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Home My WebLink About2nd Qtr 2021 INDEX State Ethics Commission Quarterly Rulings for Second Quarter 2021 ADVICES (Ethics): 21-509-CL (Penrose): Re: Whether, following termination of your employment as a Senior Civil Engineer Supervisor – Transportation with the Pennsylvania Department of Transportation (PennDOT) in District 5-0, Section 1103(g) of the Ethics Act would prohibit you from performing work for a consultant engineering firm on a PennDOT agreement that existed before you terminated your employment with PennDOT and that involves a unit of PennDOT other than District 5-0 (such as District 6-0, District 8-0, the Central Office, or the Bureau of Public Transportation)? 21-514 (Worral): Re: Would the Public Official and Employee Ethics Act (Ethics Act), 65 Pa.C.S. § 1101 et seq., permit you to receive compensation for serving as the Tax Collector for Mount Penn Borough (Borough) while simultaneously serving as a compensated Member of the Mount Penn Borough Municipal Authority Board (Authority Board)? 21-515 (Repsher): Re: Whether the Public Official and Employee Ethics Act (Ethics Act), 65 Pa.C.S. § 1101 et seq., would impose restrictions upon you with regard to performing work for organizations on projects for the Commonwealth of Pennsylvania following termination of your employment as an Information Technology Policy Specialist 1 with the Pennsylvania State Police? 21-516 (Cook): 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 who is a Member of a Municipal Authority Board, who in her private capacity also is an attorney and independent contractor to the Law Firm which is representing the Municipal Authority in a lawsuit, would have a conflict of interest with regard to participating in discussions or votes of the Board on issues that would financially - 1 - impact the Law Firm, such as whether to settle the lawsuit via mediation or proceed to litigation? . 21-517 (Malinoski): Re: Whether the Public Official and Employee Ethics Act (Ethics Act), 65 Pa.C.S. § 1101 et seq., would impose restrictions upon your activities with a new employer following termination of your employment as an Information Technology Manager 2 with the Commonwealth of Pennsylvania (Commonwealth), in which capacity you serve as the Director of Mainframe Services for the Employment, Banking and Revenue Delivery Center under the Governor’s Office of Administration (Office of Administration)? 21-518 (Messina): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any post-government employment restrictions upon you with regard to the practice law with a law firm that has contracts with the City Law Department - Division of Aviation? 21-519: Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose restrictions upon the \[PUBLIC EMPLOYEE\] as the \[DIRECTOR\] of the \[PROGRAM\], following her employment separation from the \[CITY\]? 21-520 (Gonze): Re: Whether, pursuant to Section 1103(a) of the Public Official and Employee Ethics Act (Ethics Act), 65 Pa.C.S. § 1101 et seq., you would have a conflict of interest in your capacity as a Supervisor for Paradise Township (Township) with regard to participating in discussions, votes, or other actions of the Township Board of Supervisors in matters involving a developer’s proposal for the development of a large resort on land adjacent to property owned by Trinity Episcopal Church (Church), of which you are a Member and the Treasurer? 21-521 (Jankovich): Re: Whether, pursuant to Section 1103(j) of the Public Official and Employee Ethics Act (Ethics Act), 65 Pa.C.S. § 1103(j), an individual (the Individual) serving on a three-Member Township Board of Supervisors would be permitted to take action to break a tie vote of the other two Township Supervisors regarding a pay increase for the - 2 - Township Secretary/Treasurer, who is the Individual’s wife? 21-522 (Miller): Re: As a Member of the Penn Township, Westmoreland County, Planning Commission, are you a “Public Official” as defined by the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.? 21-523: Re: Whether the Public Official and Employee Ethics Act (Ethics Act), 65 Pa.C.S. § 1101 et seq., would impose restrictions upon you with regard to performing work for a \[TYPE OF FIRM\] following termination of your employment as a \[POSITION\] with the \[COMMONWEALTH ENTITY\]? 21-524: Re: As the \[POSITION\] for the \[OFFICE 1\], \[OFFICE 2\], what constitutes your “Governmental body with which a public official or public employee is or has been associated” for purposes of applying Section 1103(g) of the Public Official and Employee Ethics Act (Ethics Act), 65 Pa.C.S. § 1103(g)? 