HomeMy WebLinkAbout2nd Qtr 2012
INDEX
State Ethics Commission
Quarterly Rulings for Second Quarter 2012
ADVICES (Ethics):
12-523
Re: Whether an individual who retired from the
Commonwealth of Pennsylvania would become a
“public employee” subject to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101
et seq., if the individual would return to work with the
Commonwealth under the 95-day “return to state
service” provision at 71 Pa.C.S. § 5706(A.1), working
as an A for Commonwealth Department B; and if so,
whether the Ethics Act would impose any prohibitions
or restrictions upon the individual with regard to
continuing to work in a private capacity as the C of a
D whose membership includes Es of Fs.
12-524 (Ewald)
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
Media Borough (“Borough”) Council Member with
regard to: (1) accepting gratuitous accommodations
and an educational conference in the Dominican
Republic from a non-profit corporation named “Fair
Trade USA,” where, in June 2006, Fair Trade USA
certified the Borough as the first Fair Trade Town in
the United States, there is no other relationship
between Fair Trade USA and the Borough, and it is
not expected that the Borough will have any future
business with Fair Trade USA; and (2) receiving a
reimbursement of airfare for the aforesaid trip from a
local non-profit corporation named “America’s First
Fair Trade Town Committee (“AFFTTC”), where
AFFTTC is a wholly separate corporation from Fair
Trade USA and is separate from the Borough, and
where the Borough has provided donations to
AFFTTC in the past and expects to consider similar
donations in the future.
12-525 (Perry):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would permit a community newspaper to continue to
do business with a school district if the individual who
publishes the community newspaper would become a
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school director for the school district, and if so,
whether the restrictions of Section 1103(a) of the
Ethics Act (pertaining to conflict of interest) and
Section 1103(f) of the Ethics Act (pertaining to
contracting) would be applicable in such
circumstances.
12-526 (Say):
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 who, in a private capacity, is an
independent contractor of a business that provides
gym shirts (uniforms) for the school district that the
school director serves.
12-527:
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 A, classified as a B, for Commonwealth
Department C following termination of Commonwealth
employment.
12-528 (Knappenberger):
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 township board of
supervisors with regard to voting on matters
pertaining to her nephew or her nephew’s spouse.
12-529 (Smedley):
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
Division Manager, with a job title of Municipal
Services Manager, following termination of
employment with the Pennsylvania Department of
Transportation (“PennDOT”).
12-530:
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
A following termination of employment with
Commonwealth Department B.
12-531
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would require an A for a [political subdivision] to
disclose on his Statement of Financial Interests his
ownership interest in a Pennsylvania Limited Liability
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Company that owns a parcel of real estate with office
space leased to the [political subdivision].
12-532:
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: (1) providing services to clients
of the G of the Program to whom you currently
provide services in your capacity as an A; (2)
providing services to clients of the H of the Program--
to whom you currently provide or will provide services
in your capacity as an A--upon the I of such clients
from the H of the Program; or (3) billing J, a company
named [name of company], or Ks for services
rendered in your private capacity.
12-533 (English):
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 supervisor who
has executed an oil and gas lease with a company
would have a conflict of interest with regard to a
conditional use application for oil and gas drilling on
the township supervisor’s own personal real estate.
12-534 (Lady):
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 and a licensed state broker for poultry
litter, 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) a business with which the
township supervisor has a contract to haul poultry
litter.
12-535 (Crawford):
Re: Whether, as a Web Designer/Content Manager
with the School District of Lancaster, you would be
considered a "public employee" subject to the Public
Official and Employee Ethics Act (“Ethics Act”), 65
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Pa.C.S. § 1101 et seq., and the Regulations of the
State Ethics Commission, 51 Pa. Code § 11.1 et seq.,
and particularly, the requirements for filing Statements
of Financial Interests.
12-536:
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
Member of the A (“State Legislator”) following
termination of service with the Commonwealth.
12-537 (Chipka):
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 with regard to
simultaneously serving as a telecommunicator for a
county 911 center.
12-538:
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 A, who is a B of a C, with regard to
participating in discussions or votes by the township
board of As pertaining to a potential D or the
township’s financing of an E for the C.
