NorCo HR Director Wants A Ringer on Council

Ken Kraft

Under Northampton County's career service rules, a job vacancy must first be made offered to someone who already works for the county. So as positions become open, people often apply. This gives qualified people a chance to move up and prove themselves. But when a department head concludes that no one on the inside is qualified for an open slot, he or she can hire someone from the outside. One such outside hire by Human Resources Director Amy Trapp is raising eyebrows. She has recently hired someone as a Human Resources recruiter who will make it that much easier for her to push her agenda through Council's Personnel committee. She's hired Chairman Ken Kraft's wife.

Since Trapp has been confirmed as Human Resources Director, she's pretty much cleaned out the office and replaced the people there with her own team. That's why she imported fellow gift card grabbers Mike Twining and Courtney Kendzejeski from Allentown City government, where all three were pals. She also turned down several NorCo employees who applied for vacant positions in her department on the basis that they were "unqualified," but given the amount of county money she is spending on staff training, that's a bullshit rejection.

Her decision to hire Kraft's wife is easy to understand. It gives her and John Brown leverage for the near monthly changes they push. It gives them a friendly face on Council who will be reticent to push the administration on salary compression and doing a proper pay study. as the Chair of the Personnel Committee, Kraft could decide not to list matters that Trapp would prefer not to see.

Northampton County's nepotism policy extends beyond supervisor and subordinate relationships. It also bars members of the same family or household from county employment if it would create an "actual conflict of interest" or "the appearance of a conflict of interest."

The term "conflict of interest," as defined in the state ethics act, includes an elected official's use of the authority of his office for the private pecuniary benefit of himself or a member of his immediate family. Under state law, he and his immediate family are restricted from accepting employment if it is based on any understanding by that elected official that his votes and official actions will be influenced as a result.

Ken Kraft and Trapp would both undoubtedly deny that the decision to hire his wife had anything to do with his role as Chair of the Personnel Committee. There's no evidence of a quid pro quo, other than the hire itself. I am sure Ken's wife, who is much nicer than he, is qualified.

Nevertheless, this certainly creates the appearance of a conflict of interest and violates the county nepotism police. That is something that Trapp, as HR Director, should be enforcing, not breaking.

There are two resolutions to this mess. The first is to transfer Kraft's wife, who is still in her probationary period and is an at-will employee, into another department. The second is for Kraft to step down as Chair of the Personnel Committee

Over the years, I have seen numerous instances of members of the same household working for the County. Wayne Grube, Ann McHale, Peg Ferraro and Lamont McClure have all served on Council while members of their immediate family have worked for the County. Though Peg arguably had a conflict, she recused herself when her daughter's payraise came up for a vote. It has never been a conflict for the others because those employees worked for the courts or the DA, which are independent elected officials  In Kraft's case, there will be the appearance of a conflict every time Trapp wants something. 

NorCo Council Condemns Possibe Cunningham Conflict on Chinese Board

Don Cunningham

As reported here yesterday, Lehigh Valley Economic Development Corporation (LVEDC) CEO Don Cunningham has decided to accept no compensation as a board member at plastic company Fuling Global. "While it’s perfectly legal for me to serve, I have learned that perception often becomes people’s reality, and I don’t want to cause any harm to LVEDC or Fuling."  But that did nothing to dissuade Northampton County Council from adopting a resolution condemning what had happened.

Hayden Phillips, who sponsored the resolution, was aware of Cunningham's decision to accept no compensation. But he went on with it anyway. "The bell's rung, you can't unring a bell," he said. "I think we should still go through with this."

Bob Werner, who has clashed with Cunningham in the past, called Cunningham's letter a "walkback." "It's an 'I'm sorry' after I hit you." Saying he had no problem with LVEDC, Werner added, "I know Don," and questioned whether Cunningham really was waiving the $30,000 salary. "If any one of us up here did anything like this at all, we would be fried to death."

Executive John Brown defended Cunningham, stating it is a "common practice" among economic development professionals in the private sector, and affords a "learning experience." He indicated that Cunningham's willingness to forego a salary on the Fuling Board should cure any misperception. He asked Council to withdraw the resolution.

Glenn Geissinger agreed that sitting on a board was not a problem, but accepting money was. He believes Cunningham corrected that error. "I no longer have a problem with it since he's not being compensated," he said.

