ET Awards Turkey to Senator Browne & Lobbyist Wife

Their award:

"State Sen. Pat Browne and his wife, Heather Browne, fail to see the conflict of interest their relationship and their jobs have created — and how it might work against Allentown’s Neighborhood Improvement Zone. Pat Browne was the chief architect of the NIZ legislation that allows Allentown to divert earned income taxes from other towns to pay for the city’s planned hockey arena. He’s now in the process of explaining to suburban officials how the new law will affect their tax collections. There’s nothing wrong with this type of regional revenue sharing, but Heather Browne is working as a lobbyist for two businesses whose owners are pursuing development projects in downtown Allentown — in the zone that will benefit from the tax legislation. No conflict? Look again."

Although The Morning Call no longer does editorials, columnists Paul Carpenter and Bill White have condemned this husband and wife legislator and lobbyist team as well.

This story first appeared here, in NIZ à Trois: Heather Browne, J.B. Reilly and Joe Topper.

To those who say blogs have no influence or should be ignored, think again.

But to those who say that regular papers are worthless, think again. Without them, we'd know noting. Without them, most polibloggers would have nothing to say.

State Senate Refuses to Produce Browne's NIZ Emails

On Tuesday, I filed right-to-know requests with State Senator Pat Browne, State Representative Jennifer Mann and Allentown Mayor Ed Pawlowski. In Senator Browne's case, I am seeking any of his email exchanges, over the last year, concerning the Allentown NIZ, with Mayor Ed Pawlowski, State Rep. Jennifer Mann, NIZ participants Joe Topper and JB Reilly and lobbying firm Pugliese Associates.

Yesterday, my request was rejected on the basis that those emails are not "legislative records," as defined under the Right-to-Know Law. In crafting this Open Records law, state legislators created more restrictive rules for themselves than local government or even the executive branch. In other words, they are unwilling to practice what they preach.

Facially, this rejection seems correct.

I'll be reviewing this over the weekend. If anyone out there is aware of any decision requiring a state legislator to produce emails, please let me know.

I think the public has a right to know what the Hell was going on, especially with Pugliese.

All the NIZ That Fits the Print!

By now, you've probably guessed I can't get enough of this NIZ story. Bethlehem and Northampton County officials are very grateful that I'm dredging in Allentown. Don't worry,  I'll be back soon, but not before I get my bottom-feeding fins on a copy of Mayor Edwin Pawlowski's year-end campaign finance report, which is due today.

Speaking of campaign finance reports, among NIZ legislator Pat Browne's 20 top contributors in his 2010 Senate race are the following:

1. Lee Butz - NIZ beneficiary.
2. Joe Topper - NIZ beneficiary.
3. Bill Grube - NIZ Board Member Elec.t
4. PPL - They will benefit in many ways from the NIZ.

There goes that "archaic" thinking again.

Senator Pat Browne Denies Lobbyist Wife Is Conflict of Interest

In 2009, Governor Ed Rendell was up against a 101-day long budget stalemate, the longest in state history. The price for Senator Pat Browne's cooperation? Hockey. He inserted what he called a "funding mechanism" in the Fiscal Code, and the Guv' signed it.

That's how the NIZ was born.

Soon after brokering that deal, Browne's wife, Heather, became a registered lobbyist. She's affiliated with lobbying firm Pugliese Associates. In November, Pugliese welcomed J.B. Reilly's East Penn Realty and Joe Topper's Lehigh Gas as new clients.

Reilly, who is also landlord to both Pugliese and Browne's Senate Office, is the moving force behind Allentown's NIZ, which diverts state taxes and even EIT for other municipalities, including other "urban cores." Topper's Lehigh Gas was the NIZ's first tenant. Topper also just happens to be Senator Browne's 11th largest contributor in his 2010 re-election campaign.

After both J.B Reilly and Joe Topper hired Heather Browne to do their lobbying, Senator Browne - along with Mayor Ed Pawlowski and State Rep. Jennifer Mann - made nine recommendations for the new NIZ board. They're scheduled for confirmation by Allentown City Council on Wednesday night.

I believe the entire board is tainted by Browne's continued involvement in the NIZ because he has a conflict of interest, as defined in the state Ethics Act:

"No public official or public employee shall engage in conduct that constitutes a conflict of interest. A conflict of interest is defined as use 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."

Isn't Browne clearly using the authority of his office for the private pecuniary gain of his wife or Pugliese Associates, a business with which she is associated?

According to Senator Browne, No. In an email he was kind enough to send late yesterday, he explains.

"Thanks for the inquiry pertaining to your recent blog posts about the relationship of NIZ participants JB Reilly and Joe Topper with my spouse’s lobbying firm. As I had stated in the past, I do not participant [sic] in any of my spouse’s professional practice in government affairs. In compliance with the ethics code, she performs her professional duties separate and independent from my role as a state elected official. Any details regarding their business relationship must be provided to you by the lobbying firm and/or their clients. Thank you."

Gee, if I know about J.B. Reilly and Joe Topper's involvement in the NIZ, it's a safe bet Heather Browne does, too. After both Reilly and Topper signed on with Heather's firm, Senator Browne used the authority of his office to make NIZ board nominations, which will be to the financial benefit of Reilly, Topper and Heather.

This is a conflict of interest.

Now the Morning Call has picked up on this story. In a troubling report, the newspaper adds that Heather Browne also happens to be the lobbyist for Vaughn Communications, which is doing all the propaganda for the NIZ.

I missed that one.

I suspect that a frequent commenter on this and other Internet sites, "Future Downtown Arena Attendee," is a Vaughn plant.

