About the Gaming Act List
The following list of positions (hereinafter “Gaming Act List”) represents a portion of the complete list that is being compiled by the State Ethics Commission pursuant to Section 1512(a.5) of the Pennsylvania Race Horse Development and Gaming Act (“Gaming Act”), 4 Pa.C.S. § 1512(a.5). Section 1512(a.5) of the Gaming Act requires the Pennsylvania State Ethics Commission to publish a list of all state, county, municipal and other government positions that meet the definitions of “executive-level public employee” or “public official” as set forth in Section 1512(b) of the Gaming Act (see below).
The Gaming Act List is a work-in-progress. At this time, the Gaming Act List should not be considered a complete listing of positions meeting the aforesaid definitions.
Additionally, even after the Gaming Act List has been substantially completed, it will continue to be subject to change as positions are created, modified, or eliminated.
The key definitions:
Section 1512(b) of the Gaming Act defines the terms “executive-level public employee” and “public official” as follows:
“Executive-level public employee.” The term shall include the following:
(1) Deputy Secretaries of the Commonwealth and the Governor’s office executive staff.
(2) An employee of the Executive Branch with discretionary power which may affect or influence the outcome of a State agency’s action or decision and who is involved in the development of regulations or policies relating to a licensed entity or who is involved in other matters under this part. The term shall include an employee with law enforcement authority.
(3) An employee of a county or municipality with discretionary powers which may affect or influence the outcome of the county’s or municipality’s action or decision and who is involved in the development of law, regulation or policy relating to a licensed entity or who is involved in other matters under this part. The term shall include an employee with law enforcement authority.
(4) An employee of a department, agency, board, commission, authority or other governmental body not included in paragraph (1), (2), or (3) with discretionary power which may affect or influence the outcome of the governmental body’s action or decision and who is involved in the development of regulation or policy relating to a licensed entity or who is involved in other matters under this part. The term shall include an employee with law enforcement authority.
“Public official.” The term shall include the following:
(1) The Governor, Lieutenant Governor, a member of the Governor’s cabinet, Treasurer, Auditor General and Attorney General of the Commonwealth.
(2) A member of the Senate or House of Representatives of the Commonwealth.
(3) An individual elected or appointed to any office of a county or municipality that directly receives a distribution of revenue under this part.
(4) An individual elected or appointed to a department, agency, board, commission, authority or other governmental body not included in paragraph (1), (2) or (3) that directly receives a distribution of revenue under this part.
(5) An individual elected or appointed to a department, agency, board, commission, authority, county, municipality or other governmental body not included in paragraph (1), (2) or (3) with discretionary power which may influence or affect the outcome of an action or decision and who is involved in the development of regulation or policy relating to a licensed entity or who is involved in other matters under this part.
The term does not include a member of a school board or an individual who held an uncompensated office with a governmental body prior to January 1, 2006, and who no longer holds the office as of January 1, 2006. The term includes a member of an advisory board or commission which makes recommendations relating to a licensed facility. 4 Pa.C.S. § 1512(b).
Status as an executive-level public employee or public official:
Status as an executive-level public employee or public official has significance under various provisions of the Gaming Act, including but not limited to Section 1512.
A person who is an executive-level public employee or public official as defined by the Gaming Act, or who is a member of such a person’s immediate family (spouse, minor child, or unemancipated child), is subject to significant restrictions and may be subject to penalties as set forth in Sections 1512(a), (a.1), (a.2), (a.3), and (a.4) of the Gaming Act.
