HomeMy WebLinkAboutDefinition of Public Official and Executive Level Public Employee DEFINITION OF "PUBLIC OFFICIAL"AND "EXECUTIVE-LEVEL PUBLIC EMPLOYEE"
AS IT PERTAINS TO THE MEDICAL MARIJUANA ACT
"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 from the fund.
(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
from the fund.
(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 medical marijuana organization or who is involved in other
matters under this act.
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, 2017, and who no longer holds the office as of January 1, 2017.
35 Pa. §10231.101 etsea.
Section 2101.1(d)(2) of the Medical Marijuana Act directs that the term "executive-level public employee"
be defined as stated within the Pennsylvania Race Horse Development and Gaming Act (4 Pa.C.S. § 1512(b).
The Gaming Act therefore defines "executive-level public employee" as:
"Executive-level public employee." The term shall include the following:
(1) Deputy Secretaries of the Commonwealth and the Governor's Office executive staff.
(2) An employee of the executive branch whose duties substantially involve licensing or enforcement
under this part, who has discretionary power which may affect or influence the outcome of a Commonwealth
agency's action or decision or who is involved in the development of regulations or policies relating to a licensed
entity. The term shall include an employee with law enforcement authority.
(3) An employee of a county or municipality with discretionary powers which may affect or
influence the outcome of the county's or municipality's action or decision related to this part or who is involved
in the development of law, regulation or policy relating to matters regulated under this part. The term shall
include an employee with law enforcement authority.
(4) An employee of a department, agency, board, commission, authority or other governmental body
not included in paragraph (1), (2), or(3) with discretionary power which may affect or influence the outcome of
the governmental body's action or decision related to this part or who is involved in the development of
regulation or policy relating to matters regulated under this part. The term shall include an employee with law
enforcement authority.
"Law enforcement authority." The power to conduct investigations of or to make arrests for criminal offenses.
4 Pa.C.S. § 1103.