Of course, all the players deny any impropriety and claim I'm "archaic," whatever the Hell that means. But as Democracy Rising's Tim Potts tells The Morning Call, "It looks like one hand is washing the other. Legislators ought to have an arm's-length relationship with anyone receiving public money. Why should citizens have to worry about whether a line has been crossed or not?"

I believe that line has already been crossed.

NIZ à Trois: Heather Browne, J.B. Reilly & Joe Topper

We all know that Senator Pat Browne drafted the NIZ legislation that was deceptively inserted the last minute in Governor Ed Rendell's 2009 Fiscal Code Update. In fact, State Rep. Julie Harhart, one of the few who actually knew what was going on, claims that's why she voted against it. House Democrats, anxious to see a budget adopted after a lengthy stalemate, either looked the other way or missed it completely.

Now Senator Browne, along with State Rep. Jennifer Mann and Allentown Mayor Edwin Pawlowski, is one of the Unholy Trinity recommending nine NIZ Board nominees to the Queen City Council on Wednesday night. Amazingly, Mann has recommended herself, too.

Now, I could forgive Browne for sincerely believing, as some do, that the best way to revitalize our urban cores is by corporate welfare, whether it's an outright grant, a KOZ or a NIZ. Never mind that it's always failed. But what's more problematic is that it appears that Senator Browne might be a little more interest in revitalizing his own financial core than that of any city.

A few short months after this NIZ became law, Senator Browne's wife suddenly became a registered lobbyist. I complained about it, and so did Rick Orloski, who was running against Browne at the time.

Now this is completely legal. Senator Jeanette Reibman's husband, Nathan, was a lawyer and lobbyist. So was State Rep Karen Ritter's husband. But the practice of a husband and wife, teaming up as legislator and lobbyist, stinks to high heaven. As Orloski noted at the time,

"Pat and Heather Browne have injected something new into Lehigh Valley politics, namely, the husband and wife team working in the Capitol with Pat Browne receiving public monies and Heather Browne receiving private monies to advance private agendas. Senators are supposed to serve the public good, not private agendas. Maybe the ideal solution is for Pat Browne to relinquish his public position and join his wife's lobbyist firm."

Voters, if they even knew what the hell was going on, thought otherwise and returned Browne to office.

According to Heather Browne's registration statement, last updated through 12/31/10, she's with Pugliese Associates, where her "expertise" in "government relations" and "business development" is lauded.

Guess who Pugliese welcomed as new clients in November?

J.B. Reilly's East Penn Realty and Joe Topper's Lehigh Gas. Reilly just happens to be the main private resource behind the NIZ, and Topper's Lehigh Gas is one of its first tenants.

All very cozy, isn't it?

Now this fails every ethical test - the Red Faced Test, the Laugh Test and my "It's Not Only Unethical - even for lobbyists where the bar is very low - But Also Probably Illegal" Test.

Now she could deny, I suppose, that Reilly and Topper are her clients. But since she runs the Allentown office for Pugliese and they are Allentown clients, that's gonna' be a hard sell.

Incidentally, Pugliese is located at 702 Hamilton Street. Why does that matter? It's where State Senator Pat Browne and Joe Topper are both located, with J. B. Reilly as their landlord. Now all we need is NIZ Board nominee Nelson Diaz as property manager of the building. That would be so cool.

Updated 11:50 PM: In fairness to State Senator Browne, I have asked for his response to this blog. I felt the story needed to be told now.

Senator Browne & The Lobbyist

Not long ago, I questioned whether it is appropriate for State Representative Jennifer Mann to be a "consultant" with an engineering and architectural outfit that does lots of state business. What compounds this problem is that Mann is a member of the "Stimulus Oversight Commission," and the firm for which she consults is involved in several stimulus projects. I was also concerned that a registered lobbyist, who may or may not be dating her, was seeing constituents in her Harrisburg office, a charge that Mann denies.

Isn't all this just asking for trouble?

What about an elected official who is actually married to registered lobbyist? Isn't that asking for trouble, too? Well, State Senator Pat Browne's wife, Heather, has been a registered lobbyist since February.

Ms. Browne lobbies for Alfred Benesch & Company (engineering), McKissack & McKissack (construction and design) and IIRP (rehabilitation for criminal offenders). They are all obviously interested in state business.

Isn't all this just asking for trouble?

Rick Orloski, who is running against Pat Browne, certainly thinks so. I almost wish he weren't, because his own political motivations can certainly be questioned. But he raises a very valid concern. Here's a portion of his own email to Senator Browne.

"Almost a year to the date, a major drama was playing out in the Florida Legislature. Senator Alex Diaz de la Portilla, R- Miami, was named to steer an energy and environmental committee that would address removing the ban on off shore drilling in Florida. His wife, Claudia, was hired as a paid lobbyist to get the State Legislature to remove the ban. The conflict-of-interest was obvious. The de la Portilla household was directly receiving funds from people who wanted the Legislature to vote their way on an important environmental issue. More significantly, there is the psychological solace that spouses give each other. Her success was his success, and if he could further her career by voting her way, it was a win-win for the spousal relationship. Of course, spouses are expected to be there for each other.

"On June 25, 2010, CBS News carried an expose about the family connections between members of Congress and paid lobbyists. See link below. CBS identified 19 federal lobbyist closely related to members of Congress. Considering the there are 100 Senators and 435 members of Congress, that is a surprisingly low number. It appears that most Congressional families chose to avoid this conflict-of-interest.

