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HomeMy WebLinkAbout26-539 Reiner 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 June 10, 2026 To the Requester: Andrea Reiner 26-539 Dear Ms. Reiner: This responds to your submission received June 3, 2026, by which you requested an advisory from the Pennsylvania State Ethics Commission (“Commission”), seeking guidance as to the issue presented below: Issue: Whetherthe Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., would impose prohibitions or restrictions upon an individual employed as an Administrative Officer 2 with the Bureau of Farmland Preservation within the Pennsylvania Department of Agriculture (“Department of Agriculture”), who along with her husband is purchasing farmland in Schuylkill County, with regard to selling an agricultural conservation easement covering the farmland to the Commonwealth, Schuylkill County, or the local township pursuant to the Agricultural Area Security Law, 3 P.S. § 901 et seq. Brief Answer: The Ethics Act would not prohibit the individual and her husband from selling an agricultural conservation easement covering their farmland to the Commonwealth, Schuylkill County, or the local township. However, in her capacity as an Administrative Officer 2, the individual would have a conflict of interest under Section 1103(a) of the Ethics Act with regard to participating in matters before the Bureau of Farmland Preservation/the Department of Agriculturepertaining to the potential purchase of such agricultural conservation easement by the Commonwealth, Schuylkill County, or the local township. Facts: Reiner, 26-539 June 10, 2026 Page 2 You request an advisory from the Commission based upon submitted facts that may be fairly summarized as follows. You are employed as an Administrative Officer 2 with the Bureau of Farmland Preservation within the Department of Agriculture. Your duties include reviewing recommendations for purchases of agricultural conservation easements under the Agricultural Area Security Law, administering the Land Trust Reimbursement Program, and performing financial tracking of easement purchases by funding year and county. Under the Agricultural Area Security Law, a county agricultural land preservation board may purchase agricultural conservation easements from farm owners in conjunction with the State Agricultural Land Preservation Board, with the township in which the farm is located, or with both governmental entities. Applications for agricultural conservation easements that are submitted to a county agricultural land preservation board are ranked against specific criteria and are then selected by the county agricultural land preservation board for recommendation for easement purchase based on ranking order and available funds. The applications selected arethen submitted to the Bureau of Farmland Preservation, which reviews the applications and recommends applications for approval to the State Agricultural Land Preservation Board. The purchase of easements is ultimately voted on by the State Agricultural Land Preservation Board. If a township is involved in the easement purchase, it also votes on the proposed expenditure. You and your husband are in the process of purchasing a farm and poultry business from your husband’s uncle. The farm is located in Schuylkill County, and it has been an applicant on Schuylkill County’s waitlist for agricultural conservation easement purchase for over 20 years. You and your husband wish to keep the farm on the waitlist with the intention of eventually preserving the farm in its entirety should it ever rank high enough to be selected for preservation. If the Schuylkill County Agricultural Land Preservation Board would select the farm’s application for recommendation for easement purchase, you would abstain from any review of the easement purchase recommendation by the Bureau of Farmland Preservation. Based upon the above submitted facts, you seek guidance as to whether the Ethics Act would impose prohibitions or restrictions upon you and your husband with regard to selling an agricultural conservation easement covering the farm to the Commonwealth, Schuylkill County, or the local township. 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: Reiner, 26-539 June 10, 2026 Page 3 § 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: § 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. Reiner, 26-539 June 10, 2026 Page 4 “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. “Immediate family.” A parent, spouse, child, brother or sister. “Business.” Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust or any legal entity organized for profit. “Business with which he is associated.” Any business in which the person or a member of the person's immediate family is a director, officer, owner, employee or has a financial interest. 65 Pa.C.S. § 1102. Subject to the statutory exclusions to the Ethics Act’s definition of the term “conflict” or “conflict of interest,” 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. Conclusion: In applying the above provisions of the Ethics Act to the instant matter, you are advised as follows. As an Administrative Officer 2 with the Bureau of Farmland Preservation within the Department of Agriculture, you are a public employee subject to the provisions of the Ethics Act. Your husband is a member of your “immediate family” as that term is defined by the Ethics Act. The farm and poultry business would be considered a business with which you and your husband are associated once it is purchased by you and your husband. Pursuant to Section 1103(a) of the Ethics Act, you generally would have a conflict of interest in matters before the Bureau of Farmland Preservation/the Department of Agriculture that would financially impact you, your Reiner, 26-539 June 10,2026 Page 5 husband, or a business with which you and your husband are associated such as the farm and poultry business. Because Section 1103(a) of the Ethics Act imposes restrictions upon youin your capacity as an Administrative Officer 2 with the Commonwealth rather than upon you in yourprivate capacity, Section 1103(a) would not prohibit youand your husband from selling an agricultural conservation easement covering the farm to the Commonwealth, Schuylkill County, or the local township. However, you would have a conflict of interest under Section 1103(a) of the Ethics Act with regard to participating in matters beforethe Bureau of Farmland Preservation/the Department of Agriculture pertaining to the potential purchase of such agricultural conservation easement by the Commonwealth, Schuylkill County, or the local township. In each instance of a conflict of interest, you would be required to abstain from participation, which would includevoting 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