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
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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.
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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.
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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.
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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
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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
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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.
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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
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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.”
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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.”
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