w w w. c a p i ta l - wat c h .
c o m
CapitalWatch
VOL. 3 NO. 9 SEPTEMBER 2010
inside PA beats August tax revenue
Tolling interstates
could be part of
future transportation
collection estimates
Pennsylvania collected more
sales tax revenue than expected
funding bill in August, helping to break a
PAGE 4 streak that has lasted for more
than two years.
According to monthly
tax collection information
Creedon leaves state released by the state Revenue
post; O’Reilly named Department, Pennsylvania
collected $1.8 billion in General
as successor Fund revenue in August, which
PAGE 6 was $7.1 million more than
anticipated. The last month
revenues exceeded estimates
was April of 2008.
You can go home And although the fiscal year
again only began in July, General
Fund collections thus far for the
PAGE 10 year total $3.5 billion, which is
$6 million above estimate.
Sales tax receipts totaled
EDITORIAL: $700.9 million for August, $34.5
million above estimate. Year-
Sometimes you to-date sales tax collections
can’t see the forest total $1.5 billion, which is
also $34.5 million more than
for the trees expected. August 2010’s sales
PAGE 14 tax revenue also represented a
$38.2 million improvement over
August 2009’s $662.7 million in
collections.
But Pennsylvania’s personal
income tax revenues illustrate
Check us out online at that problems still exist in the
state’s economy.
www.capital-watch.com Compared to August 2009,
the state took in $32.6 million
Have a news tip or story less in PIT revenue last month:
suggestion? New hires? Births, $650.9 million in 2010 versus
engagements, sightings? Got a $683.5 million in 2009.
better idea? Know of an interesting And the commonwealth’s
state or local government program corporation tax showed a similar
that addresses a real need or solves weakness, with the state’s
a problem in an innovative —
and widely replicable — way?
Know of a study, report,
guidebook, website or other
PennDOT denies problems exist with device used to catch speeders
By Jim Quirk,Capitolwire
resource that would be helpful
to your peers in state or local A man who avoided a speeding
government? Tell us about it. ticket fine by showing that a
E-mail the information to device to catch speeders could
be inaccurate is now raising
goodwinpin@comcast.net.
questions about it that PennDOT
Anonymity is assured. waves off or declines to answer.
Lawmakers are also looking for
LANC., PA 17604
PERMIT 280
PAID
U.S.POSTAGE
PRSRT STD
CAMPAIGN 2010—PAGES 8-9
August 2010 take coming in
$8.1 million below the August
2009 revenue total - $42.1
million in 2010 compared to
$50.2 million in 2009.
Last month’s realty transfer
tax revenue also dropped from
the August 2009 revenue
total - $23.3 million compared
to last year’s $29.1 million –
indicating the real estate market
in the commonwealth has yet
to adequately recover from its
extended downturn.
Despite those areas of concern,
this year’s total General Fund
collections are $200 million, or 6
percent, ahead of where they were
a year ago: $3.5 billion compared
to $3.3 billion last year.
Gov. Ed Rendell said it was
too early to declare victory, but
it was good to have a month
above the revenue estimates,
particularly since the 2010-11
state budget is predicated on
3-percent revenue growth.
Senate Republican caucus
spokesman Erik Arneson
responded by e-mail about
the new revenue figures:
“Being slightly above estimate
is certainly better than the
alternative, but the governor
is correct when he says it is too
early to declare victory. The
national economy remains weak,
some economists are predicting
a double-dip recession, and
consumer confidence remains as Pennsylvania is seeing signs that growth has returned to state
low as it was a year ago. Those revenue streams. The state Department of Revenue released August’s
factors do not seem to bode well collections showing that state revenues came in at $1.8 billion for the
for future months.” CW month, or $7.1 million more than anticipated.
answers to the questions raised PennDOT says it is satisfied the several basic questions he and
by that engineer, Earle Drack. non-radar device operates correctly others have raised.
The dispute is about a and was properly approved. Drack, an electrical engineer
Pennsylvania Department of But Drack, a trained engineer from Chester County who holds
Transportation-approved device who studied up upon the device a Master’s degree in engineering
used by local police departments to fight traffic tickets in court from Cornell University, told
to catch speeders. says PennDOT is ignoring the Senate Transportation
see penndot page 3
Capitolwire com a service of GovNetPA, Inc.
Pennsylvania’s #1 Online Source for Political, Legislative and Public Policy News
For a free trial subscription, please visit our web site at www.capitolwire.com.
 Stop the bleeding from all the cuts.
As a desperate and misguided measure,
our legislators and Governor Rendell
continue to cut critical programs and
services for seniors and people with
disabilities in an attempt to balance the
state’s budget.
Meanwhile, our seniors and people
with disabilities, many of whom struggle
against limited access and a lack of
opportunities that force them to subsist
on meager State Supplementary
Payments, find the little assistance they
receive threatened by further cutbacks.
When times are hard and lives hang in the
balance, Harrisburg can’t afford to make
such short-sighted cuts that will prove
costly in the long run, both in human and
in fiscal terms.
Use your voice. Call your legislators and
the Governor today and tell them to raise
state revenue instead of cutting programs
and services for our seniors and people
with disabilities.
Call Governor Rendell’s office now at:
(717) 787-2500
To find and contact your legislators, visit:
www.libertyresources.org/takeaction
and call, write, e-mail, or fax them today!
www.libertyresources.org
SEPTEMBER 2010 CAPITAL WATCH
CapitalWatch
www.capital-watch.com
PennDOT denies problems exist
with device used to catch speeders
PUBLISHER/AD DIRECTOR
Jim Laverty
(717) 233-0109, ext. 122
EDITORIAL continued from page 1
Editor-in-chief
Jacqueline G. Goodwin, Ed.D. Committee during a hearing in August
goodwinpin@comcast.net that ENRADD has accuracy issues.
(717) 418-3366 ENRADD, which stands for Electronic
Non-radar Device, is a speed-timing device
Contributing Writers used by some local police departments in
Peter L. DeCoursey lieu of radar. Local police departments use
Deena C. Malley ENRADD because Pennsylvania remains
Laura Olson the only state in the country that does not
Jim Quirk allow them to use radar. Only state police
News Service are allowed to use radar to catch speeders
Capitolwire in Pennsylvania.
PennDOT originally approved the use
Graphic Design of ENRADD – which is manufactured by
Lisette Magaro York firm YIS/Cowden Group, Inc. – in
Production 1996. In 2003, PennDOT approved a
Shawn Skvarna wireless version of the device, which has
become “the system of choice” for local
departments ever since, YIS owner Jim
Capital Watch is published every month.
Reproduction of this publication in whole Cowden said in a recent interview.
or part is prohibited except with the He said about 45 departments are
written permission of the publisher. Capital using wireless ENRADD systems now.
Watch is non ideological and nonpartisan. The ENRADD wireless device uses
infrared beams to determine vehicle
speeds. Three-foot-long bar-like devices
affixed with beams on either end are
placed alongside a roadway. Speed is
determined by the time it takes for a
moving vehicle to pass by the first beam
and hit the second beam.
(717) 233-0109, ext. 114 The officer who operates the device,
meanwhile, is able to sit in his vehicle,
PennDot says it is satisfied the non-rader device, ENRADD, operates correctly.
hidden away from traffic, while the
speeds of passing vehicles appear on a
digital screen before him that is part of
the ENRADD unit.
In addition to pointing out accuracy
problems, Drack also raised issues
with PennDOT’s approval process for
ENRADD, and that there are potential
calibration problems with the device.
Whether the committee decides to
investigate the concerns with the device
further, however, remains to be seen.
news 3
Mark Meyer, spokesman for committee
Chairman John Rafferty, R-Montgomery,
said recently the committee only planned
to submit a copy of Drack’s testimony to
PennDOT for review.
Drack became interested in ENRADD
after getting pulled over for speeding
in Chester County in 2007. He did not
believe then that he was speeding, so dug
up information on the device and went to
court prepared to fight the ticket. Only
one of the two officers who ticketed
Drack showed up to court, however, so
Drack did not have to pay the fine.
In 2009, Drack said he was cited for
speeding again in Chester County, and
received a ticket that indicated he was
traveling 69 miles per hour in a 55 mph
zone. Drack claimed he did not exceed the
speed limit, so fought the matter in Common
Pleas Court, where he successfully pointed
out accuracy and calibration issues with
ENRADD, and was found not guilty.
Drack told the committee that the
accuracy of ENRADD is “dependent on
the distance traveled between the beam
breaks to be known accurately.”
The distance of the ENRADD device
is assumed to be three-feet “since that is
the beam separation on the roadside set
by the mechanical support.”
“It is easy to see, however, that if
beams are triggered by two different
points on the car, say by the tires for
the start beam and the bumper for the
stop beam, then the distance traveled is
not three feet but less, resulting in an
artificially high speed reading,” Drack
stated in written testimony.
He said that it has been “implied that a
test-drive of the police vehicle through the
ENRADD is a good way to ensure proper
alignment and thus avoid bad tickets.”
However, “if the beams are set to a
height that corresponds to the center
of the police vehicle bumper, the device
could read correctly for that vehicle
even if there are several inches of height
difference between beams.”
With that in mind, according to
Drack, “the reading will be correct
for the police vehicle but may have
large errors for vehicles with different
bumper heights/profiles like SUVs or
pickups,” Drack testified.
see penndot page 6
4 news SEPTEMBER 2010 CAPITAL WATCH

