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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., - 1 - 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: - 2 - (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 - 3 - 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 - 4 - 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. - 5 - 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 - 6 - 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 - 7 - 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.” - 8 - 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. - 9 -