HomeMy WebLinkAbout3rd Qtr 2010
INDEX
State Ethics Commission
Quarterly Rulings for Third Quarter 2010
ADVICES (Ethics):
10-560-S:
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, when, in the
near future, said project will impose [an initial type of
fee] of [amount 1] and [a subsequent type of fee] of
[amount 2] upon individuals who seek assistance from
the project.
10-586-S (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 is
a member 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; (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; and (5) the spouse of the borough
council member is employed as an administrator with
the non-profit organization.
10-594 (Cimini):
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 resigning from
his position on borough council to pursue the position
of borough manager.
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10-595 (Grassetti,Jr.):
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
County Maintenance Manager with a job title of
Senior Civil Engineer Manager following termination
of employment with the Pennsylvania Department of
Transportation (“PennDOT”).
10-596 (Morian):
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
Civil Engineer - Transportation following termination
of service with the Pennsylvania Department of
Transportation (“PennDOT”).
10-597 (Deetz):
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 of the board of
commissioners of a county housing authority, who in
a private capacity owns a one-third interest in a rental
dwelling unit located in a borough within the county,
with regard to participating as a landlord of such
rental dwelling unit under the Housing Choice
Voucher Program of the U.S. Department of Housing
and Urban Development as administered by the
county housing authority.
10-598 (Smith, Jr.):
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 township advisory group with regard to
performing duties as a township advisory group
member where said individual, in a private capacity, is
employed with a firm which serves as the engineer for
the municipal authority that owns the township sewer
system.
10-599 (Condrac):
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
Tax Appeals Hearing Officer following termination of
employment with the Pennsylvania Department of
Revenue (“Department of Revenue”).
10-600 (Johnson):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any restrictions upon an individual who,
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following retirement from the Commonwealth of
Pennsylvania, has provided services to the
Pennsylvania Department of Public Welfare (“DPW”)
as an annuitant under the 95-day “return to state
service” provision at 71 Pa.C.S. § 5706(A.1), with
regard to contracting with the Office of Health Care
Reform to work as a self-employed consultant
following the termination of the individual’s service as
an annuitant with DPW.
10-601 (Kurtyka):
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 vice chairman of a municipal authority
board, who in a private capacity is the owner and
president of a construction, excavation, and land
development company that has a contract to provide
construction inspection services on an as-needed
basis to the engineering firm which serves as the
appointed engineering consultant to the municipal
authority, with regard to: (1) participating in his public
capacity in matters pertaining to the engineering firm;
(2) inspecting projects of the municipal authority for
the engineering firm in his private capacity; or (3)
contracting through his company to provide services
to the municipal authority.
10-602:
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 with the Governmental Body B C with regard to
simultaneously serving as a [political subdivision] D.
10-603 (Brady):
Re: Whether, as a Social Service Program
Supervisor with the City of Philadelphia Department of
Human Services, 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, 51 Pa. Code § 11.1 et seq., and
particularly, the requirements for filing Statements of
Financial Interests.
10-604:
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 of Bureau B, with a job title of C, following
termination of service with Commonwealth Agency D.
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10-605 (Polites):
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, who in a private capacity is a
general contractor, with regard to contracting with the
township to perform work on a township roof project.
10-606 (Nietupski):
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 is a co-plaintiff with his
spouse in a civil rights lawsuit against the borough
and two of the borough’s police officers, with regard to
being present when matters concerning the borough
police department but unrelated to said lawsuit would
be discussed by the borough council.
10-607 (Zacheri):
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 zoning officer with regard to performing the
duties of such position, when, in a private capacity, he
is employed with the firm that is the appointed
engineer for the township.
10-608 (Kane III):
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
Attorney 3 - Non-Supervisory with the Pennsylvania
Office of General Counsel, who in such capacity
represents the Pennsylvania Emergency
Management Agency and the Office of the State Fire
Commissioner, following termination of
Commonwealth employment.
10-609 (Evans):
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 performing
the duties of such office when, in a private capacity,
she is employed as the executive director of a non-
profit community development corporation.
10-610 (Pertile):
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 chairman of a county airport authority
board with regard to voting on issue(s) pertaining to a
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business (“Business 1”) that has a contract to lease
ground from and provide various aviation-related
services to the county airport authority when: (1) the
member and chairman, in a private capacity, is a
partner with his two sons in a temporary staffing
service (“the Staffing Service”); (2) the Staffing
Service does not and will not supply temporary
workers to Business 1; (3) the Staffing Service
currently supplies four temporary assembly workers to
a business (“Business 2”) that supplies roof and floor
truss systems for specialized applications; and (4)
Business 1 and Business 2 are both subsidiaries of
the same organization.
10-611 (Buzzatto):
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
school director, who in a private capacity is the
managing director of a business consulting firm, with
regard to providing free business consulting services
to the school district.
10-612 (Fleming):
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
Press Secretary 2 for the Pennsylvania Department of
Agriculture following termination of Commonwealth
employment.
OPINIONS (Ethics):
10-003 (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.
OPINIONS (Gaming):
10-2001 (Sturgeon):
Re: Whether the duties of an individual who served
from April 1, 2007, to December 30, 2009, as the
Director of Casino Compliance for the Pennsylvania
Gaming Control Board (“Board”) would bring such
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individual within the scope of the restrictions of
Section 1201(h)(13) and/or Section 1512(a.1) of the
Gaming Act following his retirement from
Commonwealth employment on December 30, 2009;
and
Re: Whether the individual’s return to work for the
Board in 2010 as an annuitant under the 95-day
“return to state service” provision at 71 Pa.C.S. §
5706(A.1) would result in the applicability of the
aforesaid restrictions for a longer period of time,
where the individual’s duties/authority as an annuitant
would be limited to assisting the Board with hiring
employees including Casino Compliance
Representatives, and specifically interviewing and
performing background investigation duties as to such
prospective Board employees.
OPINIONS (Lobbying):
10-1002
Re: Pursuant to Pennsylvania’s lobbying disclosure
law (“Lobbying Disclosure Law”), 65 Pa.C.S. § 13A01
et seq., whether a registered lobbying firm: (1) would
be permitted to accept contingency fees from a
prospective client; and (2) would be subject to the
registration/reporting requirements of the Lobbying
Disclosure Law with respect to representation of a
client in the pursuit of financial assistance/funding
through the Commonwealth.
ORDERS (Ethics):
1557 (Shevchik):
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.
1558 (Rovinsky):
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.
1559 (Gilgallon):
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.” 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.
1560 (Carini):
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.” 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.
1561(Logan):
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.” 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.
1562(Calhoun):
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 timely filed and a
hearing was deemed waived. The averments in the
Investigative Complaint are deemed admitted and are
set forth as the following Findings. The record is
complete.
ORDERS (SFI):
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365-S (Reese):
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.
366-S (Hartley):
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.
367-S (Hunt):
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.
368-S (Gority):
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.
369-S (Shaw):
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.
370-S (DeLuca):
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.
371-S (Jones):
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.
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