"At the very least, we should say what he did was wrong," said Council President John Cusick

Supporting the resolution were Phillips, Werner, Cusick, Peg Ferraro, Mat Benol and Matt Dietz. Voting against it were Geissinger, Ken Kraft and Seth Vaughn.

DA Wants Conflicted Clerk, Biased Judge, Off Overdose Homicide

I've written pretty much in recent weeks about Northampton County's judicial law clerks. I've told you that, in addition to salaries that are much higher than they should be, these clerks have pocketed $110,225 in divorce stipends since 2010 for doing what their job already requires. In addition, two of them do legal work for attorneys who practice in this county. It's a conflict of interest that the court refuses to recognize. In fact, our judges have refused to tell lawyers that two of their opinion writers may, in fact, be working on the side for an attorney who is up against them.

When County Council sought information about payments from the Controller, President Judge Stephen Baratta fired off a condescending missive, telling Council to mind its own business and that it has no authority to set salaries. It was a misstatement of the law, a point confirmed by Council Solicitor Phil Lauer.

This issue is not going away. In fact, it's been placed on the front burner, thanks to a motion filed yesterday by DA John Morganelli. It involves a homicide case against a heroin dealer accused of delivering a fatal overdose in Forks Township.

According to this motion, Morganelli was forced to ask the entire Northampton County bench to recuse itself because there were "a number of contacts and communications between the defendant's family and at least two judges."

Think about that for a moment. We're not talking about some incidental contact with a judge at the food store. The DA has referred to a number of contacts between the defendant's family and at least two judges.

What were these judges thinking? Seriously. I doubt they were discussing the weather. A third judge, Jennifer Sletvold, was Phil Lauer's law partner. He represents the defendant. So she's out, too.

As a result of Morganelli's motion, a senior judge from Philly, John Braxton, was brought in to hear the case. But that presented another problem because his law clerk, Catherine Kollet, is a criminal defense attorney who practices in Northampton County and is in fact a court-appointed lawyer who represents indigent defendants when there is a conflict with the Public Defender's Office. Since she represents criminal defendants and was appointed by a court that has already recused itself, Morganelli argues it would be impossible for her to act as a "neutral, judicial law clerk."

Braxton refused to remove her, claiming she is his clerk, and has worked for him in other counties.

He then reduced Fisher's bail from $500,000 to $100,000, even though evidence in a prior drug delivery case shows that he failed to comply with bail conditions. Fisher was unleashed on the public the very next day.

Morganelli did some research and discovered that Kollet's participation as a judicial law clerk is a direct violation of a Supreme Court Rule that bans lawyers from being law  clerks in the counties where they practice. Even more disturbing, Braxton's statement that Kollet works for him in other counties is demonstrably false, according to Morganelli.

So let's sum up. The entire Northampton County bench has been forced to recuse itself in a homicide case because two judges were unable to keep their mouths shut when approached by the defendant's family. Then a clerk is brought into the case who actively practices criminal law in the very county where she is advising the court in a criminal matter. Senior Judge Braxton refuses to disqualify her, even though a Supreme Court rule specifically bars law clerks from practicing law in the county where they clerk. He also states falsely that Kollet is his clerk in other counties. Then he unleashes a heroin dealer accused of delivering a fatal overdose on an unsuspecting public in the middle of an epidemic.

Nobody is above the law. Not overpaid law clerks. Not judges who engage in ex parte conversations with the family of an accused killer. Not a Senior Judge from Philly who thumbs his nose at a Supreme Court rule regarding the use of law clerks, and compounds that error with misrepresentations about using that clerk in other counties.

Morganelli, who is not above the law,  had a duty to file this motion. He is reacting to a failure in a system that is supposed to deliver justice.

Morganelli Motion to Recuse Clerk And/Or Judge by BernieOHare on Scribd

Former Fed Representing Allentown Has Conflict

Robert Goldman, a former federal prosecutor, has been retained by Allentown to assist officials in producing documents that have been subpoenaed by a federal grand jury. While this is a good idea, the City should have hired someone else. You see, Goldman represents a man who has sued the City with claims of racism and police brutality.

This civil rights lawsuit, filed April 1, is focused on allegations that Allentown police beat Lopez into unconsciousness and broke his neck when they accosted him outside a 7-11, where he had just purchased some groceries. He admitted to officers that he was in possession of two syringes. In the complaint filed by Goldman, he describes a police department with a "history of violence and Constitutional violations"
that is "condoned and encouraged" by City officials.

