HomeMy WebLinkAboutGaming Definitions Exec Lvl Pub Empl and Pub Official
THE GAMING ACT (4 Pa.C.S. § 1101 et seq.), DEFINES “EXECUTIVE-LEVEL PUBLIC
EMPLOYEE” AND “PUBLIC OFFICIAL” AS FOLLOWS:
“Executive-level public employee.”
The term shall include the following:
(1) Deputy Secretaries of the Commonwealth and the Governor’s Office executive staff.
(2) An employee of the executive branch whose duties substantially involve licensing or enforcement
under this part, who has discretionary power which may affect or influence the outcome of a Commonwealth
agency’s action or decision or who is involved in the development of regulations or policies relating to a licensed
entity. The term shall include an employee with law enforcement authority.
(3) An employee of a county or municipality with discretionary powers which may affect or
influence the outcome of the county’s or municipality’s action or decision related to this part or who is involved
in the development of law, regulation or policy relating to matters regulated under this part. The term shall
include an employee with law enforcement authority.
(4) An employee of a department, agency, board, commission, authority or other governmental body
not included in paragraph (1), (2), or (3) with discretionary power which may affect or influence the outcome of
the governmental body’s action or decision related to this part or who is involved in the development of
regulation or policy relating to matters regulated under this part. The term shall include an employee with law
enforcement authority.
“Law enforcement authority.”
The power to conduct investigations of or to make arrests for criminal offenses.
4 Pa.C.S. § 1103.
“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.
(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.
The 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).