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HomeMy WebLinkAbout4th Qtr. 2006INDEX State Ethics Commission Quarterly Rulings for Fourth Quarter 2006 ADVICES (Ethics): 06-588 (McGill): Re: Whether as a Real Estate Specialist with the Commonwealth of Pennsylvania, Department of Transportation (“PennDOT”), you would be considered a “public employee” subject to the Public Official and Employee Ethics Act (the “Ethics Act”), 65 Pa.C.S. § 1101 et seq., and the Regulations of the State Ethics Commission, and particularly, the requirements for filing Statements of Financial Interests. 06-589 (Conn): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §1101 et seq., presents any prohibition or restrictions upon a township supervisor, who is an officer and a principal of an insurance company, from accepting business for his insurance company from a law firm that regularly represents applicants before the township board of supervisors with regard to land use issues, and whether the township supervisor must abstain from voting on a land use application when his insurance company has accepted business from the law firm of the attorney who is representing the applicant before the township board of supervisors. 06-590 (O’Gurek): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., presents any prohibition or restrictions upon a county commissioner, who is employed in a part-time capacity with a newspaper, from voting to: (1) authorize the advertisement of county legal notices in the newspaper; (2) approve the payment of bills from the newspaper; or (3) enter into contracts with and/or pay invoices to companies related to the newspaper. 06-591 (Burke): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., presents any prohibition or restrictions upon a township supervisor from voting to pay a bill submitted by the solicitor for the township’s zoning hearing board when: (1) the solicitor was appointed by the zoning hearing board in June 2006; and (2) the solicitor has not filed a Statement of Financial Interests for calendar year 2005 with the township’s secretary. 06-592 (Yosh): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibition or restrictions upon a borough council member with regard to simultaneously serving in an unpaid volunteer status as an assistant to the borough’s code enforcement officer. 06-593 (Gallagher): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., presents any prohibition or restrictions upon three township supervisors with regard to voting upon a public sewage system proposed for a village in the township when the three supervisors own properties that would be included in the public sewage system, and if all three supervisors would have a conflict of interest with regard to voting on the public sewage system, whether Section 1103(j) of the Ethics Act would still permit the supervisors to vote on the public sewage system. 06-594 (Anderson): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., presents any restrictions upon employment of a Municipal Services Specialist following termination of service with the Commonwealth of Pennsylvania, Department of Transportation (“PennDOT”). 06-595 (Stokes): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., presents any restrictions upon employment of a township zoning officer and building code official following termination of service with the township, and whether a member of a township planning commission must abstain from voting on a project presented to the planning commission by a firm when the planning commission member has acted as a consultant to the firm on other projects. 06-596: Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would prohibit an individual from disclosing to a law enforcement agency that the individual had filed a complaint with the State Ethics Commission against a public official/public employee when: (1) the public official/public employee physically assaulted the individual after the complaint was filed; (2) the assault possibly occurred as a result of the public official’s/public employee’s belief that the individual had filed a complaint against him with the State Ethics Commission; (3) the individual thereafter filed a complaint with regard to the assault with the law enforcement agency; and (4) an investigator from the law enforcement agency subsequently asked the individual why the public official/public employee might have assaulted him. 06-597: Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would present any restrictions upon employment of an A following termination of service with Commonwealth Agency B. 06-598 (Strosser): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibition or restrictions upon an architect who is appointed to a borough’s Historical and Architectural Review Board with regard to simultaneously serving as a council member for the borough. 06-599 (Pancoe): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would present any prohibition or restrictions upon a township supervisor, who is acquainted with the son of a local developer as a result of the supervisor’s employment in a private capacity, with regard to voting on matters before the township board of supervisors that would involve the developer. 06-600 (Norton): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would present any prohibition or restrictions upon a member of a joint operating committee for a vocational-technical school, whose spouse is not employed by the vocational-technical school but is employed as a teacher by one of the school districts participating in the vocational-technical school, with regard to serving on a negotiating committee for the vocational-technical school and voting on a collective bargaining agreement between the vocational- technical school and the bargaining unit for its professional employees. 06-601 (Popovich): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibition or restrictions upon a Borough Police Chief with regard to running for the elected office of Magisterial District Judge while serving as the Borough Police Chief. 06-602 (Trusky): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would present any prohibition or restrictions upon employment of a Manager of the Accelerated Grievance/Standard Grievance Procedure Program following termination of service with the Bureau of Labor Relations within the Office of Administration. 06-603 (Pierce): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would present any prohibition or restrictions upon a borough council member, who is also a local contractor and part-owner of a construction company, with regard to bidding on contracts for work to be performed for the borough. 06-604 (Falatovich): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would present any prohibition or restrictions upon a township supervisor, whose son is employed with the township’s road crew on a probationary basis, with regard to: 1) participating in labor contract negotiations between the township and the union that represents the road crew employees; 2) receiving information from another supervisor who would be participating in the collective bargaining sessions and engaging in deliberations with the other township supervisors with regard to the acceptability of the contract terms being discussed; and 3) voting on a finalized collective bargaining agreement between the township and the union. 