HomeMy WebLinkAbout2nd Qtr 2013
INDEX
State Ethics Commission
Quarterly Rulings for Second Quarter 2013
ADVICES (Ethics):
13-516:
Re: Whether, if you would accept a position as
either an A or a B with the C Program (hereinafter
“the Program”) of Political Subdivision D (hereinafter
“the Political Subdivision”) 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 if so, whether the
Ethics Act would impose prohibitions or restrictions
upon you relative to: (1) your private practice as an E;
or (2) your private practice providing F services to
clients.
13-517 (Gochenauer):
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
Civil Engineer Manager – Transportation following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
13-518 (Rawls, Sr.):
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 wife is employed by the school
district as a certified school nurse, with regard to
participating in labor contract negotiations on behalf of
the school district.
13-519 (Newcomer):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would prohibit a chief clerk of a county board of
elections from being designated by the county
commissioners to receive and retain, as required by
law, all Statements of Financial Interests filed with the
county by any candidates, nominees, public officials,
public employees, or solicitors.
13-520 (Bengel):
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
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participating in discussions or votes by the township
board of supervisors pertaining to an entity’s land
development plans for property located in the
township, where the individual, as a non-incumbent
candidate for township supervisor, accepted
approximately $6,500.00 in cash and in-kind
campaign contributions from the entity’s owners.
13-521 (Barna):
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
deputy county treasurer with regard to simultaneously
serving as a township tax collector.
13-522:
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 serving as a member and [officer] of a [type
of political subdivision] A, whose Relative B is
employed as a C with a [type of facility] owned and
operated by the [type of political subdivision], with
regard to voting--either in favor of or against--the [type
of political subdivision]: (1) exploring the terms of a
contract with an entity for the management of said
facility and approving such a contract; or (2)
approving a total sale of said facility.
13-523:
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
Commonwealth Department A as an annuitant under
the 95-day “return to state service” provision at 71
Pa.C.S. § 5706(A.1), with regard to providing services
related to the representation of Bs or Cs at Ds before
Es and Board F within Commonwealth Department A.
13-524 (Schrempf):
Re: Whether, pursuant to Section 1103(g) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1103(g), the former Chairman of the
Board of the Elizabeth Township Sanitary Authority
(“Authority”) would be prohibited from acting as a
compensated consultant to the Authority during the
first year following termination of his service on the
Authority Board.
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13-525:
Re: Whether 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.:
(1) in your current position as an A with the B
Program (hereinafter “the Program”) of Political
Subdivision C (hereinafter “the Political Subdivision”),
Pennsylvania; or (2) if you would be transferred to a
position as either a D or an E with the Program; and if
so, whether the Ethics Act would impose prohibitions
or restrictions upon you relative to your private
practice as an F or your private practice providing G
services to clients.
13-526:
Re: Whether, pursuant to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101
et seq., an individual who simultaneously serves as
an uncompensated member of: (1) an A; (2) a B; and
(3) a C would be permitted to seek employment with
the municipality in which the individual resides,
municipalities that comprise or are members of the D,
municipalities that are members of the C, or the
agencies that provide staff to the A, B, or C; and if so,
whether the Ethics Act would limit the ability of the
individual to represent such employer before the
aforesaid bodies.
13-527 (Blaine):
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 tax collector, who in a private capacity owns
a small printing business, with regard to submitting to
the township a proposal for printing the township’s tax
bills.
13-528 (Sherlock):
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 a bus driver with a school
district with regard to being elected and serving as a
school director for the school district, where the
individual intends to resign from her employment with
the school district if so elected.
13-529 (DeBias):
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 in a private capacity is
a party to legal proceedings opposing a business’
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request for a variance from the borough zoning
ordinance for a picnic park operated on land adjoining
the borough council member’s residential real
property, with regard to attending borough council
meetings or participating in discussions or votes by
borough council pertaining to such pending legal
proceedings.
13-530 (Kassab):
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 with regard to obtaining and using a real
estate license in her private capacity while serving as
a borough secretary/treasurer or borough assistant
secretary/treasurer.
