Who does the Act cover?
The Ethics Act applies to public officials and public employees. Some provisions of the Ethics Act also apply to candidates and nominees for public office.
Every person is subject to Section 1103(b) of the Ethics Act, which prohibits seeking to improperly influence the vote, official action, or judgment of a public official, public employee, or nominee or candidate for public office through offers or gifts of things worth money.
Public Official
A public official is someone who is elected by the public or elected or appointed by a governmental body in Pennsylvania. Appointed officials in the executive, legislative, and judicial branches of Pennsylvania and its political subdivisions are also “public officials” as that term is defined in the Ethics Act. Members of advisory boards that have no authority to spend public funds except to reimburse personal expenses are not public officials.
Public Employee
A public employee is an individual employed by Pennsylvania or a political subdivision who is responsible for using their judgment when taking or recommending official actions about: (1) contracting or procurement; (2) administering or monitoring grants or subsidies; (3) planning or zoning; (4) inspecting, licensing, regulating or auditing any person; or (5) any other activity where the official action significantly affects a person’s economic interests.
The term “public employee” does not include an individual employed by Pennsylvania or a political subdivision who teaches and does not perform administrative duties.
Candidate
A candidate is an individual seeking nomination or election to public office by vote of the people who are qualified to vote, regardless of whether the individual is nominated or elected. An individual is considered to be a candidate if they have: (1) received a contribution or spent money or given their consent for a person or committee to do so in order to influence their nomination or election to public office, regardless of whether the individual has announced the specific office they will seek to be nominated or elected to at the time the contribution is received or the money is spent; or (2) taken the necessary steps under Pennsylvania laws to qualify for nomination or election to public office.
The term “candidate” includes an individual nominated or elected as a write-in candidate unless they resign the nomination or elected office within 30 days of when they were nominated or elected.
The term “candidate” does not include an individual seeking nomination or election as a judge of elections, an inspector of elections, or an official of a political party.
Nominee
A nominee is a person whose name has been submitted to a public official or governmental body that has the power to finally confirm or reject the proposed appointment to public office.
Powers & Duties
The powers and duties of the Ethics Commission under the Ethics Act include:
Providing advisory opinions to current and former public officials and public employees, or their appointing authorities or employers, about their duties and responsibilities under the Ethics Act.
Developing Statement of Financial Interests forms for filing; accepting filings; and inspecting filings to determine whether a person required to file a form has failed to file a form or has filed an incomplete or inaccurate form.
Preserving Statement of Financial Interests forms filed with the Ethics Commission for five years, maintaining a master index of those forms, and making those forms available to the public for inspection and copying.
Instructing other state and local agencies that receive Statement of Financial Interests forms on how to maintain systems promoting public access to those forms.
Investigating alleged violations of the Ethics Act; holding hearings and taking testimony; and issuing decisions relating to investigations.
Preparing and publishing an annual report and educational materials.
Developing rules and regulations to carry out the provisions of the Ethics Act.
Holding at least two public hearings each year to seek input from persons and organizations that represent individuals subject to the Ethics Act and from other interested parties.