HomeMy WebLinkAbout1st Qtr 2011
INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2011
ADVICES (Ethics):
11-500 (Hendrickson):
Re: Whether, in your former capacity as an
Administrative Officer 1 with the Governor’s Office of
Legislative Affairs, you would be considered a “public
employee” and an “executive-level State employee”
subject to the Public Official and Employee Ethics Act
(“Ethics Act”), 65 Pa.C.S. § 1101 et seq., such that
the post-employment restrictions of Section 1103(g)
and Section 1103(i) of the Ethics Act, respectively,
would now be applicable to you.
11-501 (Whitcraft):
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
Policy Director with a job title of Welfare Program
Executive 1 following termination of service with the
Pennsylvania Department of Public Welfare (“DPW”).
11-502:
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, with a job title of B, following termination of
employment with Commonwealth Agency C.
11-503 (Ball):
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 council member, who in a private capacity is
president of a corporation which plans to offer water
treatment services to gas drilling firms and other
waste water generators, but does not yet have any
clients or revenue, with regard to participating in
discussions or votes by the township council
regarding proposed zoning ordinance amendments
that would impact gas drilling within the township.
11-504:
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 Agency B.
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11-505 (Currier):
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 tax collector with regard to simultaneously
serving as the chief assessor for the county in which
the township is located.
11-506 (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 three
borough councilmen or--in the event of a tie vote by
borough council--a borough mayor with regard to
voting on a motion to permit a 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; (5) the borough mayor and one borough
councilman’s spouse sit on the board of directors of
the non-profit organization; (6) one borough
councilman is a member of the non-profit
organization, but neither he nor anyone in his family
sits on the non-profit organization’s board of directors;
and (7) one borough councilman’s spouse is
employed as a secretary with the non-profit
organization.
11-507:
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, with a job title of B, following termination of
employment with Commonwealth Agency C.
11-508 (Marks):
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 5 with the Pennsylvania Governor’s Office of
General Counsel, who in such capacity serves as
Executive Deputy Chief Counsel for the Bureau of
Professional and Occupational Affairs within the
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Pennsylvania Department of State, following
termination of Commonwealth employment.
11-509 (Ellis):
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’s uncle with regard to seeking
election as a township supervisor or being employed
as a laborer with the township.
11-510 (O’Connor):
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 a
compensated employment position with the borough’s
department of public works.
11-511(Smith):
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
Member of the Pennsylvania House of
Representatives following termination of service with
the Commonwealth.
11-512:
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 with Commonwealth Agency B, Component C,
following termination of employment with
Commonwealth Agency B.
11-513 (Varhola):
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
Chief of Staff to a Member of the Pennsylvania
Senate (“Senate”) following termination of
Commonwealth employment.
11-514:
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 Commonwealth Agency B with regard to: (1)
performing the duties of his public position if he would
submit his resume to a prospective employer, have
preliminary discussions or interview with a
prospective employer, or accept a position with a
prospective employer; or (2) performing job duties for
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a new employer following termination of service with
Commonwealth Agency B.
11-515 (Tobin):
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 issue(s)
that would involve a non-profit organization formed to
build a library and technology center in the local area
where: (1) the township supervisor is currently a
general member of the non-profit organization and
also serves as the chair for small fundraisers for the
non-profit organization; (2) the township supervisor’s
son is a member of the board of directors of the non-
profit organization; and (3) the township supervisor’s
daughter-in-law is the secretary of the board of
directors of the non-profit organization.
11-516 (Fennick):
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
individual who serves as the president of the board of
a charter elementary school and as the president of
the board of a charter middle school with regard to:
(1) participating in decisions by the aforesaid boards
as to the potential merger/combining of such boards,
the opening of new programs for the community, or
the staffing of positions associated with such new
programs; (2) engaging in activities related to such
new programs; or (3) applying for a position to set up
and run such new programs.
11-517 (Kiselich):
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 Inspector Supervisor
following termination of employment with the
Pennsylvania Department of Transportation
(“PennDOT”).
10-624-S (Caffrey):
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
has been offered a full-time position of employment
with a natural gas midstream gatherer and processor,
as to participating in discussions or votes by the
township board of commissioners regarding a
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proposed township ordinance that would regulate oil
and gas drilling within the township.
OPINIONS:
11-001 (Killen):
Re: Whether an individual employed by the
Commonwealth of Pennsylvania as an Accountant 3
with the Executive Offices, Office of the Budget under
job code 03040 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.
11-002 (Jones-Rooa):
Re Whether a person would have legal standing to
appeal an Advice of Counsel pursuant to the Public
Official and Employee Ethics Act, 65 Pa.C.S. § 1101
et seq., and the Regulations of the State Ethics
Commission, 51 Pa. Code § 11.1 et seq., where the
person is not the requestor or subject of the Advice of
Counsel or the authorized representative thereof.
ORDERS (Ethics):
1575 (Wilson):
Re: This is a final adjudication of the State Ethics
Commission.
1576 (Obernier):
Re: This is a final adjudication of the State Ethics
Commission.
1577(Hockenberry):
Re: This is a final adjudication of the State Ethics
Commission.
1578 (Peck):
Re: This is a final adjudication of the State Ethics
Commissio
1579 (Cole, Sr.):
Re: This is a final adjudication of the State Ethics
Commission.
ORDERS (Lobbying):
002-SL (R&H Property):
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
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Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. §
13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
003-SL (Goldenberg):
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):
375-S-R (Goldshalk):
Re: The State Ethics Commission received a
request for reconsideration on November 22, 2010,
with respect to Order No. 375-S issued on October
22, 2010. 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:
379-S (Kalafut):
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.
380-S (Kintzer):
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.
381-S (Munley):
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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