HomeMy WebLinkAbout3rd Qtr 2015
INDEX
State Ethics Commission
Quarterly Rulings for Third Quarter 2015
ADVICES (Ethics):
15-544 (Kaufmann):
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
Superintendent of Record of the York County School
of Technology (“YCST”), who also serves as the
Superintendent of the South Eastern School District
(“School District”), with regard to participating in
matters in which an individual employed as the
Information Technology Manager for YCST would
represent administrative employee(s) of YCST, if such
individual would be elected as a School Director for
the School District.
15-545 (McFarland):
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 an Investigator Supervisor
with the Pennsylvania Gaming Control Board with
regard to simultaneously serving as a part-time police
officer for a borough which is located in a county that
does not have any licensed gaming facilities.
15-546 (Harter):
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”).
15-547:
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
attorney whose law firm handles A cases exclusively,
and who plans to sell his law firm or merge it with
another law practice and commence employment with
the Commonwealth of Pennsylvania as the B of
Governmental Body C within Commonwealth Agency
D; and in particular, whether such attorney would be
permitted to: (1) accept installment payments from the
lawyer/law firm which would acquire his interest in his
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law firm; (2) accept legal fees paid pursuant to Es and
Fs for cases handled by his law firm that ended
before or were awaiting decision when he accepted
the aforesaid Commonwealth employment position; or
(3) have involvement with cases handled by his law
firm that were pending decision at the time he
accepted the aforesaid Commonwealth employment
position.
15-548 (Rowles):
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
Historic Preservation Specialist following termination
of employment with the Pennsylvania Department of
Transportation (“PennDOT”).
15-549 (Deklinski):
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
Governor’s Office of Administration as an annuitant
under the 95-day “return to state service” provision at
71 Pa.C.S. § 5706(A.1), with regard to engaging in
direct contact with the Governor’s Office of
Administration or other agencies under the
Governor’s jurisdiction as an employee of a consulting
firm.
15-550:
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, who
in his private capacity as a B and C has a “financial
interest” as that term is defined in the Ethics Act in
certain companies, with regard to participating in
matters that would involve the Ds in which such
companies operate but that would not directly relate
to such companies or any entities in which his E has a
financial interest.
15-551 (Avolio):
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 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
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only collect and settle taxes during any incapacitation
of the tax collector.
15-552 (Heeter):
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”).
15-553 (Hubbard):
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
Professional Conduct Investigator 1 following
termination of employment with the Pennsylvania
Department of State (“Department of State”).
15-554 (Solt):
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
Supervisor for Eldred Township with regard to voting
on plans, applications, or other issues regarding the
extraction of spring water from a parcel of land in
Eldred Township by Deer Park/Nestlé Waters USA,
where the Supervisor’s spouse is employed by Nestlé
Purina PetCare, Inc.
15-555 (Bridges):
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 vacancy board
with regard to voting to appoint an individual who
resides with him and is his business partner in a
geologic consulting firm to fill a vacancy on the
township board of supervisors.
15-556 (Mauro):
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
council member, whose father is employed by the city
as the city engineer, with regard to voting on an
annual city budget that would include her father’s
salary as an item within the city public works
department budget.
15-557 (Cabaday):
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
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individual employed as a part-time secretary with the
police department of a first class township with regard
to seeking election or simultaneously serving as a
commissioner for the township.
15-558 (Brunozzi):
Re: Whether, pursuant to Section 1103(a) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1101 et seq., a borough council member
would have a conflict of interest with regard to voting
on matter(s) pertaining to a proposed natural gas
electric power generating plant (“the Plant”) seeking
to be located in the borough, including but not limited
to an application for a curative amendment to the
borough’s zoning ordinance, where:
15-559 (Shaver):
Re: Whether, pursuant to Section 1103(g) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1103(g), an individual formerly
employed as the Director of the Bureau of Emergency
Management Technical Services within the
Pennsylvania Emergency Management Agency
(“PEMA”) would be permitted during the first year
following termination of Commonwealth employment
to serve in a non-compensated position as the
representative to the Pennsylvania 911 Board for the
Pennsylvania Fire and Emergency Services Institute.
OPIONIONS (Ethics):
15-003:
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 A, or upon an A employee
(“Staff Member”) serving as the B and as the C, with
regard to, or as a result of, a D where: (1) the State
Legislator would \[type of activity\] and become an E of
a private F G; (2) the Staff Member would become an
H of such F G; (3) none of the \[types of activities\] of
the F G by the State Legislator or any of the Hs of the
F G would utilize state resources or be performed in
any State-owned office; (4) all required disclosures as
to reportable \[type of information\] and \[type of
information\] would be made on the State Legislator’s
and Staff Member’s respective Statements of
Financial Interests; and (5) the Staff Member’s \[type
of activity\] the F G would be voluntary and would not
affect in a positive or negative way the Staff Member’s
status as an employee of the State Legislator.
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ORDERS (ETHICS):
1659 (Colon):
Re: This is a final adjudication of the State Ethics
Commission
1660 (Minus):
Re: This is a final adjudication of the State Ethics
Commission
1661 (Schioppa):
Re: This is a final adjudication of the State Ethics
Commission
1662 (Staymates):
Re: This is a final adjudication of the State Ethics
Commission
1663 (Carr):
Re: This is a final adjudication of the State Ethics
Commission
1664 (Corson):
Re: This is a final adjudication of the State Ethics
Commission
1665 (Jackson):
Re: This is a final adjudication of the State Ethics
Commission
1666 (Johnson):
Re: This is a final adjudication of the State Ethics
Commission
1667 (Johnson):
Re: This is a final adjudication of the State Ethics
Commission
1668 (Mosley):
Re: This is a final adjudication of the State Ethics
Commission
1669 (Trice):
Re: This is a final adjudication of the State Ethics
Commission
1670 (Truxon):
Re: This is a final adjudication of the State Ethics
Commission
1671 (Dawkins):
Re: This is a final adjudication of the State Ethics
Commission
1672 (Giles):
Re: This is a final adjudication of the State Ethics
Commission
1673 (Little-Johnson):
Re: This is a final adjudication of the State Ethics
Commission
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1674 (Nguyen):
Re: This is a final adjudication of the State Ethics
Commission
1675 (Parente):
Re: This is a final adjudication of the State Ethics
Commission
1676 (Pritchett):
Re: This is a final adjudication of the State Ethics
Commission
1677 (Rohrbaugh):
Re: This is a final adjudication of the State Ethics
Commission
1678 (White-Boatright):
Re: This is a final adjudication of the State Ethics
Commission
1679 (Winters):
Re: This is a final adjudication of the State Ethics
Commission
1680 (Woods):
Re: This is a final adjudication of the State Ethics
Commission
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