21-525 (Staudt): Re: Whether the Public Official and Employee Ethics Act (Ethics Act), 65 Pa.C.S. § 1101 et seq., would impose restrictions upon you, as a former Engineering, Scientific, and Technical Intern with the Pennsylvania Department of Transportation (PennDOT), with regard to performing work for your new employer, an engineering firm? 21-526 (Stover): Re: Are Members of the Halfmoon Township, Centre County, Open Space Preservation Board (OSPB) “Public Officials” as defined by the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.? 21-527: Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose restrictions upon you with regard to future employment with a \[FIRM\] or \[CONTRACTOR\] following termination of your employment as a \[REDACTED\] with the \[STATE AGENCY\] \[DIVISION\]? 21-528 (Coleman): Re: Whether the Public Official and Employee Ethics Act presents any prohibition or restrictions upon a lawyer who serves as Solicitor to a Regional - 3 - Police Department who is retained by —as opposed to being an employee of —the Regional Police Department, with regards to simultaneously serving as the retained Solicitor of no less than two Townships which are both also members of the Regional Police Department? 21-529 (Saad): Re: Would the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., prohibit a public official from serving as an independent contractor to a business that maintains contracts with his governmental entity? 21-530: Re: Would the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., prohibit you as a \[MEMBER/CHAIR\] of the \[BOARD\], from serving in a volunteer capacity with \[ENTITY\], a nonpartisan political organization focused on \[MISSION\]? 21-531 (Miller): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any restrictions upon a former public official/public employee concerning the creation of a non-profit entity whose sole purpose is to support the former governmental entity? 21-532: Re: Whether the Public Official and Employee Ethics Act (Ethics Act), 65 Pa.C.S. § 1101 et seq., would impose prohibitions or restrictions upon you with regard to performing work for a \[TYPE OF FIRM\] that does business with the Commonwealth following termination of your employment as a \[POSITION\] for \[STATE AGENCY 1\]? 21-533 (Woutersz): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose restrictions upon you with regard to seeking employment as a “Tradesman” with a pre- qualified business partner (contractor) who does business with the Commonwealth, following termination of your employment as a Senior Civil Engineer Supervisor – Transportation with the Pennsylvania Department of Transportation (“PennDOT”)? - 4 - OPINION (Lobby): 21-1001 (Campbell): Re: Whether, pursuant to the reporting requirements of Section 13A05(b)(5) of Pennsylvania’s Lobbying Disclosure Law (“Lobbying Disclosure Law”), 65 Pa.C.S. § 13A05(b)(5), and Section 55.1(g)(5) of the Lobbying Disclosure Regulations (Regulations), 51 Pa. Code § 55.1(g)(5), a registered principal would be required to disclose on its quarterly expense report the name, permanent business address and daytime telephone number of any individual, association, corporation, partnership, business trust or other business entity which contributed more than 10% of the total resources for lobbying as opposed to more than 10% of the total resources received by the principal during the reporting period. ORDERS (Ethics): 1778 (Brandenburg): Re: This is a final adjudication of the State Ethics Commission 1779 (Bundy): Re: This is a final adjudication of the State Ethics Commission 1780 (Hutcheson): Re: This is a final adjudication of the State Ethics Commission 1781 (Imbesi): Re: This is a final adjudication of the State Ethics Commission 1782 (Page): Re: This is a final adjudication of the State Ethics Commission 1783 (Robinson): Re: This is a final adjudication of the State Ethics Commission 1784 (Caughlan): Re: This is a final adjudication of the State Ethics Commission 1785 (Barlow): Re: This is a final adjudication of the State Ethics Commission 1786 (Chilson): Re: This is a final adjudication of the State Ethics Commission - 5 - Orders (Lobby): 148-SL (Penn Film Grp.): Re: This is a final adjudication of the State Ethics 149-SL (ESmith Prop.): Re: This is a final adjudication of the State Ethics 150-SL (Connect. Ed.): Re: This is a final adjudication of the State Ethics 151-SL (WestEcon.): Re: This is a final adjudication of the State Ethics - 6 -