Tolling interstates could be part of future

transportation funding bill By Jim Quirk, Capitolwire

Tolling Interstate 80 in Pennsylvania is still a possibility after all.
The state could update its rejected application and resubmit it
to the Federal Highway Administration, according to federal and
state officials during a Sept. 1 hearing.But the state’s top trans-
portation officials told members of the Senate Transportation
Committee and the Senate caucuses’ policy committees that
he’s skeptical whether the Legislature would support the nec-
essary changes to make the application succeed.
The hearing was to allow lawmakers to learn more
about different tolling options the state could consider
in the effort to close Pennsylvania’s huge transportation
funding hole. The state had submitted an application to the
Federal Highway Administration to toll I-80, but that was
rejected earlier this year.
If the state’s application was approved, tolling I-80 would have
generated $472 million per year that would have been used for road
and bridge projects across Pennsylvania, as well as for mass transit.
Thomas Holian, the highway administration’s acting chief counsel,
and state Department of Transportation Secretary Allen Biehler told the
committees the application failed because federal law requires that the toll money
collected from drivers on I-80 to only be spent on that interstate.
Sen. Michael Stack, D-Philadelphia, asked whether the “defect in our application
could be fixed somehow so that we would be able to toll I-80, or are we truly dead
in the water?”
The state would have to amend Act 44 – which was adopted in 2007 and autho-
rized the tolling of I-80 – and change the fund distribution if it wanted to resubmit
its proposal, Biehler said.
“My sense is you could cure it [application], but I think the recipe for curing it
would be, number one, you’d have to change Act 44 to not [state] that some of that
revenue will go elsewhere other than Interstate 80,” Biehler replied. “Next is, would
the Legislature agree to that? … Would you get the same voting support that you
had when it was originally passed?”
Holian said federal law has prohibited states from charging tolls on federal high-
ways since 1916. However, Congress since that time has allowed some tolling to be
allowed under special programs, he said.
One of those programs – the Interstate System Reconstruction and Rehabilitation
Pilot Program [ISRRPP] – is what the state applied for in its quest to toll I-80,
Holian said. There are three openings under that program, and two of them are
already reserved for Interstate 81 in Virginia and Interstate 70 in Missouri, he said.
That leaves one slot remaining, meaning Pennsylvania could correct its application
and resubmit it, Holian and Biehler said.
Biehler said the annual funding need for I-80 is $100 million, which only scratches
the surface of Pennsylvania’s overall $3.5 billion transportation funding hole.
Gov. Ed Rendell spokesman Gary Tuma said after the hearing that tolling I-80 just for
projects on that highway “could be a small piece of the transportation funding solution.”
“It could no way be the entire solution,” Tuma said.
Senate Transportation Committee Chairman John Rafferty, R-Montgomery, asked
Holian whether it is possible for the state to place tolls on interstate highways at
Pennsylvania’s borders.
Holian said federal law does not state anything about the placement of toll facili-
ties. But one of the factors the federal government considers in weighing an applica-
tion to the same program Pennsylvania applied to “is the state plan for implementing
those tolls, taking into account local, regional and interstate travelers,” Holian said.
The secretary of the Federal Highway Administration might
take into account tolling facility locations in deciding whether
to approve an application to the program, he said.
But Holian said states seeking to toll highways near borders
has been approved by the highway administration in the past.
“Tolling frequently occurs in locations that are fairly
close to the border,” he said.
Rafferty also asked whether money from tolls could be used
to pay for the police costs associated with interstate highways.
Holian said the federal statute indicates money from tolls are
for “the operation and maintenance” of interstate highways.
“So, if the state determines that [police] is necessary for
the operation and maintenance … we would end up deferring
to the state,” he said.
One of the other tolling options the state could consider,
Holian said, is seeking federal permission to toll High Occupancy
Vehicle [HOV] lanes – also known as High Occupancy Toll [HOT]
lanes. The state would not be allowed to toll vehicles that meet a “high
occupancy” requirement, motorcycles or public transportation vehicles that use
HOT lanes, he said.
However, it would be able to toll vehicles that do not meet the required occupancy
requirements to use HOV facilities, Holian said.
To toll HOV roads, the state would first have to enter into a toll agreement with
the administration, he said. “Such an agreement must require that all toll revenues
received from the operation of the facility will first be used for debt service, reason-
able return on private investment, and the costs necessary for the proper operation
and maintenance of the facility,” Holian said in written testimony.
Another tolling route the state could consider is the Express Lanes Demonstration
Program, he said.
Under this program, the state could toll certain express lanes, but the money
collected could only be used for maintenance, debt service and the operation of the
particular lanes, Holian said.
The Interstate System Construction Toll Pilot Program is another option the state
could consider, he said.
It is similar to the ISRRPP, but it is limited to new interstate construction, and
money cannot be used for maintenance of highways, Holian said.
Unlike the ISRRPP, which requires the interstate to be located in three separate
states, the Interstate System Construction Toll Pilot Program “may span two or more
states and may be operated and administered through an interstate compact,” he said.
Rafferty said after the hearing he doesn’t expect any bills to be brought forward
this session that seek to toll Pennsylvania highways. He said a comprehensive trans-
portation funding bill could be considered next year that includes some of the tolling
options discussed Wednesday.
Rendell and the House Democrats believe a bill providing some kind of transporta-
tion funding should be passed before the November election.
Rendell and Biehler last week unveiled a proposal to raise transportation revenues
by $1 billion per year by increasing the tax on oil company profits and increasing fees
for driver’s licenses, vehicle registrations and inspection stickers.
Brett Marcy, spokesman for House Majority Leader Todd Eachus, D-Luzerne, said last
week the caucus is working on a bill that will contain elements of Rendell’s proposal.
Tuma said all of the potential tolling options discussed by Holian could “be helpful
in the long run, but they are not immediate or short-term solutions to the funding
needs.” CW

