HomeMy WebLinkAbout1st Qtr 2010
INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2010
ADVICES (Ethics):
09-503-S: (Wagner)
Re: Whether, pursuant to Section 1103(g) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1103(g), an individual formerly
employed as a Portfolio Manager for the
Pennsylvania Department of Transportation
(“PennDOT”), with a job title of Senior Civil Engineer
Manager, would be permitted during the first year
following termination of Commonwealth employment
to attend any training course(s) offered by PennDOT
to both PennDOT employees and consultants.
10-500:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. §1101 et seq.,
would present any prohibitions or restrictions upon a
member of a [political subdivision] [governmental
body] with regard to contracting with the [political
subdivision] to provide services as the A for a [political
subdivision] project to [perform certain activities].
10-501: (Gutshall):
Re: Whether, in your former capacity as a Regional
Media Relations Officer/Regional Coordinator of
Policy Planning and Development with the
Pennsylvania House of Representatives (“House”),
you would be considered 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, such that the
restrictions of Section 1103(g) of the Ethics Act would
now be applicable to you.
10-502 (Wilhelm):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any restrictions upon the employment
or volunteer work of a Local Government Policy
Specialist following termination of employment with
the Pennsylvania Department of Community and
Economic Development, Governor’s Center for Local
Government Services.
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10-503 (Teti):
Re: Whether an individual employed as an
Accounting Supervisor with the City of Philadelphia
Police Department under job class specification 2A07
would be considered 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., and particularly, the requirements for filing
Statements of Financial Interests.
10-504 (Teti):
Re: Whether an individual employed as a Drug and
Alcohol Abuse Program Manager with the City of
Philadelphia Department of Behavioral Health and
Mental Retardation Services under job class
specification 5F13 would be considered 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., and particularly, the
requirements for filing Statements of Financial
Interests.
10-505 (Teti):
Re: Whether an individual employed as a Library
Supervisor I with the City of Philadelphia, Free Library
of Philadelphia under job class specification 9B08
would be considered 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., and particularly, the requirements for filing
Statements of Financial Interests.
10-506 (Teti):
Re: Whether an individual employed as a Library
Supervisor I with the City of Philadelphia, Free Library
of Philadelphia under job class specification 9B08
would be considered 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., and particularly, the requirements for filing
Statements of Financial Interests.
10-507 (Teti):
Re: Whether an individual employed as a Health
Services Social Work Supervisor with the City of
Philadelphia Department of Behavioral Health and
Mental Retardation Services under job class
specification 5A63 would be considered a “public
employee” subject to the Public Official and Employee
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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., and particularly, the
requirements for filing Statements of Financial
Interests.
10-508 (Teti):
Re: Whether an individual employed as a Surveyor
2 with the City of Philadelphia Streets Department
under job class specification 3F05 would be
considered 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.,
and particularly, the requirements for filing Statements
of Financial Interests.
10-509 (Teti):
Re: Whether an individual employed as a Surveyor
2 with the City of Philadelphia Streets Department
under job class specification 3F05 would be
considered 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.,
and particularly, the requirements for filing Statements
of Financial Interests.
10-510 (Teti):
Re: Whether an individual employed as a Surveyor
2 with the City of Philadelphia Water Department
under job class specification 3F05 would be
considered 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.,
and particularly, the requirements for filing Statements
of Financial Interests.
10-511 (Teti):
Re: Whether an individual employed as a
Recreation Leader 2 with the City of Philadelphia
Recreation Department under job class specification
9D12 would be considered 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., and particularly, the
requirements for filing Statements of Financial
Interests.
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10-512 (Teti):
Re: Whether an individual employed as a
Recreation Leader 2 with the City of Philadelphia
Recreation Department under job class specification
9D12 would be considered 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., and particularly, the
requirements for filing Statements of Financial
Interests.
10-513 (Teti):
Re: Whether an individual employed as a Social
Work Supervisor with the City of Philadelphia Office of
Supportive Housing under job class specification
5A08 would be considered 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., and particularly, the
requirements for filing Statements of Financial
Interests.
10-514 (Teti):
Re: Whether an individual employed as a Youth
Detention Counselor Supervisor with the City of
Philadelphia Department of Human Services under
job class specification 5B24 would be considered 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., and
particularly, the requirements for filing Statements of
Financial Interests.
10-515 (Teti):
Re: Whether an individual employed as an
Environmental Education Program Specialist with the
City of Philadelphia Fairmount Park System under job
class specification 9D27 would be considered 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., and
particularly, the requirements for filing Statements of
Financial Interests.
