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Definitions - 65 Pa. Cons. Stat. § 1102Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 1102. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Advice." Any directive of the chief counsel of the State
Ethics Commission issued under section 1107(11) (relating to
powers and duties of commission) and based exclusively on prior
commission opinions, this chapter, regulations promulgated
pursuant to this chapter and court opinions which interpret this
chapter.
"Aggregate." The total of all gifts received from a single
source as provided in section 1105(b)(6) (relating to statement
of financial interests).
"Authority of office or employment." The actual power
provided by law, the exercise of which is necessary to the
performance of duties and responsibilities unique to a
particular public office or position of public employment.
"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.
"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 has a financial
interest.
"Candidate." Any individual who seeks nomination or election
to public office by vote of the electorate, other than a judge
of elections, inspector of elections or official of a political
party, whether or not such individual is nominated or elected.
An individual shall be deemed to be seeking nomination or
election to such office if he has:
(1) received a contribution or made an expenditure or
given his consent for any other person or committee to
receive a contribution or make an expenditure for the purpose
of influencing his nomination or election to such office,
whether or not the individual has announced the specific
office for which he will seek nomination or election at the
time the contribution is received or the expenditure is made;
or
(2) taken the action necessary under the laws of this
Commonwealth to qualify himself for nomination or election to
such office.
The term shall include individuals nominated or elected as
write-in candidates unless they resign such nomination or
elected office within 30 days of having been nominated or
elected.
"Commission." The State Ethics Commission.
"Confidential information." Information not obtainable from
reviewing a public document or from making inquiry to a publicly
available source of information.
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through his
holding public office or employment for the private pecuniary
benefit of himself, a member of his immediate family or a
business with which he or a member of his immediate family is
associated. The term does not include an action having a de
minimis economic impact or which affects to the same degree a
class consisting of the general public or a subclass consisting
of an industry, occupation or other group which includes the
public official or public employee, a member of his immediate
family or a business with which he or a member of his immediate
family is associated.
"Contract." An agreement or arrangement for the acquisition,
use or disposal by the Commonwealth or a political subdivision
of consulting or other services or of supplies, materials,
equipment, land or other personal or real property. The term
shall not mean an agreement or arrangement between the State or
political subdivision as one party and a public official or
public employee as the other party, concerning his expense,
reimbursement, salary, wage, retirement or other benefit, tenure
or other matters in consideration of his current public
employment with the Commonwealth or a political subdivision.
"De minimis economic impact." An economic consequence which
has an insignificant effect.
"Executive-level State employee." The Governor, Lieutenant
Governor, cabinet members, deputy secretaries, the Governor's
office staff, any State employee with discretionary powers which
may affect the outcome of a State agency'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.
"Financial interest." Any financial interest in a legal
entity engaged in business for profit which comprises more than
5% of the equity of the business or more than 5% of the assets
of the economic interest in indebtedness.
"Findings report." An initial report containing findings of
fact as determined by the State Ethics Commission's
investigation but not containing any conclusions of law or any
determination of whether there has been a violation of law.
"Frivolous complaint." A complaint filed in a grossly
negligent manner without basis in law or fact.
"Gift." As defined in section 13A03 (relating to
definitions).
"Governmental body." Any department, authority, commission,
committee, council, board, bureau, division, service, office,
officer, administration, legislative body or other establishment
in the executive, legislative or judicial branch of a state, a
nation or a political subdivision thereof or any agency
performing a governmental function.
"Governmental body with which a public official or public
employee is or has been associated." The governmental body
within State government or a political subdivision by which the
public official or employee is or has been employed or to which
the public official or employee is or has been appointed or
elected and subdivisions and offices within that governmental
body.
"Honorarium." Payment made in recognition of published
works, appearances, speeches and presentations and which is not
intended as consideration for the value of such services which
are nonpublic occupational or professional in nature. The term
does not include tokens presented or provided which are of de
minimis economic impact.
"Hospitality." As defined in section 13A03 (relating to
definitions).
"Immediate family." A parent, spouse, child, brother or
sister.
"Income." Any money or thing of value received or to be
received as a claim on future services or in recognition of
services rendered in the past, whether in the form of a payment,
fee, salary, expense, allowance, forbearance, forgiveness,
interest, dividend, royalty, rent, capital gain, reward,
severance payment, proceeds from the sale of a financial
interest in a corporation, professional corporation, partnership
or other entity resulting from termination or withdrawal
therefrom upon assumption of public office or employment or any
other form of recompense or any combination thereof. The term
refers to gross income and includes prize winnings and tax-
exempt income. The term does not include gifts, governmentally
mandated payments or benefits, retirement, pension or annuity
payments funded totally by contributions of the public official
or employee, or miscellaneous, incidental income of minor
dependent children.
"Indirect interest in real estate." Any business entity the
assets of which are 80% or more in real property.
"Ministerial action." An action that a person performs in a
prescribed manner in obedience to the mandate of legal authority
without regard to or the exercise of the person's own judgment
as to the desirability of the action being taken.
"Nominee." Any person whose name has been submitted to a
public official or governmental body vested with the power to
finally confirm or reject proposed appointments to public office
or employment.
"Nonministerial actions." An action in which the person
exercises his own judgment as to the desirability of the action
taken.
"Opinion." A directive of the State Ethics Commission issued
pursuant to section 1107(10) (relating to powers and duties of
commission) setting forth a public official's or public
employee's duties under this chapter.
"Order." A directive of the State Ethics Commission issued
pursuant to section 1107(13) (relating to powers and duties of
commission) at the conclusion of an investigation which contains
findings of fact, conclusions of law and penalties.
"Person." A business, governmental body, individual,
corporation, union, association, firm, partnership, committee,
club or other organization or group of persons.
"Political contribution." Any advance, conveyance, deposit,
distribution, transfer of funds, loan, payment, pledge, purchase
of a ticket to a testimonial or similar fundraising affair, or
subscription of money or anything of value except volunteer
services, in connection with a political campaign, and any
contract, agreement, promise or other obligations, whether or
not legally enforceable, to make a political contribution.
"Political subdivision." Any county, city, borough,
incorporated town, township, school district, vocational school,
county institution district, and any authority, entity or body
organized by the aforementioned.
"Public employee." Any 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
interests of any person.
The term shall not include individuals who are employed by this
Commonwealth or any political subdivision thereof in teaching as
distinguished from administrative duties.
"Public official." Any person elected by the public or
elected or appointed by a governmental body or an appointed
official in the executive, legislative or judicial branch of
this Commonwealth or any political subdivision thereof, provided
that it shall not include members of advisory boards that 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 thereof.
"Represent." To act on behalf of any other person in any
activity which includes, but is not limited to, the following:
personal appearances, negotiations, lobbying and submitting bid
or contract proposals which are signed by or contain the name of
a former public official or public employee.
"Solicitor." A person elected or appointed to the office of
solicitor for the political subdivision.
"Source." Any person who is a provider of an item reportable
under section 1105 (relating to statement of financial
interests).
"State consultant." A person who, as an independent
contractor, performs professional, scientific, technical or
advisory service for an agency of this Commonwealth and who
receives a fee, honorarium or similar compensation for such
services. A State consultant is not an executive-level employee.
(Nov. 1, 2006, P.L.1213, No.134, eff. Jan. 1, 2007)
2006 Amendment. Act 134 amended the def. of "gift" and added
the def. of "hospitality."
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Last modified: November 27, 2007 |