Pattye Benson

Community Matters

Berwyn Banter . . . Ray Hoffman’s Remarks on Homosexuality Evoke Strong Response from Local Residents

April 2, 2011
20 Comments

In reading the Letters to the Editor in the Main Line Media News, there were several references to Ray Hoffman’s Berwyn Banter column from March 24, 2011, which before writing this post, I had not read.

In the past, Hoffman’s columns have generally focused on local community events such as restaurant opening and closings, funerals, sports and school events, the Fire Company, etc. His remarks can be informational and are often times laced with his opinion on local politics and people. Occasionally, Berwyn Banter has provided personal opinions on other topics, including an obvious disdain for online news sources, including blogs. Unfortunately, on several instances, Hoffman has referenced both me as a political candidate and Community Matters in a very negative, disrespectful manner.

Unlike the dialogue that Community Matters topics often evoke, Hoffman’s Berwyn Banter columns rarely produce any comments. I choose rather than responding directly to his criticisms, to simply ignore his rancor, preferring to believe in the mantra ‘what goes around comes around’. Apparently, for Mr. Hoffman, that concept may have hit home for him; his last Berwyn Banter column which referenced his moral outrage over the Catholic Church priests has received negative response from local residents.

To be clear, I too am outraged over any child who has suffered abuse at the hands of Catholic priests (or any adult). However, for Hoffman to suggest in his column that pedophilia and homosexuality are synonymous; and “the work of evil incarnate and therefore unforgivable”, has taken his opinion, to a very difficult and hard to understand place. One can describe pedophiles who prey on innocent children as evil and their behavior unforgivable but it saddens me greatly to read that Hoffman imposes the same standard in his description of homosexuals. Growing up gay in America and facing religious intolerance and persecution can prove a challenge for many of today’s youth as they struggle to fit in and to ‘belong’. Hoffman’s words are painful to read.

My concern for Hoffman’s apparent intolerance of homosexuality is echoed in one of this week’s letters to the editor from Liz Young of Wayne. She writes . . .

“ . . . The biggest misunderstanding many people have is that pedophilia and homosexuality are one and the same. But to say that all homosexuals are pedophiles, or that all pedophiles are homosexual, is like comparing apples to rat poison. . .

Statements like those of Mr. Hoffman inspire hate crimes. In many parts of the world, including our own country, we have made strides in tolerance and acceptance. Do we really want to go backward to a world where members of disliked minority groups were stereotyped as representing a danger to the majority’s most vulnerable members? For example, Jews in the Middle Ages were accused of murdering Christian babies in ritual sacrifices. Black men in the United States were often lynched after being falsely accused of raping white women. . . “

I note that there is not a Berwyn Banter column in this week’s edition of the newspaper. I emailed Ray Hoffman but have not received a response, perhaps he is on vacation. [update: Ray Hoffman responded to my email, confirming that will he continue to write his column for the paper. He also corrected me that the column changed from ‘Berwyn Banter’ to Main Line Banter’ two years. ] The following is an excerpt from Ray Hoffman’s Berwyn Banter column of March 24, 2011. To read the entire column, click here.

Moral Outrage over Catholic Scandal . . .

Nobody asked me but I think that there needs to be another level of defined sin in the Roman Catholic Church. Mortal and venial sin each has a long litany of offenses identified over the centuries, and one might think that this multitude of imperfections and separation from God covered it all. Not so fast, my friends. A few short years ago, the white-hot spotlight of front-page press illuminated pedophilia among priests throughout the United States. Child abuse by priests was amok, even affecting legions of faithful families along the Main Line. As if this evil plague of child abuse were not enough in itself, the heinous cover-up by the church hierarchy of priests abusing innocent and trusting children was equally disgraceful. The world continues today to be further appalled by and mourns this unthinkable parasitical pestilence on a daily basis. As the incidences of child abuse grow in number and location, the question could well be asked: where and when does this stop?

Last week fellow columnist Henry Briggs joined a clamoring contingent of lamenting and lambasting journalists in the cry: “Enough!” Which brings me to my suggestion that there should be another level of defined sin within the Catholic Church: unforgivable sin. No ifs, ands and buts! Just unforgivable! I know that the basis of many organized religions is that God is a forgiving Creator and Father. But it is difficult for me to believe that my God would not have a hard time forgiving men who have prostrated themselves before him, vowing that they would do his will, and to have those men shatter the sanctity of young and innocent children who have been entrusted to their care and spiritual upbringing. What is even viler is that many of these offending pedophiles are also homosexuals. Pedophilia and homosexual behavior is more than mortal (deadly) sin. It is the work of evil incarnate and therefore unforgivable. . .

