(a) Employment.--Party officers, public officers, public officials, public employees or individuals convicted of an infamous crime may not be employed as a management-level authority employee.(b) Public employees.--The act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act, and 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) apply to board members, officers and employees of the authority and the following apply: (1) For the purposes of application of these acts and regardless of compensation, the employees of the authority shall be regarded as public employees and officers or board members of the authority shall be regarded as public officials.(2) The authority shall be subject to the act of February 14, 2008 (P.L.6, No. 3), known as the Right-to-Know Law, and to 65 Pa.C.S. Ch. 7 (relating to open meetings).(c)Prohibitions.--Notwithstanding subsection (c), the following prohibitions shall apply to the authority created under this subchapter:(1) A management-level employee or other employee of the authority may not use the employee's position or confidential information received through the employee's position to obtain financial gain other than compensation provided by law for the employee, a member of the employee's immediate family or a personal business.(2) A management-level employee or other employee of the board or a member of the employee's immediate family or a personal business may not solicit or accept anything of value, including a gift, loan, political contribution, reward or promise of future employment, based on an understanding that the vote, official action or judgment of the employee would be influenced.(3) A management-level employee or other employee of the board or a member of the employee's immediate family or a 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 may not enter into a 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) A former management-level employee or other former employee of the board may not represent a person, with or without compensation, on any matter before the authority with which a former management-level employee or other former employee of the board has been associated for one year after separation from the authority.(5)(i) An individual who is a State, county seat or county public officer or public official or party officer or a member of the individual's immediate family or the individual's personal business may not have a financial interest in a contract valued at $500 or more to provide goods or services to the authority either during the time the individual holds the office or for two years after termination unless the contract is executed under paragraph (3).(ii) 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 immediate family member owns shares of stock in the corporation or has an ownership interest in a noncorporate business association in an amount in excess of 5% of the total ownership of the noncorporate business association.(6) A management-level employee, other employee of the board, an advisor or consultant to the county seat, the county or the State, having recommended to the authority either making a contract relating to a convention center authority or a course of action of which the making of the contract is an express or implied part, may not, at any time after making the recommendation, possess an adverse interest in the contract.(7) A management-level employee or other employee may not have an adverse interest in a contract with an authority. The following shall apply:(i) A management-level employee or other employee of the authority, the county seat, the county or the state may not influence or attempt to influence the making of or supervise or in any manner deal with a contract with the authority in which the employee has an adverse interest.(ii) A person having an adverse interest in a contract with the authority may not become a management-level employee or other employee of the authority until the adverse interest has been wholly divested.(8) A management-level employee or other employee of the authority, the county seat, the county or the State, except in the performance of his duties as an employee, may not for remuneration, directly or indirectly, represent a person in a matter pending before the authority.(d) Penalties.--An individual who violates this section shall have the individual's employment by the authority immediately terminated by the appropriate person having the power to terminate and shall be liable to the authority to reimburse the authority for all compensation received by the employee from the authority while employed in violation of subsection (b). The following shall apply: (1) An individual who violates subsection (c)(1) or (2) commits a felony and, upon conviction, shall be sentenced to pay a fine of not more than $10,000 or to imprisonment for not more than five years, or both.(2) An individual who violates subsection (c)(3), (4), (5), (6), (7) or (8) commits a misdemeanor and, upon conviction, shall be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than one year, or both.(3) An individual who obtains financial gain from violating 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.(4) An individual who violates subsection (c) shall be barred for a period of five years from engaging in any business or contract with the authority, the county seat, the county, the State and all political subdivisions.(5) An employee of the county seat, county, State or any political subdivision or a public officer or public official who violates subsection (c) shall automatically forfeit the office or employment.(6) The penalties and sanctions under this section shall supersede any similar penalties and sanctions provided by 65 Pa.C.S. Ch. 11 and the State Adverse Interest Act.(e) Definitions.--The following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:"Business." A 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.
"Immediate family." A parent, spouse, child, brother, sister or like relative-in-law.
"Infamous crime." A violation and conviction for an offense which would disqualify an individual from holding public office under section 6 of Article II of the Constitution of Pennsylvania or a conviction for a violation of this section, 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) or any other violation of the laws of this Commonwealth for which an individual has been convicted within the preceding 10 years and which is classified as a felony, and similar violations of the laws of the Federal Government or another state.
"Management-level authority employee." The chairperson and members of the board of the authority, 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 the employee's job function could influence the outcome of the decision.
"Party officer." The following members or officers of a political party:
(1) a member of a national committee;(2) a chairperson, vice chairperson, secretary, treasurer or counsel of a State committee or member of the executive committee of a State committee;(3) a city chairperson or vice chairperson or counsel, secretary or treasurer of a city committee; or(4) A county chairperson or vice chairperson or counsel, secretary or treasurer of a county committee."Person." A business, individual, corporation, union, association, firm, partnership, committee, club or other organization or group of persons.
"Public employee."
(1) 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: (i) contracting or procurement;(ii) administering or monitoring grants or subsidies;(iii) planning or zoning;(iv) inspecting, licensing, regulating or auditing any person; or(v) any official action which has an economic impact of greater than a de minimis nature on the interest of any person.(2) The term does not include individuals who are independent contractors or persons that are employed by the state or a political subdivision in teaching, as distinguished from administrative duties."Public officer." An individual elected to any public office of the Commonwealth or a political subdivision.
"Public official."
(1) An elected or appointed official in the executive, legislative or judicial branch of the State or a political subdivision.(2) The term does not include members of advisory boards that have no authority to expend public money other than reimbursement for personal expenses or to otherwise exercise the power of the State or a political subdivision.(3) The term does not include an appointed official who receives no compensation other than reimbursement for actual expenses.Added by P.L. (number not assigned at time of publication) 2024 No. 14,§ 4, eff. 7/8/2024.