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INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2004
ADVICES (Ethics):
04-500 (DiPiazza):
Conflict; Public Official/Employee; School Director;
Business With Which Associated; Contract With
School District.
04-501 (Puppio, Jr.):
Simultaneous Service, Legal Counsel for
Pennsylvania State Board of Claims and Member of
Delaware County Council.
04-502 (Pisoni):
Conflict; Public Official/Employee; Township
Supervisor; Board Member and Vice President of
Water Company; Business With Which Associated;
Ordinance; Vote.
04-503 (Bagnoni):
Conflict; Public Official/Employee; Third Class City;
Council Member; Salary; Insurance Benefits; Private
Pecuniary Benefit/Detriment; Monetary Payment in
Lieu of Insurance Benefits.
04-504 (Allio):
Former Public Employee; Section 1103(g); Local
Government Liaison; Environmental Community
Relations Specialist; Department of Environmental
Protection.
04-505 (Wellington):
Simultaneous Service, Municipal Authority Employee
and Municipal Authority Board Member.
04-506 (Morningstar):
Conflict; Public Official/Employee;
Boyfriend/Girlfriend; Immediate Family; Auditor;
Township; Voting to Set Supervisors’ Wages.
04-507 (Varner):
Former Public Employee; Section 1103(g);
Transportation Construction Inspector Supervisor;
Design Division; PennDOT.
04-508 (Kelly, Sr.):
Conflict; Public Official/Employee; Exclusion;
Class/Subclass; Councilman; Borough; Borough
Employee; Workman's Compensation; Insurance.
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04-509 (Roberts):
Conflict; Public Official/Employee; Borough; Tax
Collector; Tax Certification Fee; Ordinance.
04-510 (Kahler):
Former Public Employee; Section 1103(g);
Transportation Construction Manager 2; District 8-0;
PennDOT.
04-511 (O’Connell, Jr.):
Conflict; Public Official/Employee; Authority Board
Member; Statement of Financial Interests; Reporting
Requirements; Transportation, Hospitality and
Lodging.
04-512:
Conflict; Public Official/Employee; Borough; Council
Member; Immediate Family; Spouse; Corporal; Police
Department; Participating as to Police Matters; De
Minimis; Class/Subclass; Exclusion.
04-513 (Plaisted):
Conflict; Public Official/Employee; Township;
Supervisor; Participation in Township-paid Health
Insurance Plan; Self-insurance; Deductible.
04-514 (Kearney):
Conflict; Public Official/Employee; Township;
Supervisor; Reimbursement by the Township of Legal
Fees Incurred in Filing an Injunction to Stop Vacancy
Board Meeting, and a Complaint to Determine
Whether Vacancy Board Chairman Has a Conflict of
Interest; Official Conduct.
04-515 (Donelson):
Conflict; Public Official/Employee; Township;
Supervisor; Part-time Township Employee;
Compensation for Performing Work Not Approved By
Auditors.
04-516 (Hazzard):
Former Public Employee; Section 1103(g);
Information Technology Generalist I; Department of
General Services.
04-517 (Tobin):
Conflict; Public Official/Employee; Township;
Supervisor; Landfill; Immediate Family; Spouse’s
Aunt.
04-518 (Natale, II):
Conflict; Public Official/Employee; City; Council
Member; Business With Which Associated; Pre-
existing Contract With County Housing Authority;
Business Relationship.
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04-519 (Smith):
Conflict; Public Official/Employee; City; Council
Member; Director of Public Safety; Immediate Family;
Son; Participating on Police Department Matters.
04-520 (Oswald):
Conflict; Public Official/Employee; School Director;
Independent Contractor; Compensated Services at
Extracurricular/Sporting Events; Activity Fund.
04-521:
Conflict; Public Official/Employee; Township;
Supervisor; PSATS Convention; Reimbursement For
Lost Wages; School Teacher; School District; Private
Pecuniary Benefit.
04-522 (Boros):
Former Public Employee; Section 1103(g); Highway
Design Manager/Project Manager; Engineering
District 10-0; PennDOT.
04-523 (Arnold):
Conflict; Public Official/Employee; School Director;
Business With Which Associated; Contract With
School District.
04-524:
Former Public Official/Employee; Section 1103(g);
Member; Chairman; Pennsylvania Board of A; B;
Attorney; Legal Representation; Shaulis v.
