Should NorCo Post County Candidate Expense Reports Online?

When he was NorCo Executive, John Stoffa instructed elections officials to post all campaign finance reports online. They did so for one or two election cycles, then stopped. It was simply too much work to post the finance reports filed for every municipality in the county. But Northampton County could do what Lehigh has been doing since 2009. It could post the campaign finance reports filed by candidates for county office. This would include County Council, Controller, Executive and District Attorney. 

These finance reports can often be the canary in the coalmine, warning of impending corruption. 

Northampton County Council actually killed all thoughts of  online campaign finance disclosure in 2008. Then Council member Charles Dertinger worried that some "little citizen group" might actually get together and challenge campaign finances, keeping a candidate in court instead of letting him campaign. "This is over the top," he concluded.  No "little citizen group" has risen in Lehigh to challenge finance reports since 2009.  Hopefully, Dertinger is less suspicious of the people now. 

I challenged campaign finance reports filed by disgraced former Allentown Mayor Edwin "Fed Ed" Pawlowski on three separate occasions. I was correct every time.

The canary in the coalmine was sending an alarm. 

Over the past election cycle, I posted the finance reports for some key Lehigh Valley races. A few alarms were sounded over the money poured into Ken Greene's race for Easton City Council as well as the big spenders in Steve Baratta's race for DA. This drew quite a bit of interest, if my blog analytics are any indication. People really do care about who is funding a campaign. It helps them discern where a candidate lands on different issues. 

These reports can be a canary in a coal mine or a good sign as well. For example, in the Allentown City Council races, it was nice to know which candidates were financed by the FOP. It's also good to see who gets a lot of grass roots support in the form of smaller contributions. 

Bethlehem, Allentown and Lehigh County all post finance reports online as a matter of transparency. Isn't it time that Northampton County do so as wel?

NBC10 Investigates Schlossberg Ghost Voting

NBC10 has done an investigative report on State Reo. Mike "Darth Voter" Schlossberg's vote for an absent colleague, in violation of House rules. Schlossberg attempted to minimize the practice when confronted by Channel69, claiming he needed to ghost vote to deal with evil "tea party extremists." But NBC10 discovered that the House member for whom Darth Voter was votng had mysteriously voted four other times that day, even though he was absent. Barry Kauffman, who heads Common Cause in Pa., said this practice creates government cynicism. "What this really comes down to is government integrity."

The Schlossberg perp walk on camera is priceless.

State Auditor Gen'l: Using Campaign Funds For Lawyers Should Be Illegal

Calling our arcane state campaign finance laws a "joke," State Auditor General Eugene DePasquale said they need to be reformed to impose contributions limits and bar the use of campaign funds to pay lawyers. Currently, at least three elected officials are using campaign funds to pay for lawyers. The include U.S. Congressman Chaka Fattah, Attorney General Kathleen Kane and Allentown Mayor Edwin Pawlowski.

Pa. State and Local Campaigns: How to Follow the Money

A reader emailed me yesterday, asking where he can go to look at campaign finance reports. Though many of you know this like the back of your hand, I think it's safe to say that there are just as many who do not. At one time, we could count on periodic reports about campaign finance in the newspaper, but those days are gone. This is a new era of participatory journalism. If we can maximize the number of eyes looking at these reports, we can learn things that even the most jaded beat reporter might miss.

Filing Deadlines

It first helps to know helps to know when reports are due. For state and local candidates, the Pa. Department of State lists all the report due dates here. These basically consist of the pre-primary (4/15/16), post-primary (5/26/16), pre-election (10/28/16), post-election (12/8/16) and annual report (1/31/17). Some statewide row office candidates must also file sixth Tuesday pre-election and pre-primary reports.

For federal candidates, the FEC filing dates for 2016 are listed here. Presidential candidates must file monthly reports. Other federal candidates are required to file an April quarterly (4/15/16), July quarterly (7/15/16), October quarterly (10/15/16), Pre-election (10/27/16), Post-election (12/8/16) and year-end report (1/31/17).

On all levels, candidates are required to disclose donations made in the closing days of an election. This is something Northampton County candidates failed to do until a bottom-feeding blogger began complaining about it several years ago.

