HomeMy WebLinkAbout1st Quarter 2024
INDEX
State Ethics Commission
Quarterly Rulings for First Quarter 2024
ADVICES (Ethics):
24-500 (Logsdon): 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 borough council member with
regard to the individual’s company performing IPMC,
building code, and zoning services for the borough.
24-501 : 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
person serving as a Member of the \[Governing Body\]
of the \[Political Subdivision\], who in a private capacity
is a Member of the Board of Directors of a non-profit
corporation named the \[Entity\], with regard to voting
on: (1) a \[Political Subdivision\] budget which includes
a line item for a \[Type of Payment\] in \[a Certain
Amount\] to the \[Entity\]; or (2) a bill list which includes
the \[Type of Payment\] in \[the Certain Amount\] to the
\[Entity\].
24-502 (Mozer): 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 city
mayor would have a conflict of interest with regard to
participating in matters before the city pertaining to a
non-profit organization that has been provided with
city-owned property for the purpose of building low
income based homes, if the individual, in his private
capacity, would lease office and storage space in a
building which he owns to the non-profit organization.
24-503 (Wills): Re: Whether an individual serving as a borough
council member would have a conflict of interest
pursuant to Section 1103(a) of the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1103(a), with regard to voting on the quarterly
dispersal of borough funds allocated to a fire
company for fire protection, suppression, and rescue
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services, where the individual serves as a part-time
volunteer firefighter with the fire company.
24-504 (Fye): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would prohibit an individual serving as a Member of
Council for Loganton Borough from simultaneously
serving as the Secretary of the Board of the Loganton
Sewer Authority.
24-505 (Hill): Re: Whether, as the newly elected Controller for
Lower Saucon Township (“Township”), you would
have a conflict of interest under Section 1103(a) of
the Public Official and Employee Ethics Act (“Ethics
Act”), 65 Pa.C.S. § 1103(a), with regard to performing
the duties of your public position, when: (1) in a
private capacity, you are a Member of the Board of
Directors of Citizens for Responsible Development-
LST, an organization which opposes the proposed
expansion of a landfill located in the Township; (2) the
Township is currently a defendant in four legal actions
filed in court by residents opposed to expanding the
landfill; (3) Citizens for Responsible Development-
LST provides funds to help pay the legal expenses of
the residents who are involved in the four legal
actions filed against the Township; and (4) you live
approximately three miles away from the landfill, and
you would not be affected personally by an expansion
of the landfill.
24-506-(Domenick): Re: Whether, following termination of your service
as a County Commissioner for Lackawanna County,
Pennsylvania, the post-employment restrictions of
Section 1103(g) of the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(g), would
prohibit you from: (1) practicing law and appearing
before Judges of the Lackawanna County Court of
Common Pleas and Magisterial District Judges of the
Magisterial Districts within Lackawanna County; or (2)
being employed as an attorney with the Lackawanna
County Public Defender’s Office or in some other
capacity with Lackawanna County.
24-507 (McGhee): Re: Whether Section 1103(a) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1103(a), pertaining to conflict of interest, would
prohibit an individual who has been elected as a
township supervisor from purchasing scrap metal
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from the township for his scrap company to process
and sell to steel mills.
24-508: 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 of \[Governmental
Body 1\] with regard to appearing before
\[Governmental Body 1\] or \[Governmental Body 2\] at a
public meeting in his private capacity as a citizen and
speaking or providing written comment with respect to
the merits of \[Certain Projects\] that abut properties
owned in part by his \[Immediate Family Member 1\] or
\[Immediate Family Member 2\].
24-509 (Shelhammer): 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 Board Member of the North
and South Shenango Joint Municipal Authority
(“Authority”), who in his private capacity, owns and
operates Shellhammer Brothers Excavating &
Trucking, Inc. (“Company”), which provides services
and products to the Authority for compensation.
24-510 (Lund): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon you with regard to
performing work for your new employer, a national
architect/engineering consulting firm, following
termination of your employment as a Deputy General
Manager (Operations and EM&C) with the
Southeastern Pennsylvania Transportation Authority
(“SEPTA”).
