PLCB memo cites Office of Administration’s “determination” to silence state worker
Despite public denials, Gov. Tom Corbett’s Office of Administration is deeply involved in attempts to silence a Pennsylvania Liquor Control Board staff attorney who, on his private time, conducts community forums on the Harrisburg debt crisis.
By day, Alan Kennedy-Shaffer is an assistant solicitor with the PLCB.
By night, in his personal time, Kennedy-Shaffer is the founder and organizer of Harrisburg Hope, a group that has been instrumental in bringing public officials and citizens together to discuss the capital city’s debt crisis.
On September 28, 2012, Kennedy-Shaffer received a cease and desist letter from the PLCB’s Human Resource director ordering him to stop all off-hours work with Harrisburg Hope.
More than a year ago, Kennedy-Shaffer asked for “supplementary employment” approval to continue his role with Harrisburg Hope.
“After careful consideration by the Office of Administration and consultation with the PLCB’s Chief Counsel’s Office, I regret to inform you that I cannot approve your Supplementary Employment request to serve as President/Chairman of Harrisburg Hope, a registered Political Action Committee (PAC),” wrote Christopher O’Neal, LCB Director of the Bureau of Human Resources, to Kennedy-Shaffer in the September 28 letter.
In his letter, O’Neal cited Corbett’s central Office of Administration as the origin of what amounts to a gag order on Kennedy-Shaffer.
“The Office of Administration has determined, and the PLCB’s Chief Counsel’s Office concurs, that your request is not permissible under the Governor’s Code of Conduct (Executive Order 1980-18),” the September 28 letter reads.
“Specifically, Executive Order No. 1980-18 Amended, Code of Conduct, Part I A, states that no employee shall, ‘Engage in any political activity such as campaigning, fundraising, canvassing, or poll watching during their work hours, or which has been determined by the Secretary of Administration to conflict with the ability of the affected official or employee to effectively and efficiently carry out the duties and functions of his or her position.’
“Effective immediately, you are to cease all involvement in Harrisburg Hope and should provide confirmation as such to the PLCB Bureau of Human Resources by October 5, 2012.”
Kennedy-Shaffer has appealed the work-place order.
Meanwhile, the Harrisburg Patriot-News took up Kennedy-Shaffer’s cause.
In an article published on October 4, outgoing Patriot-News reporter Eric Veronikis wrote that, “Gov. Tom Corbett’s office and the Pennsylvania Liquor Control Board have ordered Alan Kennedy-Shaffer to cease all involvement with Harrisburg Hope, the grassroots community group he created to give city residents a voice in Harrisburg’s debt recovery process and other community matters.
“On Wednesday, the PLCB denied his request in a certified letter, telling him that after ‘careful consideration’ by Corbett’s office of administration and the PLCB’s chief counsel, he was to cease and desist.
“Despite the wording of the letter, however, a spokesman for the office of administration said the office had nothing to do with PLCB’s determination and that the PLCB’s letter simply was ‘poorly written.'”
Having received a public denial of any involvement from the Corbett administration, or its Office of Administration (OA), in the attempted silencing of Kennedy-Shaffer, reporter Veronikis continued to look into the controversy.
Veronikis in the past week then got his hands on a leaked internal memo from the PLCB’s chief counsel stating, “This office finds no grounds to disturb the determination of the Office of Administration” in the Kennedy- Shaffer matter.
The memo as such refers to additional legal findings from Corbett’s Office of Administration, which Corbett’s press officer previously denied existed.
The Patriot-News is preparing an article on the leaked internal memo, and Corbett’s failed efforts to cover up the matter.
Harrisburg Hope, and Kennedy-Shaffer, hosted many community forums in the last few years concerning Harrisburg’s debt crisis. Former Harrisburg Receiver David Unkovic had his first and last public appearances at Harrisburg Hope forums.
Kennedy- Shaffer and his forums have been widely credited with bringing about a change of heart with former Receiver Unkovic, who resigned this spring after calling for a criminal investigation of Harrisburg’s debt, and implicating Gov. Corbett’s office in a cover-up of that matter,
This Sunday, the Patriot-News ran an editorial defending Kennedy-Shaffer.
“Numerous local politicians — from both sides of the political spectrum — have participated in the forums. Some events are debates between candidates running for office (such as one scheduled for Oct. 15 between state Senate candidates Democrat Rob Teplitz and Republican John McNally); others are topical forums on city affairs. There are always a wide range of voices represented,” the paper editorialized.
“This newspaper and others have praised the group for fostering community engagement. Some of the forums have had more than 200 people attend.
State employees are not supposed to be involved in campaigns and rightfully so. But that’s not what’s going on here.
“This sure sounds like an attempt to silence public debate. Fortunately, Kennedy-Shaffer has vowed to stick with Harrisburg Hope no matter what.
In a further wrinkle, Patriot-News reporter Veronikis has told friends that he recently received word that he is being terminated from employment with the Patriot-News after December, due to the newspaper’s announced downsizing and shift to internet operations.
