To find out if your position is legally defined as a “public official,” please request ethics advice.)
Summary coming soon – for now, here is the legal definition from Title 51, Part 1 of the Pennsylvania Code (51 Pa. Code § 11.1, et seq.):
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:
(A) The body will be deemed to have the power to expend public funds if the body may commit funds or may otherwise make payment of monies, enter int o contracts, invest funds held in reserves, make loans or grants, borrow money, issue bonds, employ staff, purchase, lease, acquire or sell real or personal property without the consent or approval of the governing body and the effect of the power to expend public funds has a greater than de minimis economic impact on the interest of a person.
(B) The body will be deemed to have the authority to otherwise exercise the power of the Commonwealth or a political subdivision if one of the following exists:
(I) The body makes binding decisions or orders adjudicating substantive issues which are appealable to a body or person other than the governing authority.
(II)The body exercises a basic power of government and performs essential governmental functions.
(III) The governing authority is bound by statute or ordinance to accept and enforce the rulings of the body.
(IV) The body may compel the governing authority to act in accordance with the body's decisions or restrain the governing authority from acting contrary to the body's decisions.
(V) The body makes independent decisions which are effective without approval of the governing authority.
(VI) The body may adopt, amend and repeal resolutions, rules, regulations or ordinances.
(VII) The body has the power of eminent domain or condemnation.
(VIII) The enabling legislation of the body indicates that the body is established for exercising public powers of the Commonwealth or a political subdivision.