HomeMy WebLinkAbout1st Qtr 2015
INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2015
ADVICES (Ethics):
14-553-S (Pulaski Twp.):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon either
of two members of a three-member township board of
supervisors with regard to making a motion on an
energy company’s request for conditional use
approval for installation of a well pad on land owned
by one of the township supervisors, where: (1) each
of the two township supervisors would have a direct
financial interest in the conditional use application;
and (2) the third township supervisor is an employee
of the energy company and would recuse herself from
any proceeding involving the conditional use
application.
15-500 (Hartman):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon either
of two public officials, both of whom are members of a
municipal authority board and one of whom also
serves as a township supervisor, with regard to
participating in negotiations, meetings, discussions,
deliberations, written and electronic communications,
and/or vote(s) pertaining to a proposed sewage
system in the township when: (1) the residence of
one of these public officials might be required to be
connected to the proposed sewage system; and (2)
the residence of the parents of the other public official
is located about one mile from one of the proposed
locations for a sewage treatment plant for the
proposed sewage system.
15-501:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon the
Political Subdivision A Public Official B with regard to
soliciting vendors which currently do business with the
office of the Political Subdivision A Public Official B
and/or Political Subdivision A for money to help defray
the cost of the C D.
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15-502/15-1500:
Re: Whether Section 1103(g) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., would impose restrictions upon
employment of an A for Governmental Body B
following termination of employment with
Governmental Body B; and whether Pennsylvania’s
lobbying disclosure law (“Lobbying Disclosure Law”),
65 Pa.C.S. § 13A01 et seq., would impose
prohibitions/requirements upon such individual if the
individual would engage in lobbying.
15-503 (Kovach):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would require a Senior Prosecutor in Charge for the
Pennsylvania Department of State to disclose on his
Statement(s) of Financial Interests payments made to
his wife which are deposited into the joint checking
account he holds with his wife, where such payments
are made for his wife to purchase gift cards on behalf
of buyers pursuant to a fundraising program in which
his wife’s employer is a participant.
15-504 (Wild):
Re: Whether, upon assuming part-time
employment as a city solicitor, an individual who is a
partner in a law firm would have a conflict of interest
under Section 1103(a) of the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103
et seq., in matters pertaining to open litigation cases
which were contracted to the law firm by the prior city
solicitor, where the individual would continue to be a
partner in the law firm after becoming the city solicitor.
15-505 (Butler):
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 a three-member township
board of supervisors, who is employed by a municipal
authority, with regard to seconding or voting on a
motion to appoint an individual as a member of the
board of the municipal authority, where the individual
to be appointed is the spouse of another township
supervisor who would abstain from voting on such
appointment.
15-506 (Diehl):
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 Deputy
Secretary of Legislative Affairs for the Office of the
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Governor following termination of Commonwealth
employment.
15-507 (Sharrar):
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 tax collector with regard to appointing her
daughter to the position of deputy tax collector, where
factually, whoever would be appointed as the deputy
tax collector would receive no compensation and
would only collect and settle taxes during any
incapacitation of the tax collector.
15-508 (Miakar):
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 commissioner with regard to voting on: (1)
proposed revisions to the township zoning ordinance
and the township zoning map which contain
provisions for oil and gas exploration and extraction
by the use of conventional and unconventional wells;
or (2) conditional use applications for the removal of
oil or gas from properties in area(s) where properties
owned by the township commissioner and his wife or
by the township commissioner’s parents are located,
where the township commissioner and his wife and
the township commissioner’s parents have oil and gas
leases for such properties and the township
commissioner’s son is employed as a geologist with
the energy company holding such leases.
15-509 (Mills):
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 tax collector with regard to appointing her
husband to the position of deputy tax collector, where
factually, whoever would be appointed as the deputy
tax collector would receive no compensation and
would only collect and settle taxes during any
incapacitation of the tax collector.
15-510 (Brazil, 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
borough council member with regard to purchasing a
surplus generator from the borough
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15-511:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of the A
for the B following termination of Commonwealth
employment.
15-512 (Fischer):
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 tax collector with regard to appointing his
wife to the position of deputy tax collector, where
factually, whoever would be appointed as the deputy
tax collector would receive no compensation and
would only collect and settle taxes during any
incapacitation of the tax collector.
15-513 (McMullin):
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 tax collector with regard to appointing his
wife to the position of deputy tax collector, where
factually, whoever would be appointed as the deputy
tax collector would receive no compensation and
would only collect and settle taxes during any
incapacitation of the tax collector.