Now he's representing them.

This is a conflict of interest. How can Goldman's client expect him to act with undivided loyalty if the City is also paying him for his services, even though the matters are unrelated? How can taxpayers know whether Goldman's case gets more consideration from the City than it deserves?

Under Pennsylvania law, a lawyer may represent a person he is suing in another matter so long as both clients give informed consent. But there's no shortage of experienced attorneys who could assist the City without any appearance of impropriety.

This was a mistake.

If City Council had some oversight over contracts, and had a few independent-minded members, this problem would never have occurred.

Why Bill Blake Should Not Be a Mini-Judge

Last week, I told you that Assistant DA Bill Blake is pondering a run for the Magisterial District judgeship being vacated by Judge Barner in Bethlehem Township. Starting next year, that district will only hear cases arising in Bethlehem Township. Assistant DA Pat Brocious and Bryan Altieri have also announced. There are likely some other candidates out there. Bill Blake is an excellent lawyer, and more importantly, an excellent person. He'd not only make a great Magistrate, but a great judge. But he should not run. let me explain why.

Bill Blake's brother, Richard, is a distinguished Sergeant on Bethlehem Township's police force. Last year's recipient of the Nathan Ogden award, he is arguably the top cop in Northampton County. He has been involved in numerous drug arrests and is also a patrol supervisor.

If elected, Bill Blake will be unable to hear any case that is brought by Sergeant Blake or anyone working under him. This familial relationship is exactly what disqualified Bob Sletvold, another great lawyer, from being considered for the position of Chief Public Defender. That's going to eliminate a huge chunk of his caseload.

There's another problem. Bill's wife Kristen is also an Assistant DA. If he's elected, he will be unable to hear any matter in which she is the prosecuting attorney because it's an obvious conflict. But since she's conflicted, so is the entire staff. So Bill will be unable to hear any matter involving the DA's office. The same reasoning that applied in the case of Judge Sletvold would pertain here.

That pretty much takes care of 75% of the caseload.

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.

The Fall of Karen Dolan

DA John Morganelli announcing report

Updated 2:31 pm:Karen Dolan, an elected member of Bethlehem City Council, violated the public trust. She placedthe interests of her nonprofit, the Illick's Mill, over and above the interests of the people she was elected to represent. She ignored a $128,000 debt she ran up with the City. She intimidated everyone who stood in her way. She would do whatever it took, including explosive rants, to advance the cause of a nonprofit in which she herself was financially interested. She is not fit to serve in public office. Moreover, she engaged in repeated violations of the state Ethics Act.

These are the conclusions of the Northampton County Investigating Grand Jury, which yesterday released a blistering, 62-page report. It is the product of 20 witnesses, including former Mayor John Callahan and an accountant who was never informed that her nonprofit was in debt. It is the product of 49 exhibits, in which Dolan herself threatens to do "everything I can" to prevent the City from forcing her nonprofit to pay for utilities,

It is a tale of arrogance.

The Grand Jury has recommended that she resign from office within the next 14 days. It has referred prima facie violations of the Ethics Act to the Ethics Commission for a determination whether criminal sanctions should be imposed, which include third degree felonies. It has recommended that Bethlehem adopt internal policies to prevent anyone in City government from engaging in conflicts of interest. It wants the Illick's Mill to pay what it owes. And it wants non-profits that deal with the City to provide periodic proof that they still are nonprofits, and that they are paying their bills.

So ends a tale in which Dolan provided multiple explanations to multiple people about her ethical misconduct, including accusations of politics and the use of social media to vilify those who exposed her. In the end, when she had an opportunity to speak to the Grand Jury, she clammed up and took the Fifth.

The $127,959 Debt

Karen Dolan

Morganelli's interest in this matter, like the Industrial Steel Museum,is the result of several news accounts, as well as complaints from citizens like Steve Antalics, who had publicly called for a Grand Jury to investigate the $127,959 debt that was mysteriously written off by the City. As the layers of the onion peeled away, they exposed a woman who misused grant money that was supposed to pay for money advanced by the City for improvements at the mill. At one time, it was just $30,000, and Dolan promised to pay the money once other grants came in.

That never happened, and the debt snowballed. The City attempted to collect the debt, even threatening to suspend services. Finally, a Morning Call news account quoted Mark Sivak, a business manager, as stating that the Illicks Mill owed the City $127,000.

