Breslin's "Township Observer" Raises Ethical Questions

Pat Breslin

Last week, Save Green Pond attorneys Tom and Charles Elliott filed a motion to disqualify Commissioner Pat Breslin from voting on a Traditions of America retirement community in Bethlehem Township. They introduced evidence that Breslin had said the plan is a "done deal" and had disparaged Save Green Pond. They also introduced evidence that suggests Breslin may have a pecuniary interest in this matter.

Generally speaking, “A member of the board shall not be disqualified from voting on any issue before the board solely because the member has previously expressed an opinion in either an official or unofficial capacity. ” But the law is different when there is evidence that a board member has a pecuniary interest.

The brochure that Breslin gave to witness Randi Jordan includes this notation: "In the News, Green Pond Country Club to Expand, p. 5."

TheTownship Observer website includes a promotional photo for Green Pond Country Club and Banquet Facility.

The website was created by Breslin on November 1, 2016, using a compaid.com email address. It is owned by Township Observer, LLC.

According to the Pa. Corporation Bureau, Township Observer LLC was created on October 7, 2016 and lists an address of 1534 North Ninth Street Stroudsburg PA 18360  That also happens to be the address of Major Hyundai, a well-regarded auto dealer. No one there has heard of Breslin or Township Observer

I have asked Breslin to explain whether he solicited ads from Green Pond or TOA. If he solicited business forma gold and jewelry exchange, it's logical to wonder whether he contacted Green Pond Country Club and Traditions of America. I've also asked him to explain why no one at the Stroudsburg address is aware of him or the Township Observer. It is unknown whether he has received or solicited a financial consideration from Green Pond Country Club for what appears to be promotion of that business on his website. Under the state Ethics Act, elected officials must recuse themselves from matters in which they have a pecuniary interest.

Broughal indicated he would make no ruling on the disqualification motion without first affording the absent Breslin an opportunity to respond to these concerns. This should be interesting.

Angle Likes Bethlehem's Ethics Comm'n Proposal

Last week, when Olga Negrón-Dipini and Michael Colón unveiled their local ethics commission proposal, I had lots of questions. So many that audience members might and did think I opposed the idea. The reality is that I support any and all efforts to improve local government accountability and transparency. While meaningful reform must come from the state, I'll take what I can get.

Ron Angle is a former member of  NorCo Council. Before I go any further, let me tell you he's happy as a citizen, where he believes he is more effective. He told me, "I'd like to buy both of them lunch." I told him that would violate their gift ban proposal.

Whether an ethics commission is enacted is unimportant. What is important is that honesty in local government is addressed.

Dolan Grand Jury Report - A Wake Up Call to Local Officials Involved in NonProfits

The Grand Jury report concerning Karen Dolan should be a wake-up call to every municipal government in the Lehigh Valley. Even if a municipal official is an unpaid participant in a local nonprofit and volunteers countless hours in what he or she considers the public interest, he owes his loyalty to the people who elect him. He violates the public trust when he uses his influence as an elected official or municipal employee, to advance the cause of that non-profit. That's what Dolan did. In her case, she was attempting to enrich herself as well. She was a paid Executive Director. But it makes no difference. It makes no difference in Nazareth, either, where several borough officials are using their positions to enhance the bottom line of Nazareth Ambulance.

The Dolan Grand Jury heard from 20 witnesses. Among them is Robert P. Caruso, the Executive Director of the Pennsylvania State Ethics Commission (See pages 37 - 40). He explained that the Ethics Act exists to prevent the private interests of people in public office from conflicting with the public trust.

According to Caruso, it is unlawful for any public official to use his public position for the private pecuniary benefit of himself, a member of his immediate family or a business with which he is associated. That includes nonprofits. Caruso states that if a public official is a director, officer or employee of a non-profit, and that person through his public responsibilities engages in conduct that facilitates or attempts to facilitate a financial benefit to that nonprofit,that conduct is a "conflict of interest" as that term is defined under the State Ethics Act.

The Ethics Commission can recommend felony charges be brought for violations

Caruso was asked specifically about Dolan, and concluded her conduct is a potential violation. It makes no difference whether she was actually being paid.

He was not asked about Nazareth, but the actions in that government is a potential violation as well.

In early September, I first told you about Nazareth Ambulance, a nonprofit staffed by paramedics and EMTs who provide emergency care to the sick and injured in the Nazareth area, including Gracedale. I have no quarrel with Nazareth Ambulance itself, which does outstanding work. My concern is with its board. It's comprised almost entirely of people who already have a role in Nazareth government.

According to the 2012 nonprofit tax return for Nazareth Ambulance, the most recent one on record, its eight-member board included Nazareth's Treasurer, the Nazareth Borough Solicitor, the Mayor, the Borough Council President and a Borough Council member. I have no idea whether that's still the case, but suspect it is.

In 2013, when Nazareth Borough Council voted to condemn 9 acres (J7-16-2a), which is part of the new ambulance center. None of the ambulance directors recused themselves from the vote. They used the authority of their office (Borough Council) for the private pecuniary benefit of a business (Nazareth Ambulance) with which they are associated. It is unknown whether any Council members or the other borough officials are paid in connection with their board duties. But it does not matter. They engaged in a conflict of interest.

In 2012, when Nazareth applied for a $50,000 County Gaming Grant to extend G.W. Stoudt Boulevard from from its current terminus at the Highway Garage to intersect with Gracedale Avenue in Upper Nazareth, Nazareth makes clear that the grant was for the benefit of Nazareth Ambulance, not borough residents. With this road extension, response time to Gracedale would improve. So would response time to the western portion of Upper Nazareth.road, But none of that has anything to do with the Borough. The Borough officials who prepared this grant request were also members of the Ambulance Board. This is a conflict of interest.