15-513 (McMullin):
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 tax collector with regard to appointing his
wife to the position of deputy tax collector, where
factually, whoever would be appointed as the deputy
tax collector would receive no compensation and
would only collect and settle taxes during any
incapacitation of the tax collector.
15-514:
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
of the B within Commonwealth Agency C following
termination of Commonwealth employment.
15-515 (Duke):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon the
former Secretary of Aging for the Commonwealth of
Pennsylvania with regard to submitting a proposal to
the United Way of Greater Philadelphia and Southern
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New Jersey to serve as a project consultant for a
model named “Aging at Home – A Community
Network.”
15-516 (DeLacio):
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”).
15-517 (Bernstein):
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
Deputy Chief of Staff for the Governor’s Office
following termination of Commonwealth employment.
15-518 (Clarke):
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 who retired from
employment with a school district and would be
subsequently elected as a school director in the
school district would have a conflict of interest with
regard to school district employee and health
insurance contracts or other matters before the school
district school board, where the individual receives
from the school district health insurance benefits for
himself and his wife as part of his retirement package.
15-519 (Scalise):
Re: Whether, as a Traffic Control Specialist for 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 upon
termination of your employment with PennDOT, the
restrictions of Section 1103(g) of the Ethics Act would
be applicable to you.
15-520 (McCombie):
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”).
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15-521 (Korns):
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: (1)
proposed revisions to the township zoning ordinance
and the township zoning map which contain
provisions for oil and gas exploration and extraction
by the use of conventional and unconventional wells;
or (2) conditional use applications for the removal of
oil or gas from properties in area(s) where properties
owned by the township supervisor and his wife are
located, when the township supervisor and his wife
have oil and gas leases for their properties.
15-522 (Krum):
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 serving as a School Director with regard to
simultaneously serving as a Magisterial District
Judge.
15-523 (Nesbit):
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 of the Pennsylvania House of
Representatives with regard to submitting a weekly
news column to a newspaper with circulation in the
Member’s legislative district, where: (1) the Member
represents the newspaper in his private practice as an
attorney; (2) the Member would not be paid or receive
any compensation for the column; and (3) the column
would be distributed to other media news sources to
use in their publications if they would desire to do so.
15-524 (Albertini):
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, whose son is an employee of the
township public works department, with regard to
voting on a collective bargaining agreement that
would cover the employees of the township public
works department.
15-525 (Riley):
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 a township board of
supervisors, whose son is an employee of the
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township public works department, with regard to
voting on a collective bargaining agreement that
would cover the employees of the township public
works department.
OPIONIONS (Ethics):
15-001 (Witt):
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 city
mayor and members of a city council with regard to
participating as to a proposed arrangement to support
nonprofit organizations in the city by which: (1) the
city council would approve a list of nonprofit
organizations located or operating within the city; and
(2) businesses or organizations could then make a
donation to one of the nonprofit organizations on the
list approved by the city council, after which the city
mayor would wear a shirt bearing the name and logo
of the donor business or organization at a public
meeting of the city council.
15-002 (Deschler):
Re: Whether a Member of the Human Relations
Commission of the City of Bethlehem would be
considered a "public official" 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 particularly, the requirements for filing Statements
of Financial Interests.
DETERMINATION OF THE COMMISSION:
15-2001 (Doherty,III):
Re: Whether service as Vice-Chairman of the
Board of the Cumru Township Authority would bring
an individual within the definition of the term “public
official” as set forth in the Gaming Act at 4 Pa.C.S. §
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):
1650 (Angelo):
Re: This is a final adjudication of the State Ethics
Commission
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1651(Pickron):
Re: This is a final adjudication of the State Ethics
Commission
1652 (Petro): Re: This is a final adjudication of the State Ethics
Commission
1653 (Talley): Re: This is a final adjudication of the State Ethics
Commission
ORDERS (SFI):
432-S (Lansinger):
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.
433-S (Avila):
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.
434-S (Howard):
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.
435-S (McLaughlin):
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.
436-S (Adams):
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.
437-S (Bryson):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
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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.
438-S (Charleston):
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.
439-S (Cinsoete):
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.
440-S (DeLoach):
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.
441-S (Magee):
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.
442-S (Velez):
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.
ORDERS (Lobbying):
076-SL (Big Bro./Sis.):
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.”
077-SL (Nueva Esper.):
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.”
078-SL (Big Bro./Sis.):
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.”
079-SL (Schirra 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.”
080-SL (PA A.M.In.C.):
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.”
081-SL (PA Auto Recy.):
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.”
082-SL (A.A.D.E.):
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.”
083-SL (Pittsburgh Op.):
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.”
084-SL (3 Click Solut.):
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.”
085-SL (Pocket Pets):
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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