6017 - Interests of public officers, public employees and party officers.

     § 6017.  Interests of public officers, public employees and                party officers.        (a)  Restrictions upon authority management-level     employees.--            (1)  No party officer, public officer, public official,        public employee or a member of the immediate family of a        party officer, public officer or public official shall be        employed as a management-level authority employee.            (2)  No person convicted of an infamous crime shall be a        member of the board or employed as a management-level        employee by the authority.        (b)  Restricted activities; statement of financial interests;     public meetings and records.--The provisions of 65 Pa.C.S. Ch.     11 (relating to ethics standards and financial disclosure) and     the act of July 19, 1957 (P.L.1017, No.451), known as the State     Adverse Interest Act, are specifically applicable to board     members, officers and employees of the authority. For the     purposes of application of those acts, employees of the     authority shall be regarded as public employees of the     Commonwealth, and officers or board members of the authority     shall be regarded as public officials of the Commonwealth,     whether or not they receive compensation. The authority shall     also be subject to 65 Pa.C.S. Ch. 7 (relating to open meetings)     and the act of June 21, 1957 (P.L.390, No.212), referred to as     the Right-to-Know Law.        (c)  Conflicts of interest.--Notwithstanding the provisions     of subsection (b), all of the following prohibitions shall apply     to the authority:            (1)  No management-level employee or other employee of        the authority shall use his position with the authority, or        any confidential information received through his position        with the authority, to obtain financial gain other than        compensation provided by law for himself, a member of his        immediate family or a business with which he is associated.            (2)  No person shall offer or give to a board member, a        management-level employee or other employee of the authority        or a member of his immediate family or a business with which        he is associated, and no board member, management-level        employee or other employee of the authority shall solicit or        accept, anything of value, including a gift, loan, political        contribution, reward or promise of future employment, based        on any understanding that the vote, official action or        judgment of the board member, management-level employee or        other employee of the authority would be influenced thereby.            (3)  No board member, management-level employee or other        employee of the authority or a member of his immediate family        or any business in which the person or a member of the        person's immediate family is a director, officer, owner or        holder of stock exceeding 5% of the equity at fair market        value of the business shall enter into any contract valued at        $500 or more to provide goods or services to the authority        unless the contract has been awarded to the lowest        responsible bidder through an open and public process,        including prior public notice and subsequent public        disclosure of all proposals considered and contracts awarded.            (4)  No former board member, management-level employee or        other employee of the authority shall represent a person,        with or without compensation, on any matter before the        authority with which he has been associated for one year        after he leaves the authority.            (5)  Neither an individual who is a State, city or county        public officer or public official or any party officer or        member of the immediate family of such individual nor a        business with which such individual or member of the        individual's immediate family is associated shall have a        financial interest in any contract valued at $500 or more to        provide goods or services to the authority either during the        time the person holds office or for two years after the        person terminates office unless the contract is executed        pursuant to the provisions of paragraph (3). For purposes of        this paragraph, the term "financial interest" does not        include employment by, association with or ownership of a        business association unless the public officer, public        official, party officer or member of the immediate family of        the individual owns shares of stock in a corporation in an        amount in excess of 5% of the total issue for the stock of        the corporation or has an ownership interest in any        noncorporate business association in an amount in excess of        5% of the total ownership of a noncorporate business        association.            (6)  No board member, management-level employee or other        employee of the authority or an advisor or consultant to the        State, city or the county having recommended to the authority        which he serves either the making of a contract relating to a        convention center authority or a course of action of which        the making of such a contract is an express or implied part        shall, at any time thereafter, have an adverse interest in        the contract.            (7)  No board member, management-level employee or other        employee of the authority, the State, the city or the county        shall influence or attempt to influence the making of or        supervise or in any manner deal with any contract with the        authority in which the employee has an adverse interest.            (8)  No board member, management-level employee or other        employee of the authority shall have an adverse interest in        any contract with the authority.            (9)  No person having an adverse interest in a contract        with the authority shall become a board member, management-        level employee or other employee of the authority until the        adverse interest has been wholly divested.            (10)  No board member, management-level employee or other        employee of the authority, the State, the city or the county,        except in the performance of his duties as such employee,        shall for remuneration, directly or indirectly, represent any        other person upon any matter pending before the authority.        (d)  Enforcement; penalties.--            (1)  Any person who violates the provisions of this        section shall have employment by the authority or membership        on the board terminated immediately by the appropriate person        having the power to terminate and shall be liable to the        authority to reimburse the authority for all compensation        received from the authority while employed in violation of        this section.            (2)  Any person who violates the provisions of subsection        (c)(1) or (2) is guilty of a felony and shall be fined not        more than $10,000 or imprisoned for not more than five years        or be both fined and imprisoned.            (3)  Any person who violates the provisions of subsection        (c)(3) through (10) is guilty of a misdemeanor and shall be        fined not more than $1,000 or imprisoned for not more than        one year or be both fined and imprisoned.            (4)  Any person who obtains financial gain from violating        any provisions of subsection (c), in addition to any other        penalty provided by law, shall pay into the accounts of the        authority a sum of money equal to three times the financial        gain resulting from the violation.            (5)  Any person who violates the provisions of subsection        (c) shall be barred for a period of five years from engaging        in any business or contract with the authority, the State,        the city and any political subdivision.            (6)  Any employee of the State, city or any political        subdivision or any public officer or public official who        violates subsection (c) shall automatically forfeit any        office or employment the employee holds.            (7)  The penalties and sanctions provided by this section        shall supersede any similar penalties and sanctions provided        by the Public Official and Employee Ethics Law and State        Adverse Interest Act.        (e)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Business."  Any corporation, partnership, sole     proprietorship, firm, enterprise, franchise, association,     organization, self-employed individual, holding company, joint-     stock company, receivership, trust or any legal entity organized     for profit or as a not-for-profit corporation or organization.        "Business with which he is associated."  Any business in     which the person or a member of the person's immediate family is     a director, officer, owner, employee or holder of stock.        "County."  A county within the Philadelphia Metropolitan     Statistical Area as defined in this chapter.        "Immediate family."  A parent, spouse, child, brother, sister     or like relative-in-law.        "Infamous crime."  Any violation and conviction for an     offense which would disqualify an individual from holding public     office pursuant to section 6 of Article II of the Constitution     of Pennsylvania; any conviction for a violation of this section;     any conviction for a violation of 18 Pa.C.S. § 4113 (relating to     misapplication of entrusted property and property of government     or financial institutions) or 18 Pa.C.S. Ch. 47 (relating to     bribery and corrupt influence), 49 (relating to falsification     and intimidation), 51 (relating to obstructing governmental     operations) or 53 (relating to abuse of office); any other     violation of the laws of this Commonwealth for which an     individual has been convicted within the preceding ten years and     which is classified as a felony; or a similar violation of the     law of any other state or the Federal Government.        "Management-level authority employee."  The counsel employed     by the authority, the executive director of the authority and     any authority employee with discretionary powers which may     affect the outcome of the authority's decision in relation to a     private corporation or business or any employee who by virtue of     his job function could influence the outcome of such a decision.        "Party officer."  The following members or officers of any     political party:            (1)  a member of a national committee;            (2)  a chairman, vice chairman, secretary, treasurer or        counsel of a State committee or member of the executive        committee of a State committee;            (3)  a county chairman, vice chairman, counsel, secretary        or treasurer of a county committee; or            (4)  a city chairman, vice chairman, counsel, secretary        or treasurer of a city committee.        "Person."  A business, individual, corporation, union,     association, firm, partnership, committee, club or other     organization or group of persons.        "Public employee."  An individual employed by the     Commonwealth or a political subdivision who is responsible for     taking or recommending official action of a nonministerial     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        interest of any person. A public employee shall not include        individuals who are employed by the State or any political        subdivision in teaching as distinguished from administrative        duties.        "Public officer."  A person elected to any public office of     the Commonwealth or any political subdivision.        "Public official."  An elected or appointed official in the     executive, legislative or judicial branch of the State or any     political subdivision. The term does not include members of     advisory boards who 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.     The term does not include any appointed official who receives no     compensation other than reimbursement for actual expenses.        References in Text.  The act of June 21, 1957 (P.L.390,     No.212), referred to as the Right-to-Know Law, referred to in     subsec. (b), was repealed by the act of Feb. 14, 2008 (P.L.6,     No.3), known as the Right-to-Know Law.