Dolan left a lengthy voice mail for Sivik, stating, "How dare you put the Illick's Mill out there, that they owe the money!" He was blasted with "who does he think he is!" and the City should be paying her for all the work she's done.

Though Mayor John Callahan stated the City was in financial trouble, he decided to write the debt off. "I didn't have much choice," he shrugged. He denied that Dolan made any attempt to persuade him to write it off, but the Grand Jury did not find Callahan's testimony credible because other witnesses testified to receiving intimidating phone calls and emails from Dolan.  

Business Administrator Dennis Reichard stated that though the debt was written off, but the debt was not excused and the City never wrote to Illick's Mill, telling the non-profit that he debt was forgiven.

The NonProfit Tax Returns

When Dolan's nonprofit lost its tax exempt status for failure to file tax returns for three years in a row, she blamed her accountant. But he testified he never could prepare these returns because Dolan failed to provide him with the necessary information. He added that Dolan never disclosed her debt to the City, which should have been included in these tax returns. The returns as filed presented an inaccurate picture to the public and potential donors. His testimony was corroborated by an employee in his office, who stated Dolan failed to supply the necessary information.

Alcohol Use at Mill

Although a City Ordinance bans the use of alcohol beyond a 7% limit at the Mill, Dolan misled a wedding event planner into believing that the Mill was exempt. Dolan also conducted a few weddings herself, and collected miney for that above and beyonf her salary as Executive Director.

Conflicts of Interest

The Grand Jury lists specific instances in which Dolan engaged in conduct for the pecuniary benefit of Illick's Mill that conflicted with her duties as a member of Council:

• Instead of paying down the debt owed to the City, Dolan used grant money for other Mill expenses, contrary to assurances that she made in 2008.
• When she received a bill for the $127,959 debt to the City in 2010, she called the City's Public Parks Director and told him she was unwilling and unable to pay the money. 
• In 2010, she badgered a City employee who had publicly revealed the debt owed by the Mill to the City.
• Dolan misrepresented that funds were unavailable to the City while simultaneously demanding a salary at The Mill based on increased revenue projections. 
• Dolan improperly influenced a financially distressed City to waive this debt.
• Dolan regularly participated in City business that impacted on the Mill. She ignored requests for a new lease from 2010-2013. She influenced City Administrators to assume responsibility for utilities. She voted for two City budgets that included line items for heating oil at the Mill. She represented the Mill at meetings with City officials. As Chair of the parks Committee, she attempted to ease restrictions on alcohol in City parks, which would favorably impact the Mill. She threatened to close the Mill if alcohol rules were not eased. She threatened to close the mill again over a lease proposed by Mayor Bob Donchez.

She put the interests of the Illicks Mill ahead of the interests of the people of Bethlehem. For at least the past four years, she intimidated and harassed City officials to effectuate public policy that would benefit the Mill and herself.

I sent an email to Dolan, requesting a response, but have none and expect none.

The Morning Call is reporting that Dolan intends to resign. She reportedly has no comment on the Grand Jury report.

In April, she was a lot more cocky, denying she had done anything wrong:

Although the recent false accusations, innuendo, and attacks against our non-profit have been outrageously untrue, we know that no one can protect themselves against unethical bloggers and those who act on the principle of repeating lies so that eventually they become “the truth.” In today’s 24-hour news cycle and atmosphere of vicious and unsubstantiated on-line accusations, we understand what Warwick meant in Henry VI: “What fates impose, that men must needs abide; It boots not to resist both wind and tide.” (Loose translation: Don’t fight what you can’t change.)

In July, she stated, "I hope ruining my life's work was enough evil for the Gang of Jerks."

But she declined to speak to the Grand Jury, and her husband is talking for her now.

Panto Defends Conflict of Interest

According to its City-hosted website, the Easton Redevelopment Authority (RDA) "oversees the redevelopment of the Simon Silk Mill and seeks to facilitate the rehabilitation of other blighted or vacant structures within the City limits." Developer Mark Mulligan, who is the paid construction manager at the Silk Mill redevelopment and is involved in other properties, is clearly their biggest customer. In "Mark and Mike's Excellent Adventure," Parts One and Two, I told you about the disconcerting relationship between Mulligan and RDA employee Michael Brett. There's an undeniable conflict of interest. But rather than condemning it, Easton Mayor Sal Panto has embraced it, and is dismissing all criticism.

