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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SCHRODER, DePASQUALE, VEREB, SHAPIRO, AUMENT, BAKER, BARRAR, BENNINGHOFF, BLOOM, BOYD, BRIGGS, CAUSER, D. COSTA, CUTLER, DALEY, DAVIS, DEASY, DeLUCA, DENLINGER, FARRY, FREEMAN, GIBBONS, GINGRICH, GOODMAN, GRELL, HARPER, HARRIS, HENNESSEY, KAUFFMAN, KNOWLES, KORTZ, LAWRENCE, MAJOR, MURT, MUSTIO, M. O'BRIEN, PYLE, REED, REESE, M. SMITH, STEVENSON, SWANGER, VULAKOVICH, WAGNER, WATSON AND YOUNGBLOOD, APRIL 5, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 5, 2011 |
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| AN ACT |
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1 | Amending Title 65 (Public Officers) of the Pennsylvania |
2 | Consolidated Statutes, further providing for short title of |
3 | chapter, for purpose and for definitions; providing for |
4 | establishment and operation of nominating committee, for |
5 | Public Integrity Commission, for limitations on activities by |
6 | commissioners and employees, for powers and duties of |
7 | commission, for authority, qualification, training and |
8 | identification of investigative employees designated as law |
9 | enforcement officers, for photo identification, for immunity |
10 | of witnesses and for enforcement of subpoenas; further |
11 | providing for restricted activities, for statement of |
12 | financial interests required to be filed, for investigations |
13 | by commission and for penalties; providing for costs |
14 | restitutions and forfeiture; further providing for wrongful |
15 | use of chapter; and providing for disclosure of executive |
16 | session testimony and investigative records, for privileged |
17 | statements and reports, for commission disclosure of economic |
18 | interests and for applicable statutes. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Sections 1101 and 1101.1 of Title 65 of the |
22 | Pennsylvania Consolidated Statutes are amended to read: |
23 | § 1101. Short title of chapter. |
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1 | This chapter shall be known and may be cited as the [Public |
2 | Official and Employee Ethics] Public Integrity Commission Act. |
3 | § 1101.1. Purpose. |
4 | (a) [Declarations.--The Legislature hereby declares that |
5 | public office is a public trust and that any effort to realize |
6 | personal financial gain through public office other than |
7 | compensation provided by law is a violation of that trust. In |
8 | order to strengthen the faith and confidence of the people of |
9 | this Commonwealth in their government, the Legislature further |
10 | declares that the people have a right to be assured that the |
11 | financial interests of holders of or nominees or candidates for |
12 | public office do not conflict with the public trust. Because |
13 | public confidence in government can best be sustained by |
14 | assuring the people of the impartiality and honesty of public |
15 | officials, this chapter shall be liberally construed to promote |
16 | complete financial disclosure as specified in this chapter. |
17 | Furthermore, it is recognized that clear guidelines are needed |
18 | in order to guide public officials and employees in their |
19 | actions. Thus, the General Assembly by this chapter intends to |
20 | define as clearly as possible those areas which represent |
21 | conflict with the public trust.] Legislative intent.--It is the |
22 | intent of the General Assembly that this chapter promote the |
23 | following public policy purposes and objectives: |
24 | (1) Uncover and investigate public corruption within the |
25 | Commonwealth: |
26 | (i) at all levels of government, including State, |
27 | county and local; and |
28 | (ii) in all branches of government, including |
29 | legislative, executive and judicial. |
30 | (2) Establish a Public Integrity Commission which serves |
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1 | both a law enforcement role as a criminal justice agency |
2 | concerning specific criminal violations and an educational |
3 | role for public officials, public employees, district |
4 | attorneys, other law enforcement entities, the General |
5 | Assembly and the public. |
6 | (3) Encourage the Public Integrity Commission to work |
7 | cooperatively with the Attorney General, the Pennsylvania |
8 | State Police, district attorneys and other law enforcement |
9 | entities in conducting its mission. |
10 | (4) Promote administration of this chapter by the Public |
11 | Integrity Commission in a manner which is cognizant of the |
12 | responsibilities and burdens of public officials and |
13 | employees who have demonstrated an interest in promoting |
14 | public confidence in government. |
15 | (b) [Recognition.--It is recognized that many public |
16 | officials, including most local officials and members of the |
17 | General Assembly, are citizen-officials who bring to their |
18 | public office the knowledge and concerns of ordinary citizens |
19 | and taxpayers. They should not be discouraged from maintaining |
20 | their contacts with their community through their occupations |
21 | and professions. Thus, in order to foster maximum compliance |
22 | with its terms, this chapter shall be administered in a manner |
23 | that emphasizes guidance to public officials and public |
24 | employees regarding the ethical standards established by this |
25 | chapter.] Declarations.--The Legislature declares that public |
26 | office is a public trust and that any effort to realize personal |
27 | financial gain through public office other than compensation |
28 | provided by law is a violation of that trust. The Legislature |
29 | also declares the public would be best served by a Statewide |
30 | criminal justice agency which focuses on investigating public |
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1 | corruption. In order to strengthen the faith and confidence of |
2 | the people of this Commonwealth in their government, the |
3 | Legislature further declares that the people have a right to be |
4 | assured that the financial interests of holders of or nominees |
5 | or candidates for public office do not conflict with the public |
6 | trust. Because public confidence in government can best be |
7 | sustained by assuring the people of the impartiality and honesty |
8 | of public officials, this chapter shall be liberally construed |
9 | to promote complete financial disclosure as specified in this |
10 | chapter. Furthermore, it is recognized that clear guidelines are |
11 | needed in order to guide public officials and employees in their |
12 | actions. Thus, the General Assembly by this chapter intends to |
13 | define as clearly as possible those areas which represent |
14 | conflict with the public trust. |
15 | (c) [Legislative intent.--It is the intent of the General |
16 | Assembly that this chapter be administered by an independent |
17 | commission composed of members who are cognizant of the |
18 | responsibilities and burdens of public officials and employees |
19 | and who have demonstrated an interest in promoting public |
20 | confidence in government.] (Reserved). |
21 | Section 2. The definitions of "advice," "business with which |
22 | he is associated," "candidate," "commission," "conflict" or |
23 | "conflict of interest," "contract," "findings report," "opinion" |
24 | and "order" in section 1102 of Title 65 are amended and the |
25 | section is amended by adding definitions to read: |
26 | § 1102. Definitions. |
27 | The following words and phrases when used in this chapter |
28 | shall have, unless the context clearly indicates otherwise, the |
29 | meanings given to them in this section: |
30 | "Advice." Any directive of the chief counsel of the [State |
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1 | Ethics Commission] commission issued under section [1107(11)] |
2 | 1102.4(15) (relating to powers and duties of commission) and |
3 | based exclusively on prior commission opinions, prior opinions |
4 | of the State Ethics Commission, this chapter, regulations |
5 | promulgated pursuant to this chapter and court opinions which |
6 | interpret this chapter. |
7 | * * * |
8 | "Business with which [he] a person is associated." Any |
9 | business in which the person or a member of the person's |
10 | immediate family is a director, officer, owner, employee or has |
11 | a financial interest. |
12 | "Candidate." Any individual who seeks nomination or election |
13 | to public office by vote of the electorate, other than a judge |
14 | of elections, inspector of elections or official of a political |
15 | party, whether or not such individual is nominated or elected. |
16 | An individual shall be deemed to be seeking nomination or |
17 | election to such office if [he] the individual has: |
18 | (1) received a contribution or made an expenditure or |
19 | given [his] consent for any other person or committee to |
20 | receive a contribution or make an expenditure for the purpose |
21 | of influencing [his] the nomination or election to such |
22 | office, whether or not the individual has announced the |
23 | specific office for which [he] the individual will seek |
24 | nomination or election at the time the contribution is |
25 | received or the expenditure is made; or |
26 | (2) taken the action necessary under the laws of this |
27 | Commonwealth to qualify [himself] the individual for |
28 | nomination or election to such office. |
29 | The term shall include individuals nominated or elected as |
30 | write-in candidates unless they resign such nomination or |
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1 | elected office within 30 days of having been nominated or |
2 | elected. |
3 | "Commission." The [State Ethics] Public Integrity |
4 | Commission. |
5 | * * * |
6 | "Conflict" or "conflict of interest." Use by a public |
7 | official or public employee of the authority of [his] the |
8 | person's office or employment or any confidential information |
9 | received through [his] holding public office or employment for |
10 | the private pecuniary benefit of [himself, a member of his |
11 | immediate family] the person, an immediate family member or a |
12 | business with which [he] the person or a member of [his] the |
13 | person's immediate family is associated. The term does not |
14 | include an action having a de minimis economic impact or which |
15 | affects to the same degree a class consisting of the general |
16 | public or a subclass consisting of an industry, occupation or |
17 | other group which includes the public official or public |
18 | employee, a member of [his] the person's immediate family or a |
19 | business with which [he] the person or a member of [his] the |
20 | person's immediate family is associated. |
21 | "Contract." An agreement or arrangement for the acquisition, |
22 | use or disposal by the Commonwealth or a political subdivision |
23 | of consulting or other services or of supplies, materials, |
24 | equipment, land or other personal or real property. The term |
25 | shall not mean an agreement or arrangement between the State or |
26 | political subdivision as one party and a public official or |
27 | public employee as the other party, concerning [his] the public |
28 | official or public employee's expense, reimbursement, salary, |
29 | wage, retirement or other benefit, tenure or other matters in |
30 | consideration of [his] the public official or public employee's |
