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HomeMy WebLinkAbout26-541 BellPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 To the Requester: Kurt Bell Dear Mr. Bell: STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 FACSIMILE: 717-787-0806 WEBSITE: www.ethics.pa.gov ADVICE OF COUNSEL July 6, 2026 26-541 This responds to your letter dated June 12, 2026, received June 23, 2026, by which you requested an advisory from the Pennsylvania State Ethics Commission ("Commission"), seeking guidance as to the issue presented below: Issue: Whether the 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 Archivist 2 with the Pennsylvania Historical and Museum Commission, Pennsylvania State Archives, with regard to accepting royalties from sales of a book titled "Trains in the Nation's Attic: Collecting Railroad History at the Smithsonian Institution, 1885 — Present," where the individual did not write the book on Commonwealth time and the book is not in any way directly related to the duties of the individual's position as an Archivist 2. Brief Answer: NO. The Ethics Act would not prohibit the individual from accepting royalties from sales of the book because under the submitted facts, payments made to the individual that would be legitimately intended as consideration for the value of the book — such as royalties — would not constitute honoraria prohibited by Section 1103(d) of the Ethics Act. Facts: You request an advisory from the Commission based upon submitted facts that may be fairly summarized as follows. Bell, 26-541 July 6, 2026 Page 2 You are employed as an Archivist 2 with the Pennsylvania Historical and Museum Commission, Pennsylvania State Archives. In your private capacity, you are the primary author nian Institution, 1885 The Book was not written on Commonwealth time, and its subject matter is not in any way directly related to the duties of your position as an Archivist 2. The Book is scheduled to be published by an academic press, Indiana University Press, in the spring of 2027. While the publisher does not anticipate that the Book will be a best seller, you may receive royalties for sales of the Book if enough copies of the Book are sold to meet the You are not receiving any wages or salary from the publisher in return for authoring the Book. The question that is posed by your advisory request is whether royalties that would be paid to you from sales of the Book would constitute honoraria that you would be prohibited from accepting pursuant to Section 1103(d) of the Ethics Act. 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 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 material facts. Section 1103(d) of the Ethics Act prohibits a public official/public employee from accepting an honorarium: § 1103. Restricted activities. (d) Honorarium.--No public official or public employee shall accept an honorarium. 65 Pa.C.S. § 1103(d). § 1102. Definitions Honorarium. Payment made in recognition of published works, appearances, speeches and presentations and which is not intended as consideration for the value of such services which are nonpublic occupational or professional in nature. The term does not Bell, 26-541 July 6, 2026 Page 3 include tokens presented or provided which are of de minimis economic impact. 65 Pa.C.S. § 1102. The question of whether a given payment is an honorarium prohibited by Section 1103(d) is determined by an application of the statutory definition set forth in the Ethics Act, not by the mere label that may have been attached to the payment. Fiorello, Order No. 1363; Confidential Opinion, 14-007; Confidential Opinion, 01-001. recognition of speaking engagements/presentations, appearances, and published works, but excludes such payments if: (1) they are legitimately intended as consideration for the value of such services; and or occupational capacity and are not related to the public position. Sims, Order No. 1769; Confidential Opinion, 14-007; Confidential Opinion, 01-001. Conclusion: In applying the above provisions of the Ethics Act to the instant matter, you are advised as follows. As an Archivist 2 with the Pennsylvania Historical and Museum Commission, Pennsylvania State Archives, you are a public employee subject to the provisions of the Ethics Act, including Section 1103(d), which prohibits a public official/public employee from accepting honoraria. There is no indication in the submitted facts that there is any connection between your public position and the subject matter of the Book. Accordingly, you are advised that payments made to you that would be legitimately intended as consideration for the value of the Book such as royalties would not constitute honoraria prohibited by the Ethics Act, and you would be permitted to accept and personally retain such payments. 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 the Advice 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 scheduled and a formal Opinion will be issued by the Commission. Bell, 26-541 July 6, 2026 Page 4 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