HomeMy WebLinkAbout4th Qtr 2008
INDEX
State Ethics Commission
Quarterly Rulings for Fourth Quarter 2008
ADVICES (Ethicsl:
08-580 (Williams):
08-581 (Wolf:
08-582: (Perrotta):
08-583:
08-584:
Re: Whether as an Accounting Assistant with the
Pennsylvania Department of Transportation
("PennDOT"), 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 impose any prohibitions or restrictions upon a
borough council member with regard to voting or
otherwise participating in his or her official capacity
with regard to the proposed rezoning of a portion of
the borough from residential to commercial, where:
(1) the borough council member resides in the portion
of the borough that is to be considered for rezoning;
and (2) such rezoning could affect the value of the
borough council member's real estate.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any prohibition or restrictions upon a
township supervisor with regard to simultaneously
serving as secretary of the township sanitation
department.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibitions or restrictions:
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any restrictions upon employment of an
A following termination of service with Commonwealth
Agency B.
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08-585 (Brandt):
08-586 (Corey):
08-587 (Stevenson):
08-588 (Stick):
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: (1) simultaneously
serving as a member of a municipal authority board;
(2) voting to appoint himself to serve as an
uncompensated member of such authority board; or
(3) participating in actions, negotiations, or votes on
issues involving transactions between the township
and the municipal authority while simultaneously
serving in the positions in question; and if the
township supervisor would be appointed to a position
on the municipal authority board, whether the
municipal authority would be considered a business
with which the township supervisor is associated such
that he would be required to disclose on his
Statement of Financial Interests such authority board
position as an "office, directorship or employment in
any business entity."
Re: Whether, in a factual scenario like that
addressed by the Commission's ruling in Corey,
Opinion 08-005, the slightly different facts that: (1)
there would be only two settlors of the trust
established in the name of the public official's minor
child; and (2) there would be an expanded definition
of permissible expenses, would change the financial
disclosure requirements set forth by the Commission
in Corey, supra
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 an
officer and employee of a bank with which the
township has accounts.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would permit an individual to seek election as a
borough council member or borough mayor where
said individual is involved in a lawsuit against the
borough and some of the borough's elected and
appointed officials and employees; and if said
individual would be elected as a borough council
member or borough mayor, whether the Ethics Act
would impose any prohibitions or restrictions upon
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08-589 (Rice):
08-590 (Mann):
08-591 (Honchar):
08-592 (Donatelli):
him with regard to the performance of the duties of his
borough position as a result of such litigation.
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 ("the Member") of the Pennsylvania House of
Representatives with regard to taking an active role in
seeking and lobbying for state grants for an initiative
commenced by a chamber of commerce to assess
the social and economic environments in the local
region, where: (1) the Member is a member of the
chamber of commerce; (2) the Member does not
serve on the board of directors of the chamber of
commerce; (3) the Member is not an employee of the
chamber of commerce; (4) the Member serves as a
member and co-chair of a steering committee formed
by the board of directors of the chamber of commerce
to offer guidance and advice to the board of directors
with respect to such initiative; and (5) the Member's
service on the steering committee is voluntary and
without remuneration.
Re: Whether a Coordinator of Legislative Analyses
with the Pennsylvania House of Representatives
Republican Caucus 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 Pennsylvania State Ethics
Commission.
Re: Whether individuals employed by the
Pennsylvania Department of Public Welfare as
Income Maintenance Caseworkers under job code
44720 would be considered "public employees"
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 in
particular, the requirements for filing Statements of
Financial Interests pursuant to the Ethics Act.
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 and his spouse with regard to
entering into a license agreement with the township to
permit the township to use a portion of property
owned by the supervisor and his spouse (collectively,
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08-593 (Brenchley):
08-594 (Cleary):
08-595 (Sinick):
"the landowners") to store and access the Township's
road salt during the winter of 2008-2009, where: (1)
the township would pay no consideration to the
landowners; (2) the township would indemnify the
landowners for any damages the township would
cause to the property and would identify the
landowners as additional insureds on the township's
insurance policies; (3) the township would plow and
salt the landowners' driveway for the purpose of
accessing the road salt; (4) the township would make
temporary improvements to the property pad site to
accommodate the salt, which improvements would be
removed at the conclusion of the agreement; (5) the
value of the license agreement to the landowners, if
any, is believed not to exceed $500; (6) the
supervisor would abstain from voting on the license
agreement and would disclose the reasons for such
abstention; (7) the license agreement would be
awarded through an open and public process; and (8)
the supervisor would have no supervisory or overall
responsibility as to the implementation or
administration of the license agreement.
