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HomeMy WebLinkAbout4th Qtr 2022 INDEX State Ethics Commission Quarterly Rulings for Fourth Quarter 2022 ADVICES (Ethics): 22-538: Re: Based upon the submitted facts, would the issuance of a severance payment by an Employer to an Employee constitute a “contingent and severance payment” prohibited by Section 1103(e) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(e)? 22-540 (Domenick): 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 County Commissioner for Lackawanna County (the “County”), who in a private capacity is an attorney, with regard to accepting a referral fee from a law firm (the “Firm”), where: (1) (1) after being elected as a County Commissioner in 2019, the individual referred a client’s (the “Client”) personal injury case to the Firm; (2) the Client’s personal injury case arose from injuries sustained by the Client while a passenger on a bus; (3) in 2022, the Client contacted the Firm for representation in a personal injury case against the Housing Authority of the County of Lackawanna (the “County Housing Authority”) for injuries sustained while in a County Housing Authority apartment; and (4) because the Client contacted the Firm for representation in the County Housing Authority case due to the Firm’s representation of the Client in the personal injury case that the individual referred to the Firm, the Firm considers the County Housing Authority case to be a referral 22-541 (Milnes): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon you with regard to post- public employment following your service as an Assistant Highway District Engineer with the Pennsylvania Department of Transportation (“PennDOT”). 22-542 (Burrs): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon you with regard to post- public employment following your service as an - 1 - Administrative Officer 2, CDL Compliance Manager with the Pennsylvania Department of Transportation (“PennDOT”). 22-543 (Krafczyk): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon you with regard to working for a consultant engineering firm following your service as a Senior Assistant District Executive for Transportation with the Pennsylvania Department of Transportation (“PennDOT”).. 22-544-(Hask): Re: Would the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., prohibit an individual serving as a Member and Chairman of the Board of the Nittany Valley Joint Recreation Authority (“Authority”) from loaning the Authority funds with no interest due in order to assist the Authority with paying for design/engineering services while it awaits the receipt of grants funds which have been awarded to it by the Commonwealth? 22-545-(Hetrick) Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon you with regard to post- public employment following your service as an Administrative Officer 2, CDL Compliance Manager with the Pennsylvania Department of Transportation (“PennDOT”). 22-546-(Jacob): 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 employed as a Senior Enterprise Applications Administrator with the City of Pittsburgh (“City”), who will soon be leaving his City employment to begin employment as a Program Manager, Asset Management with the Pittsburgh Water and Sewer Authority, with regard to accepting royalties from sales of a book about the City steps, where the individual’s involvement in the authorship of the book would include advising on maps for the book and providing photographs for the book. 22-547: Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon you with regard to working in the private sector or serving as a Member of the \[Governmental Body\] of \[Agency 1\] following your service as \[Position\]. - 2 - 22-548-CL: Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose restrictions upon you following termination of your employment as a Drug and Alcohol Program Representative Supervisor with the Pennsylvania Department of Drug and Alcohol Programs (“Department of Drug and Alcohol Programs”). 22-549-(Deger): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon you with regard to post- public employment following your service as District Engineer with the Chester County Conservation District (“CCCD”). 22-550-(Smith): 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 Administrative Officer 3 for the Pennsylvania Department of Drug and Alcohol Programs (“Department of Drug and Alcohol Programs”) with regard to performing contracted freelance work that would involve developing eLearning modules for: (1) a business which will be submitting a proposal for a training contract for workforce development through the Pennsylvania Department of Health; or (2) other businesses. 22-551-(Yeager): 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 the Business Manager of the Bradford Sanitary Authority (“Sanitary Authority”), who is also a Member of the Board of Trustees and the Treasurer of the Bradford Area Public Library, with regard to seeking election as a Member of Council for the City of Bradford (“City”) or as the City Mayor. 22-552: Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon you with regard to working for \[THE FIRM\], which does business with the \[COMMONWEALTH AGENCY\], following your service as the \[POSITION\] of the \[COMMONWEALTH AGENCY\]. 22-553-(Foreman): Re: Whether Section 1103(g) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(g), would impose any prohibitions or restrictions upon you - 3 - following your retirement from your employment as a Local Government Policy Specialist with the Pennsylvania Department of Community and Economic Development (“DCED”) and your subsequent service with DCED as an annuitant, carrying out special projects and training your successor. 22-554-(Reimer): 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 Vice President of Council for Leesport Borough (“Borough”), who in a private capacity is a small business owner, with regard to advertising his business in the Borough’s quarterly, advertiser-supported newsletter or sponsoring in full or in part events or activities in the Borough such as a summer playground program, a book exchange box, or holiday activities. 22-555-(Spadoni): 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 and Chairperson of Northampton County Council (“County Council”), who in a private capacity is employed with St. Luke’s Hospital, would have a conflict of interest with regard to participating in discussions or votes of County Council on a proposed contract between Northampton County (“County”) and Integrity Health for the establishment of a Northampton Partnership Health Center to provide healthcare services to County employees. 22-556-(Maines): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon you with regard to working for the EADS Group, Inc. as a Construction Inspector following your service as a Transportation Construction Manager 1 with the Pennsylvania Department of Transportation (“PennDOT”). 22-557-(Richard): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose restrictions upon you following termination of your employment with the Pennsylvania Department of Human Services (“Department of Human Services”) as the Chief of Clinical Services, MH at Warren State Hospital. - 4 - 22-558-(Maldet): Re: Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose any prohibitions or restrictions upon you with regard to performing job duties for an engineering firm following termination of your employment as a Civil Engineer Trainee with the Pennsylvania Department of Transportation (“PennDOT”). 22-559-(McDermott): 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’s husband or a real estate appraisal business owned by the individual and her husband with regard to performing real estate appraisals for the Luzerne County Flood Protection Authority, where the individual is a Member of Luzerne County Council. ORDERS (Ethics): 1811-(Rajput): Re: This is a final adjudication of the State Ethics Commission 1812-(Benton): Re: This is a final adjudication of the State Ethics Commission 1813-(Turturice): Re: This is a final adjudication of the State Ethics Commission 1813- (Turturice)(Amend): Re: This is a final adjudication of the State Ethics Commission ORDERS (SFI): 743-S (Brentley): 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. 744-S (Pentecost): 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. - 5 - 745-S (Rosenblat): 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. 746-S (Rivera): 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. 747-S (Lee): 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. 748-S (Bollinger): 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): 155-SL (Pub Fin. Mgmt): Re: This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of 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.” - 6 -