Dichter to leave post as Public Welfare Secretary

Pennsylvania Department of Public
Welfare Secretary Harriet Dichter will
resign her post, effective Sept. 15, to
open the Washington, D.C., office of the
First Five Years Fund, an early educa-
tion advocacy organization.
Gov. Ed Rendell has announced that
Michael Nardone, deputy secretary for
DPW’s Office of Medical Assistance
Programs, will become acting secretary
beginning Sept. 16.
Nardone oversees Pennsylvania’s
Medicaid program, which serves more
than 2 million Pennsylvanians, and has
more than three decades of experience
in the health and human services field on
the state and national level.
In June, Nardone was one of six
Medicaid directors nationwide chosen
to be a fellow in the 2011 class of the
Medicaid Leadership Institute.
Dichter assumed the responsibility as
Acting Secretary of the Pennsylvania
Department of Public Welfare at the
beginning of 2010 and was unanimous-
ly confirmed as secretary by the state
Senate on April 20, 2010. In recent
years, Dichter’s primary role has been
in early childhood education, and she
served as the commonwealth’s first-ever
Deputy Secretary of the Office of Child
Development and Early Learning for
the Departments of Public Welfare and
Education. CW
 September
SEPTEMBER 2010
2010 CAPITAL
CAPITAL WATCH
WATCH
John T. Tighe, III
Founder & CEO
TMG Health
A graduate of the University of Pittsburgh’s School of
Pharmacy, John T. Tighe III has played a pivotal role
ensuring the people of this country receive quality
health care. He began his career working for the
American Society of Health-Systems Pharmacists
(ASHP), National Association of Retail Druggists
(NARD) and the Parenteral Drug Association (PDA).
In 1987, Tighe took over as newly elected Governor
Robert Casey’s Secretary of Administration, the
youngest in the history of Pennsylvania. There, he co
-founded the Pennsylvania Employee Benefit Trust
Fund (PEBTF), a $400 million fund that administers
health care benefits for 330,000 active and retired
state employees and their dependents. He quickly
moved up to Deputy Chief of Staff and was the prime
staff architect of Pennsylvania's Children’s Health
Insurance Program (CHIP), which served as a model
for the popular Federal program.
Upon leaving the Governor’s office, Tighe worked at
Independence Blue Cross (IBC) where he developed
the nation’s first Medicare PPO health plan under a
CMS demonstration program in 1997. He was also
responsible for the development and operation of
IBC’s Medicare and Medicaid HMO businesses.
Tighe started TMG Health, Inc. in 1998, providing
Business Process Outsourcing (BPO) services to
government healthcare plans. Today, TMG Health is
the nation’s leading BPO company serving the Medi-
care and Medicaid markets.
Through his career and community outreach efforts,
Tighe has dedicated his life to improving the health
care sector, government programs and non-profit
organizations. He has been a model for generosity
within his own organization, bringing attention to
people in need, young and old, and volunteering with
his employees in the local community. In 2009, Tighe
was elected Chairman of the Pennsylvania Business
Council. He is currently on the Board of Directors of
the United Way of Lackawanna County, and served
on the Robert Wood Johnson Foundation’s National
Advisory Committee for its new Communities in
Charge initiative. This $16.8 million initiative provided
grants to support local planning and implementation
of proposals for improving access to health care for
the uninsured.
Tighe resides in Merion with his wife Mary Grace. His
son Tommy is currently attending Southern Methodist
University in Dallas, Texas while his daughter Maggie
is pursuing a degree of her own from Tighes' alma
mater, the University of Pittsburgh.
advertorial
Policy Roundtable Spotlight
The PBC Policy Roundtable, like its national counterpart in Washington, is a forum in which CEOs meet on a peer-to-peer basis to formulate public
policy proposals to the most pressing issues of competitiveness. The Policy Roundtable provides senior managers the opportunity to interact exten-
sively with policymakers, policy experts, media, and other stakeholders; participate in policy evaluation; vote on long-term public policy strategy; and
guide policy education/advocacy efforts. Corporate Chairpersons, CEOs, COOs, CFOs, and Presidents (or the most senior person in Pennsylvania
for a firm with an out-of-state HQ), are invited to become members of the PBC Policy Roundtable.
CW: What are your major products/
services?
TMG Health provides services for a vari-
ety of government healthcare products
including: Medicare Advantage; Medicare
Supplement; Medicaid Managed Care; Part
D (drug) and Children’s Health Insurance
plans.
We offer up to and including full business
process outsourcing (BPO) services which
include: managed care IS systems, data
management/reporting; enrollment and
eligibility processing; premium billing and
reconciliation; claims processing; member
and provider call center services; printing
and fulfillment; health risk screening,
working aged and Part D COB surveys;
medical management system support and
consulting; and support marketing ser-
vices.
CW: Tell us a little bit about the history
of your firm?
The idea to start TMG Health originated
when I was working at Independence Blue
Cross. I was responsible for the develop-
ment and operation of IBC’s Medicare and
Medicaid HMO businesses. I realized that
there was a great opportunity in the indus-
try for a BPO that specialized in govern-
ment healthcare administrative services.
The idea percolated in my head for six or
seven months. Finally, in 1988, with some
encouragement from my wife, I decided to
take the leap. I left Blue Cross, raised the
venture capital, and launched TMG Health.
The “TMG” represents the initials of my
wife and children. We set out to do the
basics excellently and to make compliance
with government regulations easy for our
clients.
The universal appeal and application of
this approach to “the basics” was soon
evident. We envisioned focusing on small-
and medium-sized government health
plans, but with our first five or six clients,
each was bigger than the last, and we real-
ized our system was applicable to the big
guys. We’ve been operating nationally
since 2003.
Today, TMG Health administers services
for more than 30 separate health plans and
insurers with members in all 50 states.
This includes 14 Blue Cross Blue Shield
plans; one of the largest PBMs for Part D
administration; the largest and fastest
growing Special Needs Plans in the coun-
try; and more than 125 retiree groups for
Medicare Advantage, Part D, and Prescrip-
tion Drug Plan products. Over the course
of each year, TMG Health supports more
than 2.8 million Medicare and Medicaid
members handling over 20 million health
claims; up to one million enrollments; and
1.5 million service calls annually.
CW: How did you grow the firm?
During the first several years after the
firm's founding, we overcame the chal-
lenges of competition, healthcare regula-
tion changes, and exponential growth to
become the country’s leading BPO com-
pany serving the Medicare and Medicaid
markets.
Now we share the same challenges as other
firms — finding customers and finding
good employees to serve them.
CW: How do you continue to innovate?
In 2008, I sold TMG Health to Health Care
Service Corp. This move allowed TMG
Health to remain its own entity while gain-
ing the resources and support of the fourth
largest health insurer in the country.
TMG Health continues to reorganize itself
in response to industry and regulatory
changes in order to continue its record of
quality services while strengthening its
role in improving the ability for Americans
to get quality Medicare, Medicaid and Part
D services.
CW: Where else does the firm have
business locations?
We currently have four offices. Our corpo-
rate headquarters is located in King of
Prussia, Pennsylvania and we have two
operations centers in Scranton and Dun-
more. We recently celebrated the one-year
anniversary of our latest office and call
center in Amarillo, Texas which allows
TMG Health to remain operational across
time zones and ensures the company’s
quality control in the case of disaster re-
covery.
TMG Health also offers the exciting
opportunity to many employees to work
from home. We have strong compliant
standards with an efficient monitoring
system that provides the company and its
clients quality services while offering em-
ployees flexibility in their schedules. Many
stay-at-home moms take advantage of this
career opportunity.
. PBC’s affiliated political action commit-
CW: Would you invest more in Pennsyl-
vania? If not, what has to change to im-
prove Pennsylvania’s competitive busi-
ness climate?
I grew up in Pennsylvania and TMG
Health has its roots in state funding. So it’s
NEWS 11 5
news
important to me that I continue to give
back to the state and especially the
Scranton area that gave me my start.
Having said that, we’re running a for-
profit business and so making sure that
Pennsylvania has a competitive business
climate is very important to me.
One of my priorities at the Pennsylvania
Business Council is the long-term devel-
opment and application of a data analy-
sis and benchmarking project that com-
pares Pennsylvania’s business climate to
that of other states. We believe policy-
makers should measure on an annual
basis whether the actions the Common-
wealth is taking are resulting in im-
provement to its job creation climate.
We’re not going to become a stronger
state for job growth unless we make an
honest assessment and publish a score-
card of where we are relative to compet-
ing states and nations, and understand
the direction in which we’re moving.
CW: Are there policy changes your
firm is advocating? If so, what and
how?
Our business is driven by healthcare
policy and insurance issues so that’s the
most important area of policy for us.
TMG Health isn’t advocating policy
change in healthcare, but always works
hard to stay on top of the regulations to
ensure the compliance of our firm and
our customers. We are working hard to
monitor the implementation of the new
healthcare reform law.
TMG Health has established a relation-
ship with the Centers for Medicare and
Medicaid Services (CMS) through years
of experience. We will continue to en-
gage them to be sure we keep our many
clients in compliance with the changing
rules and regulations.
CW: What are your expectations or
hopes in the next elections?
For the last 12 years that TMG Health
