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PA Bulletin, Doc. No. 13-2216

NOTICES

STATE EMPLOYEES' RETIREMENT BOARD

Hearing Scheduled

[43 Pa.B. 6996]
[Saturday, November 23, 2013]

 The following hearing has been scheduled, as authorized by 71 Pa.C.S. Part XXV (relating to State Employees' Retirement Code), in connection with the State Employees' Retirement System's denial of claimants request concerning the indicated account.

 The hearing will be held before a hearing officer at the State Employees' Retirement System, 30 North Third Street, First Floor, Harrisburg, PA 17101:

January 7-9, 2014 Gerald A. and Dorothy Sandusky
Pension Forfeiture
9 a.m.

 Parties in each respective case may appear with or without counsel and offer relevant testimony or evidence to support their respective positions. The hearings will be held in accordance with the requirements of 2 Pa.C.S. §§ 501—508 and 701—704 (relating to Administrative Agency Law). Under 4 Pa. Code § 250.1 (relating to applicability of general rules), procedural matters will be in conformance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) unless specific exemption is granted.

DAVID E. DURBIN, 
Secretary

COMMONWEALTH OF PENNSYLVANIA
STATE EMPLOYEES' RETIREMENT BOARD

:
IN RE:
:Docket No. 2012-38
ACCOUNT OF GERALD A. SANDUSKY :
:
:   Hearing Officer:
: Michael L. Bangs, Esq.
Claims of Gerald A. and Dorothy Sandusky :
:

Decorum Order

 And now this 6th day of November, 2013, upon consultation with the State Employees' Retirement System, Capitol Police Department, Harrisburg Police Department, Pennsylvania Association of Broadcasters, and the Pennsylvania NewsMedia Association, the following order is entered:

 The terms of this order apply to the pension forfeiture appeal hearing scheduled to begin at 9:00 a.m. on Jan. 7, 2014.

 The provisions noted as ''Mandatory'' shall be applied by SERS and enforced accordingly by its officers and agents. Any person who violates the provisions of this order will be subject to penalties under any applicable statute, order or rule of the court.

 The provisions noted as ''Information'' are intended to provide meaningful structure and guidance to members of the public and media who wish to attend the proceedings.

Mandatory

 1. Building Access: Members of the media and public must enter through the front entrance of 30 North Third Street. Access from other building entrances is prohibited. One set of double doors will be marked for hearing access; members of the media and public are prohibited from using any other doors, which will be marked for employees and guests conducting business in the building. Hearing participants will enter the building from a side entrance.

 2. Hearing Room: The hearing will be conducted in the ''Event Hall'' on the first floor of 30 North Third Street. Members of the media and public are allowed on the first floor only and are prohibited from other floors of the building. Members of the media and public must present valid identification, must sign-in, must wear SERS-provided identification, and may be subject to bag search, metal detection, and/or other security measures prior to entering the room.

 3. Allocation of Seats: It is estimated that the room will seat approximately 80 people, which will be allocated as:

 a. 4 seats for hearing officer, transcriptionists, etc.

 b. 8 seats for use of the State Employees' Retirement System

 c. 8 seats for the petitioner

 d. 12 seats for witnesses and escorts

 e. 18 seats for members of the public

 f. 20 seats for credentialed members of the media

 i. seat allocation will be as follows: 9 for print, 9 for broadcast, 2 for digital

 ii. members of the media must register by Jan. 2 and will be admitted to the hearing room on a basis determined by the Pennsylvania Association of Broadcasters and the Pennsylvania NewsMedia Association

 iii. only one reporter per media outlet will be allowed in the hearing room at a time

 iv. SERS will make real-time, online and high-definition video footage available to credentialed media outlets, however, live re-streaming or re-streaming the hearing in its entirety is prohibited

 g. Actual experience may result in a reallocation of seats

 4. Hearing Room Admittance: Members of the public will be admitted to the hearing room on a first-come, first-served basis. Members of the public are welcome to line up outside 30 North Third Street at 7:30 a.m. and will begin to be permitted into the building at approximately 8:20 a.m. with an anticipated hearing start time of 9:00 a.m.

