HomeMy WebLinkAbout3rd Qtr 2013
INDEX
State Ethics Commission
Quarterly Rulings for Third Quarter 2013
ADVICES (Ethics):
13-548:
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 part
owner of a corporation that provides [type of
services], with regard to participating/voting as to
contracts, bills, or other matters involving
business(es) to which the corporation provides
services that are unrelated to township projects.
13-549 (Allwein):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would require a borough council member to be off
borough council for one year prior to accepting a
position as the borough manager.
13-550 (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
Drug and Alcohol Licensing Specialist following
termination of employment with the Pennsylvania
Department of Drug and Alcohol Programs
(“Department of Drug and Alcohol Programs”).
13-551 (Sellitto):
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 Assistant Director of the Bureau of Teaching and
Learning within the Pennsylvania Department of
Education following termination of Commonwealth
service.
13-552 (Safran):
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 Education (“Department
of Education”) as an annuitant under the 95-day
“return to state service” provision at 71 Pa.C.S. §
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5706(A.1), with regard to performing such services for
the Department of Education as a contractor as
opposed to as an annuitant.
13-553 (Price,III):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibition or restrictions upon an
individual with regard to simultaneously serving as a
borough tax collector and a borough treasurer.
13-554/13-1501:
Re: Whether the Public Official and Employee Ethics
Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., and/or
Pennsylvania’s lobbying disclosure law (“Lobbying
Disclosure Law”), 65 Pa.C.S. § 13A01 et seq., would
impose prohibitions, restrictions, or requirements
upon a State Legislator who is a Member of the
Pennsylvania [Chamber of the General Assembly]
(“the Chamber”) and the A, and who, in a private
capacity, is a B, with regard to joining [a type of firm]
(“the Firm”) either as a C or D, where: (1) the Firm
currently [provides certain services to] the A as to an
E that commenced before the State Legislator
considered F; (2) the State Legislator does not hold a
G in the A; (3) if the State Legislator would join the
Firm, the State Legislator would not exercise any
influence concerning whether the Firm should be
utilized as H by the A or any I Member of the
Chamber; (4) the Firm is registered as a lobbying firm
with the Pennsylvania Department of State; and (5)
the State Legislator would not be engaged in
lobbying.
13-555 (Meagher,III):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon an
individual with regard to contracting to act as a
consultant to a non-profit corporation in her private
capacity while serving as a county commissioner,
where the non-profit corporation has a contract with a
program that receives funding from the county.
13-556:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon an individual who,
following retirement from the Commonwealth of
Pennsylvania, has provided services to
Commonwealth Agency A as an annuitant under the
95-day “return to state service” provision at 71
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Pa.C.S. § 5706(A.1), with regard to engaging in
interactions with Commonwealth Agency A and its Bs
and employees that would not involve promised or
actual compensation.
13-557 (Smallman):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of a
Senior Civil Engineer Manager following termination
of employment with the Pennsylvania Department of
Transportation (“PennDOT”).
13-558 (Gibson):
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
Constable with regard to simultaneously serving as a
Civilian Processor I for the Borough of Pottstown
(“Pottstown”) Police Department.
13-559 (Wilmont):
Re: Whether, pursuant to Section 1103(a) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1103(a), an individual employed with a
township’s road department would be permitted to
continue serving in his current employment position
with the township if the individual would be elected as
a supervisor for the township.
13-560 (Teplitz):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions, restrictions, or
requirements upon a Pennsylvania State Senator,
who in a private capacity is an attorney licensed to
practice law in Pennsylvania, with regard to joining a
law firm as a part-time salaried employee.
13-561 (Leonard):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of a
Transportation Construction Inspector Supervisor
following termination of employment with the
Pennsylvania Department of Transportation
(“PennDOT”).
13-562 (Smith):
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 council member, whose son is employed
with the borough’s public works department, with
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regard to participating in matter(s) involving the
borough’s public works department.
13-563 (Bendo):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of a
Highway Design Manager following termination of
employment with the Pennsylvania Department of
Transportation (“PennDOT”).
13-564 (Daugherty):
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 mayor with regard to simultaneously serving
as a county deputy sheriff.
13-565 (Mannino):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of a
Special Assistant to the Revenue Commissioner of
the City of Philadelphia (“City”) following termination
of employment with the City.
OPIONIONS (Ethics):
13-002 (1):
Re: Waiver of Confidentiality and Request for
Publication of Confidential Opinion 13-002.
13-002 (2):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would prohibit Pennsylvania State Representatives
(“State Representatives”) from using public funds to
pay otherwise allowable expenses for postage and
printing services for otherwise permissible mailings,
where such mailings would be to residents of the
State Representatives’ “new” legislative districts as
determined by the final Reapportionment Plan of the
Legislative Reapportionment Commission affirmed by
the Pennsylvania Supreme Court.
13-002 (3):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would prohibit Public Official As from using public
funds to pay otherwise allowable expenses for [types
of costs] for otherwise permissible Bs, where such Bs
would be to Cs of the Public Official As’ Ds as
determined by the E affirmed by the F.
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13-003 (Raphael):
Re: Whether the Public Official and Employee
Ethics Act would impose any prohibitions or
restrictions upon an individual serving as the Director
of the Bureau of District Oil and Gas Operations
(“Bureau”) within the Pennsylvania Department of
Environmental Protection (“Department”) with regard
to performing the duties of his Commonwealth
position where: (1) in a private capacity, the individual
is a protector of a family trust that includes rental and
royalty interests in gas leases on family-owned
property in the Commonwealth; (2) no drilling activity
is currently taking place on such property and no
royalties are currently being paid or accrued; and (3)
the drilling of oil or gas wells on such property and
related activities would be subject to the Bureau’s
regulatory oversight
13-004 (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.
DETERMINATION OF THE COMMISSION:
13-2002 (Shelly):
Re: Whether service as a Towamencin Township
District 1-2 Democratic Committee Person would
bring an individual within the definitions of the terms
“party officer” or “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 (Ethics):
1618 (Stinson):
Re: This is a final adjudication of the State Ethics
Commission
1619 (Holden):
Re: This is a final adjudication of the State Ethics
Commission
ORDERS (Lobbying):
048-SL (Astrum Solar):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
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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.”
049-SL (Amer. Chem.):
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.”
050-SL (Clean Water):
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.”
051-SL (Cease Fire 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.”
052-SL (Ahold 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.”
053-SL (Matrix Dev.):
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.”
054-SL (PA Nat. Guard):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
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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.”
055-SL (Nat. Safety):
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.”
056-SL (Synergy Estate):
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):
414-S (Montemurro):
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.
415-S (Listenbee):
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.
416-S (Vandusen):
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.
417-S (Johnstone):
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
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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.
418-S (Gallick):
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.
419-S (Crumby):
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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