Wayne D. Fontana: 2024 statement

CQ -SN4
Senator Wayne D. Fontana
2024 Membership Information
Senate Standing Committees:
e Finance
e Local Government
e Community, Economic, & Recreational Development
Rules & Executive Nominations
® Urban Affairs & Housing
Boards:
e PA Higher Education Assistance Agency PHEAA -~ Chair
e Pittsburgh & Allegheny County Sports & Exhibition Authority (GEA) — Chair
e Habitat for Humanity of Greater Pittsburgh
ae :
a” 6202
ay dal
At
An ee =O 5 Vo il
Qh

Senator Wayne D. Fontana
2024 Sources of Income
© Pennsylvania Senate
Rental Properties:
1. 1660 Broadway Avenue, Pittsburgh, PA 15216
2. Cochran Hall, 1500 Cochran Road, Pittsburgh, PA 15243
@ 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)
o% =
Oo; Ss
Eee Be)
rl ~_
=m
—
Or >
O59
=n a
oo

Od-SN1
Buchanan Ingersoll Atom & Goce & Rooney Pobotioas Profreaasts rc
Cre Oates Couto
3H Graal Querd, L0un Fis:
Boban, PA 16219-4410
Mark a. wine F412 F 412 G42 02 fE0H 1049
mesh hamahGjdips oun cite Buthonentgaedd, com
February 7, 2008
.
At
Qe
Honorable Sean Logan Honorable Wayne Pontans O ee 23
27 3
Mary Contwo, Execulive Dureclor wn = >
Sports & Exhibition Authoeity of Pittsburgh oz
oad Sulte Atlegheay 2750 County = Fs = =
425 Sixth Avenue oe
Pittsburgh, PA 15219
Re: Authority Sollettor’s Opinion/Pennsyivanta
Pubile Teoployess and Oificlal Ediles Act/
Attendanco st Event Using Aduilesion Tickets
Provided by tho SRA
Deur Ms. Conture, Senator Logan and Sanetor Fontana:
Thts letter constitutes my formal writisn, noa-confideatal oplalon us Solicitor to the
Spocts & Exnlbltou Aulbority of Pittsburgh and Alcahany County (’Awhouity®), puisusat to
Section 1)09(g) af the Ponnsylvania Public Bmplayees and Offialnl Baie Aci (’Act®). lila
provided to you in furtherance ofthe Act Please ba advised that this opinion Is aon-privileged
and non-confidential, and should be kepl In the publicly-accenslble files of the Authority. This
opinion ts intended lo be relled upon by you and the offolals and employees of the Authority and
is provided in that conteact.
You have advised mo thal members of tho Board of Direotora of the Autharity have been
provided beld ~ PNC at the Park, the three opportualty, Heinz venues Picld Owned pummant end Mellon dy the to the Avthodty Arens.’ Authority’a You of whicts have established requested eporting Ucket and my polley, other opbaton such to as attend eveata to whether events cre held thet
ed
* Thlz opininn does nel comecuplam cesato ef euch Uckets for conskdernttoa.
Califurnia = Delaware + Korida 1: New Jerse Now York o9 Ohis P yanla & Vic aia = Weablagtos, OC

OF SNA
of ‘ee
Poge - 2 - S02
attendance by Authority Board mesabars, using edmisnion Goblets provided by the Authorite= WOO qivis Bd¥
constitutes a teportable “gift or “transportation, iodging or hospitality” that ls reporteble off A
annus) Statement of Financial bnterest for Public Officials end Binployees. Kt ls my solal
subject tickets transportation, provided to The the Act, matiers lodging by af the Seotion eel or Authority forth hoepitality 1103, to thin ls defines preper, expences. opinion three and Icvter, (3) does cleseua attendance not constitute of “restzicted at cuch reportable oveots activity.” ulllizing glfis Pirut, or rsp: no ssid Ghill'v
public officie) or publio omploycs moy cagnge le conduct that consiitutes a conflict of interest
under the Act. A conflict of intesest Is dofined as coscatlally including the uo by such public
offictal or employes of the anthovity of thalr afdes or any condidential informatlon raselwed
through thelr balding of public office fur thels private peounlary beaeAt or for such benefit of
Ybelr immediate family or of bualness with which the public official or a member of thelr
immediate funily is associated, Sectlon 1103 furthe problblis any person from offering
providing to a public official enythlag of moactary value locluding a gift, loon, contribution,
reward or promise of employment based on the offerer’s undomlanding that the vote, official
action or judgment of the public oficlst would be lefluenced theraby. Plaally, Section 1103
prohibits aay public official from soliciting ot accepting anything of monctary valua Including a
gift, loon, conlribution, cewerd of proraise of future employment based on any understanding thai
the public official's vote, officlal action er judgmont would $s Influanoed thereby.
The sonual roposting of financlal Interests, es required by the Aol, provides for the
reporting of certain gifs and of the payment for or rolmbursement of actual trangporiation,
lodging or hospitality expeases recelved in connection with public office where the actual
oxpenses for such transportation, lodglag or hospitality oxeoad a atatutory tareahold. That
reporting provialon doea nol apply to expenses reimburred by a govermmental body or expenses
relmburaed by an organization or association of public officlals for or in which the public officts!
servea to an official capacity. The Leglelature's specific Inclusion of such reporiing obligations
demonetrates that Uvo reoelpt of elfis or hospitality ls not problbited by the Act, Dut instead Is
governed by the specific provistons rolsted to “reatricted activity.”
The Authority is the ovmer aod “landlord” of cach of the thivo venues described above.
Those venues are opersiod and salntalned by their prlacipal tenant, the Pittsburgh Plretes, the
Pittsburgh Steelers and the Plicourgh Pengulas, respectively. Purmuant to tho terms of the lease
agreements applicable to cach of those veauea, the Authority ls provided the use of a box and 5
limlted number of scating aren sdenivsion thokots for wilkestlon by the Authority, along with the
Commonwealth of Pennsylvants, the City of Plilsburgs and the County of Allegheny for
furtherance of the Authority's statulocy purposes.
The tickets sre provided to the Autborlty pussuant to the terms of those Jeases, and nol to
any lodividual including members of tho Authority Boerd, Tha Authorlty, both pursuant to the
leases and pursuant to Its statulary obligations, is responnitte foc the oversight and tha capital
repair aod Improvements of cach of those venues. {lo oversight Includes copelderation of the