Federal Reports All Online

Federal reports are all online.at the FEC webpage ... Eventually. Senate candidates must file paper reports with the Secretary of Senate, and that can slow things down, especially for candidates who are afraid to reveal what is going on. I'm beginning to think I'll see peace in the Middle East befroe Allentown Mayor Edwin "Fed Ed" Pawlowski's Year-End report ever appears online. But other candidates are more or less required to file electronically, which dramatically increases transparency.

State and Local Campaign Finance Reports

Candidates for state office (this includes state representatives and judges) must file campaign finance reports with the state Bureau of Elections and in their County of residence. The copies filed with the County elections office are often called courtesy copies, but Pennsylvania's election laws require that they be filed both on the state and county level, where the candidate resides. So Governor Wolf, who lives in York County, must file finance reports with the state and there.

Pennsylvania has an excellent online database of campaign finance reports, from the present and all the way back to the Year 2000. But most candidates file paper reports instead of electronic reports, resulting in a lag from the due date until the report actually appears.

Electronic Reports 

I've been ripping State Rep. Mike Schlossberg's campaign finances in recent days. But if truth be told, his is one of the few annual reports available for inspection. Most legislators file paper reports, knowing it won't be available for weeks.

Aside from Schlossberg, the other LV legislators who appear to file electronically are State Senator Pat Browne and State Representatives Justin Simmons, Dan McNeill, Ryan Mackenzie and Steve Samuelson.

Samuelson, incidentally, raised a grand total of $400 in 2015.

He must be worried about opposition.

State Senators Mario Scavello and Lisa Boscola and State Representatives Pete Schweyer, Marcia Hahn, Joe Emrick, Julie Harhart and Gary Day are less transparent and filed paper reports.

You'll just have to hurry up and wait.

A Watchdog report from 2013 excoriated this practice, which both denies public access and actually costs the state over $100,000 in each finance period to hire contract vendors to enter the data electronically.

Legislators may beat their chests and piously announce that the system needs to change.Yet they continue filing paper reports. It is time for our local legislators at least to set an example and start filing electronically.

What about those local reports?

State law does not require candidates seeking local office to file campaign finance reports with the state. But any candidate who raises or spends $250 or more in an election is required to file all the campaign finance reports I described above. These reports are filed with the County elections office, and are available for public inspection during regular business hours. There is no need to file a Right-to-Know, although the records must be inspected in front of elections officials to prevent anyone from tampering.

For those of you who work for a living, this is the same thing as no access at all.

For a time, Northampton County elections officials scanned and uploaded campaign finance reports for all local offices on the County website, but the project was too time-consuming and the practice ceased several years ago.

In Lehigh County, campaign finance reports for county offices only are loaded online and may be reviewed here. This modest reform was proposed by then Commissioner Dean Browning in 2009 and was passed unanimously.

In Bethlehem, then Council member Bob Donchez proposed the same thing in 2011, and his proposal was also adopted unanimously. You can see finance reports for all Bethlehem candidates here.As a bonus, they also include the Statements of Financial Interest that must be filed each year by elected officials.

Allentown has also been loading campaign finance reports for city offices online since 2010, and they can be viewed here.This was the result of some good government initiatives considered by the late Michael Donovan, Jeanette Eichenwald and former City Council President Michael D'Amore.

Lehigh County's online reports are excellently organized and uploaded in a timely fashion. In Bethlehem and Allentown, it's more hit or miss.Some reports are completely missing while others are actually the wrong reports. But they show an attempt to be transparent.

Geoff Brace is pushing a fresh look at campaign finance in Lehigh County, and I commend him for it. But as you can see, true reform must come from Harrisburg legislators, 2/3 of whom who mostly don't want you to follow the money, unless it is raised by an opponent.

To succeed, statewide campaign finance reforms should start very incrementally. Requiring all state reports to be electronically filed would be a start. The system is set up for that now, and would actually save money. A statewide database for all reports, both state and local, would be a logical next step.

Lehigh County Comm'r Geoff Brace's Campaign Finance Reform Outline

Below is an outline of the campaign finance proposal that Lehigh County Comm'r is asking the Law Department to review. Once it has been vetted, a Bill can be prepared. One concern raised by Commissioners is that this reform will help independently wealthy candidates to the detriment of those who do not own a paint company.

