act-1968-0-154•Pennsylvania Act 1968-154 — LEGISLATIVE CODE OF ETHICS
Act text
LEGISLATIVE CODE OF ETHICS
Act of Jul. 10, 1968, P.L. 316, No. 154 Cl. 46
AN ACT
Establishing a code of ethics for the General Assembly, its
officers and employes, and providing remedies for its
enforcement and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short Title.--This act shall be known and may be
cited as the "Legislative Code of Ethics."
Section 2. Legislative Findings and Declaration of Policy.--
The General Assembly finds as follows:
(1) Where government is based on the consent of the
governed, every citizen is entitled to have complete confidence
in the integrity of his government.
(2) It is deemed by the General Assembly to be the duty of
each member, officer, or employe of the legislative branch to
help earn and honor that trust by his own integrity and conduct
in all official actions.
(3) Although the vast majority of these public servants are
dedicated and serve with high integrity, most of them would
welcome a code of ethics to clearly guide them in areas which
are not now clearly defined, and
(4) It is the desire of the General Assembly to protect the
public confidence in its Legislature, to establish a guide for
all legislative members, officers and employes in decisions of
personal interest conflicts and to curb any tendencies for
exploitation of official position.
Section 3. Definitions.--Unless the context clearly
indicates otherwise, the following words and terms when used
herein shall have the respective meanings defined as follows:
(1) "Agency" means any department, agency, commission,
board, committee, authority or other instrumentality which is
created by or under the Constitution or laws of the Commonwealth
of Pennsylvania or by executive order, except local political
subdivisions or agencies, the majority of the members of whose
governing bodies are locally elected or appointed.
(2) "Agency head" and "head of any agency" mean the chief
executive or administrative officer of each of the State
agencies.
(3) "Assist" means to act, or agree to act, in such a way as
to help, aid, advise, furnish information to, or otherwise
provide assistance to another person believing that such action
is of help, aid, advice, or assistance to such person and with
intent to so assist such person.
(4) "Compensation" means any thing of economic value,
however designated, which is paid, loaned, granted, given,
donated or transferred, or to be paid, loaned, granted, given,
donated or transferred for or in consideration of personal
services to any person, official or to the State.
(5) "Gift," as used in section 5, includes any thing of
economic value with the exception of public awards,
insignificant nonpecuniary gifts, political contributions for
which an accounting is required by and is made pursuant to the
election laws, or compensation or gifts not connected with or
related to either the legislative processes or the donee's
services as a member.
(6) "Member" shall include a Senator, Representative,
officer or employe of the General Assembly or any committee
thereof; but not a person employed on a contractual basis or
without compensation for a particular project.
(7) "State action" means any action on the part of the
Commonwealth or a Commonwealth agency, including, but not
limited to: (i) any decision, determination, finding, ruling or
order, including the judgment or verdict of a court or a quasi-
judicial board, in which the Commonwealth or any of its
agencies, boards and commissions has an interest, except in such
matters, involving criminal prosecutions; (ii) any grant,
payment, award, license, contract, transaction, decision,
sanction or approval, or the denial thereof, or the failure to
act with respect thereto, in which the Commonwealth or any of
its agencies has an interest, except in such matters involving
criminal prosecutions; (iii) any disposition of any matter by
the General Assembly or any committee thereof.
(8) "Participate" in connection with a transaction involving
the Commonwealth means to take part in State action or a
proceeding personally as a Commonwealth official, through
approval, disapproval, decision, recommendation, the rendering
of advice, investigation, or the failure to act or perform a
duty.
(9) "Person" means: (i) an individual, other than a
Commonwealth agency or official; (ii) a partnership,
association, corporation, firm, institution, trust, foundation
or other legal entity (other than an agency), whether or not
operated for profit; (iii) a district, county, municipality or
other political subdivision of the State, or any subdivision
thereof, provided such is not an agency; (iv) a foreign country
or subdivision thereof, or (v) any other entity which is not a
Commonwealth agency or official.
(10) "Responsibility" in connection with a transaction
involving the Commonwealth means the direct administration or
operating authority whether intermediate or final, and either
exercisable alone or with others, and either personally or
through or with others or subordinates, to effectively approve,
disapprove, fail to act or perform a duty, or otherwise direct
State action in respect of such transaction.