"As observed by watchdog Craig Holman, the reason why family members are hired as lobbyist is to give money to the Congressman or his family for influence on legislation: 'We're allowing family members of senators and congressmen to be employed at very lucrative salaries by the same corporations that have business pending before Congress,' said Holman. 'It's just an obvious conflict of interest that should not be allowed.'

"As more bluntly observed by Holman: 'They're finding ways to throw money at the feet of the members of Congress, and you do it through the family members,' Holman, the watchdog, said.

"On February 1, 2010, The Pat Browne family decided to jump feet first into this conflict-of-interest minefield.Without public acknowledgment by the Senator -- no press release, no press conference, no photo op -- Heather Browne registered as a lobbyist with the Pennsylvania Department of State. To date, Browne has not addressed how he intends to address this conflict. Silence appears to be his modus operandi.

"First and foremost, let me make this abundantly clear. Heather Browne has an absolute right under the First Amendment to work as a paid lobbyist. As a matter of constitutional law, a spouse cannot be prohibited from functioning as a paid lobbyist. She probably makes more money as a lobbyist than he does as a Senator.The same is not equally true for Senator Browne. He does not have a constitutional right to be State Senator. The first remedy is at the ballot box. The citizens of the 16th senatorial district are clearly at liberty to decide that his wife's chosen profession disqualifies him from being a State Senator.

"On the opposite side of the equation, it is patently obvious that our system would not allow a judge to participate in a case where the judge's spouse has a financial interest either as counsel or party. No one would seriously argue that a judge can put aside the obvious emotional and financial considerations of helping a spouse in litigation and be fair to both sides. In the normal course of business, a judge would recuse himself/herself, or face the sanction of losing the judicial post because the judge participated in a proceeding involving a family member.

"The simple act of recusal is not so easily applied in the Legislative forum. Bills become laws because of relationships that legislators have with each other. Even if Senator Browne took the obvious step of recusing himself from votes that benefit his wife's corporate clients, there sill is the insidious opportunity of other legislators helping Heather Browne on her projects in exchange for Senator Browne helping them on their pet projects. Nota Bene: Senator Browne has not said he will recuse himself in such obvious conflicts.

"Pat and Heather Browne have injected something new into Lehigh Valley politics, namely, the husband and wife team working in the Capitol with Pat Browne receiving public monies and Heather Browne receiving private monies to advance private agendas. Senators are supposed to serve the public good, not private agendas. Maybe the ideal solution is for Pat Browne to relinquish his public position and join his wife's lobbyist firm. That is an option that the voters will have on November 2nd to compel. For too long, Harrisburg has been an insider's game. Employing a spouse to be a lobbyist is 'throwing money at the feet' of a State Senator. Pat Browne ought to join his wife in private practice , not continue functioning as a State Senator."

Ms. Browne is associated with Pugliese Associates. In their bio, they mention many of Heather's achievements, but fail to mention that she just happens to be the wife of a state senator.

Orloski & Browne: A Civil Debate About Marcellus Shale

State Senator Pat Browne and his Democratic opponent, Allentown attorney Rick Orloski, are once again waging an issues-oriented campaign, devoid of the personal insults so common everywhere else. Earlier this year, Brown actually withdrew a challenge to Orloski's nomination petition after an impassioned personal appeal from his opponent. Now these opponents are engaged in a refreshing civil discussion of Marcellus Shale, which could lead to economic prosperity or environmental disaster. I wish they could both serve.

Orloski to Browne:

Republican Senate leaders have previously committed to Governor Rendell to enact a severance tax on Marcellus Shale drillers/producers by October 1st. The deadline is fast approaching, and Republicans appear to be welshing on that commitment.

I understand that your gubernatorial candidate, Tom Corbett, has publicly committed to no tax on Marcellus Shale drillers and producers. In simple terms, he is cprepared to allow out-of-state and foreign companies to come into our state and pipe away our natural resources without any direct financial benefit to the common weal. The taxpayers of the 16th senatorial district ought to know where you stand.

There are only two real options:

1. The taxpayers ought to receive a direct financial benefit from the drilling operations in the form of a substantial "severance tax"; OR

2. The Pennsylvania Legislature will be giving big oil and natural gas industry a gift of our natural resources and allow them to extract the natural gas without any benefit to the citizens of Pennsylvania.

As you should know, no state with substantial natural gas resources just gives it away. Every major gas producing state imposes a severance tax. Governor Rendell has proposed that Pennsylvania follow the West Virginia model, namely, a 5% levy on the value of the natural gas that is sold + a surcharge of 4.7 cents for each 1000 cubic feet of gas produced. Are you prepared to support the West Virginia model for a severance tax?

Needless to say, a severance tax is only the first part of the equation. Pennsylvania needs a new regulatory structure to make sure that the gas is extracted without causing environmental damage. The first part of the equation, however, is a severance tax. I am calling upon you to join with Governor Rendell to support a substantial severance tax so that our taxpayers get tax relief from the depletion of this natural resource.

Senator Browne, where do you stand on this vital financial and environmental issue?

There is a large contingent of Republican ideologues in the State Senate who want to delay the vote with the hope that a newly elected Governor Corbett will veto the severance tax. That is contrary to the earlier commitment and is not in the best interests of the Pennsylvania taxpayers. I call upon you to stand with Governor Rendell and oppose the ideologues in the State Senate who want to give our natural resources away to the oil and natural gas industry with either no tax or a minimalist tax.

Your constituents want to know.