I am something of a student of campaign finance, and believe that for any reform to work, it has to come from the state. Currently, the fines for non-filing or filing late are laughable. They should be increased dramatically. Moreover, reports should be audited much more frequently. Finally, candidates who fail to follow the campaign finance laws in reporting, by failing to fill in addresses and names of employers or who attempt to deprive the public of knowledge of their spending, should be heavily fined.

The fines imosed in this reform are the same nonsense that currently exists on the state level.

Policy Goal

To restore citizen confidence and trust in County of Lehigh elected officials.  

• Objective: minimize threat of real and perceived quid pro quo campaign contributions

• Objective: limit financial influence of candidate committees, political action committees and individuals in campaigns for Lehigh County office

• Objective: increase transparency in campaign contributions which currently allude timely disclosure to the public

Summary of proposal

An ordinance (County of Lehigh Campaign Finance Reform) establishing additional campaign finance reporting and campaign contribution limits.

Offices impacted

All elected offices in County of Lehigh, including Executive, Commissioners, Controller, District Attorney, Sherriff, Clerk of Judicial Records, Coroner, Judge of Court of Common Pleas, Judge of District Court.

Reference materials

See LSR (2015-404) dated October 1, 2015, which includes and references a memo titled "Campaign Finance Research" dated March 13, 2009.  Also helpful to reference Pennsylvania Elections Code.  

Campaign Reporting

Objective: increase transparency in campaign contributions which currently allude timely disclosure to the public

• Timing of reports: Current reporting includes the following:

• 2nd Friday Pre-primary/election

• 30 day post primary/election

• 24 hour reporting

• Annual Report

• Termination

• Proposed new reporting: 6th Tuesday pre-primary/election report.  This is currently required of state candidates.  Would help to increase transparency in campaign finance reporting for candidates seeking Lehigh County office.

Contribution Limits

Objectives: minimize threat of real and perceived quid pro quo campaign contributions; limit financial influence of candidate committees, political action committees and individuals in campaigns for Lehigh County office

• Establish maximum contributions to candidates and candidate authorized committee per cycle (note: cycle is a primary or general election, meaning an individual can contribute the maximum in the primary and again the maximum in the general)

• Individual limit:$1,000 per cycle

• Political Action Committee limit: $1,000

• Other candidate committee limit: $1,000

• Political Party Limit: $1,000

• Value of money and in-kind contributions may not exceed $1,000 

• Non-election years: contribution made to a candidate or candidate committee must conform to the federal limits process

• The responsibility to disclose contribution limits shall be the responsibility of the candidate and/or candidate committee (whoever is receiving the contribution).  Penalties for receiving the contribution shall be borne by the candidate.    

• Independent financing triggers: in the event a candidate for a particular race self-finances a campaign exceeds certain thresholds, the following adjustments will be made to the limits for all other candidates also seeking the same office:

Source	Self-Financing in excess of $5,000	Self-Financing in excess of $10,000	Self-Financing in excess of $20,000
Individual Limit	$1,500	$2,000	All contribution limits removed
Political Action Committee Limit	$1,500	$2,000	All contribution limits removed
Other candidate committee limit	$1,500	$2,000	All contribution limits removed
Political Part Limit	$1,500	$2,000	All contribution limits removed
Value In-kind contribution limit	$1,500	$2,000	All contribution limits removed

Outside Political Action Committee Reporting

Objective: increase transparency in campaign contributions which currently allude timely disclosure to the public

• Any Political Action Committee or candidate committee which contributes an aggregate of $250 in a year to a candidate or candidate's committee for offices affected during a cycle or non-cycle must file a report with County at same time as a candidate or candidate committee.  This specific provision would apply to such bodies which are required to file reports with the Department of State and specifically require the report also be submitted to the Lehigh County Voter Registration Office.

• Report must conform to candidate or candidate committee reports, disclosing same information

• Burden of notifying contributors shall fall on the candidate or candidate committee receiving the contribution

• Failure to report shall subject the contributing PAC or candidate committee to the same penalties a candidate or candidate committee for office of Lehigh County would face for failure to meet reporting requirements 

Penalties

The Pennsylvania Election Code already lays out penalties for failure to meet reporting requirements (section 1632) and vests the responsibilities for supervision with the Election Board.  For current purposes, this proposal will utilize state Election Code penalties (though I am open to stronger penalties include:

• Fines: $10/day, maximum of $250

• Inability to take office and assume its duties

Responsibility

The Lehigh County Board of Elections shall be responsible for continuing supervision of these elections in Lehigh County.  

