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HomeMy WebLinkAbout4th Qtr 2010 INDEX State Ethics Commission Quarterly Rulings for Fourth Quarter 2010 ADVICES (Ethics): 10-613: 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 state legislator in his capacity as a public official if the state legislator, in his private capacity as an A, would work for a business that either indirectly or directly benefits from a state subsidy for B C. 10-614: 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 the A for Commonwealth Department B following termination of Commonwealth employment. 10-615: 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, whose two cousins are employed as a principal and a secretary with the school district, with regard to voting on matters pertaining to his cousins. 10-616 (Parker,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 and vice chairman of a municipal authority board with respect to engaging in private business activities that would involve negotiations with the authority and the purchase, transportation, and resale of large quantities of water from the municipal authority. 10-617 (Shafer): 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 May 2009, served as an Administration Officer 2 for the Pennsylvania Historical and Museum Commission (“PHMC”). - 1 - 10-617-S (Shafer): Re: Whether the Public Officailo and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq. would impose any restrictions upon employment of an Administrative Officer 2 following termination of employment with the Pennsylvania Historical and Museum Commission (“PHMC”). 10-618: 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 the A for Commonwealth Department B following termination of Commonwealth employment. 10-619 (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 Vice chairperson of a township board supervisors, who also serves as a member of a municipal authority board, as to participation in decision of the township board of supervisors regarding sewer connections in the township to the municipal authority’s sewer system. 10-620 (beichner): Re: Whether the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon a county commissioner, who in a private capacity is the sole proprietor of a business (“Business”), with regard to: (1) voting on a bid submitted by the Business to the county; or (2) administering the grant that would fund a contract resulting from the acceptance of such bid or overseeing the work that would be done by the Business under such contract. 10-620-CL (Beichner): Re: Whether the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon a county commissioner, who in a private capacity is the sole proprietor of a business (“Business”), with regard to: (1) voting on a bid submitted by the Business to the county; or (2) administering the grant that would fund a contract resulting from the acceptance of such bid or overseeing the work that would be done by the Business under such contract. 10-621 (Ebersole): 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 - 2 - Civil Engineer Manager – Bridges following termination of employment with the Pennsylvania Department of Transportation (“PennDOT”). 10-622 (Daniels): 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 the Chief Information Officer for the Pennsylvania Department of Labor and Industry (“Department of Labor and Industry”) with regard to working as a consultant for the Pennsylvania Center for Health Careers within the Department of Labor and Industry, where such work would be performed: (1) as supplementary employment to his current position with the Department of Labor and Industry; (2) while on paid leave from his current position with the Department of Labor and Industry; or (3) while on temporary leave after stepping down from his current position with the Department of Labor and Industry. 10-623 (Bailey): 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 Highway District Executive classified as an Assistant Highway District Engineer following termination of employment with the Pennsylvania Department of Transportation (“PennDOT”). 10-624 (Hoy): 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 commissioner, who in her private capacity as an employee of a consulting firm provides accounting services to a natural gas midstream gatherer and processor, as to participating in discussions or votes by the township board of commissioners regarding a proposed township ordinance that would regulate oil and gas drilling within the township. 10-625 (Appel): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would permit an individual employed as a Claims Investigator Supervisor with the Pennsylvania Office of Inspector General to seek election as a school director. - 3 - 10-626: 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 employment with Commonwealth Department B. 10-627 (Woy): Re: Whether a borough council member’s service in the position of assistant recording secretary or lieutenant of a volunteer fire department would form the basis of a conflict of interest under Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), for the borough council member in matters pertaining to the volunteer fire department. 10-628 (Corey): 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 (“the Member”) of the Pennsylvania House of Representatives with regard to taking an active role in seeking and lobbying for grants for a Pennsylvania non-profit corporation (“Corporation”) if the Member would be appointed to serve on a voluntary basis and without a stipend on an advisory council of the Corporation; and whether the Member would be required to disclose the Corporation on his annual Statement of Financial Interests if he would be appointed to the aforesaid advisory council. 