Our Director of Finance works for free!

Not only does Susan Morgans work for free, it has been pointed out to me that Andrew McCreery also works for free. Andrew McCreery Statement of Financial Interests

One would think that the Director of Finance would be a little more mindful filling out financial disclosure statements. Our municipal employees sure go above and beyond working for us. They donate their services - just like the hunters and property owners donate their properties!

Complaints filed with PA Ethics Commission against Birks and Cappucci UPDATED AGAIN

Press Release

On April 26, 2017, formal complaints were filed with the Pennsylvania Ethics Commission against Mt. Lebanon School Board President, Mary D. Birks and former Mt. Lebanon School Board President/current Mt. Lebanon School Board Director candidate, Elaine Cappucci.

Cappucci, Birks, School Board Director Dan Remely, and newcomer Katie Caste are running on the same slate in the May Primary.

Documentation submitted to the PA Ethics Commission include:

Summary of ethics complaints

Complaint filed against Elaine Cappucci

Complaint filed against Mary D. Birks

Steinhauer Amended Contract

RTK response cover letter dated April 24, 2017

RTK response to April 10, 2017 request

Outreach vouchers, minutes, and votes

https://www.applitrack.com/mtlsd/OnlineApp/JobPostings/view.asp?Category=Teacher/&AppliTrackJobId=471&AppliTrackLayoutMode=detail&AppliTrackViewPosting=1

Elaine Cappucci, longtime Mt. Lebanon school board member, resigns


The PG picked up the Mary Birks story here:

Mt. Lebanon school board president to refrain from votes for nonprofit


Remember how VP Bill Moorhead said that it wasn't a conflict? and Schoolboard President and Outreach SECOND REQUEST Well, it is.

Update May 5, 2017 10:47 AM As I explained to the reporter, the copy of the complaints was not notarized. I scanned the complaints before they were notarized, got them notarized, and then mailed them. Here are copies of the receipts. Track the number 7016 0910 0002 2878 8566 at usps.com for proof of delivery. Notary receipt is also available.

Proof of delivery click here

Notary and postage receipts

Also, I did not file the RTK as stated in the article. It was sent to me by a Lebo Citizens reader.

Update May 6, 2017 7:31 AM A RTK was filed (not by me) for the Statements of Financial Interests for those required to file by May 1 in the School District. It can be found here. Check out page seven. It is the SFI of Elaine Cappucci's neighbor on Roycroft. She was PTA President, and is now Dean of Students. 

2017 Commission candidates Statements of Financial Interests

2017 Commission candidates Statements of Financial Interests

Also, the website for Ward 4's Bob Fischer is votefischer.com. Bob's committee is hosting a meet and greet on May 4th at Primanti's, from 5:30 PM - 7:00 PM. A donation of $25 per person or $40 per couple is requested.

After doing the math...

Remember this post, Mt. Lebanon aims for financial transparency ? Trying to get the Statements of Financial Interests from the Municipality has been quite an ordeal. A long and tedious email exchange with Bonnie Cross, Dave Brumfield, and Keith McGill followed. Click the link to read the email exchange - reading the BS from Dave Brumfield indicates that he doesn't read emails. I listed why the volume of RTKs have increased.

After doing the math,

I heard back from Manager McGill:

From: Keith Mcgill <kmcgill@mtlebanon.org>
To: egillen476 <egillen476@aol.com>
Cc: Bonnie Cross <bcross@mtlebanon.org>
Sent: Sat, May 21, 2016 11:42 am
Subject: Re: RTK spam

Elaine,

There are 82 pages total minus 5 pages that you have received electronically for a total of 77 pages. The cost would be $19.25.

Keith

On Sat, May 21, 2016 at 4:02 AM, egillen476@aol.com <egillen476@aol.com> wrote:

Keith,

You may remember the spam and duplications that I was charged 25¢ a copy in a RTK from January 2016.

https://drive.google.com/file/d/0B9r_1biKte_bWmlYYzVSUG03ejA/view?usp=sharing

That resulted in Andrew McCreery issuing me a refund check - I'm guessing it was around $5.00. 

