Pattye Benson

Community Matters

Michelle Kichline

Re Personal Letter on Government Website — Did Tredyffrin Supervisor DiBuonaventuro receive approval from his fellow supervisors?

November 8, 2012
16 Comments

Did John DiBuonaventuro actually have approval from fellow supervisors before using government resources and government letterhead to post his personal letter of September 5 on the government’s website? The answer to that question is not entirely clear, and the answer also depends on whom you ask.

As the resident targeted in DiBuonaventuro’s diatribe to the citizens of Tredyffrin Township, I was very interested to read the Main Line Media News article, “Majority of Supervisors may not have approved DiBuonaventuro letter posted to website”. In the article, Rich Llgenfritz explains that the newspaper filed an open records request with Tredyffrin Township asking for all information pertaining to DiBuonaventuro’s letter on the township website. However, it is interesting that MLMN only received one record; an email from DiBuonaventuro to Patricia Hoffman, executive secretary for Tredyffrin Township.

I am grateful to Llgenfritz and Main Line Media News for their continued interest in this matter. If you have followed Community Matters since DiBuonaventuro’s September 5 letter to the citizens appeared on the Tredyffrin Township website, you have read the September 7 email from former Township Manager Mimi Gleason to me. Following the email, there was a conference call on September 14 from Gleason and Police Superintendent Tony Giaimo, with no stated purpose except to continue to harass. (Click here for Community Matters post of September 18 which includes my personal statement and video of the September 17 Board of Supervisors meeting) As a result of DiBuonaventuro’s letter, Gleason’s email and telephone call, I sought legal counsel with attorney Sam Stretton.

One of several troubling unanswered questions in regards to DiBuonaventuro’s personal use of the township website, is did he act alone? Or, … was there discussion (approval) from the other members of the Board of Supervisors. In her response to my question on this matter, Gleason stated the following in her email dated September 7:

“ … In answer to your question, it is unusual to post a statement from an individual Supervisor, but given the inaccurate and derogatory statements and innuendo publicly made about John DiBuonaventuro, I decided to approve the posting of the letter on the Township website. In this case, he was the subject of baseless public speculation simply because he is a Tredyffrin Supervisor. The circumstances justified the use of the website to publicly defend him, carrying with it the implicit endorsement of the Township to the accuracy of his statements. The Chairman of the Board of Supervisors and the Township Solicitor agreed that it was appropriate for the letter to go on the website.”

Gleason’s email states that the use of the government’s website by DiBuonaventuro carried with it the “implicit endorsement of the Township”. She further states that the Chairman [Kichline] and the Township Solicitor [Vince Donohue] agreed the letter was appropriate for the website. But did Kichline really see the actual letter? During the conference call with Gleason and Giaimo, Gleason maintained that Kichline had seen the actual letter. I argued with Gleason that she was incorrect … that Kichline had personally told me that she did not see the actual letter but that she gave her OK to DiBuonaventuro verbally for the letter on the website, as long as the solicitor Vince Donohue had read and approved it.

Subsequent to DiBuonaventuro’s letter going on the website, there has been no public statement from the other 6 supervisors on this matter, except by Kichline who said that the Board would work on a website policy. Why the silence from the other supervisors? Privately, some of the supervisors have told citizens that they never saw the letter and some have stated that they would not have approved of the letter on the government’s website. Why don’t the supervisors own these opinions in public? If I was being accused of harming the First Amendment rights of a citizen (especially one that I was elected to serve) and had not approved (or even seen) the letter in the first place, I certainly would not remain silent. Are these other supervisors afraid of doing what’s right or are they perhaps afraid of retaliation from DiBuonaventuro … or, the political party they all represent? Where’s the independent thought?

Going back to Llgenfritz’s MLMN article – the only piece of communication that was provided through the Open Records request, in regards to DiBuonaventuro’s letter on the website, is the following brief email from DiBuonaventuro to Pat Hoffman, executive secretary for the township:

“Pat, this is a confidential email. This letter has been approved by Michelle and Vince. Please put it on the township letterhead and make three copies for Kristen [Mayock], Michelle and I to review when we get in this morning. We will give you distribution directions once a final review is done. Thanks and see you around 8 or when you get in. JD. [John DiBuonaventuro]

This email clearly states that the Michelle Kichline, BOS chair approved the letter, but did she? If Kichline approved DiBuonaventuro’s letter, then that would mean that she lied to me. And I don’t believe that she lied. So which is it?

Another interesting thing to note on this email is that there was a private meeting of 3 supervisors – DiBuonaventuro, Kristen Mayock and Kichline. Why was Mayock involved but none of the other supervisors? As chair of the BOS, I understand the rationale behind Kichline attending the meeting but it is unclear if she actually attended or not. Mayock and Kichline are the two attorneys on the Board – was that the reason behind their request to attend this meeting? And it should also be noted that DiBuonaventuro states in this email, that he has approval from the solicitor Vince Donohue for the letter on the website. Everyone seems to be in agreement that Donohue saw and approved the letter – DiBuonaventuro, Kichline and Gleason all state that Donohue approved the letter. Interesting that this short email is all that is contained in the files in regards to DiBuonaventuro’s letter. Just interesting.

Last Friday I posted the letter (click here to read) that my attorney Sam Stetton sent to members of the Board of Supervisors in regards to DiBuonaventuro’s personal letter on government letterhead on the government website. As follow-up to my posting Stretton’s letter, Llgenfriz had a phone interview with Vince Donohue, the township solicitor. It was alarming to me to see Donohue discuss the legal situation between myself and the township in the local newspaper. He furthered stated that he had sent a response to Stretton and that it would be up to me whether or not I made it public.

At last night’s Board of Supervisors meeting, strangely there were three of the seven supervisors missing. I do not think I have ever been to a BOS meeting where two supervisors were missing, let alone three! Missing supervisors were Phil Donohue (stated reason for the absence was still recovering from surgery), Chair Michelle Kichline and Vice Chair John DiBuonaventuro — the stated reason for their absence was ‘personal’.

Supervisor Mike Heaberg read a statement in regards to the website policy which suggested that there would be a policy presented at the November 19 Board of Supervisors meeting. It was unclear whether or not the public would be permitted input into the website policy. Public input could prove important when you read the response from the township solicitor Vince Donohue to my attorney Sam Stretton below:

November 2, 2012

Samuel C. Stretton, Esquire
301 South High Street
PO Box 3231
West Chester, PA 19381
Re: Tredyffrin Township

The Tredyffrin Township Board of Supervisors is in receipt of your letter dated October 25, 2012.

