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
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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
\[Position\].
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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
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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.
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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.
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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.”
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