Richard J. Orloski

Browne to Orloski:

Rick:

Thanks for your letter. I along with the rest of the Republican leadership team in the Senate plan to keep our commitments made as part of the 2010-2011 budget negotiations. I am surprised, however, that the only direct benefit you see from the largest energy development opportunity in Pennsylvania in the last one hundred years is revenue from an excise tax. I would argue that the projected 200 thousand jobs to be created by the proper development of the Marcellus play to be a much more significant direct financial benefit to Pennsylvania than the revenue from an excise tax will ever be. Taking such a position is to argue that the only direct financial benefit received from Pennsylvania's powerful legacy of "natural resource" based industry was the checks attached to the steel and coal corporate tax returns.

While we are on commitments, both chambers had also agreed as part of the 2010-2011 budget negotiations to establish an independent fiscal office by the end of the year. Since this office will lead to a better accounting and utilization of the severance tax revenue the commonwealth will generate, I am sure you will bring your advocacy to bear for this initiative as well. All the best,

Pat

Rick Orloski & Jobs

Orloski: Marcellus Shale Could Be Boon Or Disaster

Allentown Attorney Rick Orloski is running for the state senate seat currently held by Pat Browne. He has submitted this informative primer on Marcellus Shale.

Marcellus Shale is potentially a $2 trillion (not billion, but trillion) economic boon to West Virginia, Pennsylvania and New York. It has the potential to make the Mid-Atlantic region second only to Texas in supplying customers with natural gas, a clean burning fossil fuel.

It is the most under-covered political story in the Lehigh Valley both regards to its economic impact, environmental consequences and its ability to fuel the engines of state government.

What is Marcellus Shale?

The Marcellus Shale is a formation of black shale. It is located in Ohio, West Virginia, western, central and northeastern Pennsylvania. It is located underground at various depths and at different thicknesses with a 790 feet dense area located in central Pennsylvania. Non-tradition drilling cannot economically access the natural gas. The existence of natural gas has been known for years. Changes in technology has made drilling for natural gas in Marcellus Shale viable.

New Technology: Horizontal Drilling & Fracturing

A "horizontal well" starts as a traditional vertical well. After reaching the desired depth, new tools are used to curve the well so that the well goes horizontally. The horizontal drilling can proceed thousands of feet. The purpose of horizontal drilling is to create maximum contact with the gas bearing rock formations to release the maximum amount of gas. Horizontal drilling is only part of the equation. It is accompanied by "hydraulic fracturing," meaning pumping water and other chemicals into the well under high pressure to break the gas bearing formations.

Problem With Fracturing

Fracturing requires tremendous volumes of water. Current estimates are that each well may require more than one million gallons of water. Environmentalists worry that "fracturing" exhausts clean water supplies and returns polluted water at the well site. Why pollution? According to the Pennsylvania Department of Environmental Resources, the fracturing process uses up to 80 different chemicals, including Acetic Acid, Boric Acid, Hydrochloric Acid, Titanium Oxide and Xylene to name just a few. The chemicals are added as a friction reducer and a bacteria inhibitor. The problem is that the chemicals have the potential for poisoning our underground water. The subsequent mechanism for disposing the retrieved fluids inserted into the wells creates additional environmental problems.

Severance Tax

Every state that permits natural gas extraction imposes a "severance tax' on the drillers. So far, the Pennsylvania Legislature has let the issue of an appropriate severance tax slide.

"Forced pooling"

The industry has been lobbying for a minimal severance tax. As a condition of paying a severance tax, the gas industry wants a mandate that adjacent owners who refuse to lease their land to drilling be forced to give up their gas to the drillers. "Forced pooling" creates a substantial interference in traditional notions of private property rights.

Utility Status

The drillers/producers are also lobbying to be declared utilities so they can have the right to eminent domain both for drilling purposes and for locating their pipe lines to transport the gas. Again, this concept of private companies clothed with the right of eminent domain clashes with tradition notions of private property rights.

The Jobs Benefits

The Christian Science Monitor reported that Marcellus Shale has the potential for creating 282,000 jobs between 2011 and 2020 in Pennsylvania, West Virginia and New York.. Potential tax fall for Mid-Atlantic area can reach $6 billion in local, state and federal taxes. The economic benefits are real. So are the prospect of an environmental catastrophe reminiscent of the Robber Barons of prior centuries. The next State Senator from the Lehigh Valley will be required to address these significant issues balancing economic benefits against environmental protection. As a State Senator, I will support extending the regulatory power of the Department of Environmental Protection to insure that our environment is not ravaged, that a "fair" severance tax be impose, that "forced pooling" be verboten and that the industry will not be clothed with the right of eminent domain.

Orloski Challenges Browne to Abolish Per Diems

Allentown attorney Rick Orloski, who has his eyes on the seat currently held by State Senator Pat Browne, has challenged the incumbent to join him in seeking to abolish per diem payments made to state legislators. Here's a copy of Orloski's open letter to Browne:

Dear Senator Browne:

On June 16, 2010, Senator Andy Dinniman (D, 19th) and Sen Richard Alloway (R, 33) have introduced legislation to eliminate per diems for State Senators. Per diems have been used as a mechanism for State Senators to increase their annual salary by asking for an unaccounted daily increase currently up to $169.00 for showing up to work.

Between December, 2007 and October, 2009, State Senators paid themselves $774,700.00 in per diems. Later figures are not currently available.. That amount involves 5,560 separate transactions.During that same time, you charged the taxpayers for 155 separate per diem transactions totaling $17,300.00. That is money you charged the Commonwealth on top of your legislator's salary.

