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House Rule 1 E. Ethical Conduct Rules of the House of Representatives.
Definitions
The following words and phrases when used in the Ethical Conduct Rules of the House of Representatives shall have the meanings given to them in this Rule unless the context clearly indicates otherwise:
"Campaign." An effort organized in support of or opposition to the nomination, election or re-election of an individual to elective office.
"Campaign activity." An activity on behalf of a candidate, political party, political committee, campaign, campaign committee, political organization or political body which is intended to influence the outcome of an election, including any of the following:
(1) Organizing a campaign meeting, campaign rally or other campaign event, including a fund-raiser where campaign contributions are solicited or received.
(2) Preparing or completing responses to questionnaires that are intended primarily for campaign use.
(3) Preparing, reviewing or filing a campaign finance report.
(4) Conducting background research on a candidate or an elected official to be used or intended to be used to influence the outcome of an election.
(5) Preparing, conducting or participating in campaign polling.
(6) Preparing, circulating or filing a candidate nominating petition or papers.
(7) Participating in, preparing, reviewing or filing a legal challenge to a nominating petition or papers.
(8) Preparing, distributing or mailing campaign literature, campaign signs or other campaign material on behalf of or in opposition to any candidate.
(9) Managing a campaign.
(10) Participating in, preparing, reviewing or filing documents in a recount, challenge or contest of an election.
(11) Posting campaign-related information on a website or social media website.
(12) Soliciting an individual's vote for a candidate.
(13) Working at a polling place.
"Campaign contribution." A monetary or in-kind contribution made to a candidate or a campaign.
"Campaign polling." The preparation, compilation, collection or gathering of information, including focus groups and surveys, reflecting public opinion as to an elected official, group of elected officials, candidate, group of candidates, political party, political committee, campaign, campaign committee, political organization or political body that is intended to be used for the purpose of supporting or opposing the nomination, election or re-election of an individual to elective office.
"Candidate." An individual seeking nomination, election or re-election to an elective office.
"De minimus." An economic consequence which has an insignificant effect.
"Elected official." An individual elected by the public to serve a term in an elective office. The term shall include an individual appointed to fill an unexpired term in an elective office.
"Election." A general, special, municipal or primary election, including elections at which a candidate for elective office in a Federal governmental body is on the ballot.
"Elective office." A position in a governmental body to which an individual is required under the Constitution of Pennsylvania, the Constitution of the United States or by law to be elected by the public.
"House employee." A person employed by the Office of the Speaker of the House of Representatives, the House Republican Caucus or the House Democratic Caucus.
"House office." Legislative offices and work spaces, including:
(1) An office assigned to a Member for the conduct of legislative duties, wherever located.
(2) House conference or meeting rooms located in the Capitol complex.
(3) A legislative district office.
"House resources." House-owned or House-leased equipment including telephones, computer hardware or software, copiers, scanners, fax machines, file cabinets or other office furniture, cell phones, personal digital assistants or similar electronic devices, and office supplies.
"House work time." Compensated time spent in the performance of duties by a House employee.
"Mass communication." The term shall include, but not be limited to, the following if they are paid for with House funds:
(1) Any newsletter or similar mailing of more than 50 pieces a day in which the content of the matter is substantially identical.
(2) Any electronic mail transmission to more than 50 addresses per day in which the content of the matter is substantially identical.
(3) Any public service announcement via radio or television broadcast that depicts the name, voice or image of a Member.
(4) Any telemarketing activities or robocalls on behalf of a Member, except for limited surveys to determine public opinion on various issues that do not use the name, voice or image of a Member.
"Member." An individual elected to serve in the Pennsylvania House of Representatives.
"Official mailing lists." Any list containing individuals, companies or vendors, including names, addresses, telephone numbers or e-mail addresses that are procured, compiled, maintained or produced with House funds.
"Own time." A House employee's time that is distinct from House work time and includes time that is spent on vacation/annual leave and personal leave. The term does not include compensatory leave.
House Rule 2 E. Conduct.
