HomeMy WebLinkAbout2nd Qtr 2010
INDEX
State Ethics Commission
Quarterly Rulings for Second Quarter 2010
ADVICES (Ethics):
10-561: (Haley)
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
two township supervisors, who serve on a three-
member township board of supervisors, with regard to
a conditional use application submitted by two
applicants seeking approval for the drilling of a
commercial natural gas well, where: (1) one of the
aforesaid two supervisors serves in a private capacity
as executive director of a nonprofit corporation that
leases lands to the applicant(s), such services as
executive director are provided on a part-time basis
as a consultant and not as an employee, the
supervisor has no vote on decisions of the nonprofit
corporation, the supervisor will not receive any
compensation from the nonprofit corporation in
connection with the leasing of its lands, and the
nonprofit corporation’s lands are not included in the
group of properties scheduled to serve this particular
well but could be impacted by successful drilling
findings; (2) the other of the aforesaid two supervisors
owns real property that he has leased to one of the
applicants, and such property is not included in the
group of properties scheduled to serve this particular
well but could be impacted by successful drilling
findings; and (3) the value of the aforesaid leases
could be affected by the granting or denying of the
conditional use application; and, if both supervisors
would have conflicts of interest, whether it would be
preferable for one or the other of them to participate
as to the aforesaid conditional use application.
10-562: (Fochtman)
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, whose school district is one of eight
school districts participating in a technology center,
with regard to applying for a job at the technology
center.
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10-563: (Solganick):
Re: Whether, as an individual whose service on a
township planning commission ended on December
31, 2009, you were a “public official” 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.,
such that you would be required to file a Statement of
Financial Interests for calendar year 2009 on or
before May 1, 2010.
10-564:
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 hire
the state legislator’s Relative A as a B with the state
legislator’s C.
10-565 (Hudson):
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.
10-566 (Pavlick):
Re: Whether, in your former capacity as an
Engineering Intern – Civil 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 Pa.C.S. § 1101 et seq., and the Regulations
of the State Ethics Commission, 51 Pa. Code § 11.1
et seq., such that the restrictions of Section 1103(g) of
the Ethics Act would now be applicable to you.
10-567 (Nanovic):
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 serving as a member of an industrial
development authority board, who in a private
capacity is the owner of a sole-proprietorship that
provides consulting services, with regard to: (1)
accepting a contract to provide consulting services to
the industrial development authority while serving as
a member of the authority board, where such contract
would be awarded through an open and public
process; or (2) accepting a contract to provide
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consulting services to the industrial development
authority within one year of resigning from the
authority board, where such contract would not be
awarded through an open and public process.
10-568 (Whitmoyer):
Re: Whether, pursuant to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101
et seq., a supervisor for a second class township, who
is considered a “regular part-time employee” of the
township, would be permitted in his capacity as a
part-time township employee to receive vacation and
holiday pay when such has not been approved by the
township board of auditors.
10-569 (Palladino):
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
District Construction Engineer with a job title of Civil
Engineer Manager – Transportation following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
10-570 (Reiss):
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 chairperson (“the Public Official”) of a
township board of supervisors with regard to
participating in matters pertaining to a landfill located
within the township, where: (1) the Public Official’s
residence shares a corner with land owned by the
landfill, which land is in a zoning set back zone and
cannot currently be used for landfill purposes; (2) the
Public Official was one of ten individuals who
considered themselves to be part of a citizens group
(“Citizens Group”) and who were plaintiffs in a lawsuit
against the then-sitting board of supervisors, which
lawsuit involved an issue regarding the Sunshine Act;
(3) the aforesaid lawsuit has been decided beyond
appeal and is no longer at issue; (4) individual
members of the Citizens Group are currently
proceeding with four separate challenges (“the Legal
Matters”) pending before the county court of common
pleas or the township zoning hearing board as to
township decisions pertaining to the landfill; (5) the
Public Official is not a named party to any of the Legal
Matters; and (6) the Public Official has stated that
since he took office, he no longer considers himself to
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be a member of the Citizens Group, and that he will
not participate in any meetings of the Citizens Group.
