HomeMy WebLinkAbout4th Qtr 2024
INDEX
State Ethics Commission
Quarterly Rulings for Fourth Quarter 2024
ADVICES (Ethics):
24-577 (Gruenloh): Re: Whether, as a Member of the Planning
Commission of Clifton Township (“Township”),
Lackawanna County, Pennsylvania, you would have a
conflict of interest under Section 1103(a) of the Public
Official and Employee Ethics Act (“Ethics Act”), 65
Pa.C.S. § 1103(a), with regard to participating in
discussions or votes of the Township Planning
Commission pertaining to an individual’s conditional
use application that seeks approval to develop a bed
and breakfast inn on property located in close
proximity to your property.
24-566: 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
\[Political Subdivision\] \[Official\] would have a conflict of
interest with regard to voting on the enactment of an
ordinance that would establish a \[Type of Tax\] in the
\[Political Subdivision\], where: (1) the \[Political
Subdivision Governing Body\] is considering whether
the \[Political Subdivision\] tax collector should be
compensated for collecting a \[Type of Tax\] if one
would be established; (2) any compensation for the
\[Political Subdivision\] tax collector for collecting a
\[Type of Tax\] would need to be authorized by a
\[Political Subdivision\] ordinance or resolution; (3) the
individual’s \[Relative\] is the elected tax collector for
the \[Political Subdivision\]; and (4) the individual’s
\[Relative\] has recommended that the \[Political
Subdivision\] tax collector not be compensated for
collecting a \[Type of Tax\] due to the small amount of
work that would be involved in its collection.
24-567 (Heller): 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 discussions or
votes of borough council pertaining to the placement
- 1 -
of a school resource officer in a school district’s public
school located in the borough, where: (1) in a private
capacity, the individual has a security business; (2) in
the past, the security business has mailed information
to the school district, other school districts, and
businesses to notify them about its services; and (3)
the security business is no longer interested in
providing any school districts with its services.
24-568 (Baker-Smith): 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 Special Assistant to the Secretary of
Agriculture for the Commonwealth of Pennsylvania
24-569 (Finnigan): Re: Whether, if you would resign from your position
as a Member of the Northampton County Tax
Collection Committee (“Tax Collection Committee”),
the Public Official and Employee Ethics Act (“Ethics
Act”), 65 Pa.C.S. § 1101 et seq., would permit you to
serve as the Executive Director of the Tax Collection
Committee in the capacity of an independent
contractor to the Tax Collection Committee.
24-570: Re: Whether two individuals serving as \[Political
Subdivision\] \[Officials\], each of whom owns property
located within a \[Political Subdivision\] \[District\], would
have a conflict of interest under Section 1103(a) of
the Public Official and Employee Ethics Act (“Ethics
Act”), 65 Pa.C.S. § 1103(a), with regard to voting on
the repeal of a uniform \[Type of Tax\] that is levied on
every property located within a \[Political Subdivision\]
\[District\].
24-571: Re: Whether, following termination of your
employment with the \[Political Subdivision\] as the
\[Position\], the Public Official and Employee Ethics Act
(“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would
impose restrictions upon you with regard to engaging
in activities as the \[Executive Position\] of an \[Entity\]
controlled by the \[Political Subdivision Official\].
24-572 (Stedman): Re: Whether, pursuant to Section 1103(a) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1103(a), a township supervisor, whose
\[Relative\] is employed part-time with a company that
- 2 -
operates \[Various Facilities\] in the township, would
have a conflict of interest with regard to participating
in discussions, votes, or other actions of the township
board of supervisors pertaining to land development
matters involving or affecting the company.
24-753 (Vaughn): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would prohibit you from accepting employment with a
firm that has matters before the Pennsylvania
Department of Transportation (“PennDOT”) following
termination of your service with PennDOT as an
annuitant under the 95-day “return to state service”
provision at 71 Pa.C.S. § 5706(A.1).
24-574: Re: Whether, as a \[Position 1\] with the \[Unit\] of the
\[Commonwealth Governmental Body\], 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 the
\[Commonwealth Governmental Body\], 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.
24-575 (Grobes): Re: Whether Section 1103(a) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1103(a), pertaining to conflict of interest, would
prohibit the hiring of the son of a member of a
regional police commission for a position as a part-
time police officer with the regional police department.
24-576 (Davis): 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
working for an investment manager or other type of
entity that does business with the Public School
Employees’ Retirement System (“PSERS”) following
termination of your service as a Member of the
PSERS Board of Trustees.
OPINIONS (Ethics):
24-002): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
- 3 -
would impose prohibitions or restrictions upon
\[Person\], \[Officer\] of \[the Governmental Unit\] \[(“the
Officer”)\], with regard to accepting royalties or another
form of remuneration for authoring and having
published a book on \[a Topic\], where: (1) the book
would focus on \[Certain Matters\]; (2) the book would
include an examination of some of the key \[Types of
Decisions\] made by \[the Officer\] and a discussion of
\[a Particular Matter\]; (3) the book would include
discussion of events and experiences related to \[the
Officer’s\] public service in prior public positions; (4)
the book would include discussion of \[the Officer’s\]
political activity and \[Types of Experiences\]; and (5)
the book would not include discussion of events
pertaining to \[the Officer’s\] work and service as \[the
Officer\] beyond references to that position as a mere
“backdrop,” consistent with this Commission’s past
decisions.
ORDERS (Ethics):
1840 (Raymond): Re: This is a final adjudication of the State Ethics
Commission
1841 (Dalmas): Re: This is a final adjudication of the State Ethics
Commission
1842 (Kean Staab): Re: This is a final adjudication of the State Ethics
Commission
- 4 -