HomeMy WebLinkAbout26-2001 SpellmanPHONE: 717-783-1610 STATE ETHICS COMMISSION FACSIMILE: 717-787-0806
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613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
DETERMINATION OF THE COMMISSION
Before: Michael A. Schwartz, Chair
David L. Reddecliff, Vice Chair
Paul E. Parsells
Robert P. Caruso
Emilia McKee Vassallo
DATE DECIDED; 10/15/26
DATE MAILED: 10/16/26
To the Requester:
Michael Spellman
Dear Mr. Spellman:
26-2001
This is in response to your letter dated July 8, 2026, by which you requested a determination
from this Commission pursuant to Section 1512(a.5)(1) of the Pennsylvania Race Horse
Development and Gaming Act ("Gaming Act"), 4 Pa.C.S. § 1512(a.5)(1).
I. ISSUE:
Whether the Requester's service as Chair of the Vacancy Board of North East Borough,
Erie County, Pennsylvania, brought him within the definition of the term "public official" set forth
in Section 1512(b) of the Gaming Act, 4 Pa.C.S. § 1512(b), such that he would now be subject to
the post -termination of service restrictions of Section 1512(a.1) of the Gaming Act, 4 Pa.C.S. §
1512(a.1).
IL FACTUAL BASIS FOR DETERMINATION:
You request a determination from this Commission pursuant to Section 1512(a.5)(1) of the
Gaming Act based upon the following submitted facts.
You are employed as a Promotions Coordinator with Presque Isle Downs & Casino ("the
Casino") in Summit Township, Erie County, Pennsylvania. As part of your employment, you have
a Gaming Employee Occupation Permit (G2 Permit).
At some point in time, you were appointed as Chair of the Vacancy Board of North East
Borough, Erie County, Pennsylvania, by North East Borough Council. The Vacancy Board is
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October 15, 2026
Page 2
convened if North East Borough Council fails to fill a vacancy in an elected North East Borough
office within thirty days. You resigned from your position as Chair of the Vacancy Board as of
July 2, 2026. You did not have to perform any official duties during your time as Chair of the
Vacancy Board.
You seek a determination from this Commission as to whether your service as Chair of the
Vacancy Board of North East Borough brought you within the definition of the term "public
official" set forth in Section 1512(b) of the Gaming Act, such that you would now be subject to
the post -termination of service restrictions of Section 1512(a.1) of the Gaming Act.
Based upon information received from the Pennsylvania Gaming Control Board, we take
administrative notice that North East Borough does not receive a mandatory distribution of the
Casino's gaming revenues under the provisions of the Gaming Act which require the distribution
of specific portions of a licensed facility's gaming revenues to the county and municipality that
host the licensed facility.
III. DISCUSSION:
It is initially noted that determinations under Section 1512(a.5)(1) of the Gaming Act are
issued by the Commission to the requester based upon the facts that the requester has submitted.
In issuing the determination 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 of the material
facts relevant to the inquiry. Id. A determination only affords a defense to the extent the requester
has truthfully disclosed all of the material facts. Id.
Section 1512(b) of the Gaming Act defines the term ",public official" as follows;
"Public Official." —The term shall include the following:
(1) The Governor, Lieutenant Governor, a member of
the Governor's cabinet, Treasurer, Auditor General and Attorney
General, of the Commonwealth.
(2) A member of the Senate or House of
Representatives of the Commonwealth.
(3) An individual elected or appointed to any office of
a county or municipality that directly receives a distribution of
revenue under this part.
(4) An individual elected or appointed to a department,
agency, board, commission, authority or other governmental body
not included in paragraph (1), (2) or (3) that directly receives a
distribution of revenue under this part.
Spellman, 26-2001
October 15, 2026
Page 3
(5) An individual elected or appointed to a department,
agency, board, commission, authority, county, municipality or
other governmental body not included in paragraph (1), (2) or (3)
with discretionary power which may influence or affect the
outcome of an action or decision and who is involved in the
development of regulation or policy relating to a licensed entity or
who is involved in other matters under this part.
This term does not include a member of a school board or
an individual who held an uncompensated office with a
governmental body prior to January 1, 2006, and who no longer
holds the office as of January 1, 2006. The term includes a member
of an advisory board or commission which makes
recommendations relating to a licensed facility.
4 Pa.C.S. § 1512(b).
Paragraphs 1 and 2 of the above definition of the term "public official' clearly did not
apply to you because they list particular positions that you did not hold. Paragraphs 3 and 4 of the
above definition of the term "public official" did not apply to you because North East Borough
does not directly receive a distribution of revenue under the Gaming Act. Paragraph 5 of the above
definition of the term "public official" did not apply to you because the Chair of the North East
Borough Vacancy Board would not be involved in the development of regulation or policy relating
to a licensed entity or other matters under the Gaming Act.
The necessary determination of this Commission is that based upon the submitted and
administratively noted facts, your service as Chair of the North East Borough Vacancy Board did
not bring you within the definition of the term "public official" set forth in Section 1512(b) of the
Gaming Act, 4 Pa.C.S. § 1512(b), and therefore you are not now subject to the post -termination of
service restrictions of Section 1512(a.1) of the Gaming Act, 4 Pa.C.S. § 1512(a.1).
This determination is limited to addressing the specific question posed under Section
1512(a.5)(1) of the Gaming Act.
TV. CONCLUSION:
Based upon the submitted and administratively noted facts, your service as Chair of the
Vacancy Board of North East Borough, Erie County, Pennsylvania, did not bring you within the
definition of the term "public official" set forth in Section 1512(b) of the Pennsylvania Race Horse
Development and Gaming Act ("Gaming Act"), 4 Pa.C.S. § 1512(b), and therefore you are not
now subject to the post -termination of service restrictions of Section 1512(a.1) of the Gaming Act,
4 Pa.C.S. § 1512(a.1).
An individual who relies in good faith on a determination issued by this Commission as to
such individual pursuant to Section 1512(a.5)(1) of the Gaming Act shall not be subject to any
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October 15, 2026
Page 4
penalty for an action taken in reliance on the determination, provided that all material facts are
accurately set forth in the request for a determination.
This determination is a public record and will be made available as such,
By the Commission,
A4
Micha'e A. Sc iwartz
Chair