Willie Reynolds Doth Protest Too Much

Willie Reynolds

Willie Reynolds is the Bethlehem City Council President who chaired a supposedly public hearing on Tuesday night concerning the City's proposed rezoning of the 53-acre Martin Tower tract. At a night that was supposed to be for the public, Reynolds allowed Planning Director Darlene Heller to expound on the virtues of a proposed Mixed Use (more like Mixed Up) Ordinance for 2 hours and fifteen minutes. It was nearly three hours before the public, which in this case consisted of many Christmas City shopkeepers, were allowed to speak. For five minutes. He became very indignant when Hotel Bethlehem managing partner Bruce Haines suggested that he and Mike Recchiuti should recuse themselves in this matter because of the money they both received from Martin Towers developers Lew Ronca and Norton Herrick. He threatened to cut anyone off who dared raise the issue again, and attempted to minimized his own role in this matter. I have researched this matter and, if anything, Haines was too kind to Willie. While only he knows if there is any quid pro quo, there's enough of a stench from all the money that he and Recchiuti received to raise eyebrows. To avoid the appearance of impropriety, both should step down.

Just a little over a year ago, Council member Karen Dolan (she now calls herself K Dierdre Dolan) was forced to resign over conflicts of interest that were so blatant that they really were crimes. Before that happened, Bethlehem watchdog Steve Antalics peppered Council members at meeting after meeting with the latest revelations about her abuse of office. Council always responded with stony silence.

But Reynolds dropped that act on Tuesday night when his own ethics were called into question. He eventually cut Haines off, refused to let him respond and launched a bizarre diatribe that included an attack on Mayor Bob Donchez, coupled with a demand that Donchez defend him. He threatened that he would stop any additional speaker who dares to question his integrity "because we all love Bethlehem." He also tried to minimize his own role, noting that the City, and not he, proposed a new zoning ordinance.

Reynolds is full of shit. Campaign contributions from developers Ronca and Herrick came on February 13, February 26 and May 18. They did not magically appear out of thin air. Norton Herrick did not give him $2,000 to ride one of his thoroughbreds. A review of Reynolds' campaign finance makes very clear that 24% of the money he raised came from the Martin Tower developers or the unions who will be doing the work at the site because a CRIZ project requires prevailing wage. In Michael Recchiuti's case, it's even more, at 29% of his total funding.

For those of you wondering why the sole supporter of this Mixed Up ordinance is a Bethlehem Democratic official, now you know.

As for Reynolds's claim that he had little to do with this ordinance, the July 9 minutes of the Planning Commission tell a different story. He was there to promote the developers, earning the legal bribe he was paid. He slammed planners for being "nit-picky" about little things like a third downtown, and said the City needs to find ways to say "Yes." He slammed Mayor Donchez and DCED Director Alicia Karner for not being at the meeting to push for the zoning changes, even though Planning Director Darlene Heller told him she had never seen a Mayor or DCED Director interfere with the Planning Commission, as Reynolds was doing.

Now there's no proof that Reynolds accept $7,500 in exchange for his support of the Martin Tower project. If that kind of proof existed, he'd be in jail. But it was a legal bribe. Though he can't be compelled to recuse himself, he and Mike Recchiuti really should step aside and others untainted by special interests make this call.

On Tuesday night, economist Bill Sheier suggested that this ordinance really should be voted on by the Council coming into power in January, with three new members. Two of the current members of Council are appointees and were not the choice of the people.

Of the three new Council members, Shawn Martell received 13% of his total contributions from Martin Tower developers. He should recuse himself as well. Michael Colon and Olga Negron accepted no donations from these special interests, and would at least make a decision that is their decision, and not the command of some billionaire.

Below is my research. Unlike many of my readers, I generally like Willie and do think he means well and usually handles himself very well. But not on Tuesday.

