§ 1103. Restricted activities.
(a) Conflict of interest.--No public official or public employee shall engage in conduct that constitutes a conflict
of interest.
(b) Seeking improper influence.--No person shall offer or give to a public official, public employee or nominee or
candidate for public office or a member of his immediate family or a business with
which he is associated anything of monetary value, including a gift, loan, political
contribution, reward or promise of future employment based on the offeror's or donor's
understanding that the vote, official action or judgment of the public official or
public employee or nominee or candidate for public office would be influenced thereby.
(c) Accepting improper influence.--No public official, public employee or nominee or candidate for public office shall
solicit or accept anything of monetary value, including a gift, loan, political contribution,
reward or promise of future employment, based on any understanding of that public
official, public employee or nominee that the vote, official action or judgment of
the public official or public employee or nominee or candidate for public office would
be influenced thereby.
(d) Honorarium.--No public official or public employee shall accept an honorarium.
(e) Contingent and severance payments.--
(1) No person shall solicit or accept a severance payment or anything of monetary value
contingent upon the assumption or acceptance of public office or employment.
(2) This subsection shall not prohibit:
(i) Payments received pursuant to an employment agreement in existence prior to the time
a person becomes a candidate or is notified by a member of a transition team, a search
committee or a person with appointive power that he is under consideration for public
office or makes application for public employment.
(ii) Receipt of a salary, fees, severance payment or proceeds resulting from the sale of
a person's interest in a corporation, professional corporation, partnership or other
entity resulting from termination or withdrawal therefrom upon the assumption or acceptance
of public office or employment.
(3) Payments made or received pursuant to paragraph (2)(i) and (ii) shall not be based
on the agreement, written or otherwise, that the vote or official action of the prospective
public official or employee would be influenced thereby.
(f) Contract.--No public official or public employee or his spouse or child or any business in which
the person or his spouse or child is associated shall enter into any contract valued
at $500 or more with the governmental body with which the public official or public
employee is associated or any subcontract valued at $500 or more with any person who
has been awarded a contract with the governmental body with which the public official
or public employee is associated unless the contract has been awarded through an open
and public process, including prior public notice and subsequent public disclosure
of all proposals considered and contracts awarded. In such a case, the public official
or public employee shall not have any supervisory or overall responsibility for the
implementation or administration of the contract. Any contract or subcontract made
in violation of this subsection shall be voidable by a court of competent jurisdiction
if the suit is commenced within 90 days of the making of the contract or subcontract.
(g) Former official or employee.--No former public official or public employee shall represent a person, with promised
or actual compensation, on any matter before the governmental body with which he has
been associated for one year after he leaves that body.
(h) Misuse of statement of financial interest.--No person shall use for any commercial purpose information copied from statements
of financial interests required by this chapter or from lists compiled from such statements.
(i) Former executive-level employee.--No former executive-level State employee may for a period of two years from the time
that he terminates employment with this Commonwealth be employed by, receive compensation
from, assist or act in a representative capacity for a business or corporation that
he actively participated in recruiting to this Commonwealth or that he actively participated
in inducing to open a new plant, facility or branch in this Commonwealth or that he
actively participated in inducing to expand an existent plant or facility within this
Commonwealth, provided that the above prohibition shall be invoked only when the recruitment
or inducement is accomplished by a grant or loan of money or a promise of a grant
or loan of money from the Commonwealth to the business or corporation recruited or
induced to expand.
(j) Voting conflict.--Where voting conflicts are not otherwise addressed by the Constitution of Pennsylvania
or by any law, rule, regulation, order or ordinance, the following procedure shall
be employed. Any public official or public employee who in the discharge of his official
duties would be required to vote on a matter that would result in a conflict of interest
shall abstain from voting and, prior to the vote being taken, publicly announce and
disclose the nature of his interest as a public record in a written memorandum filed
with the person responsible for recording the minutes of the meeting at which the
vote is taken, provided that whenever a governing body would be unable to take any
action on a matter before it because the number of members of the body required to
abstain from voting under the provisions of this section makes the majority or other
legally required vote of approval unattainable, then such members shall be permitted
to vote if disclosures are made as otherwise provided herein. In the case of a three-member
governing body of a political subdivision, where one member has abstained from voting
as a result of a conflict of interest and the remaining two members of the governing
body have cast opposing votes, the member who has abstained shall be permitted to
vote to break the tie vote if disclosure is made as otherwise provided herein.
Cross References. Section 1103 is referred to in section 1109 of this title; section 1201 of Title 4
(Amusements); section 1142 of Title 8 (Boroughs and Incorporated Towns); section 112A03
of Title 11 (Cities); section 3702 of Title 73 (Townships).