12-539 (Atkinson):
Re: Whether, pursuant to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101
et seq., an individual serving as a township supervisor
would have a conflict of interest with regard to
participating in discussions or votes by the township
board of supervisors pertaining to a developer’s land
development plan for the proposed establishment of a
strip club on a property located in the township where,
prior to being elected as a township supervisor, the
individual: (1) was involved in litigation opposing two
township ordinances which newly permitted adult
uses in the township’s commercial zoning district on a
conditional use basis; (2) accepted campaign
contributions as a non-incumbent candidate for
township supervisor from individuals who opposed the
aforesaid ordinances and individuals who are
objecting parties to the developer’s conditional use
application for the aforesaid property; and (3)
personally signed a retainer agreement with an
attorney under which the individual believes she is
financially obligated to pay for the attorney’s
representation of the parties opposing the developer’s
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conditional use application to the extent there are no
other available funds to pay for the attorney’s
services.
12-540 (Marcus):
Re: Whether, pursuant to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101
et seq., an individual serving as a township supervisor
would have a conflict of interest with regard to
participating in discussions or votes by the township
board of supervisors pertaining to a developer’s land
development plan for the proposed establishment of a
strip club on a property located in the township, where
the individual: (1) was a party to litigation opposing
one of two township ordinances which newly
permitted adult uses in the township’s commercial
zoning district on a conditional use basis; (2) might
have accepted campaign contributions as a non-
incumbent candidate for township supervisor from
individuals who opposed the aforesaid ordinances;
and (3) was previously involved in unrelated litigation
against a former township supervisor who may have
an ownership interest in the property where the strip
club is proposed to be located.
12-541 (Dwyer):
Re: Whether, pursuant to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101
et seq., an individual serving as a township supervisor
would have a conflict of interest with regard to
participating in discussions or votes by the township
board of supervisors pertaining to a developer’s land
development plan for the proposed establishment of a
strip club on a property located in the township, where
the individual might have accepted campaign
contributions as a non-incumbent candidate for
township supervisor from: (1) individuals who
opposed two township ordinances which newly
permitted adult uses in the township’s commercial
zoning district on a conditional use basis; and (2)
individuals who are objecting parties to the
developer’s conditional use application for the
aforesaid property.
12-542 (Noel,III):
Re: Whether: (1) legal counsel to the Police
Diversity Board of the City of Reading; or (2) the Chair
of the Police Diversity Board of the City of Reading 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.
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12-543 (Smith):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibitions, restrictions, or
disclosure requirements upon a borough manager
who would receive personal loans from friends,
family, or associates.
12-544 (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
borough council member with regard to voting on
budgetary matters pertaining to a volunteer fire
company which is designated as the emergency fire
response company within the borough and of which
the borough council member is a trustee and vice
president.
12-545 (Lewis):
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 with regard to
simultaneously serving as the borough code
enforcement officer/zoning officer.
12-546 (Lucas):
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 Inspector following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
12-547 (Manganelli):
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
Licensed Psychologist Manager, Corrections following
termination of employment with the Pennsylvania
Department of Corrections (“Department of
Corrections”).
12-548 (Martocci):
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, who is also an employee of
a municipal authority, with regard to voting on a
request to rezone a portion of property where such
rezoning might create additional revenue for the
municipal authority.
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12-549 (Petrille, Jr.):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would prohibit an individual who serves as the register
of wills for a county from having his campaign
committee hold a fundraiser at which participants who
are attorneys may receive continuing legal education
credit.
ORDERS (Ethics):
1598 (Mellow):
Re: This is a final adjudication of the State Ethics
Commission.
1599 (Boyer):
Re: This is a final adjudication of the State Ethics
Commission.
1600 (Ellison):
Re: This is a final adjudication of the State Ethics
Commission.
1601 (Wherry):
Re: This is a final adjudication of the State Ethics
Commission.
1602 (Scimio):
Re: This is a final adjudication of the State Ethics
Commission.
1603 (Keller):
Re: This is a final adjudication of the State Ethics
Commission.
ORDERS (Lobbying):
019-SL (PREA):
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.”
020-SL (Adelphoi USA):
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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021-SL (RGGC):
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.”
022-SL (LCA of PA):
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.”
023-SL (Neiman Group):
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.”
024-SL (ITSA):
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.”
025-SL (CHH):
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.”
026-SL (MTR Gaming):
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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027-SL (Excel Pension):
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.”
028-SL (Equaterra):
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.”
029-SL (Friends Hospit.):
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.”
030-SL (Keystone Prog.):
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):
398-S (Behanna):
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.
399-S (Poraczky):
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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400-S (Rehard):
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.
401-S (Walling):
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.
402-S (Parker Thomas):
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.
403-S (Arnese):
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.
404-S (Douglas):
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.
405-S (Marino):
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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