November 18, 2015.

Senate Hearing Room 1.

Agenda.

Testimony from senior staff attorneys in the Office of Attorney General.

Bruce R. Beemer Esq., First Deputy Attorney General

James A. Donahue Esq., III, Executive Deputy Attorney General

Robert A. Mulle Esq., Executive Deputy Attorney General

Lawrence Cherba Esq., Executive Deputy Attorney General

Office of the Attorney General.

John Gordner, Chairman of the Senate Special Committee.

Senator John Gordner.

Senator Sean Wiley.

Senator Joe Scarnati.

Is the Attorney General coming to work.

Senator Judith Schwank.

Senator Lisa Baker.

Do any of you have reason to believe your career could be in jeopardy by appearing before this committee or because of communications you have offered.

Senator Art Haywood.

What is the role of the Attorney General.

Senator Gene Yaw.

Can any of you do your job with a suspended law license.

Questions round two.

Senator John Gordner

Contact with Kathleen Kane since October 22nd.

Senator Sean Wiley.

Do you feel the integrity of the office is still on solid ground.

Senator Judith Schwank.

Do you believe the office is vacant.

Senator Lisa Baker.

What the Attorney General can't do.

Senator Art Haywood.

First Deputies taking responsibility.

Senator Gene Yaw

The engineer for this train is not there.

Senator John Gordner.

Delegation of duties.

______________

Tuesday, November 17, 10 a.m. in Hearing Room 1 of the State Capitol’s North Office Building in Harrisburg.

Bruce Antkowiak – Professor, Saint Vincent College

Beth L. Weisser – Partner, Fox Rothschild LLP

Robert H. Davis, Jr. – Professor, Widener University’s Commonwealth Law School

Opening.

Senator Gordner.

Robert H. Davis Jr.

Beth L. Weisser.

Sen. Gordner.

Sen. Haywood.

Sen. Yaw.

Sen. Schwank.

Sen Baker.

Sen. Wiley.

Sen Scarnati.

______________________

Questions rounds two.

Sen Gordner.

Sen Haywood.

Sen. Schwank.

Sen. Baker.

Sen. Wiley.

Closing statement.

__________________

Monday November 9, 2015

The Pa Senate Special Committee on Senate Address held the first public meeting Monday at 1pm in Harrisburg.

Senate Hearing.

Part 1.

Part 2.

Part 3.

Part 4.

Senator John Gordner, chair of the committee answered questions after the 75 minute hearing.

Senator Gordner on serving a subpoena to Attorney General Kathleen Kane.

We were able to work through Kathleen Kane's private counsel, the subpoena was accepted on Friday.

Attorney General Letter Requesting Documents.

November 6th Letter from AG Kane to Senator Gortner.

Subpoena Duces Tecum.

Order No. 1683 (Waters)

Member of the Pennsylvania General Assembly, House of Representatives

191st Legislative District

Harrisburg, PA

ORDER SUMMARY:

1. Ronald G. Waters (“Waters”) violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when he utilized the authority of his public office in his capacity as a Member of the Pennsylvania General Assembly, House of Representatives (“House of Representatives”), representing the 191st Legislative District, to solicit and/or to accept items of monetary value, namely cash, for the sole purpose of realizing a private pecuniary benefit, which he would not have otherwise been offered but for his public office.

2. A violation of Section 1103(c) of the Ethics Act, 65 Pa.C.S. § 1103(c), occurred when Waters utilized the authority of his public office in his capacity as a Member of the House of Representatives, representing the 191st Legislative District, to solicit and/or to accept items of monetary value, namely cash, based on the understanding that his action as a Member of the House of Representatives, including official action and/or judgment, would be influenced by receipt of said cash.

3. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Waters failed to disclose the name and address of the source of cash payments exceeding $1,300.00 on Statements of Financial Interests filed for the 2010, 2011, and 2012 calendar years.

4. A violation of Section 1105(b)(7) of the Ethics Act, 65 Pa.C.S. § 1105(b)(7), occurred when Waters failed to disclose on a Statement of Financial Interests filed for the 2013 calendar year the name and address of the source and the amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with public office or employment when such actual expenses for transportation and lodging or hospitality exceeded $650.00 in an aggregate amount for the calendar year.

