HomeMy WebLinkAbout1st Qtr 2016
INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2016
ADVICES (Ethics):
16-500 (Benedetto): 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 having contact with the
Department of Education under a contract with an
intermediate unit.
16-501 (Slusser): 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 Real
Estate Specialist following termination of employment
with the Pennsylvania Department of Transportation
(“PennDOT”).
16-502 (Marcovici): 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 (“Commonwealth”), has provided
services to the Pennsylvania Department of Human
Services (“Department of Human Services”) 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 Human
Services as a contract employee for an employment
agency that has a contract with the Commonwealth.
16-503 (Ernst): 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 performing the duties of his
newly-elected position as a township supervisor,
where: (1) the individual is employed with a company
owned by his nephew; (2) the aforesaid company
currently has a one-year contract with the township to
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provide service and maintenance for the HVAC
equipment in the township’s buildings; (3) the
individual is self-employed with his own electrical and
mechanical business; (4) the individual has rental
properties that are not located in the township; and (5)
the individual’s wife is employed as the township
secretary/treasurer.
16-504 (Anderson): 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 Supervisor following termination of
employment with the Pennsylvania Department of
Transportation (“PennDOT”).
16-505 (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
member and vice chairman of a township board of
supervisors, who is also an employee of a county
municipal authority, with regard to voting on matter(s)
pertaining to the potential sale of the township
municipal authority, where the county municipal
authority might be interested in buying the township
municipal authority.
16-506 (Grinberg): 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
Deputy Executive Director of the Pennsylvania
eHealth Partnership Authority (“Authority”) following
termination of Commonwealth employment.
16-507: 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 a \[type of governmental body\] following termination
of service with the \[type of governmental body\].
16-508 (Adamitis): 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 an unpaid deputy tax collector
for a borough with regard to simultaneously serving
as a member of council for the borough.
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16-509 (Barbin): 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, who is employed by a municipal
authority, with regard to voting on the appointment of
member(s) of the municipal authority board.
16-510 (Abert): 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 a request
by the township land preservation board to preserve a
property for open space, where such property is
owned by the township supervisor’s financial advisor.
16-511 (Hildebrand, 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
township supervisor with regard to participating in
matters before the township board of supervisors that
would financially impact a volunteer fire company
which is designated as the officially recognized fire
company for the township, where the township
supervisor is the fire chief of the volunteer fire
company.
16-512 (Chamberlain): 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 husband is an employee
of the township road department, with regard to voting
on: (1) the annual township budget; (2) annual pay
raises for township employees; (3) boot allowances
and uniform allotments for road department
employees; (4) end of year bonuses; (5) changes to
township-provided health and life insurance benefits;
or (6) the bi-weekly township payroll.
16-513 (McGee): 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
Assistant Highway District Engineer following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
16-514 (Owens): 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
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Utility Relocation Administrator 1 following termination
of employment with the Pennsylvania Department of
Transportation (“PennDOT”).
16-515 (Wilson): 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
Member of the City Council of the City of Harrisburg
following termination of service with City Council.
16-516 (Cort): 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 performing the duties of her
newly-elected position as a township supervisor,
where the individual has a contract with the township
to provide communications consulting services to the
township.
16-517 (Karasek): 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 chairperson of a five-member township
board of supervisors with regard to performing the
duties of his public position if his father would be
appointed to a paid position with the township by the
other four members of the township board of
supervisors.
16-518 (Joy): 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 mayor with regard to: (1) receiving
compensation for assisting with snow removal in the
borough; or (2) receiving compensation on a per diem
basis for performing other work for the borough.
16-519 (Kilkenny): 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 serving as a
county sheriff would have a conflict of interest in
matter(s) pertaining to contract(s) between the county
sheriff’s office and an abstract company for the
performance of title searches, where: (1) the
individual was previously an equity shareholder in a
law firm; (2) the individual left the law firm and
receives monthly compensation from the law firm
pursuant to a buyout agreement; and (3) an equity
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shareholder in the law firm is also an equity
shareholder in the abstract company.
16-520 (Jewell): 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 Member of the Pennsylvania
Gaming Control Board, who in a private capacity is an
independent contractor to a consulting firm, with
regard to marketing the consulting firm’s professional
services to various Commonwealth entities.
16-521 (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
township supervisor, who is the fire chief and
president of one of twelve recognized volunteer fire
departments that provide fire protection services for
the township, with regard to voting on: (1) the current
reimbursement of costs and fees to the recognized
volunteer fire departments; (2) the proposed
consolidation of the recognized volunteer fire
departments to form a new township fire bureau; or
(3) the acquisition of the assets of the recognized
volunteer fire departments and the assumption of debt
associated with such assets as part of the transition to
a township fire bureau.
OPIONIONS (Ethics):
16-001: Re: Whether, pursuant to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101
et seq., an employee of the A or a State Legislator
serving in the A (“State Legislator No. 1”) would have
any obligation to report on their respective Statements
of Financial Interests filed pursuant to the Ethics Act
travel expenses paid by another State Legislator
serving in the A (“State Legislator No. 2”), and/or by
the affiliated business of State Legislator No. 2,
where: (1) the aforesaid individuals travelled jointly;
(2) only Commonwealth officials/employees were
included in the travel; (3) the travel expenses were
legislative related and could have been properly
reimbursed through the A if the A employee or State
Legislator No. 1 had incurred the expense; and (4)
State Legislator No. 2 could have obtained, but did
not choose to obtain, reimbursement of the travel
expenses through Public Official B of the A.
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16-001: Re: Whether, pursuant to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101
et seq., an employee of the A of the B who is subject
to the Ethics Act would be required to disclose on his
Statement(s) of Financial Interests the value of
attendance at a \[number of days\] training program,
where: (1) the costs of the seminars and training,
lodging and most of the food offered during this
\[number of days\] period were paid by J; and (2) such
expenses could have been, but were not, reimbursed
by the Comptroller of the B; and if reportable, whether
the costs paid for attendance at the training program
would be considered gift(s) or transportation, lodging
and/or hospitality.
ORDERS (Ethics):
1686 (Gibbs): Re: This is a final adjudication of the State Ethics
Commission
1687 (Fitzgerald): Re: This is a final adjudication of the State Ethics
Commission
1688 (Taylor): Re: This is a final adjudication of the State Ethics
Commission
ORDERS (SFI):
461-S (Boyle): 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):
107-SL (Novell, Inc.): 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.”
108-SL (Elon Group): 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
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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.”
109-SL (Lehigh Valley): 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.”
110-SL (PA Con.Credit): 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.”
DETERMINATION OF THE COMMISSION:
16-2001 (Jonas): Re: Whether service as members of the board of
directors of the Montgomery County Development
Corporation (“MCDC”) would bring the subjects of the
instant determination request 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 them to be
subject to the restrictions of the Gaming Act at 4
Pa.C.S. § 1512(a), (a.1) and (a.2).
16-2002 (Barber): Re: Whether the Requester’s service as an auditor
for Plain Grove Township (“Township”) would bring
her 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 her to be subject to the
restrictions of the Gaming Act at 4 Pa.C.S. § 1512(a),
(a.1) and (a.2).
16-2003 (Barber): Re: Whether service as a Pennsylvania constable
would bring an individual 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).
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