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1 | current public employment with the Commonwealth or a political |
2 | subdivision. |
3 | "Court." The Commonwealth Court. |
4 | * * * |
5 | "Ex parte." An off-the-record communication engaged in or |
6 | received by a commissioner regarding the merits of or any facts |
7 | in issue related to an investigation or other ongoing proceeding |
8 | before the commission or which may reasonably be expected to |
9 | come before the commission with or from an individual, or on |
10 | behalf of an individual, who is the subject of the investigation |
11 | or other proceeding. |
12 | * * * |
13 | "Findings report." An initial report containing findings of |
14 | fact as determined by the [State Ethics Commission's] |
15 | commission's investigation but not containing any conclusions of |
16 | law or any determination of whether there has been a violation |
17 | of law. |
18 | * * * |
19 | "Immunity order." An order issued under this chapter by the |
20 | court directing a witness to testify or produce other |
21 | information over a claim of privilege against self- |
22 | incrimination. |
23 | * * * |
24 | "Opinion." A directive of the [State Ethics Commission] |
25 | commission issued pursuant to section [1107(10)] 1102.4(14) |
26 | (relating to powers and duties of commission) setting forth a |
27 | public official's or public employee's duties under this |
28 | chapter. |
29 | "Order." A directive of the [State Ethics Commission] |
30 | commission issued pursuant to section [1107(13)] 1102.4(17) |
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1 | (relating to powers and duties of commission) at the conclusion |
2 | of an investigation which contains findings of fact, conclusions |
3 | of law and penalties. |
4 | * * * |
5 | "Public corruption." The unlawful activity, under color of |
6 | or in connection with any public office or employment, of any |
7 | individual: |
8 | (1) employed by an agency as defined in the act of |
9 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know |
10 | Law; or |
11 | (2) elected by the public, appointed to fill an |
12 | unexpired term of any elected or appointed official, |
13 | appointed by a governmental body or who is an appointed |
14 | official in an agency as defined in the Right-to-Know Law. |
15 | * * * |
16 | Section 3. Title 65 is amended by adding sections to read: |
17 | § 1102.1. Establishment and operation of nominating committee. |
18 | (a) Establishment.--When a vacancy exists in the commission, |
19 | a nominating committee shall be established and selected as |
20 | provided in this section. |
21 | (b) List of current nominees.-–A nominating committee shall |
22 | compile a list of 15 current nominees to fill a vacancy in the |
23 | commission. A list of nominees shall not have more than six |
24 | members of the same political party. After the vacancy in the |
25 | commission for which the nominating committee was established |
26 | has been filled, the list of 15 current nominees shall be |
27 | discarded, and a subsequent vacancy shall not be filled from |
28 | that list. This section shall not preclude the inclusion of a |
29 | nominee in a subsequent list of nominees. |
30 | (c) Selection and composition.--The nominating committee |
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1 | shall be selected as follows: |
2 | (1) The Speaker of the House of Representatives shall |
3 | appoint three members of the nominating committee. One |
4 | appointee shall be a current or former district attorney. |
5 | Two appointees shall be current or former deans of a |
6 | Pennsylvania law school accredited by the American Bar |
7 | Association. |
8 | (2) The Minority Leader of the House of Representatives |
9 | shall appoint two members of the nominating committee. One |
10 | appointee shall be a current or former dean of a Pennsylvania |
11 | law school accredited by the American Bar Association. One |
12 | appointee shall be a member or employee of a nonprofit, |
13 | nonpartisan citizen's lobbying organization that has been in |
14 | existence for no fewer than 30 years. |
15 | (3) No more than three members of the nominating |
16 | committee shall be members of the same political party. |
17 | (d) Chairperson.--The members of the nominating committee |
18 | shall select a chairperson of the committee from among the |
19 | members. |
20 | (e) Term.--The members of the nominating committee shall |
21 | serve for two years or until the vacancy in the commission for |
22 | which the nominating committee was created has been filled, |
23 | whichever is greater. Nothing in this section shall preclude the |
24 | reappointment of a member of a nominating committee to a |
25 | subsequent nominating committee. |
26 | (f) Expenses.--The members of a nominating committee shall |
27 | serve without compensation but shall be entitled to reasonable |
28 | travel, hotel and other necessary expenses from the funds of the |
29 | commission as approved by the commission. The expenses shall not |
30 | exceed the applicable per diem rates established by the United |
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1 | States General Services Administration. |
2 | (g) Support.--The commission shall provide administrative |
3 | assistance to a nominating committee. |
4 | (h) Vacancies.--Vacancies in a nominating committee before |
5 | the expiration of its term shall be filled for the remainder of |
6 | the term in the same manner as original appointments. |
7 | (i) Removal.--The appointing authority of a member of a |
8 | nominating committee may remove that member for good cause. |
9 | (j) Procedure.--The following shall apply to a nominating |
10 | committee procedure: |
11 | (1) A majority of the members of a nominating committee |
12 | constitutes a quorum. A member of a nominating committee |
13 | shall participate at a meeting of the committee in person or |
14 | by teleconference or video conference for the purposes of |
15 | meeting a quorum. |
16 | (2) Voting shall be direct, including voting by |
17 | teleconference or video conference. Voting by proxy shall not |
18 | be permitted. |
19 | (k) Meetings.--A nominating committee shall meet as needed |
20 | at the call of the chairperson. |
21 | § 1102.2. Commission. |
22 | (a) Continuation of State Ethics Commission.--The commission |
23 | is a successor to and a continuation of the State Ethics |
24 | Commission established under the act of October 4, 1978 |
25 | (P.L.883, No.170), referred to as the Public Official and |
26 | Employee Ethics Law. The commission shall be an independent |
27 | administrative body consisting of seven members who shall be |
28 | known as commissioners. |
29 | (b) Continuation of commissioners of the State Ethics |
30 | Commission.--Upon the effective date of this section, the |
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1 | current commissioners of the State Ethics Commission shall hold |
2 | over and continue to serve as administrators of this chapter |
3 | with all of the duties, powers, rights and responsibilities of |
4 | commissioners of the commission until no fewer than four |
5 | commissioners are appointed under subsection (c). |
6 | (c) Composition.--The commissioners shall be appointed by |
7 | the Governor, subject to the consent of two-thirds of the |
8 | members elected to the Senate, from the list of current nominees |
9 | prepared by a nominating committee under section 1102.1 |
10 | (relating to establishment and operation of nominating |
11 | committee). The commission shall not have more than three |
12 | commissioners of the same political party. |
13 | (d) Term.--The original commissioners shall be appointed as |
14 | follows: |
15 | (1) Three shall be appointed for a term of one year. |
16 | (2) Three shall be appointed for a term of two years. |
17 | (3) One shall be appointed for a term of three years. |
18 | After the original commissioners are appointed, appointments |
19 | shall be for a term of three years. |
20 | (e) Vacancy and reappointment.--A vacancy shall be filled |
21 | for the remainder of the unexpired term in the same manner as an |
22 | original appointment. Upon the expiration of a term, a |
23 | commissioner shall continue to hold office until a successor has |
24 | been duly appointed, but not longer than six months after the |
25 | expiration of the commissioner's appointed term. A commissioner |
26 | may be reappointed to serve one three-year term if included on |
27 | the list of current nominees for that vacancy provided by a |
28 | nominating committee under section 1102.1. |
29 | (f) Chairperson.--The commissioners shall meet on an annual |
30 | basis to select a chairperson of the commission from among the |
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1 | commissioners. |
2 | (g) Compensation and expenses.--A commissioner shall receive |
3 | $100-a-day compensation for every meeting of the commission at |
4 | which the commissioner participates in person and a quorum of |
5 | the commission is present. A commissioner shall be entitled to |
6 | reasonable travel, hotel and other necessary expenses as |
7 | approved by the commission, but the expenses shall not exceed |
8 | the applicable per diem rates established by the United States |
9 | General Services Administration. |
10 | (h) Removal.--Except as authorized under this subsection, a |
11 | commissioner shall not be removed from office during his term. A |
12 | commissioner may be removed from office in the following |
13 | circumstances: |
14 | (1) Upon clear and convincing evidence of misfeasance or |
15 | malfeasance in office or neglect of duty by a commissioner, |
16 | the Governor may remove a commissioner prior to the |
17 | expiration of the term. The Governor shall provide the |
18 | commissioner who is removed with a statement of the reasons |
19 | for the removal. |
20 | (2) A commissioner who fails to attend, in person or by |
21 | teleconference or video conference, three consecutive |
22 | meetings shall forfeit the position on the commission unless |
23 | the chairperson, upon written request from the commissioner, |
24 | finds the commissioner should be excused for good cause. |
25 | A commissioner who is removed may petition the court for |
26 | reinstatement. The court shall hold an expedited hearing and |
27 | render a decision within 30 days after the hearing or as soon |
28 | thereafter as may be practicable. A decision of the court that |
29 | is adverse to a commissioner who is removed shall result in a |
30 | vacancy that shall be filled under this chapter. |
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1 | (i) Procedure.--All of the following shall apply to |
2 | commission procedure: |
3 | (1) A majority of the commissioners constitutes a |
4 | quorum. A commissioner must participate at a meeting of the |
5 | commission in person or by teleconference or video conference |
6 | for the purpose of meeting a quorum. |
7 | (2) Voting must be direct, including voting by |
8 | teleconference or video conference. Voting by proxy shall not |
9 | be permitted. |
10 | (j) Meetings.--The commission shall meet no fewer than once |
11 | every two months and at additional times as necessary to conduct |
12 | the business of the commission. |
13 | (k) Ex parte communication.--No commissioner shall engage in |
14 | any ex parte communication with any person. Any commissioner who |
15 | receives any ex parte communication shall immediately notify the |
16 | chief counsel of the commission of the names of the persons |