Notes of Decisions
Cited in
79
cases (
11 in the last 5 years), 1999–2026 · leading case:
Commonwealth v. Orie, 88 A.3d 983 (Pa. Super. Ct. 2014).
Commonwealth v. Orie, 88 A.3d 983 (Pa. Super. Ct. 2014).
· cites it 6× “CONFLICT OF INTEREST STATUTE In her final claim, Orie challenges the Pennsylvania conflict of interest statute, 65 Pa.C.S. § 1103. Orie claims the statute is unconstitutionally vague on its face as well as vague and overbroad because it violates her right of free speech and…”
Shaulis v. Pennsylvania State Ethics Comm'n, 833 A.2d 123 (Pa. 2003).
· cites it 12× “" 65 Pa.C.S. § 1103(g). However, the state legislature is not the body vested with the power to enact such a restriction; that authority lies with this Court through the promulgation of the Pennsylvania Rules of Professional Conduct.”
Commonwealth v. Veon, 150 A.3d 435 (Pa. 2016).
· cites it 4× “” 65 Pa.C.S. § 1103. The immediately preceding section defines conflict of interest as "[u]se bya public official .”
Yocum v. Commonwealth, Pennsylvania Gaming Control Bd., 161 A.3d 228 (Pa. 2017).
· cites it 4× “” 65 Pa.C.S. §1103(g). After the State Ethics Commission confirmed Section 1103(g) applied to limit Shaulis’s ability to practice in the relevant tribunals, this Court determined she was aggrieved because “if she took the actions therein proscribed, she would expose herself to…”
Nutter v. Dougherty, 938 A.2d 401 (Pa. 2007).
· cites it 5× “Appellees observe that the Ethics Act, too, contains a modest campaign contribution provision, see 65 Pa. C.S. § 1103, [16] and thus should be read in pari materia with the Election Code.”
Kistler v. Commonwealth, State Ethics Comm'n, 22 A.3d 223 (Pa. 2011).
· cites it 8× “Whether a public official may violate § 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), despite lacking the intent to use his office for private pecuniary gain.”
Brimmeier v. Pennsylvania Tpk. Comm'n, 147 A.3d 954 (Pa. Commw. Ct. 2016).
· cites it 3× “In addition, the AG charged Brimmeier under Section 1103 of the Public Official and Employee Ethics Act (Ethics Act) as follows: Counts 6, 9—Section 1103(a), 65 Pa.C.S. § 1103(a) (conflict of interest) (F) Count 7—Section 1103(c), 65 Pa.”
Rendell v. Pennsylvania State Ethics Comm'n, 983 A.2d 708 (Pa. 2009).
· cites it 2× “See 65 Pa.C.S. § 1103(a). Such a conflict arises when a public official or public employee uses the authority of his or her office for the private pecuniary benefit of himself, a family member, or a "business with which he or a member of his immediate family is associated.”
Shaulis v. Pennsylvania State Ethics Comm'n, 739 A.2d 1091 (Pa. Commw. Ct. 1999).
· cites it 8× “The subject matter of repealed Section 3(a) is found in Section 1103(a) of the Act, 65 Pa.C.S. § 1103(a), which provides: (a) Conflict of interest.”
Commonwealth v. Feese, 79 A.3d 1101 (Pa. Super. Ct. 2013).
· cites it 3× “The charges included nine counts of conflict of interest, 65 Pa.C.S. § 1103(a); nine counts of theft by unlawful taking or disposition, 18 Pa.”
Nutter v. Dougherty, 921 A.2d 44 (Pa. Commw. Ct. 2007).
· cites it 4× “Section 1103(b), 65 Pa.C.S. § 1103(b), provides: No person shall offer or give to a public official, public employee or nominee or *51 candidate for public office or a member of his immediate family or a business with which he is associated, anything of monetary value, including…”
Riverwalk Casino, L.P. v. Pennsylvania Gaming Control Bd., 926 A.2d 926 (Pa. 2007).
· cites it 2× “(3) Notwithstanding any other provision of this part or 65 Pa.C.S. § 1103(j) (relating to restricted activities), a member shall disclose the nature of his disqualifying interest, disqualify himself and abstain from voting in a proceeding under this part in which his…”
— 65 Pa. Cons. Stat. § 1103(A) — 1 case
— 65 Pa. Cons. Stat. § 1103(a) — 48 cases
Commonwealth v. Orie, 88 A.3d 983 (Pa. Super. Ct. 2014).