10-571 (Chidiac):
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
Structural Control Engineer with a job title of Civil
Engineer Manager – Bridges following termination of
employment with the Pennsylvania Department of
Transportation (“PennDOT”).
10-572 (Mahoney):
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
Transportation Construction Manager 1 following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
10-573:
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 an
A for a [type of political subdivision] in her public
capacity if, in her private capacity as the sole-
proprietor of a consulting firm, she would perform
work under contract(s) that the consulting firm would
have with [types of clients] to [perform certain
services].
10-574 (Kelly):
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
Transportation Construction Manager 3 following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
10-575 (Andrews):
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
District Bridge Engineer for the Pennsylvania
Department of Transportation (“PennDOT”) under job
code 1115B following termination of Commonwealth
employment.
10-576 (Cartwright):
Re: Whether, as a partner of a law firm that serves
as solicitor for a township, you would be considered a
public official/public employee subject to Sections
1103(a) and 1103(f) of the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §§
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1103(a), (f), where: (1) the township board of
supervisors appointed the law firm to serve as interim
solicitor for the township on October 5, 2009; (2) the
township board of supervisors appointed the law firm
to serve as the township’s solicitor at the board’s
organization meeting on January 4, 2010; (3) you
have attended regular and special meetings of the
board of supervisors and rendered legal advice to the
board of supervisors as solicitor since October 5,
2009; (4) the law firm invoices the township on a
monthly basis for services rendered to the township
as solicitor; (5) the law firm bills the township an
hourly rate plus expenses incurred in rendering legal
services; and (6) the township does not withhold
taxes from invoice payments, and no law firm
attorneys participate in any benefits offered to
township employees such as pension plans, workers’
compensation insurance, medical benefits, or paid
leave.
10-577 (Stevens):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibitions or restrictions upon a
township supervisor with regard to voting on matter(s)
concerning a parcel of property in the township,
where: (1) the supervisor retired from employment
with a business in December 1997 and presently
receives a pension from such business; (2) the parcel
of property is owned by a business with a name
similar to that of the business from which the
supervisor retired; (3) the supervisor has no
knowledge of the ownership interests in the two
aforesaid businesses; and (4) the business that owns
the parcel of property has requested permission to
construct billboards on such property.
10-578:
Re: Whether three As of a [type of municipality] B
would be considered “public officials” subject to the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1101 et seq.; and whether the Ethics Act
would impose any prohibitions or restrictions upon the
aforesaid three B As with regard to participating in
discussions and votes on Cs or other official matter(s)
concerning construction of Ds to the E of an F with
which each of the three B As is employed in a private
capacity.
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10-579 (Hnat):
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
Right-of-Way Administrator 2 following termination of
employment with the Pennsylvania Department of
Transportation (“PennDOT”).
10-580:
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 an
A following termination of service with Commonwealth
Agency B.
10-581 (Zubey):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibitions or restrictions upon a
borough council member with regard to
simultaneously serving as a part-time police officer
with the borough, where the borough has a population
of more than 3,000.
10-582:
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 an
A following termination of service with Commonwealth
Agency B.
10-583 (Miller):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would permit a county deputy coroner, who also
serves as a full-time police officer with a borough
located in the county, to seek election to the office of
county coroner and, if elected to such position, to
simultaneously serve as a borough police officer and
the county coroner.
10-584 (Fry):
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 an
Assistant District Executive for Design classified as an
Assistant Highway District Engineer following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
10-585 (Davis):
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 of a municipal authority board with regard to
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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 of the municipal authority.
10-586 (Racunas):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibitions or restrictions upon a
borough council member, who in a private capacity
serves as a member of the board of directors of a
non-profit organization, with regard to voting on a
motion to permit the non-profit organization to use a
vacant parcel of property owned by the borough,
where: (1) the non-profit organization would install a
small log cabin structure or kiosk on the property; (2)
the intended use of the structure would be to provide
information promoting the borough and its local
businesses; (3) the non-profit organization would pay
for the structure; and (4) the non-profit organization
would not pay any compensation to the borough for
the use of the parcel of property but would agree to
indemnify the borough should any claims arise.
