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HomeMy WebLinkAbout2st Qtr 2016 INDEX State Ethics Commission Quarterly Rulings for Second Quarter 2016 ADVICES (Ethics): 16-522 (Pimental,Jr.): 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 Criminal Tax Investigator Supervisor following termination of employment with the Pennsylvania Department of Revenue. 16-523: 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, who in a private capacity is employed with a local A in the position of B, with regard to participating in \[type of decisions\] including matters pertaining to C(s) for borough Ds, where the local A would be among the businesses under consideration for appointment as a borough C. 16-524 (Hait): 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 member of a borough zoning hearing board to resign from the borough zoning hearing board if he would take a part- time position with a firm owned by another member of the borough zoning hearing board. 16-525 (Stover): Re: Whether, as a Clerk Typist 2 for the Pennsylvania Liquor Control Board (“PLCB”), 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 the PLCB, the restrictions of Section 1103(g) of the Ethics Act would be applicable to you. 16-526 (Chipka): 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 and president of a borough council with regard to simultaneously serving - 1 - as: (1) a driver for the Pennsylvania Department of Transportation (“PennDOT”); or (2) a Police Communications Officer for the Pennsylvania State Police. 16-527: 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 discussions, votes, or other actions of the township board of supervisors pertaining to matters involving a company (“Company 1”) that is developing a \[type of facility\] in the township, where: (1) in a private capacity, the township supervisor is employed as an A with a B (“Company 2”) that is performing work for Company 1 in relation to the aforesaid facility; and (2) the township supervisor’s C is employed as a D with Company 1. 16-528 (Louder): 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 council member, whose husband is employed as a patrolman with the township police department, with regard to: (1) voting on obtaining new equipment for the township police department; (2) participating in negotiations or votes on labor contracts pertaining to the township’s non-uniform employees; or (3) participating in negotiations or votes on labor contracts pertaining to the township police department. 16-529 (Melan): 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 city council member with regard to making a recommendation to the city mayor that a member of the individual’s family be appointed to a city authority, board, or commission. 16-530: 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. 16-531 (Parikh, P.E.): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., - 2 - would impose restrictions upon employment of a Senior Civil Engineer Manager following termination of employment with the Pennsylvania Department of Transportation (“PennDOT”). 16-532 (Swartz): 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 constable who receives payment from a county for constable work performed as an independent contractor with regard to simultaneously serving as a full-time employee of the county. 16-533 (Bolla, Esquire): 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 simultaneously serving as the borough secretary. 16-534: 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 of Office B within Commonwealth Department C following termination of Commonwealth employment. 16-535 (Loperfito): 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 secretary of a municipal authority board, who in a private capacity is part owner of a company that sells paper and janitorial supplies, safety apparel, and other products, with regard to participating in votes or other actions of the municipal authority board pertaining to matters involving customers of the company. 16-536 (McCabe): 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 a municipal authority board with regard to participating in deliberations or votes of the municipal authority board pertaining to changing an existing policy requiring the installation of grease interceptors for restaurant or food preparation facilities located on properties served by the municipal authority sewer system, where: (1) a member of the individual’s immediate family purchased—through a corporate entity—a - 3 - Subway sandwich shop franchise to be operated in a building owned by the individual and his wife; (2) the building is located on property served by the municipal authority sewer system; and (3) the existing policy would require that a grease interceptor be installed for the Subway sandwich shop. 16-537 (Hacker): 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 Information Security Officer for the Office for Information Technology within the Governor’s Office of Administration following termination of Commonwealth employment. 16-538 (Repak): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would permit an individual who has been and may currently be involved in a lawsuit against the Irvona Municipal Authority (“Authority”) to be appointed to a non-compensated position as an Authority Board Member by Council for Irvona Borough (“Borough”); and whether the Ethics Act would impose prohibitions or restrictions upon four Borough Council Members with regard to voting to appoint the individual to the Authority Board, where: (1) the mother of one of the Council Members is employed with the Authority; (2) the son of one of the Council Members is an Authority Board Member; (3) one of the Council Members is an Authority Board Member; and (4) one of the Council Members is directly related to the potential appointee. 16-539 (Siegel): Re: Whether, as a Policy Analyst for the Philadelphia Industrial Development Corporation/City of Philadelphia Department of Commerce (“PIDC/City Department of Commerce”), 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 the PIDC/City Department of Commerce, the restrictions of Section 1103(g) of the Ethics Act would be applicable to you. - 4 - OPIONIONS (Ethics): 16-003: Re: Whether, pursuant to the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., certain employees of the A would be required to report on their respective Statements of Financial Interests filed pursuant to the Ethics Act various gifts, transportation, lodging and/or hospitality received from or through registered lobbyists with whom they have personal romantic relationships. ORDERS (Ethics): 1689 (Brown): Re: This is a final adjudication of the State Ethics Commission 1690 (Boyer): Re: This is a final adjudication of the State Ethics Commission 1691 (Cocchi): Re: This is a final adjudication of the State Ethics Commission 1692 (Vaughn): Re: This is a final adjudication of the State Ethics Commission ORDERS (SFI): 462-S (Schuler): 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. 463-S (Eggert): 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. 464-S (Hankerson): 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. - 5 - 465-S (Grubbs): 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. 466-S (Slagle): 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. 467-S (Bauman): 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. 468-S (Sheppard): 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. 469-S (Golden): 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. 470-S (Kimbrough): 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. 471-S (Oakley): 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. - 6 - 472-S (Miller): 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. 473-S (Swalm): 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. 474-S (Kreidler): 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. 475-S (Ritter): 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. 476-S (Zappone): 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. 477-S (Zimmerman): 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. 478-S (Schott): 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. - 7 - 479-S (Halstead): 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. 480-S (Blackshear): 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. 481-S (Riley): 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. 482-S (Grubbs): 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. 483-S (Smalls): 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. 484-S (Mohrey): 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. 485-S (Fuller): 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. - 8 - 486-S (McClinton): 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. 487-S (Page): 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. 488-S (Bowser): 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. 489-S (Powell): 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. 490-S (Shaikh): 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): 2-L (Unified Sport. PA): Re: This is a final adjudication of the State Ethics Commission. 111-SL (PAT Assoc.): 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.” - 9 - 112-SL (PCCSA): 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.” - 10 -