Re: Whether as an Environmental Engineering
Specialist with the Pennsylvania Department of
Environmental Protection ("DEP"), 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 11 03(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 require a county council member to file a
particular form/document when disclosing on her
Statement of Financial Interests her receipt of a
television set in a raffle in September 2008, and
during what timeframe would the county council
member be required to file such form/document.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any restrictions upon employment of a
Civil Engineer - Bridges following termination of
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service with the Pennsylvania Department of
Transportation ("PennDOT").
08-596 (Corey):
Re: Whether a Legislative Secretary employed by
the Republican Caucus of the Pennsylvania House of
Representatives ("House") would be considered a
"public employee" subject to the Public Official and
Employee Ethics Act (the "Ethics Act"), 65 PaC.S. S
1101 et seq., and the Regulations of the State Ethics
Commission, and in particular, the requirements for
filing Statements of Financial Interests; and, if the
Legislative Secretary would also serve as a Township
Auditor, whether it would be sufficient for her to
complete one statement of financial interests form
each year for both positions, checking the "status"
boxes for public official and public employee in a non-
election year, and the status boxes for public official,
public employee, and candidate in an election year.
08-597 (Yosh):
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
Pennsylvania State Constable with regard to
simultaneously serving in an unpaid volunteer status
as an assistant to a borough code enforcement
officer.
08-598 (Sesny):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any restrictions upon employment of a
Civil Engineer Manager - Transportation following
termination of service with the Pennsylvania
Department of Transportation ("PennDOT").
08-599 (Corey):
Re: Whether a Regional Coordinator, District
Operations with the Republican Caucus of the
Pennsylvania House of Representatives ("House")
would be considered a "public employee" subject to
the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa C. S. S 1101 et seq., and the Regulations
of the State Ethics Commission, and in particular, the
requirements for filing Statements of Financial
Interests.
08-600 (Dilorio):
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any restrictions upon an annuitant who,
following retirement from the Pennsylvania
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08-601 (Measel, Jr.):
08-602 (Minnich):
08-603 (Schorpp):
Department of Education ("Department of
Education"), Bureau of Career and Technical
Education ("BCTE"), has provided services to the
BCTE under the 95-day annuitant program, when: (1)
the annuitant has already utilized the maximum
amount of time allowable under the 95-day program
for calendar year 2008; and (2) the BCTE is
interested in retaining the annuitant to provide
consulting services as an independent contractor.
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 who is employed by the township
as Director of Public Services, with regard to meeting
with one or both of the other township supervisors
during normal township business hours on matters
within the scope of his duties as the Director of Public
Services, when: (1) the position of Director of Public
Services is a full-time, salaried position; (2) the
Director of Public Services is not paid on an hourly
basis, but rather is expected to work as many hours
as are required to discharge all of the duties of the
position; (3) the duties set forth in the job description
for the Director of Public Services include meeting
with the Township Supervisors on matters within the
scope of duties of the Director of Public Services; and
(4) the township supervisor would not collect any
compensation other than the salary associated with
the position of Director of Public Services for
attending such meetings with the township
supervisors.
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 Deputy Secretary for Financial Administration in
the Governor's Office of the Budget ("Office of the
Budget") following termination of service with the
Commonwealth of Pennsylvania
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
executive assistant with a county's Office of the
Solicitor, who is a participant in the county's health
insurance benefits program, with regard to utilizing a
county fax machine and the county's telephone
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08-604 (Harding):
OPINIONS (Ethics).;.
