PITTSBURGH – An organization promoting the teaching of Christianity through literacy has taken legal action against both its former President and Director of Children’s’ Literacy Ministry, claiming they have not returned essential materials to the group after their termination
Allegheny County Literacy Council, Inc., Christian Literacy Associates (CLA) of Wexford filed suit in the Allegheny County Court of Common Pleas on Nov. 2 versus Chris Ebner and Jennie Ebner, of Butler.
“Dr. William Kofmehl, Jr. founded CLA in 1976. CLA’s mission is to engage in Christian ministry through the promotion of literacy. CLA has provided basic reading textbooks, tutor training, and consultation services for churches, parents, and ministries. At its height, CLA served hundreds to thousands of individuals per year and trained hundreds of literacy tutors to engage in the same type of work,” the suit states.
“CLA worked with hundreds of illiterate and functionally-illiterate inmates at the Allegheny County jail, halfway houses, and drug rehab programs, and went on to train tutors to work in many other prison facilities. Dr. Kofmehl was given several awards for his work. Dr. Kofmehl is the father of Jennie Ebner and father-in-law of Chris Ebner.”
In or about December of 2013, CLA’s Board appointed Chris Ebner as President of CLA. Dr. Kofmehl remained CLA’s Board Chair, but retired from the daily operations of the organizations. Jennie Ebner worked as Director of Childrens’ Literacy Ministry during this same general period.
This past fall, the suit says it came light through examination of financial filings that CLA garnered very low revenue while the vast majority of funds raised were paid as compensation, with this compensation allegedly being inappropriately set unilaterally by the Ebners, without the consultation or consent of CLA’s Board.
“Plaintiff has also learned that in the end of 2019, defendants sent a fundraising appeal to the organization’s donors, friends, and family members, giving recipients a choice of donating to the organization or donating to Chris Ebner directly through the organization, providing the inappropriate impression that giving money to Chris Ebner would be tax-deductible,” the suit says.
“This document was sent out without the knowledge or consent of CLA’s Board Chair, and incorrectly indicated that the Ebners were not being paid for their services.”
As a result, Kofmehl terminated his daughter and son-in-law’s connection with the organization. Subsequent to their termination, the CLA says the Ebners have damaged their group and its mission by refusing to return its confidential material.
“The Ebners’ refusal to return CLA’s property, including confidential trade secrets, inhibits CLA’s ability to rebuild its program under new leadership. Due to the COVID-19 pandemic, students are currently expected to follow along with coursework from home, likely expanding the gap between the ‘haves’ and the ‘have-nots’ and making CLA’s effort to provide literacy support for those in need all the more timely and essential. However, without access to CLA’s platforms and other information withheld by the Ebners, CLA will not be able to meet the urgent and intense need for this literacy support,” according to the lawsuit.
“Likewise, without access to donor lists and other information withheld by the Ebners, CLA will be unable to engage in an effective fundraising campaign in the near term. In the nonprofit sector, it is common for organizations to bring in the bulk of their revenue between Thanksgiving and New Year’s Eve. With Thanksgiving just a few weeks away, there is precious little time to begin such a campaign. If the Ebners prevent this Christian organization from fundraising during Advent and Christmas, CLA’s finances may not carry it into 2021 and it may not be able to provide these essential literacy services.”
For counts of declaratory judgment, misappropriation of trade secrets and conversion, the plaintiff is seeking:
• Damages in the form of an injunction ordering the Ebners to immediately return all CLA property in their possession to CLA;
• A declaration that the Ebners are no longer employed in any capacity by CLA and precluded from continuing to hold themselves out as being associated in any manner with CLA or utilizing CLA’s trade secrets and other property;
• An injunction ordering the Ebners to return all trade secret information to CLA and cease efforts to utilize the same for any purpose and;
• All other relief that the Court deems just and proper, plus a trial by jury.
The plaintiff is represented by Abigail Salisbury of Salisbury Legal, in Pittsburgh.
The defendant is represented by Michael E. Fiffik of Fiffik Law Group, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-011301
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com