HomeMy WebLinkAbout1st Qtr 2018
INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2018
ADVICES (Ethics):
18-500 (Bach): 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
Licensed Psychologist Manager, Corrections following
termination of employment with the Pennsylvania
Department of Corrections.
18-501 (Wiley): 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 employed as a nurse with a
corporation that has a contract to provide substitute
school nurses to the school district, with regard to
accepting assignments from the corporation to serve
as a substitute school nurse for the school district.
18-502: 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.
18-503 (Babson): 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 for the Radnor Township School
District (“School District”), who in a private capacity is
employed as a lecturer at the University of
Pennsylvania (“University”) Graduate School of
Education, with regard to participating in discussions
or votes of the School District School Board pertaining
to a potential exchange between the School District
and the University of agreements concerning the
zoning and taxation of a University-owned property
located within the School District.
.
18-504 (Soltesz): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
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would impose prohibitions or restrictions upon an
individual serving as a borough council member with
regard to accepting employment with a company that
has a contract with the borough to provide grant
writing and lobbying services to the borough.
18-505 (Scott): 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(s) as a township zoning
officer/planning director where the individual’s spouse
is a newly-elected township supervisor.
18-506 (Tira): 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 auditor, where:
(1) the individual’s father is a supervisor for the
township; (2) the individual’s father is not employed
by the township; (3) the township board of supervisors
appoints a certified public accountant to perform the
annual audit of the township accounts; and (4) the
duties of the elected township auditors are limited to
setting the compensation for township supervisors
who are employed by the township and the
discretionary auditing of the records of the magisterial
district judge to determine the amount of fines and
costs paid over or due to the township.
18-507 (Henry): Re: Whether, as an Administrative Assistant 1 for
the Pennsylvania Department of Transportation
(“PennDOT”) under job code 08210, 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.
18-508 (Rose): 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
public position as a Supervisor for Kingston Township
(“Township”), Luzerne County, Pennsylvania, where:
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(1) the individual is the Treasurer of the Trucksville
Volunteer EMS, Fire and Rescue Association; (2) the
individual is the Treasurer of the Trucksville Volunteer
Fireman’s Relief Association; and (3) each entity for
which the individual serves as Treasurer receives
funds disbursed by the Township.
18-509: Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would require A, who has been or will be B to C as a
D in various \[type of proceedings\], including but not
limited to an E in an F G his former employer, to
disclose on his Statement of Financial Interests: (1)
Hs that his former employer would pay for providing
him with I in connection with his J as a D at such \[type
of proceedings\]; and (2) travel expenses that his
former employer would pay in connection with his
travel to the state where the E will take place.
18-510 (Levine): Re: Whether an individual serving as an Adult
Basic Education Teacher, Correction Education for
the Pennsylvania Department of Corrections under
job code 25900 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., and if so, whether the
Ethics Act would impose prohibitions or restrictions
upon such individual with regard to receiving
supplemental income as an independent contractor
providing early intervention services through a county.
18-511 (Zrenchak): 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-appointed position as a borough council
member where, as an independent contractor to the
borough, the individual services and maintains the
borough sewer pump station.
18-512 (Asteak): 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 employed as
a patrolman with a regional police department that
was formed by the township and two other
municipalities, with regard to: (1) participating in
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discussions or votes of the township board of
supervisors pertaining to a new intergovernmental
cooperation agreement that would continue the
operation of the regional police department if one of
the two other municipalities would withdraw from the
current intergovernmental cooperation agreement; (2)
participating in discussions or votes of the township
board of supervisors pertaining to township budgets
that would contain funding for the regional police
department or other police-related matters; or (3)
being appointed to serve as the township’s
representative or as the township’s alternate on the
board of the regional police department.
18-513 (Pirring): 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 receiving
compensation for performing services related to the
township’s recreational basketball program either as a
township employee or in a private capacity.
18-514: 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 A of
a \[type of political subdivision\] B, who in a private
capacity is employed with a company, with regard to
participating in votes or other actions of the \[type of
political subdivision\] B pertaining to matters involving
an entity that is a customer of the company.
18-515 (Loomis): 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 the building code official, zoning
officer, sewage enforcement officer, and code
enforcement officer for a township, who is a member
of a church located in the township, with regard to: (1)
issuing building or zoning permits to the church; (2)
performing inspections related to building or zoning
permits issued to the church; or (3) serving on the
church’s facility committee.
18-516 (O’Keefe): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon any of
three township supervisors with regard to voting on
certain matters pertaining to two fire departments and
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the provision of fire and emergency services to the
township where: (1) two of the township supervisors
are officers of one or the other of the fire departments;
and (2) the third township supervisor is a member but
not an officer of one of the fire departments.
18-517 (Horwhat): 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 Administration Program Manager 2 following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
18-518 (Healey): 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
Research Analyst for the Human Services and
Government Affairs Unit of the Pennsylvania House of
Representatives following termination of
Commonwealth employment.
18-519 (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
borough council member with regard to participating
in discussions or votes of borough council pertaining
to appropriations for the borough police department,
labor grievances involving borough police officers,
and other matters related to the borough police
department, where: (1) the borough council member
is a retired borough police officer and a member of
the Pennsylvania Fraternal Order of Police, which is
the bargaining agent for the borough police officers;
and (2) the borough council member’s son-in-law is
employed as a borough police officer.
18-520 (Logsdon): 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 president of a city council, who is
employed by a municipal authority, with regard to
participating in deliberations, votes, or other actions of
city council pertaining to the nomination and
appointment of members of the municipal authority
board of directors.
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ORDERS (Ethics):
1723 (Clausen, Jr.): Re: This is a final adjudication of the State Ethics
Commission
1724 (Henckel): Re: This is a final adjudication of the State Ethics
Commission
1725 (Hoy): Re: This is a final adjudication of the State Ethics
Commission
1726 (Socks, Jr.): Re: This is a final adjudication of the State Ethics
Commission
1727 (Podroskey): Re: This is a final adjudication of the State Ethics
Commission
1728 (Weil): Re: This is a final adjudication of the State Ethics
Commission
1729 (Herold): Re: This is a final adjudication of the State Ethics
Commission
1730 (Rebuck): Re: This is a final adjudication of the State Ethics
Commission
1731 (Sivick): Re: This is a final adjudication of the State Ethics
Commission
1732 (Complainant A): Re: This is a final adjudication of the State Ethics
Commission
1733 (Complainant A): Re: This is a final adjudication of the State Ethics
Commission
ORDERS (SFI):
569-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.
570-S (Paulus): 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
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1105 of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
571-S (Walters): 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.
572-S (Amoros): 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.
573-S (Zwirek): 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.
574-S (Roseario): 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.
575-S (Maceus): 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.
576-S (Mountcastle): 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.
577-S (Nelson): 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
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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.
578-S (Holleran): 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.
579-S (Bock): 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.
580-S (Morgan): 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.
581-S (Phillips): 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.
563-S (Semuta): 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):
128-SL (Arbill Ind., 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.”
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129-SL (Am. Bible. St.): 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.”
130-SL (Women &Girls): 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.”
131-SL (Mastery C.H.S.): 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.”
OPINIONS (Ethics):
18-002 (Kaplan): Re: Whether Members of the Educational
Nominating Panel and Members of the Board of
Education of the School District of Philadelphia would
be subject to the restrictions and requirements of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1101 et seq.; and whether individuals
nominated by the Educational Nominating Panel for
potential service on the Board of Education would be
considered “nominees” for purposes of filing
Statements of Financial Interests pursuant to the
Ethics Act.
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