HomeMy WebLinkAbout1st Qtr 2017
INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2017
ADVICES (Ethics):
17-500 (Hafner,II): Re: Whether the Director of Executive Planning
(Scheduling) for Pennsylvania State Senator Daylin
Leach 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 if so, whether the Ethics Act
would impose prohibitions or restrictions upon such
individual with regard to serving as a Democrat
Committeeperson.
17-501 (Hodges): 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 borough council member with
regard to voting on a proposed plan to change the
parking enforcement hours for certain metered spots
in the borough, where: (1) in a private capacity, the
individual owns a bed and breakfast located in the
center of the borough’s downtown; (2) guests of the
bed and breakfast need to park overnight either at the
metered spots or in the public parking garage; (3)
guests of the bed and breakfast may currently park
overnight for free at the metered spots under the
current parking enforcement hours, or they may buy a
parking pass and park overnight in the public parking
garage; and (4) the proposed change in parking
enforcement hours would eliminate the option for
guests of the bed and breakfast to park overnight for
free.
17-502 (Hafner, II): 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
Pennsylvania State Senator, who in his private
capacity as an attorney is affiliated with a law firm in
an of-counsel position, with regard to attending
meetings of the law firm and its clients and providing
advice to the law firm and its clients on matter(s)
related to the Medical Marijuana Act (“Medical
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Marijuana Act”), Act 16 of 2016, 35 P.S. § 10231.101
et seq., where the Pennsylvania State Senator was
the first co-sponsor of the Senate Bill which was
enacted as the Medical Marijuana Act, and he
continues to play an unofficial role in the development
of the Commonwealth’s policies and regulations
regarding medical marijuana.
17-503 (O’Connor): 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 and president of a
borough council, who resides in a housing unit that is
part of housing owned by the borough, with regard to
voting on: (1) matter(s) related to improvements made
to the borough-owned housing as a whole; or (2)
matter(s) related to the repair/maintenance of only the
particular housing unit in which the individual resides.
17-504 (Steigerwalt): 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 with regard to performing the duties of his
public position as a Member of Council for the
Borough of Tamaqua, where: (1) as an independent
contractor, the individual serves as the Executive
Director of the Tamaqua Area Community
Partnership, a non-profit 501(c)(3) charitable
organization; (2) the Tamaqua Area Community
Partnership is seeking funding from the Pennsylvania
City Revitalization and Improvement Zone Program in
connection with its acquisition of a property located in
the Tamaqua Historic District; and (3) the proposed
funding would be provided by the Tamaqua
Community Revitalization and Improvement Zone
Contracting Authority.
17-505: 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 an A for Political Subdivision B,
who is also employed as the C of Political Subdivision
D, with regard to voting as a Political Subdivision B A
on: (1) matter(s) pertaining to the E of Political
Subdivision D by Political Subdivision B; (2) the F of
G(s) of the Political Subdivision D H; or (3) other
matter(s) related to Political Subdivision D and/or the
individual’s employment with Political Subdivision D.
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17-506 (Joseph): 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
Airport Engineering Project Manager for the City of
Philadelphia Department of Commerce (“City
Department of Commerce”) following termination of
employment with the City Department of Commerce.
17-507 (Bielskie, Sr.): 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 an Inspector for the Tri-County
COG Inspection Service with regard to simultaneously
serving as a Member of Council for Kulpmont
Borough.
17-508 (Williams): 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
Appeals Referee following termination of employment
with the Pennsylvania Department of Labor and
Industry.
17-509: 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 A
to the Governmental Body B C following termination
of employment with the Governmental Body B D.
17-510 (Lynes): Re: Whether, as a Senior Civil Engineer – Bridges
for the Pennsylvania Department of Transportation
(“PennDOT”), 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., such that upon
termination of your employment with PennDOT, the
restrictions of Section 1103(g) of the Ethics Act would
be applicable to you.
17-511 (Clancy): 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
Special Advisor to the Secretary of Human Services
for the Commonwealth of Pennsylvania following
termination of employment with the Pennsylvania
Department of Human Services.
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17-512 (Scott): 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 preparing to conclude service as a
county commissioner and who, in a private capacity,
is an attorney licensed to practice law in Pennsylvania
and a Certified Financial Planner, with regard to
accepting a part-time position with: (1) an investment
advisory firm that is a provider of investment accounts
for county employees participating in the county’s
Section 457(b) deferred compensation plan; or (2)
another investment advisory firm.
17-513 (Pendrak): 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, who is
also a township employee, with regard to performing
electrical work for the township either as a township
employee or in his private capacity as a licensed
master electrical contractor/owner of an electrical
services business.
17-514 (Shevin): 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 Bureau of Information Technology
within the Pennsylvania State Police, with a job title of
Chief Information Officer 3, following termination of
Commonwealth employment.