17 | involved, the date and time of the ex parte communication and |
18 | the substance of the communication. A commissioner who engages |
19 | in or receives an ex parte communication shall recuse himself or |
20 | herself from any vote, hearing or other commission proceeding |
21 | if, in the opinion of the chief counsel of the commission, the |
22 | context and substance of the ex parte communication creates |
23 | doubt as to the commissioner's ability to act objectively, |
24 | independently or impartially. |
25 | § 1102.3. Limitations on activities by commissioners and |
26 | employees. |
27 | (a) General rule.--No individual while a member or employee |
28 | of the commission shall: |
29 | (1) Hold another public office or be a candidate for |
30 | another public office. |
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1 | (2) Hold office in a political party or political |
2 | committee. |
3 | (3) Actively participate in, contribute to or solicit |
4 | contributions for a political campaign, political party, |
5 | political committee or candidate. |
6 | (4) Publicly endorse a candidate. |
7 | (b) Exception.--Nothing in this section shall preclude a |
8 | member or employee of the commission from actively participating |
9 | in, contributing to or soliciting contributions for a candidate |
10 | for Federal office or elective office outside of this |
11 | Commonwealth. |
12 | § 1102.4. Powers and duties of commission. |
13 | In addition to other powers and duties prescribed by law, the |
14 | commission shall: |
15 | (1) Prescribe and publish rules and regulations to carry |
16 | out the provisions of this chapter, including regulations |
17 | controlling or defining the following: |
18 | (i) Calling of meetings. |
19 | (ii) Investigative responsibilities of commission |
20 | members and employees. |
21 | (iii) Written procedures to be utilized by the |
22 | commission's investigative management staff in planning |
23 | and supervising investigations and inquiries. |
24 | (iv) Dissemination of materials, including |
25 | dissemination to the Governor and members or committees |
26 | of the General Assembly. |
27 | (v) Appropriate use of commission property, |
28 | including vehicles. |
29 | (vi) Maintenance of confidentiality of information. |
30 | (vii) Other procedures and acts necessary for the |
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1 | proper functioning of the commission. |
2 | (2) As a criminal justice agency, investigate public |
3 | corruption and the activities of persons engaged in and |
4 | associated with public corruption. The commission shall make |
5 | a written report of every completed public corruption |
6 | investigation which may include recommendation for |
7 | legislative or administrative action. Except for those |
8 | reports provided to another law enforcement agency, if a |
9 | public corruption report is critical of a named individual |
10 | not indicted for a criminal offense, the named individual |
11 | shall be allowed 30 days to submit a response to the |
12 | allegations contained in the report which shall be made part |
13 | of the report before the report is made public. |
14 | (3) Hold hearings, take testimony, issue subpoenas and |
15 | require the attendance and testimony of witnesses and the |
16 | production of documentary evidence relative to any |
17 | investigation which the commission may conduct in accordance |
18 | with the powers given it. The subpoenas shall be signed by |
19 | the chairperson, the chief counsel and one other commissioner |
20 | and shall be served by a person authorized to serve subpoenas |
21 | under the laws of this Commonwealth. |
22 | (4) Refer criminal violations to a district attorney, |
23 | the Attorney General of Pennsylvania, the Attorney General of |
24 | the United States or a United States Attorney for |
25 | prosecution. |
26 | (5) During April of each calendar year, submit an annual |
27 | report on the status of public corruption in this |
28 | Commonwealth to a joint public hearing of the Judiciary |
29 | Committee of the Senate and the Judiciary Committee of the |
30 | House of Representatives. The commission shall submit other |
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1 | public corruption reports and present the reports at public |
2 | hearings of the committees of the Senate and the House of |
3 | Representatives having oversight responsibilities or |
4 | appropriate legislative jurisdiction of the subject matter of |
5 | the reports. If a report is critical of a named individual |
6 | not indicted for a criminal offense, the named individual |
7 | shall be allowed 30 days to submit a response to the |
8 | allegations contained in the report which shall be made part |
9 | of the report before the report is made public. |
10 | (6) Prescribe forms for statements and reports required |
11 | to be filed by this chapter and furnish such forms to persons |
12 | required to file such statements and reports. |
13 | (7) Prepare and publish guidelines setting forth |
14 | recommended uniform methods of accounting and reporting for |
15 | use by persons required to file statements and reports by |
16 | this chapter. |
17 | (8) Accept and file any information voluntarily supplied |
18 | that exceeds the requirements of this chapter. |
19 | (9) Inspect statements of financial interests which have |
20 | been filed in order to ascertain whether any reporting person |
21 | has failed to file such a statement or has filed a deficient |
22 | statement. If, upon inspection, it is determined that a |
23 | reporting person has failed to file a statement of financial |
24 | interests or that any statement which has been filed fails to |
25 | conform with the requirements of section 1105 (relating to |
26 | statement of financial interests), then the commission shall |
27 | in writing notify the person. Such notice shall state in |
28 | detail the deficiency and the penalties for failure to file |
29 | or for filing a deficient statement of financial interests. |
30 | (10) Provide that statements and reports filed with the |
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1 | commission be made available under the act of February 14, |
2 | 2008 (P.L.6, No.3), known as the Right-to-Know Law. |
3 | (11) Compile and maintain an index of all reports and |
4 | statements filed with the commission to facilitate public |
5 | access to such reports and statements and instruct other |
6 | State and local agencies which receive and file financial |
7 | interest statements in the maintenance of systems which |
8 | facilitate public access to such statements. |
9 | (12) Prepare and publish annual summaries of statements |
10 | and reports filed with the commission. |
11 | (13) Preserve statements and reports filed with the |
12 | commission for a period of five years from date of receipt |
13 | and advise other State and local agencies which receive and |
14 | store financial interest statements to preserve such |
15 | statements for a period of five years from date of receipt. |
16 | (14) Issue to any person upon such person's request or |
17 | to the appointing authority or employer of that person upon |
18 | the request of such appointing authority or employer an |
19 | opinion with respect to such person's duties under this |
20 | chapter. The commission shall, within 14 days, either issue |
21 | the opinion or advise the person who made the request whether |
22 | an opinion will be issued. A person who acts in good faith on |
23 | an opinion issued to that person by the commission shall not |
24 | be subject to criminal or civil penalties for so acting, |
25 | provided that the material facts are as stated in the opinion |
26 | request. The commission's opinions shall be public record and |
27 | may from time to time be published. The person requesting the |
28 | opinion may, however, require that the opinion shall contain |
29 | such deletions and changes as shall be necessary to protect |
30 | the identity of the persons involved. |
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1 | (15) Provide written advice to any person or the |
2 | appointing authority or employer of such person upon the |
3 | person's request with respect to such person's duties under |
4 | this chapter. Such advice shall be provided within 21 working |
5 | days of the request, provided that the time may be extended |
6 | for good cause. It shall be a complete defense in any |
7 | enforcement proceeding initiated by the commission and |
8 | evidence of good faith conduct in any other civil or criminal |
9 | proceeding if the requester, at least 21 working days prior |
10 | to the alleged violation, requested written advice from the |
11 | commission in good faith, disclosed truthfully all the |
12 | material facts and committed the acts complained of either in |
13 | reliance on the advice or because of the failure of the |
14 | commission to provide advice within 21 days of the request or |
15 | such later extended time. The person requesting the advice |
16 | may, however, require that the advice shall contain such |
17 | deletions and changes as shall be necessary to protect the |
18 | identity of the persons involved. |
19 | (16) Initiate an inquiry under section 1108(a) (relating |
20 | to investigations of violations of this chapter by |
21 | commission) where a complaint has not been filed but where |
22 | there is a reasonable belief that a conflict may exist. |
23 | (17) Issue findings, reports and orders relating to |
24 | investigations initiated under section 1108 which set forth |
25 | the alleged violation, findings of fact and conclusions of |
26 | law. An order may include a referral for prosecution. Any |
27 | order resulting from a finding that a public official or |
28 | public employee has obtained a financial gain in violation of |
29 | this chapter may require the restitution plus interest of |
30 | that gain to the appropriate governmental body. The |
|
1 | commission or the Office of Attorney General shall have |
2 | standing to apply to the court to seek enforcement of an |
3 | order requiring such restitution. This restitution |
4 | requirement shall be in addition to any other penalties |
5 | provided for in this chapter. |
6 | (18) Prepare and publish special reports, educational |
7 | materials and technical studies to further the purposes of |
8 | this chapter. |
9 | (19) Transmit, free of charge, copies of each order, |
10 | advice and opinion which have become a matter of public |
11 | record quarterly to the law library of each county, one |
12 | public library in each county, the State Library of |
13 | Pennsylvania, the Senate Library of Pennsylvania, the |
14 | Legislative Reference Bureau, each authority appointing |
15 | commission members under this chapter, the Commissioners |
16 | Association of Pennsylvania, the Pennsylvania State |
17 | Association of Boroughs, the Pennsylvania State Association |
18 | of Township Supervisors, the Pennsylvania State Association |
19 | of Township Commissioners, the Pennsylvania School Boards |
20 | Association and the Pennsylvania League of Cities and |
21 | Municipalities. |
22 | (20) Hold at least two public hearings each year, of |
23 | which at least one shall be held in Harrisburg and at least |
24 | one shall be held in a location other than Harrisburg, to |
25 | seek input from persons and organizations that represent any |
26 | individual subject to the provisions of this chapter and from |
27 | other interested parties. |
28 | (21) Call upon the department heads of State government |