The abolition of the per diem system is something that you and I should be able to agree upon so that it will not be an issue in the November election. I hereby request that you disclose to the taxpayers the total amount of per diems that you have received first as a member of the House of Representatives and thereafter as a State Senator. That information ought to be in the public domain. Please facilitate the disclosure.

In addition, I ask on behalf of the taxpayers of the 16th senatorial district that you join with Dinniman & Alloway in mandating the end of the per diem system in the State Senate. I have read reports that there is a handful of State Senators joining with them, but I could not find anything suggesting that you are one of them.

Finally, as a demonstration of your real commitment to saving taxpayers money, I request that you should refuse to participate in the per diem system and not take any further per diems.

If I missed your press release announcing your support for Dinniman-Alloway, my congratulations. As Senator Dinniman said: "I refused to take per diems because I thought they were wrong. I believe one way you can create change is by refusing to participate in what you feel is wrong." Stop the illegal de facto pay raises using per diems. You should not be paid extra for showing up to work.

Fighting for the taxpayers,
Richard J. Orloski
Democratic nominee, 16th senatorial district
Allentown, PA 18104

Orloski To Remain on Ballot For State Senate

Four years ago, Allentown lawyer Rick Orloski and State Senator Pat Browne squared off in the state senate race. Pat come out on top, but I was very impressed by the good will that both of them had for each other, along with their humility. They are both class acts who seemed to have a genuine regard for each other.

This year, Rick is challenging Pat again, and I was really looking forward to their dialogues. Ideologically, they are much different, but it's so refreshing to see candidates who can actually be nice to each other.

Unfortunately, a Pat Browne proxy challenged Rick's nomination petition. Had that succeeded, there would be no race at all. There would be no dialogue. Voters would be denied a choice.

On Monday, I told you about an email that Orloski had sent to Browne over the weekend, asking him to reconsider his challenge. Rick's best argument? "Elections are for voters, not judges." It was a powerful message.

I doubt I'll ever know whether Orloski's email had the same impact on Browne that it had on me. I can't really call him at his Senate office to discuss politics or the Attorney General will arrest both of us and throw away the key. But I'd like to think that Pat was moved by Rick's email. What I do know is that, late yesterday afternoon, Browne's proxies withdrew their challenge to Rick's nomination petition.

They did the right thing.

I spoke with Rick late this afternoon, and he told me it's really unfortunate to see so many nomination challenges this year. "Politicians are taking elections out of the hands of the people and putting them in the hands of judges." Judges don't like it, either. One Commonwealth Court judge, who shall remain nameless, complained "We're overwhelmed. We need to work on other cases."

Rick credited his legal team, the Allentown law firm of Crosslis & Brennan, for their work on his behalf. That firm also represented Mike Horton, the state rep candidate who was tailed by a Karen Beyer PI. Tim Brennan, one of these legal eagles, was reluctant to discuss details of either case, and instead told me he's doing a lot of Equine law these days.

Equine law? Well, his experience in these nomination challenges definitely exposed him to few horses' asses, including me.

Rick Orloski: Elections Are For Voters, Not Judges

Always a bridesmaid, never a bride.

Allentown lawyer Rick Orloski has waged campaigns for Congress, state Attorney General, state treasurer and state senate. Having heard him debate State Senator Pat Browne four years ago, I really have to wonder why he's never won. He is personable, downright funny and really cares about his community.

Dragged into a challenge against Pat Browne late this year, he is willing to give voters a choice, something we should have in a democracy.

Pat Browne is challenging Orloski's signatures, hoping to avoid the cost of an election this Fall. But is it really fair to leave voters with no choice at all?

Orloski copied me on an email he sent to Senator Browne this weekend, and I am sharing it with the rest of you.

Dear Pat--

Elections are for voters, not judges

As you are aware, I am the only Democrat currently on the ballot for the State Senate from the 16 district. Democracy is messy. You do not own the State Senate seat. The electorate gave it to you for four years. The four year term is almost up. Elections make you accountable to the people. The people should determine the State Senator from the 16th district by their ballot for the 2011-2014 term. It's antithetical to democracy for judges to be issuing Orders prohibiting voters from having their say. I am calling upon you to direct Donald Hunsicker [2409 S 19th St, Allentown]and Mr and Mrs. Joseph D'Annibale [202 S Jane St, Allentown] to withdraw their ballot challenges to my Nominating Petitions.

It's a matter of ethics

As I am sure you also know, it is illegal for you as a Republican to file a Nomination Challenge to a Democrat. Given that reality, the ethical question is whether or not you can do indirectly what you cannot do directly. My investigation reveals that the three Objectors are not the real party in interest in the Nomination Challenges. They simply do not have the resources to finance the exhaustive legal challenge being waged. If you cannot file a nomination challenge directly, can you do it indirectly and arrange for straw parties to do it for you? The answer seems obvious. Again, I call upon you to do the ethical thing and direct the straw parties to withdraw the Nomination challenge.

Fatal defect in your challenge

By now, I am sure you heard about the conference call with the Commonwealth Court Judge, where Attorney Tim Brennan of Croslis and Brennan was representing me. There is a major defect in the challenge. Your Objectors never served the Secretary of the Commonwealth with the challenge, creating a jurisdictional defect mandating the dismissal of the challenge. Given this jurisdictional defect, I am again asking you to do the ethical thing and direct your Objectors to withdraw the challenge.

The Merits of the Challenge

The Petition filed by your Objectors concedes that I have 829 signatures. Your Objectors attached eight exhibits as follows:

Exhibit B 30 signatures;
Exhibit C 107 signatures;
Exhibit D 66 signatures;
Exhibit F 16 signatures;
Exhibit G 30 signatures;
Exhibit H 4 signatures; and
Exhibit I 42 signatures.