08-006 (Davison):
08-007 (Castor, Jr.):
service to fax her health insurance claims to the
program insurer, when the county considers the
utilization by program participants of the county's fax
machines and telephone service for such purposes to
be part of the overall health insurance benefit
provided by the county under the program.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would impose any restrictions upon employment of a
former Civil Engineer Consultant - Bridges, who,
following retirement from the Pennsylvania
Department of Transportation ("PennDOT"), returned
to provide services to Penn DOT in the same position
as an annuitant until October 23, 2008.
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act"), 65 PaC.S. S 1101 et seq.,
would present any prohibition or restrictions upon a
school director with regard to participating in contract
negotiations with the bargaining unit for the school
district's teachers where: (1) any collective bargaining
agreement reached with the teachers' bargaining unit
would serve as the framework for the benefit package
negotiated with the other school district employee
bargaining units; (2) if the school board would settle
with the teachers' bargaining unit on an overall
economic package resulting in a specific percentage
increase for wages and benefits, the school board
would seek to settle with the other bargaining units for
an overall economic package increase of the same
percentage; (3) the school director's spouse is
employed by the school district as a secretary; and (4)
the school director's spouse is not a member of the
bargaining unit for the school district secretaries but
would receive the wages and benefits negotiated by
the school district secretaries' bargaining unit.
Re: Whether, pursuant to the Public Official and
Employee Ethics Act ("Ethics Act"), 65 PaC.S. S 1101
et seq., a county commissioner would have a conflict
of interest under Section 1103(a) of the Ethics Act
with respect to arrangements for the collection of the
county's delinquent taxes, where: (1) the county is
currently under contract with a firm ("the Contractor")
for the collection of the county's delinquent taxes; (2)
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the contract is expiring and the county commissioners
will have to decide whether to renew the contract or
utilize another entity or the county treasurer's office to
collect delinquent taxes; (3) the county commissioner
is a partner in a law firm that is representing a client in
a lawsuit against the Contractor in a matter unrelated
to the contract; and (4) the law firm's client does not
seek to contract with the county to collect the county's
delinquent taxes.
08-008 (Fox):
Re: Whether, pursuant to the Public Official and
Employee Ethics Act ("Ethics Act"), 65 PaC.S. S 1101
et seq., a county commissioner would have a conflict
of interest under Section 1103(a) of the Ethics Act
with respect to arrangements for the collection of the
county's delinquent taxes, where: (1) the county is
currently under contract with a firm ("the Contractor")
for the collection of the county's delinquent taxes; (2)
the contract is expiring and the county commissioners
will have to decide whether to renew the contract or
utilize another entity or the county treasurer's office to
collect delinquent taxes; (3) the county commissioner
is a partner in a law firm that is representing a client in
a lawsuit against the Contractor in a matter unrelated
to the contract; and (4) the law firm's client does not
seek to contract with the county to collect the county's
delinquent taxes.
ORDERS (Ethicsl:
1485 (Young): Re: This is a final adjudication of the State Ethics
Commission.
1486 (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, 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
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subsequently submitted by the parties to the
Commission for consideration. The Stipulated
Findings are set forth as the Findings in this Order.
The Consent Agreement has been approved.
1487 (Sipper): Re: This is a final adjudication of the State Ethics
Commission.
1488 (Berkebile): Re: This is a final adjudication of the State Ethics
Commission.
1489 (Keohane): Re: This is a final adjudication of the State Ethics
Commission.
1490 (Donia): Re: This is a final adjudication of the State Ethics
Commission.
1490-R (Donia): Re: On October 24, 2008, the State Ethics
Commission received a request for reconsideration of
Order No. 1490 issued on October 10, 2008.
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:
1491 (Morton): Re: This is a final adjudication of the State Ethics
Commission.
1492 (Burchfield, Sr.): Re: This is a final adjudication of the State Ethics
Commission.
1493 (Johnson): Re: This is a final adjudication of the State Ethics
Commission.
1494 (Maha): Re: This is a final adjudication of the State Ethics
Commission.
1495 (Lenhart): Re: This is a final adjudication of the State Ethics
Commission.
346-S (Calderbank): 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 PaC.S. S1101 et seq.
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347 -S (Forjan):
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.
348-S (Mann):
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.
349-S (Kean):
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.
350-S (Rotella):
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.
351-S (Hall):
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.
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