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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 - 1 - 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 - 2 - 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. - 3 - 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 - 4 - 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 - 5 - 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. - 6 - 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. - 7 - 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 - 8 - 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. § - 9 - 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). - 10 -