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HomeMy WebLinkAbout192 LaceyMr. Lee Lacey c/o Eric Springer, Esq. Horty, Springer, and Mattern 4614 Fifth Avenue, Fairfax Building Pittsburgh, PA 15213 Re: No. 83 -13 -C Dear Mr. Lacey: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION March 3, 1983 Order No. 192 Note: Lacey letter dated 3/14/82 is also part of this Order #192. 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 Executive Director, Harmarville Rehabilitation Center, Pittsburgh,,and have used your public post to secure grants and increased A. Findings 1. You serve as a member of the Executive Plannirfig Panel, hereinafter the Panel, of the Office of Vocational Rehabilitation (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. 2. You also serve in the capacity as Executive Director with the Harmarville Rehabilitation Center, Pittsburgh, hereinafter the "Center." Lee Lacey March 3, 1983 Page 2 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. B. 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 "public 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 in 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. - s 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. Lee Lacey 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 % aul J. ,smith Chairman Sincerely, HARMARVILLE Sincerely, r3- 13, ADDING LIFE TOYfi4RS REHABILITATION CENTER, INC. P.O. Box 11460. Guys Run Road, Pittsburg_ h, PA 15238 (412) 781 - 5700/828 -1300 March 14, 1983 vo Honorable Paul J. Smith, Chairman da State Ethics Commission 308 Finance Building Harrisburg, Pa. 17121 Dear Mr. Smith: Eric Springer forwarded to me your Order of March 3, 1983 stating that the Commission will take no further action in review of Complaint No. 83 -13 -C, which alleged some wrongdoing on my part. In that Order you stated in Paragra15h "As such,.you are appointed_and serve r j - r / without compensation except for reimbursement of actual expenses." In fact, I received no reimbursement for any kind of expenses. I would like that matter to be corrected for the record. I appreciate your attention to this detail.