In September, right after I told Nazareth Borough Council about this conflict of interest, members till unanimously voted on at least one matter involving the ambulance company. Dan Chiavaroli,, the Council President, did abstain in the second matter.

Like Bethlehem,Nazareth and probably most Lehigh Valley communities need to enact policies and procedures to guard against future conflicts of interest.

Nazareth Borough Council Has Conflict of Interest With Nazareth Ambulance

According to the state Ethics Act, a "conflict of interest" is defined as "[u]se by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated." Put more simply, no public official may use the authority of his office or confidential information obtained from his position to enrich himself, a member of his immediate family or any business with which he is associated.

That includes nonprofits, according to a 2009 Pennsylvania Supreme Court decision concluding a need for public trust in government. "[I]t seems reasonable that a liberal interpretation of the term 'business' is necessary to assure our citizens that the private financial interests of their public officials will not undermine the honest discharge of those officials' public duties."

Thus it appears to be a conflict for a Nazareth Borough Council member to use the authority of his public office to advance the private pecuniary of Nazareth Ambulance Corps. Yet that is precisely what is happening.

According to the most recent nonprofit tax return filed by Nazareth Ambulance Corps, two Council members, the then Mayor, the Borough Solicitor and the Borough Secretary made up five of the eight directors. Yet on 9/3/13, the minutes reflect that Borough Council participated in an unanimous vote to condemn 9 acres (J7-16-9a), which is part of the new ambulance center. None of the ambulance directors recused themselves from the vote. They used the authority of their office (Borough Council)  for the private pecuniary benefit of a business (Nazareth Ambulance) with which they are associated. It is unknown whether any Council members or the other borough officials are paid in connection with their board duties.

This explains why Council rushed to apply for a roadway grant long before it was needed. This is being built to serve the ambulance company and Gracedale residents, not the Borough of Nazareth or its own residents.

I emailed Dan Chiavaroli, the Nazareth Borough Council President, on Friday to request an explanation of what certainly appears to be a conflict of interest. He has been identified as the president of Nazareth Ambulance, but I have no idea whether he benefits financially.

Dolan Stops Taking Questions at Illick's Mill News Conference

Illick's Mill

Though Bethlehem City Council member Karen Dolan is no longer the Executive Director or even a voting board member at the Illick's Mill, she still called a news conference on July 24 to announce to an audience of about 40 that the drop-in nature center is closing. The facility will still host weddings through the end of January, and Dolan stated that some unspecified group from Lehigh may be taking over. She also stated she would remain as a gardener.

Her announcement comes at a time when attempts to negotiate a lease, and one that requires some kind of rental payment, have faltered. In an April text to Mayor Donchez, she promised, "I will do everything I can to prevent this lease from going to Council." On the eve of her news conference, she recommended on the Facebook Mill site that supporters contact the Mayor, write letters to the editor and even speak out at City Council meetings. She also lashed out, "I hope ruining my life's work was enough evil for the Gang of Jerks."

Dolan and her nonprofit are currently under investigation by a Grand Jury convened by DA John Morganelli. Witnesses have included former Mayor John Callahan, Mill Chairman Andrew Bollinger, Parks and Public Works Director Ralph Carp. Dolan has yet to be seen before the grand jury.

Dolan told WFMZ-TV69 that she doesn't know why she's being investigated.

While Executive Director, she failed to file nonprofit tax returns for three years in a row. As a result, her nonprofit status was revoked for at least a year. During that time, she continued raising money. Her vote on last year's budget, which provided for heating oil at the Mill, is an apparent violation of the Ethics Act prohibition on voting on matters in which she has a direct financial interest. Dolan was a paid Executive Director. As Chair of City Council's Parks' Committee, she advocated relaxing restrictions on alcohol in the park, where the Mill hosts wedding receptions. Her threat concerning the lease to Mayor Donchez may be yet another violation of the Ethics Act.

In addition to paying no rent, the Mill has also stopped paying utilities, and Bethlehem taxpayers have footed the bill. In the meantime, there are nine room air conditioners at the site. Over $128,000 owed to the City for work at the Mill has been written off as noncollectable.

Before the news conference began, this reporter was asked to confirm with Dolan's husband that he was there for The Bethlehem Press. Dolan supporter Gloria McVeigh taunted, "Look who's here, gloating over the corpse."

But when she made her announcement, Dolan professed she was interested in accentuating the positive.

"A teacher, that would be me," claimed Dolan, "imagined all things are possible when the people are behind her." She later added, "I was the teacher in this story," to accentuate her role as an educator.

She called Bill Burkhardt, a former Liberty principal, to discuss the value of experiential learning. He was followed by former Liberty High School participant Erin Matyus and Lafayette College intern Rebecca Murray. Tom Kerr, a former board member, echoed Burkhardt.

When the speakers finished, Dolan indicated she would entertain questions, but not about the "dark clouds" surrounding her nonprofit.

But before long, she began blaming the City for the Center's difficulties.She said she had a letter from Solicitor Bill Leeson claiming that the center was a liability, not an asset, and then she made a reference to politics playing a part.

Dolan was then reminded about her claim that she would refrain from discussing the "dark clouds" over the Mill, and that many political and other questions could be asked. At that point, her husband leapt to her defense and Mill supporters shouted down the reporter.

When Dolan continued, she stated she would not be accepting any more questions. But she later told WFMZ-69 that there "was no wrongdoing."