29 | and State agencies through its chairperson for information |
30 | and assistance as needed to carry out the functions of the |
|
1 | commission. |
2 | (22) Account to the Governor, the Auditor General and |
3 | the General Assembly at the end of each fiscal year for |
4 | moneys received and disbursed. |
5 | (23) Appoint and fix the compensation of an executive |
6 | director and a chief counsel. The executive director shall be |
7 | responsible for the administrative operations of the |
8 | commission and shall perform other duties as may be delegated |
9 | or assigned by the commission, except that the commission |
10 | shall not delegate the making of regulations to the executive |
11 | director. The chief counsel shall be the chief legal officer |
12 | of the commission. The commission may obtain the services of |
13 | experts and consultants as necessary to carry out its duties |
14 | under this chapter. |
15 | (24) Appoint and fix the compensation of other employees |
16 | as the commission may find necessary for the proper |
17 | performance of the functions of the commission. The |
18 | commission shall designate which investigative employees of |
19 | the commission shall be law enforcement officers as provided |
20 | in section 1102.5 (relating to authority, qualification, |
21 | training and identification of investigative employees |
22 | designated as law enforcement officers). Other employees of |
23 | the commission shall be civilians. |
24 | (25) Pay expenses incurred by the executive director, |
25 | chief counsel or other employees on the presentation of |
26 | itemized vouchers and approval by the commission. |
27 | (26) Perform other acts necessary for the proper |
28 | functioning of the commission. |
29 | § 1102.5. Authority, qualification, training and identification |
30 | of investigative employees designated as law |
|
1 | enforcement officers. |
2 | (a) Authority.--An investigative employee of the commission |
3 | designated as a law enforcement officer shall have the law |
4 | enforcement power and authority, anywhere within this |
5 | Commonwealth, to enforce the following laws: |
6 | (1) This chapter. |
7 | (2) The act of July 10, 1968 (P.L.316, No.154), known as |
8 | the Legislative Code of Ethics. |
9 | (3) Crimes related to public office or public employment |
10 | as defined in section 2 of the act of July 8, 1978 (P.L.752, |
11 | No.140), known as the Public Employee Pension Forfeiture Act, |
12 | except Federal offenses. |
13 | (b) Qualifications.--An investigative employee shall be |
14 | qualified for appointment and designation as a law enforcement |
15 | officer if the employee: |
16 | (1) Has successfully completed a Federal or State law |
17 | enforcement training program determined by the Commissioner |
18 | of the Pennsylvania State Police to be of sufficient scope |
19 | and duration to provide the participant with basic law |
20 | enforcement training. |
21 | (2) Has not been convicted of a felony or an offense |
22 | graded a serious misdemeanor, as defined by the act of |
23 | January 29, 2004 (P.L.4, No.2), known as the Confidence in |
24 | Law Enforcement Act. |
25 | (3) Has not been convicted of an offense in a |
26 | jurisdiction, state or country outside this Commonwealth in |
27 | accordance with the laws of that jurisdiction, state or |
28 | country and the offense is equivalent to an offense specified |
29 | in paragraph (2), regardless of its grading in that |
30 | jurisdiction, state or country. |
|
1 | (c) Continuing education.--With the assistance of the |
2 | Commissioner of the Pennsylvania State Police, the commission |
3 | shall develop a program of ongoing law enforcement education for |
4 | investigative employees designated as law enforcement officers. |
5 | (d) Firearms.-- |
6 | (1) The commission shall develop regulations and |
7 | procedures for the use and possession of firearms by |
8 | investigative employees designated as law enforcement |
9 | officers, including the type of firearms permitted and the |
10 | circumstances under which an investigative employee would be |
11 | permitted to possess or use a firearm. |
12 | (2) No commission investigative employee may possess or |
13 | use a firearm in the course of the employee's commission |
14 | duties unless he holds a current valid certification in the |
15 | use and handling of firearms under one of the following: |
16 | (i) 53 Pa.C.S. Ch. 21 Subch. D (relating to |
17 | municipal police education and training). |
18 | (ii) The act of February 9, 1984 (P.L.3, No.2), |
19 | known as the Deputy Sheriffs' Education and Training Act. |
20 | (iii) Another firearms program determined by the |
21 | Commissioner of the Pennsylvania State Police to be of |
22 | sufficient scope and duration as to provide the |
23 | participant with basic training in the use and handling |
24 | of firearms. |
25 | (e) Badge.--Every investigative employee of the commission |
26 | designated as a law enforcement officer shall possess a metallic |
27 | badge with the words "Public Integrity Commission Officer" |
28 | inscribed on it. |
29 | § 1102.6. Photo identification. |
30 | Regardless of whether or not they have been designated law |
|
1 | enforcement officers, individuals appointed as investigative |
2 | employees of the commission shall have photo identification |
3 | cards issued by the commission containing the following: |
4 | (1) A photo of the individual taken within the previous |
5 | 24 months. |
6 | (2) The name of the individual. |
7 | (3) The signature of the individual. |
8 | (4) The words "Public Integrity Commission." |
9 | (5) The date of issuance of the photo identification |
10 | card. |
11 | § 1102.7. Immunity of witnesses. |
12 | (a) General rule.--Notwithstanding 42 Pa.C.S. § 5947 |
13 | (relating to immunity of witnesses), immunity orders shall be |
14 | available under this section in proceedings before the |
15 | commission involving an investigation into public corruption. |
16 | (b) Request and issuance.--The commission may request an |
17 | immunity order from a judge of the court and that judge shall |
18 | issue the order when in the judgment of the commission the |
19 | following criteria are satisfied: |
20 | (1) The testimony or other information from a witness |
21 | may be necessary to the public interest. |
22 | (2) A witness has refused or is likely to refuse to |
23 | testify or provide other information on the basis of using |
24 | the privilege against self-incrimination. |
25 | (c) Order to testify.--Whenever a witness refuses to testify |
26 | or provide other information in a proceeding specified in |
27 | subsection (a) on the basis of the privilege against self- |
28 | incrimination and the person presiding at the proceeding |
29 | communicates to the witness an immunity order, the witness shall |
30 | not refuse to testify based on his privilege against self- |
|
1 | incrimination. |
2 | (d) Limitation on use.--No testimony or other information |
3 | compelled under an immunity order or information directly or |
4 | indirectly derived from the testimony or other information shall |
5 | be used against a witness in a criminal case except the |
6 | information may be used: |
7 | (1) in a prosecution under 18 Pa.C.S. § 4902 (relating |
8 | to perjury) or 4903 (relating to false swearing); |
9 | (2) in a contempt proceeding for failure to comply with |
10 | an immunity order; or |
11 | (3) as evidence in a proceeding where the witness is not |
12 | a criminal defendant where otherwise admissible. |
13 | (e) Civil contempt.--Persons failing to comply with an |
14 | immunity order during the course of a proceeding, investigation |
15 | or issuance of a report may be adjudged in civil contempt and |
16 | compelled to comply upon appropriate sanction imposed by the |
17 | court. The sanction may include commitment to the county jail |
18 | until such time as the person purges himself or herself of |
19 | contempt. Persons may purge themselves of contempt by complying |
20 | with the immunity order: |
21 | (1) before the commission, prior to completion of the |
22 | proceeding, investigation or report; or |
23 | (2) before the court which issued the order, if the |
24 | proceeding, investigation or report has been completed. |
25 | (f) Criminal contempt.--In addition to civil contempt as |
26 | provided in subsection (e), a person who fails to comply with an |
27 | immunity order shall be guilty of criminal contempt and upon |
28 | conviction be sentenced to pay a fine of not more than $5,000 or |
29 | to imprisonment for not more than one year, or both. |
30 | (g) Notice, consultation and opportunity to object.--Prior |
|
1 | to seeking an immunity order, the commission shall require its |
2 | chief counsel to consult with the district attorney of an |
3 | affected county, the Attorney General and the United States |
4 | Attorney of an affected district in order to prevent |
5 | interference with an ongoing investigation. The results of the |
6 | consultation shall be reported to the commission before an |
7 | immunity order is sought under this section. The commission |
8 | shall give notice to a district attorney of an affected county, |
9 | the Attorney General or the United States Attorney of an |
10 | affected district of a request for an immunity order to be |
11 | submitted to a judge of the court. The foregoing officers may |
12 | appear as a party and request a reasonable delay or denial of |
13 | the grant of immunity if an immediate grant would jeopardize an |
14 | investigation or prosecution. In a proceeding under this |
15 | section, the judge may delay or deny the request for immunity if |
16 | the judge determines, in the exercise of judicial discretion, |
17 | that an immunity order will jeopardize an actual or pending |
18 | investigation or prosecution. |
19 | § 1102.8. Enforcement of subpoenas. |
20 | (a) Application.--Upon the failure of a person subpoenaed |
21 | under section 1102.4(3) (relating to powers and duties of |
22 | commission) to obey the command of the subpoena or to be sworn |
23 | or affirmed or to testify, an application may be made to the |
24 | court for the enforcement of the subpoena. |
25 | (b) Contempt.--If a person who has been ordered by the court |
26 | to comply with a subpoena issued under section 1102.4(3) fails |
27 | to obey the command of the order, an application may be made to |
28 | the court for the person to be brought before the court |
29 | authorized to proceed against the person for civil contempt of |
30 | court. |
|
1 | Section 4. Sections 1103 and 1104 of Title 65 are amended to |
2 | read: |
3 | § 1103. Restricted activities. |
4 | (a) Conflict of interest.--No public official or public |
5 | employee shall engage in conduct that constitutes a conflict of |
6 | interest. |
7 | (b) Seeking improper influence.--No person shall offer or |
8 | give to a public official, public employee or nominee or |
9 | candidate for public office or a member of his or her immediate |
10 | family or a business with which [he] the public official, public |
11 | employee or nominee or candidate for public office is associated |
12 | anything of monetary value, including a gift, loan, political |
13 | contribution, reward or promise of future employment based on |
14 | the offeror's or donor's understanding that the vote, official |
15 | action or judgment of the public official or public employee or |
16 | nominee or candidate for public office would be influenced |
17 | thereby. |
