The URL can be used to link to this page

Home My WebLink About25-2001, PoliPHONE:717-783-1610 STATE ETHICS COMMISSION FACSIMILE: 717-787-0806 TOLL FREE:1-800-932-0936 FINANCE BUILDING WEBSITE:www.ethics.oa.aov 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 DETERMINATION OF THE COMMISSION Before; Michael A. Schwartz, Chair David L. Reddecliff, Vice Chair Paul E. Parsells Robert P. Caruso Emilia McKee Vassallo DATE DECIDED: 7/23/25 DATE MAILED: 7/24/25 25-2001 To the Requester - John Eric Poli Dear Mr. Poli; This is in response to your letter received May 22, 2025, 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)(1). I. ISSUE: Whether the Requester's service as an Auditor for Hughestown Borough in Luzerne County, Pennsylvania, would bring him 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 therefore cause him to be subject to the restrictions of Section 1512(a.1) of the Gaming Act, 4 Pa.C.S. § 1512(a.1). II. 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 been employed as a barback with Mohegan Pennsylvania Casino Resort in Wilkes Barre, Luzerne County, Pennsylvania, since June 2012. Your duties as a barback include assisting bartenders and beverage servers with preparing drinks and ensuring that the bars are stocked with the correct products. As a barback, you are registered as a nongaming employee with the Pennsylvania Gaming Control Board ("Gaming Control Board"). Even though you were not seeking election to any office in the general election of November 2021, you were elected as an Auditor for Hughestown Borough, Luzerne County, as a result of receiving write-in votes. As an Auditor you are paid $400 each year for reviewing budget reports and information pertaining to financial accounts. Poli, 25-2001 July 24, 2025 Page 2 On January 8, 2025, you submitted an application for renewal of your nongaming employee registration to the Gaming Control Board. During the course of the Gaming Control Board's investigation into your background as part of the renewal application process, you disclosed your status as an Auditor for Hughestown Borough. The Gaming Control Board's Office of Enforcement Counsel noted that Mohegan Pennsylvania Casino Resort and Hughestown Borough are both located in Luzerne County and raised a concern 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. At the request of the Gaming Control Board, you seek a determination from this Commission as to whether your service as an Auditor for Hughestown Borough would bring you within the definition of the term "public official" set forth in Section 1512(b) of the Gaming Act and would therefore cause you to be subject to the restrictions of Section 1512(a.1) of the Gaming Act. We take administrative notice of the following. Pursuant to Sections 13A63 and 1403 of the Gaming Act, 4 Pa.C.S. §§ 13A63, 1403, licensed casinos must pay a local share assessment levied against revenue generated by gaming, which the Commonwealth collects and distributes to counties and municipalities to mitigate the impact of gaming and related activities. All counties and municipalities that receive distributions of Iocal share assessments are required to submit information to the Pennsylvania Department of Community and Economic Development ("DCED") identifying the amount and use of the funds received. DCED is required to submit an annual report to various legislative committees on all distributions of local share assessments to counties and municipalities. The 2024 Local Share Funds Annual Report issued by DCED provides that Hughestown Borough received a distribution of local share assessments totaling $11,709 in 2024. Local Share Funds Annual Reports issued by DCED for prior years further reflect that Hughestown Borough received distributions of local share assessments totaling $500,000 in 2015, $100,000 in 2017, and $115,000 in 2020. By letter dated July 1, 2025, you were notified of the date, time and location of the public meeting at which your request would be considered. 111. DISCUSSION: It is initially noted that determinations under Section 1512(a.5)(1) of the Gaming Act are issued by the Commission to the requester based upon the facts 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 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. Poli, 25-2001 July 24, 2025 Page 3 (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. (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). Section 806 of the Borough Code, pertaining to the election of officers, provides in pertinent part that unless a borough provides by ordinance for the appointment of an independent auditor, the electors of a borough may elect three auditors. See, 8 Pa.C.S. § 806(a)(3). In considering the submitted and administratively noted facts, it is clear that paragraph 3 of the above definition of the term "public official" would apply to you. As an elected Auditor for Hughestown Borough, you are an individual elected to an office of a municipality. Per DCED's Local Share Funds Annual Reports for 2024 and earlier years, Hughestown Borough is a direct recipient of distributions of revenue under the local share assessment system established by the Gaming Act. Therefore, as an elected Auditor for Hughestown Borough, you are "an individual elected or appointed to any office of a county or municipality that directly receives a distribution of revenue under [the Gaming Act]." Accordingly, the necessary determination of this Commission is that based upon the submitted and administratively noted facts, you are a "public official" as Section 1512(b) of the Gaining Act defines that term, and therefore you are subject to the restrictions of Section 1512(a.1) of the Gaming Act. This determination is limited to addressing the specific question posed under Section 1512(a.5)(1) of the Gaming Act. IV. CONCLUSION: Poli, 25-200I July 24, 2025 Page 4 Based upon the submitted and administratively noted facts, as an Auditor for Hughestown Borough, Luzerne County, Pennsylvania, you are a "public official" as Section 1512(b) of the Pennsylvania Race Horse Development and Gaming Act ("Gaming Act"), 4 Pa.C.S. § 1512(b), defines that term, and therefore you are 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 Co mission, Michael A. Schwartz Chair