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Home My WebLink About25-001 ConfidentialPHONE: 717-783-1610 STATE ETHICS COMMISSION FACSIMILE: 717-787-0806 TOLL FREE: 1-800-932-0936 FINANCE BUILDING WEBSITF: WWW.ethics. pa.aav 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 OPINION OF THE COMMISSION Before: Michael A. Schwartz, Chair David L. Reddecliff, Vice Chair Paul E. Parsells Robert P. Caruso DATE DECIDED: 10/10/2025 DATE MAILED: 10/10/2025 To the Requester: 25-001 This responds to your letter dated September 25, 2025, by which you requested a confidential advisory opinion from this Commission. t I. ISSUE: Whether Section It 03(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C,S. § 1103(a), pertaining to conflict of interest, would impose prohibitions or restrictions upon A of B with regard to the installation and implementation of recommended C at A's D at the expense of B. II. FACTUAL BASIS FOR DETERMINATION: You request a confidential advisory opinion from this Commission based upon submitted facts that may be fairly summarized as follows. You are A of B. On [Date], an E [Engaged in a Particular Action]. You and F were not G by this [Type of Action]. After this H to you and F's I, the J [Took Certain Steps]. The resulting recommendations included implementing C at D where you and F K. The C recommended for D include L that would become M to the N of D. It would be impractical and expensive to remove the M following the termination of your service in your current public position. You assert that O to you and F will not cease upon the expiration of your service as A. 'Commissioner Emilia McKee Vassallo recused from this matter and did not participate in any of the deliberations. Confidential O ioiion, 25-001 October 10, 2025 Page 2 Based upon the above submitted facts, you pose the following questions: (1) Whether the Ethics Act would impose prohibitions or restrictions upon you with regard to the installation and implementation of the recommended C at D and any accompanying legal or administrative costs; and (2) Whether the Ethics Act would require that any recommended C installed at D be removed, either at cost to B or at your own personal cost, following termination of your service as A. By letter dated October 7, 2025, you were notified of the date and time of the executive teleconference meeting at which your advisory opinion request would be considered. At the executive teleconference meeting on October 10, 2025, the following individuals appeared on your behalf. [Names of Individuals]. [Name of Individual] offered additional connirentaiy and information for the Commission's consideration. 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), Opinions are issued to the requester based upon the facts that the requester has submitted. In issuing a ruling 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 material facts relevant to the inquiry. 65 Pa.C.S. §§ 1107(10), (11). An Opinion only affords a defense to the extent the requester has truthfully disclosed all material facts. As A of B, 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 Confidential Opinion, 25-001 October 10, 2025 Page 3 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 dirties and responsibilities unique to a particular public office or position of public employment. 65 Pa.C.S. § 1102. Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or "conflict of interest" (i.e., the "de minimis exclusion" and the "class/subclass exclusion"), 65 Pa. C.S. § 1102, a public official/public employee is prohibited from using the authority of public office or confidential information received by holding such a public position for the private pecuniary (financial) benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. In each instance of a conflict of interest, the public official/public employee would be required to abstain from participation. The abstention requirement would extend to any use of authority of office including, but not limited to, discussing, conferring with others, and lobbying for a particular result. Juliante, Order 809. It is clear that at times, a public official/public employee, simply as a result of being in the public position, may be P to [Certain Circumstances]. Depending upon the circumstances of a particular situation, reasonable C may be necessary in order to Q a public official/public employee from being P to O due to service in the public position. The nature of the C to be implemented may depend in part upon whether the O extends to times when the public official/public employee is not engaged in performing the duties of the public position or extends to include the R of the public official/public employee. The necessary conclusion is that the implementation of reasonable C would not constitute a private pecuniary benefit or financial gain to the public official/public employee or their R where the C would not be needed but for the public official/public employee facing the unwarranted burden of being P to O due to public service. To conclude otherwise would impose an additional unwarranted burden on the public official/public employee of having to either incur expenses for C as a private cost associated with engaging in public service or forego C and accept O as an S associated with engaging in public service. Upon consideration of the submitted facts, it is our determination that the installation and implementation of C at D upon recommendation of J and at B expense would not constitute a private pecuniary benefit to you or F, as those C would not be needed but for you being P to 0 as Confidential Opinion, 25-001 October 10, 2025 Page 4 a result of engaging in public service. Therefore, Section 1103(a) of the Ethics Act would not impose prohibitions or restrictions upon you with regard to the installation and implementation of such C while you are serving as A. Given that O to you and F might not fully abate upon termination of your service in your current public position and that it would be costly for B to remove the C, the Ethics Act would not prohibit you from retaining the C upon termination of your service as A subject to the condition that B would not be responsible for any costs associated with your retention or fixture use of the C. Conclusion - As A of B, you area public official subject to the Ethics Act. Section 1103(a) of the Ethics Act, pertaining to conflict of interest, generally prohibits a public official/public employee from using the authority of public office or confidential information received by holding such a public position for the private pecuniary (financial) benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Based upon the submitted facts, the installation and implementation of C at D upon recommendation of J and at B expense would not constitute a private pecuniary benefit to you or F, as those C would not be needed but for you being P to 0 as a result of engaging in public service. Therefore, Section 1103(a) of the Ethics Act would not impose prohibitions or restrictions upon you with regard to the installation and implementation of such C while you are serving as A. Given that O to you and F might not fully abate upon termination of your service in your current public position and that it would be costly for B to remove the C, the Ethics Act would not prohibit you from retaining the C upon termination of your service as A subject to the condition that B would not be responsible for any costs associated with your retention or fixture use of the C. The propriety of the proposed course of conduct has only been addressed under the Ethics Act. Pursuant to Section 1107(10) of the Ethics Act, 65 Pa.C.S. § 1107(10), the person who acts in good faith on this Opinion issued to him shall not be subject to criminal or civil penalties for so acting provided the material facts are as stated in the request. This letter is a public record and will be made available as such. By the Commission, i l Michael A. Schwarz Chair