18 | (c) Accepting improper influence.--No public official, |
19 | public employee or nominee or candidate for public office shall |
20 | solicit or accept anything of monetary value, including a gift, |
21 | loan, political contribution, reward or promise of future |
22 | employment, based on any understanding of that public official, |
23 | public employee or nominee that the vote, official action or |
24 | judgment of the public official or public employee or nominee or |
25 | candidate for public office would be influenced thereby. |
26 | (d) Honorarium.--No public official or public employee shall |
27 | accept an honorarium. |
28 | (e) Contingent and severance payments.-- |
29 | (1) No person shall solicit or accept a severance |
30 | payment or anything of monetary value contingent upon the |
|
1 | assumption or acceptance of public office or employment. |
2 | (2) This subsection shall not prohibit: |
3 | (i) Payments received pursuant to an employment |
4 | agreement in existence prior to the time a person becomes |
5 | a candidate or is notified by a member of a transition |
6 | team, a search committee or a person with appointive |
7 | power that [he] the person is under consideration for |
8 | public office or makes application for public employment. |
9 | (ii) Receipt of a salary, fees, severance payment or |
10 | proceeds resulting from the sale of a person's interest |
11 | in a corporation, professional corporation, partnership |
12 | or other entity resulting from termination or withdrawal |
13 | therefrom upon the assumption or acceptance of public |
14 | office or employment. |
15 | (3) Payments made or received pursuant to paragraph (2) |
16 | (i) and (ii) shall not be based on the agreement, written or |
17 | otherwise, that the vote or official action of the |
18 | prospective public official or employee would be influenced |
19 | thereby. |
20 | (f) Contract.--No public official or public employee or |
21 | [his] spouse or child of the public official or public employee |
22 | or any business in which the person [or his], spouse or child is |
23 | associated shall enter into any contract valued at $500 or more |
24 | with the governmental body with which the public official or |
25 | public employee is associated or any subcontract valued at $500 |
26 | or more with any person who has been awarded a contract with the |
27 | governmental body with which the public official or public |
28 | employee is associated unless the contract has been awarded |
29 | through an open and public process, including prior public |
30 | notice and subsequent public disclosure of all proposals |
|
1 | considered and contracts awarded. In such a case, the public |
2 | official or public employee shall not have any supervisory or |
3 | overall responsibility for the implementation or administration |
4 | of the contract. Any contract or subcontract made in violation |
5 | of this subsection shall be voidable by a court of competent |
6 | jurisdiction if the suit is commenced within 90 days of the |
7 | making of the contract or subcontract. |
8 | (g) Former official or employee.--No former public official |
9 | or public employee shall represent a person, with promised or |
10 | actual compensation, on any matter before the governmental body |
11 | with which [he] the former public official or public employee |
12 | has been associated for one year after [he] the former public |
13 | official or public employee leaves that body. |
14 | (h) Misuse of statement of financial interest.--No person |
15 | shall use for any commercial purpose information copied from |
16 | statements of financial interests required by this chapter or |
17 | from lists compiled from such statements. |
18 | (i) Former executive-level employee.--No former executive- |
19 | level State employee may for a period of two years from the time |
20 | that [he] the executive-level State employee terminates |
21 | employment with this Commonwealth be employed by, receive |
22 | compensation from, assist or act in a representative capacity |
23 | for a business or corporation that [he] the former executive- |
24 | level State employee actively participated in recruiting to this |
25 | Commonwealth or that [he] the former executive-level State |
26 | employee actively participated in inducing to open a new plant, |
27 | facility or branch in this Commonwealth or that he actively |
28 | participated in inducing to expand an existent plant or facility |
29 | within this Commonwealth, provided that the above prohibition |
30 | shall be invoked only when the recruitment or inducement is |
|
1 | accomplished by a grant or loan of money or a promise of a grant |
2 | or loan of money from the Commonwealth to the business or |
3 | corporation recruited or induced to expand. |
4 | (j) Voting conflict.--Where voting conflicts are not |
5 | otherwise addressed by the Constitution of Pennsylvania or by |
6 | any law, rule, regulation, order or ordinance, the following |
7 | procedure shall be employed. Any public official or public |
8 | employee who in the discharge of [his] official duties would be |
9 | required to vote on a matter that would result in a conflict of |
10 | interest shall abstain from voting and, prior to the vote being |
11 | taken, publicly announce and disclose the nature of [his] the |
12 | interest as a public record in a written memorandum filed with |
13 | the person responsible for recording the minutes of the meeting |
14 | at which the vote is taken, provided that whenever a governing |
15 | body would be unable to take any action on a matter before it |
16 | because the number of members of the body required to abstain |
17 | from voting under the provisions of this section makes the |
18 | majority or other legally required vote of approval |
19 | unattainable, then such members shall be permitted to vote if |
20 | disclosures are made as otherwise provided herein. In the case |
21 | of a three-member governing body of a political subdivision, |
22 | where one member has abstained from voting as a result of a |
23 | conflict of interest and the remaining two members of the |
24 | governing body have cast opposing votes, the member who has |
25 | abstained shall be permitted to vote to break the tie vote if |
26 | disclosure is made as otherwise provided herein. |
27 | § 1104. Statement of financial interests required to be filed. |
28 | (a) Public official or public employee.--Each public |
29 | official of the Commonwealth shall file a statement of financial |
30 | interests for the preceding calendar year with the commission no |
|
1 | later than May 1 of each year that [he] the public official |
2 | holds such a position and of the year after [he leaves such a] |
3 | leaving the position. Each public employee and public official |
4 | of the Commonwealth shall file a statement of financial |
5 | interests for the preceding calendar year with the department, |
6 | agency, body or bureau [in which he] where the public employee |
7 | is employed or to which [he] the public official is appointed or |
8 | elected no later than May 1 of each year that [he holds such a |
9 | position] the position is held by the public official or public |
10 | employee and of the year after [he leaves such a] leaving the |
11 | position. Any other public employee or public official shall |
12 | file a statement of financial interests with the governing |
13 | authority of the political subdivision [by which he is] where |
14 | employed [or within which he is], appointed or elected no later |
15 | than May 1 of each year [that he holds such a] when holding the |
16 | position and of the year after [he leaves such a] leaving the |
17 | position. Persons who are full-time or part-time solicitors for |
18 | political subdivisions are required to file under this section. |
19 | (b) Candidate.-- |
20 | (1) Any candidate for a State-level public office shall |
21 | file a statement of financial interests for the preceding |
22 | calendar year with the commission on or before the last day |
23 | for filing a petition to appear on the ballot for election. A |
24 | copy of the statement of financial interests shall also be |
25 | appended to such petition. |
26 | (2) Any candidate for county-level or local office shall |
27 | file a statement of financial interests for the preceding |
28 | calendar year with the governing authority of the political |
29 | subdivision in which [he is a candidate] the candidate is |
30 | running on or before the last day for filing a petition to |
|
1 | appear on the ballot for election. A copy of the statement of |
2 | financial interests shall also be appended to such petition. |
3 | (3) No petition to appear on the ballot for election |
4 | shall be accepted by the respective State or local election |
5 | officials unless the petition has appended thereto a |
6 | statement of financial interests as set forth in paragraphs |
7 | (1) and (2). Failure to file the statement in accordance with |
8 | the provisions of this chapter shall, in addition to any |
9 | other penalties provided, be a fatal defect to a petition to |
10 | appear on the ballot. |
11 | (c) Nominee.--Each State-level nominee for public office |
12 | shall file a statement of financial interests for the preceding |
13 | calendar year with the commission and with the official or body |
14 | that is vested with the power of confirmation at least ten days |
15 | before the official or body shall approve or reject the |
16 | nomination. Each nominee for a county-level or local office |
17 | shall file a statement of financial interests for the preceding |
18 | calendar year with the governing authority of the political |
19 | subdivision in which he or she is a nominee and, if different, |
20 | with the official or body that is vested with the power of |
21 | confirmation at least ten days before the official or body shall |
22 | approve or reject the nomination. |
23 | (d) Failure to file required statement.--No public official |
24 | shall be allowed to take the oath of office or enter or continue |
25 | upon [his duties] the duties of the office, nor shall [he] the |
26 | public official receive compensation from public funds, unless |
27 | [he] the public official has filed a statement of financial |
28 | interests as required by this chapter. |
29 | (e) Public inspection and copying.--All statements of |
30 | financial interests filed pursuant to the provisions of this |
|
1 | chapter shall be made available for public inspection and |
2 | copying during regular office hours, and copying facilities |
3 | shall be made available at a charge not to exceed actual cost. |
4 | Section 5. Sections 1106 and 1107 of Title 65 are repealed: |
5 | [§ 1106. State Ethics Commission. |
6 | (a) Continuation of commission.--The State Ethics Commission |
7 | established under the act of October 4, 1978 (P.L.883, No.170), |
8 | referred to as the Public Official and Employee Ethics Law, is |
9 | continued and shall be composed of seven members. The President |
10 | pro tempore of the Senate, the Minority Leader of the Senate, |
11 | the Speaker of the House and the Minority Leader of the House |
12 | shall each appoint one member. Three members shall be appointed |
13 | by the Governor without confirmation. No more than two of the |
14 | members appointed by the Governor shall be of the same political |
15 | party. No appointee shall have served as an officer in a |
16 | political party for one year prior to his appointment. |
17 | (b) Term of service.--Members of the commission shall serve |
