HomeMy WebLinkAbout1st Quarter 2023
INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2023
ADVICES (Ethics):
23-500: Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon you following
termination of your employment as the \[Position\] for
the \[Office\] within the \[Governmental Body\].
23-501 (Ruggiero): 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 County Solicitor for
Lackawanna County, Pennsylvania, with regard to
retaining his position as the Lackawanna County
Solicitor while simultaneously seeking election as a
Judge of the Court of Common Pleas of Lackawanna
County.
23-502: Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would permit an individual (the “Individual”) who is a
Member of the Board of a \[Type of Political
Subdivision (“Political Subdivision”)\] to be hired as a
\[Political Subdivision\] employee to serve as a
coordinator of \[Type of Work\] on a \[Type of Basis\].
23-503 (Thompson): 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 Constable with regard to
simultaneously being employed as a police officer
with the U.S. Department of the Interior, Bureau of
Indian Affairs.
23-504 (Kraus): Re: Whether, pursuant to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101
et seq., an individual serving as a county sheriff would
have a conflict of interest in matters pertaining to his
relationship and forthcoming marriage to an employee
of the county sheriff’s office.
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23-505 (O’Donnell): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon you following
termination of your employment as a Deputy
Commissioner for the City of Philadelphia (“City”)
Department of Public Property.
23-506-(Lamay): 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 for the Camp
Hill School District and as Chairperson of the
Cumberland Perry Area Career and Technical
Center’s (“CTC’s”) Joint Operating Committee
(“JOC”), who in his private capacity, is employed by
Eastern PCM, LLC as a Vice-President, with regard to
participating in matters pertaining to the award of a
construction management contract for Cumberland
Perry Area CTC, when the individual’s employer
intends to submit a bid for the contract.
23-507 (Ross): 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 new employer following
termination of your employment as an Environmental
Engineering Specialist with the Pennsylvania
Department of Environmental Protection (“Department
of Environmental Protection”).
23-508 (Summa): 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 new employer following
termination of your employment as a Bridge and
Structural Design Supervisor with the Pennsylvania
Department of Transportation (“PennDOT”).
23-509: 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 a
Member and Chairman of the Board of the \[Authority\],
which owns the \[Facility\], would have a conflict of
interest with regard to participating in discussions,
votes, or other actions of the Authority Board
pertaining to a tenant of the \[Facility Structure\], where
in a private capacity, the individual \[Has a Business
Relationship\] with the tenant.
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23-510 (Holling): Re: Whether in your capacity as chairman of the
America250PA Chester County Commission (which
commission is also known – and hereinafter referred
to – as America250PA), you would be considered a
“public official” 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
particularly, the requirements for filing Statements of
Financial Interests.
23-511 (Friemuth): 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 a
Member of the Board of the Redevelopment Authority
of Montgomery County (“Authority”) would have a
conflict of interest with regard to participating in
discussions or votes of the Authority Board pertaining
to the Authority’s award of an agreement/contract for
the administration of grant funds for housing projects,
if a non-profit corporation with which the individual is
employed would submit a proposal to the Authority to
administer the grant funds.
23-512: Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon you following
termination of your employment as the \[Position\] of
the \[Governmental Entity\].
23-513: 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 would have a
conflict of interest in his capacity as the \[Political
Subdivision 1\] \[Position\] or in his capacity as a
Member of the \[Governing Body\] of \[Political
Subdivision 2\] with regard to participating in matters
pertaining to \[Political Subdivision 1’s\] \[Funding\] of
\[Political Subdivision 2\] or other issues involving the
relationship between \[Political Subdivision 1\] and
\[Political Subdivision 2\].
23-514: Re: Whether, pursuant to Section 1103(a) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1103(a), a \[Political Subdivision\]
\[Official\] would have a conflict of interest with regard
to voting to appoint himself to a volunteer board of a
\[Type of Nonprofit Organization\] or \[Political
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Subdivision\] \[Entity\] or voting to appoint himself to the
position of chair or vice chair of a board on which he
serves.
23-515 (Hover): 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 a
member and president of a borough council would
have a conflict of interest with regard to participating
in discussions or votes of borough council on the
payment of compensation to a firm that is a human
resources consultant to the borough or on personnel
decisions involving advice or recommendations of the
firm, where the owner of the firm is the treasurer of a
political committee formed to raise money to support
the individual’s candidacy for reelection to borough
council.
23-516: 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 a \[Position\] for the
\[Governmental Body Within a Political Subdivision\]
with regard to being appointed to the board of a non-
profit entity that owns land in the \[Political
Subdivision\].
23-517 (Kupas): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon you following
termination of your employment as the
Commonwealth EMS Medical Director for the
Pennsylvania Department of Health (“Department of
Health”), Bureau of Emergency Medical Services
(“Bureau of EMS”).
ORDERS (Ethics):
1814 (tray): Re: This is a final adjudication of the State Ethics
Commission
1815 (Tucker): Re: This is a final adjudication of the State Ethics
Commission
S-ORDERS (Ethics):
749-S (McQuiston): Re: This is a final adjudication of the State Ethics
Commission
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750-S (Welshons): Re: This is a final adjudication of the State Ethics
Commission
751-S (Davis): Re: This is a final adjudication of the State Ethics
Commission
S-ORDERS (Lobby):
156-SL:(Allies Children): Re: This is a final adjudication of the State Ethics
Commission
GAMING DETERMINATION:
23-2001(Lovenheim): Re: Whether the Requester’s service as a township
supervisor for Smithfield Township in Monroe County
would bring him within the definition of the term
“public official” set forth in Section 1512(b) of the
Gaming Act, and therefore cause him to be subject to
the restrictions of the Gaming Act at 4 Pa.C.S. §
1512(a.1).
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