24-511 (Chapman): 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 following your service as the Acting Deputy
Secretary for Information Technology for the
Governor’s Office from November 11, 2022, through
July 22, 2023, and as the Senior Advisor to the Chief
Information Officer of the Office for Information
Technology (“OIT”) within the Governor’s Office of
Administration (“OA”) from July 23, 2023, through
January 12, 2024.
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24-512 (Eckerd): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose restrictions upon you with regard to
performing work for a consultant following termination
of your employment as a Transportation Construction
Manager 2 with the Pennsylvania Department of
Transportation (“PennDOT”).
24-513: 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 a \[Political Subdivision Governing Body\]
with regard to participating in meetings or votes of the
\[Political Subdivision Governing Body\] pertaining to
the final \[Type of Plan\] for a \[Commercial
Establishment\] or \[Certain Reviews\], \[Certain
Approvals\], and other matters involving the final \[Type
of Plan\] for the \[Commercial Establishment\], where
the \[Commercial Establishment\] would be built in
close proximity to the residence of the \[Political
Subdivision Governing Body Member\] and her
\[Relative\] and the \[Political Subdivision Governing
Body Member’s\] \[Relative\] participated in litigation
that unsuccessfully opposed the \[Commercial
Establishment\] project.
24-514: (Mustachio): Re: Whether a borough council member would
have a conflict of interest pursuant to Section 1103(a)
of the Public Official and Employee Ethics Act (“Ethics
Act”), 65 Pa.C.S. § 1103(a), with regard to making or
seconding a motion and voting to appoint his son as
the borough fire chief, where his son would receive
compensation in the amount of $50 per month for
serving as the borough fire chief.
24-515 (Wolski): 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
township supervisor who owns two part-time short-
term rentals in the township with regard to voting on a
proposed resolution that would cap the number of
short-term rental permits issued by the township at
ten percent of the number of residences in the
township.
24-516: 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
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individual serving as a Member of \[Governmental
Body 1\], who also serves as a Member and \[Officer\]
of \[Governmental Body 2\], with regard to participating
in \[Governmental Body 1’s\] review of the \[Type of
Plan\] for a project (“the Project”) that would abut the
individual’s property.
24-517 (Colyer): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101, et seq.,
would impose prohibitions or restrictions upon you
with regard to being appointed as a Member of the
Pocono Mountain Regional Police Commission,
where in a private capacity, you own a local towing
company that handles calls for towing and roadside
assistance services from police officers of the Pocono
Mountain Regional Police Department.
24-518 (Epstein): Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would prohibit an individual serving as a School
Director for Central Dauphin School District from
simultaneously serving as a Member of the Board of
the Dauphin County Authority.
24-519 (Foster Johnson): 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
township supervisor would have a conflict of interest
with regard to performing the duties of his public
position, where in a private capacity, the individual is
employed with one of the township’s fuel vendors.
24-520 (Reasinger): 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 city mayor with regard to
performing the duties of his public position, where: (1)
in a private capacity, the individual is the owner of a
commercial printing company that prints the real
estate tax bills for the county in which the city is
located, provides printing services to businesses
which supply the city with other types of services, and
has provided printing services to the city in the past;
and (2) the individual’s wife operates a non-profit
501(c)(3) corporation that rescues cats in the city and
is budgeted to receive a donation from the city.
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OPINIONS (Ethics):
24-001: Re: Whether the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.,
would impose prohibitions or restrictions upon the
\[Pennsylvania Officer\] with regard to accepting a paid
position on the governing board of a \[Type of
Company\].
ORDERS (Ethics):
1829 (Capobianco): Re: This is a final adjudication of the State Ethics
Commission
1830 (Powers): Re: This is a final adjudication of the State Ethics
Commission
1831 (McDevitt): Re: This is a final adjudication of the State Ethics
Commission
S-ORDERS (Ethics):
779-S (Boris): Re: This is a final adjudication of the Pennsylvania
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.
780-S (Porter): Re: This is a final adjudication of the Pennsylvania
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.
781-S (Bartha): Re: This is a final adjudication of the Pennsylvania
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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S-ORDERS (Lobby):
165-SL:(Urbane Devel.): 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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