Berks Democrats

Catching Up

I was on vacation most of last week.  I went to Chincoteague Island, Virginia and enjoyed a few days of boating and lounging in the sun and sand.  I posted some pictures at the other blog if anyone is interested.  Meanwhile it appears several things happened. 

I was disappointed to see the Commissioners approved the corporate welfare program for the development in Exeter.  There's no way any reasonable person would consider that property "blighted."  I don't care how you define a term in the law, this is a beautiful piece of land that's been used as a golf driving range.

If Route 422 needs improvements why are Berks County taxpayers footing the bill twice?  This is a state road which is PennDOT's responsibility.  Now, in addition to paying gas taxes for such projects the taxpayers are also going to subsidize ANOTHER shopping center in Exeter.  Has it occurred to anyone that, perhaps, Exeter has enough stores?  Creating more traffic is going to be a GOOD thing for 422?

If we're going to subsidize questionable real estate developments why don't we save these resources for those that are going to provide GOOD jobs?  Retail clerks, maids and janitor jobs don't need county subsidies.  What's more, if we're going to use taxpayer money to subsidize developers why don't we then require them to only hire properly documented workers?  Any illegals found working on these sites means they lose their tax subsidy and must repay all the past welfare they got from the county. 

If Mark Scott is as dedicated as he says he is to the immigration problem why isn't he putting his money where his mouth is on this?  One reason may be the fourth, "shadow commissioner," his assistant Michelle Kircher.  She's also an Exeter Township Supervisor.  As such she wields an undue amount of influence over Scott when it comes to Exeter issues.  Considering Mark's personal involvement with Ms. Kircher his vote on this matter may constitute a conflict of interest.

Meanwhile Mark Baldwin continues making bad news for himself over the mysterious $1.1 million drug bust money.  Instead of turning the funds over in a timely fashion Dan Kelly of the Eagle is reporting he sat on it for too long.  I'm wondering if he's sitting on anything.  The statute says the money should have been turned over to the County once received and invested in an escrow account.  This is what our Treasurer Nelson Long does.  Long is very good at investing County funds and finding the best returns for the public monies.

I ask myself why this million bucks didn't appreciate considerably while in Nelson's custody?  Three years of compound interest should have resulted in a nice addition to the stash.  Maybe the money doesn't exist.  Think about this for a minute.  What if the $1.1 million mysteriously disappeared while in the DA's custody?  That would explain why he couldn't turn it over to the City.  There's no way Mayor McMahon would cover this up so Baldwin had to find a willing partner to conceal the missing funds.  The Foundation could say they received the money and then tell anyone applying for part of the proceeds that it had been allocated elsewhere.  A simple and easy cover up.

Why else would Baldwin violate the law by giving the money to an agency ineligible to receive it?  He also broke both a written and oral contract to give the funds to Reading.  I'm curious about this and the bottom line is that Mark Baldwin should show us the money and prove it didn't mysteriously disappear.

Vacation

I'm away this week for some vacation.  I'll be back Friday afternoon so there won't be a Commissioners Meeting article.  Meanwhile be sure to read Mary Young's excellent coverage of those in the Eagle.  You can use the comment thread here to discuss the week's news.  See everyone again at the end of the week.  I'm off to the Virginia Eastern Shore.

DA's Drug Money Giveaway: Is It Legal?

Since Mark Baldwin announced he was turning over $1 million+ in seized drug money to the Berks County Community Foundation instead of the City of Reading there has been a lot of discussion about the issue.  The funds were seized by Reading Police officers in a raid in the City.  The District Attorney has a signed agreement with Reading to turn over 80% of all such proceeds to the City.

State law allows District Attorneys to determine who gets this money but it also has a strict determination of who is eligible.  From the statute:

(h) AUTHORIZATION TO UTILIZE PROPERTY, The district attorney and the Attorney General shall utilize forfeited property or proceeds thereof for the purpose of enforcing the provisions of The Controlled Substance, Drug, Device and Cosmetic Act.  In appropriate cases, the district attorney and the Attorney General may designate proceeds from forfeited property to be utilized by community based drug and crime-fighting programs and for relocation and protection of witnesses in criminal cases.