10-516 (Teti):
Re: Whether an individual employed as a
Prosecution Assistant Supervisor with the City of
Philadelphia District Attorney’s Office under job class
specification 2M90 would be considered a “public
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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., and particularly, the
requirements for filing Statements of Financial
Interests.
10-517 (Teti):
Re: Whether an individual employed as a Cost
Accountant with the City of Philadelphia Streets
Department under job class specification 2A27 would
be considered 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.,
and particularly, the requirements for filing Statements
of Financial Interests.
10-518 (Teti):
Re: Whether an individual employed as a Health
Services Social Work Supervisor with the City of
Philadelphia Department of Public Health under job
class specification 5A63 would be considered 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., and
particularly, the requirements for filing Statements of
Financial Interests.
10-519 (Teti):
Re: Whether an individual employed as a Forensic
Laboratory Supervisor with the City of Philadelphia
Police Department under job class specification 3H40
would be considered 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., and particularly, the requirements for filing
Statements of Financial Interests.
10-520 (Sander):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon a
borough council member with regard to voting to
appoint herself to the position of borough council
president, where, pursuant to a borough ordinance,
the borough council president is paid a higher salary
than the other borough council members.
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10-521 (Miller):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon a
member of a municipal authority board with regard to
performing duties as a municipal authority board
member where said individual, in a private capacity, is
employed with an engineering firm that is the
appointed engineering firm for the municipal authority.
10-522 (Gergely):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-523 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-524 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-525 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered a “public employee”
subject to the Public Official and Employee Ethics Act
(“Ethics Act”), 65 Pa.C.S. § 1101 et seq., and the
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Regulations of the State Ethics Commission, 51 Pa.
Code § 11.1 et seq., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-526 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-527 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-528 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-529 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
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10-530 (Walker):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-531 (Gonzalez):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-532 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-533 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-534 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
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code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-535 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-536 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-537 (Caseworkers):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare (“DPW”)
as an Income Maintenance Caseworker under job
code 44720 would be considered 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., and in particular, the
requirements for filing Statements of Financial
Interests pursuant to the Ethics Act.
10-538 (Pitzer):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any restrictions upon employment of a
Pesticide Certification and Education Specialist
following termination of service with the Pennsylvania
Department of Agriculture.
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10-539:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon a
[type of political subdivision] A who, in a private
capacity, resigned from serving as the executive
director and a member of the board of directors of a
non-profit B corporation prior to assuming office as a
[type of political subdivision] A, with regard to making
a motion or voting on: (1) the extension of the term
and scope of a lease of a [type of political subdivision]
building to the corporation; (2) the [type of political
subdivision]’s purchase of a C, the approval for
having an additional C holder, and approval of the
corporation as an additional C holder; or (3) a request
by the corporation to hold fundraising events on
property owned by the [type of political subdivision].
10-540:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon a
[type of political subdivision] A who, in a private
capacity, resigned from serving as a member of the
board of directors of a non-profit B corporation prior to
assuming office as a [type of political subdivision] A,
with regard to making a motion or voting on: (1) the
extension of the term and scope of a lease of a [type
of political subdivision] building to the corporation; (2)
the [type of political subdivision]’s purchase of a C,
the approval for having an additional C holder, and
approval of the corporation as an additional C holder;
or (3) a request by the corporation to hold fundraising
events on property owned by the [type of political
subdivision].
10-541 (Krauland):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon a
member of an industrial development authority board
who, in a private capacity, is president of a bank with
which the authority has several ongoing transactions,
including a fixed rate mortgage.
10-542:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon A
with regard to participating in the consideration of Bs
for Cs, the award of Cs, and the administration of Cs
when:
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10-543 (Busack):
Re: Whether, pursuant 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., the
requirements for an individual employed as a “Senior
Civil Engineer Hydraulic” with the Pennsylvania
Department of Environmental Protection to file
Statements of Financial Interests would vary
depending upon the date the individual leaves such
employment.
10-544 (Bartkoski):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare as an
Income Maintenance Casework Supervisor under job
code 44730 would be considered 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, and in
particular, the requirements for filing Statements of
Financial Interests pursuant to the Ethics Act.
10-545 (Haberman):
Re: Whether an individual employed by the
Pennsylvania Department of Public Welfare as an
Income Maintenance Casework Supervisor under job
code 44730 would be considered 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, and in
particular, the requirements for filing Statements of
Financial Interests pursuant to the Ethics Act.