TOTAL: 295.

Even assuming arguendo, that you won all of the challenges in your exhibits, I would still have 534 registered Democratic voters asking the Secretary of the Commonwealth to put me on the ballot. Is it ethical for you to ask the Court to give you a free ride in an election when you know that, under your Objector's Petition, 534 registered Democrats want me on the ballot? Again, I ask you to do the ethical thing and direct your Objectors to withdraw the challenge.

Your Exhibits B thru I are wrong... at best, only 159 bad signatures

Counsel for the Objectors and I spent six hours in the Lehigh County Election Bureau going over the Objector's Exhibits. Kindly check with him. He conceded numerous errors in the Exhibits. By my count, you have not found 295 bad signatures. At best, you have 155 and some of those are arguable. 165 MINUS 829 = 665. Is it ethical for you to ask the Court of give you a free ride in an election where 665 registered Democrats want me on the ballot?

Read Buckley vs, Valeo, 424 U.S. 1

In order to get out of the box that the Objector's Exhibits put you in, the Objectors allege certain facts to try to strike valid signatures. Fortunately for democratic theory, the Supreme Court of the United States held in Buckley that such objections are unconstitutional under the First and Fourteen Amendments.

In this country, voters, not judges, decide elections.

Time to do the right thing ... and let the voters decide

As Winston Churchill observed, democracy is messy. It's time for you to accept the fact that State Senators are elected by voters, not anointed by judges. Do the right thing. Tell your Objectors to withdraw their challenges. The lawyer failed to serve the Secretary of the Commonwealth on time. The challenge is dead. Your Petition agrees that I have 500+ signatures. The challenge is dead. The First and Fourteenth Amendments support the inclusion of candidates on the ballot. Do you really want me filing a Complaint in Federal Court to enjoin this unconstitutional challenge. Do the right thing.

Democratically yours,

Richard J. Orloski

Orloski v. Browne Redux?

Allentown attorney Rick Orloski, known for his eight unsuccessful attempts at elected office, is circulating a petition to run against State Senator Pat Browne.

State Senator Browne, County & City Leaders Support Suffering Hamilton Street Merchants

"I came here interested, but leave here passionate."

That's how Jeanette Eichenwald, Allentown City Council candidate, reacted after hearing how merchants and bus passengers have suffered from LANTA's recent elimination of bus service along portions of Hamilton Street. She had good reason.

Last night, local leaders listened as twenty-two bus riders and small business owners, the "have nots," told their story at Allentown's Faith Baptist Church. James Blawn, a bus rider in his seventies: "I walk 5 1/2 blocks, one way, to catch a bus." Jenny Lim Chen, whose family owns and operates the House of Chen, sadly and quietly reports they've dropped their health insurance. Bibi Hazra, from the Loco Dollar Store, burst into tears as she told about being assaulted yesterday by one of her suppliers. She owes him $200, but only had $20 in her cash drawer. He started to choke her until people began calling for police. Jim, a wheelchair bound bus passenger, saw it happen. And he was at the church last night, too. "I won't knock progress until it stops someone else's progress." Barbadel Campbell, the eloquent septuagenarian whose letter to the editor was recently published in The Morning Call, asked, "How could this happen?" She noted there was no prior discussion with passengers or merchants, and that even most bus drivers knew nothing before the changes imposed by LANTA's top heavy management. This twenty-five year center city resident can no longer shop along Hamilton Street "because carrying the shopping bags on foot is a pain." She wonders whether this is a plot to rid the city of its low-income, and mostly minority, businesses, in favor of upscale ventures for the beautiful people, like $40 Halloween dinner bargains.

Barbadel has reason to wonder. Allentown Mayor Ed Pawlowski, through his information minister, refuses to help. "It's a transportation issue. Nothing was done to affect the businesses. We're trying to improve transportation." Pawlowski even thumbed his nose at Lázaro Fuentes, who chairs the Lehigh Valley Hispanic Chamber of Commerce.

LANTA is just as bad. BiBi and Jenny called several times in early October. Nothing. I tried contacting executive director Armando Greco on October 9, as well as all members its board. Nothing. Channel 69 reporters tried to contact LANTA yesterday. Nothing.

So what's LANTA doing? Rather than respond to this suffering, its bureaucrats are incredibly combing through an eighteen hundred signature petition submitted a month ago, looking for duplicate signatures.

But as of last night, Hamilton Street merchants and bus passengers have reason for hope. Lehigh Valley leaders have responded! And so has the media.

Allentown City Candidates Respond

Four out of five Allentown city council candidates are firmly on Jenny and Bibi's side. Jeanette Eichenwald, along with her husband, were obviously moved when BiBi broke into tears. Former Lehigh County exec Dave Bausch will push to have one stop restored. Mike Donovan, in a written statement to Mike Molovinsky, believes LANTA failed to involve enough people before eliminating these stops. "When the appropriate parties are not involved, we have disappointment, lack of trust, and a loss of community." Finally, a statement from Robert E Smith demands that stops be restored. "We need leadership that represents all the people, not just politicians and wealthy elitists who want to keep those people off Hamilton street."

Controller candidate Michael Schware noted that what has happened sends a "dangerous signal" to business. "We may want you here today, but not tomorrow."

The only city council candidate who failed to appear or present a statement? Peter Schweyer, who just happens to sit on the LANTA board. Some of Hamilton Street's minority-owned merchants feel they are being discriminated against, but he told me in an October 3 email that these concerns are "laughable and frankly quite bizarre." I hope these merchants remember Schweyer when they vote.