It appears that Mark Baldwin may be in violation of state law by giving this money to the Berks County Community Foundation.  The Foundation is a cornerstone of our community and it does considerable good but it isn't a "community based drug and crime-fighting organization."  The law uses the term "shall" which means these funds MUST be used in enforcing this particular law.  Various suggestions posed in public forums for using the $1 million for other purposes are equally illegal.

The law says this money MUST be used for enforcing this anti-drug law and nothing else.  It can go to the City or it can go to a community based drug and crime-fighting organization such as Weed and Seed.  The Berks County Community Foundation does much good but I doubt even they characterize themselves as a community drug and crime fighting organization.  In fact, nothing on their website identifies this as their mission.  As such not one penny of these funds can go to the Foundation.  That would be an obvious violation of the law.  How is the Foundation to administer and allocate these funds if they cannot take even a sliver of them to cover their expenses?  They cannot.

What community drug and crime fighting organizations could benefit from this money?  I can think of a few, Crime Alert Berks County, various neighborhood crime watch groups and Weed and Seed.  Of course Weed and Seed is already a collaboration involving the City.  Which of these groups can use and allocate this money better than the City in the quest to help enforce the Controlled Substances Act?  None.  Crime Alert handles many crime related cases, not just drugs.  Same with neighborhood groups.  I'm not sure how they can better utilize $1 million to combat illegal drugs better then the Reading Police Department.

It seems that, in order to comply with the law BCCF has to give this money to the City of Reading.  Funding additional police cruisers and overtime for officers working the streets to combat drug related crime is what the law requires this money do and no one can do that better or more effectively than they.

The law is quite clear on this and it appears the District Attorney is in violation of the law is one cent of this money is used other than to help enforce this particular law.  If the BCCF uses any of these proceeds for themselves, overhead or anything else they open themselves to litigation.  If they give any of this money to a group or organization not eligible under the law they are also vulnerable.  They have few choices.

Berks Presidential Campaigns Gearing Up

With Pennsylvania's primary apparently moving to February 12th next year we might actually have a say in who our nominee is this time.  Two organizations are already actively supporting candidates locally.  Berks For Obama has been meeting for a few months and has hosted two games at the Reading Phillies and tabled several events.  The local John Edwards' One Corps has also been visible by attending several events with sign tables.

As summer gears up with various community events both groups are interested in gaining new volunteers among those supporting either Barack Obama or John Edwards.  If you're interested here's some contact information:

Berks For Obama:  Cynthia Baughman at unionvilledemocrats@gmail.com

John Edwards:  Dave Miller at dmdjdave@msn.com

If there are other groups organized for other Democratic candidates let me know and I'll include your contact information.  I'll be attending a presidential event in Philadelphia July 2nd as a blogger covering the discussion.  The event is sponsored by ACORN.  I'll have a full report on The Pennsylvania Progressive.

Spectrum

I spent the afternoon at Kay Haring's beautiful house at a picnic for Spectrum.  This is a Planned Parenthood program for LGBT teens.  It provides support and a safe haven.  Spectrum is a vital program, especially for a community like Berks County.  There remains much intolerance, hatred and bigotry towards gay, lesbian, bisexual and transgender people here and youth are particularly vulnerable.  Many are thrown out of their homes or are shunned by parents and families.  Others are victimized through violence and harassment.

Spectrum is a program which meets Wednesday evenings and provides a place where these youth can congregate and feel safe and be themselves.  No one is there to judge them, just help.  Currently funding for Spectrum is provided through the Berks Community Foundation but more is needed.  Whether County contributions through CDBG's or state grants, this is an important program providing a specific need in our community and it needs more support.

Listening to these kids and their stories and how much they appreciate the program was touching.  I serve on the Planned Parenthood Advocates Board but, as is often the case, we Board members don't often enough get involved with all the programs.  Spectrum is an interest of mine because it serves my community.  Actually it serves our entire community because these teens are part of Berks County too and we need to provide them whatever support is needed.  If you are interested or can assist Spectrum let me know.

