INDEX

State Ethics Commission

Quarterly Rulings for Fourth Quarter 2007

ADVICES (Ethics):

06-570-S (Hammond):Re:Whether, pursuant to Section 1103(g) of Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(g), an Environmental Planner 2 who would terminate employment with the Commonwealth of Pennsylvania Department of Transportation (“PennDOT”), Engineering District 9-0 (“District 9-0”), to work in the private sector for or as a consultant, would be permitted to work on and bill hours with respect to projects for every entity of PennDOT, including District 9-0, as a result of having moved from the Design Unit to the Maintenance Division of District 9-0 prior to termination of Commonwealth employment.

07-586 (Jennings):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any prohibitions or restrictions upon a county commissioner relative to operating as a licensed bail bondsman.

07-587 (Santavicca):Re:Whether an incumbent elected borough real estate tax collector who collects taxes for the borough as well as the local school district would be required by thePublic Official and Employee Ethics Act (the "Ethics Act"), 65 Pa.C.S. § 1101 etseq., to file Statements of Financial Interests with only the borough or with both the borough and the school district.

07-588 (Bowers):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any prohibitions or restrictions upon a school district superintendent with regard to the school district contracting with an architectural firm that employs her husband.

07-589 (Giangrieco):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any prohibitions or restrictions upon a county commissioner, who, in his private capacity, is an attorney with a firm that practices law before the county’s court of common pleas.

07-590 (Hurwitz):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any prohibitions or restrictions upon a borough council member with regard to simultaneously serving as the administrative secretary for a regional police commission of which the borough is a member.

07-591:Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any prohibitions or restrictions upon an A, whose [immediate family member] owns a B in the [political subdivision], with regard to voting on a proposed B tax for the [political subdivision].

07-592 (Wiest.):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any prohibitions or restrictions upon the chairman of a five-member authority board with regard to voting in favor of a motion that would create a salaried employment position with the authority for the chairman, where two board members would vote in favor of the motion and two board members would abstain from voting for reason(s) other than a conflict of interest under the Ethics Act.

07-593 (Munley):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any restrictions upon employment of a Transportation Construction Inspector following termination of service with the Commonwealth of Pennsylvania, Department of Transportation (“PennDOT”).

07-594 (Oberdick):Re:Whether, as Members of the Accountability, Conduct and Ethics Commission of Allegheny County, you and another individual who has authorized your request would be considered "public officials" subject to the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 etseq., and the Regulations of the State Ethics Commission, and particularly, the requirements for filing Statements of Financial Interests..

07-595:Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any restrictions upon a former A for Commonwealth Agency B with regard to being identified by name, title, or state C number on documents submitted to Commonwealth Agency B by: (1) the former public employee himself; (2) private property owners for whom the former public employee would perform D services; or (3) a private Q for which the former public employee would perform D services as a subcontractor on a Commonwealth Agency B project.

07-596 (Accurti):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any restrictions upon employment of a Transportation Planning Manager following termination of service with the Commonwealth of Pennsylvania, Department of Transportation (“PennDOT”).

07-597:Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any prohibitions or restrictions upon an A who is employed as a B and C of a personal investment division of a bank’s financial services unit, with regard to voting to appoint either of two law firms as solicitor for the [political subdivision] where a different division of the financial services unit: (1) is currently providing institutional investment services to one of the law firms; and (2) is actively seeking to provide institutional investment services to the other law firm.

07-598 (Aulisio):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would permit a dry cleaning business to contract with a school district where the spouse of the owner of the dry cleaning business is a school director for the district, and if so, whether the restrictions of Section 1103(f) of the Ethics Act, pertaining to contracting, would apply to such contract(s).

07-599 (Germanio):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would restrict the future lobbying-related activities of an individual who, prior to retiring from Commonwealth employment in November 2006, served as Legal Counsel to the Minority Leader of the Pennsylvania House of Representatives (“House”).

07-600 (O’Neill):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would impose any prohibitions or restrictions upon the Executive Director of the Center for Trade Development within the Commonwealth of Pennsylvania Department of Community and Economic Development (“DCED”) with regard to participating in matters involving a grant from the Center for Trade Development to SEDA Council of Governments (“SEDA-COG”), a regional multi-county developmental agency, where the Executive Director, in his private capacity, would be pursuing a loan through SEDA-COG under a loan program administered by the U.S. Small Business Administration.

07-601 (Genard):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any prohibitions or restrictions upon a volunteer member of a municipal authority board, who also serves as a part-time employee of the municipal authority, with regard to simultaneously serving as a member of borough council.

