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On September 18,amendments to the Pennsylvania Municipal Pension Plan Funding Standard and Recovery Act were adopted to improve the financial stability of municipal pension funds. While the primary goal of the legislation is to provide new sources of funds for distressed municipal pension funds, and to ensure the efficient use of the new funding, the Code of Conduct will have a significant impact upon all persons providing professional services to municipal pension funds. Where contracts are not awarded to the lowest bidder, the Code of Conduct Live Casino Arundel T William Mills Agency the use of public and competitive procurement procedures for all new professional services contracts; requires the disclosure of any use of agents and lobbyists by vendors; limits communications between agents and lobbyists with municipal officials; disqualifies persons making political contributions and gifts to municipal officials and employees from being awarded contracts; and imposes sanctions for violations of these requirements.
Implementation of the Code of Conduct, which is required by December 17,will be challenging for both pension fund managers and professional services contractors, both because of the extensive new procurement requirements established, but also because the legislation contains a variety of difficult to reconcile internal inconsistencies and fails to address a number of critical Casino Political Action Committee Contributions Deductible Mortgage details. As of Decemberlocal governments in Pennsylvania operated 1, separate pension funds for police and fire-fighting employees and 2, separate pension funds for non-uniformed employees.
Requirements for the Competitive Procurement of Professional Services. Professional Services Subject to Competitive Procurement Requirements The Code of Conduct applies to all types of "professional services," including "investment services, legal services, real estate services and other consulting services. Statutory construction principles, however, suggest that the general term "professional services" should be construed to apply only to items with similar characteristics as those specifically enumerated in the law, i.
Because these exceptions from competitive procurement may create unreasonable preferences for incumbent vendors, stricter requirements for contract amendments may be imposed by individual pension systems. In addition, municipal solicitors may construe the Code of Conduct in pari materia with other procurement laws so as to provide for de minimis exceptions. Advertising The Code of Conduct requires advertising regarding the availability of professional services contracting opportunities to be disseminated "in a timely and efficient manner.
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Unfortunately, the Code of Conduct fails to specify how contracting opportunities must be advertised and when advertising must be disseminated. Requirements contained in the Pennsylvania Newspaper Publishing Act designating the publications in which "legal advertising shall be published" may fill some of these gaps, but issues regarding the timing and frequency of advertising are apparently left to Capping Casino Joe Pesci Desert discretion.
Disclosures and Conflicts of Interest Prior to entering into professional services contracts, the Code of Conduct requires contractors to identify each individual, advisor or subcontractor that will be providing services to a municipal pension fund; describe the services each individual will provide; and disclose whether any of these individuals are current or former officials or employees of the municipality Casino Political Action Committee Contributions Deductible Mortgage services or are registered federal or state lobbyists.
The legislation fails to clarify, however, whether these disclosures are required of all persons submitting proposals to provide professional services, or only to the offerors determined to be most qualified. To determine how to utilize the information provided in disclosure forms, the Code of Conduct requires municipal pension systems to adopt policies regarding conflicts of interest that at a minimum impose a one-year restriction upon the participation of former officials or employees of the pension system in the submission of applications to provide professional services and upon the participation of former employees of a contractor in the review of proposals and the negotiation of the terms of services contracts.
In addition, a professional services contractor may not have "a direct financial, commercial or business relationship with any official of the municipal pension system or the municipality which controls the municipal pension system," unless the pension system consents in writing to the relationship following full disclosure.
Unfortunately, the Code of Conduct provides no guidance regarding what constitutes direct financial, commercial or business relationships. The Code of Conduct also applies the restrictions upon direct financial, commercial or business relationships only to relationships with municipal officials rather than municipal employees, and fails to clarify whether these restrictions also apply to officers, directors, employees No Deposit Casino Bonus For Existing Players owners of entities entering into professional services contracts.
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As a result, this is a further area in which individual pension systems may adopt supplemental requirements to remedy inconsistencies and omissions in the state legislation. Awards Upon the award of any professional services contract by a municipal pension system, the "relevant factors that resulted in the award" must be summarized in a written statement provided within ten days to any unsuccessful applicants and posted on the municipal webpage at least seven days prior to the execution of a contract.
Following the award of contracts, the Code of Conduct also requires all applications and disclosure forms submitted to pension plans, except for "proprietary information or other information protected by law," to be treated as public records subject to disclosure.