As an initial observation, I read Supervisor DiBuonaventuro’s letter as a reaction in his official capacity as a Supervisor to Ms. Benson’s blog entries regarding, primarily, Township issues. This Board does not quash public discussion about Township matters. To the contrary, this Board’s emphasis on transparency and encouragement of public input is evident in all of the initiatives it undertakes. As to Ms. Benson specifically, I would point out that she actively continues to maintain her blog and participates during the public input portion of the agenda at virtually every Township meeting without censure or objection. Accordingly, neither the contents of the letter nor its posting on the Township website constitute an attempt to suppress, or a breach of, Ms. Benson’s First Amendment rights.

Second, it is important to note that the Board of Supervisors, as an entity, never endorsed nor rejected Supervisor DiBuonaventuro’s letter that was posted on the website. Accordingly, the Board believes that the issue involving the letter is one between Ms. Benson and Mr. DiBuonaventuro as an individual supervisor.

Nonetheless, this incident has highlighted the need for a policy governing use of the Township website and other Township-managed social media outlets as a means of communication by the Board and by each Supervisor (or group thereof). All seven members of the Board are entirely supportive of the initiative to enact such a policy, which has been under way since mid-September. It was discussed at the last meeting of the Board by chair Kichline.

The primary purposes of the policy will be threefold. First, it will document what the Supervisors already practice: that communications on the Township website, letterhead or other Township-managed social media outlets shall pertain to Township issues. Second, the policy will ensure that the reader is clear about the source of the communication – i.e., whether the source is an individual Supervisor, the Board as an entity, a subset of Supervisors, etc. Third, the policy will delegate certain communication responsibilities to certain senior Township staff, depending on the nature of the content of the communication (Township Manager, Superintendent of Police, etc.). This policy will cover not only the website, but also Township letterhead and other Township-sponsored social media outlets. The purpose of the policy is not, however, to restrict any Supervisor’s ability to communicate with Township residents on matters each deems appropriate.

Crafting the right policy is not a task to be rushed. The Board is diligently pursuing the finalization of this policy, but intends to be thoughtful in this ongoing process to ensure that the resulting policy addresses existing needs and avoids unintended consequences. The Board intends to complete this process soon and updates will be provided at each Board meeting until it is enacted.

Please do not hesitate to contact me if you would like to discuss. Thank you,

Very Truly Yours,

Vince T. Donohue
Lamb McErlane, PC

Several things are interesting to note in Donohue’s response. He speaks of the transparency of the Board of Supervisors. Based on the issue of DiBuonaventuro’s letter alone, I’d suggest that this Board if far from transparent. Clearly, we still don’t know who saw the letter or who approved it. Donohue states that the Board never endorsed nor rejected DiBuonaventuro’s letter on the website, yet Mimi Gleason’s email to me clearly stated that the use of the township website for DiBuonaventuro’s letter, “carried with it the implicit endorsement of the Township”.

Donohue is saying one thing, Gleason is saying another, and I would suggest thirdly, that by using the government letterhead, which has all members of the Board of Supervisors listed looks like compliance to me. Obviously, if during the last 2 months, any of the other six supervisors had chosen to ‘distance’ themselves from DiBuonaventuro and the letter, that would be different … the problem is that they all “stood by their man”.

Nowhere in the letter does Donohue address the intimidation tactics used in DiBuonaventuro’s letter or Gleason’s email and phone calls towards me. Donohue however suggests that the Board believes this is a personal matter between DiBuonaventuro and me – two problems with that logic. First, DiBuonaventuro does not limit his personal attacks to just me, he also goes after the First Amendment rights of the press, specifically Main Line Media News. Second, if Donohue and the other supervisors view this as some kind of personal matter that DiBuonaventuro has with me and Community Matters, what business does a personal matter have on government letterhead and government website. How can Donohue claim the contents of DiBuonaventuro’s letter is Township business when the tirade includes my 2009 supervisor race?

Now look at what Donohue claims the township website policy will include –

  1. Document the communications on the Township website, letterhead, social media outlets that pertain to Township issues.
  2. Ensure that the reader is clear about the source of the communication – whether an individual supervisor, the entire board or some subset
  3. Delegate certain communication to Township Manager, Police Superintendent, etc.

Then you have this sentence in Donohue’s letter, “ … The purpose of the policy is not, however, to restrict any Supervisor’s ability to communicate with Township residents on matters each deems appropriate.” The way I read it, is DiBuonaventuro (or any other supervisor) gets carte blanche to continue to use government website as their personal ‘bully pulpit’ whenever the mood strikes. Looks like to me, that if you are a supervisor all you need do is label your communication to the public ‘Township business’ and the website is yours to use. I guess the policy needs to protect the rights of DiBuonaventuro to use government resources whenever he feels threatened by the local news media or Community Matters. As a citizen of Tredyffrin Township, I certainly will not find this website acceptable if approved by the Board of Supervisors.

Tredyffrin’s Solicitor Vince Donohue claims that government does not seek to suppress public comment … Really?

November 4, 2012
42 Comments

The Pennsylvania Sunshine Act requires all public agencies to take all official actions and conduct all deliberations leading up to official actions at public meetings. According to 65 Pa.C.S.A. § 708(a); Sunshine Act, Section 8(a), there are certain discussions that can take place in an executive session where the public is excluded. At the onset of every Board of Supervisors meeting, Michelle Kichline, in her capacity as chair, makes a statement that the Board met prior to the meeting in executive session to discuss legal and personnel matters. Under the provisions of the PA Sunshine Act, those township matters pertaining to personnel or legal matters are not discussed publicly In fact, if during the ‘New Matters – Citizens’ section of the Board of Supervisors meeting, a resident asks a question that falls into the legal or personnel category, either a Board member of the township solicitor quickly points out that they cannot respond to the question. Over years of attending supervisors meeting, I can attest that the solicitor does not permit the supervisors to respond to citizen questions that fall into personnel or legal areas.

Understanding the provisions of the Pennsylvania Sunshine Act, it was surprising to read that Tredyffrin Township’s solicitor Vince Donohue had a public response on a legal matter in Main Line Media News article, ”Community Matters blogger Pattye Benson calls for Tredyffrin Township to adopt policy regarding the use of its website” written by Richard Llgenfritz.

If you recall Llgenfritz wrote the story, “Tredyffrin zoning hearing board member not guilty after police are a no-show at her trial” in late August. His article, in addition to TE Patch, Philadelphia Inquirer, Daily Local articles, blog posts on Chester County Ramblings and telephone and email inquiries from residents, were the reasons that I conducted my mini-research investigation.