For a Mayor who prides himself on transparency and accountability, and who has largely conducted himself this way, this is an alarming flaw. It's what happens when a City puts all its eggs in one basket, as Easton has done with Mulligan.

In Part One, I told you that Brett, who also happens to sit on the Easton Zoning Hearing Board, has a realtor license parked with Mulligan's VM Realty.

Panto asked, "Where's the beef?"

In Part Two, I revealed that Mulligan formed both a LP and LLC - 356-358 Wilkes-Barre L.P. and 356-358 Wilkes-Barre 1A, LLC - to purchase and rehab a set of row homes that had incurred fire damage. Records reveal that the LP's General partner is the LLC. Records provide no name for the owners or shareholders of the LLC.

These entities were formed to prevent the public from learning who is involved in this fire restoration project. But the addresses gave Mulligan away. They tied back to his Flemington and Easton offices.

I questioned whether Brett was the other partner, especially since his phone number is listed on the work permits, and it turns out he is. Yesterday, Easton Director of Administration Glenn Steckman acknowledged the connection.

Mike Brett is a part-owner of the Wilkes Barre property. The properties as I understand it where [sic] purchased $5,000 each plus the cost of the escrow amounts. The properties were burned and the outside secured to an acceptable condition. Deals like that are available throughout the city. VM [Mulligan} as [sic] since partnered with VM and created a limited liablity [sic] partnership. A number of landlords and other property owners do this through out the city. And I agree he should get some direction from the state ethics commission which he falls under.

Were you aware that deals like this are available throughout the City? Only insiders have this special knowledge.

Brett used his insider knowledge as a public employee to get a South Side Special. Even worse, he did it with a developer whose work at the Silk Mill is overseen by the RDA.

This is a blatant conflict of interest. Brett and Mulligan know this, which is why they formed both a LLC and LP to keep everyone from finding out.

If this were Bethlehem, Brett would already be on the outside looking in. I would expect Mayor Sal Panto to condemn this, too. Instead, he condemned me.

I am working fior [sic] the betterment of our city and have stated before that I will never again participate in this blog. Mr. O'Hare is nothing more than an agitator who stirs the pot with half-truths and inuendos [sic] from individuals that feed him what he thinks is factual.

So much for transparency. ... And spelling.

When I first raised this matter, Panto promised to give it his "personal attention". He promised to ensure that "every decision is transparent and ethically acceptable." There is nothing transparent or ethically acceptable about a public employee and a developer hitching their wagons on a sweetheart deal they actively tried to hide from the public. 

Bethlehem Parks Director Visits Grand Jury

Northampton County's Investigating Grand Jury meets on Thursdays. Its proceedings are secret, and though witnesses may discuss their testimony, prosecutors are prohibited from disclosing what goes on. But it's pretty clear that District Attorney John Morganelli is thoroughly investigating the activities that occurred at the Illick's Mill when Bethlehem City Council member Karen Dolan was its Executive Director. I say this because I saw Parks Director Ralph Carp in the DA's office yesterday, waiting to go in.

Carp is the official who advised Dolan, in 2010, that the City would stop providing services to the City unless her debt was settled. Shortly thereafter, utilities were supplied at no cost.

Investigating Grand Jury Aims at Dolan NonProfit

Illick's Mill

Northampton County District Attorney John Morganelli empanelled his fourth Investigating Grand Jury on April 25. Although their work is done in secrecy, their selection, or voir dire, is done publicly. This gives you an idea about what matters might be under review. Morganelli asked 110 prospective jurors whether any of them were familiar with any of a number of unsolved homicides or the Easton School District, subjects he had already discussed before. But then he quizzed them about their knowledge of the Gertrude B. Fox Environmental Center, known to most of us as Illick's Mill. He even canvassed them on their knowledge of Bethlehem City Council and its Parks Department. It's clear that this new Grand Jury, which began taking testimony as soon as they were sworn in by Supervising Judge Michael Koury, will be looking into possible mismanagement and conflicts of interest involving Bethlehem City Council member Karen Dolan and her connections to a nonprofit at the Mill.

Morganelli has used the Grand Jury before as a tool to expose mismanagement at area nonprofits. In January, a previous investigating Grand Jury issued a scathing report about the National Museum of Industrial History, calling it a "resting place for soon to be unemployed officials" at Bethlehem Steel. Executive Director Steve Donches resigned.

