HomeMy WebLinkAbout2nd Qtr 2016
INDEX
State Ethics Commission
Quarterly Rulings for Second Quarter 2017
ADVICES (Ethics):
11-533-S: 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
with regard to participating in discussions, votes, or
other actions of the B as to land development plans,
permit requests/approvals, or other proposals/issues
involving an educational institution that is a customer
of a business in which the A’s spouse is a partner.
17-522: 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 B following termination of employment with the
B.
17-523: 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.
17-524 (O’Neil): 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 the Board of
Directors (“Board”) of the Lehigh and Northampton
Transportation Authority (“Authority”) with regard to
participating in discussions, votes, or other actions of
the Authority Board pertaining to the Authority’s
proposed use of an entity’s electronic bid/request for
proposal management system that government
agencies may use free of charge, where: (1) the
individual is employed with the entity; and (2) firms
awarded Authority contracts through the entity’s
system would pay the entity fees based on the value
of the Authority contracts.
.
17-525 (Fanelli): 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
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member and chairman of a township board of
supervisors, who is employed with a neighboring
municipality as a part-time police officer, with regard
to participating in votes or other actions of the
township board of supervisors involving a contract
with the neighboring municipality for the provision of
police services to the township; and whether the
restrictions of Section 1103(f) of the Ethics Act
(pertaining to contracting) would be applicable as to
such a contract.
17-526: 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 an A for \[name of county\],
Pennsylvania, with regard to simultaneously serving
as a township auditor.
17-527 (Ferguson): 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
Assistant Highway Maintenance Manager following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
17-528: 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
for \[name of political subdivision\] (“the Political
Subdivision”), who serves on the B of the \[name of
volunteer fire company\] (“the Fire Company”), with
regard to voting on matter(s) involving the type or C of
a D that the Political Subdivision would E on an F that
the Political Subdivision would G from the Fire
Company on an H.
17-529: Re: Whether, as an A for Commonwealth Entity B,
you would be considered a “public employee” 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.
17-530 (Percha): 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
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Highway Design Manager following termination of
employment with the Pennsylvania Department of
Transportation (“PennDOT”).
17-531 (Flanigan): 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 Assistant District Attorney
with the Office of the District Attorney of
Westmoreland County, who is seeking election as a
Magisterial District Judge in the City of Greensburg,
with regard to using a photograph of an Assistant
District Attorney badge in his election campaign
materials.
17-532 (Wian): Re: Whether Sections 1103(a) and 1103(f) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. §§ 1103(a), 1103(f), would impose
prohibitions or restrictions upon an individual who
would be hired as the director of technology for a
school district in matter(s) pertaining to contract(s)
between the school district and a technology
company for the provision of information technology
services, where the individual would resign from his
employment with, and divest himself of his financial
interest in, the technology company prior to becoming
employed with the school district.
17-533: 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)
participating in legislative actions on matter(s) related
to B if the State Legislator, in his private capacity,
would start a business that would work to C
businesses with B Ds for Es and Fs; or (2) engaging
in private business activities on behalf of the
proposed business or its clients.
17-534: 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, who is a B of the C of
Entity 1 and a B of the C of Entity 2, with regard to
participating in legislative actions that would benefit
Entity 1 or Entity 2.
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17-535 (Wunz-Cavett): Re: Whether a Member of the Water Resources
Advisory Committee of the Pennsylvania Department
of Environmental Protection 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.
17-536 (Repak): 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 currently employed in the
Payroll/Benefits Specialist Department of the Penn
Cambria School District (“School District”) with regard
to simultaneously serving as the tax collector who
would collect School District taxes.
17-537 (Wertz): Re: Whether, as an Applications Developer 1 with
the Pennsylvania Department of Transportation
(“PennDOT”) under job code 01521, you would be
considered a “public employee” 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.
17-538 (Braun): 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 serving as both:
(1) a Member and Chairman of the Board of Directors
of the Elk County Conservation District (“Conservation
District”); and (2) a Member of the Quality Assurance
Board of the Conservation District, would have a
conflict of interest in either of his aforesaid capacities
with regard to applications from Jones Township for
funding for road projects pursuant to a dirt and gravel
road program administered by the Conservation
District, where the individual is employed as a
Sewage Enforcement Officer and Code Enforcement
Officer for Jones Township.
17-539 (Ralston): 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 a
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constable in a township and a supervisor for the
township.
17-540 (Rampulla): 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
Assistant Highway Maintenance Manager following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
17-541 (Edwards): 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
Legislative Secretary I for the Pennsylvania House of
Representatives (“House”) Republican Caucus
following termination of Commonwealth employment.
OPIONIONS (Ethics):
17-004 (Manolis): Re: Whether a Board Member, Member, employee,
and/or legal Counsel of the Lawrence County
Economic Development Corporation (“LCEDC”) would
be subject to the requirements for filing Statements of
Financial Interests pursuant to the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101
et seq.
17-005 (Hafner-Kurish): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose any prohibitions or restrictions upon a
Pennsylvania State Senator with regard to
participating in a proposed arrangement where: (1) a
non-profit non-stock 501(c)(3) organization located in
the Senator’s District would auction off a tour of the
State Capitol and the Capitol Complex accompanied
by the Senator; (2) the winning bidder would pay the
non-profit directly; (3) neither the Senator nor his staff
would be involved in the bidding or payment process;
and (4) neither the Senator, nor any member of his
immediate family, nor a business with which either he
or a member of his immediate family is associated
does business with the non-profit.
17-006 (Riley-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
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termination of employment with the Pennsylvania
Department of Human Services.
ORDERS (Ethics):
1710 (Rheel): Re: This is a final adjudication of the State Ethics
Commission
1711 (Green): Re: This is a final adjudication of the State Ethics
Commission
1712 (Thornton): Re: This is a final adjudication of the State Ethics
Commission
1713 (Bechdel, Sr.): Re: This is a final adjudication of the State Ethics
Commission
ORDERS (SFI):
522-S (Geagan): 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.
523-S (Cratty): 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.
524-S (Espinal): 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.
525-S (Mitchell): 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.
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526-S (Savulak): 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.
527-S (Knox): 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.
528-S (Cortes): 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.
529-S (Marcus): 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.
530-S (Shroy): 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.
531-S (Kostelec): 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.
532-S (Ross): 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.
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533-S (Roberts): 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.
534-S (Neely): 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.
535-S (Hardy): 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.
536-S (Micola): 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.
537-S (Makowski): 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.
538-S (Sellitto): 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.
539-S (Pitzarella): 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
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1105 of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
540-S (Cooper): 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.
541-S (Garcia): 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):
122-SL (Penn Eviron.): 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.”
123-SL (Working Fam.): 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.”
124-SL (P&T.P.S.F.): 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.”
125-SL (Shenago): 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.”
OPINIONS (Lobbying):
17-1001 (Smith): Re: For purposes of filing quarterly expense reports
under Pennsylvania’s lobbying disclosure law
(“Lobbying Disclosure Law”), 65 Pa.C.S. § 13A01, et
seq., what would be an acceptable method for valuing
shares of restricted stock paid by a principal to a
lobbying firm at the beginning of a lobbying contract
as a portion of compensation for lobbying to occur
across quarters, and when should such compensation
be reported if the principal reports lobbying expenses
on an accrual basis.
DETERMINATION OF THE COMMISSION:
17-3003 (Mosik): Re: Whether an individual serving as an elected
member of the Executive Committee of the
Pennsylvania Democratic Party 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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