HomeMy WebLinkAbout1st Qtr 2012
INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2012
ADVICES (Ethics):
12-500
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any restrictions upon a former A
solicitor with regard to entering into a consulting
agreement with the new A solicitor to provide, for a
fee, advice and counsel on business of the [political
subdivision].
12-501 (Jones)
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
two borough council members with regard to
participating in the interview/selection process and
voting on the appointment of a borough manager,
where: (1) both of the borough council members are
professional employees with the same school district;
and (2) a school director for the school district is a
candidate for the borough manager position.
12-502 (McLaughlin):
Re: Whether, in your former capacity as a Finals
Unit Manager with the Pennsylvania Department of
Transportation (“PennDOT”), 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 the Regulations of the
State Ethics Commission, 51 Pa. Code § 11.1 et seq.,
such that the restrictions of Section 1103(g) of the
Ethics Act would now be applicable to you.
12-503 (Opalinski):
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
Transportation Construction Manager 2 following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
12-504 (Egros):
Re: Whether, pursuant to Section 1103(a) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1101 et seq., a township commissioner
would have a conflict of interest with regard to voting--
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either in favor of or against--the approval of gas
extraction by any gas drilling company, where the
township commissioner and some members of his
family have signed a lease with a gas drilling
company.
12-505 (Mullin):
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 borough council with
regard to voting on an agreement to change the terms
of bonds guaranteed by the borough, where such
bonds are owned by his second cousin and by
various entities in which the second cousin is
involved.
12-506 (Templeton):
Re: Whether the Public Official and Employee Ethics
Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would
impose any restrictions upon an individual who,
following retirement from the Commonwealth of
Pennsylvania, has provided services to the
Pennsylvania Department of Transportation
(“PennDOT”) as an annuitant under the 95-day “return
to state service” provision at 71 Pa.C.S. § 5706(A.1),
with regard to seeking employment with a consulting
engineering firm following termination of the
individual’s service as an annuitant with PennDOT.
12-507 (Marshall):
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 who serves as a county commissioner with
regard to performing the duties of his public position
when: (1) as a county commissioner, the individual is
a director of a nursing home owned and operated by
the county; and (2) in a private capacity, the individual
is a director of a nursing home owned and operated
by a diocese of the Roman Catholic Church.
12-508 (Hampton):
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
a member of a municipal water authority board.
12-509 (Phiel):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
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would impose any prohibitions or restrictions upon a
county commissioner, who in a private capacity is a
50% non-working equity owner in a business that
repairs and services vehicles, with regard to the
proposed future servicing by such business of
vehicle(s) owned and/or funded by: (1) the county; (2)
a transit authority which has a minority number of its
board members appointed by the county; or (3) a drug
task force which is supervised by the district attorney
of the county.
12-510:
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 [officer] of a borough council with regard
to simultaneously serving as the borough A.
12-511 (Kiernan):
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
business manager for a school district with regard to
simultaneously serving as the tax collector for a
township located within the school district.
12-512 (Prescott):
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
borough council member, whose step-daughter’s
spouse is employed as a police officer with the
borough, with regard to voting on any matter(s)
involving said police officer in particular or the
borough police force as a whole.
12-513:
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 A by a Member of the
General Assembly with regard to serving on the board
of a non-profit [type of entity] that operates a facility
located in the Member’s legislative district when: (1)
the Member hosts a [type of event] at the facility; and
(2) in prior years, the individual advised and assisted
the facility in applying for Bs from [name of
governmental body].
12-514:
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
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Public Official A who serves on a three-Member
Governmental Body B with regard to participating in a
public hearing or vote on a C for two Ds, where: (1)
the Ds have different owners; (2) one of the Ds is
owned by the Public Official A’s [various in-laws], who
also own a family business that employs the Public
Official A; and (3) the Ds are E with each other and
with the Public Official A’s Relative F’s and Relative
G’s H.
12-515 (Myers):
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
school director, whose school district is one of four
school districts participating in a career and technical
institute, with regard to being hired as a consultant for
the career and technical institute.