Willie Reynolds
Pre-Primary 
$1,000 from Lewis Ronca on 2/26/15
$2,000 from Norton Herrick on 2/13
$500 Laborers Local 1174 on 2/4
$1,000 Internat'l Union Operating Engineers on 2/4
$1,000 from IUPAT District 21 on 2/9
$1,000 from IBEW Local 375 on 2/12
$1,000 from Carpenters PAC on 4/26
Total Raised - $33,650
Post-Primary
$1,000 from Lewis Ronca on 5/18/15
Total Raised - $2,270
Total Raised Pre and Post Primary - 35,920
Percentage of donations from Martin Tower Beneficiaries =  24%

Michael Recchiuti
Pre-Primary
$1,000 from Lewis Ronca on 2/26/15
$2,000 from Norton Herrick on 2/26
$500 from IUPAT District 21 on 2/11
$500 from  Internat'l Union Operating Engineers on 4/27
$500 from Carpenters PAC on 4/30
Total Raised - $16,995
Post-Primary
$1,000 from Lewis Ronca on 5/18/15
Total Raised - $2,275
Total Raised Pre and Post Primary - $19,270
Percentage of donations from Martin Tower Beneficiaries - 29% 

Shawn Martell
Pre-Primary 
$500 from Lewis Ronca on 4/20
$1,500 from Norton Herrick on 4/24
Total Raised - $14,883.35
Post-Primary
Total Raised - $700
Total Raised Pre and Post Primary - $15,583.35
Percentage of donations from Martin Tower Beneficiaries - 13%

Michael Colon
Pre-Primary
Total Raised - $5,390
Post-Primary 
Total Raised - $0
Percentage of donations from Martin Tower beneficiaries - 0%

Olga Negron
Pre-Primary
Total Raised - $6,770
Post-Primary
Total Raised - $825
Percentage of donations from Martin Tower beneficiaries - 0%

Pay-to-Play Reform Passes in Allentown

Allentown City Council member Jeanette Eichenwald, LC Comm'r Vic Mazziotti and good government champions Robert Trotner and Lou Shupe deserve a great deal of credit for their efforts over the past several months to ensure that Allentown adopts a pay-to-play bill that will bar anyone who gives more than $250 to a city politician from doing no-bid business with the City. It's proof that a few people can make a difference. Perhaps there is hope for Allentown after all. Of course, there are creative ways to avoid this law, but it sends a clear message that people in government should shy away from major contributions like the kind that Willie Reynolds and Mike Recchiuti received in Bethlehem from the Martin Tower developers. Since the bill passed 5-0, with two absences, it is veto proof.

In the meantime, a federal investigation into the pay-to-play practices in Reading and Allentown is going strong. Rumors are swirling of new charges to be filed in a matter of days.

Glazier Defends Eichenwald Reform Delay

Thanks to a bad back that occasionally flares up, I was unable to attend the Allentown City Council Committee that has decided to delay taking any action on Jeanette Eichenwald's bill to provide for more oversight over city contracts. Fortunately, activist Lou Schupe videotaped the lengthy hearing. The fireworks begin near the end, when Eichenwald confronts Jeff Glazier. He's the council member who unilaterally decided to delay her bill.

Eichenwald approached at the end of the meeting. She noted that once a bill has been introduced and seconded, it is customarily reviewed by a committee. But Glazier wants her reform measure reviewed by an "ad hoc" committee that includes citizens. She found it ironic that Glazier, who ordinarily wants nothing but silence from the public at meetings, would suddenly want to reach out. She indicated Council has had ample opportunity to research good government reforms in the six weeks since the FBI raid. "The citizens of Allentown are looking for good government, and it is the responsibility of members of City Council to do what is in their utmost capability to provide that. I am extraordinarily upset about this decision and I find it inappropriate and certainly not in the interest of good government."

Glazier defended his decision, calling himself a "most astute observer of things on Council." He stated that Eichenwald has herself delayed placing a gun bill that has been introduced by the administration.

"We were told by the law department, our own Solicitor, that we should not have that particular legislation here, that it would open us up to be sued.

Glazier then stated he wanted "to take a few moments" to understand the "ramifications of the bill" and then actually seemed to complain that the bill is too much like a similar contract oversight law in Bethlehem and that his agenda was too full that night.

Sticking to her guns, the Iron Lady accused Glazier of delaying the bill, calling it a "disservice to the citizens of Allentown."

