Wayne D. Fontana: 2023 statement

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Senator Wayne D. Fontana
2023 Sources of Income
Pennsylvania Senate
e Rental Properties:
1. 1660 Broadway Avenue, Pittsburgh, PA 15216
@ Other:
1. IRA, Roth IRA —PNC Financial, Pittsburgh, PA
2. Alphabet City Realty Group, LLC (Broker of Records, 211 N Whitfield St #800,
Pittsburgh, PA 15206)
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Senator Wayne D. Fontana
2023 Membership Information
Senate Standing Committees:
Finance
Local Government
Community, Economic, & Recreational Development
Rules & Executive Nominations
Urban Affairs & Housing
Policy
Boards:
PA Higher Education Assistance Agency PHEAA — Chair
° Pittsburgh & Allegheny County Sports & Exhibition Authority (GEA) — Chair
e Habitat for Humanity of Greater Pittsburgh Qe” ie
© Redevelopment Authority of Allegheny County (RAAC) oe Shs =~
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Buchanan Ingersoll Ailpmey & Gocerenent & Rulelons Rooney Profetoasts PC
One Oxford Centre
301 PUsburgh, Geant Street, PA (6219-1410 20th Floo!
aise mack. homak@bdips oan ‘werw rue buchanan ingerscl. com
February 7, 2008
Honorable Sean Logan Honorable Wayne Fontana
Mary Coaturo, Executive Director
Spons ood Allegheny & Pxhibiton County Authority of Pittsburgh QO”? 33 B
Sulte 2750 Os; =
425 Sixth Avenue Ss 3B
Pittsburgh, PA 15219 ZM™M nw
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Re: Authority Public Eroployees Softcitor's and Opinion/Pennsylvania Official Ethics Act/ O= = U0
Attendance Provided by at the Events SRA Using Admission Tickets z iF 4 WwW ‘
Dear Ms. Conturo, Souator Logan and Senator Fontana:
This letter constitutes my formal written, non-confidential oplaion as Solicitor to the
Spocta & Exhibition Autbority of Pittsburgh and Alleghany County ("Authority"), pursuant to
Section 109(g) of the Pennsylvania Public Employees and Offioinl Bthics Act (‘Act’). It la
provided to you in furtherance of the Act. Please be advised that this opinion ls non-privileged
and non-confidential, and abould be kept in the publicly-accessible files of the Authority. This
opinioa Is intended to be relied upon by you and the offiolals and eraployees of the Authority and
is provided In thal conteact.
You have advised me that members of the Board of Direotors of the Authority bave been
provided the opportualty, pursuant to the Authority's established ticket policy, to attend events
beld - PNC at the Park, thice Heinz venues Field owned and Mellon by the Arena.’ Authodity You et which have requested sporting and my other cpinion such as events to whether are held that
' This opinion does not comemiplato resale of such Uckete for consideration.
Callfarnia :: Delaware = Florida ui New Jorsoy

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February 7, 2008
Poge - 2 -
attendance by Authority Board members, using admission tickets provided by the Authority,
constitutes a reportable “gift” or “transportation, lodging or bospitality” that is reportable on the
annua) Ststement of Financial Interest for Public Officlals and Bmplayces. I¢is my opinion that,
subject to the matters ect forth in this opinion letter, ettendance at such ovents utilizing admission
tickets provided by the Authority Ls proper, and does not constitute reportable gifis or reportable
transportation, lodging or bospitality expenses.
The Act, at Seotion 1103, defincs three (3) classes of "restricted activity." First, no
public official or publio employes may engnge In conduct that constitutes a conflict of interest
under the Act. A conflict of interest is defined as essentlally including the use by such public
officlal or employee of the authority of thelr office or any confidential informatlon received
through thelr balding of publio office for thelr private pecuniary benefit or for such benefit of
thelr immediate family or of a business with which the public official or a member of their
unmediate fernily is assoclated. Section 1103 further prohibits any person from offering or
providing to a publio official anything of monetary value Including a gift, loan, contribution, 8
reward action or or judgment promise of of employment the public official based would on the be offeror's Influenced understanding thereby. Finally, that the Seoti vote, Fs 3 = 3S
probibils aay public official from soliciting or accepting anything of monctary value Relying go
ing
gift, loan, contribution, ceward or proruise of future employment based on any unde theP
the public official's vote, official action or judgmont would be Influenced thereby. = 0
The annual reporting of financlal interests, as required by tho Aot, provides fofhar WwW
reporting of certain gifts and of the payment for or reimbursement of actual trensportatforty?
lodging or hospitality expenses received in connection with public office where the actual
expenses for such transportation, lodging or hospitality exceed a statutory threahold. That
reporting provision docs nol apply to expenses reimbursed by a governmental body or expenses
relrbursed by an organization or association of public officials for or in which the public official
serves in an official capacity. The Legislature's specific Inclusion of such reporiing obligations
demonetrates that tho recelpt of gifts or hospitality is not prohibited by the Act, but instead is
governed by the specific provislons related to "restricted activity."
The Authority is the owner aod “landlord” of each of the threo venues described shove.
Those venues arc operated and raalotalned by their principal tenants, the Pittsburgh Pirates, the
Pittsburgh Steelers and the Pittsburgh Penguins, respectively. Pursuant to the terms of the loase
agreements applicable to cach of those veoues, the Authority is provided tho use ofa box anda
iimited number of seating area admission tiokets for utilization by the Authority, along with the
Commonwealth of Pennsylvania, the Clty of Pittsburgh and the County of Allegheny for
furthcrance of the Authority's statutory purposes.
The tickets are provided to the Authority pursuant to the terms of those leases, and not to
any lodividual including members of the Authority Board, The Authority, both pursuant to the
leases and pursuant to its statutory obligations, is responsible for the oversight and the capital
repair end Improvements of cach of those venues. [ls oversight Includes consideration of the

