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Home My WebLink About13-2002 Shelley DETERMINATION OF THE COMMISSION Before: John J. Bolger, Chair Nicholas A. Colafella, Vice Chair Raquel K. Bergen Mark R. Corrigan Roger Nick Kathryn Streeter Lewis DATE DECIDED: 7/10/13 DATE MAILED: 7/15/13 13-2002 Kevin Shelly 1504 Aberdeen Court Lansdale, PA 19446 Dear Mr. Shelly: This is in response to your undated letters postmarked January 19, 2013 and March 9, 2013, by which you requested a determination from this Commission pursuant to Section 1512(a.5)(1) of the Pennsylvania Race Horse Development and Gaming Act (“Gaming Act”), 4 Pa.C.S. § 1512(a.5)(1). I.ISSUE: Whether service as a Towamencin Township District 1-2 Democratic Committee Person would bring an individual within the definitions of the terms “party officer” or “public official” as set forth in the Gaming Act at 4 Pa.C.S. § 1512(b), and therefore cause such individual to be subject to the restrictions of the Gaming Act at 4 Pa.C.S. § 1512(a), (a.1) and (a.2). II.FACTUAL BASIS FOR DETERMINATION: At the request of the Pennsylvania Gaming Control Board, Office of Enforcement Counsel, you seek a determination from this Commission pursuant to Section 1512(a.5)(1) of the Gaming Act as to whether your service as a Towamencin Township District 1-2 Democratic Committee Person would bring you within the definitions of the terms “party officer” or “public official” as set forth in Section 1512(b) of the Gaming Act, 4 Pa.C.S. § 1512(b), and would therefore cause you to be subject to the restrictions of Section 1512(a), (a.1) and (a.2) of the Gaming Act, 4 Pa.C.S. § 1512(a), (a.1) and (a.2). It is administratively noted that Towamencin Township is located in Montgomery County, Pennsylvania. Shelly, 13-2002 July 15, 2013 Page 2 III.DISCUSSION: It is initially noted that determinations under Section 1512(a.5)(1) of the Gaming Act are issued by the State Ethics Commission to the requester based upon the facts that the requester has submitted. 4 Pa.C.S. § 1512(a.5)(1). In issuing the determination based upon the facts that the requester has submitted, the Commission does not engage in an independent investigation of the facts, nor does it speculate as to facts that have not been submitted. It is the burden of the requester to truthfully disclose all of the material facts relevant to the inquiry. Id. A determination only affords a defense to the extent the requester has truthfully disclosed all of the material facts. Id. Section 1512(b) of the Gaming Act defines the terms “party officer” and “public official” as follows: (b) Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection: … “Party officer.”-- A member of a national committee; a chairman, vice chairman, secretary, treasurer or counsel of a State committee or member of the executive committee of a State committee; a county chairman, vice chairman, counsel, secretary or treasurer of a county committee in which a licensed facility is located; or a city chairman, vice chairman, counsel, secretary or treasurer of a city committee of a city in which a licensed facility is located. “Public official.”-- The term shall include the following: (1) The Governor, Lieutenant Governor, a member of the Governor’s cabinet, Treasurer, Auditor General and Attorney General of the Commonwealth. (2) A member of the Senate or House of Representatives of the Commonwealth. (3) An individual elected or appointed to any office of a county or municipality that directly receives a distribution of revenue under this part. (4) An individual elected or appointed to a department, agency, board, commission, authority or other governmental body not included in paragraph (1), (2) or (3) that directly receives a distribution of revenue under this part. (5) An individual elected or appointed to a department, agency, board, commission, authority, county, municipality or other governmental body not included in paragraph (1), (2) or (3) with discretionary power which may influence or affect the outcome of an action or decision and who is involved in the development of regulation or policy relating to a licensed entity or who is involved in other matters under this part. The term does not include a member of a school board or an individual who held an uncompensated office Shelly, 13-2002 July 15, 2013 Page 3 with a governmental body prior to January 1, 2006, and who no longer holds the office as of January 1, 2006. The term includes a member of an advisory board or commission which makes recommendations relating to a licensed facility. 4 Pa.C.S. § 1512(b). There is no basis in the submitted facts to conclude that as a Towamencin Township District 1-2 Democratic Committee Person you would fall within any of the categories of “party officers” as set forth in the above definition. Specifically, there is no basis in the submitted facts to conclude that you serve in any capacity with a national committee, State committee, executive committee of a State committee, or city committee. As for the Montgomery County Democratic Committee, there is no indication in the submitted facts that you are the county chairman, vice chairman, counsel, secretary or treasurer of that Committee. None of the five numbered paragraphs within the definition of the term “public official” would apply to you. Paragraphs 1 and 2 of the definition would not apply to you because they list particular public positions that you do not hold, and Paragraphs 3, 4, and 5 of the definition would not apply to you because the position of Towamencin Township District 1-2 Democratic Committee Person is not a county or municipal office or a position on a governmental body. The necessary determination of this Commission is that based upon the submitted facts, your service as a Towamencin Township District 1-2 Democratic Committee Person would not bring you within the definitions of the terms “party officer” or “public official” as set forth in Section 1512(b) of the Gaming Act, 4 Pa.C.S. § 1512(b), and therefore would not cause you to be subject to the restrictions of Section 1512(a), (a.1) and (a.2) of the Gaming Act, 4 Pa.C.S. § 1512(a), (a.1) and (a.2). This determination is limited to addressing the specific question posed under Section 1512(a.5)(1) of the Gaming Act, 4 Pa.C.S. § 1512(a.5)(1). IV.CONCLUSION: Based upon the submitted facts, your service as a Towamencin Township District 1-2 Democratic Committee Person would not bring you within the definitions of the terms “party officer” or “public official” as set forth in Section 1512(b) of the Pennsylvania Race Horse Development and Gaming Act (“Gaming Act”), 4 Pa.C.S. § 1512(b), and therefore would not cause you to be subject to the restrictions of Section 1512(a), (a.1) and (a.2) of the Gaming Act, 4 Pa.C.S. § 1512(a), (a.1) and (a.2). An individual who relies in good faith on a determination issued by this Commission as to such individual pursuant to Section 1512(a.5)(1) of the Gaming Act shall not be subject to any penalty for an action taken in reliance on the determination, provided that all material facts are accurately set forth in the request for a determination. This determination is a public record and will be made available as such. By the Commission, John J. Bolger Chair