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”).
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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
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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.
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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
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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
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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. §
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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
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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
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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.
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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
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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.
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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.
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