HomeMy WebLinkAbout4th Qtr 2014
INDEX
State Ethics Commission
Quarterly Rulings for Fourth Quarter 2014
ADVICES (Ethics):
14-544 (Deschler):
Re: Whether a Member of the Human Relations
Commission of the City of Bethlehem would be
considered a "public official" 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.
14-545 (Loperfito):
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
borough council member, who in a private capacity
owns a residential rental property located within the
borough, with regard to renting such property to a
contractor to house employees who would be working
on a borough sewer project.
14-546:
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 of the General Assembly with regard to
receiving payment for serving as the A of a B C D.
14-547 (Leonard):
Re: Whether, as the District Manager in
northwestern Pennsylvania for Berkheimer Tax
Administrator, which serves as the appointed tax
officer for the Mercer County Tax Collection District,
you would be required to file Statements of Financial
Interests pursuant 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.
14-548 (Hallingstad):
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 Real
Estate Specialist following termination of employment
with the Pennsylvania Department of Transportation
(“PennDOT”).
- 1 -
14-549 (Benton):
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 who was appointed as a Deputy Constable
by the elected Constable in his township with regard
to seeking election or simultaneously serving as a
supervisor for the township.
14-550 (Rugh):
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 Oil
and Gas Inspector following termination of
employment with the Pennsylvania Department of
Environmental Protection (“DEP”).
14-551:
Re: Whether the Public Official and Employee Ethics
Act, 65 Pa.C.S. § 1101 et seq., would impose
prohibitions or restrictions upon an A B of
Governmental Body C of Political Subdivision D with
regard to serving as an E for a local \[type of
company\].
14-552 (Wheeland):
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
township supervisor with regard to voting on
conditional use applications for gas wells received by
the township, where one of the conditional use
applications is for a well site on the farm of the
parents of the township supervisor.
14-553 (Pulaski Twp.):
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
township supervisor who has signed an oil and gas
lease with an energy company with regard to
participating in the proceedings or vote on the energy
company’s request for conditional use approval for
installation of a well pad on land owned by the
township supervisor.
14-554 (Finnerty):
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
township supervisor, who is also the police
commissioner for the township police department,
with regard to assisting the officer-in-charge of the
township police department with the scheduling of
- 2 -
police officers where he (the township
supervisor/police commissioner) would not receive
any compensation for doing so.
14-555:
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 county A with regard to
accepting a part-time position as the B for a company
which provides C services for the county and other
counties located in the \[certain geographical area\] of
the Commonwealth.
14-556 (Shaffer):
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 IT
Business Analyst 4 following termination of
employment with the Pennsylvania eHealth
Partnership Authority.
14-557 (Hanley):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would require an individual serving as a borough
council member, who is in negotiations to sell his
residential property to an industrial and commercial
development authority organized by the borough
council, to resign from borough council if: (1) he would
sign a conditional agreement for the sale of such
property; (2) he would sell such property and would
continue to reside in the borough ward he represents;
or (3) he would sell such property and would move
out of the borough ward he represents.
14-558 (Sokoloski):
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
Senior Civil Engineer Supervisor – Transportation
following termination of employment with the
Pennsylvania Department of Transportation
(“PennDOT”).
14-559 (Frankenfield):
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 member of a borough council
with regard to voting on matters pertaining to public
works in the borough if he would be hired as the
borough public works foreman.
- 3 -
14-560 (Zipko):
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 who is serving as both a township
supervisor and a member of the township planning
commission with regard to participating in matter(s)
involving the establishment/amendment of a township
ordinance regulating oil and gas drilling or in matter(s)
involving applications for drilling on land in the
township that is not owned by the individual, where:
(1) the current township oil and gas ordinance permits
drilling as a conditional use in R2 zoning districts; (2)
one of the proposed amendments to the township oil
and gas ordinance would delete drilling as a
conditional use in R2 zoning districts; (3) the
individual is one of the owners of a family farm
located in an R2 zoning district in the township; (4)
the owners of the family farm have been contacted by
the gas industry and have engaged in negotiations
with regard to a gas lease; and (5) the individual
might profit if the owners of the family farm would
enter into a gas lease with the gas industry.