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Dry Weather Forecast for Open Land Conservancy’s Vine Day Tomorrow, Saturday 2 . . . Last Vine Day of the Season, Can you Spare a Couple of Hours?

April 1, 2011
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Has this winter left you suffering from cabin fever and a need to get outside for some fresh air? There’s a perfect opportunity tomorrow, Saturday, April 2 to help the community and celebrate the end of winter!

The Open Land Conservancy of Chester County will be holding its last Vine Day of the season on Saturday at George Lorimer Preserve, 9 AM – 12 Noon. Vines will be cut back so you will need to wear appropriate gloves and protective clothing. Volunteers are asked to bring tools if they have them — prunners, saws, clippers. But not to worry, the volunteers from Open Land Conservancy will have extra tools.

Lorimer Preserve is 88 acres of meadows, woods, ponds, stream, and extensive trail system are managed to provide a variety of habitats for wildlife in a beautiful rural setting.

Directions: head north on North Valley Road across Valley Creek, to entrance and parking lot on right. For further information on Vine Day and Open Land Conservancy, click here. Any questions, contact Ray Clarke at 610-578-0358.

Looking at this photo from the last Vine Day of Harold Sheinbach and Mac Wilson, it is obvious that these vines could use some attention! You can make a difference with a couple of hours of your time tomorrow. . . it’s the last Vine Day of the season.

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Harrisburg . . . Where’s the Light at the End of the Tunnel for School Districts and Taxpayers?

April 1, 2011
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At TESD’s Budget Workshop this week, we heard the words ‘demotion’ and ‘furlough’ offered by Superintendent Dan Waters as possibilities to close the district’s $3.5 million shortfall. Although admittedly I had not heard of using the ‘demotion’ concept as a cost-cutting budget measure, apparently the Spring-Ford Area school board ‘has’ and they ‘will’!

As taxpayers in the T/E School District listened to members of the school board and administration explain in meticulous detail the district finances, over in Limerick, the Spring-Ford Area School Board struggled with some hard choices to close their $11.3 million deficit. Not a publicly favored cost-cutting measure, the board voted to terminate 24 custodial jobs. Out-sourcing the custodian services will save the district $1 million in salaries and benefits. Does this cost-saving measure sound familiar? It should, TESD school board is considering out-sourcing custodial services to save $900K.

In addition to the custodial staff cuts, Spring-Ford area school board voted to cut 30 instructional assistant and one technology support assistant jobs, bringing the total loss of jobs in the district to 55. The school board voted to use the ‘demotion’ option to lower costs by reducing the Spring City Elementary School principal (who also serves as supervisor of staff development) to the position of part-time principal.

Under this form of demotion, the cost-savings is a salary reduction from $112,607 to $56,350. I understand that using ‘demotion’ to reduce work hours is not reflective of an individual employee’s performance, but the word has a real ‘negative’ spin. Although apparently legal to demote the position, reducing an elementary school principal to a 2-1/2 day work week would appear to be a drastic measure.

According to the Philadelphia Inquirer, the Philadelphia School District has raised their 2011-12 budget shortfall estimate to a whooping $629 million. To cope with city’s financial crisis, the administration is considering some extreme cost-cutting measures including the elimination of 413 positions, reducing individual school budgets by 13%, increasing class size, reducing transportation and possible programming cuts to the arts and gifted education departments. And there is also talk of reopening the Philadelphia Federation of Teachers union contract with the hope of saving $75 million. What does it take to reopen a teachers union contract?

This is such a difficult time for school districts and taxpayers . . . Harrisburg, where is the light at the end of the tunnel?

On the topic of school voucher program — It was interesting to note that in Haverford School District, the school board members have decided to take a stand on the proposed school voucher legislation. To show their disapproval of Senate Bill 1 (or any similar school voucher type of legislation), Haverford school board voted unanimously to make their objection in the form of a school district resolution and send a copy of the resolution to Harrisburg. Does T/E school board have a position on school vouchers? Has T/E school board passed a resolution opposing SB 1? Do you think that they should?