 Based on seat allocations provided to them by the Pennsylvania Association of Broadcasters and the Pennsylvania NewsMedia Association, members of the media are also welcome to line up outside 30 North Third Street at 7:30 a.m. and will begin to be permitted into the building at approximately 8:20 a.m.

 Those who will be admitted to the hearing room will be provided with a badge with the person's name and date. The admission badge is good only for the date it is issued. In the event that the hearing lasts more than one day, the badge does not ''carry-over.''

 If a person leaves the hearing room and does not intend to return, the badge will be returned to the admittance table and the next person in line may be admitted to the hearing room during an appropriate break. It will be assumed that a person who is provided with a badge in the morning but is not seated 5 minutes before the afternoon session's scheduled start time is not returning. A corresponding number of people will be admitted from the line, if appropriate.

 5. Hearing Room Etiquette: Any person whose behavior is deemed to be disruptive to the proceedings will be removed from the room and will lose the privilege of attending the hearing.

 a. No members of the public under the age of 18 will be allowed in the hearing room.

 b. No food or beverages will be allowed in the hearing room.

 c. No cameras will be allowed in the hearing room.

 d. No audio or video recording devices will be allowed in the hearing room.

 e. No telephone calls can be placed or answered while in the hearing room.

 f. No member of the public will be allowed to possess a computer in the hearing room (lap top, tablet, etc.) Members of the public may carry one mobile phone into the room but it must be turned all the way off (not just on silent or vibrate) in the presence of a SERS employee prior to enter the hearing room.

 g. Credentialed members of the media may bring and use a smartphone, tablet, lap top computer or similar, reasonably-sized device for note-taking purposes, however, the devices may not be used to take or transmit photographs; or record or broadcast any audio or video account of the proceedings.

 h. Credentialed members of the media may text or tweet from the hearing room, to the extent that such activity is silent and does not disturb the hearing process in any way.

 i. Those seated in the hearing room are expected to remain seated until there is a recess or until session has ended. Any person who leaves the hearing room will not be allowed to return until a recess has been called.

 Any person who violates the provisions of this order regarding the use of electronic devices will be removed from the room and will be subject to penalties under any applicable statute, order or rule of the hearing officer. In addition, any member of the media who violates this order, the outlet that he/she represents, and any outlet that knowingly uses content provided in violation of this order will lose the privilege of attending the hearing.

 6. Interviews: No media interviews may take place in the hearing room or anywhere in 30 North Third Street, including lobbies, hallways, rest rooms, elevators, etc. Interviews may be conducted in the designated area on the covered porch immediately outside of the front doors.

 7. Security Authority: On-site security officers, including Capitol Police, Harrisburg Police, and agents contracted by SERS or the building managers or other tenants of 30 North Third Street, in consultation with the hearing officer, have the authority to make such reasonable rules as may be required to implement this order and provide adequate security to assure the safety of those in attendance. Such rules, for example, may include:

 a. Inspecting backpacks, large purses or satchels, including those required by members of the media to carry laptops, extra batteries, etc.

 b. Prohibiting backpacks, large purses or satchels-except as required by members of the media to carry laptops, extra batteries, etc.

 c. Restricting the times and number of people who may wait in line.

 d. Barring any specific person, except persons immediately involved in the hearing, from entering the building.

Information

 Members of the public and the media are expected to adhere to this order.

 1. Important Background:

 a. This hearing is not related to Mr. Sandusky's criminal prosecution or appeal. It is related to his appeal of the State Employees' Retirement System's determination that his pension is forfeited pursuant to Pennsylvania's Public Employee Pension Forfeiture Act (Act 1978-140).

 b. Mr. Sandusky will not appear at the hearing in person. He will participate via closed-circuit television.

 c. This is an administrative hearing, part of SERS' appeal process in which evidence is presented before an independent hearing examiner who makes a recommendation to the State Employees' Retirement Board, following which the Board will render a decision at an undetermined future date. No ruling will be made during or at the close of this hearing.

