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To the Requester:
ADVICE OF COUNSEL
December 1, 2017
Honorable Brad Roae
State Representative
Pennsylvania House of Representatives
Dear Representative Roae:
FACSIMILE: 717 -787 -0806
WEBSITE: www.ethics. a. ov
17 -579
This responds to your letter dated October 19, 2017, by which you requested an
advisory from the Pennsylvania State Ethics Commission ( "Commission ").
Issue: Whether the Public Official and Employee Ethics Act ( "Ethics Act "), 65
�
�S. § 1101 et seg., would impose prohibitions or restrictions upon a Member of the
Pennsylvania House of Representatives with regard to accepting an invitation from a
state - related university to be its guest at a professional football game or other event.
Facts: As a Member of the Pennsylvania House of Representatives, you request
an from the Commission based upon the following submitted facts.
A state - related university has engaged in an aggressive lobbying effort to get you
to vote yes on legislation that would provide state funding to the university for the 2017-
2018 fiscal year. The state - related university invited you to be its quest at a professional
football game at no cost to you. You declined the university s Invitation but could
receive similar offers from state - related universities that would not be made to you if you
did not hold public office.
You seek guidance as to whether the Ethics Act would impose prohibitions or
restrictions upon you with regard to accepting an invitation from a state - related
university to be its guest at a professional football game or other event. In particular,
you ask whether accepting such an invitation would be considered accepting a bribe
i.e., improper influence in violation of Sections 1103(b)- 1103(c) of the Ethics Act).
Discussion: It is initial) noted that pursuant to Sections 1107(10) and 1107(l 1) of
e Ethics Act, 65 Pa.C.S. y§§ 1107(10), (11), advisories are issued to the requester
based upon the facts that the requester has submitted. In issuing the advisory 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
Roae, 17 -579
TTcember 1, 2017
Page 2
facts relevant to the inquiry. 65 Pa.C.S. §§ 1107(10), (11). An advisory only affords
defense to the extent the requester has truthfully disclosed all of the material facts.
As a Member of the Pennsylvania House of Representatives, you are a public
official subject to the provisions of the Ethics Act.
Section 1103(a) of the Ethics Act provides:
§ 1103. Restricted activities
(a) Conflict of interest. - -No public official or public
employee shall engage in conduct that constitutes a conflict
of interest.
65 Pa.C.S. § 1103(a).
The following terms related to Section 1103(a) are defined in the Ethics Act as
follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate
family or a business with which he or a member of his
immediate family is associated. The term does not include
an action having a de minimis economic impact or which
affects to the same degree a class consisting of the general
public or a subclass consisting of an industry, occupation or
other group which includes the public official or public
employee, a member of his immediate family or a business
with which he or a member of his immediate family is
associated.
"Authority of office or employment." The actual
power provided by law, the exercise of which is necessary to
the performance of duties and responsibilities unique to a
particular public office or position of public employment.
65 Pa.C.S. § 1102.
Per Commission precedent, the Ethics Act does not prohibit a public
official/public employee from accepting "no- strings - attached" gifts, transportation,
lodging or hospitality (also generically referred to herein as "items' from a donor. Cf.,
Cooper, Opinion 92 -009. Such item(s) received by a public official/public employee
may form the basis for a conflict of interest pursuant to Section 1103(a) of the Ethics Act
if the public official/public employee takes action in furtherance of the interests of the
donor. However, to the extent the activities of a state legislator would relate to
"legislative actions" introducing, considering., debating, voting, enacting, adopting, or
approving legislation, they would be constitutionally controlled and exempt from the
purview of the Ethics Act and the State Ethics Commission. See, Corrigan, Opinion 87-
001.
Sections 1103(b) and 1103(c) of the Ethics Act, 65 Pa.C.S. §§ 1103(b), (c),
provide in part that no person shall offer or give to a public official/public employee
anything of monetary value and no public official/public employee shall solicit or accept
Roae, 17 -579
member 1, 2017
Page 3
anything of monetary value based upon the understanding that the vote, official action,
or judgment of the public official /public employee would be influenced thereby. See,
etc ., Kasabacl<, Order 993; Helsel, Order 801; Volpe, Order 579 -R; Smith, Order 57H -fz.
