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
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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.
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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”).
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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.
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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
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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.”
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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.
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