HomeMy WebLinkAbout1st Qtr 2019
INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2019
ADVICES (Ethics):
19-500 (Rigler): 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 Accounts Payable/General
Ledger Specialist for Wayne County (“County”),
Pennsylvania, with regard to simultaneously serving
as a County Auditor.
19-501 (Patel): 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
Engineering, Scientific, and Technical Intern following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
19-502 (Ciccocioppo): Re: Whether, as a Member and Chairperson of the
Pennsylvania eHealth Partnership Advisory Board,
David F. Simon, Esquire, 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.
19-503 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 A with regard to accepting a position of
employment with a B, where such position would
involve working with the C and the D of the B to E Fs
to G H of the B.
.
19-504 (Barley): 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
Engineering, Scientific, and Technical Intern following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
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19-505 (Grimes): 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 city treasurer/city tax collector
with regard to entering into a private services
agreement/contract with a consultant company to
provide research and clerical services to the
consultant company, where: (1) the consultant
company has a contract with the city for the provision
of various services including economic development
consulting services; and (2) the private services
agreement/contract between the individual and the
consultant company would prohibit the individual from
providing any services for clients or projects located in
the county in which the city is located.
19-506 (Muscante): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon either a
borough council member or a borough treasurer with
regard to participating in matters pertaining to the
borough’s transaction of business with a particular
credit union or other financial institutions, where: (1)
the borough council member and the borough
treasurer are married to each other; and (2) the
borough treasurer, in a private capacity, is the
manager/chief executive officer of the credit union.
19-507 (Barletta): 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 would be
elected as a city mayor would have a conflict of
interest with regard to performing the duties of her
public position, where: (1) the city police department
maintains a list of towing companies that are utilized
on a rotating basis when vehicles need to be towed
from accidents or impounded; and (2) the individual is
the girlfriend of an owner of a towing company that is
on the list maintained by the city police department.
19-508 (Uhland): Re: Whether, as a Member and Chairman of the
Agricultural Advisory Board, you currently 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.,
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and particularly, the requirements for filing Statements
of Financial Interests.
19-509 (Logsdon): 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, who is employed with a
medical cannabis manufacturing plant located in the
borough, with regard to participating in discussions,
deliberations, or votes of borough council pertaining
to concerns or complaints regarding an odor
emanating from the manufacturing plant, land use
applications involving the manufacturing plant, or
other matters related to the manufacturing plant.
19-510: 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 serving as both a member of an A B
and a member of a C B with regard to participating in
discussions or other actions pertaining to the issue of
whether the current boundaries of a D should be
expanded to include additional E(s) within one or
more of \[number\] Fs, where: (1) the individual’s G is
the H and an I of a J that owns a K L; (2) the
individual’s G acquired an M L adjacent to the J L in
order to facilitate the sale of the J L; and (3) both of
the aforesaid Ls are adjacent to the current
boundaries of the D and are located within one of the
\[number\] Fs.
19-511 (Nagy): 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 chairman of a township board of
supervisors, whose son is a member of the board of
directors of an ambulance association, with regard to
participating in deliberations or other actions of the
township board of supervisors pertaining to: (1) a tax
increase related to the provision of financial support to
the ambulance association; or (2) other matters
involving the ambulance association.
19-512 (Halesey): 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
position as a member and president of a borough
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council as a result of his potential employment—or if
hired, his actual employment—as a clerk for the
borough.
19-513 (Hafner, II): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions, restrictions, or
requirements upon a Pennsylvania State Senator,
who in his private capacity as an attorney is employed
by a law firm in an of-counsel capacity, with regard to
accepting from the law firm the donation of the use of
a law firm conference room to hold an annual seminar
that would be hosted by the Pennsylvania State
Senator and would inform small and medium-sized
businesses located in his legislative district about
state and local programs designed to assist
businesses in dealing with various topics and issues.
19-514 (Amann): 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
Deputy Secretary of Policy and Planning for the Policy
and Planning Office within the Office of the Governor
following termination of Commonwealth employment.
19-515 (Gilson): 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 Manager 2 following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
OPINIONS (Ethics):
19-002: Whether, pursuant to Section 1105(b)(7) of the Public
Official and Employee Ethics Act (“Ethics Act”), 65
Pa.C.S. § 1105(b)(7), Public Official A would be
required to provide disclosure on his Statement(s) of
Financial Interests filed pursuant to the Ethics Act in
relation to certain vacation expenses consisting of
transportation, lodging and/or hospitality where: (1)
such transportation, lodging and/or hospitality would
be provided at the personal expense of a B of a \[type
of company\] (“Company”) for an annual vacation at
the B’s vacation home; (2) Public Official A and the B
have been close friends for over \[number\] years, with
such friendship commencing prior to Public Official A
assuming C office; (3) the B is not a registered
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lobbyist and has never represented the Company in
any matter before the \[governmental body of Public
Official A\] (“Governmental Body D”); (4) with the sole
exceptions of E and F pursuant to G, Governmental
Body D has no administrative interaction or
involvement with the Company; and (5) none of the
Hs has any regulatory or governmental oversight
authority related to the Company’s business activities.
19-003: 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 General Assembly (“State
Legislator”)--specifically a Member of Chamber A--
with regard to serving on the Board of Directors of a
charitable \[type of private entity\] (“B”) and/or soliciting
private donors to contribute to such B; and if the State
Legislator would be permitted to solicit private donors
to contribute to the B, whether he may do so:.
19-004: Whether Members of the A appointed by B would be
considered “public officials” 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
ORDERS (Ethics):
1746 (Princes): Re: This is a final adjudication of the State Ethics
Commission
1747 (Barker): Re: This is a final adjudication of the State Ethics
Commission
1748 (Skinner): Re: This is a final adjudication of the State Ethics
Commission
1749 (Wells): Re: This is a final adjudication of the State Ethics
Commission
ORDERS (SFI):
617-S (Russitano): 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.
618-S (Quarcoo): 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.
619-S (Sellars): 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.
620-S (Criswell): 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.
621-S (Crumby): 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.
622-S (Greene): 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.
623-S (Moore): 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.
624-S (Valerio): 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
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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.
625-S (Vogelgesang): 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.
626-S (Gordon): 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.
627-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
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 S-Orders):
137-SL (Syndiko Invest.): 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.”
138-SL (Tabor Services): 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.”
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