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HomeMy WebLinkAbout26-512 O'Donnell 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 304 HARRISBURG, PA 17120-0400 ADVICE OF COUNSEL February 26, 2026 To the Requester: Jared O’Donnell 26-512 Dear Mr. O’Donnell: This responds to your letter received February 17, 2026, by which you requested an advisory from the Pennsylvania State Ethics Commission (“Commission”), seeking guidance as to the general issue presented below: Issue: Whether the existence of a prior coordinated political campaign relationship between two school directors would serve as a basis for one of the school directors 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 a matter that directly involves the other school director. Brief Answer: NO. The existence of a prior coordinated political campaign relationship between the two school directors would not be a basis for the first school director to have a conflict of interest with regard to voting on a matter that directly involves the second school director. Accordingly, absent some basis for a conflict of interest such as a private pecuniary (financial) benefit to the first school director, a member of his immediate family, or a business with which he or a member of his immediate family is associated, the first school director would not have a conflict of interest under Section 1103(a) of the Ethics Act with regard to voting on a matter that directly involves the second school director. Facts: Yourequest an advisory from the Commission based upon the following submitted facts. O’Donnell, 26-512 February 26, 2026 Page 2 You are a School Director for the Hazleton Area School District (“School District”). During the most recent election cycle, you campaigned for your seat on the School District School Board alongside other individuals who were also candidates for election to the School District School Board. The coordinated political campaign activities of you and the other candidates included joint fundraising efforts, shared advertising and promotional materials, and the use of a joint bank account for the purpose of raising and expending political campaign funds. You are currently serving on the School District School Board along with individuals who participated in these coordinated political campaign activities. You pose the following questions: (1) Whether the existence of a prior coordinated political campaign relationship between you and another School Director would cause you to have a conflict of interest with regard to voting on a matter directly involving that School Director; (2) Whether you would be required to publicly disclose a conflict of interest and abstain from voting even if the matter would not involve a direct or indirect financial interest; and (3) More broadly, whether participation on a coordinated “political ticket” or joint campaign effort alters the classification of School Directors from “disinterested parties” to “interested parties” for purposes of Section 1103(j) of the Ethics Act when official actions involve one another. 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 O’Donnell, 26-512 February 26, 2026 Page 3 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: § 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. O’Donnell, 26-512 February 26, 2026 Page 4 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 employeehimself, 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 \[public official/public employee\] 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. As a School Director for the School District, you are a public official subject to the provisions of the Ethics Act. Pursuant to Section 1103(a) of the Ethics Act, you generally would have a conflict of interest in matters before the School District School Board that would financially impact you, a member of your immediate family, or a business with which you or a member of your immediate family is associated. The existence of a prior coordinated political campaign relationship between you and another School Director would not be a basis for you to have a conflict of interest with regard to voting on a matter directly involvingthat School Director. In order for you to have a conflict of interest with regard to participating in any particular matter, the matter must involve a private O’Donnell, 26-512 February 26, 2026 Page 5 pecuniary (financial) benefit to you, a member of your immediate family, or a business with which you or a member of your immediate family is associated. Accordingly, absent some basis for a conflict of interest such as a private pecuniary (financial) benefit to you, a member of your immediate family, or a business with which you or a member of your immediate family is associated, you would not have a conflict of interest under Section 1103(a) of the Ethics Act with regard to voting on a matter that directly involves a School Director who participated with you in a prior coordinated political campaign, and you would not be required to make any disclosures or abstain from voting on such matter pursuant to Section 1103(j) of the Ethics Act. As noted above, in each instance of a conflict of interest, youwould 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