Wayne D. Fontana: 2025 statement

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Pebevary 7, 2008
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Honoreble Sean Logen Honorable Wayne Pontans = =D =
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am
Mary Sports Contwo, & Exhibition Bxecutive Authority Duector of Pittsbusgh wn o= U0
aod Sulte Alfegheay 2750 County 2 2° ut 7
425 Sixth Avenue (wy)
Patsburgh, PA (5219
Re: Authority Solicitor’s Optnion/Pennsylvania
Public Lroployees and Official Ethics Act/
Attendance at Events Using Admission Tickets
Provided by the SRA
Dear Ms. Conture, Souator Logan and Senator Pontana.
This letter constitutes my formal written, non-confidential oplaion as Solicitor to the
Sports & ExNibldou Authority of Pittsburgh and Allegheny County (*Authorly®), pursuant to
Section 1109(g) of the Ponnsy!vanis Publlo Briployees and Offlolal Bthice Act (*Act‘). It le
provided to you in furtherance ofthe Act Please bo adviced that this opinion is son-privileged
and non-confidential, and abould be kept in the publicly-accessible files of the Authority. This
optnica is latended to be relled upon by you and the ofBolals and eroployces of the Authority and
is provided tn that contenct.
You have advised me thal members of tho Board of Directors of the Authority bave been
provided the opportualty, punruant to the Authority's cstablished ticket policy, to ettend events
held ~ PNC at the Park, thice Heinz venues Field owned and MeUon by the Authority Arene.’ You at which have requested sporting and my other opinion such as events to whether are held thet
" This opinion does act conemiptaim resale ef such Uckots for conskderstioa.
Now York > Ohis = P:

February 7, 2008 9202
Poge etteadance - 2 by Authority Board members, using admiszica tickets provided by the A BINWOD fA iivis UV
constitutes & teportabls “gift or “treasportation, lodglag or bospitality* chaz ls
ancual Ststement of Financial Interest for Public Officials end Baployces. Kis my
subject to the matters ect forth to this opizion letter, exendacce st such ovents
tickets transportation, provided lodging by the or Authorily hospitality ls proper, expenses. aad does not constitute reportable gifis or reportable
The Act, & Section 1103, defincs iheve (3) classes of “restricted activity." Pirst, 00
public ofcla) or public employes rasy eagage la conduct that constitutes conflict of Interest
under the Act. A coaflict of interest le defined as essentially including the use by such public
official or employee of the authority of thelr office or aay confidential information received
through thels bolding of pubilo office for thelr privete pecuniary beoefit or for such benefit of
lbelr icumediate family oc of a business with which the public official or a member of their
immediate family is assoctated. Sectloo 1103 Asther prohibits any person from offering or
providing to a public official enything of mocetery value locluding a gift, loan, contribution,
reward or promise of employment based on the offeror’s understanding that te vote, official
action or judgment of tho public official would be influenced thereby. Pinally, Seoticn 1103
probibits acy public official from soliciting os accepting anything of monetary value including «
gift, ow, cooleibutiog, reward or proraise of future employment based on any understanding tha!
the public official's vote, official action or judgment would be Influenced thereby.
The sonual repoiting of financlal interesis, as required by the Aot, provides for the
reporting of certain gifs and of the payment for or relnbursement of actual transporiation,
lodging or hospitality expeases received in conaectlon with public office where the schua}
exponses for such transportation, lodging or hospitality exceed @ statutory threahold. That
reporting proviston docs not epply to expeases reimbursed by « governmental body or expenses
relmbursed by an organization er association of pubile officlals for ot in which the public official
serves lp an official capacity. The Leglslature’s specific lactusion of such reporting obligatlons
demonetetes that the rsoclpt of gifs or hospitality ls not prebibited by the Act, but instead Is
governed by the specific provistous related to “restctcted activity."
Toe Authority is the owver and “tandlord” of each of the threo venues described ehove.
Those venues arc operated aad roaintalned by their principal tenants, the Pittsburgh Piretes, the
Pitisburgh Steelers and the Plitsburgh Penguins, respectively. Pursuant to the terms of the lease
agreements epplicable to cach of those venues, the A: fe provided tho use of a box and
Itahted Commonwealth number of of seating Pennsylvania, area aderdesion the City tlokets of Pittsburgh for and the by County the Authority, of Allegheny along for with the
furtherence of the Authority's statutory purposes.
The tickets ase provided to the Authority pursuant to the tertms of those leases, and col to
any lodividual Including members of the Authority Board. The Authority, both purmuant to the
leases and pursuant to Its statulosy obligations, te respoasible for the oversight and the capita!
repairs aad Improvemcats of cach of those venues. [ts oversight Includes conslderation of tbe