has been in the business of government
healthcare administration, I have seen
various political landscapes and as a
company, we have met all the chal-
lenges presented as opportunities to
grow.
tee — PEG PAC — gives all of its
members great insight to elections and
probable outcomes. I rely on the organi-
zation’s guidance to give my manage-
ment team a sense of what the future
holds for us.
6 news
PennDOT denies problems exist with device
used to catch speeders
“The manufacturer is aware of this
problem, going so far as to tell officers via
the training manual to ‘avoid triggering
in the middle range ... because you may
trigger off different points on the car,’”
Drack testified. “The problem, of course,
is that what is ‘middle range’ for one
vehicle is not ‘middle range’ for another.”
Road unevenness and slight changes
to vehicle height between the ENRADD
start and stop beams could also cause
erroneous readings, he testified.
PennDOT spokeswoman Danielle
Klinger said in a recent e-mail message
to Capitolwire that PennDOT is “satisfied
that when set up and operated as directed,
the unit will perform as designed for the
law enforcement officials who use them.”
Cowden said that, “if you use the unit
wrong, you could have problems.”
“If you use them improperly, you could
get a false or inaccurate reading,” he said.
“All of these devices have a human factor
to them.”
He said that when his company sells
ENRADD units to police departments,
it requires that police officers receive
proper training on how to use them.
“We as a manufacturer won’t sell them
without training,” Cowden said.
The independent lab that conducted
testing on the wireless ENRADD system
for PennDOT could not guarantee
that the device would be accurate on
Pennsylvania roadways.
Tom Melton, of Maryland firm
Electronic Services and Instrumentation,
said recently when he tested the wireless
ENRADD in 2003, it was inside a
laboratory and not on actual roads.
“It’s really a good system,” he said. “It
could transmit the speed to a policeman
a quarter-mile down the road instead of
them hiding in the bushes.”
PennDOT’s policy for having a
speed-timing device tested requires
the manufacturer to identify three
independent labs. PennDOT then
chooses the lab, and the manufacturer
pays to have the tests conducted.
The manufacturer, under PennDOT’s
policy, is required to provide a procedure
for the lab to test a particular device.
The procedure for the ENRADD unit,
Melton said, involved conducting tests
inside the ESI laboratory.
Klinger, in an e-mail message, wrote,
“The lab sends the results directly to
PennDOT. If the lab results indicate
the device operates accurately and as
Creedon leaves state post; O’Reilly named as successor
Jim Creedon, secretary of the Department
of General Services (DGS) has resigned
and is leaving to start a management
consulting firm in the Lehigh Valley.
Rendell has appointed Elizabeth
O’Reilly, currently the deputy secretary
for public works, to succeed Creedon.
Creedon joined the Rendell adminis-
designed, PennDOT publishes notice in
the Pennsylvania Bulletin that the device
is approved for use.”
Melton, however, said he sent the
lab results only to YIS. PennDOT
would not comment on why it accepted
the lab results even though they were
submitted to the department by YIS
instead of ESI.
PennDOT was asked if it could
confirm whether the lab results were ever
reviewed for accuracy, and if so, whether
the person had the technical background
to understand the results? PennDOT
was also asked if the independent lab
results showed whether the ENRADD
device would be accurate on state roads?
Klinger, in her e-mail response, wrote:
“The Division Section Managers at the
time or their staff would have received the
test results and reviewed them or have
had them reviewed within the extent/
limitation of Department expertise;
the Department reviews the results
for compliance with the appropriate
procedures; with regard to the actual
science and technology, the Department
relies on the expertise of the independent
testing lab, but can certainly determine if
the test results appear to be fundamentally
faulty. The Division Section Managers
who were responsible for authorizing
the publication of the approval of the
device in the Pennsylvania Bulletin are
no longer with the Department.”
She also wrote that PennDOT “is
satisfied that the test, conducted in a
controlled, simulated environment, was
sufficient to demonstrate the device would
perform according to specifications on
the highways in the Commonwealth.”
When it was pointed out that Melton
could not guarantee the device would
be accurate on state roads, Klinger only
wrote that PennDOT is satisfied with
the test results for both the 1996 wired
version of ENRADD, and the 2003
wireless kind.
Drack pointed out to the committee
in August that the Pennsylvania Code
“is very clear that all ENRADD EJU-91
devices must be calibrated assuming a
five-foot spacing.”
ENRADD EJU-91 is the technical
name for the wireless speed-timing device
as listed in the state code, according to
Drack. However, the previous, wired
version of the device went by the same
model number in the code, as YIS
upgraded its creation but never changed
tration in 2002. He became DGS secre-
tary in 2005.
“Jim Creedon has done an extraor-
dinary job in leading Pennsylvania’s
federal stimulus effort,” Gov. Ed
Rendell said in a statement. Since the
beginning of the stimulus initiative,
the U.S. House Transportation and
continued from page 1
that model number, he said.
The manufacturer’s specifications for
the wired ENRADD device included
calibrating it assuming a five-foot
spacing between strips. The state code,
in recognizing the original wired version,
was written with a five-foot spacing in
mind, Drack said.
The manufacturer apparently
started calibrating using a three-foot
spacing wih the introduction of the
wireless version, Drack said. The state
code, however, was never amended to
recognize this change, he said.
Drack, in his testimony to the committee,
said, “If the calibrations currently being
done assume a three-foot spacing, then
this violation of the [state] code would
presumably invalidate all such ENRADD
calibrations and render the citations on
which they were based invalid.”
PennDOT, however, does not believe
that the calibrations being used now for
the wireless ENRADD devices are in
violation of the state code.
Klinger pointed to section 105.56 9(f)
of the code as PennDOT’s reasoning
on why the current calibrations are not
a violation. The section states: “The
calibration and testing of equipment,
timing strips and other devices actually
used with a particular electronic
device – nonradar – shall be performed
under specifications provided by the
manufacturer of an approved device using
equipment specified by the manufacturer
or equivalent substitute equipment.”
Klinger wrote that the code “was not
intended to restrict the calibration and
testing to 5 foot spacing, especially where
the manufacturer provides a different
specification for calibration.”
Section 105.56 (e) 2 (ii) of the code,
however, seems clear that the actual
ENRADD device – the part that calculates
speeds - shall to be calibrated assuming
a five-foot spacing. That section of the
code states: “The elapsed time between
the pulse on Outputs 1 and 2 is measured
by the ENRADD using the formula V x
T = 3408. 3408 is the proper constant
for a 5-foot timing strip spacing.”
Using information from Drack, it
was pointed out in an e-mail message
to Klinger that calibrating other
components of the ENRADD device for
a three-foot spacing would by default
calibrate the main ENRADD device for
a three-foot spacing. Klinger was asked
again whether using ENRADD devices
Infrastructure Committee consistently
ranked Pennsylvania among the best
states for rapid progress in allocating its
Recovery Act transportation funds. We
appreciate the hard work he has done for
Pennsylvania.
“Under his leadership, state govern-
ment operations, from energy manage-
SEPTEMBER 2010 CAPITAL WATCH
that are calibrated for three-foot spacing
are in violation of the code?
“No,” she responded, “Section 105.56(f)
clearly defers to the manufacturer’s
guidelines in calibration and testing.”
Klinger was asked in a subsequent
e-mail message that if the contention
that section 105.56(f) governed the main
calibration of ENRADD was true, why
would the earlier sections exist? Klinger
was also asked whether PennDOT would
go on the record to say it does not
believe the earlier sections applied to the
ENRADD calibration?
Klinger did not provide answers to
those particular questions in her final
e-mail response, which ended with,
“We have no further comment on this
matter.”
The committee hearing in August
where Drack testified was mostly held
to hear from representatives of local
police departments on the importance of
allowing them to use radar.
Elam Herr, assistant executive
director of the Pennsylvania Association
of Township Supervisors, and David
Eshbach, police chief for Springettsbury
Township in York County, were two that
testified in favor of radar.
Both were asked in subsequent
interviews whether they were aware of
accuracy problems with ENRADD?
“No one indicated to me that there was
an excessive problem with it,” Herr said.
“But like anything, no matter how good
ENRADD is, radar is better. If somebody
does not follow the directions to set it up,
there could be problems, but no one indicated
to us they had excessive problems.”
Eshbach said his department uses
ENRADD, but “I don’t know of any
issues with it. I’m not aware of any of the
issues [Drack] brought up.”
Drack said during the hearing,
however, that he believes many of the
people who receive bad speeding tickets
end up paying them because they don’t
know how else to fight it.
Herr said it would be cheaper for
departments, however, to use radar than
ENRADD. The cost for a radar device
costs about $2,000, while an ENRADD
wireless device costs about $4,000.
As for why the state doesn’t allow local
police to use radar, Rafferty said in August
that one of the concerns lawmakers had
in the past is a fear that many small
communities would use radar to generate
revenues via speed traps. CW
ment and procurement, to public works
projects, are running more efficiently
and are costing less,” Rendell said.
O’Reilly has been in her post since
October 2007 and served in the General
Service’s Office of chief counsel since
1987. CW
SEPTEMBER 2010 CAPITAL WATCH
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and behavior of participants