As part of my research on the police matter, I spoke with Tredyffrin Township Board of Supervisors chair Michelle Kichline, Chester County District Attorney Tom Hogan, Tredyffrin Police Superintendent Tony Giaimo and District Judge Tom Tartaglio. For the results of my research and corresponding comments in post, “Community Matters closes the chapter on police investigation but Tredyffrin supervisor opens a new one”, click here.

Because of the newspaper articles, blog posts and related public comments on the police situation, Tredyffrin Township supervisor John DiBuonaventuro decided to write and post a personal letter dated September 5, 2012 on the township website, using township resources and township letterhead. Although the use of government resources by an elected official is surprising, it was the fact that the other six supervisors, the township manager and the township solicitor sanctioned the behavior of DiBuonaventuro that underscored the importance for a township website policy.

This past Friday, I posted the letter from my attorney Samuel Stretton on Community Matters. Stretton’s letter was sent to the seven members of Tredyffrin’s Board of Supervisors. I learned in Llgenfritz MLMN article, that Stretton’s letter was forwarded to the township solicitor Vince Donohue. No surprise as this was a legal matter and as the township solicitor, he clearly needed to be involved. However, because this is a ‘legal matter’ (remember the PA Sunshine Act and that legal and personnel matters in the township are not publicly discussed but held for executive session discussion), I was amazed that Donohue discusses Stretton’s letter with Llgenfritz. Gosh, I would think that Donohue should not be talking about sending a response to Stretton – isn’t this a legal matter? And then to further throw out there that it would be up to me whether I make the letter public or not? To my knowledge, Stretton has not received a letter and I certainly have not seen any letter from Donohue. (I will assume that Donohue’s response is ‘in the mail’). So, I am struggling to understand this – the supervisors are not permitted to discuss legal matters in public but it is OK for the township solicitor to discuss legal matters? Shouldn’t the more appropriate response from Donohue to Llgenfritz have been, “… this is a legal matter, and I am not at liberty to discuss”.

However, Donohue does not stop there in his comments to the newspaper, he goes on to address some of the issues that others and I have raised – i.e. First Amendment rights. According to Donohue,

“This township has no interest what so ever in suppressing anybody’s first amendment rights and in fact does not. All you need to do is take a look at our five six-hour public meetings that we’ve had in the last few years. All you need to do is look at the Trout Creek overlay ordinance process where we involved no fewer than 30 members of the public on working groups and commissions held six or seven public hearings even for those members of the community that didn’t like the outcome I think it’s hard to argue with the openness and the fact that the township encourages and invites public input. I think this township’s actions belie any claim that it seeks to suppress public comment positive or otherwise about township matters.”

All I can say is, wow. Donohue approved DiBuonaventuro’s letter going on the township letterhead on the township website. I suggest that he needs to go back and read it and then come up with a more convincing argument as to how his letter is not an attempt to silence those who dare to disagree. DiBuonaventuro writes in his September 5 letter, “What is more important for community to realize from this example is the disturbing trend that has developed with most of the internet elements of legitimate newspapers and the tabloid formatted blogs like “Community Matters”. Public discussion of important community matters is a ‘disturbing trend’ — whether public discussion is over the backyard fence, in the aisle of the Paoli Acme or on the Internet, it is our First Amendment right; open debate and commentary exists under the US Constitution.

In fact, before I contacted Sam Stretton, I sent DiBuonaventuro’s letter to several attorneys and journalists; individuals who do not live in the area and would not know any of the people involved. Not one person responded that they thought the actions of our government in regards to DiBuonaventuro’s letter were OK. In addition, I should add that many people used adjectives like ‘chilling’ in describing DiBuonaventuro’s attempt to suppress public discussion.

It is interesting that Donohue would point to the many meetings held over the Trout Creek ordinance (for the record, there were 7 public hearings), as somehow public comment at supervisors meetings was the same thing as DiBuonaventuro’s use of public resources, public letterhead and public website. Certainly, there were many meetings over Trout Creek, but I wonder how many of the Glenhardie residents feel that their voices were actually heard during the process? Donohue makes no mention of Trisha Larkin and her neighbors in the Daylesford neighborhood. Like the Glenhardie residents, how many of the Daylesford folks think that their voices made a difference to the outcome. The Daylesford neighbors, in addition to many residents throughout the township, were overwhelmingly opposed to the C-1 zoning change. However, as we all saw, their voices did not matter. Yet Donohue claims that the township “encourages and invites public input” … maybe that’s true if you happen to be developer Ed Morris or his attorney Denise Yarnoff, who now have the green light to build an assisted living facility on 1 acre on Lancaster Ave.

As a resident of Tredyffrin Township, this is all so very disheartening, including Donohue’s response to Main Line Media News. I am amazed that it is OK for the township solicitor to discuss a legal matter of a private citizen with the newspaper — to talk about a township response that he has sent to my attorney, Sam Stretton, that I have not even seen. Wow.

It’s like some of the rules in Tredyffrin Township only exist when they benefit our elected officials, not the citizens.

Defending First Amendment Rights in Tredyffrin Township

November 2, 2012
23 Comments

It has been 8+ weeks, since Tredyffrin Township Supervisor John DiBuonaventuro wrote and posted his September 5, 2012 letter to the citizens on the township website. (click here to read the letter). Over the last 2 months, I continue to receive phone calls, emails and have had many discussions with residents that are troubled and concerned about DiBuonaventuro’s letter and use of government letterhead, government website and government resources for his personal attack of traditional news sources as well a private citizen, who dare to question our government. Subsequent to September 5th, we have learned that DiBuonaventuro’s personal letter and use of government resources, was apparently sanctioned and approved by former township manager Mimi Gleason, township solicitor Vince Donahue and the other six members of the Tredyffrin Township’s Board of Supervisors.

At the September 17, 2012 Board of Supervisors meeting, I read a personal statement (click here for Community Matters post and links to BOS meeting and statement) which addressed DiBuonaventuro’s letter and subsequent email and joint phone call from the township manager and police chief on this topic.

When the framers of our Constitution insisted on Freedom of Speech rights, one of their aims was so that all Americans – no matter their social class or position in our society – could vigorously examine and criticize our government. These rights have throughout our history nurtured our democracy and made us a beacon to the whole world. However, as history has played out, the battle for these rights has proven at times to be hard-won rights that we have to continually fight for and renew. First Amendment rights are a cornerstone to this nation’s government and citizens have a right to discuss issues that are of importance. The freedom is speech is in place for all of us – including the citizens of Tredyffrin Township. Further, freedom of speech includes ‘me’ as a citizen and Community Matters.

