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Home My WebLink About17-3003 MoskiSTATE 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 Feeleyy Melanie DePalma DATE DECIDED: 3129/17 DATE MAILED: 4110117 17 -3003 To the Requester: Karen C. Moski, Executive Director Hospice of Metropolitan Erie, Inc. Dear Ms. Moski: This is in response to your letter of January 31, 2017, 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 20'16, 35 S. § 10231.2'101.1(d)(I ). I. ISSUE: Whether an individual serving as an elected member of the Executive Committee of the Pennsylvania Democratic Party 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 Section 2101.1(d)(1) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1 id)(1�. You have submitted facts, the material portion of which may be fairly summarized as ollows. You serve as the Executive Director of a non - profit hospice provider named "Hospice of Metropolitan Erie, Inc." ( "Hospice of Metropolitan Erie "). In 2015 Hospice of Metropolitan Erie created a for - profit entity named "Northwest Project for Wellness" to generate funds to support the charitable work of the non - profit. Northwest Project for Wellness plans to a ply for a Medical Marijuana Dispensary license. The operations of Hospice of Metropolitan Erie and Northwest Project for Wellness will be kept separate with different accountants and board members, but Hospice of Metropolitan Erie plans to provide a loan from its reserves to Northwest Project for Wellness to launch the start- up of the dispensary. P.O. BOX 1 1470, HARRISBURG, PA 17108-1470 • 717- 783 -1610 • 1- 800 - 932 -0936 • www.ethics.state.pa.us Moski, 17 -3003 Apri 0, 2017 Page 2 You are a paid employee of Hospice of Metropolitan Erie, and you have also been identified as an unpaid operations manager for the Northwest Project for Wellness. Additionally, you are an elected member of the Executive Committee of the Pennsylvania Democratic Party (Senate District 49). In your request letter, you requested an "advisory opinion" regarding your activities as they may relate to the Medical Marijuana Act. You were informed by. letter dated February 3, 2017, from this Commissions Chief Counsel, that this Commission has statutory authority to issue "determinations" but not advisory opinions under the Medical Marijuana Act. Accordingly, our response to your request is necessarily limited to addressing whether you would 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). By letter dated March 1, 2017, you were notified of the date, time and location of the public meeting at which your request would be considered. Ili. 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) -(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 marijuana organization or in a holding company, affiliate, intermediarryy 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 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 part 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). Moski, 17 -3003 A� 0, 2017 Page 3 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). As an elected member of the Executive Committee of the Pennsylvania Democratic Party, you would fall squarely within the above definition of the term "party officer" as a "member of the executive committee of a State committee." The necessary determination of this Commission is that based upon the submitted facts, your service as an elected member of the Executive Committee of the Pennsylvania Democratic Party would 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 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). This determination is limited to addressing the specific question posed under Section 2101.1(d)(1) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(d)(1). This Commission may not address your other questions, and it is recommender that you obtain legal advice regarding same. IV. CONCLUSION. Based upon the submitted facts, your service as an elected member o the E xecutive Committee of the Pennsylvania Democratic Party would 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 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). A person that relies in good faith on a determination issued by this Commission as to such person pursuant to Section 2101.1(d)(1) of the Medical Marijuana Act, 35 P.S. § 10231.2101.1(d)(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 he Commission, a Ni ho OasA. ola fella Chair