State Police want amendments to bill to nab cop killers

By Jim Quirk, Capitolwire

Pennsylvania State Police are on board
with a proposed bill to catch cop killers
– as long as the legislation is amended
slightly.
A state police official told the House
Judiciary Committee during a roundtable
discussion some changes should be made
to a proposed bill to catch criminals who
seriously injure or kill police officers.
House Bill 2629, sponsored by Rep.
Dom Costa, D-Allegheny, calls for creat-
ing a statewide system called Blue Alert.
The system would assist federal, state
and local law enforcement authorities to
capture suspects quickly that allegedly
killed or injured police officers.
The system would be similar to Amber
Alert, a system police use to let the pub-
lic know when children are kidnapped or
missing. Under the Blue Alert system,
police would send out alerts to the media
and other outlets when a dangerous
criminal who killed or injured a police
officer is at large.
Costa said that if a suspect is “going to
take on one of our guys, there’s no limit
of what they could do,” so people should
be alerted immediately.
Information released to the public and
media through the system would provide
the suspect’s description, his last known
location and, if applicable, information
about the suspect’s vehicle, according to
the bill.
Maj. George Bivens, director of
the state police Bureau of Criminal
Investigation, said the bill should be
amended so law enforcement agencies
could decide whether to send out an alert
about a suspect who killed or injured
an officer. He said there are some cases
when police might not want the public
to know right away about a particular
suspect because that could hinder the
investigation.
It would not be a good idea to turn to
the alert every time an incident involv-
ing an officer occurs because that could
de-sensitize the public to the system,
Bivens said.
He also said the system should not be
called Blue Alert because many people
would not know what it means. Instead,
it should be called something like the
“Pennsylvania Officer Down Advisory
System,” Bivens said.
Costa, a former police investigator,
said he sees no problem with making the
suggested changes to the bill.
Regarding allowing law enforcement
officials to decide on when to issue the
alerts, he said he’s “comfortable” with that.
“I don’t want these things [alerts]
flashing on the screen like the daily lot-
tery or something,” Costa said.
Bivens said state police already have
an alert system in place. “We do have
the ability now to notify law enforce-
ment [about an officer getting injured or
killed],” he said after the meeting. “But
we have not formalized it yet with local
departments.”
Bivens said local departments could
use the state police system to send out
alerts about suspects who kill or injure
police officers, “but we’re just looking to
formalize the process,” Bivens said.
Committee Chairman Tom Caltagirone,
D-Berks, said he’s hopeful the House
passes the bill this session. CW
8 news
Campaign
2010
Neither candidate for governor is telling us
what they will do
Two days after Democratic gubernato-
rial nominee Dan Onorato said “I’m not
raising income tax, I’m not raising the
sales tax” if elected, his Republican rival
said he still had not ruled either out.
“He has refused to say he won’t raise
the sales or income taxes,” Attorney
General Tom Corbett, the Republican
nominee for governor said Friday, after
touring ASK Foods Inc. here. ASK is an
assembler of ready-to-eat foods for vari-
ous chains and groceries.
But after he was reminded of Onorato’s
remarks, Corbett conceded that the
only tax Onorato supports and Corbett
opposes, “that I can name,” is a proposed
tax on national gas extraction.
Onorato has also said repeatedly he
would sign a state tobacco tax on cigars
and smokeless tobacco, another proposed
levy Corbett opposes. Corbett also said
he had signed the Americans for Tax
Reform pledge, and again challenged
Onorato to do the same.
Onorato has said the proposed natu-
ral gas extraction levy is important to
preserve the state’s environment, and to
ameliorate the effects on drilling on the
environment and communities where it
takes place.
Corbett said taxing “a brand new
industry” would ensure fewer job results
from drilling in Pennsylvania, and that it
showed unemployment would continue
to rise under Onorato.
Onorato replies to such criticisms that
unemployment during his tenure run-
ning the state’s second largest county
is consistently better than the state or
national average.
Corbett also said “I did not explain
myself fully” or make himself clear in an
interview with KDKA-TV this spring
about whether his anti-tax pledge includ-
ed fees. In that interview, Corbett said
the pledge did include fees. In July, he
said it did not, and his campaign spokes-
man Kevin Harley said it did not.
Corbett said he was sorry if anyone
got the wrong impression, but that he
was not forestalled by the pledge or any
campaign promise not to raise state fees.
He added: “Do we have any intention of
increasing the fees? No.”
After promising the audience of senior
staff at ASK various major business tax
oooooooooooo
By Peter L. DeCoursey, Capitolwire
Dan Onorato
cuts if he was elected, Corbett also said
those tax cuts would not come in his first
year, when he would instead be cutting
the state budget.
If elected, Corbett promised to cut the
following business taxes:
• The corporate net income tax,
from 9.9 percent to 6.9 percent;
• Eliminating restrictions on the
net-operating loss carry-forward
provision, which allows businesses
to claim early losses against
later profits;
• Phase out the business assets levy
and change it to taxing only sales,
not equipment or property;
• Eliminating the state
inheritance tax.
Asked how many hundreds of mil-
lions of dollars it would cost to make
his proposed tax cuts, Corbett declined
to answer.
Corbett said Onorato was responsible
for the largest tax increase in Allegheny
County history, with levies he backed on
rental cars and alcohol-by-the-drink.
Corbett also told the audience the
next governor needed to be ready to
Tom Corbett
make “tough cuts in state government.”
But when asked if he had yet agreed
to Gov. Ed Rendell’s request to cut his
budget by 1.9 percent, along with other
independent agencies and many state
departments, Corbett at first misunder-
stood.
He said he would abide by whatever
budget the Legislature passed. Then,
told the Legislature had no plans to
act on this set of cuts, that Rendell had
frozen 1.9 percent of the budget of many
departments, and asked the independent
elected officials and independent agen-
cies to do the same, Corbett said: “Our
goal would be to meet that, but I am not
making any pledge” to do so.
Corbett also attacked Rendell for rely-
ing on budget funding that did not later
materialize.
“He has done this now in two budgets,”
said Corbett. He referred to the cur-
rent budget, that relied on $850 million
in then-yet-be-approved federal fund-
ing. When a lesser amount of funding
arrived, the state had to cut $285 million
from its budget, Corbett noted.
Corbett also criticized Rendell, saying
in 2007 that” the state budget” that year
depended on $450 million in tolling rev-
SEPTEMBER 2010 CAPITAL WATCH
enues later disapproved by the federal gov-
ernment. But that funding was for transpor-
tation, not part of the general fund budget.
Its loss has so far mostly resulted in
cuts in planned funding for highways,
roads, bridges and mass transit. Rendell
and some lawmakers have been trying to
pass a bill to replace that funding.
So where are we, after all of this?
Both Onorato and Corbett have said,
even as they prepare next year to take
over a budget that will be about $4 bil-
lion in the red, that they will not raise
income or sales taxes. Both say they will
make tough cuts, but neither will say
what they will cut. And Corbett won’t
even commit to cutting his own office
budget by 2 percent this year.
Basically, both candidates for gover-
nor, on taxes and fees, are playing “I’ll
Tell You Later.”
Onorato is saying he won’t raise taxes
most legislative leaders say he will have
to raise. Corbett is pledging he won’t
raise taxes most legislative leaders say
he will have to raise.
And each is accurately saying the
other will raise taxes as governor that he
will not admit to as a candidate.
And Corbett keeps making a mix
of minor errors on topics like his own
position and his office budget that are
surprising at this stage in the race.
While the more-disciplined Onorato
says very little, very often, and smiles
confidently, while making fewer errors.
Last week, Onorato said to reporters
in a conference call while trying to slam
Corbett for a property tax hike vote as
a Shaler Twp. Commissioner 22 years
ago: “I don’t sign pledges as political
gimmicks. But I’m telling you verbally,
yeah, you’re hearing me say that - I’m
not raising income tax, I’m not raising
the sales tax.”
So he won’t pledge it, but he will say
it? And Corbett and his staff have to keep
correcting what he said.
Right now, how could a voter could
judge these two?
This race could get very interesting
in the fall, if Corbett can’t stop bobbling
easy balls, and Onorato can figure out
a theme, because most of his summer
has been taking effective pot-shots at
Corbett’s various errors. CW
SEPTEMBER 2010 CAPITAL WATCH
oooooooooooo
Onorato pledges to redirect
natural gas tax to match his
funding plan By Laura Olson, Capitolwire
If the natural gas extraction tax expected to be
approved this fall doesn’t fully fund Democratic guber-
natorial nominee Dan Onorato’s priorities, his first
move as governor will be to redirect those dollars.
Onorato reiterated during a news conference that he
proposes using revenue from a tax on Marcellus Shale
drilling to restore recent cuts to the Department of
Environmental Protection, create drilling impact
funds for local infrastructure and environmental
remediation, and to provide a Growing Greener III
fund for environmental programs.
He also said his opponent, Republican Attorney
General Tom Corbett, who has opposed a levy on natural
gas, would not be able to afford to regulate the drilling
industry and get timely permits to industry without one.
Previous extraction tax plans from Gov. Ed Rendell Dan Onorato
and House Democrats have divided potential dollars
among the state’s general fund, local governments,
and a variety of environmental programs.
Legislative leaders have been meeting over the summer to work on a compro-
mise tax plan that could be passed by their self-imposed deadline of Oct. 1. If the
revenue distribution in that approved tax does not include Onorato’s proposed
funding areas, he said he would swiftly propose changes after taking office.
“The first thing I will do as governor, in the first days, first week in office, I will
have bills in front of the House and Senate redirecting where I think the money
should be spent, based on the plan I just told you,” Onorato said.
Senate President Pro Tem Joe Scarnati, R-Jefferson, said that approach from a
new governor would ignore the work that has been underway to craft an equitable
tax: “Every governor has his priorities and prerogatives, and nothing ever says we
get every distribution exactly right.
“But when we have all of the stakeholders at the table as we do now, … to try
and undo that, that’s not good governing,” Scarnati said.
Onorato said he believes lawmakers should continue their work this fall, but
that he “will make moves” after the Nov. 2 election if he wins “based on what they
did or did not do.”
Onorato declined to say how much he would like to spend on his three initia-
tives, saying that it will depend on how much gas is being produced.
Rendell said there has been “significant progress in the House,” and that he
expects that chamber to pass a bill shortly after they return to session on Sept.
13. He said there have been talks and progress with the Senate, but did not say
the Senate had agreed to assess the higher rate and higher state budget share for
the tax sought by Rendell and House Democrats.
Rendell chief of staff Steve Crawford said he met with Scarnati, “and there was prog-
ress. I believe they are going to keep their commitment” of passing a tax by Oct. 1.
As to whether Scarnati and his caucus would back a rate higher than the lowest-
in-the-nation effective rates of Texas, Arkansas and Louisiana, Crawford said he
was optimistic they would, based on his talk with Scarnati.
Scarnati said they have not committed to anything except “moving a product
forward to the governor by Oct. 1.”
He said his caucus would like to see “a fair tax and an equitable tax” that
addresses concerns from the drilling industry and from local and environmental
groups. “The goal is a tax rate that doesn’t prohibit the industry growing and
investing here,” Scarnati said.
Despite the on-going discussions about a potential tax rate and distribution,
the Senate will wait to see what the House passes before moving any legislation,
Scarnati said.
“I think a compromise could be in sight but, of course, nothing’s a deal until
everything’s a deal,” Scarnati said. “It could get derailed by some who want a
higher tax, by some who want a lower tax. There are a lot of forces out there to
derail this process.”
Scarnati declined to discuss any specifics of the current discussions, but he
and other Senate Republican leaders have cited states like Arkansas as examples
of what could be acceptable. Arkansas has a lower tax rate than those proposed
so far in Pennsylvania, and offers a steep discount to drillers during a well’s first
years of production.
Onorato has said he too would be open to discussing various phase-in or capital
recovery options in order to craft a “competitive” rate. During Wednesday’s news
conference, he said earlier references to Arkansas and other states were examples,
and he has not committed to any particular phase-in on the tax rate.
“It’s not just the rate itself, but it’s about how we implement it and what’s the way
we can raise revenues to do what I’m talking about and let the industry also grow
at a reasonable rate,” Onorato said. see onorato page 15
news 9
Corbett’s first TV ad of fall
campaign, defends tax pledge,
attacks doubters By Peter L. DeCoursey, Capitolwire
A web ad by Democratic gubernatorial nominee Dan
Onorato’s campaign is being answered by the first
broadcast TV ad of the campaign by the Republican
nominee, Attorney General Tom Corbett.
While mere thousands saw Onorato’s campaign ad,
which claimed “Tom Corbett’s Republican allies don’t
believe he can keep his budget promises,” millions of
Pennsylvanians will see Corbett’s response ad as their
introduction to this issue.
Speaking pugnaciously to the camera, in an ad released
statewide and already airing Tuesday morning, Corbett
says: “When I announced my pledge that as governor, I
would oppose all new tax increases, the response from
the politicians was quite predictable. Ed Rendell said I
should have my head examined. Dan Onorato called any
promise to not raise taxes ‘a gimmick.’” Tom Corbett
The ad then pictures the heads of Gov. Ed Rendell
and Onorato in a “Hollywood Squares” type of
arrangement, then shows black-and-white pictures of politicians with cigars in a
smoke-filled room, while Corbett continues speaking.
“The politicians were just as skeptical when I promised to fight corruption in
Pennsylvania, and boy, were they wrong. So if any of them truly believe we can’t
stop Harrisburg’s reckless spending and high taxes, just watch me.”
Onorato spokesman Brian Herman responded: “Tom Corbett can make all the
promises he wants in a TV ad, but his record speaks for itself. He has requested
more tax dollars for his office every year since being elected Attorney General,
refuses to cut his current office budget by just two percent and the one time he
voted on a budget he chose to raise taxes rather than cut spending.
“He contradicts himself at every turn, suggesting that he doesn’t even under-
stand his own economic policies; but, the one area where he is consistent is his
support for big business over average Pennsylvanians. … Dan Onorato is the only
candidate with proven experience turning around an economy, controlling spend-
ing and balancing a budget without raising property taxes. Tom Corbett named
his ad “Predictable” – an appropriate description for thirty seconds of the same
empty promises he lacks the experience to fulfill.”
The Onorato web ad attacked Corbett for having to correct himself on his
position on taxes, on whether he would raise state fees if elected, and noted that
Republicans lawmakers have publicly questioned if he can balance the state budget
without a tax hike, as he has pledged.
While Corbett pictures and names only Rendell and Onorato among his tax-
pledge critics, their ranks also include Senate Majority Leader Dominic Pileggi,
R-Delaware, and Senate Transportation Committee Chairman John Rafferty,
R-Montgomery.
Asked if Rafferty and Pileggi were meant to be represented by the pols in the
smoke-filled room who questioned Corbett’s commitment to fighting corruption
and taxes, Corbett campaign spokesman Kevin Harley did not reply.
The ad accurately presents the tax-pledge criticisms Rendell and Onorato
made, but leaves out what Pileggi and Rafferty said.
In June, asked if Corbett could live up to that no-tax-hike pledge, Pileggi said
at the Pennsylvania Press Club: “It will be an extremely challenging year next
year, and to get through that year without any sort of a tax increase,” Pileggi’s
voice trailed off, then said: “Maybe that’s the next major policy announcement that
General Corbett will be making to show us how we do that. He hasn’t shared it
with us in this budget cycle.
“I’m hoping that he has some ideas. I don’t see how he can do it, frankly.”
When Rafferty was asked last week if transportation tax hikes had to be enacted
this year while Rendell remained governor, because of Corbett’s pledge, Rafferty,
who believes some transportation tax hikes may be necessary, said when it comes
to such pledges, he has “heard of people run for office before and get in and say,
‘Jeez, it’s different than what I ever envisioned it to be.’”
So while Corbett’s ad addresses “politicians” in general who don’t believe in Corbett’s
tax pledge, it actually is an attempt to inoculate him from the charge of Onorato’s cam-
paign and web ad: that even Republicans don’t believe his campaign promises.
So by picturing Onorato and Rendell as the doubting politicians, Corbett is
dismissing this as a partisan political jab voters will ignore. That is harder to do
when you face up to the fact that Rafferty and Pileggi, hardly Rendell fans, have
said similar things.
By making the two Democrats into poster boys for doubting Corbett, the
Corbett camp is trying to take the sting out of the forthcoming ad when the
Onorato team trots out Pileggi and Rafferty’s quotes.
While it seems like an odd move to respond to a web ad with a statewide ad, it
is actually smart. see corbett page 15
10 feature SEPTEMBER 2010 CAPITAL WATCH

