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.
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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.
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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.
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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
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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
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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
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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
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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."
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