Pennsylvania State Ethics Commission, ___ Pa. ___,
833 A.2d 123 (2003).
04-525 (Means):
Conflict; Public Official/Employee; Township;
Commissioner; Immediate Family; Son; Police Officer;
Police Pension Plan Committee; Exclusion;
Class/Subclass.
ORDERS (Ethics):
178-S (Cook):
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.
1297 (Dixon):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
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and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
investigation, the Investigative Division served upon
Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was filed and a hearing was
waived. The record is complete. A Consent
Agreement and Stipulation of Findings were
submitted by the parties to the Commission for
consideration. The Stipulation of Findings is quoted
as the Findings in this Order. The Consent
Agreement was subsequently approved.
1298 (Geis):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
investigation, the Investigative Division served upon
Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was not filed and a hearing
was deemed waived. The record is complete.
1299 (Kawulich):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
investigation, the Investigative Division served upon
Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was filed and a hearing was
waived. The record is complete. A Consent
Agreement and Stipulation of Findings were
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submitted by the parties to the Commission for
consideration. The Stipulation of Findings is quoted
as the Findings in this Order. The Consent
Agreement was subsequently approved.
1300 (Luzier):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
investigation, the Investigative Division served upon
Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was filed and a hearing was
held. The record is complete.
1301 (Myrsiades):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
investigation, the Investigative Division served upon
Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was filed and a hearing was
waived. The record is complete. A Consent
Agreement and Stipulation of Findings were
submitted by the parties to the Commission for
consideration. The Stipulation of Findings is quoted
as the Findings in this Order. The Consent
Agreement was subsequently approved.
1302 (Payne):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
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investigation, the Investigative Division served upon
Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was not filed and a hearing
was waived. The record is complete. A Consent
Agreement and Stipulation of Findings were
submitted by the parties to the Commission for
consideration. The Stipulation of Findings is quoted
as the Findings in this Order. The Consent
Agreement was subsequently approved.
1303 (Rembold):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
investigation, the Investigative Division served upon
Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was filed and a hearing was
waived. The record is complete. A Consent
Agreement and Stipulation of Findings were
submitted by the parties to the Commission for
consideration. The Stipulation of Findings is quoted
as the Findings in this Order. The Consent
Agreement was subsequently approved.
1304 (Stoner):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
investigation, the Investigative Division served upon
Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was filed and a hearing was
waived. A Consent Agreement and Stipulation of
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Findings were submitted by the parties to the
Commission for consideration. The Stipulation of
Findings is quoted as the Findings in this Order. The
Consent Agreement was subsequently approved.
1305 (Warner):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
investigation, the Investigative Division served upon
Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was filed and a hearing was
waived. A Consent Agreement and Stipulation of
Findings were submitted by the parties to the
Commission for consideration. The Stipulation of
Findings is quoted as the Findings in this Order. The
Consent Agreement was subsequently approved.
1306 (Wilcox):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
investigation, the Investigative Division served upon
Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was filed and a hearing was
held. The record is complete.
1307 (Adams):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
investigation, the Investigative Division served upon
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Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was not filed and a hearing
was deemed waived. The record is complete.
1308 (Czyzyk):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
investigation, the Investigative Division served upon
Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was not filed and a hearing
was deemed waived. The record is complete.
1309 (Snyder):
Procedurally, the Investigative Division of the State
Ethics Commission conducted an investigation
regarding a possible violation of the Public Official
and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65
P.S. § 401 et seq., as codified by Act 93 of 1998,
Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-
named Respondent. At the commencement of its
investigation, the Investigative Division served upon
Respondent written notice of the specific allegation(s).
Upon completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was not filed and a hearing
was deemed waived. The record is complete.
OPINIONS (Ethics):
04-001 (Shienvold):
Public Employee; Vocational Rehabilitation Pre-
Vocational Instructor; Hiram G. Andrews Center;
Office of Vocational Rehabilitation; Department of
Labor and Industry; Section 1103(g); Appeal of
Advice.
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04-002 (Eiben):
Public Official/Public Employee; Charter School; Non-
Profit Corporation; Director/Trustee; Chief Executive
Officer; Chief Educational Officer; Educational
Administrator; Principal; Solicitor.
04-003:
Conflict; Public Official/Employee; Borough; Council
Member; Business With Which Associated; Motion;
Second; Vote; Three-Member Board.
04-004 (Moore):
Conflict; Public Official/Employee; Authority Board
Member; Intergovernmental Cooperation Authority for
Cities of the Second Class; Business With Which
Associated; Contracting; ALCOSAN; Municipal
Authorities; Private Pecuniary Benefit; Reimbursed
Expenses.
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