In 1996, Pennsylvania federal judge Stewart Dalzell, wrote his opinion in the ACLU v. Reno, the Internet – Freedom of Speech case, “As the most participatory form of mass speech yet developed, the Internet deserves the highest protection from government intrusion. It also deserves a great deal of attention from civil liberties activists who are concerned about free speech, privacy, and universal access – because the larger the scale of a new medium, the greater the temptation to restrict it.” As background, Dalzell, a 1969 graduate of Penn Law School, was recommended by Pennsylvania Senators Heinz and Spector and nominated by President George Bush to fill a judicial vacancy on the federal bench in the Eastern District of Pennsylvania in 1990. He was confirmed by the Senate in 1991.

The last couple of months since DiBuonaventuro’s September 5 letter appeared on the township website have given me time to reflect. Because all township supervisors, the former township manager and township solicitor supported DiBuonaventuro’s letter and use of the government letterhead and resources, I knew that I needed to take a stand for First Amendment rights in Tredyffrin Township. If an elected official is permitted to use the public website whenever they disagree with a news story, what’s next for the citizens of Tredyffrin Township? Where will it stop? What recourse do citizens have — we are not permitted the use of the township website to defend ourselves. The end result … a chilling effect intended to silence all those who disagree.

To be clear, DiBuonaventuro is entitled to his own freedom of speech; he has every right to explain himself, defend, etc. He could write a letter to the editor, make a comment on Community Matters, etc. etc. — I simply do not think it is OK to use Government resources for a personal matter by an elected official.

As a result of the September 5, 2012 letter written by township supervisor John DiBuonaventuro, using the government letterhead, government website and government resources, I sought legal counsel and have retained the services of attorney Samuel Stretton. The following letter from Stretton dated October 25, 2012 was mailed to each member of Tredyffrin Township’s Board of Supervisors. To date, there has been no response.

October 25, 2012

Michelle H. Kichline, Chair
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

John P. DiBuonaventuro, Vice Chair
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

Philip Donahue
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

Michael C. Heaberg
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

Kristen K. Mayock
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

Paul W. Olson
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

Evelyn Richter
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

Dear Supervisors:

Please be advised I have been retained by Pattye Benson, in reference to a letter of September 5, 2012 written by Supervisor John DiBuonaventuro. This letter was posted on the Tredyffrin Township website. This letter was done on the letterhead of the Board of Supervisors. Attached and marked as Exhibit “A” is a copy of the September 5th letter.

This letter of Mr. DiBuonaventuro, in effect, used Government funds, Government letterhead, and a Government website to respond to a private blog on his personal issues. I believe it is entirely inappropriate to allow a Government official to use Government resources to respond to matters involving his personal conduct. I understand there was and is no policy as to the use of the government website and the expenditure of government funds.

I am asking that this Board immediately adopt a policy so this sort of misconduct and abuse of the First Amendment will not occur again. I am also asking that an apology be placed on the website. Further, I am asking that the letter be rejected by the Board as inappropriate to be placed on the township website.

Further, the letter is inaccurate. The blog “Community Matters” is written by Ms. Benson to raise important community issues. The blog at issue concerned the conduct of the Tredyffrin Township Police Department in not appearing at the two criminal hearings for a member of the Zoning Board. There were two different cases, and both were set for the same day. Coincidentally, neither officer appeared on that day, resulting in the cases being discharged. The failure to appear by two officers was surprising since the Tredyffrin police officers are known to always appear at criminal hearings. Clearly, the failure to appear raised some questions.

The blog “Community Matters” also raised the question about one of the supervisors and his relationship with the Zoning Board member. These are valid issues of public discussion and concern.

The letter, which is dated September 5, 2012, from Supervisor DiBuonaventuro, is essentially a personal attack on Ms. Benson, supposedly defending himself. This type of personal letter has no place on the Board of Supervisors letterhead and no place on the township website.

What is particularly disturbing is the last paragraph on the first page where Mr. DiBuonaventuro, using Government resources, Government letterhead, and the Government website, criticizes legitimate discussions of public business. He calls this a “disturbing trend”. He utilized the Government website to bully “Community Matters” and others.

This conduct, using Government resources to respond to those who speak out or discuss Government issues is unacceptable and should be disavowed by the Government immediately. If Mr. DiBuonaventuro is not able to accept public criticism, he ought to resign as Supervisor. Those who choose to hold public office have my respect. But as part of serving, one has to understand there will be differences of opinion, which should be welcomed as part of the public discussions. To utilize the platform of the Government website and Government letterhead to try to bully bloggers is totally unacceptable and foreign to the First Amendment.

This improper website use and letter has to be put in the context that my client then received a phone call from the Township Manager with the Police Chief on the same line. Clearly, such a tactic has the effect of chilling legitimate speech.

Further, when Ms. Benson spoke to the Township Manager about the letter, the response was an email dated September 7th to Ms. Benson criticizing her and supporting the use of public resources of the Supervisor without approval to criticize public comments.

It is a sad day if the Government resources can be used by Supervisors to defend their own personal issues. But it is a sadder day when the Government resources and the authority of the Government is used to try to chill First Amendment discussions.

I am requesting an apology to Ms. Benson and I ask that a policy be put in place to prevent Government resources to be used for individuals to express their personal dislike or disagreement of articles. It is unacceptable that an individual can use the power of Government to try to bully and prevent legitimate discussions of questionable conduct by Government officials. I will await your advice. I hope to have a response in the next 7 days.

Very truly yours,

Samuel C. Stretton

A Township Resident is Tredyffrin’s New Township Manager

October 15, 2012
4 Comments

Although there were only 9 residents at tonight’s Board of Supervisors meeting there is significant news to report. Chair Michelle Kichline reported that the township has hired Bill Martin as Tredyffrin’s new township manager, effective November 19.

Martin comes to Tredyffrin Township from Bridgeport where he has served as their Borough Manager since September 2011. Martin started his career in Nassau County (New York) as a Legislative Assistant. In 2001, he focused his career in local government with Radnor Township, serving as Assistant Finance Director. For the ten years he was in Radnor, Martin served in many different capacities from Acting Finance Director, Right to Know Officer, Assistant Emergency Management Coordinator, Director of Administrative Services, Interim Director of Community Development, and Assistant Township Manager to Acting Township Manger. He left Radnor Township to become Bridgeport Borough Manager last year. Martin received a BA and MBA from Villanova University and here’s the best part … he is a Tredyffrin Township resident! Martin could be the first township manager to live in the township, which I for one think should always be a requirement!