07-602 (Lightner):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any prohibitions or restrictions upon a newly-elected township supervisor, whose wife currently serves as the township secretary/treasurer, as to: (1) participating in the annual appointment of the township secretary/treasurer; (2) participating in the appointment of the Administrative Superintendent, who oversees the township secretary/treasurer; (3) participating in matters related to the township secretary/treasurer’s position; (4) participating in matters related to the township’s budget, benefit plans and non-uniform pension plan; or (5) voting to appoint himself as chairman of the township board of supervisors or as the township public safety superintendent.

07-603 (Lightner):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any prohibitions or restrictions upon a township secretary/treasurer, whose husband is a newly-elected township supervisor, with regard to: (1) co-signing township payroll checks payable to her husband; (2) preparing the minutes for meetings of the board of supervisors; (3) administering the oath of office to her husband in her capacity as a Notary Public; or (4) listing checks in a certain manner for approval by the supervisors at board meetings.

07-604 (Corcoran):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any prohibitions or restrictions upon a county coroner with regard to simultaneously serving as a school director.

07-605 (Pundt):Re:Whether as a Management Analyst 2 with the Commonwealth of Pennsylvania, Department of Transportation (“PennDOT”), you would be considered a “public employee” subject to the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., and the Regulations of the State Ethics Commission, and upon leaving Commonwealth employment, the restrictions of Section 1103(g) of the Ethics Act pertaining to former public officials/public employees.

07-606 (Makar):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any restrictions upon employment of an Income Maintenance Caseworker following termination of service with the Commonwealth of Pennsylvania Department of Public Welfare (“DPW”).

07-607 (Stadler):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any restrictions upon employment of a Nursing Services Consultant following termination of service with the Commonwealth of Pennsylvania, Department of Public Welfare, Office of Developmental Programs.

07-608 (Hadley):Re:Whether the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., would present any prohibitions or restrictions upon a newly-elected county commissioner as to participating in matters related to a park owned and operated by a municipal authority, when the county commissioner and her husband are involved in a lawsuit against the municipal authority regarding the building of overnight accommodations in the county park.

OPINIONS (Ethics):

07-016:Re:Whether, pursuant to the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., an A with Commonwealth Department B (“the Department”) would have a conflict of interest under Section 1103(a) of the Ethics Act with respect to a proposed grant from the Department to an educational institution that houses an organization with which a sibling of the A is employed, where said organization would not have any involvement with the proposed grant project.

07-017:Re:Whether, pursuant to the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., an A with Commonwealth Department B (“the Department”) would have a conflict of interest under Section 1103(a) of the Ethics Act with respect to prospective grants from the Department to two non-profit organizations that are clients of a non-profit organization for which the spouse of the A serves as an officer and compensated staff member, and whether the restrictions of Section 1103(f) of the Ethics Act would apply as to prospective grants to any of the three aforementioned non-profit organizations.

07-018:Re:Whether, pursuant to the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 etseq., the A of Unit B within Commonwealth Department C (“the Department”) would have a conflict of interest under Section 1103(a) of the Ethics Act with respect to prospective grants from the Department to a non-profit organization for which the spouse of the A serves as an officer, and whether the restrictions of Section 1103(f) of the Ethics Act would apply as to such prospective grants.

07-019 (Goddard):Re:Whether an individual employed as a Clerk Typist 2 with the Commonwealth of Pennsylvania, Department of Transportation (“PennDOT”), would upon termination of Commonwealth service be subject to the restrictions of Section 1103(g) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(g), pertaining to former public officials/public employees, where within the one-year period prior to terminating Commonwealth service, the individual was employed with PennDOT as a Clerical Supervisor I but did not supervise any PennDOT employees.

ORDERS (Ethics):

1443 (Haldeman):Re:This is a final adjudication of the State Ethics Commission.

1444 (Dombrowski):Re:This is a final adjudication of the State Ethics Commission.

1445 (Latkanich):Re:This is a final adjudication of the State Ethics Commission.

1446 (Kearney):Re:This is a final adjudication of the State Ethics Commission.

1447 (Daley):Re:This is a final adjudication of the State Ethics Commission.

1448 (Propst):Re:This is a final adjudication of the State Ethics Commission.

1449 (Pierce):Re:This is a final adjudication of the State Ethics Commission.

1450 (Vaughn):Re:This is a final adjudication of the State Ethics Commission.

338-S (Yorkman):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 etseq.

339-S (Reynolds):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 etseq.

340-S (Taliani):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 etseq.

341-S (Haselrig):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 etseq.

342-S (Walker):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 etseq.

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