10-587 (Hoyt):
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
secretary of a city redevelopment authority, whose
spouse is the co-owner of a company, with regard to
participating in matter(s) pertaining to a loan
application that said company has pending before the
board of the city redevelopment authority.
10-588 (Gardiner):
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
Division Chief of the Roadway Management Division
in the Bureau of Maintenance and Operations within
the Pennsylvania Department of Transportation
(“PennDOT”) following termination of Commonwealth
employment.
10-589 (Dorezas):
Re: Whether, pursuant to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101
et seq., a borough council member would have a
conflict of interest with regard to voting as to whether
to enter into a construction contract and accept a
grant pertaining to a proposed new building to house
a public library, where: (1) the council member’s
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spouse serves as a volunteer on the public library’s
fund-raising campaign and has solicited individuals to
make contributions/pledges for the building project;
and (2) the council member’s spouse is not a member
of the public library’s board of directors or any
committee of the public library.
10-590 (Shumaker):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would permit an individual serving as a police officer
with a municipal police department to run for the office
of Magisterial District Judge for a District Court
located in a county other than that in which the
municipal police department is located.
10-591 (McDonough):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. 1101 et seq.,
would impose any prohibitions or restrictions upon a
borough council member, who in a private capacity is
the owner of a small motor vehicle repair business
located in the borough, with regard to contracting with
the borough to provide maintenance for the borough’s
vehicles.
10-592:
Re: Whether the Public Official and Employee
Ethics Act ("Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibitions or restrictions upon a
borough council member with regard to voting on the
appointment of a borough solicitor where a Relative A
and a Relative B of the borough council member are
employed as attorneys with a law firm that seeks
appointment to the position of borough solicitor.
10-593 (Killen):
Re: Whether, as an Accountant 3 with the
Executive Offices, Office of the Budget under job
code 03040, you would be considered a “public
employee” subject to the Public Official and Employee
Ethics Act (the “Ethics Act”), 65 Pa.C.S. § 1101 et
seq., and the Regulations of the State Ethics
Commission, and particularly, the requirements for
filing Statements of Financial Interests.
OPINIONS (Lobbying):
10-1001 (Stine):
Re: Whether, pursuant to Pennsylvania’s lobbying
disclosure law (“Lobbying Disclosure Law”), 65
Pa.C.S. § 13A01 et seq., a registered lobbyist would
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be permitted to receive a retainer in the form of stock
in the client’s/principal’s company.
OPINIONS (Ethics):
10-001 (Heckman):
Re: Whether individuals employed by the
Pennsylvania Department of Public Welfare as
Income Maintenance Casework Supervisors under
job code 44730 would be considered “public
employees” 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.
10-002 (Caseworkers):
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 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.
ORDERS (Lobbying):
001-SL (O’Connell):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
deficiency of registration statement(s) and/or expense
report(s) required to be filed pursuant to
Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
ORDERS (SFI):
362-S (Hernandez Velez):
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. § 1101 et seq.
363-S (Ocasio):
Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
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deficiency of Statement(s) of Financial Interests
required to be filed pursuant to Sections 1104 and
1105 of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
362-S (Hernandez Velez):
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. § 1101 et seq.
364-S (Sheehan):
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. § 1101 et seq.
ORDERS (Ethics):
1547 (Seropian):
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 filed and a hearing was
held. The record is complete.
1547-R (Seropian):
Re: The State Ethics Commission received a
request for reconsideration on January 27, 2010, with
respect to Order No. 1547 issued on December 29,
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:
1549 (Wansacz):
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.” 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.
1550 (Payne):
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 not filed and a hearing
was deemed waived. 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.
1551 (Payne):
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
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Findings are set forth as the Findings in this Order.
The Consent Agreement has been approved.
1552 (Karpa):
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.
1553 (Karpa):
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.
1554 (Jacobs):
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
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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.
1555 (Yerke):
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.
1556 (Christy):
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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