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HomeMy WebLinkAbout2nd Qtr 2011 INDEX State Ethics Commission Quarterly Rulings for Second Quarter 2011 ADVICES (Ethics): 10-595-S (Grassetti, Jr.): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(g), 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”). 11-518: 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 the [type of office] of a [political subdivision] following termination of service with the [type of office]. 11-519 (Smeltz): 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 the owner of a vehicle repair business located in the borough, with regard to performing repair work on borough vehicles. 11-520 (Felder,AIA): 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 the board of commissioners of a city housing authority, who in a private capacity is employed part-time with an architectural firm, with regard to: (1) participating in any vote(s) by the city housing authority board to select an architectural firm; or (2) participating, as an employee of the architectural firm, in presentations to the commissioners and/or staff of the city housing authority. 11-521 (Kopas): 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 commissioner, whose spouse is employed as - 1 - the executive director of the county redevelopment authority, with regard to voting on: (1) the appointment of members of the board of directors of the county redevelopment authority; (2) an annual agreement under which the county redevelopment authority agrees to provide general administrative services for three county programs; (3) the county’s consolidated annual plan that includes projects and budgets for the aforesaid county programs; or (4) the award of contracts related to projects included in the county’s consolidated annual plan. 11-522 (Garver): 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 also serves as an uncompensated member of a municipal authority board with regard to receiving a salary as an authority board member during his current term of office. 11-523: 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 with regard to seeking election or serving as a member of a [political subdivision] [governmental body] where: (1) in his private capacity, the individual is the president and sole owner of a [type of business] that provides services to [political subdivision] facilities as a subcontractor to another corporation which has a [number]-year contract with the [political subdivision]; and (2) there are [number] years remaining under the terms of the aforesaid contract between the [political subdivision] and such other corporation. 11-524 (Molnar): Re: Whether, pursuant to Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., two borough council members, both of whom are employed with the same municipal authority, would each have a conflict of interest with regard to voting on the appointment of member(s) of the municipal authority board, and if so, whether the exception in Section 1103(j) of the Ethics Act for breaking a tie vote despite a conflict of interest would permit the two borough council members to break a tie vote by borough council. - 2 - 11-525 (Torrence): Re: Whether, in your capacity as: (1) a part-time Assistant District Attorney with the Office of the District Attorney of Beaver County; or (2) the Solicitor for the Beaver County Controller, you would be considered a public official or public employee subject to the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq. 11-526 (Troutman): Re: Whether, as an Administrative Assistant 1 with the Pennsylvania Department of Military and Veterans Affairs under job code 08210, you 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, 51 Pa. Code § 11.1 et seq., and particularly, the requirements for filing Statements of Financial Interests. 11-527 (Lentes): 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 Management Policy Analyst 2 with the Governor’s Office of Administration (“Office of Administration”), Office of Strategic Services, following termination of employment with the Office of Administration. 11-528 (Quinn): 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 elementary school principal with regard to simultaneously serving as a supervisor for the township in which the elementary school is located. 11-529 (Yeropoli): 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 simultaneously serving in a unionized position as a full-time sanitation worker (i.e., sanitation secretary, sanitation treasurer, sanitation laborer, or sanitation operator) with the township sanitation department. 11-530 (Cooper): 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 Municipal Services Specialist following termination of employment with the Pennsylvania Department of Transportation (“PennDOT”). - 3 - 11-531 (Harvey) Re: Whether, as Chief of Monroeville Volunteer Fire Company No. 5, you would be considered a public official/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, 51 Pa. Code § 11.1 et seq., and particularly, the requirements for filing Statements of Financial Interests. 11-532 (Simpson): Re: Whether, in your former capacity as a Manager of Accounting & Financial Reporting with the County of Berks (“County”), you 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, 51 Pa. Code § 11.1 et seq., and particularly, the requirements for filing Statements of Financial Interests. 11-533: 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 an A with regard to participating in discussions or votes by the B as to matters involving individuals or educational institutions that are customers of a business in which the A’s spouse is a partner. 11-534 (Fox): 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 and chairman of a municipal authority board with regard to being employed as an assistant laborer with the municipal authority. 11-535 (Karasek): 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 a proposed settlement of a business’s conditional use application for the construction of a concrete batch plant in the township, when prior to taking office, the township supervisor was given party status in proceedings before the township board of supervisors relative to such conditional use application because she owns property located less than one mile from the original proposed concrete batch plant site. - 4 - 11-536: Re: Whether a solicitor for a [political subdivision] would be considered a “public employee” subject to the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., where: (1) the solicitor is required to provide legal services to the [political subdivision] on a part-time basis for a minimum of [number] hours each year, for which he is paid compensation of approximately [amount] per year; (2) the [political subdivision] issues W-2s to the solicitor and withholds FICA contributions from his pay; (3) the solicitor does not receive any employment-related benefits provided by the [political subdivision], such as sick or vacation days, holiday pay, or health, dental, and vision benefits; (4) the [political subdivision] considers the solicitor to be an at-will part-time employee; (5) the solicitor has no specific work hours, and no one from the [political subdivision] controls or directs the means, manner, method, sequence, or timing of his provision of services; and (6) the solicitor assumes his own liability for the professional services that he renders, and he must provide the [political subdivision] with proof of his own malpractice insurance coverage for such services; and if so, whether the Ethics Act would impose any prohibitions or restrictions upon the solicitor with regard to the [political subdivision’s] prospective retention of a law firm with which he is associated to serve as outside counsel on [type of matters]. 11-537 (McGory,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 township supervisor with regard to voting for the appointment of her brother-in-law as the township solicitor. 11-538 (Klotz): Re: Whether, pursuant to the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., a borough council member who resides in the borough’s historic district may simultaneously serve on the borough’s Historical Architectural Review Board. OPINIONS: 11-003: Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would - 5 - impose any prohibitions or restrictions upon a Member of the [Chamber of the General Assembly] (“State Legislator”), who proposes to co-author and publish a book (“Book”) in his private capacity as [a type of professional] and not in his public capacity as a Member of the General Assembly, with regard to accepting payment(s) of a modest advance against future royalties from sales of the Book or royalties to be calculated based upon actual sales of the Book. ORDERS (Ethics): 1580 (Barbisch): Re: This is a final adjudication of the State Ethics Commission. 1581 (Brink): Re: This is a final adjudication of the State Ethics Commission. 1582 (Keyton): Re: This is a final adjudication of the State Ethics Commission. 1583 (Baker): Re: This is a final adjudication of the State Ethics Commissio ORDERS (Lobbying): 004-SL (International): 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.” 005-SL (Crane Institute): 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.” - 6 - ORDERS (SFI): 382-S (Scarfo, Jr.): 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. 383-S (Scarfo): 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. - 7 -