Subject to certain statutory exceptions not applicable to this matter, Section
1105(b)(7) of the Ethics Act, 65 Pa.C.S. § 1105)b)(7), requires a public official/public
employee to disclose on his Statement of Financial( jlnterests the name and address of
the source and the amount of any payment for or reimbursement of actual expenses for
transportation and lodging or hospitality received in connection with public office or
employment where such actual expenses exceed $650 in an aggregate amount per
year.
Having set forth the above general principles, you are advised as follows.
The Ethics Act would not prohibit you from accepting an invitation from a state -
related university to be its guest at a professional football game or other event, subject
to the condition that there would be no improper influence prohibited by Sections
1103(b)- 1103(c) of the Ethics Act.
The Ethics Act would not apply to restrict you with regard to "legislative actions"
pertaining to such a state- related university.
To the extent the reporting threshold of Section 1105(b)(7) of the Ethics Act
would be met, you would be required to satisfy the disclosure requirements of the Ethics
Act as to any lodging, transportation, or hospitality received from a state-related
university in connection with being its guest at a professional football game or other
event. (It is parenthetically noted that meals, bevera es, and recreation and
entertainment would constitute hospitality. See, 65 Pa.C.S. §g§ 1102, 13A03.)
Act. The propriety of the proposed conduct has only been addressed under the Ethics
Conclusion: As a Member of the Pennsylvania House of Representatives, you
are a pu lic official subject to the provisions of the Public Official and Employee Ethics
Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et sec.. Based upon the submitted facts that: (1) a
state - related university has engaged in an aggressive lobbying effort to get you to vote
yes on legislation that would provide state funding to the university for the 2017 -2018
fiscal year; (2) the state - related university invited you to be its guest at a professional
football game at no cost to you; (3) you declined the university's invitation but could
receive similar offers from state - related universities that would not be made to you if you
did not hold public office, you are advised as follows.
The Ethics Act would not prohibit you from accepting an invitation from a state -
related university to be its guest at a professional football game or other event, subject
to the condition that there would be no improper influence prohibited by Sections
1103(b)- 1103(c) of the Ethics Act.
The Ethics Act would not apply to restrict you with regard to "legislative actions"
pertaining to such a state - related university.
To the extent the reporting threshold of Section 1105(b)(7) of the Ethics Act
would be met, you would be required to satisfy the disclosure requirements of the Ethics
Act as to any lodging, transportation, or hospitality received from a state - related
university in connection with being its guest at a professional football game or other
event. (It is parenthetically noted that meals, beverages, and recreation and
entertainment would constitute hospitality. See, 65 Pa.C.S. §§ 1102, 13A03) Lastly,
the propriety of the proposed conduct has onTyTeen addressed under the Ethics Act.
Roae, 17 -579
N—cerriber 1, 2017
Page 4
Pursuant to Section 1107(11) of the Ethics Act, an Advice is a complete defense
in any enforcement proceeding initiated by the Commission, and evidence of good faith
conduct in any other civil or criminal proceeding, provided the requester has disclosed
truthfully all the material facts and committed the acts complained of in reliance on the
Advice given.
This letter is a public record and will be made available as such.
Finally, if you disagree with this Advice or if you have any
reason to challenge same, you may appeal, the Advice to the full
Commission. A personal appearance before the Commission will be
scheduled and a formal Opinion will be issued by the Commission.
Any such appeal must be in writingg and must be actual)
received at the Commission within thirty (30) days of the date
Advice pursuant to 51 Pa. Code § 13.2(h). The appeal may be
received at the Commission by hand delivery, United States mail,
delivery service, or by FAX transmission (717- 787 - 0806). Failure to
file such an appeal at the Commission within thirty (30) days may
result in the dismissal of the appeal.
Sinc r ly,
,UU
Robin M. Hittie
Chief Counsel