06-605 (Blake): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would present any prohibition or restrictions upon a borough council member with regard to voting to expend borough funds to purchase gift certificates and provide bonuses of one week of pay for each of the borough’s employees. 06-606 (Reams): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would present any prohibition or restrictions upon a borough council member with regard to: 1) voting to appoint himself to serve on a sewer authority board in an unpaid status; or 2) voting to expend borough funds to purchase gifts and provide bonuses of one week of pay for each of the borough’s employees. 06-607 (Nardone): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would present any restrictions upon employment of a Senior Civil Engineer Manager following termination of service with the Commonwealth of Pennsylvania, Department of Transportation (“PennDOT”). 06-608 (Lawson): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would present any restrictions upon employment of a Director of Planning and Policy Management following termination of service with the Pennsylvania Liquor Control Board (the “PLCB”). 06-609 (Peterman): 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 a borough council member with regard to simultaneously serving as a deputy tax collector for the borough. 06-610 (Geary): 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 a borough council member with regard to purchasing unused borough equipment with an estimated value of $800. 06-611 (Lynch): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would present any restrictions upon employment of a Transportation Construction Manager 2 following termination of service with the Commonwealth of Pennsylvania, Department of Transportation (“PennDOT”). 06-612 (Wagenmann): 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 a township manager who anticipates purchasing a new home from a developer that does business in the township and that is presently involved in litigation with the township. OPINIONS (Ethics): 06-007: Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., presents any prohibition or restrictions upon an A from working in a state government position following termination of service with the B. ORDERS (Ethics): 1402 (Hoover): This is a final adjudication of the State Ethics Commission. 1402-R (Hoover): The State Ethics Commission received a request for reconsideration on August 3, 2006, with respect to Order No. 1402 issued on June 30, 2006. Pursuant to Section 21.29 of the Regulations of the Commission, the discretion of the State Ethics Commission to grant reconsideration is properly invoked as follows: 1403 (Nagele, Jr.): This is a final adjudication of the State Ethics Commission. 1403-R (Nagele, Jr.): The State Ethics Commission received a request for reconsideration on August 3, 2006, with respect to Order No. 1403 issued on June 30, 2006. Pursuant to Section 21.29 of the Regulations of the Commission, the discretion of the State Ethics Commission to grant reconsideration is properly invoked as follows: 1408 (Baldo): This is a final adjudication of the State Ethics Commission. 1409 (Price): This is a final adjudication of the State Ethics Commission. 1410 (Salaneck): This is a final adjudication of the State Ethics Commission. 1411 (Seamans): This is a final adjudication of the State Ethics Commission. 1412 (Wyrick): This is a final adjudication of the State Ethics Commission. 1413 (Kehoe): This is a final adjudication of the State Ethics Commission. 1414 (Kinzer): This is a final adjudication of the State Ethics Commission. 1415 (Drost): This is a final adjudication of the State Ethics Commission. 1416 (Ellsworth): This is a final adjudication of the State Ethics Commission. 1417 (Rembold): This is a final adjudication of the State Ethics Commission. 1418 (Peter): This is a final adjudication of the State Ethics Commission. 1419 (Eppley): This is a final adjudication of the State Ethics Commission. 281-S (Garrah): 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. 282-S (Newton): This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of Statement 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. 283-S (Lambert, Sr.): This is a final adjudication of the State Ethics 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. 284-S (Gales): 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. 285-S (Impink): This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of Statement 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. 286-S (Martin): 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. 287-S (Gority): 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. 288-S (Dambly): This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of Statement 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. 289-S (Wolff): This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of Statement 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. 290-S (Voluntad): 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. 291-S (Tepper): 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. 292-S (Irvin): 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. 293-S (Segal): 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. 294-S (Davis): 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. 295-S (Pazmino): 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. 296-S (Shoemaker): 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. 297-S (Chivapornthip): 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. 298-S (Judy, Sr.): 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. 299-S (Holland): 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. 300-S (Fegely): 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. 301-S (Galovich): 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. 302-S (Gonzalez): 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. 303-S (Ehman): 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. 304-S (Belle): 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. 305-S (McNeil): 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. 306-S (Ortiz): 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. 307-S (Perna): 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. 308-S (Frazier): 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. 309-S (Watt, Jr.): 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. 310-S (Johns): 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. 311-S (Wallace): 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. 312-S (Sopko, Jr.): 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. 313-S (Hollinger, III): 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. 314-S (Hirsh): This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of Statement 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.