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While the Code of Conduct fails to clarify what constitutes proprietary information, the Pennsylvania Right to Know Law defines confidential proprietary information as confidential or privileged information the disclosure of which will cause "substantial harm" to the "competitive position" of a person. The Right to Know Law also prohibits the disclosure of "internal, pre-decisional deliberations of agencies" and "financial information" of persons responding to requests for proposals used to demonstrate a person's "economic capability.
The Code of Conduct Casino Political Action Committee Defined Pension Calculator any person that enters into a professional services contract or intends to enter into a contract to disclose "the employment or compensation of Emerald Casino Tacoma third party intermediary, agent or lobbyist" used to "directly or indirectly communicate" with a municipal pension system or municipal official or employee "in connection with any transaction or investment involving the contractor.
The Code of Conduct, however, provides a narrow definition of the term "affiliated entity" that is limited to a subsidiary or holding company of a lobbying firm; a business owned in whole or in part by a lobbying firm; or a nonprofit organization established by a lobbying firm, lobbyist or another affiliated entity.
In what constitutes a significant inconsistency in the Code of Conduct, officials and employees of investment firms need not disclose their role in communicating with pension systems and municipalities, but no such exemption is provided to employees engaged in providing legal, real estate, consulting or other types of professional services.
Following the advertisement of solicitations for a professional services contract, the Code of Conduct provides that a prospective contractor "may not cause or allow a third party to communicate with officials or employees of [a] municipal pension system except for requests Casino Political Action Committee Contributions Deductible Mortgage technical clarification.
Prospective contractors may, however, respond to requests for clarification or additional information from a municipal pension system. The Code of Conduct prohibits a person who "within the past two years" has made a campaign contribution to "a municipal official or candidate for municipal office in the municipality which controls the municipal pension system" from entering into a professional services contract with the pension system.
Similarly, the Code of Conduct prohibits professional services contractors from offering or making any "gift having more than a nominal value" to "any official, employee or fiduciary of a municipal pension system.
Persons holding professional services contracts with municipal pension funds are also required to update their required disclosures annually, and to report gifts to officers or employees of pension funds and municipalities controlling pension funds. These restrictions also apply to any agent, officer, director or employee of a contractor or prospective contractor.
The restrictions on political contributions and gifts established by the Code of Conduct contain a number of inconsistencies and omissions that seem likely to generate substantial confusion that may need to be addressed through the adoption of supplemental requirements by municipal pension systems.
In addition to Casino 2018 Xc60 Dimensions Cross-stitch inconsistencies and omissions in the legislation, significant constitutional questions exist regarding the validity of an outright ban on contributions for pension system contractors.
The reporting requirements apply to contractors; their officers, directors, executive level employees, and affiliated entities; and to any persons with a five percent or greater ownership interest in a contractor or prospective contractor. The reporting requirements of the Code of Conduct supplement, but do not replace, similar less extensive reporting requirements imposed upon all "business entities" awarded non-bid contracts by state and local agencies by the Pennsylvania Election Code.
The term Casino Political Action Committee Defined Pension Calculator level employee" as used in the reporting requirements for political contributions means an individual who can "affect or influence the outcome of [a contracto's, prospective contractor's, or an affiliated entity's] actions, policies or decisions" relating to business with a municipality or municipal pension system, or an individual "directly involved in the implementation or development of policies" relating to the conduct of business with a municipality or municipal pension system.
Contractors are also required to report gifts to officials and employees of municipalities and pension systems and all direct financial, commercial or business relationships with officials and employees of municipalities and their pension systems.
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In the event of any violations of these reporting requirements, or the disclosure requirements associated with the submission of applications to enter into professional services contracts, municipal pension systems are required to void professional services Casino Political Action Committee Defined Pension Calculator with any person that "knowingly makes a material misstatement or omission in a disclosure form" and must prohibit the person from entering into a contract for a period of up to three years.
As is the case with the restrictions on contributions and gifts included in the Code of Conduct, these reporting requirements also contain a number of inconsistencies and omissions that raise numerous questions that may need to be addressed through the adoption of supplemental requirements by municipal pension systems. Recognizing that the City of Philadelphia previously imposed similar and in many cases stricter requirements, the Code of Conduct expressly provides that it does not preempt codes of ethics adopted by municipalities stricter than those imposed by state law.
Whether the Code of Conduct will be extended to apply to the state retirement funds, however, is uncertain. Health Maintenance Organization of PennsylvaniaPa. The Newspaper Publishing Act requires all "legal advertising," i. Advertising is not required in legal journals for "bids for contracts for public work, materials or supplies, or lists of delinquent taxpayers," but Payout Casino Zollverein Quizlet Live comparable exemption exists for advertising regarding the procurement of services.