10-629 (Starr): 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 as to participating in discussions or votes by the township board of supervisors pertaining to a fire company when: (1) in September 2010, the supervisor’s spouse, through a business, performed concrete work for the fire company; (2) such work was completed; (3) the supervisor’s spouse was paid $7,500 for such work; and (4) the supervisor’s spouse will not be paid any more money for such work. 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 - 4 - regard to providing free business consulting services to the school district. 10-630 (Clark): 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 one of two owners of a Cartridge World franchise, with respect to a proposed contract between the school district and the franchise for the provision of replacement ink cartridges to the school district. 10-631 (Domalakes): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would permit an individual employed as a part-time assistant public defender with a county to run for the office of Magisterial District Judge for one of the District Courts located in the county. 10-632 (DeWitt): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any restrictions upon a former borough council member with regard to serving as the borough codes enforcement officer. 10-633 (Parker): 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 Deputy Secretary for Community Development following termination of service with the Pennsylvania Department of Community and Economic Development (“DCED”). 10-634 (Faller): 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 county jury commissioner with regard to simultaneously serving as a county commissioner. OPINIONS (Gaming): 10-2002 (Doherty, III): Re: Whether an individual serving as a county special prosecutor/assistant district attorney would be considered a “public official” as that term is defined by the Gaming Act at 4 Pa.C.S. § 1512(b), and therefore subject ot the restrictions of the Gaming Act at 4 Pa.C.S. §§ 1512(a), (a.1) and a (.2), if the individual is not an employee of the county, but rather, performs - 5 - such work pursuant to a contract to which the county, the county district attorney’s office, and the individual’s law firm are parties. 10-2003/10-004: Re Whether, pursuant to Section 1512(a.2)(1) of the Pennsylvania Race Horse Development and Gaming Act (“Gaming Act”), 4 Pa.C.S. § 1512(a.2)(1), and Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), a C would be permitted to accept a significantly reduced lodging rate while attending to official business, where such rate would be offered specifically to Cs by a hotel involved with a pending application (the “Application”) for a gaming license in Pennsylvania; and if so, whether the difference between such rate and the hotel’s advertised government rate or some other rate would have to be reported on the C’s Statement of Financial Interests filed pursuant to the Ethics Act when the aggregate of the discounts would meet the reporting threshold for transportation/lodging/hospitality received in connection with public office or employment. ORDERS (Ethics): 1563 (Bashore): 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 timely filed. 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. 1564 (Ahner): 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. § - 6 - 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. 1565 (Burchfield, Sr.): 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. 1566 (Haywood): 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 - 7 - Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. 1567 (DeJulia): 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 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. 1568(Schenker): 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 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. 1569 (DeVries): 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 - 8 - 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. 1570 (Nashtock, Jr.): 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. 1571 (Reisinger): 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. - 9 - 1572 (Sindiri): 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. 1573 (Klein): 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. 1574 (Complainant A): Re: Procedurally, the Investigative Division of the State Ethics Commission conducted a preliminary inquiry under case number 09-049 based upon alleged violation(s) of the Ethics Act by an individual referred to herein as the "Subject." Following the preliminary inquiry, the matter under case number 09- 049 was closed. Thereafter, the Subject sought a finding as to wrongful use of the Ethics Act by the Complainant, Complainant A, alleging: (1) that the complaint was frivolous; (2) that the complaint was without probable cause and made primarily for a purpose other than that of reporting a violation of the - 10 - Ethics Act; and (3) that Complainant A publicly disclosed the fact that an Ethics Act investigation against the Subject was ongoing. ORDERS (SFI): 369-S-R (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. 372-S (Hammond): 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. 373-S (Maynard): 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. 374-S (Dyer): 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. 375-S (Godshalk): 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. 376-S (Dombrowsky): 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. - 11 - 377-S (Guiles): 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. 378-S (Marchewka): 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. - 12 -