18 | for terms of three years, except that members shall continue to |
19 | serve until their successors are appointed and qualified. |
20 | (c) Maximum number of terms.--No member shall be appointed |
21 | to more than two full three-year terms on the commission. |
22 | (d) Prohibited activities.--No individual while a member or |
23 | employee of the commission shall: |
24 | (1) hold or campaign for any other public office; |
25 | (2) hold office in any political party or political |
26 | committee; |
27 | (3) actively participate in or contribute to any |
28 | political campaign; |
29 | (4) directly or indirectly attempt to influence any |
30 | decision by a governmental body other than a court of law or |
|
1 | as a representative of the commission on a matter within the |
2 | jurisdiction of the commission; or |
3 | (5) be employed by the Commonwealth or a political |
4 | subdivision in any other capacity, whether or not for |
5 | compensation. |
6 | (e) Vacancy.--A majority of the commission by resolution |
7 | shall declare vacant the position on the commission of any |
8 | member who takes part in activities prohibited by subsection |
9 | (d). An individual appointed to fill a vacancy occurring other |
10 | than by the expiration of a term of office shall be appointed |
11 | for the unexpired term of the member he succeeds and is eligible |
12 | for appointment to two full three-year terms thereafter. Any |
13 | vacancy occurring on the commission shall be filled within 30 |
14 | days in the manner in which that position was originally filled. |
15 | (f) Election of chairman and vice chairman.--The commission |
16 | shall elect a chairman and a vice chairman. The vice chairman |
17 | shall act as chairman in the absence of the chairman or in the |
18 | event of a vacancy in that position. |
19 | (g) Quorum.--Four members of the commission shall constitute |
20 | a quorum, and, except as provided in section 1108(g) (relating |
21 | to investigations by commission), the votes of a majority of the |
22 | members present are required for any action or recommendation of |
23 | the commission. The chairman or any four members of the |
24 | commission may call a meeting provided that advance written |
25 | notice is mailed to each member and to any person who requests |
26 | notice of such meetings. |
27 | (h) Compensation.--Members of the commission shall be |
28 | compensated at a rate of $250 per day and shall receive |
29 | reimbursement for their actual and necessary expenses while |
30 | performing the business of the commission. |
|
1 | (i) Staff.--The commission shall employ an executive |
2 | director, a chief counsel and such other staff as are necessary |
3 | to carry out its duties pursuant to this chapter. The executive |
4 | director shall be responsible for the administrative operations |
5 | of the commission and shall perform such other duties as may be |
6 | delegated or assigned to him by the commission, except that the |
7 | commission shall not delegate the making of regulations to the |
8 | executive director. The chief counsel shall be the chief legal |
9 | officer of the commission. The commission may obtain the |
10 | services of experts and consultants as necessary to carry out |
11 | its duties pursuant to this chapter. The State Treasurer and the |
12 | Attorney General shall make available to the commission such |
13 | personnel, facilities and other assistance as the commission may |
14 | request. |
15 | (j) Regulations.--The commission shall develop regulations |
16 | that provide for a code of conduct to govern the activities and |
17 | ethical standards of its members, which code shall subject the |
18 | members of the commission to no less than is required for public |
19 | officials or public employees under this chapter. |
20 | § 1107. Powers and duties of commission. |
21 | In addition to other powers and duties prescribed by law, the |
22 | commission shall: |
23 | (1) Prescribe and publish rules and regulations to carry |
24 | out the provisions of this chapter. |
25 | (2) Prescribe forms for statements and reports required |
26 | to be filed by this chapter and furnish such forms to persons |
27 | required to file such statements and reports. |
28 | (3) Prepare and publish guidelines setting forth |
29 | recommended uniform methods of accounting and reporting for |
30 | use by persons required to file statements and reports by |
|
1 | this chapter. |
2 | (4) Accept and file any information voluntarily supplied |
3 | that exceeds the requirements of this chapter. |
4 | (5) Inspect statements of financial interests which have |
5 | been filed in order to ascertain whether any reporting person |
6 | has failed to file such a statement or has filed a deficient |
7 | statement. If, upon inspection, it is determined that a |
8 | reporting person has failed to file a statement of financial |
9 | interests or that any statement which has been filed fails to |
10 | conform with the requirements of section 1105 (relating to |
11 | statement of financial interests), then the commission shall |
12 | in writing notify the person. Such notice shall state in |
13 | detail the deficiency and the penalties for failure to file |
14 | or for filing a deficient statement of financial interests. |
15 | (6) Provide that statements and reports filed with the |
16 | commission be made available for public inspection and |
17 | copying during regular office hours and provide that copying |
18 | facilities be made available at a charge not to exceed actual |
19 | cost and advise other State and local agencies of the |
20 | provisions of this paragraph. |
21 | (7) Compile and maintain an index of all reports and |
22 | statements filed with the commission to facilitate public |
23 | access to such reports and statements and instruct other |
24 | State and local agencies which receive and file financial |
25 | interest statements in the maintenance of systems which |
26 | facilitate public access to such statements. |
27 | (8) Prepare and publish annual summaries of statements |
28 | and reports filed with the commission. |
29 | (9) Preserve statements and reports filed with the |
30 | commission for a period of five years from date of receipt |
|
1 | and advise other State and local agencies which receive and |
2 | store financial interest statements to preserve such |
3 | statements for a period of five years from date of receipt. |
4 | (10) Issue to any person upon such person's request or |
5 | to the appointing authority or employer of that person upon |
6 | the request of such appointing authority or employer an |
7 | opinion with respect to such person's duties under this |
8 | chapter. The commission shall, within 14 days, either issue |
9 | the opinion or advise the person who made the request whether |
10 | an opinion will be issued. No person who acts in good faith |
11 | on an opinion issued to him by the commission shall be |
12 | subject to criminal or civil penalties for so acting, |
13 | provided that the material facts are as stated in the opinion |
14 | request. The commission's opinions shall be public records |
15 | and may from time to time be published. The person requesting |
16 | the opinion may, however, require that the opinion shall |
17 | contain such deletions and changes as shall be necessary to |
18 | protect the identity of the persons involved. |
19 | (11) Provide written advice to any person or the |
20 | appointing authority or employer of such person upon their |
21 | request with respect to such person's duties under this |
22 | chapter. Such advice shall be provided within 21 working days |
23 | of the request, provided that the time may be extended for |
24 | good cause. It shall be a complete defense in any enforcement |
25 | proceeding initiated by the commission and evidence of good |
26 | faith conduct in any other civil or criminal proceeding if |
27 | the requester, at least 21 working days prior to the alleged |
28 | violation, requested written advice from the commission in |
29 | good faith, disclosed truthfully all the material facts and |
30 | committed the acts complained of either in reliance on the |
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1 | advice or because of the failure of the commission to provide |
2 | advice within 21 days of the request or such later extended |
3 | time. The person requesting the advice may, however, require |
4 | that the advice shall contain such deletions and changes as |
5 | shall be necessary to protect the identity of the persons |
6 | involved. |
7 | (12) Initiate an inquiry pursuant to section 1108(a) |
8 | (relating to investigations by commission) where a complaint |
9 | has not been filed but where there is a reasonable belief |
10 | that a conflict may exist. |
11 | (13) Issue findings, reports and orders relating to |
12 | investigations initiated pursuant to section 1108 which set |
13 | forth the alleged violation, findings of fact and conclusions |
14 | of law. An order may include recommendations to law |
15 | enforcement officials. Any order resulting from a finding |
16 | that a public official or public employee has obtained a |
17 | financial gain in violation of this chapter may require the |
18 | restitution plus interest of that gain to the appropriate |
19 | governmental body. The commission or the Office of Attorney |
20 | General shall have standing to apply to the Commonwealth |
21 | Court to seek enforcement of an order requiring such |
22 | restitution. This restitution requirement shall be in |
23 | addition to any other penalties provided for in this chapter. |
24 | (14) Hold hearings, take testimony, issue subpoenas and |
25 | compel the attendance of witnesses. |
26 | (15) Make recommendations to law enforcement officials |
27 | either for criminal prosecution or dismissal of charges |
28 | arising out of violations of this chapter. |
29 | (16) Prepare and publish special reports, educational |
30 | materials and technical studies to further the purposes of |
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1 | this chapter. |
2 | (17) Prepare and publish prior to June 1 of each year an |
3 | annual report summarizing the activities of the commission. |
4 | (18) Transmit, free of charge, copies of each order, |
5 | advice and opinion which has become a matter of public record |
6 | quarterly to the law library of each county, one public |
7 | library in each county, the State Library, the State Senate |
8 | Library, each authority appointing commission members under |
9 | this chapter, the Pennsylvania Association of County |
10 | Commissioners, the Pennsylvania Association of Boroughs, the |
11 | Pennsylvania State Association of Township Supervisors, the |
12 | Pennsylvania State Association of Township Commissioners, the |
13 | Pennsylvania School Boards Association and the Pennsylvania |
14 | League of Cities. |
15 | (19) Hold at least two public hearings each year, of |
16 | which at least one shall be held in Harrisburg and at least |
17 | one shall be held in a location other than Harrisburg, to |
18 | seek input from persons and organizations who represent any |
19 | individual subject to the provisions of this chapter and from |
20 | other interested parties.] |
21 | Section 6. Sections 1108 and 1109(c) and (f) of Title 65 are |
22 | amended to read: |
23 | § 1108. Investigations of violations of this chapter by |
24 | commission. |
25 | (a) Preliminary inquiry.--Upon a complaint signed under |
26 | penalty of perjury by any person or upon its own motion, the |