Why would an investigating Grand Jury want to review Fox Environmental Center? That nonprofit, like the National Museum of Industrial Steel, has been plagued by allegations of mismanagement. To make matters worse, its Executive Director, Karen Dolan, may have violated the conflict of interest provisions of the Ethics Act.

• She voted to approve two City Budgets that included payments to her nonprofit, where she was a compensated Executive Director.
• Late last year, she pushed for raises to Parks Department employees, who were providing her free services.
• As Parks Chair, she proposed easing alcohol regulations in City parks, where her nonprofit was hosting as many as 20 weddings a year.
• She used the authority of her office to block a new lease requiring her nonprofit to pay rent.

These conflict of interest transgressions are no minor matter. They formed the basis for the Bonusgate prosecutions under then Attorney General Corbett.

It all starts with Illick's Mill, one of the City's treasures. An old 1856 grist mill, it is the centerpiece of a park along the Monocacy Creek. This park was established by the FDR administration during the Great Depression. Today, that historic mill is known as the Fox Environmental Center. It's a nonprofit that, until recently, was under the direction of Karen Dolan. A member of City Council since 2006, she managed to snag an appointment as the Parks Committee Chair.

Between 2001 and 2009, Dolan worked to restore the old mill. She used a steady supply of labor in the form of Liberty High School students. After all, she was teaching there. Her husband was a teacher at Bethlehem Vo-Tech, and that school soon began helping with the project, too. The City of Bethlehem also provided a lending hand.

According to the nonprofit webpage, over $1.3 million was raised to restore the mill. How much of that is public money is anybody's guess. The most recent 990 (that's a nonprofit tax return) is from 2007. It lists at least $121,000 in public funding in that year alone. But what about subsequent years? Guidestar, an online repository for nonprofit financial records, has nothing beyond 2007. Where are those records?

Perhaps even more troubling than the missing 990s is that Dolan's nonprofit owed $128,000 to Bethlehem. It was reported that way in several city audits. Then suddenly, in 2012, it was just written off in a City audit with no explanation.

"We're not the National Museum of Industrial History," Dolan stated during a February interview at the Mill. "We've done everything by the book always."

When asked to provide the nonprofit tax returns, Dolan handed over financial statements, insisting they are just as good.

When pressed on the matter, Dolan admitted that her nonprofit failed to file 990s in 2008, 2009 or 2010. She blamed her accountant, although she was the Executive Director. She went on to say that, at one point, she even executed a Power of Attorney to her accountant.

Eventually, her nonprofit status was revoked by the IRS on 5/15/11. It remained revoked until 5/15/12. She had to re-apply for non-profit status.

Dolan insisted during this interview that she raised no money during this time period. But research reveals that in an August 15, 2011 interview with The Express Times, Dolan clearly was raising money during the time that her nonprofit status was revoked. She claimed to have a $170,000 budget, and was opening the Mill for weddings at $1,200 per event.

In the meantime, she ran up a $128,000 debt to the City for improvements to the facility that were supposed to be repaid from grant money. The City used a special account, its nonutility capital fund, for these improvements. This is borrowed money. This means taxpayers are on the hook for as much as twice the $128,000 spent.

Steve Antalics

"It looks like the money disappeared and no one seems to know," City watchdog Steve Antalics said at an April 15 City Council Finance Committee meeting. "This is our money. We want to know what happened to our money."

"Anyone care to answer that?"

Mayor Bob Donchez did, announcing that there were 90-pages of documents related to invoices owed by Dolan's nonprofit. They have recently been released to City Council.

One of those documents is a 2010 Memo from Parks and Public Works Director Ralph Carp to Dolan, concerning the $128,000 debt. Carp told Dolan there would be no additional services from the City until that debt was settled.

Another is a memo to the file, made by a Parks Department employee, after she was instructed to stop sending utility bills to Dolan's nonprofit.

The City not only wrote off the $128,000 debt, but began providing utilities at no cost to Dolan's nonprofit. This was contrary to the lease.

On City Council, Dolan has voted for two City budgets that included $11,000 for heating oil at the Illick's Mill. As a compensated Executive Director her votes appear to violate the Ethics Act. Section 1103(a) states, "No public official or public employee shall engage in conduct that constitutes a conflict of interest." The Act defines "conflict of interest" as the "[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."

