Incorporating Ethics Commission

The Public Integrity Commission would:

·        uncover and investigate public corruption at all levels[1] and in all branches[2] of government within the Commonwealth. 

·        serve both a law enforcement role (as a criminal justice agency) and an educational role with respect to corruption in Pennsylvania.

·        work cooperatively with other law enforcement entities.

·        take over the current duties of the Ethics Commission regarding financial interest statements and conflicts of interest. 

Nominating Committee  - Purpose is to provide names of potential commission members to the Governor.

·        Each time there is a vacancy (or vacancies) on the commission, a nominating committee would be created. 

·        The nominating committee would include a district attorney and two law school deans selected by the Speaker of the House as well as one law school dean and one reform advocate (Common Cause, etc.) selected by the Minority Leader of the House. 

·        This committee would create a list of 15 nominees.

Appointment to Commission

·        At the outset, the Governor would appoint 7 commissioners from the list, subject to Senate confirmation. 

·        The Governor, with 2/3 confirmation by the Senate, would fill all vacancies from a list of 15 nominees, provided by the nominating committee. 

·        No more than 3 of the 7 commissioners could be of the same political party. 

Commission Operation and Authority

·        Commissioners would serve 3 year terms (staggered).

·        The Chair would be elected by the commissioners on an annual basis.

·        Commissioners would receive only a base stipend ($100 per day for attending a meeting in person) and reasonable expenses (not to exceed the U.S. General Services Administration per diem limit) for personally attending a meeting of the Public Integrity Commission.

·        Commissioners could only be removed by the Governor for misconduct (misfeasance and malfeasance, neglect of duty) and could challenge any removal order in court.

·        The Governor would have to provide a written statement of reasons for removal.

Commission Powers and Duties

·        To inquire, as a criminal justice agency, into public corruption and the activities of persons engaged in and associated with public corruption.

·        To make a written report of every completed investigation, and annual reports to the General Assembly, including recommendations for legislative or administrative action.  Unindicted individuals named in reports would have an opportunity to respond, with response being made part of the report, similar to the language of the current Investigating Grand Jury Act.

·        To refer criminal violations for prosecution.

·        To subpoena witnesses and documents.

·        To seek immunity orders from the Commonwealth Court to obtain testimony from individuals who invoke their right against self-incrimination (see below).

·        To continue the duties of the Pennsylvania State Ethics Commission regarding Statements of Financial Interests, Conflicts of Interest and related concerns.

Immunity Orders

·        Prior to requesting an immunity order, the Chief Counsel of the Commission would seek input from relevant prosecuting agencies[3] so as not to interfere with ongoing investigations/prosecutions.

·        Those same agencies would be authorized to appear as a party in any immunity proceeding to request a delay or denial of a grant of immunity to prevent interference.

·        Individuals who failed to testify pursuant to an order of immunity would be subject to both criminal and civil sanctions.

Commission Law Enforcement Authority (Criminal Justice Agency)

Designated investigative employees would be trained law enforcement officers and  would have law enforcement authority to enforce crimes related to public office and employment.

Additional

·        Commissioners and employees would be subject to limitations on political activity.

·        Commissioners would be required to disclose various personal economic interests.

·        The Commission would be entitled to an equitable share, as determined by the court, of any assets seized/forfeited, costs of prosecution or other fees/costs awarded as a result of Commission investigations.  

How is this different from the current Pennsylvania State Ethics Commission?

·        The Public Integrity Commission would have trained, certified law enforcement personnel with the authority to enforce laws related to public corruption.  This law enforcement authority would provide access to law enforcement records and investigative information.  Currently, the Pennsylvania State Ethics Commission investigators are not able to access criminal history and other relevant information on the Commonwealth Law Enforcement Assistance Network (CLEAN).

·        The new appointment process, utilizing a nominating commission to select a list of potential nominees, would provide even greater insulation from the political process.

·        The Public Integrity Commission would have additional authority to enforce laws related to public corruption and would not be limited to conflicts of interest, honoraria and other specific items found in the Pennsylvania State Ethics Act.

·        The Public Integrity Commission would have the authority to seek immunity orders to obtain testimony necessary to public corruption investigations.

What would happen to the Pennsylvania State Ethics Commission and its Employees, etc?

All of the existing functions and duties of the Ethics Commission would be transferred to the new Pennsylvania Public Integrity Commission.  This would include personnel, appropriations, equipment, files, records, contracts, etc.  This is not dissimilar from transfers of authority and personnel in the past, for example, the transfer of certain authority from the Department of Environmental Resources to the Department of Conservation and Natural Resources in the Conservation and Natural Resources Act (Act 18 of 1995).

Relevant Excerpts from the Legislation

The Legislature also declares that the public would be best served by a statewide law enforcement entity which focuses on investigating criminal incidents of public corruption. 

"Public corruption."  The unlawful activity, under color of or in connection with any public office or employment, of any individual:

(1)                 employed by an agency as defined in the Act of February 14, 2008 (P.L. 6, No. 3), known as the “Right-to-Know Law”, or

(2)                 elected by the public, appointed by a governmental body or  an appointed official in an agency as defined in the Act of February 14, 2008 (P.L. 6, No. 3), known as the “Right-to-Know Law.”