCallister did not face any fine for voting to appoint his brother athletic director in 2005 because district solicitor Donald Fetzko gave him incorrect advice that he would be permitted to vote if his vote was needed to break a tie or to provide a majority, the consent agreement said.

Mr. Ducar said he planned in the future to direct the district's solicitor to review every list of contracts for supplemental positions the board votes on and to warn any school director who may have a conflict.

"I just find this whole situation unbelievable. I am disgusted and have been sick to my stomach over it," Mr. Ducar said.

He said the board got no official word of the ethics commission decision and that he heard about it from reporters.

Mr. Fields, of the PSBA, said there were several ways that newly elected school board members could educate themselves on legal issues. He said his organization offers a pamphlet that outlines some of the information for people who are considering running for school board.

The PSBA also offers courses for newly elected school board members, one of which focuses on legal issues. In addition, he said, the PSBA focused on the state Ethics Code in its bimonthly magazine in April.

An article written by attorney Stuart Knade warned school board members that the state ethics commission, for a violation of the ethics act, can impose civil penalties, restitution and treble damages and even refer the case for criminal prosecution.

In Edward McCallister's case, the consent agreement indicates it will not be referred for criminal prosecution.

The PSBA article advises school directors to keep copies of the Ethics Act handy and to become familiar with its provisions. The article states, "Good faith and innocent intentions are irrelevant as to whether the Ethics Act has been violated," according to court rulings. Though it points out that unintentional violations are unlikely to receive stiff penalties.

The article also points out that the Ethics Code covers not only voting but also participation in discussions and lobbying for a particular result.

The consent agreement regarding Edward McCallister stated that he took part in discussions of the board about making the athletic director a full-time position at a time when his brother held that position and that he supported it. The document points out that the discussion was about the position and not the person holding the position.

Following those discussions, the consent agreement said, Edward McCallister at the Oct. 24, 2006, school board meeting made the motion to approve 18 items under the personnel management section of the agenda. One of those items was to change the status of the athletic/activities director from temporary to full-time permanent status within the district's collective bargaining agreement with teachers.

Edward McCallister voted in favor of that motion. Another school director at the time, Tim McCallister, Shawn and Edward's cousin, abstained from the vote. The ethics commissions made no comment on these actions in the document.

Mr. Fields said the best way for school directors to determine if their actions could violate the state Ethics Act is to consult an attorney for advice or to contact the ethics commission for a written opinion.