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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 - 1 - 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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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. - 6 - 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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