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HomeMy WebLinkAbout4th Qtr 02 Index.doc INDEX State Ethics Commission Quarterly Rulings for Fourth Quarter 2002 ADVICES (Ethics): 02-595-CL (Jones): 02-597-CL (Gould): 02-601 (Carmody): 02-602: 02-603 (Rattigan): 02-604 (Colbert): 02-605 (McCain): 02-606 (Bruening): Conflict; Public Official/Public Employee; Borough Council Member; Immediate Family Member; Participation by Borough Council Member or Immediate Family Member in Borough Sidewalk and Curb Subsidization/Reimbursement Program; Vote; Clarification of Advice; Advice of Counsel 02-595. Conflict, Research Analyst; House of Representatives; General Assembly; Board Member; Nonprofit Corporation; Non-compensated; Clarification; Advice of Counsel, No. 02-597. Conflict; Public Official/Employee; Borough; Council Members; Reimbursement By The Borough Of Legal Fees Incurred In Defending Criminal Charges; Official Conduct. Conflict; Public Official/Employee; A; B; Dating, Accepting an Engagement Ring From, or Marrying a developer in B; Immediate Family; Spouse Simultaneous Service, Authority Member and Chief Inspector for the Authority. Former Public Employee; Section 1103(g); Program Coordinator, Dirt & Gravel Road Pollution Prevention Program; Program Analyst 3; Department of Environmental Protection; Bureau of Water Quality Protection; Division of Conservation Districts and Nutrient Management; Assignment to State Conservation Commission. Simultaneous Service, School District Secretary who Audits Tax Collector Reports and Township Tax Collector. Conflict; Public Official; Member; Borough Council; Business With Which Associated; Business Relationship; Client; Homeowners Association. -1- 02-607: Former Public Official/Public Employee; Section 1103(g); Executive-Level State Employee; Section 1103(i); A; B. 02-608 (Flickinger): Simultaneous Service; School Director and School District Employee; Conflict; Public Official/Public Employee; Volunteer. 02-609: Former Public Employee; Section 1103(g); A; B. 02-610: Conflict; Public Official/Employee; School Director; School District; Business With Which Associated; Real Estate Company; Vote. 02-611: Conflict; Public Official/Public Employee; Member; General Assembly; Attorney; Law Firm; Clients; Business With Which Associated. 02-612 (griggs): Public Official; Conflict of Interest; Chairman; Township Planning Commission; Advisory Body. 02-613 (Saffron): Conflict; Public Official/Employee; School Director; Business With Which Associated; Tax Collection Firm; Contract. 02-614 (Dorn): Former Public Employee; Section 1103(g); Technology Education Advisor 2; Pennsylvania Department of Education. 02-615: Conflict; Public Official/Employee; Township Supervisor; Immediate Family; Son; Business With Which Associated; Civil Engineering and Land Planning Firm; Business Client; Conditional Use Application. 02-616 (Paston): Conflict; Public Official/Public Employee; School Director; Private Employment or Business; Business With Which Associated; Contract; Vote. 02-617 (Lutz): Conflict; Public Official/Employee; Borough Council Member; Immediate Family; Appointment of Daughter as Assistant Borough Treasurer; Contract. 02-618 (Hornberger): Conflict; Public Official/Employee; County; Controller; Purchase of Real Estate at County Tax Sale; Contract. -2- 02-619 (Tikos): Constable and Simultaneous Service, Deputy Republican Committeeman. 02-620: Former Public Official/Public Employee; Section 1103(g); Executive-Level State Employee; Section 1103(i); Commonwealth Executive-Level State Employee A; Commonwealth Department B. 02-621 (Starr): Conflict; Public Official/Employee; Township Supervisor; Immediate Family; Spouse; Business With Which Associated; Business Client/Customer; Vote. 02-622 (Ditter): Conflict; Public Official/Employee; Township Commissioner; Member, Revitalization Oversight Committee; Advisory Board; Realtor; Property Owner; De Minimis Exclusion; Class/Subclass Exclusion. 02-623 (Lomire): Conflict; Public Official/Employee; Chairman; Township Board of Supervisors; Business With Which Associated; Privatized Cable Television; Ordinance Regulating Franchised Cable Television; Business Client; Business Competitor; Vote. 02-624: Former Public Official; Section 1103(g); Member of the House of Representatives; Commonwealth of Pennsylvania. 02-625: Former Public Official/Public Employee; Section 1103(g); Executive-Level State Employee; Section 1103(i); A; B; C. 02-626 (Bucho): Conflict; Public Official/Employee; Borough; Chief of Police; Insurance; Private Pecuniary Benefit/Detriment; Monetary Payment In Lieu of Insurance Benefits. OPINIONS (Ethics): 02-009 (McCain): Simultaneous Service; School District Secretary who Audits Tax Collector Reports and Township Tax Collector; Appeal; Advice of Counsel. -3- ORDERS (Ethics): 156-S-R (Robinson): 1243 (Keeney): 1244 (Wright): 1245 (Sullivan): The State Ethics Commission received a request for reconsideration on September 26, 2002, with respect to Order 156-S issued on September 25, 2002. Pursuant to §9 2.38(b), (c)/21.29(b), (e) of the regulations of the Commission, the discretion of the State Ethics Commission to grant reconsideration is properly invoked as follows: This is a final adjudication of the State Ethics Commission as to a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S.§401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. 91101 et seq., This is a final adjudication of the State Ethics Commission Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The record is complete. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified -4- 1246 (Livolsi): 1247 (Christ): as an "Investigative Complaint." An Answer was filed and a hearing was waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was not filed and a hearing was deemed waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of -5- 1248 (Conoway): 1249 (Grandel): 1250 (Scott): Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was not filed and a hearing was waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division -6- 1251 (Heck): 1251-R (Heck): 1252 (Kurtz): of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S.§401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. 91101 et seq., by the above-named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was held. The record is complete. This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was held. The record is complete. The State Ethics Commission received a request for reconsideration on October 28, 2002, with respect to Order No. 1251 issued on September 25, 2002. Pursuant to Section 21.29 of the Regulations of the Commission, the discretion of the State Ethics Commission to grant reconsideration is properly invoked: This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the commencement of its investigation, the Investigative -7- 1253 (Streams): 1254: Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was not filed and a hearing was deemed waived held. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. This is a preliminary determination of the State Ethics Commission as to wrongful use of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., which Acts are hereinafter referred to as the "Ethics Act." -8-