HomeMy WebLinkAbout3rd Qtr 2007
INDEX
State Ethics Commission
Quarterly Rulings for Third Quarter 2007
ADVICES (Ethicsl:
07-551:
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
Member of the Pennsylvania A with regard to leasing
or selling commercial property owned by said Member
and the Member's spouse to a tenant or buyer who
might seek state grants and loans to fund the lease or
sale.
07 -552 (Ketter):
Re: Whether, in your former capacity as an
Intern/Student Employee with the Commonwealth of
Pennsylvania, Department of Transportation
("PennDOT"), you would be considered a "public
employee" subject to the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
and the Regulations of the State Ethics Commission,
such that the restrictions of Section 1103(g) of the
Ethics Act would now be applicable to you.
07-553:
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any prohibitions or restrictions upon a
Member of the Pennsylvania A in his/her capacity as
a public official, if, in his/her private capacity, he/she
would contract with a C D organization to serve as an
advisor on federal or local D issues.
07 -554 (Goddard):
Re: Whether as a Clerical Supervisor I with the
Commonwealth of Pennsylvania, Department of
Transportation ("PennDOT"), you would be
considered a "public employee" subject to the Public
Official and Employee Ethics Act ("Ethics Act"), 65
PaC.S. S 1101 et seq., and the Regulations of the
State Ethics Commission, and upon leaving
Commonwealth employment, the restrictions of
Section 11 03(g) of the Ethics Act pertaining to former
public officials/public employees.
- 1 -
07 -555 (Carter):
07 -556 (Makar):
07 -557 (Gobel):
07-558 (Mizerak.):
07 -559:
07-560 (Ceoffe):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon the
chairman of a township board of supervisors with
regard to entering into a contract with the township for
the sale of real estate owned by the chairman and his
wife.
Re: Whether as an Income Maintenance
Caseworker with the Commonwealth of Pennsylvania
Department of Public Welfare, you would be
considered a "public employee" subject to the Public
Official and Employee Ethics Act ("Ethics Act"), 65
PaC.S. S 1101 et seq., and the Regulations of the
State Ethics Commission, and particularly, the
requirements for filing Statements of Financial
Interests.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any prohibitions or restrictions upon a
member of a borough council with regard to
simultaneously serving as solicitor or special/outside
counsel for the borough and receiving compensation
for such service.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of a
Local Government Policy Manager following
termination of service with the Commonwealth of
Pennsylvania Department of Community and
Economic Development, Governor's Center for Local
Government Services.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of
the A of Office B following termination of service with
Governmental Body C.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
constable relative to serving as executive director of a
non-profit organization involved in community issues.
- 2 -
07 -561 (Keller):
07 -562 (Urick):
07-563:
07 -564 (Fetterman):
07 -565 (Mermelstein):
07 -566 (Shantz):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions or prohibitions upon
employment of a District Environmental Manager,
classified as a Highway Design Manager, following
termination of service with the Commonwealth of
Pennsylvania, Department of Transportation
("PennDOT").
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
township commissioner with regard to simultaneously
serving as a borough manager.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon the
members of a municipal authority board, who also
serve as officers of the municipal authority, with
regard to establishing a compensation program for
officers of the municipal authority.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of a
Medical Facility Records Examiner following
retirement from the Commonwealth of Pennsylvania
Department of Public Welfare, Office of Medical
Assistance Programs.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
township commissioner as to participating/voting on
land development issues regarding a school district
from which the township commissioner has accepted
an offer of employment.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon the
president of a borough council, whose spouse is the
borough tax collector, with regard to participating
in/voting on subdivision and land development plans
in the borough where such new development would
increase the borough tax base/assessed values in the
borough and thereby correspondingly increase the
- 3 -
amount of compensation received by the borough tax
collector.
07 -567 (Martz): Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of
the Secretary of Administration for the
Commonwealth of Pennsylvania following termination
of Commonwealth service.
07-568 (Lytle): Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon an
individual employed as a Transportation Construction
Inspector Supervisor for the Commonwealth of
Pennsylvania, Department of Transportation
("PennDOT"), with regard to hiring her sister or a
consultant inspection firm that employs the sister to
perform work on Penn DOT projects.
07 -569: Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon
employment of an A following termination of service
with a B of a Governmental Body C.
07 -570: Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon a former A for
Commonwealth Agency B as to: (1) being
compensated by Commonwealth Agency B for
testifying on behalf of said agency as an expert
witness in a lawsuit; (2) contractually providing expert
witness testimony or various other services to
Commonwealth Agency B on a "sole source" basis; or
(3) returning to work for Commonwealth Agency B as
an annuitant.
