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Ethics Ruling In DEP, DCNR Case Goes Against Rendell Administration
The Pennsylvania Supreme Court this week overruled a lower court and found the State Ethics Commission correctly said cabinet secretaries would not be in compliance with state law if departmental grants went to their spouses, Capitolwire reported.

Gov. Rendell sought the 2007 prospective advisory opinion by the ethics board to get two of his cabinet appointees confirmed by the state Senate.

In 2007, Sen. Mary Jo White (R-Venango) and other GOP senators accused then-Environmental Protection Secretary Katie McGinty and Conservation and Natural Resources Secretary Michael DiBerardinis of violating state ethics law. Gov. Rendell at the time said any violations were “technical” at most.

Secretary DiBerardinis's agency gave a grant to a Philadelphia program overseen by his wife, Joan Reilly. Secretary McGinty’s department gave a grant to a non-profit that, for other work unrelated to the grant, paid $4,000 to Secretary McGinty’s husband, Dr. Karl Hausker.

Senate Republicans refused to support the re-nominations of Secretaries McGinty and DiBerardinis unless Gov. Rendell asked for the advisory opinion regarding the grants.

The Ethics Commission gave advisory rulings in 2007 that stated Secretaries McGinty and DiBerardinis would violate conflict-of-interest laws if they were to approve department grants in the future to organizations linked to their spouses. The Commission said the conflict could be avoided if someone other than the secretaries were selected to approve grants in such cases.

In 2007, Gov. Rendell said the opinions were “inappropriately broad” and they “are affecting much more than DEP and DCNR. They are slowing down the operation of state government in general. Not only are the opinions burdensome, but they set an impossible standard that is new and without precedent.”

A spokesperson for Gov. Rendell said the Administration would abide by the Court's ruling.

Click here
 for a copy of the ruling. A concurring opinion was also issued by the Court.

12/7/2009

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