10-546:
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
member and [type of officer] of a municipal authority
board with regard to receiving compensation for past
services performed or future services to be performed
in managing the day-to-day operations of the
municipal authority in the absence of an acting
authority manager.
10-547 (Rowe):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any restrictions upon an attorney, who
has served as a Senior Policy Manager with the
Governor’s Policy Office and Special Assistant to the
Governor for Public Safety, with regard to lobbying
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Executive Branch agencies following termination of
Commonwealth employment.
10-548 (Antkowiak):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon an
individual with regard to serving as a school director
for a school district where: (1) the individual is
employed as a secretary and bus driver with a busing
company that is owned by the individual’s spouse;
and (2) the busing company is one of five bus
contractors that provide school bus services to
students of the school district.
10-549:
Re: Whether Section 1103(g) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1103(g), would restrict the future activities of an
individual who, prior to terminating Commonwealth
employment in [month and year], served as A for the
B of the C.
10-550 (McClellan):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any restrictions upon employment of a
Senior Civil Engineer Supervisor - Transportation
following termination of service with the Pennsylvania
Department of Transportation (“PennDOT”).
10-551 (Auslander):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon a
township commissioner, whose spouse is employed
as a corporal with the township police department,
with regard to participating in discussions or votes on:
(1) personnel matters regarding the police
department, including the appointment of a police
officer superior in rank to the commissioner’s spouse
and the hiring, promotion, or discipline of police
officers; (2) a township budget that includes
allocations to the police department for salaries and
benefits; (3) collective bargaining contracts with the
Fraternal Order of Police or issues pertaining to the
modification of the township police pension fund in
which her spouse is a participant; or (4) a police
grievance where the decision on the grievance may
affect not only the grievant but also other members of
the police department.
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10-552 (Shinkman):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon an
Oil and Gas Inspector with the Pennsylvania
Department of Environmental Protection with regard
to participating in inspections, recommending
enforcement actions, or engaging in other regulatory
activity with respect to well sites operated by a natural
gas drilling and production company where: (1) such
company sought to enter into a lease with persons
including the brother of the Oil and Gas Inspector for
the rights to extract gas from parcels including a
parcel for which the brother owns the mineral rights;
(2) the aforesaid lease was not finally executed; and
(3) the brother and others entered into a lease with a
different oil and gas company.
10-553 (Saylor):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any restrictions upon employment of a
Mining Permit and Compliance Specialist following
termination of service with the Pennsylvania
Department of Environmental Protection.
10-554:
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
Public Official A for Political Subdivision B with regard
to matters before the Political Subdivision B
Governmental Body C involving various governmental
entities that are clients of a company in which the
Public Official A and/or his immediate family member
have a 50% ownership interest.
10-555 (Sturn):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon
four borough council members with regard to
receiving compensation pursuant to a borough
ordinance, where: (1) none of the four borough
council members voted for the ordinance; (2) for two
of the borough council members, such compensation
would constitute an unauthorized increase in
compensation during their current terms; and (3) the
other two borough council members had been elected
but were not yet in office at the time the compensation
ordinance was approved.
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10-556 (Taylor):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon a
member of a borough council, who plans to seek
election to the Pennsylvania House of
Representatives beginning in May 2010, and who
serves on the board of a non-profit community
development corporation, with regard to working in a
full-time or part-time paid position with the community
development corporation.
10-557 (Roberts):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon a
school director, who in a private capacity is employed
by a hospital in a position in which he is responsible
for the supervision of various construction projects
engaged in by the hospital, when one or more firms
that provide construction management services in
connection with hospital projects have submitted
proposals to the school district to provide construction
management services for a proposed building project.
10-558:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would require a state legislator to disclose on his/her
Statement of Financial Interests as a gift an A that the
state legislator received from a constituent: (1) whom
the state legislator has known for [number] years; and
(2) who is not a registered lobbyist or principal as
those terms are defined by Pennsylvania’s lobbying
disclosure law (“Lobbying Disclosure Law”), 65
Pa.C.S. § 13A01 et seq.
10-559 (Shimko):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would present any prohibitions or restrictions upon
three members of a five-member municipal authority
board with regard to participating in deliberations and
actions involving certain personnel/employment
matters or participating in negotiations and actions
involving a new collective bargaining agreement with
the bargaining unit that represents the authority’s
employees, where: (1) one board member has a son
who is employed with the authority and is a member
of the bargaining unit; (2) one board member has a
son-in-law who is employed with the authority and is a
member of the bargaining unit; and (3) one board
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member is a probationary employee with the authority
and would become a member of the bargaining unit
following the completion of his probationary period;
and whether the voting conflict exception(s) of Section
1103(j) of the Ethics Act would be applicable to a
three-member quorum of the authority board.
