

     § 1103.  Restricted activities.
        (a)  Conflict of interest.--No public official or public
     employee shall engage in conduct that constitutes a conflict of
     interest.
        (b)  Seeking improper influence.--No person shall offer or
     give to a public official, public employee or nominee or
     candidate for public office or a member of his immediate family
     or a business with which he is associated anything of monetary
     value, including a gift, loan, political contribution, reward or
     promise of future employment based on the offeror's or donor's
     understanding that the vote, official action or judgment of the
     public official or public employee or nominee or candidate for
     public office would be influenced thereby.
        (c)  Accepting improper influence.--No public official,
     public employee or nominee or candidate for public office shall
     solicit or accept anything of monetary value, including a gift,
     loan, political contribution, reward or promise of future
     employment, based on any understanding of that public official,
     public employee or nominee that the vote, official action or
     judgment of the public official or public employee or nominee or
     candidate for public office would be influenced thereby.
        (d)  Honorarium.--No public official or public employee shall
     accept an honorarium.
        (e)  Contingent and severance payments.--
            (1)  No person shall solicit or accept a severance
        payment or anything of monetary value contingent upon the
        assumption or acceptance of public office or employment.
            (2)  This subsection shall not prohibit:
                (i)  Payments received pursuant to an employment
            agreement in existence prior to the time a person becomes
            a candidate or is notified by a member of a transition
            team, a search committee or a person with appointive
            power that he is under consideration for public office or
            makes application for public employment.
                (ii)  Receipt of a salary, fees, severance payment or
            proceeds resulting from the sale of a person's interest
            in a corporation, professional corporation, partnership
            or other entity resulting from termination or withdrawal
            therefrom upon the assumption or acceptance of public
            office or employment.
            (3)  Payments made or received pursuant to paragraph
        (2)(i) and (ii) shall not be based on the agreement, written
        or otherwise, that the vote or official action of the
        prospective public official or employee would be influenced
        thereby.
        (f)  Contract.--No public official or public employee or his
     spouse or child or any business in which the person or his
     spouse or child is associated shall enter into any contract
     valued at $500 or more with the governmental body with which the
     public official or public employee is associated or any
     subcontract valued at $500 or more with any person who has been
     awarded a contract with the governmental body with which the
     public official or public employee is associated unless the
     contract has been awarded through an open and public process,
     including prior public notice and subsequent public disclosure
     of all proposals considered and contracts awarded. In such a
     case, the public official or public employee shall not have any
     supervisory or overall responsibility for the implementation or
     administration of the contract. Any contract or subcontract made
     in violation of this subsection shall be voidable by a court of
     competent jurisdiction if the suit is commenced within 90 days
     of the making of the contract or subcontract.
        (g)  Former official or employee.--No former public official
     or public employee shall represent a person, with promised or
     actual compensation, on any matter before the governmental body
     with which he has been associated for one year after he leaves
     that body.
        (h)  Misuse of statement of financial interest.--No person
     shall use for any commercial purpose information copied from
     statements of financial interests required by this chapter or
     from lists compiled from such statements.
        (i)  Former executive-level employee.--No former executive-
     level State employee may for a period of two years from the time
     that he terminates employment with this Commonwealth be employed
     by, receive compensation from, assist or act in a representative
     capacity for a business or corporation that he actively
     participated in recruiting to this Commonwealth or that he
     actively participated in inducing to open a new plant, facility
     or branch in this Commonwealth or that he actively participated
     in inducing to expand an existent plant or facility within this
     Commonwealth, provided that the above prohibition shall be
     invoked only when the recruitment or inducement is accomplished
     by a grant or loan of money or a promise of a grant or loan of
     money from the Commonwealth to the business or corporation
     recruited or induced to expand.
        (j)  Voting conflict.--Where voting conflicts are not
     otherwise addressed by the Constitution of Pennsylvania or by
     any law, rule, regulation, order or ordinance, the following
     procedure shall be employed. Any public official or public
     employee who in the discharge of his official duties would be
     required to vote on a matter that would result in a conflict of
     interest shall abstain from voting and, prior to the vote being
     taken, publicly announce and disclose the nature of his interest
     as a public record in a written memorandum filed with the person
     responsible for recording the minutes of the meeting at which
     the vote is taken, provided that whenever a governing body would
     be unable to take any action on a matter before it because the
     number of members of the body required to abstain from voting
     under the provisions of this section makes the majority or other
     legally required vote of approval unattainable, then such
     members shall be permitted to vote if disclosures are made as
     otherwise provided herein. In the case of a three-member
     governing body of a political subdivision, where one member has
     abstained from voting as a result of a conflict of interest and
     the remaining two members of the governing body have cast
     opposing votes, the member who has abstained shall be permitted
     to vote to break the tie vote if disclosure is made as otherwise
     provided herein.

        Applicability.  Section 4(c) of Act 93 of 1998 provided that
     subsecs. (d) and (e) shall not apply to any matter that occurred
     before June 26, 1989.
        Cross References.  Section 1103 is referred to in section
     1109 of this title; section 1201 of Title 4 (Amusements).
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Last modified: November 27, 2007