Contrary
to the old
Cliché
you can go home again By Deena C. Malley

September marks a homecoming for the Pennsylvania Association of Community Bankers as it welcomes its new leader,
Nick DiFrancesco, as its president and chief operating officer. Well-regarded throughout the capital region for being
part of a successful trio of commissioners who led Dauphin County through some difficult days, a lesser known fact is
DiFrancesco had a very successful nine year career with the organization he will now lead.
For Frank Pinto, the highly respected
and long time leader of PACB, the choice
was obvious. “Nick is a natural fit. We
conducted a nationwide search for this
position and there were a lot of high
powered people from the political arena
who applied as well as others who all
had exceptional skills and credentials,”
Pinto explained. “For me, it was more
about maintaining the culture and family
atmosphere of this organization. Nick
was the obvious choice. He conducts
himself with integrity and respect in
every aspect of his life whether it’s with
his family or his career.”
Pinto will remain as the organization’s
chief executive officer for one year, but
makes it clear that he is there to just be a
guide and a mentor and Nick is in charge
from day one. Looking up to Pinto as a
mentor is nothing new for DiFrancesco.
“I remember when I first worked here
and I was a little younger then. It was the
days when I was still filled with a lot of
fire and vinegar and I’d get all upset over
an issue or a letter someone wrote and I’d
fire back a response and take it into Frank
for his approval. He would read it, sit
back in his chair and say, “Let’s just see Frank Pinto says his successor Nick DiFrancesco is a “natural fit” for the job.
how this looks in a few days.” Sure enough
a few days later, my outlook would be a his experience having a swimming change with it,” Pinto states. that Pinto comments, “who knows I
little different,” explained DiFrancesco. pool installed at his home would solicit Already leading by example, might even get one.” While the new
“I learned that patience and sometimes comments with such a diverse crowd of DiFrancesco is the epitome of a mobile technologies may change and help
taking a step back is the best approach.” people all with different views and filled leader. He carries around a black advance the association, DiFrancesco
DiFrancesco will bring other lessons with suggestions and good ideas. backpack, which he calls his office. It is agrees with Pinto that one thing that will
he has learned along the way to his Social media infusion into the PACB fully equipped for the on-the go, tech never change is the importance and value
new role. One such lesson will be one is one of his top priorities. DiFrancesco savvy executive. A peek inside and you of long-term relationships.
he learned while on the campaign trail sees the opportunity to connect with will find his laptop, cables, cell phones, “There are a lot of new faces in the
this spring exploring a bid for lieutenant and communicate with everyone in his and his favorite gadget - his iPad. legislature since I worked here nine years
governor in the Republican primary. He members’ organizations from the bank Pulling out his iPad, DiFrancesco ago,” said DiFrancesco. Building these
explains that during that time is when president down to the teller. He explains gets exuberant talking about how he relationships are key to any association
he first started his blog and started that in the past doing a printed publication uses it throughout his day. He starts and DiFrancesco hopes to maintain the
connecting with people of Facebook. would rely on people passing it through his day with his favorite app, The New solid reputation of PACB.
“My blog gave me the opportunity the organization and sometimes it might York Times, and reads this as well as “Most elected officials understand
to really sit down and share who I am never get past the president’s desk. other international, national and local small business is the engine of our
and why I believe what I believe. It DiFrancesco also sees the power social publications. His calendar is synced and economy and community banks help
really helped me connect with people,” media will have for members to connect is updated anytime he or his staff adds those small businesses grow and expand
said DiFrancesco. His experience using and share ideas unlike ever before. Pinto or changes an appointment. Even at in every community across our state,”
Facebook was eye opening. What agrees with this assessment. “Technology meetings, it has become his replacement DiFrancesco said. “We need to make
impressed him most was that posting will play a big role going forward. Our for pen and paper. sure small businesses do not continue to
anything from a policy position to sharing membership is changing and we have to The excitement is so contagious decline in this economy.” CW
SEPTEMBER 2010 CAPITAL WATCH
Feature 11