In an exchange with reform activist Robert Trotner, Glazier stated he supports the bill.

Daryl Hendricks justified dragging his feet, and complained about "new legislation." He supports a delay of six to eight weeks and said it is "very unfair" to accuse him of being part of the problem because he was a cop.

The bill is scheduled for review on September 10.

Jeanette Eichenwald's Pay-to-Play Bill Inroduced

Joe Davis (left) and Daryl Hendricks (right)

A bill aimed at curbing pay-to-play in Allentown City Hall has been introduced by Jeanette Eichenwald and seconded by Ray O'Connell. As she did at her joint news conference with Vic Mazziotti, Eichenwald justified the legislation as a win for vendors, elected officials and the public. Vendors would win because they no longer will fell obligated to make contributions as a cost of doing business. Citizens will win because they will see better goods and services. Elected officials will win because they can concentrate on good government.

Though O'Connell provided the second needed for this legislation to move forward, and called it "absolutely, positively the right thing to do," he cautioned that in the seven weeks that have followed the raid on City hall, there have been no charges filed in Allentown. Julio Guridy also pointed out that no one has been charged, and he wants the FBI to conclude its investigation to remove the "dark cloud hanging over the City."

Guridy failed to note that this investigation may very well end with an indictment or two.

Daryl Hendricks corrected a citizen who misquoted some of his previous remarks to the press, and appeared to support the legislation.

Other Council members were silent.

Vic Mazziotti, who fashioned this bill and proposed it in Lehigh County, arrived fashionably late. I told him to go home because the bill had already been defeated.

Tom Hahn Challenges Allentown City Council's Ethics

Jeanette Eichenwald and Vic Mazziotti

Democrat Jeanette Eichenwald and Republican Vic Mazziotti came together last week to urge the adoption of pay-to-play rules in Allentown and Lehigh County. I was encouraged to see that Vic's colleague, Mike Schware, as well as and Lower Macungie Commissioner Ron Beitler, were also present. But despite an invitation from Eichenwald, no other Allentown City Council member came. This was an insult, not just to Eichenwald, but to the people of Allentown. City Council is required to represent their interests, not those of Mayor Ed "Fed Ed" Pawlowski, political and business consultant Miked Fleck or entrepreneur Abe Atiyeh.  Instead of serving the people, these elected officials rubber stamped a deal to pay Abe Atiyeh almost three times what its own appraiser recommended to buy property it never needed.

It was a pay-off, to put it bluntly. City Council never bothered to ask for the appraisals or even seek the identity of the seller. Clearly, they deprived the citizens they represent of their right to honest services. The only person who had the integrity to say No was Eichenwald

Tom Hahn is an Allentown City Council critic who castigated them two weeks ago. They said nothing. Maybe he should sing to them, like Tom Ochse. What hes done instead is send them a "communication" to be noted during the meeting, challenging their ethics.

The time is now at the next meeting to start the change. All members of council must face the public on Moral ground with an ethical challenge to protect the public from future actions that have jobs, deals, charter rule changes, and no oversight on issues. As was admitted by Julio in his last press release, "I did not research the issue" is what was reported. The public did and the information was not used or believed? Again the misleading information that was giving to council was flawed coming from the administration consultants and never compared to the public's information. Never a debate in a public meeting, only the 3 minute rule. Sit down, your time is up. The questions became a moot item. We know how proud the council is of this fact, because the no answer was the only answer.

The first issue is the vote to correct the pay to play issue . If you and the other members are not ready to change, and restore the charter rules back to their original intent, then Ccouncil is the reason we have this issue in the first place .

The letter to council will not change one thing I was told, but I had to try to find Moral ground and end this issue on a positive note. That honesty and good government still resides in Allentown by the way council will change the rules, charter and preserve the city from complete ruin . Protect all the citizens - rich, poor, any color, religion, and even the ones who disagree with Council - without reprisal from the Mayor or Council's vote. We all know that pay to play is not dead yet, but could be if the vote is right.

History will be the judge. Which Council was the worst to bring shame to Allentown and cost the tax payers the highest amount of money in fees and water rates. The list is growing.

The responsibility is on Council's shoulders to correct the situation ASAP to give hope to all residents of our city that a new beginning has started.