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Home My WebLink About17-3002 Badey.131 E Y STATE ETHICS COMMISSION 309 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 DETERMINATION OF THE COMMISSION Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Maria Feeley Melanie DePalma DATE DECIDED: 1125117 DATE MAILED: 218117 17 --3002 To the Requester: George J. Badey, III, Esquire Dear Mr. Badey: This is in response to your letter of November 29, 2016, which is being considered a request for a determination from this Commission pursuant to Section 2101.1(d)(1) of the Medical Marijuana Act ( "Medical Marijuana Act "), Act 16 of 2016, 35 P.S. § 0231.2101.1(d)(1). I. ISSUE: Whether an individual serving as Chairman of the Radnor Township Democratic Committee would be considered a party officer" subject to the restrictions of Section 2101.1(a) and (b) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(a)-(b). II. FACTUAL BASIS FOR DETERMINATION: You request a determination from this Commission pursuant to 2101.1(d )(1) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(d)(1), based upon the following submitted facts. For the past 34 years, you have been a lawyer in private practice, and during that entire time, you have never held any employment with any governmental body. You further state that you do not currently hold any public office or position. After moving to Radnor Township in 1987, you became a Democratic Committee Person in Radnor Township. Since 2010, you have been the Chairman of the Radnor Township Democratic Committee. You state that you hold no party office at national, state or city levels, and that Radnor Township is a municipality and is not considered a city. Your son has formed a company ( "the Company "} and will be applying in 2017 for a license to operate a medical marijuana dispensary. You are one of the investors in the Company. RO, BOX 1 1470, HARRISBURG, PA 17 [ 08-1470 . 7 17-783-16 1 0 ® 1-800-932-0936 - www.ethies.state.pa.us Bade , 17 -3002 Page 2 February 8, 2017 You note that there are no licensed facilities yet in Pennsylvania. You further state that it is not the intention of your son, you, or any of the other investors in the Company to locate a licensed facility in Radnor Township, and that if that ever would happen, you would seek further review by this Commission, resign your party position, or divest any interest you then had in the Company. Based upon the above submitted facts, you seek a determination from this Commission as to whether you would be subject to the restrictions of Section 2'101.1(a) and (b) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(a) -(b). By letter dated January 5, 2017, you were notified of the date, time and location of the public meeting at which your request would be considered. On January 18, 2017, this Commission received your Memorandum of Law, in which you contend that you are not a "party officer" subject to the restrictions of Section 2101.1(a) and (b) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(a) -(b), based upon the following points: (1) the applicable statutory definition of the term "party officer" is specific as to which types of municipal committee officers are included, namely, officers of city or county committees; 2) Radnor Township is not a "city" or "county" within the meaning of the statute; and (3) both a statutory construction analysis and a review of legislative debate involving this definition (see, Legislative Journal of House, 2004 Session, No. 50 at 1524, 1526) establish that the word city does not encompass Radnor Township. At the public meeting on January 25, 2017, you appeared for the purpose of answering any questions of the Commissioners. Ill. DISCUSSION: It is initially noted that determinations under Section 2101.1(d)(1) of the Medical Marijuana Act are issued by the State Ethics Commission to the requester based upon the acts that the requester has submitted. 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. Section 2101.1(a) and (b) of the Medical Marijuana Act provides as follows: Section 2101.1. Financial and employment interests. (a) Financial interests. --- Except as may be provided for the judiciary by rule or order of the Pennsylvania Supreme Court, an executive -level public employee, public official or party officer, or an immediate family member thereof, shall not intentionally or knowingly hold a financial interest in a medical marihuana organization or in a holding company, affiliate, intermediary or subsidiary thereof, while the individual is an executive -level public employee, public official or party officer and for one year following termination of the individual's status as an executive -level public employee, public official or party officer. (b) Employment. — Except as may be provided by rule or order of the Pennsylvania Supreme Court, no executive -level public employee, public official or party officer, or an immediate family member thereof, shall be Bade , 17 -3002 February 8, 2017 Page 3 employed by a medical marijuana organization or by any holding company, affiliate, intermediary or subsidiary thereof, while the individual is an executive -level public employee, public official or party officer and for one year following termination of the individual's status as an executive -level public employee, public official or party officer. 35 P.S. § 10231,2101.1(a) -(b). The Medical Marijuana Act defines the term "party officer" as it is defined in Section 1512(b) of the Pennsylvania Race Horse Development and Gaming Act ( "Gaming Act "), 4 Pa.C.S. § 1512(b). See, 35 P.S. § 10231.2101.1(e). Section 1512(b) of the Gaming Act defines the term "party officer" 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. 4 Pa.C.S. § 1512(b). There is no basis in the submitted facts to conclude that as Chairman of the Radnor Township Democratic Committee 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: (1) in any capacity with a national committee, State committee, executive committee of a State committee, or city committee; or (2) as a county chairman, vice chairman, counsel, secretary or treasurer of a county committee. The necessary determination of this Commission is that based upon the submitted facts, your service as Chairman of the Radnor Township Democratic Committee would not bring you within the definition of the term "party officer" as set forth in Section 1512(b) of the Gaming Act, 4 Pa.C.S. § 1512(b), and therefore you would not be suN ct to the restrictions of Section 2109.1(a) and (b) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(a)-(b). This determination is limited to addressing the specific question posed under Section 2101.1(d)(1) of the Medical Marijuana Act, 35 P.S. § 1023`1.2'101.1 (d)(1). IV. CONCLUSION: Based upon the submitted facts, your service as Chairman of the Ra nor oT wnsFiip Democratic Committee would not bring you within the definition of the term "party officer" 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 you would not be subject to the restrictions of Section 2101.1(a) and (b) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(a) -(b). B_addee , 17 -3002 February 8, 2017 Page 4 A person that relies in good faith on a determination issued by this Commission as to such person pursuant to Section 2101.1(4)(1) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(4)(1) 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, Nicolas A. Colafella Chair