The Lafayette Club:

fine dining • great service By Jackie Goodwin

The building that houses the Lafayette Club in York, PA is non-descript on the outside but elegant on the inside. It’s just one
of those historic looking old buildings that line many of the downtown streets. So if you’re new to the area or if don’t know
about the club, then you might not have a clue that one of the best places to have a romantic dinner is located there.
While The Lafayette Club was orga- Marquis de Lafayette proposed a toast Adding to the mystique are rumors their guests with the best dining experi-
nized in 1858, its life as an eating, drink- “to our Commander-in-Chief General of Stuart’s ghost, a “gentlemen’s gentle- ence possible.
ing and club establishment was formed Washington. May he remain at the head men” in past life—who lived and worked “We carefully selected affordable
in late 1898 by prominent men of the of the army until independence is won.” at the hotel upstairs. In addition to wines and spirits, and have created a
community - county judges, bankers, This effectively ended any threat to sightings of Stuart, waiters and chefs diverse menu which can be paired with
industrialists, and merchants - as an General Washington. at the Lafayette Club also believe the our wine list, “says Lincoln. “If you
exclusive social club. In early 1912, the Today, the Lafayette Club continues establishment is haunted by a young girl have any dietary restrictions or special
members of the Lafayette Club pur- its tradition as the premier business club who reportedly calls “hello” down the requests, we are happy to accommodate
chased a federal period residence one of York, offering fine food, beverage and upstairs hallway. your needs.”
block east of Center Square at 59 East fellowship to ladies and gentlemen in a While the Lafayette Club is an official The Lafayette Veal, thin slices of veal
Market Street, York, PA. congenial atmosphere. The four-story club, requiring paid membership, the stuffed with lobster and crab salad rolled
Although there is no record of how clubhouse offers its members and guests dinning room is available to non-mem- and baked, served with a golden truffled
the members decided on the name an outstanding facility. Features include bers and requires a 24-hour advance res- saffron buerre fondue is excellent. Paired
Lafayette Club, there is reason to a formal parlor, reading room, main ervation for two or more. Executive Chef with a glass of Domaine Trois Colombes
believe that it comes from the Conway dining room with fireplace and stained John Stull, Chef Andrew Barnes, and Les Rameaux Chardonnay 2007 and you
Cabal plot to depose General George glass windows, and a rich wood paneled General Manager Edward Lincoln, Jr. have the perfect duet.
Washington. At a dinner in York given tavern/grille room with painted murals are here to fulfill all your dining needs, The Lafayette Club, 59 East Market
by General Gates, who hoped to replace depicting colonial York, at the time of whether it is a hamburger or Tableside Street, York, PA 17405, (717) 848-2896,
Washington as Commander-in-Chief, the Lafayette’s final visit. Flamé and are committed to providing www.lafayetteclub.net
12 OPINION
Let’s re-evaluate the way we approach local
government
Many of Pennsylvania’s municipal laws
are based on a 100 year old model of
local government that has become dated,
inflexible and uncompetitive and pre-
vents municipal leaders from approach-
ing problems in innovative and better
ways. These laws date to before inter-
state highways, broadcast TV, computers
and the internet. Life has changed a lot
since the early 1900’s. It is high time for
us to re-evaluate the Commonwealth’s
way of approaching local government
and the critical services that they deliver
to citizens across Pennsylvania.
The recent global economic down-
turn, tax base losses and crushing legacy
health care and pension liabilities strain
the financial capacity of many local gov-
ernments. Pennsylvania municipalities
are facing real financial challenges and
need new tools to meet them. Four out
of ten Pennsylvania residents live in
a financially stressed municipality. An
analysis by the Pennsylvania Economy
League of Southwestern Pennsylvania
(PELSW) has shown that this distress
is not limited to the urban areas around
Philadelphia and Pittsburgh, but rather
can be found in every corner of the state.
It is not a localized issue.
But the situation is not intractable,
provided Pennsylvania municipalities are
given the tools necessary to tackle the
problems. PELSW benchmarking data
suggests that municipalities that have
integrated functions spend less per capi-
ta on a range of core services than simi-
Ruling the world in Jefferson County
Fresh out of college as a young journal-
ist, I was sent to cover the Indiana Coun-
ty annual prayer breakfast. The idea
behind it was to was to bring together
the area’s business, political and religious
leaders to gather and work collectively to
achieve greater success for the county.
Luckily for me, the speaker that year
was Norman Vincent Peale. World re-
nowned for his book, the Power of Positive
Thinking, I can still remember this small
statured man with a big voice that echoed
throughout the conference room as he
declared, “Thinkers Rule the World.”
This memory came to mind a few
weeks ago while I was perusing social
media updates and noticed a number of
Harrisburg folks were heading to Jeffer-
son County for a golf outing in DuBois.
It caught my eye having been raised in
neighboring Punxsutawney.
Being one who is a big believer that
policy makers and policy influencers
need to spend more time in other parts of
Pennsylvania than just Harrisburg, I was
excited to see so many people making the
trek to my old stomping grounds.
My joy soon turned to disappointment
By Dennis Yablonsky
larly sized communities with fragmented
service delivery. The Commonwealth
ought to give municipalities tools that
make exploration of such governmen-
tal improvements less difficult and time
consuming.
The situation we have now is that
when citizens decide to change the way
they are governed at the local level – to
exercise their local control over their
governments – our state laws limit their
ability to create the better future they
envision for themselves and their fami-
lies. Citizens are ready to change but
they cannot get the change they want in
a straightforward or timely manner. New
approaches are needed to help munici-
palities exercise local control over their
governments. This requires changes to
existing laws.
Several years ago, the State Planning
Board took a detailed look at state laws
and policies governing municipalities
and brought forward a series of carefully
considered recommendations. These rec-
ommendations will help municipalities
adapt and thrive in the years ahead.
Though we support all measures pro-
posed by the Board, we believe SB 1429
is in the best position for movement by
the legislature right now.
SB 1429 amends the Merger and
Consolidation Act. Enacted in 1994, the
Act provides legislative direction for
voluntary consolidation and merger of
municipalities. SB 1429 adds flexibil-
ity and clarity to the consolidation or
reading the posts and comments about
the trip. First, there was the usual com-
plaining about having to travel over hill
and dale to get there. Quel dommage you
get paid to golf as part of your job. Have
you not noticed or heard of the millions
of people who are unemployed?
Putting all that to the side, the remarks
quickly turned to snide quips about the
area’s lack of internet access and how the
people are so backward they probably did
not even own a computer.
Huh. All my joy was gone now.
While I will be the first to admit maybe
the area does not have the frills of Pitts-
burgh, Philadelphia or even Harrisburg,
that does not mean it is less. And it is
true that many people leave in pursuit of
a bigger life and bigger dreams, includ-
ing myself.
So I thought back to that prayer break-
fast many years ago and wondered what Mr.
Peale would have to say about all of this.
My bet is he would advise a big change
in thinking.
Can you imagine how changed Penn-
sylvania would be if people would stop
poking fun at those areas that are less
SEPTEMBER 2010 CAPITAL WATCH
merger process.
For municipalities that want to improve
efficiency and effectiveness through con-
solidation, but do not want to be stuck
with one of the existing forms of munici-
pal government, the answer is to design
a home rule government that fits their
needs. Moving to a home rule govern-
ment requires several additional years of
government study, deliberation and cost.
This puts additional, sometimes insur-
mountable time pressure, on civic leaders
willing to volunteer their time and ener-
gy in municipal affairs. SB 1429 clarifies
the authority of municipalities to vote on
adoption of a consolidation or merger Dennis Yablonsky
and adoption of a home rule charter in
the same ballot. These are voluntary efficiency and effectiveness, and thus
local actions. SB 1429 strengthens and hold down taxes and improve the local
clarifies local control and municipal self- environment for business. Municipal
determination. mergers or consolidations cut costs and
SB 1429 also grants municipalities improve services, and Home Rule makes
greater freedom of choice in how they government work more smoothly and
initiate consolidation or merger, replaces appropriately for local conditions.
vague timeframes with specific ones and These changes represent the ultimate
provides a clearer transition process. in local control – these amendments
The Allegheny Conference on would assist local communities who have
Community Development, the Greater already decided to change their gov-
Pittsburgh Chamber of Commerce and ernments and build a different future
the Pennsylvania Economy League of together – to get on the road to that
Southwestern Pennsylvania along with future more quickly and effectively. With
a dozen other state and local chambers this legislation municipalities will have
of commerce, public policy and research new tools to work through challenges
organizations, local government asso- such as fiscal stress and expanding ser-
ciations, and young professional orga- vice demands. CW
nizations support government reforms Dennis Yablonsky is CEO of the Allegheny
such as SB 1429 because they promote Conference on Community Development.
By Deena C. Malley
technologically advanced?
What if the state actually helped these
areas get not only high speed internet ac-
cess but the equipment and training need-
ed to be more competitive in a world that
is powered by information technology?
The bright light of economic devel-
opment would shine so brightly on this
state that its beam would blind us all.
Pennsylvania would become so attrac-
tive to companies willing to invest in a
trained and advanced workforce even ru-
ral Pennsylvanians that live in areas like
Jefferson County would have equal foot-
ing at taking a bite of the economic de-
velopment apple. Imagine the growth.
Look folks, there is nothing greater
and more empowering than giving peo-
ple access to the world’s most powerful
knowledge base and giving them the
tools they need to make a better living
for their families.
So the next time, all you folks who Deena C. Malley
feel burdened or put upon to make
the long arduous journey to Jefferson Deena C. Malley is a technology and
County, please stay home. We only business consultant with more than 20 years
want Thinkers, because Thinkers Rule experience. Her website can be found at
the World. CW www.deenamalley.com.
SEPTEMBER 2010 CAPITAL WATCH
Conserve aquatic resources with severance tax
By John A. Arway, Executive Director
If I were still in school and had to write
a “How I Spent My Summer Vacation”
essay, the story would begin and end
with the Marcellus shale severance tax.
Since the General Assembly and
Governor expressed their intent to enact
a severance tax with a portion to be
allocated to “environmental initiatives”
as part of the FY 2009-10 budget deal, I
have been traveling the Commonwealth
explaining the Pennsylvania Fish and
Boat Commission’s (PFBC) role with
Marcellus. This message includes the
need to dedicate a portion of severance
tax proceeds to the Commission to help
us ensure that this incredible resource is
developed with as little impact as pos-
sible on the Commonwealth’s aquatic
resources and fishing and boating rec-
reation. Everywhere I go – whether it
is with newspaper editorial boards or an
evening meeting of a local fishing club –
I explain that the Commission is about a
lot more than just stocking trout.
In 1909, the General Assembly passed
a law forbidding the emptying of any
waste deleterious to fish into any waters
of the Commonwealth and assigned the
responsibility to enforce that law to the
PFBC. Commission staff work daily
with Department of Environmental
Protection (DEP) staff to try to insure
that fish and aquatic life uses of streams
are protected before DEP issues drilling
permits for Marcellus wells.
Most people do not realize that the
Fish and Boat Commission relies almost
entirely on fishing licenses, boat registra-
tions, and federal funding tied to fishing
and boating to pay for everything we do.
This includes trying to keep pace and
stay ahead of the curve on the current
and projected impacts of Marcellus shale
development to fishing, boating, and the
resources we are entrusted to protect.
We want to help the industry protect
our waters and habitats and comply with
the environmental laws that the General
Assembly promulgates. Industry repre-
sentatives have told us that they would
welcome the chance to work more pro-
actively with us in areas such as avoiding
sensitive rattlesnake habitats, insuring
water quality protection for sensitive
aquatic life uses, and avoiding Exceptional
Value wetlands. Unfortunately, we sim-
ply do not have the resources (staff and
funding) to adequately and proactively
assist the industry, DEP, and the River
Basin Commissions with controlling the
impacts of Marcellus development.
Good fishing requires healthy func-
tioning ecosystems comprised of a wide
diversity of aquatic organisms, and
our staff review thousands of permit
applications to prevent and minimize
the impacts to species that comprise
those communities. We just do not have
enough people or enough hours in a day
to adequately keep up with the volume of
OPINION 13
Marcellus gas well development projects
and, perhaps even more importantly,
to get into the field to help companies
design and implement their projects in
ways that have the least impact on our
Commonwealth’s natural resources.
We are glad that DEP has added staff
to deal with the challenges of Marcellus
development, and we support any efforts
to get them and other agencies the
funding and staff they need to do their
jobs. Without a legislative change, the
Commission does not have the author-
ity to charge fees to support the work
we do to assist gas companies and other
developers in reviewing and implement-
ing their projects in ways that pro-
tect, conserve, and enhance our natural
resources.
If we received a portion of a sever- John Arway
ance tax, we could take a collaborative
approach with both the industry and To that end, we ask the General
the other agencies that are reviewing Assembly and the Governor to live up
and advising on projects. Ultimately, to the promise they made at the begin-
we would like to have Commission staff ning of their summer vacation to enact
in position to spend the necessary time a severance tax by October 1, allocate
reviewing and commenting on projects, a portion of severance tax proceeds
working in the field with developers and to conservation, and dedicate fund-
other agencies, and enforcing the water ing to the Pennsylvania Fish and Boat
pollution laws of the Commonwealth to Commission to make sure that natural
make sure our resources are protected. gas is developed with as little impact
I truly believe that the public expect as possible to aquatic resources, fishing,
that service from us, and the resources and boating. CW
under our jurisdiction depend upon it to John A. Arway is Executive Director of the
survive. Pennsylvania Fish and Boat Commission.
14 editorial SEPTEMBER 2010 CAPITAL WATCH

