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PHONE: 717-783-1610 STATE ETHICS COMMISSION FACSIMILE: 717-787-0806
TOLL FREE: 1-800-932-0936 FINANCE BUILDING WEBSITE: www.ethics.pa.gov
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
ADVICE OF COUNSEL
April 21, 2025
To the Requester:
25-520
This responds to your letter dated April 7, 2025, by which you requested a confidential
advisory from the Pennsylvania State Ethics Commission (“Commission”), seeking guidance as
to the issue presented below:
Issue:
WhetherSection 1103(d) of the Public Official and Employee Ethics Act (“Ethics Act”),
65 Pa.C.S. § 1103(d), which prohibits a public official/public employee from accepting an
honorarium, would prohibit an \[Elected Official\] from accepting: (1) payment from a \[Type
of Entity\] for travel and accommodation expenses related to the \[Elected Official’s\]
attendance at an awards ceremonyheld by the \[Type of Entity\]; or (2) additional seats at
the awardsceremony for the \[Elected Official’s\]guests.
Brief Answer: NO. Neither payment for the \[Elected Official’s\]travel and accommodation
expensesrelated to the \[Elected Official’s\]attendance at the awards ceremony nor
additional seats at the awards ceremony for the \[Elected Official’s\]guests would constitute
an “honorarium” as that term is defined by the Ethics Act. Therefore, Section 1103(d) of
the Ethics Act would not prohibit the \[Elected Official\]from accepting payment for the
travel and accommodation expenses and the additional seats at the awards ceremony.
Facts:
You request a confidential advisory from the Commission on behalf of a \[Type of Elected
Official\] (“the Elected Official”). You have submitted facts that may be fairly summarized as
follows.
Confidential Advice, 25-520
April 21, 2025
Page 2
Each year a \[Type of Entity\] (“the Entity”) that\[Engages in a Certain Activity\] nominates
a \[Type of Individuals\] for an award. The award honors \[Individuals Who Demonstrate Certain
Character Traits\]. In order to accept the nomination, a nominee must agree to attend theEntity’s
awards ceremony. Once the list of nominees is publicly revealed, the public may submit votes
online. The nominee with the most votes receives the award at the Entity’s awards ceremony.
The Elected Official was nominated for the Entity’s award earlier this year. In order to
accept the nomination, the Elected Official agreed to attend the Entity’s awards ceremony. Public
voting on the nominees ended on \[Date\], and the winner was announced in the following week.
The Elected Official was not the winner of the Entity’s award.
The Entity’s awards ceremony will take place in \[Month, Year\]. As part of hosting the
awards ceremony, the Entity offered all nominees payment for the costs of travel to and from, and
accommodations at, the awards ceremony. The Entity also offered all nominees additional seats
at the awards ceremony for any guests of the nominees.
Based upon the above submitted facts, you ask whether Section 1103(d) of the Ethics Act,
which prohibits a public official/public employee from accepting an honorarium, would prohibit
the Elected Official from accepting: (1) payment from the Entity for travel and accommodation
expenses related to the Elected Official’s attendance at the Entity’s awards ceremony; or (2)
additional seats at the Entity’s awards ceremony for the Elected Official’s guests.
Discussion:
It is initially noted that pursuant to Sections 1107(10) and 1107(11) of the Ethics Act, 65
Pa.C.S. §§ 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 material facts relevant to the inquiry. 65 Pa.C.S. §§ 1107(10), (11). An advisory only
affords a defense to the extent the requester has truthfully disclosed all material facts.
Section 1103(d) of the Ethics Act prohibits a public official/public employee from
accepting an honorarium:
§ 1103. Restricted activities.
(d) Honorarium.--No public official or public employee
shall accept an honorarium.
65 Pa.C.S. § 1103(d).
The Ethics Act defines the term “honorarium” as follows:
§ 1102. Definitions
Confidential Advice, 25-520
April 21, 2025
Page 3
“Honorarium.”Payment made in recognition of published
works, appearances, speeches and presentations and which is not
intended as consideration for the value of such services which are
nonpublic occupational or professional in nature. The term does not
include tokens presented or provided which are of de minimis
economic impact.
65 Pa.C.S. § 1102.
Section 1103(d) of the Ethics Act is an absolute prohibition against accepting honoraria.
The statutory definition of “honorarium” generally includes payments that are made in recognition
of speaking engagements/presentations, appearances, and published works, but excludes such
payments if: (1) they are legitimately intended as consideration for the value of such services; and
(2) they are undertaken in the public official’s/public employee’s private professional or
occupational capacity and are not related to the public position. Sims, Order No. 1769;
Confidential Opinion, 14-007; Confidential Opinion, 01-001.
Conclusion:
In applying the above provisions of the Ethics Act to the instant matter, you are advised as
follows.
As a \[Type of Elected Official\], the Elected Official is a public official subject to the
provisions of the Ethics Act. Neither the Entity’s payment of the Elected Official’s travel and
accommodation expenses related to the Elected Official’s attendance at the Entity’s awards
ceremony nor additional seats at the Entity’s awards ceremony for the Elected Official’s guests
would constitute an “honorarium” as that term is defined by the Ethics Act because neither the
payment of the travel and accommodation expenses nor the additional seats would be considered
a “payment made in recognition” of the Elected Official’s attendance at the Entity’s awards
ceremony. Therefore, Section 1103(d) of the Ethics Act would not prohibit the Elected Official
from accepting payment from the Entityfor the Elected Official’s travel and accommodation
expenses related to her attendance at the Entity’s awards ceremony or additional seats at the
Entity’s awards ceremony for her guests.
Lastly, the propriety of the proposed conduct has only been addressed under the Ethics Act.
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.
Confidential Advice, 25-520
April 21, 2025
Page 4
Any such appeal must be in writing and must be actually receivedat the Commission within
thirty (30) days of the date of this 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.
Respectfully,
Bridget K. Guilfoyle
Chief Counsel