16 Pa. Stat. § 2399.16

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 2399.16 - Interests of public officers, public employes and party officers

(a)

(1) No party officer, public officer, public official or public employe shall be employed as a management-level authority employe.

(2) No person convicted of an infamous crime shall be employed as a management-level employe by the authority.

(b) The provisions of the act of July 19, 1957 (P.L. 1017, No. 451), known as the "State Adverse Interest Act," and 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) are hereby made specifically applicable to board members, officers and employes of the authority. For the purposes of application of these acts, employes of the authority shall be regarded as public employes 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 the act of June 21, 1957 (P.L. 390, No. 212), referred to as the Right-to-Know Law, and 65 Pa.C.S. Ch. 7 (relating to open meetings).

(c) Notwithstanding the provisions of subsection (b), the following prohibitions shall apply to the authority created by this subdivision:

(1) No management-level employe or other employe of the authority shall use his position with the authority or 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 management-level employe or other employe of the board or a member of his immediate family or a business with which he is associated, and no management-level employe or other employe of the board shall solicit or accept, anything of value, including a gift, loan, political contribution, reward or promise of future employment, based on an understanding that the vote, official action or judgment of the management-level employe or other employe of the board would be influenced thereby.

(3) No management-level employe or other employe of the board or a member of his immediate family or a business in which the person or a member of the person's immediate family is a director, officer, owner or holder of stock exceeding five per centum of the equity at fair market value of the business shall enter into a contract valued at five hundred dollars ($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 management-level employe or other former employe of the board 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) An individual who is a State, county seat or county public officer or public official or a party officer, a member of the immediate family of such an individual or a business with which such an individual or immediate family member is associated shall not have a financial interest in a contract valued at five hundred dollars ($500) or more to provide goods or services to the authority either during the time the person holds the office or for two years after the person terminates the office unless the contract is executed pursuant to the provisions of clause (3). For purposes of this clause, the term "financial interest" shall not include employment by, association with or ownership of a business association unless the public officer, public official, party officer or immediate family member owns shares of stock in the corporation in an amount in excess of five per centum of the total issue of the stock of the corporation or has an ownership interest in a noncorporate business association in an amount in excess of five per centum of the total ownership of the noncorporate business association.

(6) No management-level employe or other employe of the board nor an advisor or consultant to the county seat, the county or the State, 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 management-level employe or other employe of the authority, the county seat, the county or the State shall influence or attempt to influence the making of or supervise or in any manner deal with a contract with the authority in which he has an adverse interest.

(8) No management-level employe or other employe shall have an adverse interest in a contract with the authority.

(9) No person having an adverse interest in a contract with the authority shall become a management-level employe or other employe of the authority until the adverse interest shall have been wholly divested.

(10) No management-level employe or other employe of the authority, the county seat, the county or the State, except in the performance of his duties as an employe, shall for remuneration, directly or indirectly, represent a person upon a matter pending before the authority.

(d)

(1) A person who violates this section shall have his employment by the authority immediately terminated by the appropriate person having the power to terminate and shall be liable to the authority to reimburse the authority for all compensation received by him from the authority while employed in violation of subsection (a).

(2) A person who violates subsection (c)(1) or (2) commits a felony and shall be sentenced to pay a fine of not more than ten thousand dollars ($10,000) or to imprisonment for not more than five years, or both.

(3) A person who violates subsection (c)(3) through (10) commits a misdemeanor and shall be sentenced to pay a fine of not more than one thousand dollars ($1,000) or to imprisonment for not more than one year, or both.

(4) A person who obtains financial gain from violating 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) A person who violates subsection (c) shall be barred for a period of five years from engaging in any business or contract with the authority, the county seat, the county, the State and all political subdivisions.

(6) An employe of the county seat, county, State or any political subdivision or a public officer or public official who violates subsection (c) shall automatically forfeit the office or employment he may then hold.

(7) The penalties and sanctions provided by this section shall supersede any similar penalties and sanctions provided by the act of October 4, 1978 (P.L. 883, No. 170), known as the "Public Official and Employee Ethics Law," and the "State Adverse Interest Act."

(e) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Business" shall mean a 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" shall mean a business in which the person or a member of the person's immediate family is a director, officer, owner, employe or holder of stock.

"Immediate family" shall mean a parent, spouse, child, brother, sister or like relative-in-law.

"Infamous crime" shall mean a 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 or a conviction for a violation of this section,18 Pa.C.S. § 4113 (relating to misapplication of entrusted property and property of government or financial institutions) or 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) or 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, and similar violations of the laws of another state or the Federal Government.

"Management-level authority employe" shall mean the chairman and members of the board of the authority, counsel employed by the authority, the executive director of the authority and any authority employe with discretionary powers which may affect the outcome of the authority's decision in relation to a private corporation or business or any employe who by virtue of his job function could influence the outcome of the decision.

"Party officer" shall mean the following members or officers of a 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 city chairman or vice chairman or counsel, secretary or treasurer of a city committee; or

(4) a county chairman or vice chairman or counsel, secretary or treasurer of a county committee.

"Person" shall mean a business, individual, corporation, union, association, firm, partnership, committee, club or other organization or group of persons.

"Public employe" shall mean 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 employe shall not include individuals who are employed by the State or a political subdivision in teaching, as distinguished from administrative duties.

"Public officer" shall mean a person elected to any public office of the Commonwealth or a political subdivision.

"Public official" shall mean an elected or appointed official in the executive, legislative or judicial branch of the State or a political subdivision, 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 a political subdivision. The term shall not include an appointed official who receives no compensation other than reimbursement for actual expenses.

16 P.S. § 2399.16

1955, Aug. 9, P.L. 323, No. 130, § 2399.16, added 1999, Nov. 3, P.L. 461, No. 42, § 3, imd. effective.