13-531 (Lawler, Jr.):
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
seven school directors with regard to participating in
contract negotiations with the bargaining unit for the
school district’s teachers or voting on a contract with
the bargaining unit where: (1) four of the school
directors each have one immediate family member
employed as a teacher with the school district; (2) one
of the school directors has two immediate family
members employed as teachers with the school
district; (3) the father of one of the school directors is
a retired school district teacher; and (4) the husband
of one of the school directors is a retired school
district principal.
13-532 (Groh):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon a
borough building and zoning code administrator, who
is also a candidate for township supervisor, with
regard to performing his duties as a building and
zoning code administrator as to builder(s) and
developer(s) which contribute to his campaign.
13-533:
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
A for a [type of political subdivision], who along with
his wife has been discussing with a local developer
the possibility of investing in a development project
within the [type of political subdivision], with respect
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to: (1) entering into a business relationship with the
developer on a project not related to any [type of
political subdivision] project; or (2) participating in
discussions related to negotiations regarding the sale
to the developer of commercial property owned by the
[type of political subdivision].
13-534 (Eckhart):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would require a county controller to disclose, as gifts
on his Statement(s) of Financial Interests,
contributions to or disbursements from a
Pennsylvania non-profit corporation set up to pay the
county controller’s legal bills in relation to a quo
warranto action seeking to remove the county
controller from office.
13-535 (Smith):
Re: Whether, pursuant 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., the
following East Goshen Township entities would be
considered purely advisory boards: (1) the East
Goshen Township Park and Recreation Commission;
(2) the East Goshen Township Planning Commission;
(3) the East Goshen Township Historical Commission;
(4) the East Goshen Conservancy Board; (5) the
Commerce Commission; and (6) the Pension
Committee.
13-536 (Ward):
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
matters that would financially impact a volunteer fire
company of which the borough council member is
deputy chief and treasurer.
13-537 (Garner):
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
Chairman of the Board of the Pottstown Borough
Authority (“Authority”) with regard to contracting with
Council of the Borough of Pottstown (“Borough”) to
serve as a consultant/project manager for the
Borough’s Heritage Action Plan.
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13-538 (Hafner, II):
Re: Whether a Director of Community Affairs for a
Pennsylvania State Senator 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 with regard to
serving as a member of the board of directors of each
of two non-profit social services agencies.
13-539 (Mitman):
Re: Whether, in your capacity as Executive
Director of Easton Area Industrial Land Development
Company, Inc. (“EAILD”), you would be considered a
“public employee” or a “public official” subject to the
requirements for filing Statements of Financial
Interests pursuant to the Public Official and Employee
Ethics Act (the “Ethics Act”), 65 Pa.C.S. § 1101 et
seq.
13-540 (Means):
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 with regard to renting unused
garage space in a township municipal building to work
on robotic equipment.
13-541 (Berger):
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 in a private capacity is
a member of the local Lions Club, with regard to
participating in discussions or votes by borough
council pertaining to the local Lions Club’s proposal to
use a community building to hold meetings and other
events.
13-542 (Croom):
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 with regard to voting on a labor
contract with the bargaining unit for the school
district’s teachers, where the school director’s son is
employed as a teacher with the school district and is a
member of the bargaining unit.
13-543 (Rudloff):
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
borough council member, who in a private capacity is
a member of the local Lions Club, with regard to
participating in discussions or votes by borough
council pertaining to the local Lions Club’s proposal to
use a community building to hold meetings and other
events.
13-544 (Myers):
Re: Whether, upon assuming office as a borough
council member, an individual 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 before borough council
pertaining to a community center that employs his
spouse.
13-545:
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
employment of the A of the B Office within
Commonwealth Agency C following termination of
Commonwealth service.
13-546:
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 a municipal water authority, who in a
private capacity owns an A company, with regard to
entering into: (1) a contract with the municipal water
authority for A services for a B project; or (2) annual
contracts with the municipal water authority that
require A services.
13-547:
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
Program Analyst 3 following termination of
employment with the Pennsylvania Department of
Public Welfare (“DPW”).
ORDERS:
1610-2 (Nenstiel):
Re: This is a final adjudication of the State Ethics
Commission
1617 (Luckenbill):
Re: This is a final adjudication of the State Ethics
Commission
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