5. Per the Consent Agreement of the parties, Waters is directed to make payment in the amount of $10,000.00 payable as follows: (1) $1,000.00 representing four years of deficient Statement of Financial Interests filings, payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order; (2) $250.00 representing a portion of the expenses and costs incurred by the Pennsylvania State Ethics Commission in the investigation and administrative prosecution of the instant matter, payable to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order; and (3) $8,750.00 payable to the Commonwealth of Pennsylvania, through the Dauphin County Court of Common Pleas, with such restitution concurrent to any restitution ordered by the Dauphin County Court of Common Pleas in the matter docketed as: CP-22-CR-0000519-2015. 6. Per the Consent Agreement of the parties, Waters is further directed to not accept any reimbursement, compensation or other payment from the House of Representatives representing a full or partial reimbursement of the amount paid in settlement of this matter.

7. To the extent he has not already done so, Waters is directed to file complete and accurate amended Statements of Financial Interests for the 2010, 2011, 2012, and 2013 calendar years with the House of Representatives, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.

8. Compliance with paragraphs 5, 6, and 7 of this Order will result in the closing of this case with no further action by this Commission.

a. Non-compliance will result in the institution of an order enforcement action.

____________________

Order No. 1682 (Brownlee)

Member of the Pennsylvania General Assembly, House of Representatives

195th Legislative District

Harrisburg, PA

ORDER SUMMARY:

1. Michelle F. Brownlee (“Brownlee”) violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when she utilized the authority of her public office in her capacity as a Member of the Pennsylvania General Assembly, House of Representatives (“House of Representatives”), representing the 195th Legislative District, to solicit and/or to accept items of monetary value, namely cash, for the sole purpose of realizing a private pecuniary benefit, which she would not have otherwise been offered but for her public office.

2. A violation of Section 1103(c) of the Ethics Act, 65 Pa.C.S. § 1103(c), occurred when Brownlee utilized the authority of her public office in her capacity as a Member of the House of Representatives, representing the 195th Legislative District, to solicit and/or to accept items of monetary value, namely cash, based on the understanding that her action as a Member of the House of Representatives, including official action and/or judgment, would be influenced by receipt of said cash. 3. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Brownlee failed to disclose the name and address of the source of a cash payment exceeding $1,300.00 on Statements of Financial Interests filed for the 2011 calendar year.

4. A violation of Section 1105(b)(7) of the Ethics Act, 65 Pa.C.S. § 1105(b)(7), occurred when Brownlee failed to disclose on Statements of Financial Interests filed for the 2011 calendar year the name and address of the source and the amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with public office or employment when such actual expenses for transportation and lodging or hospitality exceeded $650.00 in an aggregate amount for the calendar year.

5. Per the Consent Agreement of the parties, Brown is directed to make payment in the amount of $2,500.00 payable as follows: (1) $250.00 representing one year of deficient Statement of Financial Interests filings, payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order; (2) $250.00 representing a portion of the expenses and costs incurred by the Pennsylvania State Ethics Commission in the investigation and administrative prosecution of the instant matter, payable to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order; and (3) $2,000.00 payable to the Commonwealth of Pennsylvania, through the Dauphin County Court of Common Pleas, with such restitution concurrent to any restitution ordered by the Dauphin County Court of Common Pleas in the matter docketed as: CP-22-CR-0001537-2015.

6. Per the Consent Agreement of the parties, Brownlee is further directed to not accept any reimbursement, compensation or other payment from the Pennsylvania General Assembly representing a full or partial reimbursement of the amount paid in settlement of this matter.

7. To the extent she has not already done so, Brownlee is directed to file a complete and accurate amended Statement of Financial Interests for calendar year 2011 with the House of Representatives, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.

8. Compliance with paragraphs 5, 6, and 7 of this Order will result in the closing of this case with no further action by this Commission.

a. Non-compliance will result in the institution of an order enforcement action.

Photo Ron Waters file.

Justice Michael Eakin released the following statement Thursday afternoon.

In an effort to alleviate any mistrust of the process, I have asked the Judicial Conduct Board to forgo further deliberation of this matter, and remove the matter to the Court of Judicial Discipline immediately. The Board’s process is set forth in the Constitution and involves confidentiality, which has led to unfortunate and wholly misguided accusations against the integrity of its process, as well as the integrity of the Board’s members and staff. The CJD, however; is not bound by the same strictures and allows a fuller airing of the facts before a dispassionate body, which will have the opportunity to express without hyperbole the reasoning behind whatever result the Court may reach. It is my fervent hope that advancing the Constitutional procedure will in the end assure public confidence in the process, and its result.