12-516 (Smith):
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 a
local farmer, with regard to participating in or voting
on matter(s) before the township board of supervisors
involving: (1) a corporation to which the township
supervisor sells most of his harvested crops, and
which is owned by two brothers (the “Brothers”) and
their families; (2) another corporation that does not
have a business relationship with the township
supervisor, but that is owned by one of the Brothers
and his family; or (3) an egg producer with which the
township supervisor engaged in a one-time business
transaction in 2011, and which makes its agricultural
scale available as a free service to the general public
for use in weighing agricultural products.
12-517 (LaLonde):
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 is also employed as the
public works director for the township, with regard to:
(1) voting on the annual list of appointed township
officials, where such list would include the position of
public works director; (2) voting on annual township
budgets which would include some or all of his salary
as the public works director; (3) participating in
personnel decisions before the township board of
supervisors which would pertain to his subordinates
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within the public works department; or (4) approving
the monthly bills list and bills to be paid, where such
bills would include his salary as the public works
director.
12-518 (Smith):
Re: Whether, pursuant to Section 1103(a) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1101 et seq., an individual who is both:
(1) employed as a Dirt and Gravel Road Specialist for
a conservation district, in which position he is
primarily responsible for administering the
conservation district’s dirt and gravel road program;
and (2) a supervisor for a township that currently has
several dirt and gravel road worksites that may be
eligible for funding through the conservation district’s
dirt and gravel road program, would have a conflict of
interest in either of his aforesaid capacities with
regard to matters involving participation by the
township in the conservation district’s dirt and gravel
road program, and if so, what abstentions and/or
disclosures would be required of him in either
capacity.
12-519 (Huber):
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
Special Assistant for Financial Management with the
Pennsylvania Department of Community and
Economic Development (“DCED”), whose spouse is
the majority owner of a corporation that has applied
for a grant which would be funded in part by the U.S.
Small Business Administration and would be awarded
by DCED, with regard to matter(s) pertaining to such
grant.
12-520 (Flickinger):
Re: Whether a solicitor of a borough planning
commission is required to file Statements of Financial
Interests pursuant to the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
where the planning commission has the authority to
approve, approve with modification, or disapprove
preliminary plans for subdivisions.
12-521:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any restrictions upon the employment
or social conduct of the Political Subdivision A Public
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Official B following termination of service with Political
Subdivision A.
12-522 (Hines):
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
Executive Deputy Secretary of Programs following
termination of service with the Pennsylvania
Department of Environmental Protection (“DEP”).
OPINIONS:
12-001 (Alexander):
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
Pennsylvania’s Secretary of Public Welfare in his
capacity as a public official with regard to engaging in
private business activities related to a currently
inactive investment consulting firm that he organized
in Rhode Island for the purpose of name reservation.
ORDERS (Ethics):
1596 (Michael):
Re: This is a final adjudication of the State Ethics
Commission.
1597 (Polites):
Re: This is a final adjudication of the State Ethics
Commission.
ORDERS (Lobbying):
008-SL (Salus U.):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of registration statement(s) and/or expense
report(s) required to be filed pursuant to
Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
009-SL (Pickle, Jr.):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of registration statement(s) and/or expense
report(s) required to be filed pursuant to
Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
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010-SL (Synagro Tech.):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of registration statement(s) and/or expense
report(s) required to be filed pursuant to
Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
011-SL (Barnes & Nobl.):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of registration statement(s) and/or expense
report(s) required to be filed pursuant to
Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
012-SL (Dumeyer):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of registration statement(s) and/or expense
report(s) required to be filed pursuant to
Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
013-SL (Bulger):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of registration statement(s) and/or expense
report(s) required to be filed pursuant to
Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
014-SL (Metropolitan):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of registration statement(s) and/or expense
report(s) required to be filed pursuant to
Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
015-SL (Shull):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of registration statement(s) and/or expense
report(s) required to be filed pursuant to
Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
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016-SL (Food For All):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of registration statement(s) and/or expense
report(s) required to be filed pursuant to
Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
017-SL (Mcelhatton):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of registration statement(s) and/or expense
report(s) required to be filed pursuant to
Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
018-SL (Healy, II):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of registration statement(s) and/or expense
report(s) required to be filed pursuant to
Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
ORDERS (SFI):
391-S (Lawler):
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.
392-S (Henderson):
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.
393-S (Greene):
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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394-S (Yost):
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.
395-S (Keever, III):
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.
396-S (Kephart):
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.
397-S (Williams-Bell):
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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