At the last budget cycle, Dolan also pushed for payraises for Parks Department employees. This raises the question whether this was some sort of quid pro quo for her special privileges.

In reaction to all the ethical questions surrounding the Mill, Mayor Bob Donchez recently asked his legal department to prepare a new lease for the Mill, one that would require some rent and a contribution towards utilities.

Dolan responded, "I will do everything I can to prevent this lease from going to Council,"  in an April 12 email to the Mayor.

After this email became public, Dolan resigned as Executive Director at the Fox Environmental Center, blaming politics.. But she is still on City Council and still chairs the Parks Committee.

Dolan, in February, claimed that her nonprofit was paying utilities. That appears to be untrue. There are numerous unanswered questions. Why did the City continue furnishing services after the 2010 warning? Did the Mayor let her off the hook? If so, why? Who made the decision to write off the debt? Who made the decision to begin supplying her free heating oil? Why was that decision made? Why did she suddenly start advocating for wage hikes in Parks?

Citizen activist Steve Antalics has previously called for a Grand Jury investigation into the mismanagement of the Fox Environmental Center (Illick's Mill) under the stewardship of City Council member Karen Dolan. His wish appears to have been granted. It will now be up to the Investigating Grand Jury to peel away the layers of the onion and find out exactly what happened..

Will Sletvold Be Confirmed?

In a well-written editorial, The Express Times has come down against confirming Bob Sletvold as Northampton County's Public Defender. That's because his wife, recently elected Judge, will be unable to hear any cases in which any public defender represents the Defendant. That means she will be entertaining very few criminal and juvenile matters, which in turn will require other judges to pick up the slack. It also means that, even as a Motions Judge, she will be unable to hear certain matters and everyone will have to wait for another judge. If they have to wait days or weeks, I foresee public safety problems.

In addition to this editorial, there are two news accounts about this issue from The Morning Call and Express Times. Here's how things look.

Council President Peg Ferraro, VP Glenn Geissinger and Mat Benol, all of them Republicans, support the nomination. Their argument appears to be that that the President Judge and District Attorney are both "OK" with it. But Judge Baratta certainly does not sound as though he's happy at all or "OK" with this situation. It is Judge Baratta who said that Judge Sletvold will be unable to hear any case involving anyone in the Public Defender's Office. Before he noted the appearance of impropriety, Sletvold had argued that that the disqualification would apply only to him.

Judge Baratta stated that Judge Sletvold is "not going to get to experience criminal work like all of our judges do ... . She won't have a full criminal caseload."

"It puts me in an awkward situation," he is quoted as saying. "I don't want to criticize anybody."

This is no ringing endorsement. These are the words of a judge who has serious concerns about this appointment, but who does not want to flex his judicial muscles.

Now it could be that a majority of judges are fine with this appointment, but they speak on these issues through the President Judge. He is far from "OK" with it. Claiming that the Courts "don't have an issue with it," as Executive John Brown has said, is inaccurate.

Ken Kraft, Bob Werner and Scott Parsons, all of them Democrats, are opposed. Parsons said this appointment fails the smell test. "[T]o me, this kind of stinks."

This leaves two Republicans, Hayden Phillips and Seth Vaughn, as well as Democrat Lamont McClure.

McClure said he's "on the fence." I could see him voting to confirm. As a lawyer who undoubtedly will be in front of Judge Sletvold, he's in a tight spot. Although he's given no blessing, Judge Baratta is reluctant to say what he really thinks. He may feel that would be an improper exercise of judicial authority.

Phillips has stated he has "reservations," and will undoubtedly be under immense pressure to confirm.

Nothing at all has been heard from Seth Vaughn.

To me, this is a disaster waiting to happen. I understand that, to some, this will be viewed as an early test of party unity for Brown. But to me, this is a disaster waiting to happen. Eventually, something will be delayed because a judge is unavailable, and someone will get hurt.

Does anyone honestly think Jennifer Sletvold would be elected Judge if people knew her husband would be named Public Defender?

Brown should pull this nomination. But if he is too stubborn to do so, his own party should tell him No. This is bad government.

Sletvold PD Appointment Creating Judicial Headaches

Judge Jennifer Sletvold is Motions Judge this week. This is to go-to judge for anyone who needs an immediate ruling. But her husband's recent appointment as Chief Public Defender is already creating headaches for the Court, in the middle of a busy week of criminal trials.