17-515 (Shorraw): Re: Whether, pursuant to Section 1103(a) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1101 et seq., an individual who would be
elected to public office in the City of Monessen would
have a conflict of interest with regard to performing
the duties of his public position, where the individual
is employed as the Assistant Band Director at the
Monessen Middle School/High School and also
serves as President of the Monessen Amphitheater
Committee.
17-516 (Dunchuck): Re: Whether, pursuant to Section 1103(a) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1103(a), an individual who retired from
employment with a school district and would be
subsequently elected as a school director in the
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school district would have a conflict of interest with
regard to participating in discussions or votes of the
school district school board pertaining to
hospitalization, vision, or dental coverage, where the
individual: (1) receives school district-paid
hospitalization coverage for himself and his wife until
age 65 as part of his contract with the school district;
and (2) is paying for vision and dental coverage under
the federal Consolidated Omnibus Budget
Reconciliation Act (“COBRA”) for an eighteen-month
period.
17-517: 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
for the \[name of city\] (“City”) B following termination of
employment with the City.
17-518 (Stouch): 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 with regard to simultaneously serving as
either a constable or an appointed deputy constable
in a township and a supervisor for the township.
17-519: 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 with regard to performing the duties of his
public position as a \[type of political subdivision\] A
where five particular businesses with which the
individual is associated--including one business with
which members of the individual’s immediate family
are also associated--may have matter(s) before the
\[type of political subdivision\] \[governing body\].
17-520 (Ritchey): 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
Transportation Construction Inspector Supervisor
following termination of employment with the
Pennsylvania Department of Transportation
(“PennDOT”).
17-521: 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 with regard to performing the duties of his
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public position as an A of Governmental Body B if the
individual, in his private capacity, would be hired by a
company to serve in the role of C for an event, where:
(1) some of the sponsors of the event may be
Governmental Body B Ds or Es; and (2) an entity has
obtained an F from Governmental Body B to G at the
event.
OPIONIONS (Ethics):
17-001 (Arneson): 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 the Executive Director of the
Pennsylvania Office of Open Records (“OOR”) with
regard to authorizing an expenditure of OOR funds to
pay legal bills/expenses for a law firm’s representation
of the individual in litigation that: (1) determined that
the Honorable Tom Wolf, Governor, exceeded his
removal power under the Pennsylvania Constitution
and dismissed the individual from his position as
Executive Director of OOR without the authority of
law; and (2) resulted in a court order directing the
restoration of the individual to his position as
Executive Director of OOR.
17-002 (Edley, Ph.D.): Re: Whether Section 1103(g) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1103(g), would impose restrictions upon an individual
formerly employed as a Special Advisor to the
Secretary of Human Services for the Commonwealth
of Pennsylvania with regard to attending a committee
meeting held by the individual’s new employer--an
association of providers of human services--where a
representative of the Pennsylvania Department of
Human Services would be present at such committee
meeting.
17-003: 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 A
and B of Governmental Body C, who in a private
capacity is the D of an E F and G firm, with regard to
participating in discussions or votes by Governmental
Body C on matters unrelated to E that the following
entities may have before Governmental Body C: (1) a
firm client for which the firm receives either an
ongoing H or only an up-front I related to the client’s E
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J(s); (2) a party that is not a firm client but intends to
use an aforesaid firm client as a consultant and/or
subcontractor; or (3) a party that is not a firm client
but is a client of an E company for which the firm is a
K.
ORDERS (Ethics):
1705 (Yusko): Re: This is a final adjudication of the State Ethics
Commission
1706 (Evans): Re: This is a final adjudication of the State Ethics
Commission
1707 (Ginnick): Re: This is a final adjudication of the State Ethics
Commission
1708 (Lieberman): Re: This is a final adjudication of the State Ethics
Commission
1709 (Warfield): Re: This is a final adjudication of the State Ethics
Commission
ORDERS (SFI):
521-S (Laws): 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):
118-SL (10,000 Friends): 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.”
119-SL (10,000 Friends): 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. §
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13A01 et seq., hereinafter referred to as the
“Lobbying Disclosure Law.”
120-SL (OHL Infrast.): 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.”
121-SL (Corning Gas): 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:
17-3001 (Knox): Re: Whether the spouse of an individual who
served as an elected Supervisor of Cussewago
Township in Crawford County, Pennsylvania, from
January 2, 2016, until on or about October 11, 2016,
would be subject to the restrictions of Section
2101.1(a) and (b) of the Medical Marijuana Act, 35
P.S. § 10231.2101.1(a)-(b).
17-3002 (Bradey, III): Re: Whether an individual serving as Chairman of
the Radnor Township Democratic Committee would
be considered a “party officer” subject to the
restrictions of Section 2101.1(a) and (b) of the
Medical Marijuana Act, 35 P.S. § 10231.2101.1(a)-(b).
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