Current Allentown city councilman Tony Phillips also stopped by, and told the crowd, "These things don't happen without the administration being involved. The only ones who were not involved in this decision were you."

Other Local Leaders Lend Their Support

In addition to city leaders, Lehigh County Commissioner candidates Dean Browning and Roger Reis added their support. Browning, bean counter extraordinaire, told merchants that LANTA relies heavily on public funds, and that merchants should make their concerns known at those funding sources. Reis echoed Browning, adding that commissioners could write letters.

Last night's biggest surprise was Ellen Millard-Kern, who just happens to be State Senator Pat Browne's chief of staff. His Allentown office, incidentally, is located smack dab in the middle of this Hamilton Street mess. He is inundated with complaints from passengers and merchants. So Pat Browne has already sent his own letter to LANTA. That's going to be a little harder to ignore. Here's part of it.

I am writing on behalf of three separate and distinct constituencies who do not like the recent change in the bus schedules. Specifically, I have received petitions with hundreds of signatures from LANTA riders requesting a restoration of bus service to Hamilton Street. In addition, I have been contacted by Hamilton Street merchants who are experiencing "precipitous" declines in business. Finally, the disabled community has expressed concerns that their ability to access stores, other Hamilton Street amenities and educational opportunities has been greatly reduced if not altogether curtailed.

. . . I sincerely request that you consider developing an alternate route plan to address these concerns and make considered reasonable accommodations as warranted.

Media Support

A show of support from Lehigh Valley leaders is great, but the media has also cast a public spotlight on the plight of Hamilton Street's minority merchants and senior bus riders. It was Channel 69's top story on last night's 10 o'clock news. El Torero, a Spanish-language Allentown weekly, this morning published a full-page story, complete with a photograph of an empty Hamilton Street, as buses whiz by without stopping.

Next Step

LANTA'S next board meeting is November 13. If Allentown's mayor and LANTA's management continue to snub the "have nots," they will soon have an opportunity to meet them face to face.

As wheelchair-bound Jim told me late last night, "There are more of us, and we aren't going away."

Senator Browne, Listed as Bennett Donor, Asks Rendell to Pull State Funding

State senator Pat Browne is complaining to Rendell about Sam Bennett's questionable $110 thousand salary. He wants it stopped until someone reviews "compensation practices" at Properties of Merit.

But guess what?

Browne himself is listed as a sponsor on POM's web page. He's a "Foundation Partner," i.e., someone who's kicked in $10,000 or more.

Maybe he should write a letter to himself, too.

In the meantime, The Morning Call is being attacked by Allentown business owner Bill Thompson as a collection of "Woodward and Bernstein wannabes [who] look under every bed in the hopes of finding an 'anything-gate.' " And Sue Souerwine claims, in a sour whine, that we're just picking on girls. "[T]here are still those who think it is appropriate for women to work for less than their talents demand."

Yeah, and there are also those who irrationally scream sexism at every turn. And those who sneer at a reporter who does a bit of investigative reporting.

Update: Incidentally, both Bill Thompson and Sue Souerwine are proud members of the Lehigh County Democratic Committee.

Election Day Rundown for Lehigh Valley Voters - Boscola, Browne & Wonderling Will Retain State Senate Seats

This is the second election day rundown promised for Lehigh Valley voters, covering our gerrymandered state senate seats. There will be a third post for contested state rep. races and the Lehigh County referendum question.

State Senate Races - Boscola, Browne & Wonderling will win.

18th Pa. Senatorial District: This district is a crescent that includes portions of Lehigh, Northampton and Monroe counties. Incumbent Lisa M. Boscola faces reformer Bonnie L. Dodge.

Bonnie, a devout Christian, will quietly tell me she cannot apologize for her strong religious convictions when I start lamenting her constant references to the Heavenly Father. I am suspicious of religious politicians, but perhaps that's my problem. If you can get past her religious tenor, she's a sincere and hard-working woman with a reform agenda. She belongs in government. She's hit Lisa hard on the issues, but never was personal. I'd like to see more strong women in government. And that's the problem. Incumbent Lisa Boscola and Bonnie Dodge are mirror images. Boscola has been a staunch advocate for property tax reform. She's refused payraises, and thumbed her noses at party bosses more than once. Although I wish Lisa was a bit more liberal, her views are in line with those of most Pennsylvanians. She will crush Bonnie Dodge, and I'll be voting for her, too. I just hope Bonnie tries again. Despite her conservative views, she's an advocate of good government, and we need as many of those as we can get.

The Morning Call and Express-Times both endorse Boscola.

16th Pa. Senatorial District: This is another gerrymandered district made up of bits and pieces from Lehigh, Northampton and Monroe counties. Rick Orloski is trying to unseat incumbent Pat Browne.

In a world of negative and misleading campaigns, these are two class acts. Orloski, uncharacteristically quiet for a seasoned trial lawyer, has a terrific sense of humor. And Browne, despite his legal and accounting background and prior experience as a state rep., is surprisingly modest. They are both gentlemen and what you see is what you get. Orloski is an unabashed liberal while Browne is moderately conservative. Orloski proposes conversion of Pennsylvania clean coal into alternative fuels, and is promoting a Lehigh Valley medical school. His problem? He's run for office so many times he's become our local Man of La Mancha, tilting at Lehigh Valley Windmills. For that reason, he'll lose. I'd still vote for him.

The Morning Call has endorsed Pat Browne.