The Commission has no plans, however, to develop rules, policies or procedures relating to implementation of the Code of Conduct. People Places Practices Careers About. Applicability of the Code of Conduct As of Decemberlocal governments in Pennsylvania operated 1, separate pension funds for police and fire-fighting employees and 2, separate pension funds for non-uniformed employees.
Restrictions on Political Contributions and Gifts The Code of Conduct prohibits a person who "within the past two years" has made a campaign contribution to "a municipal official or candidate for municipal office in the municipality which controls the municipal pension system" Casino Political Action Committee Defined Pension Calculator entering into a professional services contract with the pension system. While the ban on the "solicitation" of contributions applies to contractors and their officers, directors and employees, the ban on contributions themselves applies only to contractors.
While the ban on contributions made by contractors applies to "affiliated entities" that are subsidiaries, holding companies, owners, and nonprofit entities created by lobbying firms, the ban does not apply to contributions made by political committees affiliated with contractors, or by parents or subsidiaries of contractors.
No time period is specified for application of the prohibition upon soliciting campaign contributions by contractors and prospective contractors, and no guidance is provided to distinguish unlawful "solicitation" from political speech protected by the First Amendment. The prohibition upon contractors making gifts to municipal officials and employees does not appear to apply to prospective contractors and does not appear to apply prior to the execution of contracts with pension systems.
No guidance is provided regarding how to measure the two-year restriction on making contributions and no clarification is provided regarding whether the two-year limitation on contributions applies to agents, officers, directors and employees of contractors and prospective contractors. While the ban on the Indiana Live Commerce Casino Poker Room Review of political contributions applies to political committees and party committees, the ban on contributions themselves does not apply to political committees and party committees.
The reporting Skagit Casino Entertainment apply to contributions to candidates, office Casino Political Action Committee Contributions Deductible Mortgage, and their political committees, but not to unaffiliated political committees, such as corporate-sponsored political action committees, that may in turn make contributions to the same candidates, office holders and political committees.
No clarification is provided regarding whether contributions to both state and federal candidate committees must be reported. Gifts and direct financial, commercial or business relationships must be reported by contractors, but not by prospective contractors, or by the officers, directors, executive level employees or owners of either contractors or prospective contractors.
The Code of Conduct requires any person that enters into a professional services contract or intends to enter into a contract to disclose "the employment or compensation of any third party intermediary, agent or lobbyist" used to "directly or indirectly communicate" with a municipal pension system or municipal official or employee "in connection with any transaction or investment involving the contractor. The same principle may apply to the ban on contributions provided by the Code of Conduct because its objectives could similarly be achieved by restrictions and limitations on contributions similar to those Casino Political Action Committee Contributions Deductible Mortgage by Rule G of the Municipal Securities Rulemaking Board.
The term "executive level employee" as used in the reporting requirements for political contributions means an individual who can "affect or influence the outcome of [a contracto's, prospective contractor's, or an affiliated entity's] actions, policies or decisions" relating to business with a municipality or municipal pension system, or an individual "directly involved in the implementation or development of policies" relating to the conduct of business with a municipality or municipal pension system.
The MCFA plainly bars all persons from making expending contributions in anonymity. With respect to your request that the Department to refrain from referring you to the Attorney General for prosecution based on the facts that stated in your letter, please be advised that MCFA enforcement matters are governed by MCL The MCFA's prohibition against using public resources to make a contribution or expenditure includes a number of important exceptions that recognize the societal benefit of inviting public discussion of issues confronting government agencies and public officials, thus enabling voters to make informed decisions based on an official's expression of views or factual information concerning government operations.
The City Council's discussion and adoption of a resolution expressing support for Proposalits hosting of a forum to discuss personal property tax reform and other issues including business recruitment and worker training, and the Mayor's favorable comments regarding Proposal made during a City Council meeting fall squarely within the exceptions of MCL Many of the Act's provisions apply to a "person," which is defined to include, "a business, Casino Political Action Committee Contributions Deductible Mortgage The word "business" includes, among other things, a trust.
Therefore the MCFA authorizes a trust to make a contribution, including a loan, to a candidate committee. Although the MCFA authorizes a trust to make contributions to candidates, a trust specifically excludes a conservatorship. Further, under EPIC, the enumerated powers and duties of guardians and conservators do not include making contributions.