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Looks like Harrisburg Wants Local School Districts to solve their Own Budget Problems

March 30, 2011
33 Comments

Following-up on my post from yesterday concerning T/E School District’s financial outlook and the ongoing debate on how to close the $3.5 million+ budget gap, I don’t know how much help we can expect from Harrisburg.

Yesterday, at a Senate Appropriations Committee meeting, the Acting Education Secretary, Ronald Tomalis took a hard-line when it came to school district budgets, suggesting among other things, that they should have planned better with the federal stimulus money. He stood firm in his defense of Corbett’s proposed $1.2 billion buts to public and higher education.

Tomalis attitude towards successful public school education mirrored some of those that have commented on Community Matters. He suggests that success is not measured by how much school districts spend but rather there are other significant factors . . . quality of teachers, class size, etc. that make a difference. More money spent does not necessarily correlate to better education.

In reviewing the state’s public education funding in prior years, Tomalis noted that the budget has more than doubled over the last 10 years but that enrollment has dropped by 50,000 students, which translates to a higher per student cost. Interestingly, he suggests that the improvement in academic achievement has not increased as more money has been spent. Rather than looking at the money spent per child to educate as a tool to measure success, Tomalis’ theory is that graduation rates and test scores present a more accurate picture of individual school district success.

In looking at what has driven the upward spiral of spending in public education, Tomalis directed criticism at school district spending habits in recent years. He noted that $1.1 billion has gone toward teacher and administration raises rather than educational programming since the recession began in 2008, citing labor costs are determined at the local level. According to Tomalis, Corbett’s suggestion of a one-year salary freeze for public education employees was an attempt to help the school districts with their budget problems. In addition to saving school districts an estimated $400 million with this one-year freeze, Tomalis believes that as many as 4,000 public school jobs could be saved as a result of the salary freeze.

Many have commented on Community Matters that the fate of our local school district budget deficit needs to be addressed in Harrisburg but there seems an attitude from Tomalis that the problem rests squarely on the shoulders of local elected school board members. “We hire these leaders at the local levels to make the tough decisions,” Tomalis said. “And we don’t just hire them to lead in good budget times, but we hire them to lead in tough times, too”. Strong words from Harrisburg that sound a bit like a ‘you deal with it’ attitude towards the school boards. Interesting. I am hopeful that Tomalis’ remarks also include an expectation that local state representatives are to help their respective school districts manage their budget problems.

In discussing how school districts could find savings, Tomalis suggested that districts could share superintendents or share contracts for business operations. Another cost-saving suggestion was merging of school districts. There are currently 500 school districts in the state, and it is believed that state funding could be improved with fewer districts.

Much of the discussion at the committee meeting centered on what the state budget cuts will mean to the local school districts. How are the districts going to meet the demands of their budget? For many districts, the state funding cuts are going to force local property taxes to skyrocket. When questioned about the dramatic property tax increases for some residents violates Corbett’s pledge ‘not’ to raise taxes, Tomalis vehemently disagreed. I disagree with Tomalis disagreeing . . . if Pennsylvanians end up with a higher property tax bill because of state cuts in public education spending, that is a tax increase. I do not believe by pushing the increase down to the local level, removes the responsibility of the tax increase from our elected officials shoulders in Harrisburg. Is it fair for the governor’s budget to force school districts to raise property taxes?

Sen. Andy Dinniman questioned that some groups are saying there is potential that the budget cuts could destroy public education. Tomalis denied that there would be an impact to the quality of education with the budget cuts; suggesting that the federal stimulus money was the cause for the cuts. The stimulus money was an intended one-time use and now with that money gone, the state is left with a budget hole to fill. Accordingly, Tomalis blamed the school districts for not better planning for the end of stimulus money. “If you were told again and again that this is a funding cliff that is coming in two years, and you were advised not to make an expenditure that is going to lock in for five or 10 years down the road, it does matter,” said Tomalis.

In reading the transcript from the meeting, other education topics were discussed, including voucher program (Tomalis is a supporter), teacher furloughing, charter schools, etc. In addition there was discussion at the Senate Appropriations Committee meeting centered on higher education and the severe funding cuts to state universities and colleges. For the purposes of this post, I decided to focus my comments on the local school district funding issue.