14-561:
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 \[officer\] of a borough council with regard
to receiving payment for performing duties as the
borough A.
14-562 (Cech):
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
attorney serving in the position of solicitor for a
municipal authority with regard to continuing to serve
in such position if he would form a partnership to
practice law with an attorney who is a member and
president of the municipal authority’s board of
directors.
14-563 (Dando):
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
Chief of Staff to a Member of the Pennsylvania
Senate following termination of Commonwealth
employment.
- 4 -
14-564 (Holland):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would permit a company that sells produce (“the
Produce Vendor”) to enter into an arrangement to
supply produce and fruit to a corporation which
provides food services for school districts (“the Food
Services Corporation”), where: (1) an owner of the
Produce Vendor is a school director for a particular
school district; (2) the Food Services Corporation has
a contract with such school district for the provision of
food services; and (3) the Food Services Corporation
would use the produce and fruit supplied to it by the
Produce Vendor at all school districts served by the
Food Services Corporation, including such school
district.
14-565 (Harry):
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 city
treasurer/tax collector with regard to appointing her
husband to the position of deputy tax collector, where
factually, whoever would be appointed as the deputy
tax collector would receive no compensation and
would only collect and settle taxes during any
incapacitation of the tax collector.
14-566 (Hassler):
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
township supervisor with regard to participating in
discussions or votes by the township board of
supervisors on budget allocations or other matters
pertaining to a volunteer fire company, where the
township supervisor: (1) is a member and firefighter of
the volunteer fire company; and (2) is an appointed
fire marshal.
14-567:
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 school director, who in a
private capacity is an owner of a \[amount of interest\]
in a company, with regard to such company entering
into contracts to sell products to classes,
organizations, and clubs of the school district.
14-568 (Russel):
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
- 5 -
would impose restrictions upon employment of a
Senior Civil Engineer Supervisor – Bridges following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
14-569:
Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions with regard
to the hiring of an individual to work in the office of a
Member of the \[Chamber of the General Assembly\]
where the individual’s \[type of immediate family
member\] is already employed in the Member’s office.
OPIONIONS (Ethics):
14-007:
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 A with regard to: (1) entering
into a contract with a publisher for the purpose of
authoring a non-fiction book which would be an
account of his public and private life; or (2) receiving
payment under the contract for authoring such book.
14-008:
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.
ORDERS (Ethics):
1644 (Beale):
Re: This is a final adjudication of the State Ethics
Commission
1645 (Spangler):
Re: This is a final adjudication of the State Ethics
Commission
1646 (Brumbaugh):
Re: This is a final adjudication of the State Ethics
Commission
1647 (Kirkland.):
Re: This is a final adjudication of the State Ethics
Commission
- 6 -
1648 (Foster):
Re: This is a final adjudication of the State Ethics
Commission
1649 (Doremus):
Re: This is a final adjudication of the State Ethics
Commission
ORDERS (SFI):
427-S (Jackson):
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.
428-S (Sharif):
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.
429-S (Elias):
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.
430-S (Truxon):
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.
431-S (Honore):
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.
ORDERS (Lobbying):
071-SL (Gateway):
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
- 7 -
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.”
072-SL (Goldenberg):
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.”
073-SL (PA Online):
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.”
074-SL (Taser Int.):
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.”
074-SL (Primerica):
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.”
DETERMINATION OF THE COMMISSION:
14-2003 (King Jr.):
Re: Whether a former First Deputy Attorney
General for the Pennsylvania Office of Attorney
General would be subject to Section 1512.1(a)(1)-(3)
of the Gaming Act, 4 Pa.C.S. § 1512.1(a)(1)-(3),
where: (1) upon assuming the aforesaid position, the
individual recused himself from any and all matters
involving the regulation and oversight of casino
gaming and delegated any and all gaming matters to
another attorney; (2) while serving in such position,
- 8 -
the individual’s duties did not substantially involve
licensing or enforcement, the development of laws or
the development or adoption of regulations or policy
related to gaming; and (3) while serving in such
position, the individual never maintained other
discretionary authority which might affect or influence
the outcome of an action, proceeding or decision
under the Gaming Act.
- 9 -