55 Pa. Stat. § 698.33

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

Section 698.33 - Interest of officers and employees

(a) Criminal conviction.--No person convicted of an infamous crime shall be employed as a management-level employee by the commission.

(b) Restricted activities and financial interests.--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 members and officers and employees of the commission. For the purposes of application of such acts, employees of the commission shall be regarded as public employees of the Commonwealth, and members and officers of the commission shall be regarded as public officials of the Commonwealth, whether or not they receive compensation.

(c) Enforcement and penalties.--The employment of any person who violates the provisions of this section shall be terminated immediately by the appropriate person having the power to terminate employment. A person whose employment has been terminated under this provision shall be liable to the commission to reimburse the commission for all compensation received from the commission while employed in violation of this section.

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

"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 or any conviction for a violation of this section or18 Pa.C.S. § 4113 (relating to misapplication of entrusted property and property of government or financial institutions), 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) 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 any similar violations of the laws of the Federal Government or any other state.

"Management-level commission employee." The chairman of the commission, members, legal counsel employed by the commission, the executive director of the commission and any commission employee with discretionary powers which may affect the outcome of a decision of the commission in relation to a private corporation or business or any employee who by virtue of job function could influence the outcome of such a decision.

"Person." An individual, union, committee, club, 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 or other organization or group of persons.

55 P.S. § 698.33

Amended by P.L. TBD 2022 No. 161, § 3, eff. 1/3/2023.

1992, Dec. 14, P.L. 818, No. 133, § 13, imd. effective.