Tomalis takes his education platform to the House Appropriations committee today.

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T/E School District Budget Options . . . Pay Waiver, Demotion & Furlough Discussion

March 29, 2011
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I attended the T/E marathon ‘Budget Workshop’ last night. For nearly 3 hours, the school board members and district administration waded through 30+ slides which contained so many charts and graphs, it was hard to take it all in. The slides and their detailed explanation took up the vast majority of the evening with probably the last 30 min. devoted to audience questions. The workshop included three new cost-saving ideas that were ‘new’ to me – a ‘pay waiver’, demotion and furlough.

There was a pivotal slide labeled ‘Options to Close Remaining Shortfall’ that grabbed my attention. Slide #26 indicates the remaining budget shortfall (after taking budget strategies) at $3,570,509. Two options listed to close the shortfall – (1) Outsourcing of custodial services $950K and (2) ‘Pay Waiver for remaining staff (TEEA and TENIG) $3,000,000. We understand the outsourcing option; an RFP has gone out with a return date of early April. An announcement detailing the results of the RFP should be available early May.

What is a ‘pay waiver’? If I understood it correctly, the school district would ask the teachers union not to take their contract guaranteed pay increase for 2011-12. This would be a one-time pay waiver (a give-back of sorts). Unlike a salary freeze that could be retroactive (as in the 6-month salary freeze in Radnor’s recent contract) or a salary freeze the first year but larger increases in the second year of a contract, a pay waiver would not be made up in a future contract. There was no indication that TEEA has been approached with this proposal. Although several school board members praised the teachers, they also suggested the reality and the severity of the economic times, call for a ‘shared sacrifice’ by the taxpayers, teachers, etc. This is a bold proposal and it will be interesting to see if there is any comment or discussion from TEEA.

The other ‘get my attention’ moment of the evening was Dr. Waters suggesting that the district would explore ‘demotion’ and ‘furlough’ as possible ways to close the shortfall. He cited PA School Code 1151 in regards to demotion. I did a bit of research and determined that Section 1151 of the School Code provides for the demotion of professional employees. While this section does not make mention of demotions for economic reasons, case law has established that school districts are permitted to demote professional employees for economic reasons, so long as such demotions are not arbitrary and capricious under the law. Expanding the provisions of Section 1124 would similarly allow school districts to furlough employees for economic reasons.

What would this mean for the school district budget? Far less staff would be affected and programming would be maintained. It appears that by law, the school district superintendent would be empowered to review the entire school system as a whole to identify where reduction in staff could occur. Very interesting news. I sensed a real determination from Dr. Waters that he was doing everything in his power to help with this budget deficit. Although he certainly did not say that he would evoke demotion or furlough measures, there will be further discussion on the subject.

Although there was much other discussion in regards to cost-cutting measures, these particular suggestions were ‘new’ to me and caught my attention. I left the meeting last night with a real sense of the seriousness of the financial situation and of the battle to close the $3.5 million remaining shortfall.

I would strongly suggest that State Rep Warren Kampf and Sen Andy Dinniman need to play a role in our local school district issues – I’d like to see a public forum with their attendance. I believe that I recently read that Kampf attended a Phoenixville School Board meeting (or one of their subcommittee meetings?). If Kampf or one of his staff workers is reading Community Matters, I am making a public appeal that he attend a T/E School Board meeting. . . . aside from serving as our State Representative, Kampf lives in the T/E school district and I would like to see him personally involved in our school district’s budget issues.

Ray Clarke also attended the budget workshop and provided his editorial comments.. It is interesting to have both perspectives of the evening and I thank Ray for his notes below:

Tonight’s TESD “Budget Workshop” did not really live up to its title, but was nevertheless an informative, if a little selective, exposition of the underlying forces driving the district’s finances – and driving them to steep deficits.