All that added work could have been avoided had Bonnie checked the copies, rather than relying on the copier to count the copies. 

Even the seventeen pages that are sitting in front of Judge O'Brien contained a blank page. He remarked about that at the judicial review. That blank page breaks down to costing me $235.29 in legal fees. How much is that blank page costing the municipality? 

Please end Bonnie's foolishness. Please give me an exact count of pages so that I know how much those public statements of financial interests will cost me in the end. Had these documents been scanned from the start, as they should have been, or you permitting me to copy them using my equipment as the OOR and Ethics Commission state on their websites, we would have been done with this matter by now. 

Elaine

-- 

Keith McGill, AICP
Municipal Manager
412-343-3684
kmcgill@mtlebanon.org 

To which I replied:

From: egillen476 <egillen476@aol.com>
To: kmcgill <kmcgill@mtlebanon.org>
Cc: bcross <bcross@mtlebanon.org>; repmiller <repmiller@pahouse.net>; commission <commission@mtlebanon.org>; nick; david
Sent: Sat, May 21, 2016 12:33 pm
Subject: Re: RTK spam

Boy, that was easy. Thank you, Keith. 

I will bite the bullet and PAY for those public statements of financial interests, which technically should be available for us to copy for free. I will scan them and put them on my blog, so that David, Nick and any others don't have to be charged for the same information. What a racket you guys have going.

I will be bringing this up to the executive director of the Office of Open Records at Rep. Miller's Right To Know Information Session scheduled for September. I hope you all are planning to attend. You need it the most.

This is criminal.

Elaine Gillen

As of May 25, 2016 at 7:07 AM, I have not heard back from Bonnie Cross as to when my copies will be ready. Still more to follow.

Mt. Lebanon aims for financial transparency

Mt. Lebanon aims for financial transparency
The Almanac

From: egillen476 <egillen476@aol.com>
To: commission <commission@mtlebanon.org>; amccreery <amccreery@mtlebanon.org>; kmcgill <kmcgill@mtlebanon.org>
Cc: repmiller <repmiller@pahouse.net>;
Sent: Thu, May 12, 2016 7:38 pm
Subject: financial transparency

Baby steps, but going in the right direction. How about posting the statements of financial interests online, like they do for state representatives? There will be no worries about scanning, damaging originals, charging for copies, filing RTKs, etc. It would be all good.

Elaine Gillen

The above email was sent after several days of emails and RTKs filed over statements of financial interests. Every year, public officials are required to file statements of financial interests a.k.a. financial disclosure statements by May 1 for the previous year. 

Here is what came back from the school district. 

Thank you for writing to Mt. Lebanon School District with your request for information pursuant to the Pennsylvania Right-To-Know Law.

On May 2, 2016, we received your request for all Statements of Financial Interests filed in 2016 by those who are required to file them.

Attached is a response to your request and any responsive documents.

Sincerely,

Jeanine Szalinski
Administrative Assistant/Open Records Officer/

Assistant Board Secretary
Superintendent's Office
Mt. Lebanon School District
7 Horsman Drive
Pittsburgh PA  15228
412.344.2077

2016 MTLSD Statements of Financial Interests No fuss, no charges, no delays. Even a polite note.

********

Here is what came back from the municipality for Requestor 1. Read from the bottom - up.

From: David Brumfield [mailto:dbrumfield@mtlebanon.org]
Sent: Wednesday, May 11, 2016 2:21 PM
To: Requestor 1
Subject: Re: FW: Scanned from a Xerox Multifunction Printer

Requestor 1,

We do not have a procedure because we do not allow it. Further the state does not require us to. If they did I would fight it because we are responsible for those original documents. We cannot risk a resident losing, damaging or even destroying any such document in an attempt to copy it.

