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.,
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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
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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.
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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.”
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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
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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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