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HomeMy WebLinkAbout4th Qtr 2017 INDEX State Ethics Commission Quarterly Rulings for Fourth Quarter 2017 ADVICES (Ethics): 17-568 (Hand): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose prohibitions upon employment of a State Police Medical Officer following termination of employment with the Pennsylvania State Police. 17-569 (Parsons): 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 Executive Policy Specialist 2 following termination of employment with the Pennsylvania Department of Health. 17-570 (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 a Welfare Program Executive 1 following termination of employment with the Pennsylvania Department of Human Services. 17-571 (McAndrew): 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 as a borough mayor would have a conflict of interest with regard to scheduling borough police officers to maintain public safety at two community events managed by the local chamber of commerce, if the individual would become employed as the executive director of the local chamber of commerce. . 17-572 (Seese): Re: Whether, as a Diesel and Construction Equipment Mechanic for the Pennsylvania Department of Transportation (“PennDOT”) under job code 93130, 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 - 1 - restrictions of Section 1103(g) of the Ethics Act would be applicable to you. 17-573 (Racunas): Re: Whether, pursuant to Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), an attorney serving as a township solicitor on a retainer basis would have a conflict of interest with regard to providing legal representation to the township planning commission and the township board of commissioners in relation to the approval or disapproval of a gas well drilling company’s application for a potential gas well site in the township, where: (1) the pool of properties for the potential gas well site may include property owned by the attorney and would include property owned by the attorney’s mother-in-law and father-in-law; (2) the attorney does not own the gas rights to his property, and he would receive no royalty payments if gas would be extracted from his property; and (3) the attorney’s mother-in-law and father-in-law have leased the gas rights to their property, and they would be entitled to receive royalty payments if gas would be extracted from their property. 17-574 (Rudy, Jr.): 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 Vice-Chair of the three-Member Board of Commissioners of Perry County (“County”), Pennsylvania, who is a Member of the Board of Directors of the Perry County Economic Development Corporation (“PCEDC”) and the President of PCEDC, with regard to: (1) making or seconding a motion to discuss the issue of whether the County should forgive a debt owed to it by PCEDC pursuant to a County-held lien on real property and record satisfaction of the County-held lien; or (2) voting on a motion to forgive the aforesaid debt and record satisfaction of the aforesaid lien, where the other two County Commissioners would cast opposing votes. 17-575 (Youngs): 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 with regard to simultaneously serving as a full-time maintenance/road crew worker for the borough. - 2 - 17-576 (Schnee): Re: Whether, pursuant to Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), a county commissioner, who has been asked to serve on the board of directors of a not-for-profit foundation organized for the purpose of promoting economic development by developing a cycling facility, would have a conflict of interest with regard to participating in discussions or votes of the county board of commissioners pertaining to agreements with the foundation, financial contributions to the foundation, or other matters related to the foundation, if: (1) the county commissioner would serve on the foundation board of directors in his private capacity; or (2) the foundation board of directors would authorize the county commissioner to serve as a director ex officio—that is, by reason of his office as a county commissioner. 17-577 (DeBell): 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 employment of an Executive Policy Manager 3 following termination of employment with the Pennsylvania Department of Human Services. 17-578 (Romano): 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”). 17-579 (Roae): 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 Pennsylvania House of Representatives with regard to accepting an invitation from a state-related university to be its guest at a professional football game or other event. 17-580 (France): 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 municipal authority board with regard to being appointed to the position of executive director of the municipal authority, where the individual would resign from the - 3 - municipal authority board if chosen for employment in such position. 17-581 (Leone): 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 Chair of the Pennsylvania Historical and Museum Commission (“PHMC”) with regard to serving as a Member of the Board of Directors of the Pennsylvania Heritage Foundation (the “Foundation”) in either a voting capacity or a non-voting, advisory capacity, where: (1) the Foundation raises charitable donations on behalf of PHMC and its projects; and (2) pursuant to a contract between PHMC and the Foundation, PHMC provides office space and $100,000 per year to the Foundation for it to run PHMC’s fundraising operations. 17-582 (Gallagher): 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 township manager and a member of a municipal authority board. 17-583 (O’Donnell): 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 School Director for the Hazleton Area School District following termination of service as a School Director. 17-584 (Christy): 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 Management Policy Analyst 2 following termination of employment with the Governor’s Office of Administration. 17-585 (Schill): 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 Engineer’s Representative IV following termination of employment with the City of Harrisburg (“City”) Office of the City Engineer. 17-586 (Fajt): 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 the - 4 - Citizen Member of the Board of Claims of the Commonwealth of Pennsylvania (“Board of Claims”) would have a conflict of interest with regard to performing the duties of his public position, where the individual in a private capacity is: (1) an attorney; and (2) a part-time consultant for a government affairs consulting and business development firm. ORDERS (Ethics): 1719 (Spanik): Re: This is a final adjudication of the State Ethics Commission 1720 (Allen): Re: This is a final adjudication of the State Ethics Commission 1721 (Baird): Re: This is a final adjudication of the State Ethics Commission 1722 (Bloom): Re: This is a final adjudication of the State Ethics Commission ORDERS (SFI): 542-S (Niehenke): 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. 543-S (Hubbard): 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. 544-S (Stephens): 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. 545-S (Warner): 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 - 5 - 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. 546-S (Washington): 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. 547-S (Clancione): 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. 548-S (Sweeney): 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. 549-S (Lupher): 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. 550-S (LeVan-Wertz): 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. 551-S (Harkeader): 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. 522-S (Geagan): Re: This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or - 6 - 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. 552-S (Rowles): 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. 553-S (Phillips): 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. 554-S (Lander): 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. 555-S (Lander): 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. 556-S (Loutitt): 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. 557-S (Wible): 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 - 558-S (McKnight): 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. 559-S (Villar): 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. 560-S (Lipkin): 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. 561-S (Sprowal): 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. 562-S (Rusnov): 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. 563-S (Semuta): 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. 564-S (Maher): 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. - 8 - 565-S (Louis): 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. 566-S (Lupher): 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. 567-S (Williams): 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. 568-S (Randecker): 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): 126-SL (All State Dev.): 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.” 127-SL (PCCSA): 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.” - 9 -