HomeMy WebLinkAbout1st Qtr 2013
INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2013
ADVICES (Ethics):
12-571-S (Myers):
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
Right-of-Way Administrator 2 following termination of
employment with the Pennsylvania Department of
Transportation (“PennDOT”).
13-500 (Crocamo):
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 in his capacity as a member of the board of
a municipal authority if the municipal authority would
solicit and consider proposals for contracts with a
business with which the individual is employed in his
private capacity.
13-501 (Granger):
Re: Whether, as an Executive Policy Analyst 2 for
the Pennsylvania Public Utility Commission (“PUC”),
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, and if so, whether
you would be required to disclose on your Statement
of Financial Interests transportation, lodging,
hospitality, or gifts which you would receive from the
Pennsylvania Bankers Association (“PBA”) through
your fiancée, who is the First Vice-Chairman of the
Board of Directors of the PBA; and whether, as an
Executive Policy Analyst 2 for the PUC, you would be
considered a “state official or employee” under
Pennsylvania’s lobbying disclosure law (“Lobbying
Disclosure Law”), 65 Pa.C.S. § 13A01 et seq.
13-502:
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.
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13-503:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any duty upon a [type of political
subdivision] A to send Statement of Financial
Interests forms to the [type of political subdivision] Bs.
13-504 (Schorpp):
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
county employee with regard to applying for a
personal Sheetz loyalty program card to purchase fuel
at a discount for county vehicles, where: (1) the
county employee would receive certain offers
provided by Sheetz to holders of the loyalty program
card; and (2) such offers would not be dependent
upon the purchase of fuel or the volume of fuel
purchased by the county.
13-505:
Re: Whether, in your former capacity as an A for the
B Office of Political Subdivision C, you would be
considered a “public employee” subject to the Public
Official and Employee Ethics Act (the “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.
13-506:
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 in his capacity as the A of the B of a
[political subdivision] if: (1) a [type of entity] in which
the individual and his [immediate family member]
would have an ownership interest would purchase an
existing facility from a C and create a D with two Es;
(2) the [political subdivision] would purchase one E of
the D for its own use and would pay [amount] of Fs;
and (3) the [type of entity] or its successor would
continue to own the other E of the D and would
operate such E as a separate business.
13-507 (Jarvis):
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 chairperson of a township board of
supervisors with regard to participating at her own
expense in the township’s group insurance plans.
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13-508 (Morrison):
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 is also an employee of a
community college that is sponsored by the school
district, with regard to voting on the proposed
appropriation to/annual budget for the community
college.
13-509 (Deitrick):
Re: Whether a member of a county conservation
district board of directors would have a conflict of
interest pursuant to Section 1103(a) of the Public
Official and Employee Ethics Act (“Ethics Act”), 65
Pa.C.S. § 1103(a), in matters involving a Nutrient
Management Plan (“NMP”) if: (a) such member is
listed on the NMP as a potential manure importer; or
(b) a lending institution with which such member is
associated or to which such member belongs
provides or may provide financing/funding to the
agricultural operation/landowner submitting the NMP;
and
13-510:
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
employed within the A Division of Commonwealth
Agency B in the position of C under job code
[number], with a working title of D, with regard to
negotiating and accepting private employment with a
business that provides or seeks to provide services
relating to E.
13-511 (Snyder):
Re: Whether, in your former capacity as a Highway
Drafter 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.
13-512:
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 Agency B.
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13-513 (Rhodes):
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 of the board of a municipal authority, who in
his private capacity is a registered land surveyor, with
regard to submitting a proposal and contracting to
perform surveying work on land owned by the
municipal authority at the cost of $200.00 to the
municipal authority.
13-514 (Magaw):
Re: Whether as a Member of the Planning
Commission of the Borough of Forest Hills, you would
be considered a "public official" subject to the Public
Official and Employee Ethics Act (the "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 particularly, the requirements for filing Statements
of Financial Interests.
13-515 (Sandusky):
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 Policy Manager 2 following termination of
employment with the Pennsylvania Department of
Health (“Department of Health”).
OPINIONS (Ethics):
13-001 (Morton):
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 Representative
following termination of employment with the
Pennsylvania Department of Public Welfare (“DPW”).
OPINIONS (Lobbying):
13-1001 (Troy):
Re: Pursuant to Pennsylvania’s lobbying disclosure
law (“Lobbying Disclosure Law”), 65 Pa.C.S. § 13A01
et seq., whether a registered lobbyist would be
permitted to run for the office of borough mayor.
DETERMINATION (Gaming):
13-2001 (Campolongo):
Re: Whether service as an appointed judge of
election or as minority inspector of election in the 1st
ward 4th division in Philadelphia, Pennsylvania, would
bring an individual within the definition of the term
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“public official” as set forth in the Gaming Act at 4
Pa.C.S. § 1512(b), and therefore cause such
individual to be subject to the restrictions of the
Gaming Act at 4 Pa.C.S. § 1512(a), (a.1) and (a.2).
ORDERS:
1611 (Davis):
Re: This is a final adjudication of the State Ethics
Commission
1612 (Packrall):
Re: This is a final adjudication of the State Ethics
Commission
1613 (Bajsec):
Re: This is a final adjudication of the State Ethics
Commission
1614 (Nanni):
Re: This is a final adjudication of the State Ethics
Commission
1615 (Archie, Jr.):
Re: This is a final adjudication of the State Ethics
Commission
1616 (Gentile):
Re: This is a final adjudication of the State Ethics
Commission
ORDERS (Lobbying):
040-SL (MPSA of LC):
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.”
041-SL (Hyndman AHC):
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.”
042-SL (Conterra UB):
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. §
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13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
043-SL (CMS Comp.):
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.”
044-SL (VLN Partners):
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.”
045-SL (Tech.C.of CPA):
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.”
046-SL (N.W.C. Assoc.):
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.”
047-SL (N.C.E.F.):
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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