HomeMy WebLinkAbout1st Qtr 2008
INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2008
ADVICES (Ethicsl:
08-500-5 (Knopp):
08-501 (McNeely):
08-502 (Vito):
08-503:
08-504 (Sitzel):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
newly-elected borough council member, whose
fiancee currently serves as the borough
secretary/treasurer, as to: (1) voting to approve the
borough payroll; or (2) participating in other matters
before the borough council.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
borough council member, who is employed by a
university within the State System of Higher
Education, with regard to participating in matters
before the borough council that would involve the
university.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any prohibitions or restrictions upon the
Deputy Secretary for Workforce Development for the
Commonwealth of Pennsylvania Department of Labor
and Industry ("Labor and Industry"), who in a private
capacity serves as a member of an honorary board of
a non-profit organization, with regard to: (1) providing
funding to the non-profit organization through grants
from Labor and Industry; or (2) soliciting contributions
for the non-profit organization from various sources.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
school district superintendent with regard to the
school district contracting with an architectural firm
that employs her husband.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon an
- 1 -
08-505 (Garner, Jr.):
08-506 (Perini):
08-507 (Sobel, IV):
08-508:
08-509:
A, whose daughter-in law is employed as a B by the
[political subdivision], as to: (1) participating in or
receiving briefings and updates on contract
negotiations between the [political subdivision] and
the Bs' union; or (2) voting on a contract between the
[political subdivision] and the Bs' union.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
member of a borough council with regard to
simultaneously serving as solicitor for a municipal
authority.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
school director with regard to providing disc jockey
services for school dances through a business owned
by the school director and a member of his immediate
family, when the compensation for such services
would not be paid by the school district.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
county commissioner with regard to simultaneously
serving as solicitor for township(s) or borough(s)
located in or about the county.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of an
A following termination of service with Commonwealth
Agency B.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon the
A of the Board of Directors ("Board") of Governmental
Body B (hereinafter "the Authority"), who is a C in a
[type of business], with regard to voting on
applications for a round of funding from the Authority,
where said [type of business]'s client(s) would be
among the applicants for that round of Authority
funding.
- 2 -
08-510 (Adams):
08-511 (Strausser):
08-512 (Sadler):
08-513 (Gutelius):
Re: Whether as a Business Analyst 2 with the
Commonwealth of Pennsylvania Department of
Health ("DOH"), either prior to retirement or as a
temporary annuitant with DOH serving in the same
position, you would be considered a "public
employee" subject to the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
and the Regulations of the State Ethics Commission,
and upon leaving Commonwealth employment, the
restrictions of Section 1103(g) of the Ethics Act
pertaining to former public officials/public employees.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
borough council member, who is employed by a
company in which his son is a partner, with regard to
participating in matters pertaining to the award of a
borough contract to the aforesaid company.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
county commissioner, whose spouse is employed by
the county's court of common pleas and is a
"confidential employee" of the county, with regard to:
(1) participating in approving the county court's
budget; (2) participating in approving the annual merit
increase budget for all management/confidential
employees of the county, which would include the
spouse's increase as determined by her department
head; (3) participating as a member of the county's
salary board in any proposed reclassification of court
department positions that would include the spouse's
position; or (4) participating in discussions during
weekly budget workshops that might include the issue
of the county court's personnel costs.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would permit an excavating business to contract with
a borough where: (1) the president and controlling
stockholder of the aforesaid business serves as the
borough mayor; and: (2) an employee of the aforesaid
business serves as a borough council member; and
whether the Ethics Act would impose any prohibitions
or restrictions upon a borough mayor, whose son-in-
- 3 -
08-514 (Donatelli):
08-515 (Joseph):
08-516:
08-517 (Clayberger):
law is employed by the borough police force, with