Dave Brumfield

On May 11, 2016 10:13 AM, Requestor 1 wrote:

Mr. Brumfield, 

As my Ward 4 representative, can you please find out, what is the procedure for taxpayers to come to the municipal building to make copies of documents that are requested through the right to know laws that are not in electronic format? 

It’s obvious that I have been ignored and lied to on this issue for quite some time now.  

Thank you, 

Requestor 1

From: Requestor 1
Sent: Tuesday, May 10, 2016 12:55 PM
To: 'Bonnie Cross' <bcross@mtlebanon.org>
Cc: Commission (commission@mtlebanon.org) <commission@mtlebanon.org>; kmcgill@mtlebanon.org
Subject: RE: Scanned from a Xerox Multifunction Printer

What is the procedure for me to personally come by to make copies using my own equipment as the law implies?

From: Bonnie Cross [mailto:bcross@mtlebanon.org]
Sent: Tuesday, May 10, 2016 12:48 PM
To: Requestor 1
Subject: Re: Scanned from a Xerox Multifunction Printer

Requestor 1,

We have four in electronic format; the remainder are paper. 

SFI McGill 

SFI Weis

SFI Bendel

SFI Noble

One of the four -- the one for Mr. Weis -- did not attach properly.  I am attaching that one again now.  

On Tue, May 10, 2016 at 12:34 PM, Requestor 1 wrote:

Bonnie, 

I have only 3 SFI’s that you sent me. Is this correct? 

From: Bonnie Cross [mailto:bcross@mtlebanon.org]

Sent: Tuesday, May 10, 2016 12:23 PM
To: Requestor 1

Subject: Fwd: Scanned from a Xerox Multifunction Printer

Requestor 1 

Please find attached a response to your RTK request. 

Regards, 

--

Bonnie Cross

From: bcross@mtlebanon.org
Date: Tue, 10 May 2016 10:15:02 -0400
Subject: Fwd: Scanned from a Xerox Multifunction Printer
To: Requestor

Requestor,

Attached, please find a response to your RTK request.  I apologize for my tardiness in responding.

Regards,

-- 

Bonnie Cross

​RTK Officer​

So here is Requestor 2's experience:

From: Requestor 2
To: Keith Mcgill <kmcgill@mtlebanon.org>
Cc: Bonnie Cross <bcross@mtlebanon.org>; commission <commission@mtlebanon.org>
Sent: Tue, May 10, 2016 9:04 am
Subject: RE: RTK Request SFI

Mr. McGill,

I have not heard back from the municipality regarding my request.

From the Pennsylvania Ethics Committee website:

Statements of Financial Interests filed pursuant to the Ethics Act are public documents. The Ethics Act provides that all Statements of Financial Interests filed pursuant to the Ethics Act must be made available for public inspection and copying.

Here is the specific language of the law regarding the Statements of Financial Interests filed by all public officials in Pennsylvania:

§19.4.  Availability of Statements of Financial Interests.

(a) Statements of Financial Interests filed with the Commission under the act are available for public inspection and copying at a charge not to exceed actual cost at the office of the Commission in Harrisburg, Pennsylvania between the hours of 8 a.m. and 5 p.m., weekdays.

(b) A governmental body required to maintain Statements of Financial Interests shall make them available for public inspection and copying during regular business hours.

(c) Statements of Financial Interests more than 1 year old will be made available for public inspection and copying within 2 working days after the request has been made for the Statements.  The Statements will be kept on file for 5 years.

County and local officials and employees must file their Statements of Financial Interest "with the governing body of the political subdivision in which they serve or are employed. "

What part of "shall make them available for public inspection" don't you understand?

Requestor 2

---

From: kmcgill@mtlebanon.org
Date: Mon, 2 May 2016 07:38:55 -0400
Subject: Re: RTK Request SFI
To: Requestor 2
CC: bcross@mtlebanon.org

Good morning Requestor 2,

Bonnie Cross is the Right to Know officer for the municipality. I will forward your request to her.