 If, when it does issue its decision, the Board denies an appeal, the petitioner has a right to appeal the denial to Commonwealth Court. More information about SERS' appeal process is available at www.SERS.state.pa.us. Click ''Active Members'' from the left-hand navigation, then select ''Appeals and Hearing Process'' from the ''More Information On . . .'' box on the lower, right side of the page.

 d. Because SERS' Board will be making a determination in this matter, SERS will not discuss legal strategy or make any comments during the hearing. (However, SERS will provide a specific area with backdrop, microphone stand and mult-box in the unlikely event that any other entity would like to make comments.)

 e. More information about Pennsylvania's Public Employee Pension Forfeiture Act (Act 1978-140) is available at www.SERS.state.pa.us. Click ''Pension Forfeiture Policy'' in the footer, under the blue bar at the bottom of the page.

 2. Pool Coverage: Commonwealth Media Services will shoot B-roll that will be available on the morning of Jan. 7. High-definition footage of the entire hearing will be made available in real-time at the Capitol Media Center. SERS will consider providing footage by satellite uplink but only upon request and at the media outlet's expense.

 Live re-streaming or re-streaming the hearing in its entirety is prohibited.

 It is not SERS intent to provide widely televised coverage of this hearing. Footage is being provided as a courtesy to media outlets. Media outlets are welcome to excerpt clips for reporting purposes and to monitor the entire hearing for news gathering purposes.

 3. Additional Media Opportunities to Cover the Hearing: With registration by Jan. 2, credentialed members of the media can request a password that will allow them to access real-time, online streaming of the event via secure website. Passwords will be e-mailed to registered members of the media the evening before the hearing begins.

 Live re-streaming or re-streaming the hearing in its entirety is prohibited.

 It is not SERS intent to provide widely televised coverage of this hearing. Footage is being provided as a courtesy to media outlets. Media outlets are welcome to excerpt clips for reporting purposes and to monitor the entire hearing for news gathering purposes.

 4. Credentialing: Media credentials will be issued by SERS using a process developed in cooperation with the Pennsylvania Association of Broadcasters and Pennsylvania NewsMedia Association. Credentials must be secured by Jan. 2. Any member of the media or media outlet that is not credentialed by Jan. 2 may attend the hearing as a member of the public.

 If the number of those requesting credentials exceeds the number of media seats allocated, then allocation will be determined by the Pennsylvania Association of Broadcasters or the Pennsylvania NewsMedia Association.

 If the number of those requesting credentials is less than the total number of media seats allocated or if there are fewer print or broadcast outlets than seats available to them, then unused seats will be reallocated by the Pennsylvania Association of Broadcasters or the Pennsylvania NewsMedia Association.

 5. Pressroom: Because of space limitations, it is not possible to provide a pressroom at 30 North Third Street.

 6. Overflow Viewing: Because of space limitations, it is not possible to provide overflow viewing at 30 North Third Street.

 7. Parking: Street parking is limited and will be prohibited in front of SERS on North Third Street for the duration of the hearing. Standing or parking in alleyways near 30 North Third Street will also be prohibited. A guide to parking in downtown Harrisburg is available at http://www.harrisburgparking.org/

 8. Media Trucks: Members of the broadcast media must indicate by Jan. 2 whether they intend to have a truck on site. During the hearing, media truck parking will be managed by Capitol Police in concert with the Pennsylvania Broadcasters Association. Media trucks can park in designated areas behind the Pennsylvania Capitol, along Commonwealth Avenue. In general, parking is available for broadcast vehicles only, crew/support vehicles should use public parking opportunities as provided above.

 9. Logistics Information:

 a. Broadcast media outlets interested in covering the hearing must register with the Pennsylvania Association of Broadcasters, before Jan. 2. Contact Gail Ponti at gponti@pab.org.

 b. Print and digital media outlets interested in covering the hearing must register with the Pennsylvania NewsMedia Association, before Jan. 2. Contact Teri Henning at terih@pa-news.org.

 c. Other inquiries should be directed to Pam Hile, Press Secretary, Pennsylvania State Employees' Retirement System (SERS), at phile@pa.gov.

By the Presiding Officer:

 Dated: November 6, 2013

MICHAEL L. BANGS, 
Esquire

[Pa.B. Doc. No. 13-2216. Filed for public inspection November 22, 2013, 9:00 a.m.]


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