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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. - 1 - 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 - 2 - 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, - 3 - 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 - 4 - 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 - 5 - 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 - 6 - 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) - 7 - 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 - 8 - 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. - 9 - 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. - 10-