In other news, Kichline reported that she had delegated the task of drafting a website policy to Phil Donahue. She explained that Donohue is seriously ill in the hospital, having had surgery today. I don’t have any further details but I know that you join me in wishing him a speedy and full recovery. Because of the illness, Kichline explained that she will draft the website policy and expects to make it public next month. Having been on the receiving end of what I believe was the misuse of the township website (and taxpayer dollars) by supervisor John DiBuonaventuro, I am hopeful that the new policy will stop anything similar in the future.

Six months ago, at the April Board of Supervisors meeting, I asked for an update on the status of the sidewalks at St. Davids Golf Club. At that point, it appeared that the sidewalks were finally going in with the necessary advance tree removal completed. Tonight Steve Burgo explained to me that due to the delay in the project, St. Davids had to update their permit with PennDOT before sending it out to bid. Unfortunately, this was exactly the same response that I received last April. I asked for follow-up and an update at the November supervisors meeting.

I inquired about Mimi Gleason’s consulting contract with the township and if there was an expected end date. According to Mike Heaberg, to date Gleason has worked approximately 50 hours under the new consulting contract, which he pointed out was less than what she would have been paid as township manager. It is expected that Gleason will work through the transition of Bill Martin starting as township manager next month. It appears that Gleason will be only working with the township a few days beyond Martin’s start date. I also asked about Gleason’s healthcare benefits – according to Tim Klarich, her township healthcare benefits ended September 30th.

That’s the highlights from the Board of Supervisors meeting. Tonight the School Board directors voted on the teacher’s contract so I look forward to hearing those details.

A Job May Not be a Life but … Maybe Consulting at $125/hr Is!

October 14, 2012
20 Comments

After tendering her resignation as township manager back on July 17, in a Community Matters post, “… I asked Mimi Gleason why she was resigning – was it another job? No, she is not leaving Tredyffrin for another job. In fact, her explanation for the resignation was actually quite simple … ‘A job is not a life’. She went on to explain that she is uncertain about what she wants to do, but knows that she wants to do something different and to work less. Her plans after September 17 include taking a few months off from work, visiting friends around the country during the fall and her annual trip to Hawaii in January.”

Curious if there was any way that she would extend her employment past the September 17 deadline, I asked her that question. Her response, was an emphatic “no”, her mind was made up. Well, as we learned at the September 17 Board of Supervisors meeting, her mind was not made up. With a unanimous vote, the Board of Supervisors approved a consulting contract for Gleason, effective immediately. There was no disclosure from the supervisors as to the specifics of the contract, i.e. salary, hours, etc. though BOS chair Michelle Kichline did say that Gleason would be helping the township until sometime after a new township manager was appointed and that the former township manager would not have direct contact with the public. On a personal note, as probably one of Gleason’s final contacts with a private citizen, both in email and via her phone call to me of September 14, I completely support that aspect of the contract!

By the September 17 Board of Supervisors meeting, 2 months had passed since Gleason’s letter of resignation, but no replacement township manager had been appointed. If you recall with Tom Scott’s departure as assistant township manager, that position was eliminated. In the interim, township Finance Director Tim Klarich was appointed at the September 17 BOS meeting to serve as acting township manager until a replacement township manager was appointed.

Without details of Gleason’s contract by the Board of Supervisors, several residents asked me about the contract, her consulting fee, the timeline, etc. On September 23, I sent the township a ‘right-to-know request’, asking for the contract and any related correspondence. After a legal review of my request, I received Gleason’s proposal dated August 28 and the signed consulting contract dated September 17 this past Friday. (If you click on the contract, do not be put-off by the 29 pages, the attorney Robert McClintock, Lamb McErlane, included several copies of the contract in the pdf. I am unclear as to why multiple unsigned copies; perhaps they contain small changes, but regardless, go to the end of the document to find the signed and dated version.)

For those experienced in reading contracts, I encourage additional commentary. Below, I offer highlights of Gleason’s proposal and contract:

  • Assist staff in development of 2013 budget & 5-year plan
  • Analyze budget alternatives
  • Available to meet with supervisors, finance committee
  • Assist with BOS meeting preparation
  • Assist with collective bargaining agreements if needed
  • Hourly rate $125, billed monthly to township
  • Work 10-15 hours per week, with notice may work more
  • Will assist new township manager with transition

Working as an independent contractor, Gleason’s consulting contract commenced September 23, no end date assigned. According to the terms of the contract, the township has the right to terminate the agreement with 10 days written notice. Going forward, the agreement may be amended with mutual agreement of Gleason and the township.

Going back to Gleason’s comment to me of July 17 that, “a job is not a life”. Although a job may not be a life, apparently consulting may be the ticket to life. A couple of people, who attended her retirement party last month, reported that Gleason’s consulting plans go beyond helping Tredyffrin Township. According to these sources, Gleason intends to take her land development expertise and offer those skills to other municipalities as a consultant.

I always thought that Gleason’s continued involvement and intense personal interest in the outcome of the recent C-1 zoning change to permit assisted living at Daylesford, past her notice to resign somewhat strange. It is interesting to note that her last day of township employment had Gleason at the September 17 Board of Supervisors meeting and witness to the 7-1 supervisors vote to approve the C-1 zoning change. Now, I get the connection. Though many township residents opposed the C-1 zoning change, Gleason can now point to this success when negotiating her consulting services with other townships. I guess the same applies for the Trout Creek Stormwater Overlay district ordinance change and her involvement in that zoning change.

Having served 10 years in Tredyffrin Township government, Gleason is fully vested and receives a pension. In addition to the pension, it is my understanding that she will receive healthcare benefits for life. Pension, healthcare coverage and consulting jobs, looks like Gleason had bigger plans than our July 18 conversation following her resignation would have suggested. According to Gleason, ‘a job may not be a life’ but apparently consulting is.

Trout Creek Stormwater Overlay District Ordinance Passes 4-3

October 2, 2012
15 Comments

I guess ‘7’ was the magic number for the Trout Creek Stormwater Overlay District. Following the Board of Supervisors meeting last night, the seventh public hearing was held for the Trout Creek Stormwater Overlay District ordinance. With a standing room only crowd, a dozen or more residents spoke against the ordinance. Their arguments primarily targeted the stormwater issue, feeling that the language of the ordinance was not strong enough. There is also concern about the enforcement and maintenance of the stormwater basins by the township. Another concern cited by a couple of residents was the possible impact the development of the Richter property may have on historic preservation, believing that the property may have served as a burial ground in the 1700’s.

Laurie Elliott, a Glenhardie resident, spoke in favor of the Trout Creek Stormwater Overlay District and the development of the property by Arcadia Land Company. Elliott supports the development believing that this is a step in improving the stormwater issues. We know that it has taken over a hundred years for the stormwater problem to get to this level and it is going to take a major effort by the township, developers and residents to reduce damage caused by flooding and runoff.

