1106 - State Ethics Commission.
§ 1106. State Ethics Commission. (a) Continuation of commission.--The State Ethics Commission established under the act of October 4, 1978 (P.L.883, No.170), referred to as the Public Official and Employee Ethics Law, is continued and shall be composed of seven members. The President pro tempore of the Senate, the Minority Leader of the Senate, the Speaker of the House and the Minority Leader of the House shall each appoint one member. Three members shall be appointed by the Governor without confirmation. No more than two of the members appointed by the Governor shall be of the same political party. No appointee shall have served as an officer in a political party for one year prior to his appointment. (b) Term of service.--Members of the commission shall serve for terms of three years, except that members shall continue to serve until their successors are appointed and qualified. (c) Maximum number of terms.--No member shall be appointed to more than two full three-year terms on the commission. (d) Prohibited activities.--No individual while a member or employee of the commission shall: (1) hold or campaign for any other public office; (2) hold office in any political party or political committee; (3) actively participate in or contribute to any political campaign; (4) directly or indirectly attempt to influence any decision by a governmental body other than a court of law or as a representative of the commission on a matter within the jurisdiction of the commission; or (5) be employed by the Commonwealth or a political subdivision in any other capacity, whether or not for compensation. (e) Vacancy.--A majority of the commission by resolution shall declare vacant the position on the commission of any member who takes part in activities prohibited by subsection (d). An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed for the unexpired term of the member he succeeds and is eligible for appointment to two full three-year terms thereafter. Any vacancy occurring on the commission shall be filled within 30 days in the manner in which that position was originally filled. (f) Election of chairman and vice chairman.--The commission shall elect a chairman and a vice chairman. The vice chairman shall act as chairman in the absence of the chairman or in the event of a vacancy in that position. (g) Quorum.--Four members of the commission shall constitute a quorum, and, except as provided in section 1108(g) (relating to investigations by commission), the votes of a majority of the members present are required for any action or recommendation of the commission. The chairman or any four members of the commission may call a meeting provided that advance written notice is mailed to each member and to any person who requests notice of such meetings. (h) Compensation.--Members of the commission shall be compensated at a rate of $250 per day and shall receive reimbursement for their actual and necessary expenses while performing the business of the commission. (i) Staff.--The commission shall employ an executive director, a chief counsel and such other staff as are necessary to carry out its duties pursuant to this chapter. The executive director shall be responsible for the administrative operations of the commission and shall perform such other duties as may be delegated or assigned to him by the commission, except that the commission shall not delegate the making of regulations to the executive director. The chief counsel shall be the chief legal officer of the commission. The commission may obtain the services of experts and consultants as necessary to carry out its duties pursuant to this chapter. The State Treasurer and the Attorney General shall make available to the commission such personnel, facilities and other assistance as the commission may request. (j) Regulations.--The commission shall develop regulations that provide for a code of conduct to govern the activities and ethical standards of its members, which code shall subject the members of the commission to no less than is required for public officials or public employees under this chapter.