

     § 6017.  Interests of public officers, public employees and
                party officers.
        (a)  Restrictions upon authority management-level
     employees.--
            (1)  No party officer, public officer, public official,
        public employee or a member of the immediate family of a
        party officer, public officer or public official shall be
        employed as a management-level authority employee.
            (2)  No person convicted of an infamous crime shall be a
        member of the board or employed as a management-level
        employee by the authority.
        (b)  Restricted activities; statement of financial interests;
     public meetings and records.--The provisions of 65 Pa.C.S. Ch.
     11 (relating to ethics standards and financial disclosure) and
     the act of July 19, 1957 (P.L.1017, No.451), known as the State
     Adverse Interest Act, are specifically applicable to board
     members, officers and employees of the authority. For the
     purposes of application of those acts, employees of the
     authority shall be regarded as public employees of the
     Commonwealth, and officers or board members of the authority
     shall be regarded as public officials of the Commonwealth,
     whether or not they receive compensation. The authority shall
     also be subject to 65 Pa.C.S. Ch. 7 (relating to open meetings)
     and the act of June 21, 1957 (P.L.390, No.212), referred to as
     the Right-to-Know Law.
        (c)  Conflicts of interest.--Notwithstanding the provisions
     of subsection (b), all of the following prohibitions shall apply
     to the authority:
            (1)  No management-level employee or other employee of
        the authority shall use his position with the authority, or
        any confidential information received through his position
        with the authority, to obtain financial gain other than
        compensation provided by law for himself, a member of his
        immediate family or a business with which he is associated.
            (2)  No person shall offer or give to a board member, a
        management-level employee or other employee of the authority
        or a member of his immediate family or a business with which
        he is associated, and no board member, management-level
        employee or other employee of the authority shall solicit or
        accept, anything of value, including a gift, loan, political
        contribution, reward or promise of future employment, based
        on any understanding that the vote, official action or
        judgment of the board member, management-level employee or
        other employee of the authority would be influenced thereby.
            (3)  No board member, management-level employee or other
        employee of the authority or a member of his immediate family
        or any business in which the person or a member of the
        person's immediate family is a director, officer, owner or
        holder of stock exceeding 5% of the equity at fair market
        value of the business shall enter into any contract valued at
        $500 or more to provide goods or services to the authority
        unless the contract has been awarded to the lowest
        responsible bidder through an open and public process,
        including prior public notice and subsequent public
        disclosure of all proposals considered and contracts awarded.
            (4)  No former board member, management-level employee or
        other employee of the authority shall represent a person,
        with or without compensation, on any matter before the
        authority with which he has been associated for one year
        after he leaves the authority.
            (5)  Neither an individual who is a State, city or county
        public officer or public official or any party officer or
        member of the immediate family of such individual nor a
        business with which such individual or member of the
        individual's immediate family is associated shall have a
        financial interest in any contract valued at $500 or more to
        provide goods or services to the authority either during the
        time the person holds office or for two years after the
        person terminates office unless the contract is executed
        pursuant to the provisions of paragraph (3). For purposes of
        this paragraph, the term "financial interest" does not
        include employment by, association with or ownership of a
        business association unless the public officer, public
        official, party officer or member of the immediate family of
        the individual owns shares of stock in a corporation in an
        amount in excess of 5% of the total issue for the stock of
        the corporation or has an ownership interest in any
        noncorporate business association in an amount in excess of
        5% of the total ownership of a noncorporate business
        association.
            (6)  No board member, management-level employee or other
        employee of the authority or an advisor or consultant to the
        State, city or the county having recommended to the authority
        which he serves either the making of a contract relating to a
        convention center authority or a course of action of which
        the making of such a contract is an express or implied part
        shall, at any time thereafter, have an adverse interest in
        the contract.
            (7)  No board member, management-level employee or other
        employee of the authority, the State, the city or the county
        shall influence or attempt to influence the making of or
        supervise or in any manner deal with any contract with the
        authority in which the employee has an adverse interest.
            (8)  No board member, management-level employee or other
        employee of the authority shall have an adverse interest in
        any contract with the authority.
            (9)  No person having an adverse interest in a contract
        with the authority shall become a board member, management-
        level employee or other employee of the authority until the
        adverse interest has been wholly divested.
            (10)  No board member, management-level employee or other
        employee of the authority, the State, the city or the county,
        except in the performance of his duties as such employee,
        shall for remuneration, directly or indirectly, represent any
        other person upon any matter pending before the authority.
