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Home My WebLink About15-2001 Doherty/Snyder DETERMINATION OF THE COMMISSION Before: Nicholas A. Colafella, Chair Mark R. Corrigan Roger Nick Kathryn Streeter Lewis Maria Feeley Melanie DePalma Brian Westmoreland DATE DECIDED: 1/28/15 DATE MAILED: 2/11/15 15-2001 James A. Doherty, III, Esquire Doherty Hayes, LLC 217 Wyoming Avenue Scranton, PA 18503 Dear Mr. Doherty: This is in response to your emails/correspondence dated January 9, 2015, and January 13, 2015, your letter dated October 30, 2014, and the letter dated October 24, 2014, of your client, Mr. Steven T. Snyder (“Mr. Snyder”), by which you/Mr. Snyder have 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 Vice-Chairman of the Board of the Cumru Township Authority would bring an individual within the definition of the term “public official” as set forth in the Gaming Act at 4 Pa.C.S. § 1512(b), and therefore cause him 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: You represent Mr. Snyder as to his request for a determination from this Commission pursuant to Section 1512(a.5)(1) of the Gaming Act, 4 Pa.C.S. § 1512(a.5)(1). Mr. Snyder presently serves as Vice-Chairman of the Board of the Cumru Township Authority (“Authority”). You have submitted a copy of the Authority’s Articles of Incorporation and related documents, which are incorporated herein by reference. It is administratively noted that Cumru Township is located in Berks County, Pennsylvania. Doherty/Snyder, 15-2001 February 11, 2015 Page 2 In a private capacity, Mr. Snyder currently holds the position of Senior Vice- President of Corporate Development with Gaming and Leisure Properties, Inc. Mr. Snyder is currently seeking a Principal Gaming License from the Pennsylvania Gaming Control Board (“PGCB”). The PGCB has requested that Mr. Snyder seek a determination from this Commission pursuant to 4 Pa.C.S. § 1512(a.5)(1) as to whether his position as the Vice-Chairman of the Authority Board would bring him within the definition of the term “public official” as set forth in the Gaming Act at 4 Pa.C.S. § 1512(b). Per the submitted facts: (1) The Authority is a self-funded municipal authority, which acquires operational funds through the collection of user fees and associated charges as well as independent developer fees; (2) There is no revenue from either the Commonwealth of Pennsylvania or Cumru Township that is received by or passes through any of the Authority’s accounts; (3) The Authority does not receive any revenue generated from taxes derived from gaming revenues or distributions of any funds generated through gaming or gaming related activities; and (4) As Vice-Chairman of the Authority Board, Mr. Snyder is not involved in the development of regulation or policy relating to a licensed entity and is not involved in other matters under the Gaming Act. By letter dated December 17, 2014, you were notified of the date, time and location of the public meeting at which your request would be considered. At the public meeting on January 28, 2015, you appeared for the purpose of answering any questions of the Commission. 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, this 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. The Gaming Act defines the term “public official” as follows: “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. Doherty/Snyder, 15-2001 February 11, 2015 Page 3 (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 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). Paragraphs 1 and 2 of the above definition of the term “public official” would not apply to Mr. Snyder because they list particular public positions that he does not hold. Paragraphs 3 and 4 of the above definition of the term “public official” would not apply to Mr. Snyder because, based upon the submitted facts, the Authority does not directly receive a distribution of revenue under the Gaming Act. Paragraph 5 of the above definition of the term “public official” would not apply to Mr. Snyder because, based upon the submitted facts, as Vice-Chairman of the Authority Board, Mr. Snyder is not involved in the development of regulation or policy relating to a licensed entity and is not involved in other matters under the Gaming Act. Because none of the five numbered paragraphs within the above definition of the term “public official” would apply to Mr. Snyder, he would not be considered a “public official” as that term is defined in Section 1512(b) of the Gaming Act. The determination of this Commission is that based upon the submitted facts, Mr. Snyder’s service as Vice-Chairman of the Authority Board would not bring him within the definition of the term “public official” as set forth in Section 1512(b) of the Gaming Act, 4 Pa.C.S. § 1512(b), and therefore would not cause him 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). The Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., contains a different definition for the term “public official” (see, 65 Pa.C.S. § 1102). This determination under the Gaming Act does not address or impact status under the Ethics Act. IV.CONCLUSION: Based upon the submitted facts, the service of Steven T. Snyder as Vice-Chairman of the Board of the Cumru Township Authority would not bring him within the definition of the term “public official” as set forth in Section 1512(b) Doherty/Snyder, 15-2001 February 11, 2015 Page 4 of the Pennsylvania Race Horse Development and Gaming Act (“Gaming Act”), 4 Pa.C.S. § 1512(b), and therefore would not cause him 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, Nicholas A. Colafella Chair