HomeMy WebLinkAbout4th Qtr 2018
INDEX
State Ethics Commission
Quarterly Rulings for Fourth Quarter 2018
ADVICES (Ethics):
18-549-CL (Miele): 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 an individual who retired from his employment
as a District Permit Engineer with the Pennsylvania
Department of Transportation (“PennDOT”) in
Engineering District 6-0 (“District 6-0”) with regard to
the individual’s name appearing on invoices submitted
to PennDOT for work that the individual would
perform on pre-existing contracts with PennDOT,
where such contracts would not involve the District 6-
0 Permits Unit but may involve projects in District 6-0
or in PennDOT Districts other than District 6-0.
18-555 (Schnee): 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 Commissioners of Berks County (“County”),
Pennsylvania, with regard to directly soliciting
businesses, including: (1) vendors to the County; (2)
vendors to the County Commissioners Association of
Pennsylvania, of which the County is a Member and
with which the County has various contracts; and (3)
businesses that may have a preexisting relationship
with the individual and may know him only in his
private capacity, for donations for the individual’s
campaign for election as Second Vice President of
the National Association of Counties, of which the
County is also a Member.
18-556 (Logsdon): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would permit a towing and auto body repair business
(“Auto Business”) to perform repairs to a damaged
township police vehicle, where: (1) the Auto Business
is operated by an individual who is a member and
chairperson of the township board of supervisors; (2)
insurance would cover the costs for repairs to the
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township police vehicle; and (3) a contract for repairs
to the township police vehicle would be between the
Auto Business and the insurance company, which
would pay the Auto Business for the repairs.
18-5557: 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 an A for \[name of political
subdivision\] (the “Political Subdivision”) with regard to
participating in votes or other actions of the Political
Subdivision \[governing body\] pertaining to matters
involving two volunteer fire companies located in the
Political Subdivision, where: (1) both of the volunteer
fire companies are recognized and designated as fire
companies for the Political Subdivision and annually
receive funds from the Political Subdivision; (2) the
individual is a B but not a C of one of the volunteer
fire companies; and (3) the individual is the D of an E
that sells F to fire companies, including both of the
volunteer fire companies.
.
18-558: 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 an A for \[name of political
subdivision\] (the “Political Subdivision”) with regard to
participating in votes or other actions of the Political
Subdivision \[governing body\] pertaining to matters
involving two volunteer fire companies located in the
Political Subdivision, where: (1) both of the volunteer
fire companies are recognized and designated as fire
companies for the Political Subdivision and annually
receive funds from the Political Subdivision; and (2)
the individual is a B but not a C of one of the
volunteer fire companies.
18-559 (Taroli): 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 Chair of the Board of the Luzerne
County Redevelopment Authority (“Authority”), who in
a private capacity is an equitable owner of a
company, with regard to an offer by the company to
purchase an 80-acre parcel of property owned by the
Authority.
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18-560 (Ruzzi): 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 Manager following termination
of employment with the Pennsylvania Department of
Transportation (“PennDOT”).
18-561: 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 an A of B, which is the governing
body of C, Pennsylvania, with regard to voting on an
annual C budget that would contain line items
allocating funds to the D for the salaries of the union
and non-union D employees and D Es, Fs, Gs, and
supplies, where: (1) the individual’s father is an H on
the D; (2) the salaries of Hs on the D are set by Is of
the J and paid by the J; and (3) the individual’s father
and the other Hs on the D would not realize any sort
of financial gain or benefit as a result of the aforesaid
funds being allocated to the D.
18-562 (McKinley, Sr.): 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 the City Council of the City of Arnold, who
in a private capacity has a company that owns a
property located in the City of Arnold, with regard to
the company purchasing an empty, unbuildable lot
which is adjacent to the company’s property and is
owned by the City of Arnold Redevelopment
Authority.
18-563 (Johnson): 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 seeking election or serving as
a county commissioner, where the individual’s wife is
the county treasurer.
18-564 (Levin, 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
members of a township council with regard to voting
on the enactment of an ordinance or resolution that
would allow township council members to participate
at their own expense in the township’s health
insurance plan.
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18-565 (Murphy,Ph.D.): 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
Secretary of Health for the Commonwealth of
Pennsylvania following termination of Commonwealth
service.
18-566 (Edwards): 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
Medium Voltage Electrician Foreman following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
18-567 (Wilson): 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 the City Council of
the City of Lock Haven (“City”), Pennsylvania, with
regard to performing the duties of his public position,
where the individual’s fiancée is an applicant for the
position of City Planner/Development Coordinator.
18-568: 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 an A of B, which is the governing
body of C, Pennsylvania, with regard to voting on an
annual C budget that would contain line items
allocating funds to the D, the E, and C divisions and
departments for the salaries and benefits of C
employees, where: (1) the individual’s daughter is
employed with the C as an F for the D; and (2) the
husband of the individual’s daughter is employed with
the C as a G with the E.