(11) "Thing of economic value" means any money or other
thing having economic value except food, drink or refreshments
consumed by an official including reasonable transportation and
entertainment incident thereto, while the personal guest of some
person, and includes, without limiting the generality of the
foregoing: (i) any loan, except a bone fide loan made by a duly
licensed bank or savings and loan association at the normal rate
of interest, any property interest, interest in a contract,
merchandise, service and any employment or other arrangement
involving a right to compensation; (ii) any option to obtain a
thing of economic value, irrespective of the conditions to the
exercise of such option; and (iii) any promise or undertaking
for the present or future delivery or procurement of a thing of
economic value.
In the case of an option, promise or undertaking, the time of
receipt of the thing of economic value shall be deemed to be,
respectively, the time the right to the option becomes fixed,
regardless of the conditions to its exercise, and the time when
the promise or undertaking is made, regardless of the conditions
to its performance.
(12) "Transaction involving the Commonwealth" means any
proceeding, application, submission, request for a ruling or
other determination, contract, claim, case or other such
particular matter which the official in question believes, or
has reason to believe: (i) is, or will be, the subject of State
action, or (ii) is one to which the Commonwealth is or will be a
party, or (iii) is one in which the Commonwealth has a direct
interest.
Section 4. Standards of Conduct.--In addition to the other
provisions of this act and in supplement thereto, the following
are established as standards of conduct for members. No member
shall:
(1) Accept employment or engage in any business or
professional activity which will require him to disclose
confidential information which he has gained by reason of his
official position or authority.
(2) Improperly disclose confidential information acquired by
him in the course of his official duties nor use such
information to further his personal interests.
(3) Use or attempt to use his official position to secure
unwarranted privileges or exemptions for himself or others.
Section 5. Prohibitions.--(a) No member shall knowingly
solicit, accept, or receive any gift or compensation other than
that to which he is duly entitled from the Commonwealth which is
intended to influence the performance of his official duties or
which would influence the performance of his official duties nor
shall any member solicit, accept, or receive any such gift or
compensation for advocating the passage or defeat of any
legislation or for doing any act intended to influence the
passage or defeat of legislation including, in the case of a
Senator or Representative, his vote thereon.
(b) No member shall receive compensation or any thing of
economic value for any consultation, the subject matter of
which:
(1) Is devoted substantially to the responsibilities,
programs, or operations of the General Assembly, or
(2) Draws substantially upon official data or ideas which
have not become part of the body of public information.
(c) No member shall participate as a principal in any
transaction involving the Commonwealth or any Commonwealth
agency in which he, his spouse or child, or any person of which
he is an officer, director, trustee, partner or employe has a
substantial personal economic interest as distinguished from
that of a general class or general group of persons of which he
may reasonably be expected to know.
(d) No member shall receive any compensation or enter into
any agreement with any person for compensation for services
rendered or to be rendered, for assisting any person in any
transaction involving the Commonwealth or any of its officials
or agencies unless he shall file with the Chief Clerk of the
House of Representatives or Secretary of the Senate, as the case
may be, a written statement, giving the following information:
(1) Name and address of member.
(2) The name and address of the person employing or
retaining the member to perform such services.
(3) Whether the amount of compensation for services rendered
or to be rendered is (i) one thousand dollars ($1000), or more,
or (ii) less than one thousand dollars ($1000).
(4) A brief description of the transaction in reference to
which service is rendered or is to be rendered, and of the
nature of the service.
The sworn statement shall be filed with the chief clerk or
secretary within ten days from the date such agreement, express
or implied, was entered into, or the compensation was received.
Such statement of disclosure shall be deemed confidential and
privileged and shall only be made public in connection with a
public hearing for an alleged violation of this code where such
would be relevant to the charges made and for which the member
is being tried.
(e) Subsections (a), (b), (c) and (d) of this section 5,
shall not apply to:
(1) Receipt of bona fide reimbursement, to the extent
permitted by law, for actual expenses for travel and such other
necessary subsistence as is compatible with this act and for
which no Commonwealth payment or reimbursement is made.
(2) Participation in the affairs of charitable, religious,
nonprofit educational, public service or civic organizations, or
the activities of national or State political parties not
proscribed by law.