07 -571 (Staniszewski): Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
city councilman with regard to voting on matters
pertaining to the city chamber of commerce, a non-
profit organization for which the city councilman is an
executive board member.
07 -572 (Findley): Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
- 4 -
would present any restrictions upon employment of a
Descriptive Statistical Supervisor following termination
of employment with the Commonwealth of
Pennsylvania, Department of Labor and Industry
("Department of Labor and Industry").
07 -573 (Miller):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of
the Deputy Secretary for Information Technology
following termination of Commonwealth service.
07-574 (Lerch):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of an
Assistant District Executive for Maintenance classified
as an Assistant Highway District Engineer following
termination of service with the Commonwealth of
Pennsylvania, Department of Transportation
("PennDOT").
07 -575 (Good):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon a former Adult
Personal Care Homes Licensing Representative with
the Commonwealth of Pennsylvania, Department of
Public Welfare ("DPW"), who has returned to work for
DPW in the same position as an annuitant, with
regard to receiving payment from a university for
providing instruction to students in a training course
for current and prospective personal care home
administrators.
07 -576 (Widmer):
Re: Whether an engineering firm that serves
various governmental bodies as an engineering
consultant, borough engineer, city engineer, township
engineer, or authority engineer, would in such
capacities be considered a "public official" or "public
employee" subject to the Public Official and Employee
Ethics Act (the "Ethics Act"), 65 Pa C. S. S 1101 et
seq., and particularly, the requirements for filing
Statements of Financial Interests.
07 -577:
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of an
A following termination of service with Commonwealth
Agency B.
- 5 -
07-578 (Lipscomb): Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of a
Health Care Coordinator following termination of
employment with the Commonwealth of Pennsylvania
Department of Public Welfare, Office of
Developmental Programs.
07 -579 (Isenberg): Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of a
Transportation Construction Inspector Supervisor
following termination of service with the
Commonwealth of Pennsylvania, Department of
Transportation ("PennDOT").
07 -580 (Mackinnon): Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of an
Information Technology Policy Specialist 1 following
termination of employment with the Governor's Office
of Administration, Office for Information Technology.
07-581 (Dove): Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of a
"PUC Compliance Specialist 1" following retirement
from the Commonwealth of Pennsylvania
("Commonwealth"), Public Utility Commission
("PUC").
07-582 (Krieger, Ph.D): Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of a
Welfare Program Executive 2 following termination of
service with the Commonwealth of Pennsylvania
Department of Public Welfare, Office of Medical
Assistance Programs.
07 -583 (Hartmann): Re: Whether, in your former capacity as a
Corrections Water Treatment Plant Foreman with the
Commonwealth of Pennsylvania Department of
Corrections ("DOC"), you would be considered a
"public employee" subject to the Public Official and
Employee Ethics Act ("Ethics Act"), 65 PaC.S. S 1101
et seq., and the Regulations of the State Ethics
Commission, such that the restrictions of Section
1103(g) of the Ethics Act pertaining to former public
- 6 -
officials/public employees would now be applicable to
you.
07 -584:
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
county A with regard to participating as a stockholder
in or compensated manager for a company that is
developing a system for As, B records departments,
Cs, and Ds to complete E documents online, where:
(1) such system would be made available at no
charge to the office of said county A, Fs and the local
B within that county, Fs outside that county that would
be working in conjunction with the county A's office,
and all Cs; and (2) the company would charge fees to
other users of such system.
07 -585 (Smetak):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of a
Special Assistant to the Secretary of Public Welfare,
with a working title of Chief of Staff for the Office of
Children, Youth and Families, following termination of
service with the Commonwealth of Pennsylvania
Department of Public Welfare ("DPW").
ORDERS (Ethicsl:
1438 (Peak): Re: This is a final adjudication of the State Ethics
Commission.
1439 (Matta): Re: This is a final adjudication of the State Ethics
Commission.
1440 (Gordnier): Re: This is a final adjudication of the State Ethics
Commission.
1441 (Kistler): Re: This is a final adjudication of the State Ethics
Commission.
1442 (Complainant A): Re: The Investigative Division of the State Ethics
Commission conducted an investigation regarding a
possible wrongful use of act under the Public Official
and Employee Ethics Act, 65 Pa C. S. S 1101 et seq.,
by the above-named "Complainant." Written notice of
the specific allegations was served at the
commencement of the investigation. Upon completion
of the investigation, the Investigative Division issued
- 7 -
and served upon Complainant a Findings Report
identified as an "Investigative Complaint," which
constituted the Investigation Division's Complaint
against the Complainant. An Answer was filed and a
hearing was held. The record is complete.
- 8 -