HomeMy WebLinkAbout3rd Qtr 2014
INDEX
State Ethics Commission
Quarterly Rulings for Third Quarter 2014
ADVICES (Ethics):
14-529 (Lee):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon an
individual serving as a township supervisor with
regard to participating in discussions or actions by the
township board of supervisors involving the
subdivision plan for certain land where: (1) the land
was formerly owned by the individual’s family and was
taken by a quiet title action; and (2) the individual and
his siblings believe that the quiet title process was
flawed and can be reopened without difficulty, and
they are confident that if such course of action would
be pursued, ownership of the land would be found to
lie with them and not the land’s current owners.
14-530:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon a State
Legislator serving in the \[Chamber of the General
Assembly\] with regard to: (1) making As in his
legislative role on a proposed B that would C his
legislative district; or (2) assisting constituents, either
directly or through district office staff, on matters
related to the proposed B, where the proposed B
would D E owned by the State Legislator.
14-531 (Steele):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon a
school director with regard to receiving information or
participating in discussions or decisions relating to the
negotiations on the portion of a labor contract that
would apply to the school district’s professional
employees, where: (1) a supplemental section of the
labor contract would set the wages for various
supplemental positions with the school district,
including the position of head coach of the football
team; (2) the school director’s husband is the head
coach of the school district’s football team, in which
capacity he is neither a professional employee of the
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school district nor a member of the bargaining unit
that represents the school district’s professional
employees; and (3) all data and information on the
status of the negotiations on the supplemental section
of the labor contract would be withheld from the
school director.
14-532 (Rosenstein):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of a
Director of the Office of Legislative Affairs within the
Pennsylvania Department of Public Welfare, with a
job title of Legislative Liaison 3, following termination
of Commonwealth employment.
14-533 (Janoski):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon a
member and chairman of a five-member township
board of supervisors with regard to making a motion
or voting to appoint herself as a part-time
secretary/treasurer for the township.
14-534 (Korns):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon a
county commissioner, who in a private capacity is a
licensed insurance broker, a registered stockbroker,
and a licensed investment advisor, with regard to
providing investment or insurance services to various
municipalities and authorities within or outside of the
county.
14-535 (Fasiczka):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of a Civil
Engineer Manager – Transportation following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
14-536 (Coull):
Re: Whether the Public Official and Employee Ethics
Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would
impose prohibitions or restrictions upon an individual
employed as the chief automotive mechanic for a
borough with regard to performing the duties of his
public position if he would accept a part-time position
as a tow truck driver for a business that the borough
uses for towing services and auto body work.
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14-537 (Kijek):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon an
individual serving as a part-time borough secretary
with regard to simultaneously serving in an appointed
position/position of employment such as secretary,
grant writer, code enforcement officer, and the like
with a different borough in Pennsylvania.
14-538 (McCahan):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of an
Engineer Project Manager 3 following termination of
employment with the Pennsylvania Turnpike
Commission (“Turnpike Commission”).
14-539 (Casey):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon a
school director, whose father works as an
independent contractor for two companies, with
regard to participating in matters pertaining to a
business relationship between the school director’s
father and the school district school board.
14-540:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of an A
following termination of service with a B of
Governmental Body C of Political Subdivision D.
14-541 (Lesher):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of a
Director of the Office of Legislative Affairs within the
Governor’s Office of the Budget following termination
of Commonwealth employment.
14-542 (McGraw):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of the
Executive Director of the Office of Travel, Tourism
and Film within the Pennsylvania Department of
Community and Economic Development (“DCED”)
following termination of Commonwealth employment.
14-543 (Telek)
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 restrictions upon employment of a
Senior Construction Inspector following termination of
employment with the Pennsylvania Turnpike
Commission (“Turnpike Commission”).
OPIONIONS (Ethics):
14-006:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon a State
Legislator serving in the \[Chamber of the General
Assembly\], who is an A of the B of \[name of private
educational institution\] (the “Institution”), with regard
to receiving payment for teaching a course on Subject
C at the Institution as a D, where: (1) the State
Legislator would be treated by the Institution as an
employee for tax purposes; (2) the State Legislator
would receive \[amount\] for teaching the course, which
he believes is below the compensation paid to other
faculty at the Institution; and (3) the course would
primarily focus on \[certain non-legislative topics\], and
some of the class time would be devoted to \[certain
non-legislative processes\].
ORDERS (Ethics):
1636-2 (Street):
Re: This is a final adjudication of the State Ethics
Commission
1633 (Simon):
Re: This is a final adjudication of the State Ethics
Commission
1639 (Sulc, Jr.):
Re: This is a final adjudication of the State Ethics
Commission
1639-R (Sulc, Jr.):
Re: On July 26, 2014, Respondent J. Gregory Sulc,
Jr. (“Sulc”) faxed to the Pennsylvania State Ethics
Commission (“Commission”) a Motion for
Reconsideration with respect to Order No. 1639,
issued June 26, 2014.
1640 (Thomas):
Re: This is a final adjudication of the State Ethics
Commission
1641 (Schwenk):
Re: This is a final adjudication of the State Ethics
Commission
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1642 (Kerrick):
Re: This is a final adjudication of the State Ethics
Commission
1643 (Colocino):
Re: This is a final adjudication of the State Ethics
Commission
ORDERS (Lobbying):
067-SL (PA Dist.):
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.”
068-SL (Voyager Jet):
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.”
069-SL (Edison Learn.):
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.”
070-SL (Food &Water):
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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