HomeMy WebLinkAbout4th Qtr 2013
INDEX
State Ethics Commission
Quarterly Rulings for Fourth Quarter 2013
ADVICES (Ethics):
13-560-S (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
Pennsylvania-based law firm as an employee, where:
(1) the law firm created a limited liability corporation to
provide government relations assistance for clients of
the law firm and/or the limited liability corporation; and
(2) the Pennsylvania State Senator would not be an
employee of the limited liability corporation and would
not lobby on behalf of clients of either the limited
liability corporation or the law firm itself.
13-566:
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 for Commonwealth
Agency B with regard to accepting a prize valued at
less than $100 that was awarded to the individual as
a result of participating in a \[type of contest\] included
in an email sent to the individual’s Commonwealth
email account by a \[type of vendor\].
13-567 (Leight):
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 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. §
5706(A.1), with regard to performing services for the
Department of Education as an independent
contractor.
13-568:
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
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individual serving as a school director with regard to
applying for or being appointed to the position of A for
the school district, where the individual would resign
from the school district school board if chosen for
employment in such position.
13-569:
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 State
Legislator with regard to providing private A services
to business(es) as a B C between such business(es)
and political subdivision(s) located outside or within
the boundaries of the State Legislator’s legislative
district.
13-570:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon two As
for \[name of political subdivision\] (“the Political
Subdivision”), Pennsylvania, as to: (1) authorizing the
expenditure of public funds to advocate and educate
residents of the Political Subdivision with regard to
proposed changes to the Political Subdivision’s
current B; or (2) advocating during work hours with
regard to proposed changes to the Political
Subdivision’s current B.
13-571 (Carney):
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 Special
Assistant to the Secretary of Education or an
Executive Assistant for the Pennsylvania Department
of Education (“Department of Education”) with regard
to accepting an invitation to attend with waived
registration fees a conference to be held by the
Pennsylvania Coalition of Public Charter Schools.
13-572 (Ruffaner):
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 with regard to the hiring of
his son for the position of part-time borough police
officer.
13-573 (Bowser):
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 with regard to the hiring of
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his grandson for the position of part-time borough
maintenance worker.
13-574 (Stanton, Jr.):
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
school director as a result of his service, in a private
capacity, as a volunteer on the organizing committee
of a Boys and Girls Club.
13-575 (Gaines, P.E.):
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 Civil
Engineer Manager - Transportation following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
13-576:
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 State
Legislator serving in the \[Chamber of the General
Assembly\] (the “Chamber”) with regard to being a co-
owner of an A that would be principally utilized by
\[certain parties\] to \[engage in transactions involving
certain items\].
13-577 (Ruslewicz, P.E.):
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 Supervisor – Transportation
following termination of employment with the
Pennsylvania Department of Transportation
(“PennDOT”).
13-578 (Evanko, P.E.):
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”).
13-579 (Nazar):
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 Manager 3 following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
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13-580 (Cover):
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
Network Administrator 1 following termination of
employment with the Pennsylvania Liquor Control
Board (“PLCB”).
13-581 (Claycomb):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon: (1) a borough
secretary with regard to acting as a consultant to the
borough council following termination of service with
the borough council; or (2) a corresponding secretary
for a municipal authority with regard to acting as a
consultant to the municipal authority board following
termination of service with the municipal authority.
13-582 (Garner):
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
member and chairman of the board of a municipal
authority, who in a private capacity is the
Pennsylvania sales representative for a manufacturer,
with regard to the municipal authority purchasing a
paving product from the manufacturer.
13-583:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of an A
following termination of employment with
Commonwealth Department B.
13-584 (Naugle):
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 who is serving as both a borough council
member and a member of a municipal authority board
with regard to: (1) voting in either or both of her
aforesaid capacities on an issue that would be before
both the borough council and the municipal authority
board; or (2) voting as a borough council member on
appointments or reappointments of authority board
members.
13-585 (Skypala):
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
township supervisor with regard to voting on the
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township’s proposed 2014 budget, where: (1) the
township supervisor’s wife is employed as the head of
the township recreation department; and (2) the
township’s proposed 2014 budget contains a $10,000
salary increase for the township supervisor’s wife in
order to bring her salary in line with the salaries of
other comparable township department heads.
13-586 (Stevens):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would require an individual serving as a borough
council member: (1) to immediately resign from
borough council if the individual would submit a
resume to the borough for the position of borough
manager; or (2) to resign from borough council prior
to interviewing for the position of borough manager.
13-587 (Lewis, Jr.):
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 serving as a school director
for a school district where the individual, in a private
capacity, is the majority stockholder of an S
corporation that has school bus contracts with the
school district.
13-588 (Marks):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
imposes prohibitions or restrictions upon a member
and chairman of a township zoning hearing board with
regard to simultaneously serving as: (1) a member of
a municipal authority board; or (2) a member of a
regional authority board.
13-589 (Largey):
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 employed as a water operator with a
township with regard to simultaneously serving as a
township auditor.
OPIONIONS (Ethics):
13-005:
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
State Legislator serving in the \[Chamber of the
General Assembly\], who is an A of the B of \[name of
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educational institution\] (the “Institution”), with regard
to: (1) teaching a course on Subject C at the
Institution as a D while serving on the Institution’s B;
or (2) receiving payment for teaching such course.
13-006 (Corey):
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 expenses for the following:(1) postage, printing,
the transmission of electronic mail and robotic
telephone calls for otherwise permissible mass
communication to residents of their “new” legislative
districts as determined by the final Reapportionment
Plan of the Legislative Reapportionment Commission
for the Pennsylvania House of Representatives
affirmed by the Pennsylvania Supreme Court; and/or
(2) the conduct of town halls, fairs and other types of
events in their “new” legislative districts.
13-007 (Winkelman):
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.
OPIONIONS (Lobbying):
13-1002 (Am.Wat.Work.):
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.
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DETERMINATION OF THE COMMISSION:
13-2003 (Benestad):
Re: Whether Mr. Komorowski’s service as a
Pennsylvania constable would bring him within the
definitions of the terms “executive-level public
employee” or “public official” as set forth in the
Gaming Act at 4 Pa.C.S. §§ 1103, 1512(b), and
therefore cause him to be subject to the restrictions of
the Gaming Act at 4 Pa.C.S. § 1512(a), (a.1) and
(a.2).
ORDERS (Ethics):
1620 (Jones-Butler):
Re: This is a final adjudication of the State Ethics
Commission
1621 (Thomas):
Re: This is a final adjudication of the State Ethics
Commission
1622 (Robinson-Howell):
Re: This is a final adjudication of the State Ethics
Commission
1623 (Tvardzik):
Re: This is a final adjudication of the State Ethics
Commission
ORDERS (Lobbying):
057-SL (Rite Aid):
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.”
058-SL (PA Econ. Leag.):
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.”
059-SL (Z.S. of Pitts.):
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.”
060-SL (P.L.U.S.):
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):
420-S (Slider):
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.
421-S (Irey):
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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