HomeMy WebLinkAbout4th Qtr 2019
INDEX
State Ethics Commission
Quarterly Rulings for Fourth Quarter 2019
ADVICES (Ethics):
19-546 (Franco): 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
District Utility Administrator following termination of
employment with the Pennsylvania Department of
Transportation (“PennDOT”).
19-547 (Howell): 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 Manager in the Investment Office of the Public
School Employees’ Retirement System (“PSERS”)
following termination of employment with PSERS.
19-548 (Ceraul): 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
newly-appointed position as a township supervisor,
where: (1) in a private capacity, the individual has a
business that is a fuel provider; (2) the township road
crew uses the business to fuel trucks and equipment
during emergencies and snowstorms; and (3) the
township might wish to obtain diesel fuel, gasoline,
propane, or other products from the business while
the individual would be serving as a township
supervisor.
19-549 (Camp III): 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
county commissioner with regard to serving as a
member of the board of directors of a local company.
.
19-550 (Snyder): 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 mayor with regard to
receiving compensation for assisting with plowing
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snow in the borough on an as-needed basis either as
a borough employee or in a private capacity.
19-551 (Feigles-Kaar): 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”).
19-552 (Halle): 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: (1) a School Director for the
Butler Area School District (“School District”); (2) a
Member of the Butler County Area Vocational
Technical School (“Vocational Technical School”)
Joint Operating Committee; and (3) a Member of the
Board of Midwestern Intermediate Unit IV
(“Intermediate Unit IV”), who in a private capacity is
the founder and chief executive officer of a 501(c)(3)
corporation that provides programs which serve
children from multiple school districts, with regard to:
(a) the corporation entering into cooperative
programming agreements with the School District or
other school districts, the Vocational Technical
School, or Intermediate Unit IV; or (b) the corporation
purchasing or accepting as a donation building(s)
owned by the School District or Intermediate Unit IV.
19-553 (Means): 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 a
Member of the Board of Commissioners of Collier
Township (“Township”) would have a conflict of
interest with regard to participating in negotiations,
deliberations, votes, or other actions of the Township
Board of Commissioners with regard to the potential
dissolution of the Collier Township Municipal Authority
(“Municipal Authority”), where: (1) the Municipal
Authority Board consists of five Members who are
appointed by the Township for staggered five-year
terms; (2) Members of the Municipal Authority Board
are compensated $100.00 per month for their service;
(3) the individual is currently serving as a Member of
the Municipal Authority Board; (4) the individual’s term
as a Member of the Municipal Authority Board will
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expire in January 2020; and (5) the terms of the other
four Members of the Municipal Authority Board are set
to expire over the course of the following four years.
19-554 (Staudt, P.E.): 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 District Engineer following
termination of employment with the Pennsylvania
Department of Transportation (“PennDOT”).
19-555 (Georgeadis): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon the
Berks County Treasurer with regard to participating as
a Member of the Berks County Retirement Board in
matters pertaining to a Request for Proposal that
would seek proposals from various selected financial
services and advisory companies, including The
Monteverde Group, LLC, to manage the Berks County
Employees’ Retirement Trust Fund, where the
daughter of the Berks County Treasurer is married to
an employee of The Monteverde Group, LLC.
19-556 (Stevens): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon an individual serving
as a member of a borough council with regard to
accepting the employment position of borough
manager following the expiration of the individual’s
current term of office as a borough council member.
OPINIONS (Ethics):
19-008 (Palm): Re: Whether a Member of the Pennsylvania Early
Learning Council 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.
ORDERS (Ethics):
1759 (Gindesperger): Re: This is a final adjudication of the State Ethics
Commission
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1760 (Kocsis): Re: This is a final adjudication of the State Ethics
Commission
1761 (Renaldo): Re: This is a final adjudication of the State Ethics
Commission
1762 (Conti): Re: This is a final adjudication of the State Ethics
Commission
1763 (Tarlecki): Re: This is a final adjudication of the State Ethics
Commission
ORDERS (SFI):
631-S (Randleman): Re: The Commission decision identified as Order
No. 631-S was vacated.
632-S (Hoover): 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.
633-S (Jackson): 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.
634-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.
635-S (Smith): 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.
636-S (Knepp): 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.
637-S (Shirk): 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.
638-S (Daguio): 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.
639-S (Welter): 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.
640-S (Sullivan): 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.
641-S (Parker-Sullivan): 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.
642-S (Jones): 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.
643-S (Ewald): Re: This is a final adjudication of the State Ethics
Commission as to the alleged delinquency and/or
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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.
644-S (Doucette): 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.
645-S (Payton): 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.
646-S (Bushnell): 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.
647-S (Jack): 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.
648-S (Mosley): 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.
649-S (Pabon): 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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ORDERS (Lobbying S-Orders):
143-SL (Credit Suisse): 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.”
144-SL (A.A.S.P.PA): 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.”
GAMING DETERMINATION OF THE COMMISSION:
16-2001 (Small): Re: Whether the duties/authority of an individual
employed as a Casino Compliance Representative for
the Pennsylvania Gaming Control Board (“Board”)
would cause the individual to be subject to the
restrictions of Section 1201(h)(13) or Section 1512(a),
(a.1), or (a.2) of the Gaming Act, 4 Pa.C.S. §§
1201(h)(13), 1512(a), (a.1), (a.2).
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