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HomeMy WebLinkAbout193 WeitzmanMr. Leonard Weitzman c/o Lynn E. Wagner, Esq. Berkman Ruslander Pohl Lieber & Engel 20th Floor Frick Building Pittsburgh, PA 15219 Re: No. 83 -11 -C Dear Mr. Weitzman: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION March 3, 1983 Order No. 193 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, Vocational Rehabilitation Center, Allegheny County Center, and have used your public post to secure grants and increased funding for your Center. A. Findings 1. You serve as a member of the Executive Planning 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 Director with the Vocational Rehabilitation Center of Allegheny County, hereinafter the "Center." Leonard Weitzman 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 aid 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. Leonard Weitzman 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, ;l Paul J Smith Chairman