respect to the performance of his mayoral duties.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
township supervisor, who in his private capacity is
employed as an attorney with a law firm, with regard
to voting on a real estate developer's request for
conditional use approval for a township property,
where: (1) the property to be developed is a portion of
a larger parcel to be developed, the remainder of
which parcel lies in a bordering township; and (2) the
attorney's law firm serves as solicitor for the bordering
township.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
borough council member, whose son-in-law is
employed by the borough as a street department
worker, with regard to voting on issues pertaining to
the sale of the borough's water treatment plant to a
private water supplier, where the borough council
member's son-in-law, as the least senior member of
the collective bargaining unit that covers the
borough's water treatment plant employees and street
department workers, could be laid off if the borough's
water treatment plant would be sold.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon
Commonwealth Official A, who serves as a Member
of Governmental Body B (hereinafter "the
Commission"), with regard to applying for a C and/or
participating in the related program administered by
the Commission.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
member of a three-member board of township
supervisors, whose spouse serves as solicitor for the
township, with regard to: (1) seconding a motion to
retain her spouse as township solicitor, where the
other two township supervisors would have opposing
views; or (2) voting on a motion to retain her spouse
- 4 -
08-518 (Lytle):
08-519 (Tomasko):
08-520 (McClure):
08-521 (Brodhead):
08-522 (Luben):
as township solicitor, where the other two township
supervisors would cast opposing votes.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any prohibitions or restrictions upon a
Surface Mine Conservation Inspector for the
Commonwealth of Pennsylvania, Department of
Environmental Protection ("DEP"), as a result of the
prospective mining of a property that is partially
owned by his spouse, where such property is located
outside of his inspection district.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any prohibitions or restrictions upon a
township supervisor in matters involving the zoning of
a tract of land that includes a proposed parcel the
supervisor is interested in purchasing.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any prohibitions or restrictions upon a
member of a county council with regard to
participating as a member of the county's retirement
board in matters pertaining to the county retirement
system, where his spouse is employed as an
assistant district attorney with the county and is a
participant in the county retirement system.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
township supervisor with regard to participating in
matters pertaining to a company that has a contract
with the township to provide commercial building
inspection services to the township, where the
supervisor is employed by such company as a
building code official and inspector.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of a
Civil Engineer Manager - Transportation following
termination of service with the Commonwealth of
Pennsylvania Department of Transportation
("PennDOT").
- 5 -
08-523 (Davis):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
township supervisor, who is employed by a surveying
firm in which her brother is the principal, with regard
to voting on subdivision and land development plans
submitted to the township by the aforesaid surveying
firm.
08-524 (Savona):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
township supervisor, whose two sons and son-in-law
are employed by the township as police officers, with
regard to voting as to the execution of a collective
bargaining agreement between the township and the
collective bargaining unit for the township's police
officers.
08-525 (Sekula):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
county recorder of deeds with regard to being
employed by a company that contracts with the
county to provide maintenance and support for a
software application purchased from such company
for use by the office of the recorder of deeds.
08-526:
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of an
A following termination of service with Commonwealth
Agency B, C Office.
08-527 (Snyder):
Re: Whether as Chief of the Jefferson Volunteer
Fire Company, you would be considered a public
official/public employee subject to the Public Official
and Employee Ethics Act ("Ethics Act"), 65 PaC.S. S
1101 et seq., and Regulations of the State Ethics
Commission, and particularly, the requirements for
filing Statements of Financial Interests.
08-528 (Kapoor):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any restrictions upon employment of
the Director of the Office of Management and
Productivity within the Governor's Office of
- 6 -
08-529 (Shadle):
08-530 (Mowery, Jr.):
OPINIONS (Ethics).;.