Update:  I've been informed that the grant from the Berks County Community Foundation has ended so funding for this important program is now over.  These teens need this kind of support group, as do older young people.   A new grant from BCCF is, hopefully, forthcoming but additional monies are also needed in order to expand the program.  As of now their age limit is 18 and another program is needed for those folks.  Of course what we really need is a GLBT community center but that's going to take someone with a lot of time to organize and facilitate.

Gillen Named Berks GOP Chair

Mark Gillen of Mohnton was elected Chair of the Berks Republican Party last night.  The Executive Board had elected him a few weeks ago but I decided to hold off announcing it until he was elected by the full Committee.  Gillen is also a GOP State Committee person along with his wife Kim.  You'll remember they peppered the county with yard signs during their run for state committee.

The Berks GOP has been in similar disarray as the Democrats of late.  Since Larry Medaglia Jr. stepped down at the end of his term they've had perils.  Ron Stanko was elected Chair, moved their website and promptly had it hacked.  He stepped aside temporarily last winter to run for Judge and they've been leaderless since.  After he won one of the slots in the primary he resigned.  Mark Gillen steps into a position where much needs to be done. 

I've only seen Gillen at a couple County Commissioners meetings where he came to speak out against a county wide police department.  His rationale seemed to be that since the Mohnton Police cater to his every whim, even allowing his little girl to sit in a police car, we shouldn't share our law enforcement assets and resources to make Berks County safe for everyone.  I was quite insulted and perturbed by his zealous selfishness.  I think this is a basic difference between Republicans and Democrats.  Republicans are concerned for themselves while Democrats are concerned for the entire community.

This Week's Commissioner's Meeting

Today's Commissioner's meeting was an annual highlight for county employees.  Every June is dairy month and the Dairy Princess arrives to give a speech and dispense ice cream.  Li'l Dairy Princess sings a little song which is the highlight for me.  The meeting had a couple presentations, one by Court Administration on quality of life matters and one about storm water management plans.

Tim Daley and Andy Price presented the proposed concept for using existing data on things like codes violations, rental properties,people on probation or parole, etc. to signal trending downward neighborhoods.  Police and codes enforcement personnel could better predict where problems and trouble could occur with these maps and help prevent the deterioration of the neighborhoods.  I would think this would be desirable information for anyone seeking to buy a home.  Nothing like knowing a block is going down the sewer before investing your hard earned cash.  I suspect the data will be kept secret however.

The storm water management plans were for the Sacony,Maiden and Swamp Creeks and tributaries of the Schuylkill.  They pinpoint areas where the soil allows good infiltration of rain water for seeping into our dwindling aquifers.  As more and more land gets developed and there's less open ground for water seeping into the ground we're witnessing more storm water runoff and flooding and less water reaching our aquifers.  Meanwhile every new home is tapping into those aquifers for water.

Bill Dennis announced an acceptable bid has finally arrived for redoing the steps in front/back, whatever, of the County Services Building.  The building had serious problems from contractors on top of being badly designed.  Anyone caught in a terminally long wait for a crowded elevator appreciates the bad planning part.  The fact the "front" of the building actually faces the railroad tracks (the building was, essentially, built backwards) and the steps there need replacement.  $116,000 is being transferred to pay for the construction.

A new employee travel policy was discussed once again.  This is an issue the Commissioners have been grappling with for some months.  The new proposal would require a minimum of $50 in expenses to be accrued before the Controller issues reimbursement.  In other words, if someone is using their personal car on county business the mileage must exceed $50 before they get repaid.  The logic behind this is the fact it costs the County that much to issue a check.  They're trying to reduce the amount of "nuisance checks" being issued so as to reduce costs.

The problem is they're doing it at county employees expense.  However Sandy Graffius reiterated she isn't trying to be a grinch and if anyone has a hardship she'll be willing to be flexible.  That sounds like the Sandy I know and I trust she'll be fair and generous as always.

I won't be at Thursday's meeting as I have family coming in and we're going to get together and visit.  As Judy said so sneeringly and condescendingly last week, I'm sure they'll muddle through without me even if she committed a sunshine act violation today.  Maybe they can and maybe they can't...