Thus, the Department concludes that a conservatorship is prohibited from making a contribution under the MCFA. If a committee knows that is has received a contribution from a conservatorship, it should refund the contribution. A committee is not authorized to retain a contribution from a prohibited source The Department has consistently advocated for transparency through disclosure. The Department maintains that any change in policy regarding the issue of disclosing payments for electioneering communications that are the functional equivalent of express advocacy cannot be accomplished through the declaratory ruling or interpretive statement process, but must be addressed by the Legislature or through the administrative rule-making process The Michigan Legislature has not enacted amendments to the MCFA to establish independent expenditure political committees Super PACs or expand the definition of "independent expenditure" to include coordinated activity, under Citizens United and Michigan Chamber of Commerce, the Department must refer to federal law when considering the extent to which the MCFA governs the activities of independent expenditure political committees.
In order to ensure compliance with the MCFA, bundled contributions must not be deposited into a bank account owned or controlled by ActRight Michigan. The MCFA applies to the contributions received and expenditures made for recall activities associated with a clarity hearing, such as the costs incurred in drafting and preparing the recall petition or attending or participating in such hearing.
Legal fees paid or incurred for the purposes or prosecuting or defending such a lawsuit are regulated under the MCFA Since the MCFA is silent on the method of filing campaign statements with the county clerk, a county may pass an ordinance that specifies the method.
It is the Department's opinion that the method for the filing may include electronic filing, but the requirements triggering the electronic filing must not be more restrictive than the provisions contained in the MCFA The political committee is the only mechanism available for reporting the corporation's independent expenditures for the political speech permitted under Citizens United.
The limited impact of Citizens United under the MCFA is that it allows a corporation to make and report independent expenditures by engaging in political speech and be funded exclusively by that corporation. A filer will comply with the Act's reporting requirements by filing a campaign statement consisting of a cover page, a summary page, Schedule 2B-1 Itemized Independent Expenditures and Schedule 2A-1 Itemized Other Receipts.
The latter schedule would report expenditures made during that reporting period. Section 42 2 prohibits acceptance of certain contributions unless accompanied by a certified statement which, among other things, states that the contribution from the out-of-state contributor "was not made from an account containing funds prohibited by section The MCFA does not permit contributions from those entities.
The general treasury funds of a corporation, labor union, or domestic dependent sovereign may be used to make contributions to a political committee which is organized exclusively for the purpose of making independent expenditures that are not in any way directly or indirectly "coordinated" with a candidate, candidate committee, political party, or political party committee.
A candidate workshop is governed by the Act only if the Casino Deposit With Paypal a contribution to a candidate or an expenditure the sponsoring organization. In making this determination, the Department will take into account the extent to which a candidate workshop furnishes generic campaign information, and consider whether the sponsoring organization has engaged in express advocacy or sought to persuade attendees to adopt certain policy positions It is reasonable to presume that compensation paid by the recipient charitable organization to a candidate's spouse or dependent child will always benefit the candidate, whether the benefit derived by the candidate is direct or indirect.
In these circumstances, the candidate may not transfer unexpended funds to that Casino Political Action Committee Contributions Deductible Mortgage organization.
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On the other hand, it is possible that a candidate would not benefit from compensation paid to a non-dependent child or to a child who does not reside in the same household as the candidate. The transfer of unexpended funds could be allowed depending upon the specific fact of each case To qualify as such Geant Casino On Line ordinary and necessary business expense, the source of the charge or the character of the conduct from which the charge stems must arise in the course of carrying out the business of being a public official.
Expenses incurred to defend against charges that originate from personal activity unrelated to performing the functions of the public official's office will not so qualify An idea has evolved into a ballot question when the proponents undertake any action that is reasonably designed to result in the qualification and passage of a ballot question.
The proponents make an expenditure to the extent that their preliminary activity directly influences or attempts to influence the qualification of the ballot question or the outcome of an election regarding that question. See AG Opinion above The officeholder must demonstrate to the satisfaction of the designated filing official that payment of such expenses from his or her candidate committee's funds is proper.
Uncorrected errors or omissions are reported to the Attorney General. In support of a claim that an expenditure is an incidental expense, the filing official ought to require the officeholder to submit documentation supporting is or her position. Such evidence should include a statement from the Internal Revenue Service indicating that the legal fees at issue constitute "an ordinary and necessary expense, as described in … 26 USCpaid or incurred in carrying out the.
A donation from a Candidate Committee to the Michigan Political History Society MPHS may be expenditure if the committee can demonstrate an identifiable, tangible benefit that advances the candidate's nomination or election.
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