        (d)  Enforcement; penalties.--
            (1)  Any person who violates the provisions of this
        section shall have employment by the authority or membership
        on the board terminated immediately by the appropriate person
        having the power to terminate and shall be liable to the
        authority to reimburse the authority for all compensation
        received from the authority while employed in violation of
        this section.
            (2)  Any person who violates the provisions of subsection
        (c)(1) or (2) is guilty of a felony and shall be fined not
        more than $10,000 or imprisoned for not more than five years
        or be both fined and imprisoned.
            (3)  Any person who violates the provisions of subsection
        (c)(3) through (10) is guilty of a misdemeanor and shall be
        fined not more than $1,000 or imprisoned for not more than
        one year or be both fined and imprisoned.
            (4)  Any person who obtains financial gain from violating
        any provisions of subsection (c), in addition to any other
        penalty provided by law, shall pay into the accounts of the
        authority a sum of money equal to three times the financial
        gain resulting from the violation.
            (5)  Any person who violates the provisions of subsection
        (c) shall be barred for a period of five years from engaging
        in any business or contract with the authority, the State,
        the city and any political subdivision.
            (6)  Any employee of the State, city or any political
        subdivision or any public officer or public official who
        violates subsection (c) shall automatically forfeit any
        office or employment the employee holds.
            (7)  The penalties and sanctions provided by this section
        shall supersede any similar penalties and sanctions provided
        by the Public Official and Employee Ethics Law and State
        Adverse Interest Act.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Business."  Any corporation, partnership, sole
     proprietorship, firm, enterprise, franchise, association,
     organization, self-employed individual, holding company, joint-
     stock company, receivership, trust or any legal entity organized
     for profit or as a not-for-profit corporation or organization.
        "Business with which he is associated."  Any business in
     which the person or a member of the person's immediate family is
     a director, officer, owner, employee or holder of stock.
        "County."  A county within the Philadelphia Metropolitan
     Statistical Area as defined in this chapter.
        "Immediate family."  A parent, spouse, child, brother, sister
     or like relative-in-law.
        "Infamous crime."  Any violation and conviction for an
     offense which would disqualify an individual from holding public
     office pursuant to section 6 of Article II of the Constitution
     of Pennsylvania; any conviction for a violation of this section;
     any conviction for a violation of 18 Pa.C.S. § 4113 (relating to
     misapplication of entrusted property and property of government
     or financial institutions) or 18 Pa.C.S. Ch. 47 (relating to
     bribery and corrupt influence), 49 (relating to falsification
     and intimidation), 51 (relating to obstructing governmental
     operations) or 53 (relating to abuse of office); any other
     violation of the laws of this Commonwealth for which an
     individual has been convicted within the preceding ten years and
     which is classified as a felony; or a similar violation of the
     law of any other state or the Federal Government.
        "Management-level authority employee."  The counsel employed
     by the authority, the executive director of the authority and
     any authority employee with discretionary powers which may
     affect the outcome of the authority's decision in relation to a
     private corporation or business or any employee who by virtue of
     his job function could influence the outcome of such a decision.
        "Party officer."  The following members or officers of any
     political party:
            (1)  a member of a national committee;
            (2)  a chairman, vice chairman, secretary, treasurer or
        counsel of a State committee or member of the executive
        committee of a State committee;
            (3)  a county chairman, vice chairman, counsel, secretary
        or treasurer of a county committee; or
            (4)  a city chairman, vice chairman, counsel, secretary
        or treasurer of a city committee.
        "Person."  A business, individual, corporation, union,
     association, firm, partnership, committee, club or other
     organization or group of persons.
        "Public employee."  An individual employed by the
     Commonwealth or a political subdivision who is responsible for
     taking or recommending official action of a nonministerial
     nature with regard to:
            (1)  contracting or procurement;
            (2)  administering or monitoring grants or subsidies;
            (3)  planning or zoning;
            (4)  inspecting, licensing, regulating or auditing any
        person; or
            (5)  any other activity where the official action has an
        economic impact of greater than a de minimis nature on the
        interest of any person. A public employee shall not include
        individuals who are employed by the State or any political
        subdivision in teaching as distinguished from administrative
        duties.
        "Public officer."  A person elected to any public office of
     the Commonwealth or any political subdivision.
        "Public official."  An elected or appointed official in the
     executive, legislative or judicial branch of the State or any
     political subdivision. The term does not include members of
     advisory boards who have no authority to expend public funds
     other than reimbursement for personal expense or to otherwise
     exercise the power of the State or any political subdivision.
     The term does not include any appointed official who receives no
     compensation other than reimbursement for actual expenses.
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Last modified: November 27, 2007