10-560:
Re: Whether, pursuant to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §1101
et seq., a state legislator would be permitted to
provide, either directly or through district office staff,
information to constituent(s) regarding a certain
project of a nonprofit corporation for which the state
legislator serves as a board member.
ORDERS (Ethics):
1451-2 (Eathorne):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., by the above-named Respondent. At
the commencement of its investigation, the
Investigative Division served upon Respondent
written notice of the specific allegations. Upon
completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” 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 Stipulated
Findings are set forth as the Findings in this Order.
The Consent Agreement has been approved.
1538 (Parrilla):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., by the above-named Respondent. At
the commencement of its investigation, the
Investigative Division served upon Respondent
written notice of the specific allegation(s). Upon
completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was not filed and a hearing
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was deemed waived. The averments in the
Investigative Complaint are admitted and are set forth
as the following Findings. The record is complete.
1538-R (Parrilla):
Re: The State Ethics Commission received a
Request for Reconsideration with respect to Order
No. 1538, which Order was issued on October 6,
2009. 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:
1539 (Debias):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., by the above-named Respondent. At
the commencement of its investigation, the
Investigative Division served upon Respondent
written notice of the specific allegation(s). Upon
completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was not filed and a hearing
was deemed waived. The averments in the
Investigative Complaint are admitted and are set forth
as the following Findings. The record is complete.
1540 (Hart):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., by the above-named Respondent. At
the commencement of its investigation, the
Investigative Division served upon Respondent
written notice of the specific allegations. Upon
completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” A Stipulation of Findings and a Consent
Agreement waiving an evidentiary hearing were
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.
1541 (Wright):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
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regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., by the above-named Respondent. At
the commencement of its investigation, the
Investigative Division served upon Respondent
written notice of the specific allegations. Upon
completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” 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 Stipulated
Findings are set forth as the Findings in this Order.
The Consent Agreement has been approved.
1542 (Kitner):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., by the above-named Respondent. At
the commencement of its investigation, the
Investigative Division served upon Respondent
written notice of the specific allegations. Upon
completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” 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 Stipulated
Findings are set forth as the Findings in this Order.
The Consent Agreement has been approved.
1543 (Sump):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., by the above-named Respondent. At
the commencement of its investigation, the
Investigative Division served upon Respondent
written notice of the specific allegations. Upon
completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” A Stipulation of Findings and a Consent
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Agreement waiving an evidentiary hearing were
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.
1544 (Kaltenbaugh):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., by the above-named Respondent. At
the commencement of its investigation, the
Investigative Division served upon Respondent
written notice of the specific allegations. Upon
completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” 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 Stipulated
Findings are set forth as the Findings in this Order.
The Consent Agreement has been approved.
1545 (Ruff):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., by the above-named Respondent. At
the commencement of its investigation, the
Investigative Division served upon Respondent
written notice of the specific allegations. Upon
completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” A Stipulation of Findings and a Consent
Agreement waiving an evidentiary hearing were
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.
1545 (Ruff):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., by the above-named Respondent. At
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the commencement of its investigation, the
Investigative Division served upon Respondent
written notice of the specific allegations. Upon
completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” A Stipulation of Findings and a Consent
Agreement waiving an evidentiary hearing were
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.
1546 (Ruff):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., by the above-named Respondent. At
the commencement of its investigation, the
Investigative Division served upon Respondent
written notice of the specific allegation(s). Upon
completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Amended Investigative Complaint
was subsequently filed by the Investigative Division.
An Answer was filed and a hearing was held. The
record is complete.
1548 (Dotts):
Re: Procedurally, the Investigative Division of the
State Ethics Commission conducted an investigation
regarding possible violation(s) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq., by the above-named Respondent. At
the commencement of its investigation, the
Investigative Division served upon Respondent
written notice of the specific allegation(s). Upon
completion of its investigation, the Investigative
Division issued and served upon Respondent a
Findings Report identified as an “Investigative
Complaint.” An Answer was not filed and a hearing
was deemed waived. The averments in the
Investigative Complaint are admitted and are set forth
as the following Findings. The record is complete.
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