08-001 (Rouzer):
08-002 (Boback):
Administration, following
Commonwealth employment.
termination
of
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any prohibitions or restrictions upon a
borough mayor, whose son-in-law is currently
employed as sergeant of the borough police
department and could eventually be appointed
borough chief of police, with regard to the
performance of her mayoral duties.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose prohibitions or financial disclosure
requirements upon an Assistant Counsel with the
Pennsylvania Labor Relations Board ("PLRB"), who is
a member of the Labor and Employment Law Section
("the Section") of the Pennsylvania Bar Association
("PBA"), with regard to attending a conference on
labor and employment law to be held in Poland,
where: (1) the Assistant Counsel's membership dues
for the PBA and the Section are paid by the PLRB; (2)
the Assistant Counsel's supervisor has approved of
the Assistant Counsel's involvement in Section
activities and presentations, including the Section's
upcoming trips to Poland; (3) the Assistant Counsel
would use personal or annual leave for the trip; (4) the
Assistant Counsel's expenses for lodging and some
meals would be paid by the sponsoring parties in
Poland, and the remaining expenses, including those
for travel and airfare, would be reimbursed by the
Section; and (5) the Section members include
attorneys who appear before the PLRB.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would require a school director to disclose on his
Statement of Financial Interests an inheritance
received from a family member.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would require a state legislator to disclose on her
Statement of Financial Interests as a gift: (1) the
provision by a municipality or county of a room at no
- 7 -
charge for part-time use as a satellite district office; or
(2) the provision by a nonprofit community
organization of a room at no charge for use as a
legislative district office on a once-a-month basis, and
if disclosure would be required, how such gift(s) would
be valued.
08-003 (Corcoran):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions upon a
county coroner with regard to simultaneously serving
as a school director.
ORDERS (Ethicsl:
1407-2 (Complainant A): Re: The Investigative Division of the State Ethics
Commission conducted an investigation regarding a
possible wrongful use of act and breach of
confidentiality under the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
by the above-named "Complainant." Written notice of
the specific allegations was served at the
commencement of the investigation. Upon
completion of the investigation, the Investigative
Division issued and served upon Complainant a
Findings Report identified as an "Investigative
Complaint," which constituted the Investigation
Division's Complaint against the Complainant. An
Answer was not filed and a hearing was deemed
waived. On August 8, 2006, Order 1407 was issued
by the Commission, which included: (1) a final
determination that the Complainant violated Section
1108(k) of the Ethics Act (pertaining to breach of
confidentiality); and (2) a preliminary determination
that the Complainant did not violate Section
1110(a)(2) of the Ethics Act (pertaining to wrongful
use of the act).
1451 (Eathorne): Re: This is a final adjudication of the State Ethics
Commission.
1452 (Barr): Re: This is a final adjudication of the State Ethics
Commission.
1453 (Complainant A): Re: The Investigative Division of the State Ethics
Commission conducted an investigation regarding a
possible wrongful use of act and breach of
confidentiality under the Public Official and Employee
- 8 -
Ethics Act, 65 Pa C. S. S 1101 et seq., by the above-
named "Complainant." Written notice of the specific
allegations was served at the commencement of the
investigation. Upon completion of the investigation,
the Investigative Division issued and served upon
Complainant a Findings Report identified as an
"Investigative Complaint," which constituted the
Investigation Division's Complaint against the
Complainant. An Answer was filed and a hearing was
requested. A Stipulation of Findings and a Consent
Agreement waiving an evidentiary hearing were
subsequently submitted by the parties to the
Commission for consideration. The Stipulation of
Findings is quoted as the Findings in this Order. The
Consent Agreement has been approved
1454 (Bayle): Re: This is a final adjudication of the State Ethics
Commission.
1456 (Carlock, Jr.): Re: This is a final adjudication of the State Ethics
Commission.
1457 (Evans): Re: This is a final adjudication of the State Ethics
Commission.
1458 (Foster): Re: This is a final adjudication of the State Ethics
Commission.
1459 (Complainant A): Re: This is a preliminary determination of the State
Ethics Commission as to wrongful use of the Public
Official and Employee Ethics Act ("Ethics Act"), 65
PaC.S. S 1101 et seq.
343-5 (Smallwood): 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. S 1101 et seq.
- 9 -