“CONFLICT OF INTEREST STATUTE In her final claim, Orie challenges the Pennsylvania conflict of interest statute, 65 Pa.C.S. § 1103. Orie claims the statute is unconstitutionally vague on its face as well as vague and overbroad because it violates her right of free speech and…”
Commonwealth v. Veon, 150 A.3d 435 (Pa. 2016).
“” 65 Pa.C.S. § 1103. The immediately preceding section defines conflict of interest as "[u]se bya public official .”
Rendell v. Pennsylvania State Ethics Comm'n, 983 A.2d 708 (Pa. 2009).
“See 65 Pa.C.S. § 1103(a). Such a conflict arises when a public official or public employee uses the authority of his or her office for the private pecuniary benefit of himself, a family member, or a "business with which he or a member of his immediate family is associated.”
Commonwealth v. Feese, 79 A.3d 1101 (Pa. Super. Ct. 2013).
“The charges included nine counts of conflict of interest, 65 Pa.C.S. § 1103(a); nine counts of theft by unlawful taking or disposition, 18 Pa.”
Brimmeier v. Pennsylvania Tpk. Comm'n, 147 A.3d 954 (Pa. Commw. Ct. 2016).
“In addition, the AG charged Brimmeier under Section 1103 of the Public Official and Employee Ethics Act (Ethics Act) as follows: Counts 6, 9—Section 1103(a), 65 Pa.C.S. § 1103(a) (conflict of interest) (F) Count 7—Section 1103(c), 65 Pa.”
— 65 Pa. Cons. Stat. § 1103(b) — 2 cases
Nutter v. Dougherty, 938 A.2d 401 (Pa. 2007).
“Appellees observe that the Ethics Act, too, contains a modest campaign contribution provision, see 65 Pa. C.S. § 1103, [16] and thus should be read in pari materia with the Election Code.”
Nutter v. Dougherty, 921 A.2d 44 (Pa. Commw. Ct. 2007).
“Section 1103(b), 65 Pa.C.S. § 1103(b), provides: No person shall offer or give to a public official, public employee or nominee or *51 candidate for public office or a member of his immediate family or a business with which he is associated, anything of monetary value, including…”
— 65 Pa. Cons. Stat. § 1103(c) — 3 cases
Brimmeier v. Pennsylvania Tpk. Comm'n, 147 A.3d 954 (Pa. Commw. Ct. 2016).
“In addition, the AG charged Brimmeier under Section 1103 of the Public Official and Employee Ethics Act (Ethics Act) as follows: Counts 6, 9—Section 1103(a), 65 Pa.C.S. § 1103(a) (conflict of interest) (F) Count 7—Section 1103(c), 65 Pa.”
— 65 Pa. Cons. Stat. § 1103(d) — 1 case
— 65 Pa. Cons. Stat. § 1103(f) — 8 cases
Kistler v. Commonwealth, State Ethics Comm'n, 22 A.3d 223 (Pa. 2011).
“Whether a public official may violate § 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), despite lacking the intent to use his office for private pecuniary gain.”
— 65 Pa. Cons. Stat. § 1103(g) — 6 cases
Shaulis v. Pennsylvania State Ethics Comm'n, 833 A.2d 123 (Pa. 2003).
“" 65 Pa.C.S. § 1103(g). However, the state legislature is not the body vested with the power to enact such a restriction; that authority lies with this Court through the promulgation of the Pennsylvania Rules of Professional Conduct.”
Yocum v. Commonwealth, Pennsylvania Gaming Control Bd., 161 A.3d 228 (Pa. 2017).
“” 65 Pa.C.S. §1103(g). After the State Ethics Commission confirmed Section 1103(g) applied to limit Shaulis’s ability to practice in the relevant tribunals, this Court determined she was aggrieved because “if she took the actions therein proscribed, she would expose herself to…”
Shaulis v. Pennsylvania State Ethics Comm'n, 739 A.2d 1091 (Pa. Commw. Ct. 1999).
“The subject matter of repealed Section 3(a) is found in Section 1103(a) of the Act, 65 Pa.C.S. § 1103(a), which provides: (a) Conflict of interest.”
— 65 Pa. Cons. Stat. § 1103(j) — 10 cases
Riverwalk Casino, L.P. v. Pennsylvania Gaming Control Bd., 926 A.2d 926 (Pa. 2007).
“(3) Notwithstanding any other provision of this part or 65 Pa.C.S. § 1103(j) (relating to restricted activities), a member shall disclose the nature of his disqualifying interest, disqualify himself and abstain from voting in a proceeding under this part in which his…”
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