  • The real estate-based gravy train has run off the rails – the tax base is declining and there’s no sign of recovery in transfer taxes
  • The state is exacerbating the problem – reduction in the social security reimbursement, flat special education funding despite increasing enrollment, and a tax increase formula that will limit property tax increases to around ~1% for at least the next couple of years. There’s even talk of eliminating “Exceptions” and reducing the PSERS match – but that last would just be insane.
  • As it is, PSERS will be the biggest expense increase – up $1 million each year for the next two years, $1.5 for each of the two years after that and $3.5 million in 2015/16
  • The district has reduced staff by 60 in the last two years, but the vagaries of grade and school specific demographics will require a staff increase next year despite likely flat enrollment.
  • New news: there are tools within the PA School Code that would allow for selective staff “demotions” to meet budget deficit situations. This may be a way to implement previously attrition-dependent changes such as the teaching period changes at the high school.
  • With all known realistic strategies and a 3.77% property tax increase including the now-approved exceptions, the 2011/12 deficit would still be $3.6 million
  • Other ideas continue to be studied: $400,000 of reasonably tangible and realistic notions, and maybe an equal amount of less tangible but possibly realistic ones. A few multi-million dollar ideas with profound impact on the culture and educational quality are further on the list, but seem likely only in extremis.
  • Which brings us to the big issues, laid out individually by the administration: outsource custodial services and obtain a “pay waiver” from both the TEEA and TENIG. There was no indication that the Board has received any proposal from the unions, much less one that would forgo (“until better times”) $3 million of pay increases. However, there was considerable emphasis on the need for shared sacrifice, and it is starkly apparent how such a move could bring the deficit somewhat back into range. There was no commentary from the TEEA – unlike from the TENIG representatives, who, as at previous meetings, appealed to emotion rather than the pocket book. As that process evolves, it would be great if TENIG could quantify the cost savings they claim they could bring to the district.

Bottom line: my view is that the district continues to make the best of the hand it has (including of course, the cards picked up from generous previous contracts and other decisions). The key question: what will the unions do to show that they can remain relevant, and be part of the solution, not part of the problem?

And even if the deficit can be reined back some, PSERS remains the issue.

There was an interesting chart that documented the Employer Contribution Rate from 1988 to now. The rate started out at 19%, declined for 13 or 14 years to 1% (thanks to a booming stock market), at which point the benefit multiplier was increased to 2.5, COLA rules changed and bubbles burst, whereupon the ECR started up again, to next year’s 8.65% and then 33.37% by 2015/16 and for the next decade, even after last year’s Harrisburg “fix”. Employee contributions have been consistently 7.5%.

So, how to fix this (and the related SERS for state employees)? Any solution will likely have to be approved by taxpayers. If the problem is dumped in the local lap, the increases are fundamentally unaffordable without a referendum: be it for, say, 10% property tax increases or an equivalent EIT. Even if Harrisburg rose to the occasion, that might also involve a courageous appeal to voters: for a change in the Constitution (“Any unilateral substantial change in public employee pension benefits that constitutes a “net detriment” to the employees is a constitutionally impermissable impairment of the employment contract”), or for issuing a Pension Bond to deal with the unfunded liability.

Now there’s something to write to Dinniman and Kampf about!

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In a Show of Union Solidarity – Pennsylvania Teachers Unions Joining Forces with AFL-CIO

March 28, 2011
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We have watched the Governor of Wisconsin, Scott Walker and his battles with state employees over legislation to take away collective bargaining rights. Walker’s actions hit a cord across the country; public employees are drawing the battleground in Ohio, Florida, from coast to coast. Now we see it in Pennsylvania.

The proposed $1 billion budget cut to public education by Gov. Tom Corbett has driven three teachers unions in the Lehigh Valley area to organize. Because of school district budget deficits and state funding cuts, hundreds of teacher jobs are on the chopping block in the Lehigh Valley . . . the teacher unions are fighting back. In a show of solidarity, 3,500 teachers in the Allentown, Bethlehem Area and Easton Area school districts have voted to unite with union members from the Lehigh Valley Labor Council and Pennsylvania AFL-CIO. The teachers are joining forces with their brothers and sisters in the manufacturing, building and service unions to fight Harrisburg. The AFL-CIO membership in Pennsylvania has 900,000 union workers. Together, the unions believe they need to take a stand for the working middle class family in Pennsylvania.

With organized labor getting behind the teachers, one could guess that means additional financial support to help fight Harrisburg. Union members believing that Corbett’s budget is an attempt to balance the budgets on the backs of the working class, these 1.1 million voices are saying ‘no’ to the Governor and his proposed budget cuts for public education.

Exactly what these ‘voices’ have in mind for Harrisburg is yet to be seen. And I wonder if the TESD teachers will decide on a similar path to the Lehigh Valley teachers as the school board works to balance the district budget and as the calendar moves closer to contract negotiations.