Arcadia Land Company’s plan for the 36 acre Richter property site includes townhouses and carriage houses on the 26 acres zoned residential. It is unclear how the 10 acres that is zoned ‘professional’ will be developed. Jason Duckworth, president of Arcadia spoke at the public hearing, assuring residents that the development plan would include necessary infrastructure to help the stormwater problem. According to Duckworth the cost for the required infrastructure and stormwater basins is $4 million; a cost absorbed by the developer versus Tredyffrin’s taxpayers. However, some residents believe that rather than helping the current stormwater situation, the development of the Richter tract will actually increase the problems. Arcadia Land Company may have taken a big step forward with the supervisor vote last night but I think they may be facing an uphill battle with some of the residents.

After seven public hearings, at nearly midnight the vote to approve the Trout Creek Stormwater Overlay District ordinance was 4-3. Supervisors Mike Heaberg, Michelle Kichline, John DiBuonaventuro and Kristen Mayock voted in favor and Phil Donahue, EJ Richter and Paul Olson opposed the ordinance. As I previously said, if the supervisors touted the C-1 zoning change as an economic development move, I did not see how it was possible that they could have voted against the Trout Creek Stormwater Overlay ordinance. From an economic standpoint, the development of the 36-acre Richter site will clearly benefit the township’s financial coffers. However, I remain unconvinced about much revenue will be generated from the assisted living facility on the 1-acre commercial site at Jimmy Duffy’s.

Although I am pleased that so many residents were involved in the Trout Creek overlay ordinance, I am not sure why there needed to be seven public hearings. Except for maybe the development of Chesterbrook, I wonder how many times there have been that many public hearings on a specific topic. On the other side, the C-1 ordinance change only had one public hearing, one extreme to another.

I do have a lingering concern in regards to the Trout Creek Stormwater Overlay ordinance. With the approval of this overlay district, which will presumably encourage redevelopment projects (beyond the Richter project), there appears an open issue on the enforcement and maintenance of the stormwater basins. From prior public hearings, we have learned that there is currently not sufficient township staff to review the existing stormwater basins. Going forward, how will this be handled?

I asked Tom Colman, the Glenhardie resident who co-chaired the citizen-working group with township supervisor Phil Donahue, about his thoughts on the Trout Creek Stormwater Overlay ordinance process and its outcome last night. Coleman was pleased that so many residents were involved and attended the meeting. He remarked, “I am immensely proud of the work done by all in educating the community and providing remarkable research to the process.” I don’t speak for others, but certainly on a personal level, it has been extremely educational to better understand the township’s stormwater and runoff issues and I thank all community members that volunteered their time and expertise in this process.

Does a Private Citizen Have Civil Rights in Tredyffrin Township?

September 18, 2012
41 Comments

Following the public hearing and vote for the C-1 zoning change, the Board of Supervisors meeting reconvened the regular meeting. Of note, the township Finance Director Tim Klarich was named acting township manager, township secretary and Municipal Authority secretary and township Zoning Officer Matt Baumann was named Open Records Officer. Yesterday marked Mimi Gleason’s last day as Township Manager however, she was approved for a consulting contract with the township (contents of agreement were not disclosed.)

The regular Board of Supervisor’s meeting ended with supervisor and citizen new matters. Chairman Michelle Kichline read a statement from the Board of Supervisors concerning the use of the township website for John DiBuonaventuro’s letter to the citizens. Although a personal attack on a private citizen, Kichline stood by the decision to post his letter on township letterhead on the website. She did say that the board will look into developing a policy for the use of the website going forward. As the private citizen who was the target of DiBuonaventuro’s venomous attack, Kichline and the Board of Supervisors response was far from satisfactory.

Following Kichline’s statement on the Suzy Prawtoski matter and the use of the township website for a supervisor’s personal letter, Andrea Felkins, a former School Board director and longtime resident, presented a lengthy statement in opposition. Felkins was absolute in her conviction against DiBuonaventuro’s use of the township website for his personal attack on me and of Community Matters. She spoke of the school district’s strict policy and suggested strongly that a similar policy should be adopted by the township. Felkins has been a regular commenter on Community Matters, especially for all school board related matters. Her comments always thoughtful and engaging. I would like to publically thank Adrea for her public support.

To view the Kichline statement and Felkins statement video, click here.

Last night posed a near impossible situation for me. A close friend has often remarked to me that I see people as I wish them to be, not as they are … that was never truer, than last night. The last couple of weeks have sadly left me wondering about people who I thought that I knew and who I thought that I could trust. It has been particularly sad to realize and have to accept that there are those in positions to make a difference or create change in Tredyffrin, but choose ‘group think’ rather than independent thought. As if life could not have been more challenging, something happened last Friday that will forever alter how I view the place that I call home.

To watch my BOS personal statement, click here.

Below is the transcript of my statement from the September 17 Board of Supervisors meeting.

Pattye Benson
Personal Statement
September 17, 2012

Members of the Board of Supervisors and citizens of Tredyffrin Township – I had not intended to speak tonight, preferring to listen to other’s voices. But something happened this past Friday, that has shaken me to my very core. At approximately 9:40 AM on Friday, September 14, I received a joint phone call from township manager Mimi Gleason and Police Superintendent Tony Giaimo that has forever changed who I am. In life’s journey, this is my watershed moment and a feeling that I will never forget.

Unable to shake how I was feeling, after 24 hours, I wrote the following email to Mimi Gleason and copied Michelle Kichline, chair of the Board of Supervisors.

Let me share that September 15 email with you.

Dear Ms. Gleason,

There are two reasons that I am writing this email (1) to state that as a citizen of Tredyffrin Township, I now feel threatened and harassed by our government and (2) to request that you never contact me again, unless it is with a written apology for your actions.

I have thought of little else since receiving your phone call yesterday, Friday, September 14. As a township resident, to be blindsided with a conference call from the township manager and the police superintendent was more than a little intimidating; I have to wonder how often you have taken a similar approach with other citizens in this community. The telephone conversation left me wondering exactly what was the purpose of the call and why did you involve Tony Giaimo except as a witness or possibly to record the phone conversation. Although there was no mention made of the call being recorded, Tony did state he was in his police vehicle, so am I to assume that the telephone conversation was recorded without my knowledge.

