HomeMy WebLinkAbout23-2001 LovenheimPHONE: 717-783-1610 STATE ETHICS COMMISSION FAGSMLE: 717-787-0806
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HARRISBURG, PA 17120-0400
DETERMINATIO"IN OF THE COMMILSSIOLill
Before: Shelley Y. Simms, Chair
Michael A. Schwartz, Vice Chair
Rhonda I -Till Wilson
Paul E. Parsells,
David L. Reddecliff
Robert P. Caruso
DATE DECIDED: 1/24/23
DATE MAILED: 1/26/23
To the Requester:
23-2001
Robert Lovenheim
Dear Mr. Lovenheim:
This is in response to your letter dated December 16, 2022, by which you requested a
determination from this Commission pursuant to Section 1512(a.5)(1) of the Pennsylvania Race
Horse Development and Gaming Act ("Gaming Act"), 4 Pa.C.S. § 1512(a.5)(I).
I. ISSUE:
Whether the Requester's service as a township Supervisor for Smithfield Township in
Monroe County would bring him within the definition of the term "public official" set forth in
Section 1512(b) of the Gaming Act, and therefore cause him to be subject to the restrictions of the
Gaming Act at 4 Pa. C.S. § 1512(a. 1).
11. FACTUAL BASIS, FOR DETERMINATION:
You request a determination from this Commission pursuant to Section 1512(a.5)(1) of the
Gaming Act based upon the following submitted facts.
You have applied for a gaming employee occupation permit for a part-time position on the
security staff at Mt. Airy Casino in Paradise Township, Monroe County, Pennsylvania. In your
application, you disclosed to the Pennsylvania Gaming Control Board ("Board") that you are all
elected township supervisorfor Smithfield Township which also is located in Monroe County.
The Board denied your application based upon the conclusion that you may be considered
a "public official" as defined by Section 1512(b) of the Gaming Act due to your status as an elected
official in Smithfield Township. The Board noted that both Smithfield Township and Mt. Airy
Lovenheim, 22-2001
January 26, 2023
Page 2
Casino are located in Monroe County. At the request of the Board, you seep a determination from
this Commission as to whether service as a township supervisor in Smithfield Township would
bring you within the definition of the term "public official" set forth in Section 1512(b) of the
Gaming Act, 4 Pa.C.S. § 1512(b), and would therefore cause you to be subject to the restrictions
of the Gaming Act at 4 Pa.C.S. § 1512(a.1).
You state that Smithfield Township receives no direct distribution of gaming revenue from
Mt. Airy Casino, Paradise Township, or Pocono Mountain School District where the casino is
located. The only monetary benefit that Smithfield Township is eligible to receive from gaming
revenue is the Local Share grant awards program that is administered and controlled by the
Pennsylvania Department of Community and Economic Development ("DCED"). DCED chooses
the grant recipients, and if a grant is awarded, it is not considered revenue but rather a balance
sheet asset that shall be used only for the specific purpose for which the grant was awarded.
By letter dated .January 24, 2023, you were notified of the date, time and location of the
public meeting at which your request would be considered. You appeared at the meeting and
offered commentary consistent with the information provided in your written request for
determination.
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 a]I of the material facts. Id.
Section 1512(b) of 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.
Lovenheim, 22-2001
Jamiary 26, 2023
Page 3
(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.
This 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" clearly would not
apply to you because they list particular public positions that you do not hold. Paragraphs 3 and 4
of the above definition of the term "public official" would not apply to you because Smithfield
Township does not directly receive a distribution of revenue under the Gaming Act.
While Mt. Airy Casino and Smithfield Township are located in the same county, that, in
and of itself, does not establish that Smithfield Township receives a direct distribution of gaming
revenue. Indeed, there is no submitted information to suggest that Smithfield Township receives a
direct distribution of revenue under the Gaining Act. The only funds that arguably may be
attributed to gaming revenue are the Local Share grant awards which are awarded and administered
exclusively by DCED. Even the most expansive definition of "directly receives" would not
encompass the grants under this DCED program.
Paragraph 5 of the definition of "public official" would not apply to you because there is
no indication in the submitted facts that a position on the Smithfield Township Board of
Supervisors would have any involvement in: (1) developing regulation or policy related to a
licensed entity in another township under the Gaming Act; or (2) other matters relating to the
Gaming Act.
The necessary determination of this Commission is that based upon the submitted facts,
your service as a township supervisor for Smithfield Township in Monroe County would not bring
you within the definition of the term "public official" set forth in Section 1512(b) of the Gaming
Act, and therefore would not cause you to be subject to the restrictions of the Gaming Act at 4
Pa.C.S. § 1512(a.1).
This determination is limited to addressing the specific question posed under Section
1512(a.5)(1) of the Gaming Act, 4 Pa.C.S. § 1512(a.5)(1).
IV. CONCLUSION:
Lovenheim, 22-2001
.January 26, 2023
Page 4
Based upon the submitted facts, your service as a township supervisor for Smithfield
Township in Monroe County would not bring you within the definition of the term "public official"
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 would not cause you to be subject to the
restrictions of Section 1512(a.1) of the Gaming Act, 4 Pa.C.S. § 1512(a.1).
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,
V-�, U
Shelley
Chair