09 SNL
February Page ongoing public the County -3 uves - cars, 7, 2008 of and operation Allegheny thelr viabilley aad and melntenance the a9 veaues Western produchag of Peansylvania the feallitics, ou escaomic region. thels continued benefit to cultabillty the City of for Pie age 2S SIAINOD 434 aa VIS 1 udy Gi
ullimataly Tho responsible Authority's for governing the discharge body ic af its thoae Board oversight of Direstesy. oblientoas, Consequanily, The Authority the Board has =H ts VV -
adopted a polley whereby 4 certain nomber of Uckets to events in aach of the above-referenced
reveaucs aro cada available to varlous goverumental aficlels. Among thus orovided the
opportunity to use admission tickets arm the members af the Autherity’s Raord. Tho Authority's
ticket pollcy provides fox a relatively Umlted use of such admission toleta, watch allows the
Authority Board members to attend public eveats at the veaues for whlob they exercise oversight
reaponslbiitios. Thet edicadance allows them te cze aoch of thess venues in cctual use and
operation during events for which ths venues have beca constructed.
tis my opinion that lo such eircumsinoces, an Authorty Bosnd member may sdllize such
adyniavion tickets at those venues sad In the circurmetancea cet forth In this letter, and doing so
does nol constitute a restricted activity of the terran of the Act Purther, it fs avy oplaion that the
uso of auch admission tickets ducs nol copalitute cither a °gift® or “the payment of wanzporiation,
lodging o7 hospitality expanses.” must be resnembered that tho dokets exe provided to the
Authority end are the property of the Authority, pursuant to alease. it ia my opinion thal the use
of such admisaion tickets, pursuant to the Authority's policies, conatitutes an exercise by an
Authosily Board member of their oversight obligatlons and the reseansiblilties of thelr offico,
and hospitality therefore expenses." is aot a “gl in effect, or “the using payment thase oz tickets relmburzoment in those chroumatances of transportndon, Is part lodglng and parcel or of
their role as a member of the Authority's Board.
It also may optnion that the proviolons of tie Act do not conteanplate in the tonma "gifts"
or “payinent,* tkcketo provided by the very govermmeatal body on which the Authority Bosrd
member serves. That conclusion is certainly consistent with he expreas provisions of the atatute
excluding reimbursements by the goveramental body af expeasca, Further, ft ls my opinton that
the intent of the Act Is to diseloze "gifla® to a pubile ofécial or craployes widch could affect the
discharge of theis official duties. Those situatlona would occur whon “glfta’ aro recelved from
third parties, not from the yery ageacy in wole’ the official servea. The emission dakets
involved aro tha property af the Authority for vac by the Authority end tharofore it is my opinion
thst, in these circumstances, they do not cangittate a “gift? whon utllized In the clreumstances sot
forth in this letter by a racanber of the Authority's Bored,
This aptnion is rondered based on the fects and understandings oat forth bereln, and fs
intended to and may be relied upon by the Authority aod the members of the Authority Board as
an Opision rendared by me os Solicitor to the Authority pursuant to the provisions of Section
1109(g) of the Act.

00- SN
February 7, 2008
Poge-4-
As always, abould you or coy member of the Authorlty's Boesd bave any questions
cegerding this matter, or need further Informaticn, please do oot healtate to contest me directly.
cpeathily subraltied,
ILIA wy AAAS en
Mark R. Homalk, Solloker
Sposta & Bxboidon Authority of
Pittsburgh and Alleghcay County
Age ey -
e Hl *, A tS ugy S202
NOISSINWOO SOIHE 331 UL
AAG oo
$4995 vA