Who does the Act cover?
The Ethics Act applies to public officials and public employees. Candidates and nominees for public office or employment are also subject to certain provisions of the Ethics Act.
All persons are subject to Section 1103(b) of the Ethics Act, which imposes certain prohibitions against seeking improper influence.
Public Official
Any person elected by the public or elected or appointed by a governmental body, or an appointed official in the executive, legislative, or judicial branch of the Commonwealth of Pennsylvania or any political subdivision thereof, provided that it shall not include members of advisory boards that have no authority to expend public funds other than reimbursement for personal expense, or to otherwise exercise the power of the state or any political subdivision thereof.
Public Employee
Any individual employed by the Commonwealth of Pennsylvania or a political subdivision who is responsible for taking or recommending official action of a non-ministerial nature with regard to: (1) contracting or procurement; (2) administering or monitoring grants or subsidies; (3) planning or zoning; (4) inspecting, licensing, regulating, or auditing any person; or (5) any other activity where the official action has an economic impact of greater than a de minimis nature on the interests of any person.
The term "public employee" shall not include individuals who are employed by the state or any political subdivision thereof in teaching as distinguished from administrative duties.
Candidate
Any individual who seeks nomination or election to public office by vote of the electorate, other than a judge of elections, inspector of elections, or official of a political party, whether or not such individual is nominated or elected. An individual shall be deemed to be seeking nomination or election to such office if he has: (1) received a contribution or made an expenditure or given his consent for any other person or committee to do so for the purpose of influencing his nomination or election to such office, whether or not the individual has announced the specific office for which he will seek nomination or election at the time the contribution is received or the expenditure is made; or (2) taken the action necessary under the laws of the Commonwealth of Pennsylvania to qualify himself for nomination or election to such office.
The term shall include individuals nominated or elected as write-in candidates unless they resign such nomination or elected office within 30 days of having been nominated or elected.
Nominee
Any person whose name has been submitted to a public official or governmental body vested with the power to finally confirm or reject proposed appointments to public office or employment.
Powers & Duties
Rendering advisory opinions to present or former public officials and public employees, or their appointing authorities or employers, regarding such individuals' duties and responsibilities under the Ethics Act.
Prescribing Statement of Financial Interests forms for filing; accepting and reviewing statements of persons required to file; and inspecting such statements to ascertain whether any reporting person has failed to file such statement or has filed a deficient statement.
Accepting and filing information voluntarily supplied that exceeds the requirements of the law.
Preserving statements and reports filed with the Commission for a period of five years, maintaining a master index of statements filed with the Commission, and making statements available for public inspection and copying.
Instructing other state and local agencies in the maintenance of systems which facilitate public access to such statements.
Investigating alleged violations of the Ethics Act; holding hearings, taking testimony, issuing subpoenas, and compelling the attendance of witnesses; and issuing decisions in relation to investigations.
Preparing and publishing an annual report, special reports, educational materials, and technical studies to further the purposes of the Ethics Act.
Prescribing rules and regulations to implement the provisions of the Ethics Act.
Holding at least two public hearings each year to seek input from persons and organizations which represent individuals subject to the Ethics Act and from other interested parties.