No campaign activity may be conducted by a House employee on House work time. No campaign activity may be conducted in a House office or with House resources or House funds. The following shall apply:
(1) House employees are permitted to engage in campaign activities on their own time.
(2) The solicitation or receipt of campaign contributions in a House office, on House work time or with House resources is prohibited. If an unsolicited contribution is sent to a House office through the mail or in an unidentifiable form, the employee who receives it shall turn it over to the applicable campaign and, within two business days, notify the donor, if known, that campaign contributions should not be sent or delivered to a House office.
(3) No House employee may be allocated any leave time for time spent engaging in campaign activities on his or her own time.
(4) A House employee, with the permission of his or her employer, may go on leave without pay or benefits to engage in campaign activities.
(5) A House employee who announces his or her candidacy for a House seat or files nomination petitions or papers or for whom a nomination certificate is filed to run for a House seat shall be put on leave without pay or benefits during the duration of his or her candidacy unless the employee voluntarily leaves House employment.
(6) De minimis campaign activities may be unavoidable for a Member or House employee in the course of their official duties and shall not be considered a violation of these ethical conduct rules. This includes the following activities:
(a) A Member or House employee may, in responding to inquiries from the public, need to address incidental questions that relate to a Member's or another person's campaign or a related legislative record.
(b) A Member or House employee may provide scheduling assistance and information to campaign staff to ensure that no conflict occurs among the Member's campaign schedule, official schedule and personal schedule.
(c) A Member or House employee may engage in political conversation in the natural course of personal communication.
(7) A Member's official State website or State social media website shall not contain a link to his or her campaign website or campaign social media website.
(8) No House employee may be required to make a campaign contribution as a condition of employment or continued employment.
(9) No House employee may be required to perform any campaign activity, on House work time or the employee's own time, as a condition of employment or continued employment.
(10) No House employee who agrees or offers to participate in a campaign activity on the employee's own time, or makes a campaign contribution, shall receive additional House compensation or employee benefit in the form of a salary adjustment, bonus, compensatory time off, continued employment or any other similar benefit in return.
(11) A House employee who refuses to participate in a campaign activity or to make a campaign contribution shall not be sanctioned for that refusal.
(12) Official House mailing lists shall be used solely for legislative purposes and shall not be provided to a candidate, political party, political committee, campaign, campaign committee political organization or political body to be used for any campaign activity.
(13) House computers shall not be used to create or update any mailing list that identifies the listed individuals as campaign volunteers or campaign contributors to a candidate, political party, political committee, campaign or campaign committee, political organization or political body.
(14) No list may be developed by a Member or a House employee for the purpose of monitoring or tracking campaign activity or campaign contributions of a House employee.
(15) No mass communication shall be made at the direction or on behalf of any Member which is delivered to a postal facility or otherwise distributed within 60 days immediately preceding an election at which the Member is a candidate. Nothing in this subsection shall apply to any mass communication:
(a) in response to inquiries or affirmative requests from persons to whom the matter is communicated,
(b) sent to colleagues in the General Assembly or other government officials, or
(c) which consists entirely of news releases to the communications media.
(16) No House employee may be required to perform any task unrelated to the House employee's official duties, on House work time or the employee's own time, as a condition of employment or continued employment.
(17) No House employee who agrees or offers to perform a task unrelated to the House employee's official duties, on the employee's own time, shall receive any additional House compensation or employee benefit in the form of a salary adjustment, bonus, compensatory time off, continued employment or any other similar benefit in return.
(18) A House employee who refuses to perform a task unrelated to the House employee's official duties while on House work time shall not be sanctioned for that refusal.
(19) A Member shall not use campaign funds for any event that occurs inside any House office except to pay expenses related to receptions in honor of a Member's swearing-in to or retirement from the Pennsylvania House of Representatives.
