HomeMy WebLinkAbout191 OdhnerMr. Carl Odhner
c/o Edward J. Lentz, Esq.
Butz, Hudders & Tallman
740 Hamilton Mall
Allentown, PA 18101 -2488
Re: #83 -12 -C
Dear Mr. Odhner:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
March 3, 1983
Order No. 191
The State Ethics Commission has received a complaint regarding you and a
possible violation of Act 170 of 1978. The Commission has now completed its
investigation. The individual allegations, conclusions, and findings on which
those conclusions are based are as follows:
I. Allegation: That as a member of the Executive Planning Panel of the
Pennsylvania Office of Vocational Rehabilitation, within the Department of
Labor and Industry you are in a position of conflict of interest in that you
also serve as Director, Good Shepherd Vocational Center, Allentown, and have
used your public post to secure grants and increased funding for your Center.
A. Finding
1. You serve as a member of the Executive Planning Panel; hereinafter the
Panel, of the Office of Vocational Rehabilitation s(OVR) within the Department
of Labor & Industry of the Commonwealth of Pennsylvania.
a. As such you are appointed and serve without compensation except for
reimbursement for actual expenses.
b. The Panel performs advisory functions only and has no authority to
expend public funds or to otherwise exercise the authority of the
Commonwealth.
Carl Odhner
March 3, 1983
Page 2
2. You also serve in the capacity as Director with the Good Shepherd
Workshop /Vocational Services, Allentown, hereinafter the "Workshop."
3. The Center /Workshop is or is eligible, has applied for or has obtained
non - profit corporation status under the laws of Pennsylvania for all periods
pertinent herein.
4. Prior to serving as Director of the Workshop you were employed by the
Workshop's predecessor corporation, the Good Shephered Home, which was also
qualified as and ruled to be tax - exempt under the federal tax laws and
incorporated as a non- profit corporation under the laws of Pennsylvania.
R. Discussion: The Ethics Act applies to and regulates the conduct of
"public employees" and "public officials." In determining whether you are
subject to the requirements of the Ethics Act we review the pertinent
definitiion of 'ypublic official," as follows:
Any elected or appointed official in the Executive,
Legislative or Judicial Branch of the State or any
political subdivision thereof, provided that it shall not
include members, of advisory boards that have no authority
to expend public funds other than reimbursement for
personal expense, or to otherwise exercise the power of
the State or any political subdivision thereof. "Public
official" shall not include any appointed official who
receives no compensation other than reimbursement for
actual expenses. 65 P.S. 402
As stated in this definition, persons appointed and serving without
compensation are generally excluded from the scope of this definition and
therefore from the coverage of the Act. Although the Supreme Court's ruling
in Snider v. Thornburgh, Pa. , 437 A.2d 1 (1981) altered this
definition as to school directors, the State Ethics Commission has not to date
generally applied the Snider ruling to appointed, uncompensated .persons other
than school= directors. The Commission is still iA the process of reviewing
the ramifications and possible interpretations of the Snider ruling. However,
at present and until our review and regulations, if needed or desirable, on
any application of Snider to appointed persons other than school directors is
complete, we must conclude that you are not a "public official" within the
definition of that term as currently applied and interpreted.
We also note that the business with which you serve is not an "entity
organized for profit" so there is some question as to whether your actions,
vis -a -vis such a business (even assuming you to be a "public official ") could
violate Section 3(a) of the Ethics Act, 65 P.S. 403(a), the most pertinent
provision given the allegation raised.
Carl Odhner
March 3, 1983
Page 3
C. Conclusion: You_are not a "public official" subject to the Ethics Act.
There is some question as to whether your conduct may be reviewed vis -a -vis
the non - profit entity by which you are employed. The State Ethics Commission
will undertake no further review of this matter.
Our files in this case will remain confidential in accordance with
Section 8(a) of the Ethics Act, 65 P.S. 408(a). However, this Order is final
and will made available as a public document within 15 days after service
unless you file documentation with the Commission which justifies
reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code
2.38. During this 15 -day period, no one, including the Respondent unless he
waives his right to challenge this Order, may violate this confidentiality by
releasing, discussing or circulating this Order.
Any person who violates the confidentiality of a Commission proceeding
is guilty of a misdemeanor and shall be fined not more than $1000 or
imprisoned for not more than one year or both, see 65 P.S. 409(e).
PJS /jc
Sincerely,
�i
1 .
` ,y'
Paul J. ,Smith
Chairman