Between the historic house tour, the Paoli Blues Fest and personal health issues, I do not have the time or energy for your directives, missives or whatever else was the intention of your phone call or of your email dated September 7. On September 7, I emailed you the following simple question:

“Who is responsible for Mr. DiBuonaventuro’s letter on the township website? Was placing the letter on the website sanctioned by you, the township manager?”

The only response that my question required was a simple, yes or no, with the possible addition that the chair of the Board of Supervisors and the township solicitor had OK’d the letter for the township website. However, no, you decided on a different response, one that was not required, not needed and not necessary. Frankly, as a citizen and taxpayer in this township, your response was one that I believe you should never have sent. When I received your email, I made no response.

Your call yesterday revisited the opinion you stated in your September 7 email to me; again complaining that Community Matters contained misinformation and incorrect facts, specifically the assisted living project. However, never once in the conversation did you cite specifics as to what was incorrect. As a response to your complaints about the Suzy Pratowski matter, I stated that the Main Line Media News, TE Patch, Daily Local and the Philadelphia Inquirer had all written articles on the subject. I further stated that there was at least a week after the news articles appeared for the police department, the township or the Board of Supervisors to make a statement before I wrote anything on Community Matters. Residents were asking questions and no one seemed to be providing answers.

As a result of the situation, I did my own mini-investigation, speaking with District Attorney Tom Hogan, District Judge Tom Tartaglio, BOS Chair Michelle Kichline and Police Supt. Giaimo. After a thorough analysis, I presented my own summary statement on Community Matters. I clarified that John DiBuonaventuro was not the unidentified driver with Ms. Pratowski in the May 28 incident, as a photo in the newspapers may have implied. In my summary, I stated that DiBuonaventuro was interviewed by the police and that the police were satisfied that he was not in any way involved with the two police officers not appearing for the August 21 court date. I wrapped the summary up and tied a ribbon on it, stating that the two police officers missing the hearing was a human error, a mistake. I also thanked those involved (Hogan, Tartaglio, Kichline and Giaimo) for their help and used the words that I was ‘closing the chapter’. Little did I know, what was to happen … DiBuonaventuro’s letter, your involvement with the letter on the website, your September 7 email and most recently, your telephone call of September 14.

Feeling threatened by your phone call, I remarked at one point during the conversation that I should have an attorney on the call. I stated to you and Giaimo that as a resident of this township, I have rights, and as a citizen of the United States, I have rights, including 1st Amendment rights. I believe that our government does not have the right to harass and intimidate those citizens it serves to protect. I am not an attorney but I cannot imagine that your actions of yesterday (or your email) would be viewed favorably by the courts. Further, I cannot imagine that you would have considered making a similar phone call to Main Line Media News, TE Patch or the Philadelphia Inquirer nor would you have dare taken this approach with an attorney who might understand the legal implications of your actions far better than me.

Supt. Giaimo asked what I would like to see happen going forward – my response was a denouncement from the Board of Supervisors for the letter going on the website and an apology from the township manager. It should be noted that I quickly also stated that I did not expect either of those two things to happen.

It saddens me greatly that you were compelled to bring Tony into this matter. He and I have enjoyed a good working relationship over the last several years, including the blues festival and the house tour. Was your motive to damage my relationship with him, or was it to record the conversation? It is entirely unclear why you involved the police superintendent, except to further intimidate me.

In case you are not aware, your phone call was so upsetting, that I immediately called Michelle Kichline, chair of the Board of Supervisors to report the conversation. You suggested that I was ‘mistaken’ when I suggested that Ms. Kichline had not seen Mr. DiBuonaventuro’s letter before it was posted on the website. For the record, Ms. Kichline again confirmed that she had not seen the actual letter before it went on the website; I guess you are the one who is mistaken.

In closing, your intimidating actions have contributed to my feeling harassed and threatened by some in our local government. I ask that you not contact me again, unless it is with a written apology. For the record, I believe that John Petersen is also owed an apology from you, for the words, “so-called legal expert has no expertise …” contained in your Sept 7 email to me.

Sincerely,
Pattye Benson

This is the end of my email to Ms. Gleason but I have a few closing remarks.

The great irony is that today is this country’s Constitution Day. Two hundred and twenty five years ago, on September 17, 1787, forty-two of the 55 delegates to the Constitutional Convention held their final meeting. Only one item of business occupied the agenda that day, to sign the Constitution of the United States of America. Our founding fathers fought and died for our freedom, and I am left wondering if what is going on in this township is what they would have intended.

In closing, I am but one person, but I believe that I represent a far greater community.

Can we question our government?

Do we dare to have an opinion?

I believe that ALL our voices matter.

Thank you.

Community Matters: Your Voice Matters … Except when it comes to C-1 Zoning Change!

September 18, 2012
13 Comments

At the Board of Supervisors meeting last night, Keene Hall was standing room only. Although many residents attended for the public hearing for the proposed C-1 ordinance change, I was surprised at how many stayed until midnight when I had the opportunity to present my personal statement under ‘citizen new matters’. (My statement will appear on a separate Community Matters post)

I thank all the citizens who took 4-1/2 hours of their time on Monday night to show support and to have their voices heard on the C-1 zoning change to permit assisted living usage. Tredyffrin residents spoke out from across the township, Paoli, Berwyn, Strafford, Wayne, etc. not just the Daylesford neighbors. Hours of public testimony and not a single resident voiced support for the proposed C-1 zoning change. Citizens stated opposition for a host of reasons … flawed process, spot zoning, preferential treatment to a developer, should be a conditional use not a by-right use, bed density, safety concerns for patients, increased demand on township’s emergency services, etc. — the list went on and on.

Township supervisors asked many questions of the developer Ed Morris and his attorney Denise Yarnoff, suggesting to the audience that they were not entirely supportive of the zoning change. However, in the end, the questions from the supervisors did not really matter; the motion to change C-1 zoning to allow assisted living facilities passed 6-1. The only supervisor who heard the residents’ concerns and voted accordingly, was Phil Donohue. As the middle district supervisor, it will be interesting to see which side receives his support at the Trout Creek Stormwater Overlay public hearing on October 1, when the issue surrounds his constituent’s backyards.

Unfortunately, for many residents in this township, the overwhelming Tredyffrin voices in opposition to changing the C-1 zoning was not heard by our local government,

Trisha Larkin, president of the Daylesford Neighborhood Association sent the following statement:

Dear DNA Members and Tredyffrin Residents,

A heartfelt thanks to each and every one of you for taking time out of your busy lives to contribute to the cause.

Clearly, last night’s vote was shocking. It’s a painful loss. As a taxpayer and Tredyffrin resident, it’s shaken many of us to our cores. The insight gleaned from the BOS’s final vote leaves me defeated, frustrated and more importantly, frightened regarding Tredyffrin’s future. Joe and I have only lived here 4 years. I can’t imagine how some of our decades-long Tredyffrin neighbors must feel this morning. Heartsick is the word that springs to mind.

