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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. - 1 - 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. - 2 - 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 \[Political - 3 - Subdivision\] \[Entity\] 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 - 4 - 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). - 5 -