27 | commission[, through its executive director,] shall conduct a |
28 | preliminary inquiry into any alleged violation of [this chapter] |
29 | section 1103 (relating to restricted activities), 1104 (relating |
30 | to statement of financial interests required to be filed), |
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1 | 1105(a) (relating to statement of financial interests) or this |
2 | section. The commission shall keep information, records and |
3 | proceedings relating to a preliminary inquiry confidential. The |
4 | commission shall, however, have the authority to refer the case |
5 | [to law enforcement officials] for prosecution during a |
6 | preliminary inquiry or anytime thereafter without providing |
7 | notice to the subject of the inquiry. The commission shall |
8 | complete its preliminary inquiry within 60 days of its |
9 | initiation. |
10 | (b) Termination of preliminary inquiry.--If a preliminary |
11 | inquiry fails to establish reason to believe that [this chapter |
12 | has] section 1103, 1104, 1105(a) or this section has been |
13 | violated, the commission shall terminate the inquiry and so |
14 | notify the complainant and the person who had been the subject |
15 | of the inquiry. If the commission determines that a complaint is |
16 | frivolous, it shall so state. |
17 | (c) Initiation of investigation.--If a preliminary inquiry |
18 | establishes reason to believe that [this chapter has] section |
19 | 1103, 1104, 1105(a) or this section has been violated, the |
20 | commission may, through its executive director, initiate an |
21 | investigation to determine if there has been a violation. The |
22 | commission shall keep information, records and proceedings |
23 | relating to an investigation confidential until a final |
24 | determination is made, except as otherwise provided in |
25 | subsection (g). No investigation may be commenced until the |
26 | person who is the subject of the investigation has been notified |
27 | and provided a general statement of the alleged violation or |
28 | violations of this chapter and other applicable statutes with |
29 | respect to such investigation. Service of notice is complete |
30 | upon mailing which shall be by certified or registered mail. The |
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1 | commission shall notify the complainant within 72 hours of the |
2 | commencement of an investigation, and, thereafter, the |
3 | commission shall advise the complainant and the person who is |
4 | the subject of the investigation of the status of the |
5 | investigation at least every 90 days until the investigation is |
6 | terminated. The commission shall, within 180 days of the |
7 | initiation of an investigation, either terminate the |
8 | investigation pursuant to subsection (d) or issue a findings |
9 | report pursuant to subsection (e). Upon a showing by the |
10 | executive director of the need for extension of this period, the |
11 | commission may extend an investigation for up to two 90-day |
12 | periods, provided that each 90-day extension shall be approved |
13 | by a majority vote of members present. In no event shall a |
14 | findings report be issued later than 360 days after initiation |
15 | of an investigation. |
16 | (d) Termination of investigation.--If an investigation |
17 | conducted under this [chapter] section indicates that no |
18 | violation has been committed, the commission shall immediately |
19 | terminate the investigation and send written notice of such |
20 | determination to the complainant and the person who was the |
21 | subject of the investigation. |
22 | (e) Findings report.--The commission, upon the completion of |
23 | an investigation under this section, shall issue a findings |
24 | report to the subject of the investigation setting forth the |
25 | pertinent findings of fact. The subject shall have the right to |
26 | respond to said findings and to request an evidentiary hearing |
27 | on said matter. The commission shall grant any request for a |
28 | hearing. Said hearing shall be held in Harrisburg or, at the |
29 | request of the subject, in either Philadelphia or Pittsburgh. |
30 | Any response to the findings report must either admit or deny by |
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1 | corresponding number and letter the pertinent facts set forth. |
2 | The subject of the investigation shall have access to any |
3 | evidence intended to be used by the commission at the hearing |
4 | and any exculpatory evidence developed by the commission in the |
5 | course of its investigation. Matters not specifically denied in |
6 | the response shall be deemed admitted. The response must be |
7 | filed within 30 days of the issuance of the findings report |
8 | unless the time period is extended by the commission for good |
9 | cause shown. Hearings conducted upon request shall be instituted |
10 | within 45 days after the filing of the response. |
11 | (f) Final order.--Within 30 days of the receipt by the |
12 | commission of the hearing record or, if no hearing is to be |
13 | held, within 30 days of the receipt by the commission of the |
14 | response to the findings report, the commission shall issue an |
15 | order which shall be final. Upon receipt of a final order, the |
16 | subject shall have the right to file a petition for |
17 | reconsideration in accordance with the regulations of the |
18 | commission. |
19 | (g) Procedure for hearing.--Hearings conducted pursuant to |
20 | this section concerning an allegation that section 1103, 1104, |
21 | 1105(a) or this section has been violated shall be closed to the |
22 | public unless the subject requests an open hearing. Any person |
23 | who appears before the commission shall have all of the due |
24 | process rights, privileges and responsibilities of a party or |
25 | witness appearing before an administrative agency of this |
26 | Commonwealth. All witnesses summoned for such hearings shall |
27 | receive reimbursement for reasonable expenses in accordance with |
28 | 42 Pa.C.S. § 5903 (relating to compensation and expenses of |
29 | witnesses). At the conclusion of a hearing concerning an alleged |
30 | violation and in a timely manner, the commission shall |
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1 | deliberate on the evidence and determine whether there has been |
2 | a violation of [this chapter] section 1103, 1104, 1105(a) or |
3 | this section. At least four members of the commission present at |
4 | a meeting must find a violation by clear and convincing proof. |
5 | The names of the members finding a violation and the names of |
6 | those dissenting and abstaining shall be listed in the order. |
7 | The determination of the commission, in the form of a final |
8 | order and findings of fact, shall be a matter of public record. |
9 | (h) Availability of final orders, files and records.--Orders |
10 | which become final in accordance with the provisions of this |
11 | section shall be available as public documents, but the files |
12 | and records of the commission relating to the case shall remain |
13 | confidential. |
14 | (i) Appeal.--Any person aggrieved by an opinion or order |
15 | which becomes final in accordance with the provisions of this |
16 | [chapter] section who has direct interest in such opinion or |
17 | order shall have the right to appeal therefrom in accordance |
18 | with law and general rules. |
19 | (j) Retaliation prohibited.--No public official or public |
20 | employee shall discharge any official or employee or change his |
21 | official rank, grade or compensation or deny him a promotion or |
22 | threaten to do so for filing a complaint with or providing |
23 | information to the commission or testifying in any commission |
24 | proceeding. No member of the commission and no employee of the |
25 | commission shall discharge any employee of the commission or |
26 | change his official rank, grade or compensation or threaten to |
27 | do so for providing any information about the internal |
28 | operations of the commission, not required by law to be kept |
29 | secret, to any legislator or legislative staff member or |
30 | testifying in any legislative proceeding. |
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1 | (k) Confidentiality.--As a general rule, no person shall |
2 | disclose or acknowledge to any other person any information |
3 | relating to a complaint, preliminary inquiry, investigation, |
4 | hearing or petition for reconsideration which is before the |
5 | commission. However, a person may disclose or acknowledge to |
6 | another person matters held confidential in accordance with this |
7 | subsection when the matters pertain to any of the following: |
8 | (1) final orders of the commission as provided in |
9 | subsection (h); |
10 | (2) hearings conducted in public pursuant to subsection |
11 | (g); |
12 | (3) for the purpose of seeking advice of legal counsel; |
13 | (4) filing an appeal from a commission order; |
14 | (5) communicating with the commission or its staff, in |
15 | the course of a preliminary inquiry, investigation, hearing |
16 | or petition for reconsideration by the commission; |
17 | (6) consulting with a law enforcement official or agency |
18 | for the purpose of initiating, participating in or responding |
19 | to an investigation or prosecution by the law enforcement |
20 | official or agency; |
21 | (7) testifying under oath before a governmental body or |
22 | a similar body of the United States of America; |
23 | (8) any information, records or proceedings relating to |
24 | a complaint, preliminary inquiry, investigation, hearing or |
25 | petition for reconsideration which the person is the subject |
26 | of; or |
27 | (9) such other exceptions as the commission by |
28 | regulation may direct. |
29 | (l) Frivolous complaints and wrongful disclosure.--If a |
30 | public official or public employee has reason to believe the |
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1 | complaint for a violation of section 1103, 1104, 1105(a) or this |
2 | section is frivolous as defined by this chapter, or without |
3 | probable cause and made primarily for a purpose other than that |
4 | of reporting a violation of this chapter, or a person publicly |
5 | disclosed or caused to be disclosed that a complaint against the |
6 | public official or public employee has been filed with the |
7 | commission, the public official or public employee shall notify |
8 | the commission and the commission, through its executive |
9 | director, shall conduct an investigation. |
10 | (m) Limitation of time.--The commission may conduct an |
11 | investigation under this section within five years after the |
12 | alleged occurrence of any violation of this chapter. |
13 | § 1109. Penalties. |
14 | * * * |
15 | (c) Treble damages.--Any person who obtains financial gain |
16 | from violating any provision of [this chapter] section 1103 |
17 | (relating to restricted activities), 1104 (relating to statement |
18 | of financial interests required to be filed), 1105(a) (relating |
19 | to statement of financial interests) or 1108 (relating to |
20 | investigations of violations of this chapter by commission), in |
21 | addition to any other penalty provided by law, shall pay a sum |
22 | of money equal to three times the amount of the financial gain |
23 | resulting from such violation into the State Treasury or the |
24 | treasury of the political subdivision. Treble damages shall not |