Because of that appointment, Judge Sletvold is unable to entertain any matter involving the Public Defender's office because it creates an appearance of impropriety.

So yesterday, Sletvold was unable to hear several PFA contempt petitions as well as some bail matters because of the involvement of the public defender's office. Now I suppose you could let these defendants run unfettered until something terrible happens. The courts instead dispatched Judge Paula Roscioli to hear these matters, which took her away from criminal trials.

This appointment is a completely unnecessary disaster. Although the Republicans have the political clout to confirm Bob Sletvold as Public Defender, this is bad government. What is worse, it could lead down the road to someone getting hurt.

Norco's Elections Chair - Dem Committeeman, Area Chair & Partisan Radio Show Host - Isn't This a Conflict?

Last time I told you about Wally G, aka Walter R Garvin - political radio show host, Democratic committeeman and Chairman of Northampton County Elections Commission. On the radio, he's known only as Wally G. I guess he didn't want people to know he was moonlighting by reading a propaganda script every week. So he altered his name to fool us, but not for long.

Garvin claims his radio show's purpose is to inform the public about Congressional voting records. Wrong! It's an hour long sermon from the Democratic party. In fact, it's featured on the Northampton County Democratic Party's web page with the following description: "Sick of Right-Wing Talk Radio Blather? Tired of them insulting our intelligence? Then tune in to WGPA SUNNY 1100 AM and host WALLY G ..." That web page dishonestly fails to identify Wally G as Walter Garvin, the area chair for Freemansburg, Bethlehem Township, Hellertown and Lower Saucon Township. Garvin is clearly an "officer in a political party."

Garvin's involvement with a local political party is a clear violation of the Home Rule Charter, which plainly bars officers in a political party. Moreover, Wally G's disingenuous decision to host a very partisan radio show under a nom de plum, creates serious concern whether he could be impartial in his role as Elections Chair.

When I expressed these concerns yesterday on another radio show where Wally G was a guest, Garvin and host Don Russo snorted that if I had a problem, I should let my pals Angle and Stoffa know about it. So I did. As it turned out, Angle was listening to the show and fired off a memo to Stoffa by the time I called him. The Morning Call's Paul Muschick has an excellent report about this conflict of interest, and learned a second elections commission member, Lilly Gioia, is also an elected Democratic committeewoman.

Local Dem chair Joe Long claims all is well in the land of Oz. Long himself was probably elected illegally, as I noted in a previous post. He's also been rated as one of the state's worst county chairs. He should read the papers. Voters are disgusted by the shady tactics of politicians in Washington and Harrisburg. Yet he shames his party with a dishonest tactic by encouraging an area chair to do a partisan radio show under an assumed name. He creates a conflict of interest by stacking the elections commission with committeemen, who are party officers. The Democratic party should be associated with reform instead of business as usual. Long would best serve local Democrats by resigning.

By the way, Northampton County Dems are having their little shindig tomorrow. I think I better wait 'til next year. I'm not that hungry anyway.

Partisan Radio Host Wally G Outed: He's Chair Of Norco's Elections Commission

I told you yesterday about WGPA 1100 AM's "Checks and Balances," a dreary hour of highly partisan propaganda delivered in a monotone by Wally G. This morning, Wally G was the guest on another radio show that requires callers to identify themselves. So I called in, identified myself, and asked Wally G to identify himself, too. That's only fair. And guess what? He's actually Northampton County Chairman of the Elections Commission Walter R. Garvin. He was also recently elected as Democratic Committeeman.

Here's what the Home Rule Charter says about members of the Elections Commission: "None of these nominees shall hold public office or be an officer in a political party." Now isn't an elected Democratic committeeman an officer in a political party? He does things that Democrats like me can't do, like electing the county chair. And since he's actually elected publicly, doesn't he hold public office? Apparently not in Northampton County. The Home Rule Charter provision against an elections commissioner holding public office or being an officer in a political party was clearly designed to prevent the intrusion of partisan politics in the electoral process. Yet that "check and balance" seems to be forgotten. And to make matters worse, this guy hosts a highly partisan radio show advocating Democrats in the upcoming election. Will Republicans feel safe knowing that he's counting the votes?

John Stoffa said Wednesday there's nothing wrong with government, but that sometimes the wrong people are in government. This is an example.