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Home My WebLink About3rd Qtr 2016 INDEX State Ethics Commission Quarterly Rulings for Third Quarter 2016 ADVICES (Ethics): 16-540: 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. 16-541 (Ruth): 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 Environmental Planner 2 following termination of employment with the Pennsylvania Department of Transportation (“PennDOT”). 16-542: 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 service with a B of Governmental Body C of Political Subdivision D. 16-543 (Shapiro): 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 Chairman of the Board of Directors (“Board”) of the Philadelphia Facilities Management Corporation (“the PFMC”) with regard to participating in discussions, votes, or other actions of the PFMC Board pertaining to the facility relocation plans/analysis of the Philadelphia Gas Works (“Gas Works”), where: (1) the PFMC manages and operates the Gas Works; (2) the Gas Works is considering a relocation and/or consolidation of some of its facilities; (3) a property commonly referred to as “the Logan Triangle” has been identified as a potential location for certain Gas Works functions; (4) the Philadelphia Redevelopment Authority owns the Logan Triangle; (5) the Philadelphia Redevelopment Authority has identified a particular real estate development company as the redeveloper of the Logan Triangle; and (6) in a private capacity, the - 1 - individual is employed as the chief operating officer of the aforesaid real estate development company. 16-544 (Klemick): Re: Whether, as a Highway Design Supervisor with the Pennsylvania Department of Transportation (“PennDOT”) under job code 10330, you would be considered a “public employee” subject to the Public Official and Employee Ethics Act (the “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. 16-545 (Lozano): Re: Whether, as a Highway Design Supervisor with the Pennsylvania Department of Transportation (“PennDOT”) under job code 10330, you would be considered a “public employee” subject to the Public Official and Employee Ethics Act (the “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. 16-546 (Strittmatter): 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 – Bridges following termination of employment with the Pennsylvania Department of Transportation (“PennDOT”). 16-547 (Lind): 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 with regard to: (1) working as a substitute teacher in the school district through a third-party teaching service that provides substitute teaching services to the school district; or (2) driving a school bus in the school district as a part-time employee of one of three busing companies that provide busing services to the school district. 16-548 (Hanns): 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 Commissioner for Finance for the City of Philadelphia Department of Human Services (“City Department of Human Services”) following - 2 - termination of employment with the City Department of Human Services. 16-549 (Clark, 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 Senior Civil Engineer Supervisor – Transportation following termination of employment with the Pennsylvania Department of Transportation (“PennDOT”). 16-550: 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. 16-551 (Kijek): 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 with regard to serving as a secretary and/or street department helper for a borough and seeking election or simultaneously serving as a member of council for a different borough in which she resides. 16-552 (Schwart): 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, who in a private capacity is a financial advisor with his own independent financial services practice, with regard to the individual/the financial services practice being approved by the school district as an advisor/product provider for the 403(b) plans of teachers employed by the school district. 16-553 (Pfuhl): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose prohibitions upon employment of a Claims Investigation Agent following termination of employment with the Pennsylvania Office of Inspector General (“Office of Inspector General”). 16-554 (Karr): 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 - 3 - termination of employment with the Pennsylvania Department of Transportation (“PennDOT”). 16-555 (Jones): 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”). 16-556 (Eberly): 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 public position as a Member of the Pennsylvania Milk Marketing Board if a company owned by the individual and his two sons-in-law would purchase a milk subdealer licensed by the Pennsylvania Milk Marketing Board. 16-557 (Gaudio): 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 a township board of commissioners, 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. 16-558 (Fitzgerald): 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 Consultant – Bridges following termination of employment with the Pennsylvania Department of Transportation (“PennDOT”). 16-559 (Butler, 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 member and chairman of a three-member township board of supervisors, who is employed by a municipal authority, with regard to: (1) seconding a motion to appoint an individual to fill a vacancy on the municipal authority board, where the other two township supervisors would have opposing views; or (2) voting on a motion to appoint such individual to fill the vacancy on the municipal authority board, where the - 4 - other two township supervisors would cast opposing votes. OPIONIONS (Ethics): 16-003 (Goreham): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose restrictions upon the mayor of a home- rule municipality with regard to collecting payments/honoraria for performing marriage ceremonies. OPIONIONS (Lobbying): 16-1001 (Kauffman): Re: Whether, pursuant to Pennsylvania’s lobbying disclosure law (“Lobbying Disclosure Law”), 65 Pa.C.S. § 13A01 et seq., an individual’s transition from being the Executive Director and an employee of Common Cause Pennsylvania to being an independent contractor providing services--which may include lobbying--to Common Cause Pennsylvania would result in changes to the individual’s status as a lobbyist or changes to the individual’s responsibilities regarding expense reports filed by Common Cause Pennsylvania. ORDERS (Ethics): 1693 (Gutonski): Re: This is a final adjudication of the State Ethics Commission 1694 (Bradley, III): Re: This is a final adjudication of the State Ethics Commission 1695-2 (Capouillez): Re: This is a final adjudication of the State Ethics Commission ORDERS (SFI): 491-S (Frombach): 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 - 492-S (Mukangarukiye): 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. 493-S (Reisinger): 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. 494-S (Price): 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. 495-S (Harris): 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. 496-S (Wilt): 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. 497-S (Schiavoni): 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. 498-S (Conrad): 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 - 499-S (Greene): 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. 500-S (Fromm): 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. 501-S (Robinson): 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. 502-S (Yates): 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. 503-S (Yakonick): 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. 504-S (Boyd): 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. 505-S (Luhovey): 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 - 7 - 1105 of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. 506-S (Pendelton): 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. 507-S (Neil): 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. 508-S (Williams): 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. 509-S (Ranno): 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): 113-SL (SRWR): 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.” 114-SL (Hamilton 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.” - 8 - DETERMINATION OF THE COMMISSION: 16-3001 (Shultz): Re: Whether an individual who resigned from his employment as the Secretary of Policy and Planning for the Honorable Tom Wolf, Governor, prior to the signing into law of Act 16 of 2016, the Medical Marijuana Act (“Medical Marijuana Act”), would be subject to the restrictions of Section 2101.1(a) and (b) of the Medical Marijuana Act. - 9 -