24th Pa. Senatorial District: Third Lehigh Valley Senate seat. Third gerrymandered district. This is a jigsaw of Lehigh, Northampton and Bucks counties. Democrat Dave Wilsey, a Quakertown Borough councilman, is pitted against incumbent Robert C. Wonderling. Wilsey has yawned his way through the race, hasn't spent a dime and certainly is an unknown in the Lehigh Valley. He has devoted so little attention to this race he couldn't be bothered to sign on to a proposal to strengthen our Sunshine Act and Right to Know Law. Wonderling will trounce Wilsey, who has done nothing to earn anyone's vote. "Vote for me. I'm not a Republican." That's not enough.

What really apples me is that Wonderling is a poster boy for the Lehigh Valley partnership, but the blue collar party has come up with only token resistance. Something is wrong there.

Wonderling is endorsed by The Express Times and Morning Call.

Dent Demolishes Dertinger in Slatebelt Slaughter

I may be a Dem but I've got to be honest. It wasn't pretty. And it wasn't close. On Wednesday night, Congressman Charlie Dent totally destroyed challenger Charles Dertinger during a debate sponsored by the Pen Argyl Area Concerned Citizens at the Lookout Fire Hall.

Before a group of about forty slate belt residents, Dent moved smoothly from issue to issue, displaying a disarming casual manner combined with an impressing command of facts. Although Dertinger himself is no slouch, he simply was no match for Dent. Fortunately for Dertinger, this debate was not televised. I don't think a reporter was in sight. For that, Dertinger can thank his lucky stars. He should not complain too loudly about Dent skipping out on the LVLWV debate. Dertinger is AAA with potential, but Dent is definitely in the show.

It was a terrific evening for the spectators. Each candidate was permitted to make a brief opening statement. After that, a three member panel posed challenging questions, followed by inquiries from the public. After we all had our say, candidates were allowed to cross-examine each other.

There were actually three debates last night. Let me briefly describe them.

1) 15th Congressional District candidates: Charles M. Dertinger (D), Charles W. Dent (R) and Greta Browne (Green):- Dent Wins!

Although I've told you that Dent convincingly won this debate, it's not because I agree with his slightly conservative positions. He explained his negative campaign tactics by saying Dertinger had attempted to link him to convicted lobbyist Abramoff, a person Dent has never met. "One who throws stones should not live in a glass house." He also stressed that, like it or not, corruption has become an issue nationwide.

When questioned about Iraq, Dent responded there's a "right way and wrong way to leave." He opposes immediate withdrawal because that would make the world a far less secure place. Dertinger also opposes immediate withdrawal. "We can't just walk away." But Dertinger would also push hard for Rumsfeld's resignation.

Neither candidate was thrilled about impeaching Bush. Dertinger thought it was mean-spirited and Dent noted that impeaching a president in wartime would send the wrong message to our enemies. (I've got the best reason - if we impeach Bush, we get Darth Vader.)

The biggest surprise to me was Dent's enthusiasm about solving our energy crisis. He's all for using every available source of energy we've got, from fossil fuels to renewable energy sources. He is a staunch advocate of hydrogen as an alternative (and cleaner burning) fuel source, and actually wants to convert I-78 into a "hydrogen highway." Is this hot air?

While Dent remained calm, Dertinger was unhinged a few times tonight. When questioned by Ron Angle about a county council vote, he lost his cool. "It's always great to have Ron ponificate on the issue of responsibility." From there, he started deteriorating further until the moderator stopped and reminded him we had all agreed to ask tough questions but remain polite. Dertinger also made the mistake of stating he had been "dragged into this race," and Dent wanted to know who "dragged you in. Sounds like you didn't want to do it. I'm here because I want to be here." At the end of the debate, Dertinger accused Dent of reading prepared answers from a script even though it was plain to all that the responses were extemporaneous. Dent just happens to know a lot, and Dertinger was grasping for straws.

2) 16th State Senatorial District candidates: Richard Orloski (D) and Pat Browne (R): - Orloski Wins!

Although they are both very cordial and unassuming, Rick Orloski was a pleasant surprise. He believes a LV medical school will bring us 450 quality jobs and improve our health care. He also proposes lobby reform, cutting the size of our legislature, and passionately defended unions when a right to work advocate, i.e. union buster, began complaining. He's an old pro at running for office. Will somebody please elect him? He laughed at himself throughout the night and was quite charming. I really regret that until last night, I never heard Orloski. He has terrific ideas and really cares about the community. Rick gets the edge on this one.

3) 18th State Senatorial District candidates: Lisa Boscola (D) and Bonnie Dodge (R): - Dodge Wins! (by default)

On Labor Day, Lisa Boscola personally committed to appear at last night's debate. But late yesterday, her office called the organizers and explained she had a scheduling conflict and would be unable to appear. This is the second debate she canceled this week. As an incumbent with tremendous name recognition and money, she apparently does not want to give her opponent, Bonnie Dodge, any visibility.

As much as I understand the political tactics, I believe Boscola's absence was insulting to the Pen Argyl Area Concerned Citizens and those of us who came to listen. She apparently will do her talking through scripted campaign ads funded by her $200 thousand warchest. This enabled Dodge to tell us, "I want to earn the seat. I don't want to buy it."

Although Bonnie Dodge is a right wing conservative, I don't doubt her sincerity and think her campaign is a breath of fresh air. Lisa is still the better candidate for someone with my views, but she disappointed tonight.

The biggest winners tonight? Us. It was a marvelous display of democracy in action, and I left the place feeling good about this country. That lasted until I got home and checked the bills.