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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 - 1 - 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. - 2 - 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. - 3 - 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 - 4 - 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 - 5 - 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 - 6 - 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 - 7 - 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. - 8 - 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. - 9 - 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. - 10 -