1. (a) A Commissioner is required to recuse himself from a matter which involves persons with whom the Commissioner has a direct involvement, personally or financially.

   1. (1) A Commissioner is deemed to have a direct personal involvement with members of his immediate family as defined in the act, in-laws and close friends.
   2. (2) A Commissioner has a direct financial involvement with an individual who owns a part of or is employed by a business with which the Commissioner is associated within the 2 years prior to the Commission’s review of a matter in question if the financial involvement was of more than a de minimis nature.

   3. (3) If a Commissioner recuses himself from a matter he will:

      1. (i) Remove himself from that segment of the Commission meeting wherein the matter is to be discussed and avoid casual discussion of the matter with other Commissioners.
      2. (ii) Receive no further information from the Commission or the Commission staff regarding the matter.
      3. (iii) Receive copies of minutes of the meeting containing deletions so as to not disclose the matter to the Commissioner.

2. (b) A Commissioner who has a potential conflict not addressed in subsection (a) will take one of the following courses of action:

   1. (1) Disclose the matter to the Commission and seek its guidance as to whether it would be proper to participate and vote in a matter before the Commission.
   2. (2) Disclose to the parties his potential conflict and solicit their express agreement that he may continue in his official capacity, subject to the approval of the Commission.
   3. (3) Recuse himself.
3. (c) A Commissioner who recuses himself or is recused by the Commission or at the suggestion of one of the parties is subject to subsection (a)(3).

4. (d) A Commissioner’s participation involving parties with whom the Commissioner has had substantial prior contact may present a conflict under subsection (b) depending on the totality of the circumstances. Circumstances to be considered include whether the matter involves one or more of the following:

   1. (1) A relative of the Commissioner.
   2. (2) A former employer or employee.
   3. (3) A person or business with which a Commissioner has or had financial dealings of more than a de minimis nature within the 2 years prior to the Commissioner’s review of the matter in question.
   4. (4) A source of income reportable on the Statement of Financial Interests.
   5. (5) The individual appointing authority of the Commissioner is a respondent.
   6. (6) A person providing the Commissioner with funds, goods or services without compensation.
   7. (7) A person with whom the Commissioner has a fiduciary relationship.
   8. (8) A debtor or creditor of the Commissioner.
5. (e) A Commissioner recused from a matter shall direct that the individual recording the minutes at the meeting enter into the minutes the recusal and the reasons therefor.
6. (f) If the Commission cannot achieve a quorum because recusals reduce the number of Commissioners available to vote, the matter in question will be deferred until a meeting at which a quorum may be achieved.

Authority

The provisions of this § 23.23 amended under 65 Pa.C.S. § 1107(1); and section 204(3) of the Commonwealth Documents Law (45 P.S. § 1204(3)).

Source

The provisions of this § 23.23 amended April 19, 2024, effective April 20, 2024, 54 Pa.B. 2077. Immediately preceding text appears at serial pages (276001) to (276002).

Cross References

This section cited in 51 Pa. Code § 23.21 (relating to code of conduct).