25 | be assessed against a person who acted in good faith reliance on |
26 | the advice of legal counsel. |
27 | * * * |
28 | (f) Civil penalty.--In addition to any other civil remedy or |
29 | criminal penalty provided for in this chapter, the commission |
30 | may, after notice has been served in accordance with section |
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1 | [1107(5)] 1102.4(9) (relating to powers and duties of |
2 | commission) and upon a majority vote of its members, levy a |
3 | civil penalty upon any person subject to this chapter who fails |
4 | to file a statement of financial interests in a timely manner or |
5 | who files a deficient statement of financial interests, at a |
6 | rate of not more than $25 for each day such statement remains |
7 | delinquent or deficient. The maximum penalty payable under this |
8 | paragraph is $250. |
9 | * * * |
10 | Section 7. Title 65 is amended by adding a section to read: |
11 | § 1109.1. Costs, restitution and forfeiture. |
12 | (a) Commission share.--The commission shall be entitled to |
13 | an equitable share, as determined by the court, of: |
14 | (1) Assets seized or forfeited as a result, in whole or |
15 | part, of an investigation by the commission. |
16 | (2) Award of costs of prosecution or other fees or costs |
17 | awarded as a result of a conviction for any criminal offense |
18 | based, in whole or part, on an investigation by the |
19 | commission. This shall include an equitable share of any |
20 | costs of prosecution awarded as part of an order of |
21 | restitution under section 4 of the act of July 8, 1978 |
22 | (P.L.752, No.140), known as the Public Employee Pension |
23 | Forfeiture Act. |
24 | (b) Fund.--The Public Integrity Commission Fund is |
25 | established as a special restricted receipt account within |
26 | the General Fund of the State Treasury. The account shall be |
27 | used to fund the commission. Money credited to the account, |
28 | including any money awarded under subsection (a) and any |
29 | investment income accrued are appropriated on a continuing |
30 | basis to the commission. |
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1 | Section 8. Section 1110 of Title 65 is amended to read: |
2 | § 1110. Wrongful use of chapter. |
3 | (a) Liability.--A person who signs a complaint alleging a |
4 | violation of [this chapter] section 1103 (relating to restricted |
5 | activities), 1104 (relating to statement of financial interests |
6 | required to be filed), 1105(a) (relating to statement of |
7 | financial interests) or 1108 (relating to investigations of |
8 | violations of this chapter by commission) against another is |
9 | subject to liability for wrongful use of this chapter if: |
10 | (1) the complaint was frivolous, as defined by this |
11 | chapter, or without probable cause and made primarily for a |
12 | purpose other than that of reporting a violation of this |
13 | chapter; or |
14 | (2) he publicly disclosed or caused to be disclosed that |
15 | a complaint against a person had been filed with the |
16 | commission. |
17 | (b) Probable cause.--A person who signs a complaint alleging |
18 | a violation of [this chapter] section 1103, 1104, 1105(a) or |
19 | 1108 has probable cause for doing so if he reasonably believes |
20 | in the existence of the facts upon which the claim is based and |
21 | either: |
22 | (1) reasonably believes that under those facts the |
23 | complaint may be valid under this chapter; or |
24 | (2) believes to this effect in reliance upon the advice |
25 | of counsel, sought in good faith and given after full |
26 | disclosure of all relevant facts within his knowledge and |
27 | information. |
28 | (c) Commission procedures.--When the commission determines |
29 | that a complainant has violated the provisions set forth in |
30 | subsection (a), the commission, upon receiving a written request |
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1 | from the subject of the complaint, shall provide the name and |
2 | address of the complainant to said subject. If the commission |
3 | determines that a complainant has not violated the provisions of |
4 | subsection (a), the commission shall notify the subject |
5 | accordingly. The subject shall have the right to appeal the |
6 | commission's determination, and the commission shall schedule an |
7 | appeal hearing. The subject shall show cause why the complainant |
8 | violated the provisions of this section. If the commission |
9 | grants the appeal, the commission shall immediately release the |
10 | complainant's name and address to the subject. If the commission |
11 | denies the appeal, it shall present evidence why the |
12 | complainant's name and address shall not be released. |
13 | (d) Damages.--When the essential elements of an action |
14 | brought pursuant to this section have been established, the |
15 | plaintiff is entitled to recover for the following: |
16 | (1) The harm to his reputation by a defamatory matter |
17 | alleged as the basis of the proceeding. |
18 | (2) The expenses, including any reasonable attorney |
19 | fees, that he has reasonably incurred in proceedings before |
20 | the commission. |
21 | (3) Any specific pecuniary loss that has resulted from |
22 | the proceedings. |
23 | (4) Any emotional distress that has been caused by the |
24 | proceedings. |
25 | (5) Any punitive damages according to law in appropriate |
26 | cases. |
27 | Section 9. Title 65 is amended by adding sections to read: |
28 | § 1110.1. Disclosure of executive session testimony and |
29 | investigative records. |
30 | No testimony taken in executive session, a part thereof or a |
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1 | summary thereof and no investigative record, a part thereof or a |
2 | summary thereof, shall be released or disclosed to a person |
3 | either orally or in writing by a commissioner or employee of the |
4 | commission without the authorization of the commission. |
5 | § 1110.2. Privileged statements and reports. |
6 | A statement or disclosure of information made by a |
7 | commissioner or an employee of the commission during the course |
8 | of a hearing or official proceeding and a report issued by the |
9 | commission before the General Assembly or to another law |
10 | enforcement agency shall be absolutely privileged. The privilege |
11 | shall be an absolute defense to an action for invasion of |
12 | privacy, defamation or other civil or criminal action. |
13 | § 1110.3. Commission disclosure of economic interests. |
14 | (a) Disclosure statement.--As of the date of appointment to |
15 | the commission and on or before March 15 of each following year, |
16 | each commissioner shall file with the Governor, the Secretary of |
17 | the Senate and the Chief Clerk of the House of Representatives |
18 | for the preceding calendar year a sworn statement of economic |
19 | interests. The economic interests statement shall contain the |
20 | information required under subsection (e). Once the economic |
21 | interests statement has been filed under this chapter, the |
22 | statement shall be updated annually by filing a supplemental |
23 | statement. The economic interests of a spouse or child of a |
24 | commissioner who is under 18 years of age shall be deemed an |
25 | economic interest of a commissioner. |
26 | (b) Record.--The Governor, the Secretary of the Senate and |
27 | the Chief Clerk of the House of Representatives shall maintain |
28 | the economic interests statements filed by commissioners as |
29 | public records which shall be open for public examination and |
30 | copying, at cost, at all reasonable times. The economic |
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1 | interests statements shall remain on file for five years from |
2 | the initial date of filing. |
3 | (c) Requirements.--The commission shall promulgate |
4 | regulations to be published in the Pennsylvania Bulletin |
5 | regarding economic disclosure requirements for employees of the |
6 | commission. |
7 | (d) Penalties.--In addition to other penalties imposed by |
8 | law for false swearing, neglect or refusal of a commissioner or |
9 | employee to file a complete and accurate economic interests |
10 | statement under the requirements of this section or the willful |
11 | filing of an inaccurate statement shall constitute misfeasance |
12 | in office in the case of commissioners and shall constitute |
13 | grounds for dismissal in the case of employees. |
14 | (e) Contents.--The sworn economic interests statement shall |
15 | contain: |
16 | (1) The identity of offices and directorships by name. |
17 | (2) An identifying description of real estate in this |
18 | Commonwealth in which the commissioner or a member of the |
19 | commissioner's household has an interest, direct or indirect, |
20 | including an option to buy, provided that a commissioner's |
21 | primary place of residence shall not be included. |
22 | (3) The name of each creditor to whom the commissioner |
23 | or a member of the commissioner's household owes money in |
24 | excess of $6,500, the category of the amount owed and the |
25 | interest rate, provided that loans or credit extended between |
26 | members of the immediate family and a mortgage upon the |
27 | commissioner's primary place of residence shall not be |
28 | included. |
29 | (4) The name of each business, insurance policy or trust |
30 | in which the commissioner or a member of the commissioner's |
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1 | household has a financial interest and the nature and |
2 | category of the amount of the interest. |
3 | (5) The source, by name, and category of the amounts of |
4 | income in excess of $1,300, including capital gains, whether |
5 | or not taxable, received by the commissioner or a member of |
6 | the commissioner's household during the preceding year. |
7 | (6) A list of businesses with which a commissioner is |
8 | associated that do business with or are regulated by the |
9 | Commonwealth and a description of the nature of the business |
10 | or regulation. |
11 | (7) A salary, fee, commission or other income, listed in |
12 | dollar amount or value, received by a commissioner from a |
13 | political subdivision of this Commonwealth or an agency of |
14 | the Commonwealth, other than the commission, including the |
15 | name of the political subdivision or agency or from an entity |
16 | which maintains a person required to be registered as a |
17 | lobbyist under any law requiring the registration. |
18 | (f) Amounts.--Where an amount is required to be reported by |
19 | category, the individual shall report whether the amount is less |
20 | than $5,000, at least $5,000 but less than $10,000, at least |
21 | $10,000 but less than $25,000 or $25,000 or more. An amount of |
22 | stock may be reported by number of shares instead of by category |
23 | of dollar value. |
24 | (g) Additional disclosure.--No provision of this chapter |
25 | shall be interpreted to prevent a person from filing more |
26 | information or more detailed information than required on an |
27 | economic interests statement. |
28 | § 1111.1. Applicable statutes. |
29 | The provisions of Chs. 7 (relating to open meetings) and 11 |
30 | (relating to ethics standards and financial disclosure) shall |
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1 | apply to the commission except as otherwise provided in this |
2 | chapter. |
3 | Section 10. This act shall take effect in 60 days. |
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