HomeMy WebLinkAbout4th Qtr 2009
INDEX
State Ethics Commission
Quarterly Rulings for Fourth Quarter 2009
ADVICES (Ethics):
09-565-S: (Kearney, III)
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibitions or restrictions upon a
district attorney with regard to hiring his son for the
position of assistant district attorney.
09-573:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon the
A for Commonwealth Official B with regard to
[engaging in a certain activity] in his private capacity
with or in: (1) Cs or Ds that are currently E in or F by
Commonwealth Department G (hereinafter “the
Department”); or (2) Cs or Ds that are not currently E
in or F by the Department but may be considered for
future use by the Department.
09-574: (Valence):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any restrictions upon employment of an
Adult Personal Care Homes Licensing Administrator
following termination of service with the Pennsylvania
Department of Public Welfare (“DPW”).
09-575 (Rubenstein):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon:
(1) a township council member, who in a private
capacity is a member of a fire company located in the
township, with regard to participating in the approval
of the township’s annual budget, where the township
pays the premiums for the fire company’s workers’
compensation insurance and disburses funds to the
fire company through the township’s annual budget;
or (2) a township council member, who in a private
capacity is the treasurer of a non-profit Little League
organization located in the township, with regard to
participating in the approval of the township’s annual
budget, where such budget would include
disbursements to the Little League organization.
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09-576 (Patterson):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibitions or restrictions upon an
individual employed as an Environmental Education
Specialist for the Pennsylvania Department of
Conservation and Natural Resources with regard to
selling a guidebook that the individual researched and
wrote while on leave without pay from her
Commonwealth employment, where: (1) the individual
would sell the guidebook on days off from her
Commonwealth employment; and (2) such sales
would include sales to bookstores and individuals but
would not include sales to any state park gift shops or
to individuals through her Commonwealth position.
09-577 (Householder):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibitions or restrictions upon a
member and vice chairman of a municipal authority
board with regard to simultaneously serving as a
borough mayor.
09-578 (Dichter):
Re: Whether the Public Official and Employee Ethics
Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would
impose any prohibitions or restrictions upon the
Deputy Secretary of the Office of Child Development
and Early Learning, Pennsylvania Departments of
Education and Public Welfare, with regard to
accepting an offer of supplemental employment with
the Gates Foundation (“Foundation”) to provide
assistance on the Foundation’s early childhood
learning strategy, where: (1) the Foundation does not
provide resources to the Commonwealth of
Pennsylvania for the early childhood work overseen
by the Deputy Secretary; and (2) such assistance
would be provided only as to the Foundation’s
national work and work in the state of Washington.
09-579:
Re: Whether, as an A with the B Program
(hereinafter “the Program”) of Political Subdivision C,
Pennsylvania, you would be considered a "public
employee" subject to the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.;
and whether the Ethics Act would prohibit you in your
private capacity from entering into a contractual
relationship with a company that is under contract
with Political Subdivision C to provide management
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and disbursement of F for [type of individuals] who
receive G.
09-580 (Pezzuti):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any restrictions upon employment of
the Director of the Bureau of Community
Development in the Office of Long Term Living within
the Pennsylvania Department of Public Welfare
following termination of Commonwealth service.
09-581 (Murray):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibitions or restrictions upon a
member and chairman of a township board of
supervisors with regard to simultaneously serving as
the treasurer for the firemen’s relief association of a
volunteer fire company where: (1) the volunteer fire
company is located in a different municipality but
provides some fire protection to the township; (2) the
township distributes firemen’s relief funds received
from the Commonwealth of Pennsylvania to the
volunteer fire company and two other fire companies
that provide fire protection for the township; and (3)
the township board of supervisors decides how to
break down the distribution of such relief funds among
the three fire companies.
09-582:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon a
township supervisor serving on a three-member board
of supervisors with regard to: (1) voting to appoint
himself to a compensated position with the township
such as treasurer, secretary, or roadmaster; or (2)
seconding a motion to appoint the township
supervisor’s A as the B for the township, where the
other two township supervisors would have opposing
views, and then voting to break a tie if the other two
supervisors would cast opposing votes.
09-583 (Pressmann):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any restrictions upon employment of a
former Chief of Staff with the Pennsylvania
Department of General Services (“DGS”) and
Legislative Liaison 3 with DGS and the Governor’s
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Office of Administration (“OA”) following termination of
Commonwealth employment.
09-584 (McDermott):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibitions or restrictions upon a
member and chairman of a municipal authority board
with regard to receiving from an authority consultant a
holiday dinner valued at approximately $40.00.
09-585 (Sturn):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon a
borough mayor, a member and president of a
borough council, or borough council members with
regard to enacting an ordinance that would establish
compensation for the aforesaid borough officials
during their current terms of office.
09-586 (Nelson):
Re: Whether a District Constituent Outreach
Specialist employed by the Pennsylvania House of
Representatives (“House”) would be considered a
“public employee” subject to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101
et seq., and the Regulations of the State Ethics
Commission, 51 Pa. Code § 11.1 et seq., and if so,
whether the Ethics Act would impose any prohibitions
or restrictions upon such individual in her public
capacity in matters pertaining to a non-profit entity for
which she provides services in her private capacity as
an independent contractor.
OPINIONS (Ethics):
09-007 (Pizonka):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibitions or restrictions upon a
township supervisor who, in a private capacity, is
employed by PECO Energy Company as the County
Affairs Manager, with regard to participating in the
approval of the payment of the monthly township
expenses, where such expenses would include a
monthly utility bill from PECO for electric services.
OPINIONS (Lobby):
09-1002:
Re: Whether, pursuant to Pennsylvania’s lobbying
disclosure law (“Lobbying Disclosure Law”), 65
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Pa.C.S. § 13A01 et seq., a nonprofit corporation that
supports A in Pennsylvania would be engaged in
lobbying and would be required to register under the
Lobbying Disclosure Law where the nonprofit
corporation would “facilitate” an education program at
various B facilities located in Pennsylvania to educate
policymakers regarding A generally as well as the
specific A underway at such B facilities.
ORDERS (Ethics):
1524-R (Vinokur):
Re: The State Ethics Commission received a
Request for Reconsideration with respect to Order
No. 1524, which Order was issued on August 4, 2009.
Pursuant to Section 21.29 of the Regulations of the
Commission, the discretion of the State Ethics
Commission to grant reconsideration is properly
invoked as follows:
1532 (Connelly):
Re: 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 seq., 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 waiving an evidentiary hearing 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.
1533 (DiVecchio):
Re: 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 seq., 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
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Findings Report identified as an “Investigative
Complaint.” A Stipulation of Findings and a Consent
Agreement waiving an evidentiary hearing 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.
1534 (Arrow):
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 seq., 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 waiving an evidentiary hearing 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.
1535 (Noel)
Re: 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 seq., 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 waiving an evidentiary hearing 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.
1536 (Bobiak):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
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regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., 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 by the Investigative Division. A Stipulation
of Findings and a Consent Agreement waiving an
evidentiary hearing 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.
1537 (Owen):
Re: 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 seq., 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 waiving an evidentiary hearing 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.
ORDERS (SFI):
359-S (Litzenberger):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of Statement(s) of Financial Interests
required to be filed pursuant to Sections 1104 and
1105 of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
360-S (Cabungcal):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
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deficiency of Statement(s) of Financial Interests
required to be filed pursuant to Sections 1104 and
1105 of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
361-S (Curtis):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of Statement(s) of Financial Interests
required to be filed pursuant to Sections 1104 and
1105 of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
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