Senate - Ethical Conduct Rules
PRELIMINARY PROVISIONS
1. As used in these rules, the following words and phrases shall have the meanings given to them in this rule unless the context clearly indicates otherwise:
"Campaign activity." An activity on behalf of a political party, candidate, political committee or campaign, which is intended to advance the interests of a specific party, candidate, political committee or campaign for elective office, including any of the following:
(1) Organizing a campaign meeting, campaign rally or other campaign event, including a fund-raiser where campaign contributions are solicited or received.
(2) Preparing or completing responses to candidate questionnaires that are intended solely for campaign use.
(3) Preparing a campaign finance report.
(4) Conducting background research on a candidate.
(5) Preparing or conducting a campaign poll.
(6) Preparing, circulating or filing a candidate nominating petition or papers.
(7) Participating in, preparing, reviewing or filing a legal challenge to a nominating petition.
(8) Preparing, distributing or mailing any campaign literature, campaign signs or other campaign material, including television and radio ads, website construction, e-mails, facsimiles and robocalls, on behalf of any candidate for elective office.
(9) Managing a campaign for elective office.
(10) Participating in, preparing, reviewing or filing any documents in any recount, challenge or contest of any election.
(11) Posting campaign-related information on a website, including social media websites such as Facebook and Twitter.
"Campaign contribution." A monetary or in-kind contribution made to an electoral candidate campaign.
"De minimis." An economic consequence which has an insignificant effect.
"Newsletter." A printed document more than one page in length that addresses more than one subject and is printed in quantities of 25,000 copies or more.
"Official mailing lists." Any list containing individuals, companies or vendors, including names, addresses, telephone numbers or e-mail addresses that are procured, compiled, maintained or produced with Senate funds.
"Own time." A Senate employee's time that is distinct from Senate work time and includes all leave.
"Senate employee." A person employed by the Senate, including the Chief Clerk and the Secretary of the Senate.
"Senate employee in a supervisory position." A Senate employee who has a general supervisory role within: a caucus; an individual Senator's office; or a Senate services office.
"Senate office." All Senate offices and Senate conference or meeting rooms located in the Capitol complex or any similar space contained within a district office.
"Senate resources." Senate-owned or Senate-leased equipment including telephones, computer hardware or software, copiers, scanners, fax machines, file cabinets or other office furniture, cell phones, personal digital assistants or similar electronic devices, and office supplies.
"Senate work time." Publicly paid work time consisting in the aggregate of 75 hours every two weeks for full-time employees and a lesser amount of publicly paid hours every two weeks for part-time employees.
"Senator." A person elected to serve in the Pennsylvania Senate from each of the fifty Senatorial districts.
II. PRACTICE
1. No campaign activity may be conducted by a Senate employee on Senate work time. The following shall apply:
(a) Senate employees are permitted to engage in campaign activities on their own time, as volunteers or for pay.
(b) Senate employees may work irregular hours often depending upon the time the Senate is in session. As a result, a staffer's own time can occur during what may be considered "normal" business hours.
(c) Sick leave, family and medical leave, work-related disability leave, parental leave, short-term disability leave, civil leave or military leave cannot be requested by a Senate employee to perform campaign activities.
(d) No Senate employee may be allowed any amount of Senate work time for time spent doing campaign activities.
(e) Senate employees, with the permission of their employing Senator, may reduce their Senate hours with a commensurate reduction in pay (and benefits, as required) to perform campaign activities. These arrangements must be memorialized in writing and filed with the Chief Clerk.
(f) Any Senate employee who has reduced his or her Senate hours to perform campaign activities shall keep a daily written log outlining Senate hours and related work responsibilities.
2. No campaign activity may be conducted by a Senator or a Senate employee in a Senate office or with Senate resources.
(a) De minimis campaign activities may be unavoidable for a Senator or Senate employee in the course of their official duties. Examples include the following:
(1) In responding to inquiries from the public, a Senator or a Senate employee may need to address questions that relate to a Senator's or other person's campaign for elective office or a related legislative record.
(2) Scheduling assistance and information from the Senator or a Senate employee may be requested by campaign staff to ensure that no conflict occurs among the Senator's campaign schedule, official schedule and personal schedule.