(3) Awards for meritorious public contribution given by
public service or civic organizations.
(4) Sharing in any compensation received from the
Commonwealth or from any political subdivision of the
Commonwealth by a person of which such member owns or controls
any portion thereof, provided such compensation was received by
such person as a result of having made the lowest competitive
bid on a Commonwealth contract or subcontract and having had
such bid accepted by the Commonwealth or the general contractor,
or by reason of an engagement by the Commonwealth in emergency
circumstances where dispensation with bidding is permitted by
law, and provided such member did not assist in the procurement
of the Commonwealth's or the subdivision's or the general
contractor's acceptance of such low bid or engagement without
bidding.
(5) Campaign contributions for use in meeting campaign
expenses by any official who is or becomes a candidate for
election to the same or another public office.
(6) Receipt of compensation from the Commonwealth, directly
or indirectly, where: (i) the total interest of the member and
his immediate family in the person receiving said compensation
is less than ten percent, or (ii) the member or the person in
which he has an interest is the exclusive supplier of the real
or personal property or service purchased by the Commonwealth,
or (iii) the service purchased is newspaper advertising required
by law.
(7) Receipt of compensation, directly or indirectly, by a
member who is an attorney-at-law, for services in a proceeding
where he represents an interest adverse to that of the
Commonwealth, where the proceeding is before any court, where
the Commonwealth has a right to judicial review in a proceeding
not initially before a court, or where the proceeding involves
only the uncontested and routine action of administrative
officers or employes of the Commonwealth in issuing or renewing
a license, charter, certificate or similar document.
(f) No member shall use for private gain any information not
available to the public at large and acquired by him solely by
virtue of his position.
(g) No information described in subsection (f) of this
section 5 shall be disclosed by a member to others for purposes
of their use for private gain, in circumstances where the use of
such information by the member would violate subsection (f) of
this section 5.
Section 6. Penalties.--(a) Any person violating section 5 of
this act shall be guilty of a misdemeanor, and upon conviction
thereof be sentenced to pay a fine of not more than one thousand
dollars ($1000) and costs and, in default of the payment of such
fine and costs, shall undergo imprisonment for not more than two
years.
(b) All fines and penalties imposed under the provisions of
this section shall be paid into the General Fund of the
Commonwealth.
Section 7. Civil Remedies.--(a) Any agency head having final
authority to approve or execute a contract between the
Commonwealth and a private party may cancel or rescind any such
contract without further liability to the Commonwealth where he
finds that a violation of this act has influenced the making of
said contract; provided, such rescission shall be limited so as
not to affect adversely the interests of innocent third parties;
and provided further, that no such action shall be initiated
before the affirmative finding of the appropriate House or
Senate Committee on Ethics that a violation has occurred.
(b) The finding referred to in subsection (a) supra shall be
made in accordance with the act of June 4, 1945 (P.L.1388), as
amended, known as the "Administrative Agency Law," and shall be
subject to judicial review, provided that the executive officer
may suspend the contract pending determination of the merits of
the controversy.
(c) The Attorney General may bring a civil action against
any member or former member in the judicial district in which
said person is domiciled, who shall, to his economic advantage,
have acted in violation of this act, to recover on behalf of the
Commonwealth an amount equal to such economic advantage, with
interest; provided, that no such action shall be brought before
the affirmative finding of the appropriate House or Senate
Committee on Ethics that a violation has occurred.
(d) No action under subsection (c) of this section 7 shall
be commenced after the expiration of two years following the
discovery by an agency head or an Ethics Committee of the
General Assembly of the occurrence of the alleged violation, or
four years after the occurrence of the alleged violation,
whichever period is shorter.
(e) The Senator or Representative having responsibility for
hiring an employe of the General Assembly may, and if so ordered
by the Ethics Committee of his respective house, shall, dismiss,
suspend or take such other action as may be appropriate under
the circumstances with respect to any employe upon a finding by
the Senator or Representative or by said committee that such
employe has violated any of the provisions of this act.
Section 8. Severability Clause.--The provisions of this act
are severable and if any provision or part thereof shall be held
invalid or unconstitutional or inapplicable to any person or
circumstances, such invalidity, unconstitutionality or
inapplicability shall not affect or impair the remaining
provisions of the act.
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