Keith

On Mon, May 2, 2016 at 7:29 AM, Requestor 2 wrote:

See attached pdf and acknowledge receipt of same.

-- 

Keith McGill, AICP
Municipal Manager/Municipal Planner
412-343-3684
kmcgill@mtlebanon.org 

*******

So this is what I sent:

Keith, I have attached the RTK that was from 2014. There were 70 pages from Mt. Lebanon's former manager, Steve Feller's RTK response.

Then I sent:

Keith and Commissioners,

Attached are 57 pages of 2016 Statements of Financial Interests (of 2015) from the Mt. Lebanon School District. The RTK was granted in a timely fashion, within five days. All of the statements were scanned and emailed with no cost to the requestor.

Earlier today, I shared the municipal 2014 statements from Steve Feller, again sent within five days and no cost were incurred by the requestor. All were scanned and emailed.

Why are you making an annual request so difficult? These are very important documents and the request should not be taken lightly. 

I have attached my Right To Know request for Statements of Financial Interests.

Elaine Gillen

******

We'll see what happens...

Caught in a lie again UPDATED 4X

Coleen Vuono is quite a piece of work. She has submitted her THIRD statement of financial interests, and all say different things.

When serving on a board or authority, staff, or commission or running on the ballot for commission, a statement of financial interests must be filed. I asked about submitting one since I was a write -in candidate, but was told that only if I would win. I had submitted a SFI when I was on the ballot in 2011. Since Coleen was on the Parking Board, she had submitted this one. Steve Feller made a note to use it when she was appointed as a commissioner, a no-no.

When this discrepancy was uncovered, a Right To Know was filed which resulted in Coleen filing a second SFI. Of course, a nasty email from Coleen was issued to the requestor.

Noticing that her Stage 2 Sell business was not listed, a complaint was filed with the Ethics Commission. That resulted in a third version submitted by Coleen. Today, a new SFI was sent from the Ethics Commission.

Still uneasy about Coleen's eligibility as Ward 3 commissioner, I sent this to her, copied the commission, interim manager Keith McGill, and Solicitor Phil Weis:

Coleen,

I have attached several of your statements of financial interests. Does Mt. Lebanon have your latest and greatest that came from the Ethics Commission? I wanted to make sure that the municipality had your most recent SFI. I am to assume that the one that came from the Ethics Commission would be the most accurate.

Would you mind proving that you are still living in Ward 3? With the moving truck outside of 31 Woodland this past week, your dossier posted on the municipal website shows your residence as Woodland Drive. Since you have a history of submitting SFI that vary from month to month, I do not know what to believe. What street have you moved to? And will you please see to it that your dossier is updated on the municipal website? 

Thank you.

Elaine Gillen

Ward 3 resident, who is required to provide my address every time I come to the podium

I will update everyone when I hear back from Coleen. If she is not in Ward 3, she cannot vote as a commissioner!!!

Update November 14, 2015 9:14 PM From Nick Meduho:

From: Keith Mcgill [mailto:kmcgill@mtlebanon.org]
Sent: Saturday, November 14, 2015 7:55 PM
To: Nicholas Meduho Jr
Cc: Bonnie Cross <bcross@mtlebanon.org>; Commission <commission@mtlebanon.org>
Subject: Re: FW: RTK Request

Mr. Meduho,

The municipality has Commissioner Vuono's most recent form on file. The form dated November 3rd was personally provided to me by Ms. Commissioner Vuono on November 5th. No she will not need to file another form. The statement of financial disclosure is for the year 2014.

The SOFI provided by Ms. Cross was the most recent one in the possession of the municipality at the time it was provided.

On Sat, Nov 14, 2015 at 6:17 PM, Nicholas Meduho Jr wrote:

Hi Bonnie,

On October 28^th I filed a right to know asking for the most recent Statement of Financial Interests form from Coleen Vuono. On November 4^th you responded with her SFI form dated October 25^th .