One final thought.  It might be nice if some county employees showed some respect to the Dairy Princess.  Being on television and giving a speech at her age is a big deal.  Let her do it and at least show some measure of interest out of respect instead of the inexcusable and raucous behavior I witnessed in front of me this morning.  Executive Assistants, especially, should know better.

Following Up

Following up on some recent developments there are a few updates.  First, though, I'd like to thank everyone who reads and participates at my main blog for the recognition we received this week as the third most influential political blog in Pennsylvania.  The Pennsylvania Progressive IS a group effort.

I got a call back from the ACLU last Friday regarding Judge Scott Keller.  We reviewed the case from where he illegally evicted me from his courtroom without any attempt to discern facts or credibility.  He has proved, beyond any reasonable doubt, he's a bad judge and shouldn't be sitting on the bench.   He threw me out of his courtroom because I've been catching him in irregularities.  He thought he could intimidate me but, instead, I'm asking for sanctions and disciplinary action be taken against him.  His ten year term expires in 2009 and we must remove him from office.

The lawsuit against Keller et al is proceeding and it appears all the defendants have lawyered up.

Keeping on the subject of Judges I had the chance at this month's Democratic State Committee meeting to speak with our candidates for Superior and Supreme Court.  I'll do profiles on them this fall on my state blog.  There are major differences in choice this year when we go to elect judges.  Keller is a good example of what happens when bad judges get elected.

As for the County Committee meeting Saturday some people brought to my attention some comments made after I left.  The Chair, Tom Herman, was making his report when 11 am came and I had to exit for another meeting.  The Chair's report is normally not even worth listening to as, instead of news, updates and business, he pats himself on the back for stuff he didn't even do and goes on monotonously in platitudes.  This time he addressed a few of the concerns I've discussed here.

Herman said he appointed "Skimmer" Boyd Winegardner to the vacant State Committee position because "he couldn't find anyone who has done more for the Party."  He neglected the part where Boyd gets paid to do that.  I suppose then, the way to get an appointment to State Committee is to get a job skimming our cash so we can't support candidates, misappropriate funds, not be able to keep books even though you're the "business manager" (by the way who determined that and what qualifications does he have for the job?), and not even be able to keep posted office hours.  I can't tell you the number of times I've stopped by that office during posted hours to find it locked.

Tom Herman also acknowledged, I understand, that he and Boyd have been authorizing the expenditure of funds.  There's one major problem with this:  they don't have any legal authority to do so.  As such this constitutes the misappropriation of funds and is criminal.  Can someone say malfeasance?'  I've also been corrected in that this would be the Attorney General's purview for prosecution, not the DA's.  Regardless, the state BCEL has been formally asked to open an investigation.  At least he's already confessed.

I've spent the past year trying to change the improper and illegal way we do business.  None of the leadership has been willing to comply or change anything.  They've turned blind eyes and deaf ears.  Saturday was their opportunity to announce changes in policies and procedures and none were forthcoming.  Since nothing else seems capable of getting their attention the only alternative remedy is law enforcement.  We must do things properly and legally, one way or the other.  We also have the right to know why all financial controls were concentrated in one person and why that person has steadfastly refused access to the books and monies.  We have the right to know whether this is because of any possible missing funds.  The Chair obviously doesn't agree with those rights since he failed to change anything.

Another Painful County Committee Meeting

These meetings have become so awful many regular Committee people have stopped attending.  No wonder since nothing is getting done.  I had to leave Saturday's meeting at 11 am to get to Trexlertown for a 12:30 Planned Parenthood Advocates Board meeting so I was mercilessly spared some of the torture.  In the ninety minutes I sat through no Committee business was conducted other than approving routine reports.

How on earth do you let a meeting go 90 minutes without accomplishing anything?  You begin by, again, requiring the minutes of the previous horrible meeting (which probably didn't even have a quorum but no one objected) until no one was paying attention any further (most were asleep by the end of the recitation).  I don't attend any other meeting where minutes are read into the record.  Why can't we email minutes to everyone before the meeting and have copies at the door for those without email?  This would save a lot of time and be more effective.

