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Home My WebLink About25-550 Confidential 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 November 17, 2025 To the Requester: 25-550 This responds to your letter dated October 29, 2025, by which you requested a confidential advisory from the Pennsylvania State Ethics Commission (“Commission”), seeking guidance as to the general issue presented below: Issue: Whethera \[Political Subdivision Public Officer’s\] receipt of a monetary or in-kind contribution to the \[Political Subdivision Public Officer’s\] authorized political committee from an officer, principal, owner, or employee of a business that wishes to enter into a contract with the \[Political Subdivision\] in and of itself would be a basis for the \[Political Subdivision Public Officer\]to have a conflict of interest under Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), with regard to voting on the approval of a \[Political Subdivision\]contract with thebusiness. Brief Answer:NO.The \[Political Subdivision Public Officer’s\]receipt of a contribution to the \[Political Subdivision Public Officer’s\]authorized political committee from an individual affiliated with abusiness in and of itself would not be a basis for the \[Political Subdivision Public Officer\]to have a conflict of interest in a matter pertaining tothe business. Accordingly, absent some basis for a conflict of interest such as a private pecuniary benefit to the \[Political Subdivision Public Officer\], a member of the \[Political Subdivision Public Officer’s\]immediate family, or a business with which the \[Political Subdivision Public Officer\]or a member of the \[Political Subdivision Public Officer’s\] immediate family is associated, the \[Political Subdivision Public Officer\]would not have a conflict of interest under Section 1103(a) of the Ethics Act with regard to voting on the approval of a \[Political Subdivision\]contract with thatbusiness. Facts: Confidential Advice, 25-550 November 17, 2025 Page 2 As the Solicitor for \[Name of Political Subdivision\] (“\[Political Subdivision\]”), you have been authorized by \[Political Subdivision Public Officers\] \[Names of Individuals\] (collectively, “the \[Political Subdivision Public Officers\]”) to request a confidential advisory from the Commission on their behalf. You have submitted facts that may be fairly summarized as follows. The current term of office for each \[Political Subdivision Public Officer\]expires in \[Month, Year\]. As elected officials, the \[Political Subdivision Public Officers\] regularly engage in fundraising activities to support their election to public office through the use of registered political committees. These political committees include political committees authorized by the \[Political Subdivision Public Officers\]to receive and disburse funds on behalf of their campaigns for election to public office. The \[Political Subdivision\] enters into contracts with vendors who provide goods and services to the \[Political Subdivision\] as part of its normal operations. These contracts are approved by votes of the \[Political Subdivision Public Officers\] at publicly advertised meetings. Based upon the above submitted facts, you pose the following questions: (1) Whether a \[Political Subdivision Public Officer\] who receives a monetary or in- kind contribution to the \[Political Subdivision Public Officer’s\] authorized political committee from an officer, principal, or owner of a business seeking a \[Political Subdivision\] contract would be required to abstain from voting on the approval of a non-publicly bid \[Political Subdivision\]contract with thatbusiness; (2) Whether a \[Political Subdivision Public Officer\] who receives a monetary or in- kind contribution to the \[Political Subdivision Public Officer’s\] authorized political committee from an officer, principal, or owner of a business seeking a \[Political Subdivision\] contract would be required to abstain from voting on the approval of a publicly bid \[Political Subdivision\] contract with that business; (3) If the answer to either of the two questions above is yes, whether there would be a specific dollar threshold of the \[Political Subdivision\] contract that would make the amount de minimis such that the \[Political Subdivision Public Officer\] would not be required to disclose his conflict of interest; (4) Whether a \[Political Subdivision Public Officer\] would be required to abstain from voting on the approval of a publicly bid or non-publicly bid \[Political Subdivision\] contract with a business if the \[Political Subdivision Public Officer’s\] authorized political committee receives a monetary or in-kind contribution from any employee of the business or only if the monetary or in-kind contribution is received from an employee who has decision-making authority as to the overall business or the specific contract in question; and (5) Whether, in the event of voting conflicts, the \[Political Subdivision Public Officers\] would be permitted to take action if they would follow the procedures outlined in Section 1103(j) of the Ethics Act. Confidential Advice, 25-550 November 17, 2025 Page 3 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 of the 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 of the material facts. Sections 1103(a) and 1103(j) of the Ethics Act provide: § 1103. Restricted activities (a)Conflict of interest.--No public official or public employee shall engage in conduct that constitutes a conflict of interest. (j) Voting conflict.--Where voting conflicts are not otherwise addressed by the Constitution of Pennsylvania or by any law, rule, regulation, order or ordinance, the following procedure shall be employed. Any public official or public employee who in the discharge of his official duties would be required to vote on a matter that would result in a conflict of interest shall abstain from voting and, prior to the vote being taken, publicly announce and disclose the nature of his interest as a public record in a written memorandum filed with the person responsible for recording the minutes of the meeting at which the vote is taken, provided that whenever a governing body would be unable to take any action on a matter before it because the number of members of the body required to abstain from voting under the provisions of this section makes the majority or other legally required vote of approval unattainable, then such members shall be permitted to vote if disclosures are made as otherwise provided herein. In the case of a three-member governing body of a political subdivision, where one member has abstained from voting as a result of a conflict of interest and the remaining two members of the governing body have cast opposing votes, the member who has abstained shall be permitted to vote to break the tie vote if disclosure is made as otherwise provided herein. 