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04/22/2019

Public Meeting Agenda - May 7, 2019

STATE ETHICS COMMISSION

Public Meeting Agenda

May 7, 2019

9:00 a.m.

Finance Building

613 North Street, Room 307

Harrisburg, PA 17120-0400


Minutes:

1.         Approval of the February 7, 2019, public meeting minutes.

Gaming Determination:

2.         Zylo/Talipan, 19-2001: Whether the duties of an individual employed as a Technical Field Representative for the Pennsylvania Gaming Control Board ("Board") would cause the individual to be subject to the restrictions of Section 1201(h)(13) of the Gaming Act following termination of the individual's employment with the Board.

Lobbying Opinion:

3.         O'Donnell, 19-1001:Whether  a charter school formed as a Pennsylvania non-profit corporation would be exempt from the registration and reporting requirements of Pennsylvania's lobbying disclosure law ("Lobbying Disclosure Law"), 65 Pa.C.S. § 13A01 et seq., if: (1) its employees who engage in lobbying activities would be acting in their official capacities, and (2) its expenses for non-exempt lobbying purposes would not exceed $3,000 in any reporting period; and if its expenditures for non-exempt lobbying purposes would exceed $3,000 in a reporting period, whether expenses that would otherwise be exempt would have to be included in expense reports as subject to disclosure.

4.         Christmas, 19-1002:Whether a registered lobbyist's work assisting the Pennsylvania Redistricting Reform Commission ("Reform Commission") would constitute lobbying subject to the disclosure requirements of Pennsylvania's lobbying disclosure law ("Lobbying Disclosure Law"), 65 Pa.C.S. § 13A01 et seq., where: (1) the registered lobbyist serves as the Policy Director of the Committee of Seventy; (2) the Committee of Seventy is a registered principal; (3) the President and Chief Executive Officer ("CEO") of the Committee of Seventy is a registered lobbyist as well as the Chair of the Reform Commission; (4) the registered lobbyist/Policy Director of the Committee of Seventy plans to be part of the team that conducts research and assists in writing the Reform Commission's final report, which is due to the Governor and legislative leaders by August 29, 2019, and which will contain "best practices" related to non-partisan redistricting, findings from public hearings conducted by the Reform Commission, and recommendations from the Reform Commission to the Governor and legislative leaders to inform the redistricting process; (5) the Committee of Seventy has been--and plans to continue to be--involved with lobbying regarding redistricting reform; and (6) the Committee of Seventy might lobby for recommendations contained in the Reform Commission's final report.

Lobbying/Ethics Opinion:

5.         Simpson, 19-1003/19-027:

(1)        Whether the Pennsylvania Bar Association ("PBA") would transgress Section 1103(b) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(b), by offering free Continuing Legal Education ("CLE") credits to public officials and public employees who either are or are not faculty members of such classes;

(2)        Whether offering CLE programs taught by public officials/public employees would constitute "lobbying" as that term is defined in Pennsylvania's lobbying disclosure law ("Lobbying Disclosure Law"), 65 Pa.C.S. § 13A01 et seq.;

(3)        Whether, pursuant to the Lobbying Disclosure Law, PBA's provision of free tuition for public officials/public employees to attend CLE programs would be reportable as "gifts" on PBA's quarterly expense reports;

(4)        Whether, pursuant to the Lobbying Disclosure Law, PBA's provision of free or discounted transportation or lodging to public officials/public employees would be reportable as "gifts" on PBA's quarterly expense reports;

(5)       Whether, pursuant to the Lobbying Disclosure Law, PBA's provision of any CLE-related meals free-of-charge to public officials/public employees would be reportable as "hospitality" on PBA's quarterly expense reports; and

(6)        Whether, pursuant to the Lobbying Disclosure Law, any other costs associated with the CLE, including PBA staff time and expenses incurred in planning the CLE, would need to be reported as either "direct communication" or "indirect communication."

Ethics:

6.         Civil Penalty Orders (Consents):

            Booker, 18-046-P

7.         Civil Penalty Orders (Defaults/Non-Contested):

            Randleman, 18-060-P

            Kelly, 18-050-P

8.         Civil Penalty Orders (Contested):

            Caldwell, 18-018-P

Lobbying:

9.         Administrative Penalty Orders (Consents):

            Penn Warehousing & Distribution, Inc., 18-010-L

            Keystone Progress, 18-011-L

            Keystone Integrated Care, 18-012-L

            Kronos, 18-015-L

Administrative Matters:

10.       Ratification of personnel actions.

11.       Public Comment:  Receipt of testimony or input from persons or organizations who represent any individuals subject to the Public Official and Employee Ethics Act or from other interested parties.


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