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. 28, July 13, 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:
(A)
				Contracting or procurement.
(B)
				Administering or monitoring grants or subsidies.
(C) Planning or zoning.
(D) Inspecting, licensing, regulating or
				auditing a person.
(E) Other
				activities in which the official action has greater than a de minimis economic
				impact.