(3) Engaging in political conversation in the natural course of personal communication.
(b) Unsolicited campaign-related communication on a personally owned cell phone, personal digital assistant or similar electronic device may occur on a de minimis basis in a Senate office but may not interfere with Senate work time.
(c) A Senator's official State website shall not contain a link to his or her campaign website. A Senator's principal campaign website shall not contain a link to his or her official State website. A Senate employee who is on Senate work time and using Senate resources may post legislative materials, media advisories, news releases and announcements on social media websites such as Facebook and Twitter even if campaign-related information also exists on such a website. A Senate employee who is on his or her own time and using personal resources may post material involving or referring to campaign activity on a social media website.
3. The solicitation or receipt of campaign contributions on Senate work time or with Senate resources is prohibited.
(a) Solicitation or receipt of campaign contributions in a Senate office or with Senate resources is prohibited at any and all times.
(b) If an unsolicited contribution is sent to a Senate office through the mail or in an unidentifiable form, the employee who receives it shall turn it over to the campaign and notify the donor that campaign contributions should not be received at a Senate office within no more than seven days.
(c) No Senate employee may serve as an officer on a campaign committee or a campaign finance committee on behalf of any Senator, Senate candidate or Senate caucus.
(d) A Senate employee may help plan and may provide assistance at a campaign event on his or her own time.
4. No Senate employee may be required to perform any campaign activity or make any campaign contribution.
(a) No Senator, no Senate employee acting on the Senator's behalf and no Senate employee in a supervisory position may require a Senate employee to perform any campaign activity on Senate work time or on the employee's own time as a condition of employment.
(b) No Senator, no Senate employee acting on the Senator's behalf and no Senate employee in a supervisory position may require any Senate employee to make a campaign contribution as a condition of employment.
(c) A Senate employee who agrees or offers to participate in any campaign activity on his or her own time or who makes a campaign contribution may not do so in consideration of receiving any additional Senate compensation or employee benefit in the form of a salary adjustment, bonus, compensatory time off, continued employment or any other similar benefit.
(d) A Senate employee who declines to participate in a campaign activity or to make a campaign contribution shall not be sanctioned for that refusal.
5. No Senate-funded newsletter may be printed or distributed within 60 days of the primary or general election for any Senate member running for the office of Senate or any other elective office.
(a) This rule shall apply to newsletters printed by the Senate or by an outside vendor paid for with public funds.
(b) The Chief Clerk of the Senate may not authorize the reimbursement or payment of any moneys expended for print, distribution or postage incurred after the 60-day deadline.
(c) Senators running for the office of the Senate or any other elective office shall submit to the Secretary of the Senate a final proof copy of any newsletters no less than 90 days prior to a primary or general election.
6. Official Senate mailing lists shall be used solely for legislative purposes.
(a) Official Senate mailing lists shall not be provided to any candidate, political party, political committee, campaign or campaign committee or used for any campaign purpose.
(b) Senate computers shall not be used to create, store or maintain any mailing list that identifies the listed individuals as campaign volunteers or contributors to any candidate, political party, political committee, campaign or campaign committee.
(c) No list may be developed by a Senator or a Senate employee for the purpose of monitoring or tracking campaign activity or campaign contributions of any Senate employee.
(d) Mailing lists may be purchased at fair market value from a private source with Senate funds if the lists are used solely for legislative purposes. A mailing list that is so acquired may not be used or redirected in the same or a modified form for campaign purposes.
7. No Senate employee may be required to perform any nonwork-related task.
(a) No Senator, no Senate employee acting on the Senator's behalf and no Senate employee in a supervisory position may require a Senate employee to perform tasks unrelated to their official duties as a condition of employment.
(b) An employee who agrees or offers to perform a task unrelated to that person's official duties on his or her own time may not do so in consideration of receiving any additional State Senate compensation or employee benefit in the form of a salary adjustment, bonus, compensatory time off, continued employment or any other public benefit.
(c) An employee who refuses to perform a task unrelated to that person's official duties cannot be sanctioned for that refusal.
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