65 Pa.C.S. §§ 1103(a), (j). The following terms related to Section 1103(a) are defined in the Ethics Act as follows: Confidential Advice, 25-550 November 17, 2025 Page 4 § 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 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 duties 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. The use of authority of office is not limited merely to voting but extends 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. In each instance of a conflict of interest, a public official/public employee would be required to abstain from participation, which would include voting unless one of the statutory exceptions of Section 1103(j) of the Ethics Act would be applicable. Additionally, the disclosure requirements of Section 1103(j) of the Ethics Act would have to be satisfied in the event of a voting conflict. Per the Pennsylvania Supreme Court’s decision in Kistler v. State Ethics Commission, 610 Pa. 516, 22 A.3d 223 (2011), in order to violate Section 1103(a) of the Ethics Act, a public official/public employee: … must act in such a way as to put his \[office/public position\] to the purpose of obtaining for himself a private pecuniary benefit. Such directed action implies awareness on the part of the \[public Confidential Advice, 25-550 November 17, 2025 Page 5 official/public employee\] of the potential pecuniary benefit as well as the motivation to obtain that benefit for himself. Kistler, supra, 610 Pa. at 523, 22 A.3d at 227. To violate Section 1103(a) of the Ethics Act, a public official/public employee “must be consciously aware of a private pecuniary benefit for himself, his family, or his business, and then must take action in the form of one or more specific steps to attain that benefit.” Id., 610 Pa. at 528, 22 A.3d at 231. Conclusion: In applying the above provisions of the Ethics Act to the instant matter, you are advised as follows. Each of the \[Political Subdivision Public Officers\] is a public official subject to the provisions of the Ethics Act. Pursuant to Section 1103(a) of the Ethics Act, each \[Political Subdivision Public Officer\] generally would have a conflict of interest in matters before the \[Political Subdivision Governing Body\] that would financially impact the \[Political Subdivision Public Officer\], a member of the \[Political Subdivision Public Officer’s\]immediate family, or a business with which the \[Political Subdivision Public Officer\] or a member of the \[Political Subdivision Public Officer’s\] immediate family is associated. A public official’s receipt of a campaign contribution would not in and of itself form the basis of a conflict of interest for the public official in matters pertaining to the donor of the campaign contribution. As such, a \[Political Subdivision Public Officer’s\] receipt of a monetary or in-kind contribution to the \[Political Subdivision Public Officer’s\]authorized political committee from an individual affiliated with a business seeking a \[Political Subdivision\]contract in and of itself would not be a basis for the \[Political Subdivision Public Officer\] to have a conflict of interest in a matter involving the business, regardless of whether the contribution was made by an officer, principal, owner, or employee of the business. Additionally, whether a \[Political Subdivision Public Officer\]would have a conflict of interest with regard to awarding a \[Political Subdivision\] contract to a business would not depend upon whether the \[Political Subdivision\] contract was publicly bid or non-publicly bid. Furthermore, the dollar amount of a \[Political Subdivision\] contract would be a factor in a conflict of interest analysis only in circumstances where a \[Political Subdivision\]contract would be awarded to a business with which a \[Political Subdivision Public Officer\] or a member of the \[Political Subdivision Public Officer’s\]immediate family is associated. Accordingly, as to each \[Political Subdivision Public Officer\], you are advised as follows. If the \[Political Subdivision Public Officer\] would receive a monetary or in-kind donation to the \[Political Subdivision Public Officer’s\] authorized political committee from an individual affiliated with a business seeking a \[Political Subdivision\] contract, absent some basis for a conflict of interest such as a private pecuniary benefit to the \[Political Subdivision Public Officer\], a member of the \[Political Subdivision Public Officer’s\] immediate family, or a business with which the \[Political Subdivision Public Officer\] or a member of the \[Political Subdivision Public Officer’s\] immediate family is associated, the \[Political Subdivision Public Officer\] would not Confidential Advice, 25-550 November 17, 2025 Page 6 have a conflict of interest under Section 1103(a) of the Ethics Act with regard to votingonthe approval of a \[Political Subdivision\]contract with thatbusiness. In each instance of a conflict of interest, the \[Political Subdivision Public Officer\]would be required to abstain from participation, which would include voting unless one of the statutory exceptions of Section 1103(j) of the Ethics Act would be applicable. Additionally, the disclosure requirements of Section 1103(j) of the Ethics Act would have to be satisfied in the event of a voting conflict. 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 theAdvice 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 scheduledand a formal Opinion will be issued by the Commission. Any such appeal must be in writing and must be actually received at 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