18-569 (Sanchez Ridge): 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
City Solicitor for the City of Pittsburgh (“City”),
Pennsylvania, following termination of service with the
City.
18-570: 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 an A of B for the C, with regard
to participating in deliberations, votes, or other actions
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of B pertaining to the potential outsourcing/sale of the
C’s D operations to the E, where the individual’s
brother is employed with the E as an F.
18-571 (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
borough council member, who owns and resides at a
property that is adjacent to a medical cannabis
manufacturing plant located in the borough, with
regard to participating in discussions, deliberations, or
votes of borough council pertaining to concerns or
complaints regarding an odor emanating from the
manufacturing plant, land use applications involving
the manufacturing plant, or other matters related to
the manufacturing plant.
18-572 (Horwhat, P.E.): Re: Whether the post-employment restrictions of
Section 1103(i) of the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(i), would
be applicable to you as a former Highway
Administration Program Manager 2 who served as a
Chief Materials Engineer for the Pennsylvania
Department of Transportation (“PennDOT”).
18-573 (Phillips): 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
Human Resource Analyst 4 (General) following
termination of employment with the Commonwealth of
Pennsylvania.
18-574 (Kaleugher): Re: Whether, pursuant to Section 1103(a) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1103(a), an individual serving as both:
(1) a Member of the Board of Commissioners of
Collier Township (“Township”); and (2) a Member and
Vice-Chairman of the Board of the Collier Township
Municipal Authority (“Municipal Authority”), would
have a conflict of interest in either of his aforesaid
capacities with regard to voting on an agreement to
transfer the ownership and operation of certain
sanitary sewer lines from the Township to the
Municipal Authority.
18-575 (Hill): Re: Whether, as an Information Technology
Generalist 2 for the Commonwealth of Pennsylvania
(“Commonwealth”) under job code 01542, you would
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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 Commonwealth
employment, the prohibitions/restrictions of Section
1103(g) of the Ethics Act would be applicable to you.
18-576: 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 an A of the B of the C, who in a
private capacity is the founder, owner, and \[title\] of an
entity that provides various services to D and E F Gs
in the C and their Hs, with regard to the advertisement
of the availability of the entity’s services by providing
Is to C Fs to be included in packets of materials J with
Gs.
18-577 (Eppley): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would permit an individual serving as both: (1) a
member and chairman of a township board of
supervisors; and (2) the township secretary/treasurer,
to resign from the township board of supervisors and
be appointed as the township manager; and if so,
whether the individual would be permitted to
simultaneously serve as the township manager and
the township secretary/treasurer.
ORDERS (Ethics):
1738 (Kashnoski): Re: This is a final adjudication of the State Ethics
Commission
1739 (Staib): Re: This is a final adjudication of the State Ethics
Commission
1740 (Zimmerman): Re: This is a final adjudication of the State Ethics
Commission
1741 (Harding): Re: This is a final adjudication of the State Ethics
Commission
1742 (Middleton): Re: This is a final adjudication of the State Ethics
Commission
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1743 (Boyd): Re: This is a final adjudication of the State Ethics
Commission
1744 (Moyer): Re: This is a final adjudication of the State Ethics
Commission
1745 (Coulter): Re: This is a final adjudication of the State Ethics
Commission
ORDERS (SFI):
597-S (rothweiler): 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.
598-S (Alexander): 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.
599-S (Brooks): 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.
600-S (Yuhaniak): 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.
601-S (Salisbury): 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.
602-S (Swalm): Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
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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.
603-S (Faye): 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.
604-S (Hartz): 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.
605-S (Rawlins): 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.
606-S (Sullivan): 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.
607-S (Christopher): 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.
608-S (Crumby): 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.
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609-S (Toso): 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.
610-S (Stanec): 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.
611-S (Dell’Antonio): 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.
612-S (Irick): 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.
613-S (Davis): 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.
614-S (Maldonado): 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.
615-S (Brown): 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.
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616-S (Rowles): 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):
5-L (PA Works Now): Re: This is a final adjudication of the State Ethics
Commission.
6-L (Cit. Protect PA): Re: This is a final adjudication of the State Ethics
Commission.
ORDERS (Lobbying S-Orders):
136-SL (PRA Services): 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.”
DETERMINATION OF THE COMMISSION (Gaming):
18-2001 (Meluskey): Re: Whether the duties of an individual employed
as a Statistician for the Pennsylvania Gaming Control
Board (“Board”) would cause the individual to be
subject to the restrictions of Section 1201(h)(13) of
the Gaming Act following termination of the
individual’s employment with the Board.
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