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February 7, 2008
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ongoing care, operation and maintenance of the feollities, thelr continued sultebility for their
public uses and thelr viability as venues producing an economic benefit to the City of Pittsburgh,
the County of Allegheny and the Wostero Pennsylvania region.
The Authority's governing body is its Board of Directors. Consequently, tho Board Is
ultimately responsiblo for the discharge of those oversight obligadons. The Authority has
adopted 8 policy whereby a certain number of tickets to events in each of the above-reforonced
reveaueg aro made available to various governmental officials, Among thoee provided the
opportunity to uso admission tickets are the members of the Authority's Board. The Authority's
ticket policy provides for a relatively Umited use of such admission tickets, which allows the
Authority Board members to attend public events at the venues for which they exercise oversight
responsibilities. That attendance allows them to see each of those veoues in actual use and
operation during events for which the venues have been constructed.
[1 is my opinion that io such circumstances, an Authority Board member roay atilize such
adraission tickets at those venues and in the circumstances sct forth Ln this letter, and-doing so
does not constitute a restricted activity of the terms of the Act. Further, it is my opinio
uso of such admission tickets does not constitute either a "gift" or “the payment of
lodging or hospitality expenses.” It must be remombered that the tickets are provided
Authority and are the propecty of tbe Authority, pursuant to a lease. It is my opinion (iQ) phe
of such admission tickets, pursuant to the Authority's polices, constitutes an execcise ry o
Authority Board member of their oversight obligations and the respoasibilities of thei
and therefore is not a "gift" or “the payment or relmbursement of transportation, lodglag od. Uv
hospitality expenses." In effect, using those tickets in those clrcumstances js part and ofw
their role as a member of the Authority's Board. of)
It Is also roy opinion that the provisions of the Act do not contemplate in tbe terms "gifts
or "payment," Uckeis provided by the very governmental body on which the Authority Board
member serves. That conclusion is certainly conalstent with the express provisions of the statute
excluding reimbursements by the governmental body of expeasea. Further, it my opinlon that
the intent of the Act ls to disclose “gifts” to a pubilo official or employee which could affect the
discharge of theiz official dutles. Those situations would occur when “gifts" are received from
third parties, not from the very agency in which the official serves. Tho admission tickets
involved are the property of the Authority and therefore It is my opinion
that, ln these circumstances, they do not constitute a “gift" when utilized in the clroumstances set
forth In this letter by a member of the Authority's Board.
This opinion is rendered based on the facts and understandings sot forth herein, and js
intended to and may be relied upon by the Autbority and the members of the Authority Board as
en Opinion rendored by me aa Solicitor to the Authority pursuant to the provisions of Section
$109(g) of the Act.

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February 7, 2008
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As always, should you or any member of the Authority's Board have any questions
regarding this matter, or need further information, please do oot hesitate to contact me directly
tfully submitted,
Mark R. Homak, Solloitor
Sports & Exhibition Authority of
Pittsburgh and Allegheny County
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