Of course common sense has no place in our County Committee.  When a discussion took place debating how we're going to appoint some replacement candidates for several local races before the deadline, Don Raifsnider proposed the heretical idea of simply moving our meeting up a week.  You'd have thought some people were going to become unglued at the prospect of not meeting on the third Saturday!  A few misinformed morons seem to think the by laws require this third Saturday routine.  They don't.  The by laws only specify that the four year organizing meeting be held the third Saturday after the election when new Committee people are elected.  It says NOTHING about what day regular meetings are to be held.

There is this sense that we must do everything the way it's always been done or we don't do them at all around this group.  The December Executive Board meeting was canceled because it fell on December 26th.  It never occurred to anyone to simply reschedule....

Saturday's meeting droned on because the rules were suspended to allow speakers to address the group before business was conducted.  WE HAVE TO STOP DOING THIS.  The purpose of the meeting is to conduct our business, not hear from assorted candidates and elected officials.  If they want to speak they can wait and maybe, perhaps, even be around to listen to what we have to say on some of the important issues of the day.  I doubt any of the candidates had any pressing campaign engagements on a June Saturday (except for Mike Morrill who was in a parade in Reading).  Mike was prohibited from speaking anyway by the Chair, Caltagirone's sockpuppet.   Traitor Tom was allowed to speak and to take some potshots at Morrill who wasn't allowed to respond.

By the time we get to the business at hand all anyone wants to do is escape the meeting.  Quite a few people are surmising this is the Chair's strategy.  We have some critically important issues to discuss, things I've been bringing up here since it's nigh upon impossible to discuss them at meetings.  Not one of the issues I've raised here was addressed Saturday.  The Treasurer ignored them in his report (by the way who authorized those expenditures?) or the Chair or the Financial Secretary.   The result is that I've taken action personally to see that laws and by laws will begin to be enforced and the books get audited.  If our Chair and our elected Board members refuse to exercise their legal, fiduciary duties authorities from outside the organization will do so and then we'll hold them accountable for any failings. 

I'm perturbed by the method the Chair uses to run our meetings.  He calls for the question without calling for discussion.  He announces "the ayes have it" before even listening for nays.  The refusal to allow discussion is especially upsetting because it prevents me from challenging the Treasurer and Financial Secretary's reports.  I suppose this is the only venue left for me to do so.

Who did authorize the expenditures listed in the Treasurer's report?  I know we didn't, we never do.  I also know from friends who attend Executive Board meetings they don't either.  Rules and by laws require that no funds can be expended legally unless approved.  We have no annual budget we approve and authorize so, legally, no money can be expended unless voted upon and approved.  I'm afraid I'm going to have to insist that no County Committee money be spent for anything from this moment forward unless authorization is provided.  A visit to the District Attorney's office may be in order if they don't comply.

Reading Eagle Shuns Blog In Story

This morning's Reading Eagle included a story about Bernie Kieklak, Chief of Staff for Sen. Lisa Boscola.  He is in hot water for numerous offensive comments he placed on the blog Lehigh Valley Ramblings.  Sen. Boscola represents the Lehigh area in Harrisburg.  Her assistant left some very disturbing comments on Bernie O'Hare's blog last week and he, thinking it was newsworthy, assembled them into an article for his blog.

Bernie O'Hare, the owner of Lehigh Valley Ramblings, first broke this story (after all it was all on his blog).  The Morning Call then wrote a front page article about Kieklak's conduct.  You'd never know this from reading the Reading Eagle article today.   In fact, they mistakenly credit the Morning Call for the entire story and don't even mention O'Hare's blog.

This is quite a slight and insult to someone who works hard exposing wrongdoing and mischief in Northhampton County with his writing.  It bothers me that the Eagle would alter the wire story about the issue by deleting references to Lehigh Valley Ramblings.  What are they afraid of, blogs?  Alright sometimes we scoop them on news now and then.  What do they expect when they lose an ace political reporter (Kori Walter) and just dump his beat on someone else's desk?