I find out today, the most recent form wasn’t the most recent form. Her most recent form is dated November 3^rd. So I have to question, did you not have this most recent form available prior to you sending me the one dated October 25^th?

What form do you currently have on file now? Does Mt. Lebanon have in their possession the most recent one dated November 3^rd?  

Also, if you know, will Coleen Vuono need to submit a new form when she moves to a new address?

Thank you Bonnie,

Nicholas Meduho

Mt. Lebanon, PA

Update November 15, 2015 6:36 AM It continues:

From:	egillen476 <egillen476@aol.com>
To:	cvuono <cvuono@mtlebanon.org>; commission <commission@mtlebanon.org>; kmcgill <kmcgill@mtlebanon.org>; philip.weis <philip.weis@bipc.com>; Nicholas Meduho
Cc:	repmiller <repmiller@pahouse.net>
Subject:	Re: Statements of Financial Interests
Date:	Sun, Nov 15, 2015 6:30 am

---

I beg to differ, Coleen. I am required to provide my address every time I address the commission, which may be more than once during the course of a commission meeting. I believe it is to prove my Mt. Lebanon residency, according to the Office of Open Records. You are a public servant; commissioner of Ward 3, who sadly can't spell your fellow colleague's name correctly. I am asking you yet again, since you have a history of providing varying degrees of facts in your SFI, please prove your eligibility by stating your new address and see that your dossier is updated on the Municipality of Mt. Lebanon's website. 

Thank you.

Elaine Gillen

-----Original Message-----
From: Coleen Vuono <cvuono@mtlebanon.org>
To: egillen476 <egillen476@aol.com>; Commission <commission@mtlebanon.org>; Keith Mcgill <kmcgill@mtlebanon.org>; Philip Weis <philip.weis@bipc.com>; Nicholas Meduho
Sent: Sun, Nov 15, 2015 12:15 am
Subject: Re: Statements of Financial Interests

Ms. Gillen,

Please ask Mr. Meduho about the response he received from Keith McGill about my statement of financial interest form. It has been filed with the State Ethics Commission and with Mt. Lebanon.

You asked at the commission meeting on 11/10 if I was still a resident of the third ward. Commissioner Bromfield responded to your question. There is nothing more to say.

Since I made the proposal to add sharpshooting to our deer management program you have been harassing me via email. I'm advising you to stop.

Coleen Vuono

Update November 15, 2015 11:25 AM March 2014 Stage 2 Sell ad in mtl Magazine and asking again for information as to residency requirements. I filed a Right To Know asking for proof of Coleen Vuono's Ward 3 residency.

Update November 15, 2015 6:54 PM 31 Woodland was sold on Friday, November 13, 2015 for $375,000. It is 46 days until January 1. Coleen's term ends on December 31, 2015. If Coleen turns in her resignation tomorrow, the commission will not have to find a replacement for her. As of today, there are 45 days until December 31, 2015. Section 309 of the Home Rule Charter (http://mtlebanon.org/DocumentCenter/Home/View/3860) states that the commission must fill the vacancy within 45 days after the vacancy occurs.

T-R-A-N-S-P-A-R-E-N-C-Y

At last night's Policy Committee meeting, a resident asked a question about our newest School Board Director's financial disclosure statement.  Under the Ethics Commission law, ten days before taking the oath of office, a financial statement of interest must be filed with the local agency.  Our newest School Board Director offered to answer the question, but could not give a direct answer.  Mrs. Birks interrupted the resident by mentioning a situation that occurred with a former Director a few years ago.  The Solicitor took the opportunity to take Mrs. Birks' words and twist them into the resident's words.  The resident was questioning the status of newest School Board Director's financial statement of interest.  I guess we have to file a Right To Know for the answer.  It was also brought up that the Joint Steering Committee should be open to the public.  Here we go again with the District's lack of transparency and lack of respect towards its constituents.  The scary part of all of this is that our newest School Board Director, a lawyer, is the new head of the Policy Committee.  02 01 2011 Policy Committee podcast