Pennsylvania Code
Title 51 - PUBLIC OFFICERS
Part I - State Ethics Commission
Chapter 11 - GENERAL PROVISIONS
Section 11.1 - Definitions
Current through Register Vol. 54, No. 44, November 2, 2024
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise. Additional definitions are set forth in the act.
Act-Chapter 11 of 65 Pa.C.S. (relating to Public Official and Employee Ethics Act).
Administering or monitoring grants-Directing, supervising or approving the expenditure or reimbursement of grant funds or monitoring another person's or organization's administering of grant funds. The term does not include compiling expenditures, comparing actual to planned expenditures or reimbursements, preparing comparative reports or completing grant proposals or reimbursement forms under specific direction.
Advice-A directive of the Chief Counsel of the Commission issued under 65 Pa.C.S. § 1107(11) (relating to powers and duties of commission) and based exclusively on prior Commission opinions, the act, regulations promulgated under the act and court opinions which interpret the act. See 65 Pa.C.S. § 1102 (relating to definitions).
Appointing authority-The person who is vested with the power to appoint, hire or terminate; if the power is vested in a governmental body, a majority vote of a quorum of that body constitutes the appointing authority.
Audit-A review of statements of financial interests to determine compliance with the act and to provide technical assistance in its administration.
Chair-The Chair of the Commission.
Chairperson-The Chairperson of the Commission.
Child-The term includes adopted and biological children.
Clear and convincing proof-To a degree which requires more than a preponderance of the evidence but less than beyond a reasonable doubt.
Commission-The State Ethics Commission of the Commonwealth.
Commissioner-An appointed and seated member of the Commission.
Confirmation-The power vested in a person or governmental body to approve the nomination of persons.
Contracting or procurement-Awarding a contract or making a decision to purchase by the preparation of requests for bids and proposals, the solicitation and evaluation of proposals or the selection of a vendor. The term does not include contracting or purchasing through master contracts or purchasing schedules already awarded.
De minimis economic impact-An economic consequence which has an insignificant effect.
Director-An officer acting as an agent for a business who is authorized to regulate, manage and direct alone or in conjunction with other officers.
Docket-The official assignment of a file number to a matter submitted to the Commission.
Election-The term includes primary, special or general elections.
Employed by-Used in any capacity, with or without compensation. This definition is only used in the context of 65 Pa.C.S. § 1106(d)(5) (relating to State Ethics Commission).
Employer-One who uses the services of others and pays their wages, salaries or other compensation.
Filed-Official papers are filed on the date they are physically received at the Commission office whether delivered by United States mail, express carrier, hand delivery, electronic mail, facsimile or any other method approved by the Commission.
Governing authority-The body empowered to enact ordinances, appropriations and resolutions or to otherwise govern a subordinate body.
Gross negligence-The failure to perform a manifest duty in reckless disregard of the consequences or a gross want of care and regard for the rights of others as to justify the presumption of willfulness and wantonness.
Inspecting, licensing, regulating or auditing-The normal meanings of the terms apply, but the terms do not include activities which are exclusively internal in nature, such as auditing the internal process of an organization, and clerical and procedural activities in issuing permits and licenses.
Local-Governmental units other than the Commonwealth or counties.
Office-The position of president, vice president, secretary, treasurer and other positions designated as an office in the bylaws of the business.
Opinion-A directive of the Commission issued under 65 Pa.C.S. § 1107(10) setting forth a public official's or public employee's duties under the act.
Planning or zoning-An action which is directed by a planning commission, zoning board, department, agency or governmental body which involves the regulation of real property.
Political subdivision-A county, city, borough, incorporated town, township, school district, vocational school, county institution district and an authority, entity or body organized by the aforementioned.
Public employee-
(i) The term includes an individual who is employed by the Commonwealth or a political subdivision and who is responsible for taking or recommending official action of a nonministerial nature with regard to one or more of the following:
(ii) The following criteria will be used, in part, to determine whether an individual is within the definition of "public employee"
(iii) The term does not include individuals who are employed by the Commonwealth or a political subdivision of the Commonwealth in teaching as distinguished from administrative duties.
(iv) Persons in the following positions are generally considered public employees:
(v) Persons in the following positions are generally not considered public employees:
Public official-A 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 or a political subdivision thereof. The term does not include members of advisory boards that have no authority to expend public funds other than reimbursement for personal expense, or to exercise otherwise the power of the Commonwealth or a political subdivision thereof.
(i) The following criteria will be used to determine if the exception in this paragraph is applicable:
(ii) The term does not include judges and inspectors of elections, notary publics and political party officers.
(iii) The term generally includes persons in the following offices:
Requester-The person seeking an advice or opinion from the Commission.
Respondent-The person who is the subject of a complaint, inquiry or investigation.
Service-Official papers are deemed served on the date of United States postmark if delivered by United States mail, the pickup date if delivered by express carrier or the date received from the Commission if hand delivered or transmitted by electronic mail or fax.
Staff-The Executive Director, the Chief Counsel, investigators and other personnel as may be employed by or assigned to assist the Commission.
Sworn complaint-A complaint on a form promulgated by the Commission or its equivalent which is notarized and contains the provision that the complaint is signed under the penalty of perjury.
Unannounced write-in-candidate-An individual who is not a "candidate" as defined in the act and who received sufficient write-in votes on election day to be elected to or nominated for an office.
Vice Chair-The Vice Chair of the Commission.
This section cited in 51 Pa. Code §31.1 (relating to definitions); 51 Pa. Code § 51.1 (relating to definitions).