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ongoing public the County uses cars, and of operation Allegheny thels viability and and maintenance the as veaues Western producing of Peansylvania the facilities, an economic rogion. thelr continued benefit to quitability the City of oo a > ge 0 -
The Authority's governing body te ius Board of Directors. Consequently, tho ry
ultioately responsible for the discharge of those oversight obligadoos. The Authority as
adopted a policy whereby certain nomber of tickets to events in each of the above-referenced
reveaues aro mado available to various governmental officiels, Among those provided the
opportunity to use edmiscion tickels aro tho meanbers of the Authority's Board The Authority's
ticket policy provides for a relatively Ualted use of such admiszaion Uckets, which allows tho
Authority Board members to attend public events at the venues for whiob they oxorcise oversight
responsibilities, That attendance allows them (to eee each of those venues in actual use and
operation during events for which the venues hove been constructed
lis my opinion that in such circumstances, an Authority Board member ray atilize such
edraission tickets af those venues end In the circumstances act forth In this letter, end doing so
does not coastitute « cestricled activity of the terms of the Act. Purthez, It ts my opinion thet the
uso of such admission tickets does not constitute either a *gift" or *the payment of transpoctation,
lodging o7 hospitality expenses.” 1t must be remombered that the Hokets are provided to the
Authority end are the propecty of (he Authority, pursuant to a teese. It ls my opinion thet the usc
of such admission tickets, pursuant to the Authority's policies, constitutes an exercise by an
Authorlly Boerd member of thets oversight obligations and the reapoasibllities of their offico,
and therefore is vot « “glft* or “the payment or relmbuceement of transportation, lodging or
hospitality expenses.* In effect, using those tickets io those chrcumstances Is part and parcel of
their sole as a member of the Authority's Board.
It Is also my oplaion that the provisions of the Act do not contemplate in tbe tore "gifts"
or “payment,” tickets provided by the very governmental body on which the Authority Board
member serves. That conclusion is certainly consistent with the express provisioas of the statute
exoluding reimbursements by the governmental body of expenses. Further, it ls my opislon that
the Intent! of the Act ls to dleciose “gtfts® to a public official or employee which could affect the
discharge of theis official dutles. Those situations would occur whan “gifts® are received from
third patties, not from the very agency In which the officiel serves. Tho admission tlokets
involved are the property of the Authority for use by the Authority end therefore it is my opinion
that, in those circumstances, they do nol constitute a “gift" when utllized lo the clreumstaaces set
forth In thie letter by member of the Authority's Board.
This opinion is tondered based on the facts and understandings eet forth herein, and is
lotended to and may be relied upon by the Authority sod the members of the Authority Board os
an optalon rendered by me as Solicitor to the Authority pursuant to the provisions of Section
1109(g) of the Act.

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February 7, 2008
Poge -4-
As always, sbould you or any member of the Authority's Board heve any questions
cegarding this mottes, or need further laforroation, please do o01 healtate to contac! me directly.
tfully submitted,
Mark R. Homak, Sollaltor
Sports & Exhibition Authority of
Pittsburgh and Allegheoy County
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Senator Wayne D. Fontana
2025 Membership Information
Senate Standing Committees:
e Law & Justice (Minority Chair)
Community, Economic, & Recreational Development
e Finance
Urban Affairs & Housing
Senate Democratic Policy
Boards /Commission mmittees:
e PA Higher Education Assistance Agency PHEAA - Chair
e Pittsburgh & Allegheny County Sports & Exhibition Authority (SEA) - Chair
e Infrastructure Improvements and Projects Committee of America250PA Commission
e Legislative Data Processing Committee
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Senator Wayne D. Fontana
2025 Sources of Income
e Pennsylvania Senate
e = =Rental Propecues:
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)
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