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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 -