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Property Values are Falling & Real Estate Taxes are Soaring Across the US . . . What’s the answer?

March 26, 2011
57 Comments

Here’s an interesting read in Bloomberg Business Week – thanks to a reader for supplying the link.

The article, “Property Taxes Reach the Breaking Point . . . Local governments are raising property taxes to plug budget gaps as home values fall – and voters are getting sick of it” discusses rising property taxes and decreasing real estate values throughout the country. According to the article, because about one in four of residents mortgages are ‘under water’ across the country, many local governments and school districts are forced into increasing property taxes to meet budget deficits. However, the problem as we are acutely aware is that much of the country’s home values have fallen dramatically.

Historically, local governments have depended on property taxes as a stable revenue source. Nationally, approximately 50% of property tax revenue goes to fund school districts. How does a school district provide adequate school funding without raising property taxes beyond the scope of an individual’s ability to pay? The article looked at specific states and their property taxes – and how local governments are balancing the needs of school budgets (and deficits) with the increase in property taxes issues.

In 2010, New Jersey residents received the distinction of paying the highest average property tax in the US – an average of $7.576 (an increase of 78.7% since 1999!). Surveying all 3,100 counties in the US, residents in Hunterdon County, New Jersey paid the highest median real estate taxes per year — $8,216. As a direct result of increasing property taxes, in 2010, New Jersey capped the property tax increase by local governments at 2 percent.

Can you guess which county in Pennsylvania has the highest median real taxes paid by its residents . . . Chester County! Below is the real estate property tax information provided from Business Week for Pennsylvania:

  • Most property tax paid in Pennsylvania: Chester County
  • Median Property Taxes Paid on Homes: $4,011
  • Median Home Value: $328,900
  • Taxes as Percent of Income: 4.12%

The property tax problem is interrelated with the local school districts and includes an inequity and inadequacy inherent in real estate property taxing; and therefore filters into the problems funding public education. And today funding public education is the central problem. For years, property tax has provided the major funding source for public education but is that the solution for the 21st century?

Is a property tax capable of adequately or fairly funding the school districts, especially given the current declining real estate values? To offset Corbett’s proposed budget, which includes major funding to public education, what is going to be the answer? The bottom lines for budget deficits require school districts to either lower expenses (or rely on fund balance) or continue to raise property taxes. And as we read in the BusinessWeek article, Chester County currently has the distinction of the highest property taxes of all counties in Pennsylvania.

Discussions on the T/E School District budget will continue on Monday, March 28, 7:30 PM at Conestoga HS. The Budget Workshop will update on the current status of the 2011-12 school district budget. The meeting will focus on the budget process and discuss remaining potential budget strategies to close the budget deficit. Click here for the agenda.

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Former Employee Files $2.1 Million Civil Lawsuit against Tredyffrin Township Board of Supervisors, claiming Defamation of Character & Gross Negligence . . . has the statute of limitations run out?

March 25, 2011
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This week former Assistant Finance Director for Tredyffrin Township (2000-03) John Yeager filed a $2.1 million civil lawsuit against the Board of Supervisors of Tredyffrin Township. The lawsuit was filed on Monday, March 21, 2011 at the Chester County Court of Pleas. To read the 5-page legal document, click here – provides for an interesting walk down memory lane. (If you click on the link to the lawsuit, when the box opens up, click on the link in the top of the box and the document will open).

In his lawsuit, John Yeager is claiming defamation of character and gross negligence charges against Tredyffrin Township Board of Supervisors in regards to his hiring (and ultimate firing) by Harry Marrone, the municipality’s former Finance Director.

Talk about a name from the past – Harry Marrone! Anyone remember Tredyffrin’s Finance Director pre-Dave Brill . . . Harry Marrone.

Here is a brief history lesson on Harry Marrone. Harry Marrone was the township’s Finance Director, serving from 1992 – 2005. In February 2005, Marrone was arrested, charged and convicted of diverting $75K of township money to his personal bank account. (I believe that Marrone subsequently made full restitution to the township). Unbeknown to the township at the time of Marrone’s hiring in 1992, he was a convicted felon. It turns out that in 1996, while on a stated 5-month medical leave from his township job; Marrone was actually serving time at Minnesota Federal Prison for embezzling $843K from a former employer. You might wonder how was it possible that the township was unaware of Marrone’s criminal record at the time of his hiring in 1992.