To the Daylesford neighbors and Non-DNA members (you know who you are) that attended countless meetings and contributed tirelessly, you’ll never know how much we appreciate you!

I’ve taken calls from 4 lawyers in the last 13 hours saying we have a great case for an appeal stating “spot zoning” pure and simple. That may be true

In closing, perhaps we should ALL keep in mind the six supervisors that flagrantly disregarded our opposition when they run for re-election!

  • Michelle H. Kichline, Chair
  • John DiBuonaventuro, Vice Chair and OUR Daylesford/Western/3rd District Supervisor
  • Paul Olson – 1st District
  • Mike Heaberg – At Large
  • Kristen Mayock – At Large
  • Evelyn (EJ) Richter – At Large

We should note that Supervisor Phil Donahue (2nd District) was the sole supporter of the DNA. He’s got some friends in Daylesford.

I am blessed to have met many of you for the first time via the DNA. I certainly hope to keep in touch and please join our FACEBOOK page to keep abreast of what’s going on in the neighborhood. We love building our network. If you’re out walking by our home, please knock. Join us for a cup of coffee … or better yet, a beer or a nice glass of wine! Our treat! :-)

You’re the best group of people! Thanks for everything!

Kind regards,

Trisha Larkin

1st Amendment Rights in Tredyffrin Township

September 7, 2012
39 Comments

“The dominant purpose of the First Amendment was to prohibit the widespread practice of government suppression of embarrassing information.” ~ William Orville Douglas, US Supreme Court Justice

According to John DiBuonaventuro’s letter to the citizens, Community Matters posts are an “ongoing effort to discredit our government and its efforts to serve the citizens by creating and fostering an environment of conspiracy among its limited readership.” I received many emails and phone calls in regards to the inappropriateness of the letter but more importantly, the inappropriate use of taxpayer dollars to post the letter on township letterhead on the township website. The letter contains a personal attack on me, Community Matters and on those citizens who dare to have an opinion. For some reason, DiBuonaventuro also feels compelled to mention my failed election in 2009 as a Board of Supervisors candidate … I guess that was contained in the letter, as a ‘just because’, he could … and he did.

I was hopeful that Michelle Kichline as the chair of the Board of Supervisors, the township solicitor Vince Donohue or the township manger Mimi Gleason would recognize the inappropriateness of DiBuronaventuro’s letter on our public website and that the letter would be removed quickly before any further damage was done to me or the other citizens of Tredyffrin Township.

I sent the following email this morning to Mimi Gleason, our township manager:

Mimi,

Who is responsible for Mr. DiBuonaventuro’s letter on the township website? Was placing the letter on the website sanctioned by you, the township manager?

I await your response.

Pattye Benson

I was extremely surprised by her immediate response below. Ms. Gleason states that she OK’d the letter on the website with approval from the chair of the Board of Supervisors, Michelle Kichline and township solicitor Vince Donohue. Folks, as a short-timer whose last day as township manager is Monday, September 17, 2012, Gleason has decided to make her true feelings known about me, Community Matters and for all those who dare to express an opinion. As sad as I was about the DiBuonaventuro letter, I wanted to believe in our government and the people we elected to serve. Bob Byrne, editor of TE Patch received a similar response from Gleason to his inquiry about the township website and DiBuonaventuro’s letter.

If the Board of Supervisors had been more forthcoming about the situation when the story first broke in the Main Line Media News, the outcome of the situation would have been very different. If the public had received any assurance from the Board of Supervisors that they were reviewing the internal investigation report of the Police Department, or if the public had known that the District Attorney’s office had reviewed the report, if, if, if, … no one said anything, there was no communication or explanation. Were it not that I went from the District Attorney, to the District Judge and then to the Police Chief, we would still have questions and no answers. The summary information I provided on Community Matters was not secret, the residents could have had, and should have had it.

So what is the bottom line? Gleason’s email says to me that to hold our government and its elected officials accountable by the citizenry is not acceptable in Tredyffrin Township. You read her response and be the judge.

Pattye,

I think it is interesting that you seek information from me now, but not before starting a storyline full of inaccuracies and innuendos that had the potential to harm people’s reputations. Correcting falsehoods well after the fact does not undo the damage from your original posts. You feed cynicism and assumptions of impropriety when there is absolutely no basis for it.

You have done the same thing with the assisted living facility. So much of what you have written on that topic is factually incorrect. Why don’t you make an effort to get accurate information before you write articles and leave impressions with your readers? You have to know that your so-called legal expert has no expertise, and therefore I can only conclude that you share his agenda to make the Township and the Board of Supervisors look bad, without any regard for the truth or ethics. That has been a disappointing conclusion to arrive at.

In answer to your question, it is unusual to post a statement from an individual Supervisor, but given the inaccurate and derogatory statements and innuendo publicly made about John DiBuonaventuro, I decided to approve the posting of the letter on the Township website. In this case, he was the subject of baseless public speculation simply because he is a Tredyffrin Supervisor. The circumstances justified the use of the website to publicly defend him, carrying with it the implicit endorsement of the Township to the accuracy of his statements. The Chairman of the Board of Supervisors and the Township Solicitor agreed that it was appropriate for the letter to go on the website.

Mimi

Police Department Provides Press Release re Clerical Error of Police Officers

September 5, 2012
9 Comments

Michelle Kichline, chair of the Board of Supervisors provided the following press release from the Police Department in regards to the Suzy Pratowski matter and the absence of police officers at the hearing. I believe that this was the press release that was sent to the Philadelphia Inquirer. This press release indicates that an internal investigation was conducted and the report was then reviewed by the BOS chair and by the District Attorney’s office.

Tredyffrin Township Police Department

Press Release

With reference to the case involving Suzanne Pratowski, a hearing was scheduled for Tuesday, August 21, 2012 regarding the summary charges of criminal mischief and public drunkenness. Due to a clerical error on the part of the officers (affiants) from a rescheduling of the original hearing date of Tuesday, July 24, 2012, the officers were unaware of the scheduled summary hearing.

A complete and thorough internal investigation was immediately conducted by and reviewed by the investigative division (internal affairs) of the police department. The Chairman of the Board of Tredyffrin Township Supervisors and the Chester County District Attorney’s Office has reviewed the police department’s findings. The findings showed that this was a clerical mistake on the part of the police officers and no outside influence of any type were evident in the process. Internal corrective actions were taken as a result of this investigation.

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