HomeMy WebLinkAbout4th Qtr 2019
INDEX
State Ethics Commission
Quarterly Rulings for Fourth Quarter 2020
ADVICES (Ethics):
18-560 (Rizzo): 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 Manager following termination
of employment with the Pennsylvania Department of
Transportation (“PennDOT”).
20-536 (Leeper): 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 School Director for the Indiana
Area School District (“School District”), who is
employed as a Speech-Language Pathologist with
Indiana University of Pennsylvania (“IUP”), with
regard to working on a speech-language pathology
research study conducted in collaboration between
the School District and IUP, where: (a) such research
study would examine various aspects of speech-
language services/treatment within the School
District; (b) the individual would not receive any pay or
monetary benefit for working on such research study;
and (c) the individual might be credited by name for
working on/being part of such research study.
20-537 (Avolio): 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 and Chairman of the
Board of the Municipal Authority of Westmoreland
County (“Municipal Authority”) with regard to
participating in vote(s) of the Municipal Authority
Board pertaining to projects or other matters of/before
the Municipal Authority if his wife would become
either a subcontractor to or a part-time employee of
the Municipal Authority’s engineering firm.
20-538 (Martin): 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
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township supervisor with regard to voting on legal
issues or other matters involving his stepdaughter.
.
20-539: 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 employment with
Commonwealth Agency B.
20-540 (Baker): 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 authored and published a book entitled
“The Pennsylvania Constitution: The United States
Constitution, The Declaration of Independence &
Other Facts About the ‘Keystone State’” with regard to
continuing to offer such book for sale if the individual
would be elected as a Pennsylvania State Senator.
20-541 (Novad): 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
Secretary/Treasurer for Bessemer Borough with
regard to simultaneously serving as a Member of the
Board of the Bessemer Municipal Authority.
20-542 (Korman): Re: Whether, in your former capacity as a Member
of the Pennsylvania Commission for the United States
Semiquincentennial (which commission is also
known—and is hereinafter referred to—as
America250PA), you 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.
20-543: Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon employment of the A
of Unit B within Commonwealth Agency C following
termination of Commonwealth employment.
20-544 (Miranda): 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 Warden for the City of Philadelphia
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Department of Prisons (“City Department of Prisons”)
following termination of employment with the City
Department of Prisons.
20-545: Re: Whether, for purposes of applying the post-
termination restrictions of Section 1103(g) of the
Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1103(g), the governmental body with
which a certain former A for the Political Subdivision B
C (the “C”) would be deemed to have been
associated would be limited to the C or would extend
beyond the C to include additional Political
Subdivision B \[types of governmental bodies\], if the
former position in question did not include
employment by or appointment to any such
governmental bodies outside of the C itself.
20-546: 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 A and B of a \[type of political
subdivision\] C with regard to voting on a land
development plan or other land development
submission(s) involving a developer’s proposed
development, where the individual’s \[type of relative\]
owns a property that the developer would purchase
and develop as part of the proposed development.
20-547 (Hasler): 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 and chairman of a
township board of supervisors with regard to
participating in discussions or votes of the township
board of supervisors on budget allocations, a tax to
generate revenue to pay for fire services, or other
matters pertaining to a volunteer fire company, where
the individual is: (1) a member and the fire chief of the
volunteer fire company; and (2) an appointed fire
marshal.
20-548 (Housholder): 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 on a three-member township board
of supervisors with regard to voting to break a tie vote
of the other two township supervisors on the
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appointment of the individual’s wife as the township
secretary.
20-549: Re: Whether, as an A for a B of the C, 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 Commonwealth
employment, the restrictions of Section 1103(g) of the
Ethics Act would be applicable to you.
20-550 (Michael): 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 retired from employment with the
Pennsylvania Department of Transportation
(“PennDOT”) on January 24, 2020, with regard to
being appointed to the State Transportation
Commission, where the individual would not accept
any compensation in relation to such appointment
until after January 24, 2021.
20-551 (Miller): 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 township commissioner with
regard to: (1) seeking election as a constable within
the township while also seeking reelection as a
township commissioner; or (2) simultaneously serving
as a township commissioner and a constable elected
within the township.
20-552: 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 employment with
Commonwealth Agency B.
20-553 (Cottle): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon an individual who was
employed as an Engineering, Scientific, and
Technical Intern with the Pennsylvania Department of
Transportation (“PennDOT”) from May 2019 to August
2019 and from June 2020 through August 2020 with
regard to accepting an internship with a firm known as
“Dewberry” for the summer of 2021.
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OPINIONS (Ethics):
20-001: Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon \[name
and title\] (the “Public Official”), with regard to having a
non-fiction book published regarding his personal life
and career, where: (1) the Public Official would
receive payment(s)/compensation for having the book
published, including an advance and potential
royalties based on book sales; (2) portions of the
book would encompass the Public Official’s
experiences as a public official; (3) the book would
include chapters discussing the Public Official’s
service in public office including issues that the Public
Official faces now; (4) the book would relate public
policy positions the Public Official held during his
career in the private sector to present controversies in
which he has been involved; and (5) the book would
include decisions the Public Official has made while in
office.
20-002 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 General Assembly
(“State Legislator”)--specifically a Member of
Chamber A--with regard to serving on the Board of
Directors of a for-profit \[type of private entity\] (“Private
Entity”) and participating in its operations; and if the
State Legislator would be permitted to serve on the
Board of Directors of the Private Entity and participate
in its operations, whether it would be permissible for:
20-003 (Valentine): Re: Whether an individual who is a Pennsylvania
Certified Sewage Enforcement Officer (“SEO”), and
who previously provided SEO services to three
particular townships (the “Townships”) in
Pennsylvania as an employee of a private
engineering firm (“Firm”) with which he is no longer
associated, would be considered a “former public
official” of the Townships, and therefore subject to the
restrictions of Section 1103(g) of the Public Official
and Employee Ethics Act, 65 Pa.C.S. § 1103(g),
where: (1) each Township appointed the Firm as
SEO, with one Township naming the individual as “the
specific officer” in its approved motion; (2) an SEO is
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an “official” of the local agency(ies) served, 35 P.S. §
750.2; and (3) by law, where a local agency—such as
a township—contracts with a company or corporation
for SEO services, it has a duty to adopt by resolution
a list of the individual SEOs employed by the
company or corporation to perform SEO services, 35
P.S. § 750.8(b)(2.1).
OPINIONS (Lobby):
20-1001 (Simpson): Re: Whether the Pennsylvania Bar Association’s
provision of continuing legal education (“CLE”) credit
to a public official/public employee for the teaching of
a CLE course would be reportable on the
Pennsylvania Bar Association’s quarterly expense
report filed pursuant to Pennsylvania’s lobbying
disclosure law (the “Lobbying Disclosure Law”), 65
Pa.C.S. § 13A01 et seq.
ORDERS (Ethics):
1776 (August): Re: This is a final adjudication of the State Ethics
Commission
1777 (Wilkinson): Re: This is a final adjudication of the State Ethics
Commission
ORDERS (SFI):
666-S (Geiger): 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.
667-S (Hoppes-Gorosh): 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.
668-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
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1105 of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et seq.\\
669-S (Reed): 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.\\
670-S (Rinier): 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.\\
671-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.\\
672-S (Willis): 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.\\
673-S (Curcie): 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.\\
674-S (Baines): 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.\\
675-S (Jefferson): 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.\\
676-S (Staton): 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.\\
677-S (Howze): 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 (Lobby):
147-SL (P.H.C.O.): 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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