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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. - 1 - 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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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. - 6 -