At the time of Marrone’s hiring, the township did not have policy and procedures for background investigation for prospective employees in place. However, as a direct result of Marrone’s criminal action against the township, a policy for thorough background investigation of all employees was approved. A similar situation could not occur today as a result of these employment policy changes.

Fast forward to March 21, 2011; John Yeager has filed a lawsuit seeking $2.1 million in damages from Tredyffrin Township. Yeager is claiming that he would never have sought employment with Tredyffrin Township had he known that Marrone was a convicted felon. He believes that his inability to secure employment by other municipalities is due to his relationship with Marrone and the subsequent negative publicity of the case. He was the Assistant Finance Director and Marrone was the Finance Director during Yeager’s employment with the township.

Yeager believes that he has suffered defamation of character; claiming that by association with Tredyffrin Township and Marrone, his personal reputation has been harmed. In his lawsuit, Yeager accuses the township of gross negligence through their hiring of a convicted felon (Marrone) and by not having a background investigation required for all prospective employees.

I have done some research on the statute of limitations on this type of civil action. The critical aspect of filing a civil action rests with remaining in compliance with the state’s statute of limitations. This is important because once the statute of limitations expires, the deadline for filing a lawsuit has passed. I do not claim to be any legal wiz, but it appears that an individual does not have a lot of time to file a ‘defamation lawsuit’ in Pennsylvania. According to what I have read, Pennsylvania has a one-year statute of limitation for defamation lawsuits. Negligence lawsuits appear to have a two-year statute of limitations in Pennsylvania.

If I understand the statute of limitations correctly on defamation and negligence counts, Yeager’s lawsuit is not valid in Pennsylvania. I have spoken to four attorneys in regards to Yeager’s lawsuit. Only one attorney suggested there may be substance if Yeager can prove there has been an ongoing inability for employment due to his association with the township; therefore extending the statute of limitations in this situation.

I have tried unsuccessfully to contact Yeager. I wanted to ask him ‘why’ he waited so long to file the lawsuit and curious as to what was the stated reason that he was fired. I was also curious about the $2.1 million lawsuit price tag . . . wonder where that number came from?

If nothing else, the contents of the lawsuit provide us a walk down memory lane in regards to Harry Marrone. My assumption is that the lawsuit will now pass to the hands of the township’s insurance company. It would be curious to know how many of these types of lawsuits are regularly filed against municipalities and/or their elected officials.

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TESD School Board Meeting . . . Senate & House Hearings re School Budgets Continue

March 23, 2011
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Monday’s Public Hearing on the land development authority and decision for final authority to remain with the Planning Commission took up much of the conversation yesterday on Community Matters. However, there was also a T/E School Board meeting on Monday night. Ray Clarke attended the meeting and sent along his comments which are posted below. As always, I am grateful for Ray and his coverage of school board related issues. At the upcoming Finance Committee on Monday, March 28, we will look for serious budget talk from school board members re expenses, programming and out-sourcing options.

March T/E Board Talk – video TESD has a new T/E Board Talk video available online. In the 9 min. video, school board member Dr. Pete Motel provides an overview of the T/E School District’s long-range facilities plan from the Facilities Committee meeting of February 14. The Facilities Committee meetings are not generally telecast so I highly recommend that you take the time to watch the very informative video clip from the meeting. Click here to watch the podcast.

Monday’s School Board meeting was most notable for the legislative update from Dr. Rich Brake:

  1. Senate and House Committee Budget hearings will continue through next week (the 31st, I think). The School District has a form letter on its website that you can modify and send to your representatives. (Click here for the sample letter.) Community Matters readers will likely want to add their own flavor to the letter.
  2. Our own Senator Dinniman and Senator Jeffrey Piccola are working with their Senate Education Committee to come up with relief from the infamous state mandates (to which the form letter, above, refers). Apparently there will be a press release on Tuesday. (Update: To add to Ray’s comments here, there was a State Education Committee meeting yesterday and I will have separate remarks on that topic later today.)
  3. The Senate has a version of the furloughs-allowed-to-solve deficits bill (SB 612, I think). There will be (Education Committee?) hearings on this in early April.

