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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 - 1 - 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. - 2 - 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. - 3 - 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 - 4 - 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 - 5 - 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 - 6 - 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. § - 7 - 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). - 8 -