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Home My WebLink About16-2002 Sonya BarberDETERMINATION OF THE COMMISSION Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Kathryn Streeter Lewis Maria Feeleyy Melanie De alma DATE DECIDED: 1/21/16 DATE MAILED: 2/2/16 i MM 1111% Sonya Barber 1933 Plain Grove Road Volant, PA 16156 Dear Ms. Barber: This is in response to your letters dated December 7, 2015, and December 9, 2015, by which you requested a determination from this Commission pursuant to Section 1512T.5)(1) of the Pennsylvania Race Horse Development and Gaming Act ( "Gaming Act', 4 a.C.S. § 1512(a.5)(1). ISSUE: Whether the Requester's service as an auditor for Plain Grove Township ( "Township ") would bring her 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 her to be subject to the restrictions of the Gaming Act at 4 Pa.C.S. § 1512(a), (a.1) and (a.2). FACTUAL BASIS FOR DETERMINATION: You have been elected to serve as an auditor for the Township. You indicate that you hold a license with the Pennsylvania Harness Racing Commission to own, drive or train Standardbred race horses. You have contacted various entities as to whether serving as a Plain Grove Township auditor would jeopardize the aforesaid license. You seek a determination from this Commission, which —given the limited jurisdiction of this Commission under the Gaming Act —may only address whether service as an auditor for the Township would bring you 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 you to be subject to the restrictions of the Gaming Act at 4 Pa.C.S. § 1512(a), (a.1) and (a.2). Barber, 16 -2002 February 2, 2016 Page 2 You state that per the Township Secretary/Treasurer, the Township does not receive any monies or revenue of any kind from racing or gaming, and it has not had any decision or influence involving gaming. By letter dated December 22, 2015, you were notified of the date, time and location of the public meeting at which your request would be considered. 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. (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 you because they list particular public positions that you do not hold. Barber, 16 -2002 February 2, 2016 Page 3 Paragraphs 3 and 4 of the above definition of the term "public official" would not apply to you subject to the condition that the Township 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 you subject to the condition that the Township is not involved in the development of regulation or policy relating to a licensed entity or in other matters under the Gaming Act. Subject to the aforesaid conditions, none of the five numbered paragraphs within the above definition of the term "public official" would apply to you, and you 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 subject to the conditions that: (1) the Township does not directly receive a distribution of revenue under the Gaming Act; and (2) the Township is not involved in the development of regulation or policy relating to a licensed entity or in other matters under the Gaming Act, your service as a Township auditor would not bring you 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 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 Section 1512(a.5)(1) of the Gaming Act, 4 Pa.C.S. and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. definition for the term "public official" (see, 65 Pa. noted that township auditors are "public officials" and township auditors are subject to the restrictions See, e.g., Wilson, Order 1226. the specific uestion posed under 1512(a.5)(1�. The Public Official 1101 et sec ., contains a different .S. § 1102). It is parenthetically s the Ethics Act defines that term, and requirements of the Ethics Act. IV. CONCLUSION: Based upon the submitted facts, and subject to the conditions that: (1) Plain Grove Township ("Township ") does not directly receive a distribution of revenue under the Pennsylvania Race Horse Development and Gaming Act ( "Gaming Act "), 4 Pa.C.S. § 1101 et sec.; and (2) the Township is not involved in the development of regulation or policy relating to a licensed entity or in other matters under the Gaming Act, your service as a Township auditor would not bring you 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 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, Nicholas A. Colafella Chair