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HomeMy WebLinkAbout3rd Qtr 2011 INDEX State Ethics Commission Quarterly Rulings for Third Quarter 2011 ADVICES (Ethics): 10-559-S: 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 serving as a member of a municipal authority board, who is also an employee of the authority and a member of the bargaining unit that represents the authority’s employees, with regard to participating as an authority board member in deliberations or actions involving personnel/employment matters--including but not limited to the hiring, termination, promotion or discipline of union or non-union personnel--in situations that would not necessarily include the individual’s supervisor(s)/superior(s) within the authority. 11-536-S: Re: Whether Confidential Advice, 11-536, which was issued June 29, 2011, in response to a request for an advisory pursuant to the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., is void to the extent the advisory request failed to truthfully disclose all of the material facts relevant to such request. 11-539 (Jones): 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 with the Pennsylvania House of Representatives (“House”) Democratic Caucus following termination of Commonwealth employment. 11-540 (Napp): 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 Highway Foreman 3 following termination of employment with the Pennsylvania Department of Transportation (“PennDOT”). 11-541 (Shar): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., - 1 - would impose any prohibitions or restrictions upon a school director with regard to voting on a motion to appoint himself to a volunteer, non-compensated position as the head girls varsity basketball coach for the school district for the 2011-2012 basketball season. 11-542 (Fitzgerald): Re: Whether, as an Environmental Engineering Specialist with the Pennsylvania Department of Environmental Protection under job code 14520, 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. 11-543 (Pollock): 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 a municipal water authority board, who is also a managerial employee of the authority, with regard to voting on a cell phone policy that would cover the union and managerial employees of the authority. 11-544 (Burns): 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 a regional police department, who in a private capacity is employed as a commissioned police officer with a university, with regard to being hired by the regional police department to provide services on a per diem basis for community events and other occasions. 11-545: 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 borough council members with regard to receiving reimbursement from the borough for out-of-pocket expenses that such council members incur for medical insurance or life insurance coverage provided by an employer or through a union retirement plan. 11-546 (Pandeladis): 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 - 2 - president of a university within the Pennsylvania State System of Higher Education with regard to the hiring of his spouse for the position of faculty member at the same university where he serves as president. 11-547: 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 Constable with regard to receiving a fee from a bail agency, in addition to collecting a fee from a county, for executing a bench warrant issued by such county’s court of common pleas against an individual. 11-548 (Savona): 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 matter(s) pertaining to a proposed application for subdivision and land development approval related to the renovation and substantial expansion of a convenience store located in the township, when a son of the township supervisor is employed as an hourly staff member with the aforesaid convenience store. 11-549 (Martin): Re: Whether an individual employed by the City of Philadelphia (“City”) as a Social Work Services Manager 2 with the City’s Prisons System (“PPS”) under job class specification 5A07 would be considered a “public employee” subject to the Public Official and Employee Ethics Act (the “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. 11-550 (Martin): Re: Whether an individual employed by the City of Philadelphia (“City”) as a Social Work Services Manager 2 with the City’s Department of Human Services under job class specification 5A07 would be considered a “public employee” subject to the Public Official and Employee Ethics Act (the “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. - 3 - 11-551 (Martin) Re: Whether an individual employed by the City of Philadelphia (“City”) as a Health Services Social Worker II with the City’s Department of Public Health under job class specification 5A62 would be considered a “public employee” subject to the Public Official and Employee Ethics Act (the “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. OPINIONS: 11-004: 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 Commonwealth Official A with regard to receiving payment of engagement fees for the delivery of speeches and presentations about [specific topics] and related topics. ORDERS (Ethics): 1584 (Schell): Re: This is a final adjudication of the State Ethics Commission. 1585 (Grimes): Re: This is a final adjudication of the State Ethics Commission. 1586 (Dull): Re: This is a final adjudication of the State Ethics Commission. 1587 (Dull): Re: This is a final adjudication of the State Ethics Commissio 1588 (Thuy): Re: This is a final adjudication of the State Ethics Commissio ORDERS (Lobbying): 006-SL (Laser NE Gath): 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.” - 4 - 007-SL (Mid. Atl. Insur): 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): 384-S (McDermott): 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. 385-S (Brown): 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. 386-S (Cox, 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. 387-S (Nassar): 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. 388-S (Welter, II): 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. 390-S (Laureano): Re: This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or - 5 - 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 -