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HomeMy WebLinkAbout3rd Qtr 2018 INDEX State Ethics Commission Quarterly Rulings for Third Quarter 2018 ADVICES (Ethics): 18-541 (Parker): 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 Information Technology Manager 1 following termination of employment with the Commonwealth of Pennsylvania. 18-542 (Reddinger): 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, who has a child who is employed as a teacher with the school district, with regard to participating in labor negotiations concerning the school district’s teachers or the school district’s support staff. 18-543: 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 position as an A of the B of Political Subdivision C, where: (1) the individual in a private capacity is a D, E, and part owner of a firm that may provide \[type of services\] to F clients for the purpose of G and H the I of the Js that such clients provide to the K of the L or M in Pennsylvania, as well as to other Ks and stakeholders; and (2) the F clients may choose to utilize the firm’s work product to propose Ns to requests to enter into Os with the L for Ps. 18-544 (Maddren): 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 Delaware County Council (“County Council”) with regard to participating in deliberations or votes of County Council on matters pertaining to the potential engagement of a third-party contractor to conduct a hazards analysis of pipelines running through Delaware County (“County”), where: - 1 - (1) the individual, in his private capacity as an attorney, is employed as an associate with a law firm that performs work for Sunoco Pipeline, L.P. (“Sunoco”); and (2) Sunoco owns two pipelines that would be included in the hazards analysis. . 18-545 (Livelsberger): 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 officer of a township board of supervisors, who is an administrative member and a trustee/chair of the trustees of a volunteer fire company, with regard to participating in discussions or votes of the township board of supervisors pertaining to matters involving the volunteer fire company. 18-546 (McAndrew): 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 township supervisor with regard to participating in discussions, votes, or other actions of the township board of supervisors pertaining to a conditional use application for a property that the individual owns in the township, where: (1) the property is currently used as a bar and restaurant; (2) the conditional use application seeks permission to use the property as a drug and alcohol rehabilitation facility; and (3) the individual would be able to sell the property for a significant profit if the conditional use application would be approved. 18-547 (Mihalik): Re: Whether Section 1103(g) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(g), would impose prohibitions or restrictions upon a law firm that resigned from serving as the Solicitor for the Town of Bloomsburg (“Town”) with regard to representing clients before the Town. 18-548 (Stull, 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 township supervisors who also serve as roadmasters with regard to receiving overtime pay for work performed in excess of 40 hours per week. 18-549 (Miele, 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 District Permit Engineer following termination of employment with the Pennsylvania Department of Transportation (“PennDOT”). 18-550 (Mansmann): 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 employed as the director of business and finance for a school district, who is also the secretary of the school district school board, with regard to soliciting three business owners to sponsor a hockey team that is part of an amateur hockey program operated by a non-profit 501(c)(3) corporation for students in the school district, where: (1) the individual has a son who will be a player on the hockey team for the 2018-2019 hockey season; (2) the expenses incurred by the individual in association with her son playing on the hockey team will include an assessment fee for the 2018-2019 hockey season; (3) for each sponsor obtained, a credit would be applied to her son’s assessment fee; (4) two of the three businesses have contracts with the school district, and the individual has personal relationships unrelated to school district business with the owners of these two businesses; and (5) the owner of the third business previously served as a school director for the school district. 18-551 (Schnee): Re: Whether, pursuant to Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), the officials or employees of a county would have a conflict of interest with regard to engaging in official action(s) related to a proposed partnership between the county and the United Way that would be entered into for the purpose of supporting the charitable mission of the United Way, where: (1) the county would establish a council of volunteers, consisting of county officials and county employees, to plan and organize a fundraising campaign to solicit financial donations for the United Way from county officials and county employees; (2) the United Way would be permitted to send solicitations for donations to all county officials and county employees by email and would hold various meetings with County departments during the workday to encourage county officials and county employees to contribute to the United Way; (3) county - 3 - employees would distribute hard-copy solicitations for donations to the United Way to county employees without email access; (4) county officials and county employees would be permitted to participate in fundraising campaign-related functions that would likely occur during normal working hours; (5) individuals who would contribute in excess of a specified amount to the United Way would be invited by the United Way to attend an event at a private social/dining club; (6) the county would institute an incentive program by which the county would provide gift cards or other possible benefits to county employees who would contribute certain amounts to the United Way; (7) as to each of the three county commissioners, it is believed that neither the county commissioner nor any member of the county commissioner’s immediate family is a director, officer, owner, employee, or holder of a financial interest in the United Way; and (8) some county employees or their immediate family members may serve as directors, officers, or employees of the United Way or receive services or other benefits from the United Way. 18-552 (Kelley): Re: Whether, as a District Environmental Specialist for the Pennsylvania Department of Transportation (“PennDOT”), 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: (1) you would be required to file Statements of Financial Interests; and (2) upon termination of your employment with PennDOT, the restrictions of Section 1103(g) of the Ethics Act would be applicable to you. 18-553 (Maatta): 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 whois employed with an engineering firm that: (1) is the appointed professional service provider for zoning, code enforcement, sewage enforcement, and flood plain management for a township; and (2) reviews building permits under the Uniform Construction Code for the township, with regard to reviewing and approving building plans or performing other services for the township pertaining to a - 4 - developer that would be represented by the individual and/or the engineering firm. 18-533-S (Shimko): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose prohibitions or restrictions upon either of two Members of the Borough of Jefferson Hills (“Borough”) Planning Commission (“Borough Planning Commission”) with regard to participating in their official capacities in matters pertaining to and/or potentially affecting a corporation named “AUUE, Inc.” (“AUUE”), the University of Pittsburgh Medical Center (“UPMC”), or the Allegheny Health Network-Jefferson Hospital (“AHN-Jefferson Hospital”), including subdivision plans, land development plans, or a comprehensive zoning ordinance/map amendment and rezoning process, where: (1) one of the two Borough Planning Commission Members works at a UPMC hospital in his capacity as an employee of a non-profit organization named “University of Pittsburgh Physicians” (“UPP”) and has UPMC- related health insurance with UPMC Health Plan; and (2) the other of the two Borough Planning Commission Members works at AHN-Jefferson Hospital in his capacity as an employee of an independent entity named “South Pittsburgh Anesthesia.” 18-554 (Shirock): 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”). ORDERS (Ethics): 1736 (Cveykus): Re: This is a final adjudication of the State Ethics Commission 1737 (O’Malley): Re: This is a final adjudication of the State Ethics Commission ORDERS (SFI): 586-S (McClenaghan): Re: This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or - 5 - 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. 587-S (Jacobs): 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. 588-S (Lynn): 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. 589-S (Richardson): 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. 590-S (Schachern): 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. 591-S (Stanisic): 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. 592-S (Watson): 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 - 593-S (Washington): 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. 594-S (Lanovale): 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. 595-S (Frenkel): 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. 596-S (Curtis): 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): 134-SL (Securus Tech.): 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.” 135-SL (Big Sand B.): 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.” - 7 -