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