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HomeMy WebLinkAbout2nd Quarter 2023 INDEX State Ethics Commission Quarterly Rulings for Second Quarter 2023 ADVICES (Ethics): 23-518: (Mueller): Re: Whether an individual serving as a member of a borough zoning hearing board, who in a private capacity as a registered investment advisor with a firm provides investment advisory services to a local attorney and other clients, would have a conflict of interest with regard to participating in matters involving an application before the borough zoning hearing board where: (1) the applicant would be represented by the local attorney; or (2) the applicant would be represented by the local attorney, and the local attorney would be providing legal services to the individual at that time. 23-519 (Boyko): 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 your new employer, a consulting engineering firm, following termination of your employment as a Senior Civil Engineer Supervisor — Transportation with the Pennsylvania Department of Transportation (“PennDOT”). 23-520 (Baker): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose restrictions upon an individual with regard to performing work for his new employer, Versant Strategies, LLC, following termination of his employment as a District – Legislative Aide with the Republican Caucus of the Pennsylvania House of Representatives. 23-521: 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 \[Position 1\] of a \[Political Subdivision\] with regard to the \[Political Subdivision’s\] hiring of the individual’s spouse as either a \[Position 2\] or a \[Position 3\]. 23-521-CL: Re: Whether a conflict of interest under Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), would be created if the spouse of an - 1 - individual serving as the \[Position 1\] of a \[Political Subdivision\] would be employed by the \[Political Subdivision\]: (1) as a \[Position 2\], in which capacity the individual’s spouse would report directly to a \[Type of Position\] other than the individual; or (2) in any capacity. 23-522-(Linebaugh): Re: Whether, as an Applications Developer 2 with the Pennsylvania State Police under job code 01522, you are 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., and particularly, the requirements for filing Statements of Financial Interests. 23-523-(Findlay): 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 who provides transportation services to a school district as a contractor with regard to becoming a school director for the school district. 23-524-(Hagarty): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon you following your service as the Acting Secretary of Education for the Commonwealth of Pennsylvania (“Acting Secretary of Education”). 23-525 (Furlong): 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 Tax Collector for the Borough of Chester Heights (“Borough”) with regard to providing municipal managerial consulting services to the Borough. 23-526-(Kennedy): Re: Whether, as a Roadway Programs Technician 2 with the Pennsylvania Department of Transportation (“PennDOT”) under job code 12511, you are 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 employment with PennDOT, the post-employment restrictions of Section 1103(g) of the Ethics Act — which apply to former public officials/public employees — would be applicable to you. - 2 - 23-527: Re: Whether, pursuant to Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), a member of a \[Political Subdivision Governing Body\] would have a conflict of interest with regard to participating in discussions, votes, or other actions of the \[Political Subdivision Governing Body\] pertaining to the hiring of a \[Political Subdivision Employee\], where one of the applicants for the position of \[Political Subdivision Employee\] is an individual who the member of the \[Political Subdivision Governing Body\] has been dating for an extended period of time. 23-528: Re: Whether, pursuant to Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), a member of a \[Political Subdivision Governing Body\] would have a conflict of interest with regard to participating in discussions, votes, or other actions of the \[Political Subdivision Governing Body\] pertaining to the hiring of a \[Political Subdivision Employee\], where one of the applicants for the position of \[Political Subdivision Employee\] is an individual who the member of the \[Political Subdivision Governing Body\] has been dating for an extended period of time. 23-529 (Ramsay): Re: Whether a borough council member would have a conflict of interest pursuant to Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), with regard to voting to appoint his wife as the borough mayor, where his wife intends to not accept compensation if appointed to such position. 23-530-(Spott): 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 consultant engineering firm following termination of your employment as a Transportation Construction Inspector Supervisor with the Pennsylvania Department of Transportation (“PennDOT”). 23-531 (Freedman): Re: Whether an individual serving as a borough council member would have a conflict of interest pursuant to Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), with regard to participating in actions of the borough council pertaining to the appointment of a borough tax collector if the individual’s husband would be a candidate for such position. - 3 - 23-532-(Weir): 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 simultaneously serving as a deputy constable and a county sheriff. 23-533-(Smith): 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 borough council member would have a conflict of interest with regard to participating in matters before the borough council pertaining to a third party agency that administers and enforces the Uniform Construction Code for the borough, where in his private capacity, the individual is employed as a building inspector with the third party agency. 23-534-(Batula): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon you following termination of your employment as the Deputy Secretary for Highway Administration for the Pennsylvania Department of Transportation (“PennDOT”). 23-535-(DeLeon): Re: Whether, pursuant to Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), a member of a township council would have a conflict of interest with regard to reviewing an application that was submitted to the township zoning hearing board for variances from the township zoning ordinance and voting as to the township council’s position before the township zoning hearing board with respect to the application (i.e., support, opposition, no position), where the applicant is requesting variances in order to construct a wireless communications facility/cell phone tower on property adjacent to the township council member’s residential property. 23-536-(Dinniman): Re: Whether, as a Member of the Board of Trustees of Lincoln University or as a Member of the Tuition Account Program Advisory Board, you are 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. - 4 - 23-537-(Foster): 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 a borough council would have a conflict of interest with regard to participating in matters pertaining to a culvert project or a street and stormwater improvement project where there is a reasonable expectation that the individual’s employer, a construction company, will submit bids for the projects. 23-538-(Benner): Re: Whether, in your former capacity as a Registered PRN Nurse with the Pennsylvania Department of Human Services (“Department of Human Services”), you were 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 the post-employment restrictions of Section 1103(g) of the Ethics Act — which apply to former public officials/public employees — would now be applicable to you. OPINIONS: 23-001 (Spangler): Whether a member of the Pennsylvania State Advisory Council on Early Childhood Education and Care 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. ORDERS (Ethics): 1816-(Postupac): Re: This is a final adjudication of the State Ethics Commission 1817-(Scappe): Re: This is a final adjudication of the State Ethics Commission 1818-(Meyer): Re: This is a final adjudication of the State Ethics Commission 1819- (Kasper): Re: This is a final adjudication of the State Ethics Commission 1820- (Wansdon): Re: This is a final adjudication of the State Ethics Commission - 5 - ORDERS (SFI): 752-S (Petersen): 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. 753-S (Miller): 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. 754-S (Parson): 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. 755-S (Justin Johnson): 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. 756-S (Grafton): 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. 757-S (John Johnson): 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. 758-S (Rine): Re: This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency - 6 - 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. 759-S (Schillinger): 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. 760-S (Taylor): 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. 761-S (Mincemoyer): 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. 762-S (Snavley): 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. 763-S (Kennedy): 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. 764-S (Sinkovich): 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. - 7 - 765-S (Jaram): 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. 766-S (Broady): 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. 767-S (Fritz): 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. 768-S (Zimmerman): 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. 769-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. 770-S (Spencer): 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. 771-S (Vertil): 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 - 8 - and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. 772-S (Stewart): 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. 773-S (Stecik): 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 (Lobby): 157-SL (District 1199C): Re: This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of 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.” 158-SL (Aging/Diverse): Re: This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of 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.” 159-SL (MS Consultans): Re: This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of 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.” st 160-SL (21 Cent. Ed.): Re: This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of 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.” - 9 - 161-SL (Verland CLA): Re: This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of 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.” 162-SL (USWM, LLC): Re: This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of 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.” 163-SL (Penn Film Grp.): Re: This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of 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.” - 10 -