AN ACT

 

1Amending Title 65 (Public Officers) of the Pennsylvania
2Consolidated Statutes, in ethics standards and financial
3disclosure, further providing for restricted activities.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 1103(j) of Title 65 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 1103. Restricted activities.

9* * *

10(j) Voting conflict.--

11(1) Where voting conflicts are not otherwise addressed
12by the Constitution of Pennsylvania, by paragraph (2) or by
13any law, rule, regulation, order or ordinance, the
14[following] procedure prescribed in this paragraph shall be
15employed. Any public official or public employee who in the
16discharge of his official duties would be required to vote on
17a matter that would result in a conflict of interest shall

1abstain from voting and, prior to the vote being taken,
2publicly announce and disclose the nature of his interest as
3a public record in a written memorandum filed with the person
4responsible for recording the minutes of the meeting at which
5the vote is taken, provided that whenever a governing body
6would be unable to take any action on a matter before it
7because the number of members of the body required to abstain
8from voting under the provisions of this section makes the
9majority or other legally required vote of approval
10unattainable, then such members shall be permitted to vote if
11disclosures are made as otherwise provided herein. In the
12case of a three-member governing body of a political
13subdivision, where one member has abstained from voting as a
14result of a conflict of interest and the remaining two
15members of the governing body have cast opposing votes, the
16member who has abstained shall be permitted to vote to break
17the tie vote if disclosure is made as otherwise provided
18herein.

19(2) Any public official or public employee who is a
20member of a board of school directors and who in the
21discharge of his official duties would be required to vote on
22a matter that would result in negotiating the terms and
23conditions or approval of a collective bargaining agreement
24between the board of school directors and a collective
25bargaining unit that represents a member of the immediate
26family of the member of the board of school directors shall
27abstain from voting and, prior to the vote being taken,
28publicly announce and disclose the nature of his interest as
29a public record in a written memorandum filed with the person
30responsible for recording the minutes of the meeting at which

1the vote is taken.

2Section 2. This act shall take effect in 60 days.