In response to my question about a reaction to the PSEA statement encouraging local discussions about salary freezes and other cost saving measures, the Board stated that they “are in continual discussions with the union”. If the direction from the union leadership can be translated into more than a one year expense deferral (present value at today’s zero interest rates = zero), it has the potential for a significant budget impact, so hopefully there will be something to report at next week’s workshop.

Perplexingly, Kevin Buraks reported that the Policy Committee decided to retain two consultants to tell them how to take advantage of opportunities to sell advertising rights (say, at Teamer).

The County Intermediate Unit gave a rather too slick presentation about its budget for next year, and the Board asked some good questions. Whether those can translate to any cost avoidance is maybe doubtful.

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Sometimes Life Surprises You and the Right Thing Happens . . . the Planning Commission to Retain Land Development Authority in Tredyffrin!

March 21, 2011
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Following tonight’s Board of Supervisors meeting was a scheduled public hearing to discuss land development authority. The Board of Supervisors were holding this initial public hearing to consider an ordinance amendment to change final land development authority from the Planning Commission to the Board of Supervisors. As the public hearing began, chair of the supervisors, Bob Lamina excused himself to leave for the airport. With Lamina’s departure, vice chair Paul Olson became ‘acting’ chair in his absence. Lamina’s last words as he departed were that he anticipated that this was an initial public meeting and the discussion would continue in the fall.

Lamina reminded the audience that a final decision on land development authority would not take place until after the review and approval of the township sidewalk ordinance. (Some have suggested that the timing of this land development authority ordinance change is directly related to the St. Davids Golf Club sidewalk decision by the Planning Commission).

Township Manager Mimi Gleason offered a background of why the land development authority was given to the Planning Commission some twenty-five years ago. Interesting to note that Tredyffrin Township is the only municipality where land development rests with the Planning Commission versus the Board of Supervisors.

Prior to tonight’s public hearing, Supervisors Kichline, Heaberg and Richter met with supervisors from Upper Merion and Easttown Townships to discuss how they handle their planning authority process. Kichline reported that these other municipality supervisors suggested that there was not ‘right or wrong’ way to handle land development authority.

Audience members were invited to comment on the proposed land development authority change. Trip Lukens, vice chair of the Planning Commission offered remarks from last week’s Planning Commission meeting. At their meeting, planning commissioners had decided rather than create an ordinance change; they would wait until the outcome of tonight’s public hearing. Other residents in attendance offered their opinion. One after another, they all said the same thing in a variety of ways . . . “if it ain’t broken, don’t fix it”. Former supervisor Judy DiFilippo also spoke in favor of leaving the land development authority with the Planning Commission. In other words, all those in attendance who spoke, completely supported the Planning Commission retaining final land development authority.

After audience members had all spoken in favor of leaving the land development authority process ‘as is’ with the Planning Commission, Supervisor DiBuonaventuro declared that he did not understand ‘why’ the Board of Supervisors was having this discussion and that as a supervisor ‘he’ was not interested in taking back land development authority. DiBuonaventuro said that there were many other important issues facing the township that needed his attention and that Planning Commission should retain this authority.

After much discussion on the topic from each supervisor, Supervisor Kichline made a motion to end the public hearing on the planning authority ordinance change; Supervisor Donahue seconded the motion. Left in charge of the public hearing by Chairman Lamina and probably realizing that he was losing the battle for further discussion, Supervisor Olson suggested the supervisors just wait on this vote and have further discussion. Supervisor Richter agreed with Olson but the other supervisors were committed to forcing a vote to end the public hearing.

With a roll call vote, Supervisors Kichline, Heaberg, DiBuonaventuro and Donahue voted to leave the land development authority with the Planning Commission and Olson and Richter voted against the motion. This vote removed any further discussion on the topic.

I believe that Bob Lamina was the driving force behind this ordinance change to place final land development authority back in the hands of the Board of Supervisors . . . and he left for the airport thinking that this public hearing tonight was nothing more than an ‘initial’ meeting with further discussion to come. He could never have expected this outcome!

Sometimes life surprises you and the right thing happens . . . tonight was one of those occasions! The Planning Commission retains final land development authority and a round of applause goes to supervisors Kichline, Heaberg, DiBuonaventuro and Donahue for ‘doing the right thing’! And the planning commissioners should feel good with their overwhelming vote of confidence from the residents!

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