Stay Informed, editorial

Sometimes you can’t see

Subscribe Today! the forest for the trees
If you listen to the conversations around you in restaurants and bars, you can figure
out pretty quickly that people have no idea just how big government really is in the
Capital Watch United States. If they did have a clue, they wouldn’t spend so much time complain-
provides me ing about why the cost of government can’t be cut significantly. As Pogo, the near-
forgotten 1960s comic strip possum from the pen of the late Walt Kelly said: “We
with what I need have met the enemy and he is us.”
All this became crystal clear late last month when USA Today published a story
to know about the about the federal government reaching a new milestone: 50 million Americans are now
receiving Medicaid benefits. Sure, this is a commentary about the state of the economy
inner workings of and perhaps a statement about why Obamacare is a good idea, not a bad one. But it
also brings home the realization that one in six Americans is now already covered by
state government government health care. When you add the other 50 million who are mandated as eli-
gible for Medicare, the OTHER government health care plan, you are up to 100 million
without having Americans – just about one out of every three men, women and children.
to be there. All those people you overheard in restaurants talking about Obama pushing social-
ized medicine? Guess what, for all intents and purposes, that horse already has left
the barn – although, in the true American way – we run it in a pretty haphazard and
fragmented way.
This caused us to wonder about just how many other Americans get government
checks of some kind or other each month – which led us to our trusty computer, the
Wikis and the U.S. Census from which we synthesized the following table (rounding
up numbers to the nearest thousand for those of us possessing only the normal number
of fingers and toes):

AMERICANS RECEIVING GOVERNMENT CHECKS MONTHLY

Federal civilian work force................................................................ 2,747,000

ORDER NOW BY VISITING CAPITAL-WATCH.COM Active duty military............................................................................ 1,478,000
717.233.0109 (x115) Military reserve................................................................................... 1,458,500
State and local payroll (including public education)................... 3,818,000
State/local part-time payroll............................................................ 1,457,000

YES! Send me 12 Issues of Capital Watch

for this low, low price of $9.60!
Subscribe online at www.capital-watch.com using offer CW901
Social Security..................................................................................... 58,500,000
Medicaid............................................................................................... 50,000,000
TOTAL.................................................................................................. 119,400,000

Name Estimated U.S. population................................................................. 306,000,000

Estimated U.S. active work force..................................................... 154,000,000
Address

Apt. (or Office) Stay tuned: we haven’t figured out the numbers yet for Pennsylvania specifically,
but we thought it would make your next barstool debate more productive if you car-
ried with you this little table printed above.
City/State/Zip It doesn’t prove much of anything other than just how big government already is
in our daily lives – and it suggests that it would be very difficult (and very painful) if
Telephone (Home) we were just to run off willy-nilly cutting out programs and services. These numbers
above don’t even take into consideration the number of paychecks that are partially
or wholly dependent on local, state or federal government funding – like the weapons
(Office) and armaments industry. Also not included are government-related checks like those
drawing down from federal, state, local and military pension plans.
Email We’re not passing judgment whether this is right or wrong. It is what it is.
Somebody you know – likely somebody close to you or even you, yourself – is a ben-
eficiary of the government. Human nature dictates that most of us would respond
Payment Enclosed Please Bill Me Later to this realization with, “Yeah, but I earn my check” or “I contributed to that pension
plan” or “I’m getting a lot less than most people and I haven’t had a cost-of-living
increase in years. I’m overdue.”
Our main point is – if we have a main point other than providing you with factoids
for your use in your next barroom debate – is that those who propose drastic cuts in
C/O Benchmark Group Media government spending just don’t realize how many of their friends and family they
Attn: David Fitzkee will be hurting (and maybe even themselves).
3400 N 6th St Sometimes, you can’t see the forest for the trees – in this case, the trees cut down
Harrisburg, PA 17110 each month to make paper for all the government checks going out to people. CW
SEPTEMBER 2010 CAPITAL WATCH
news 15

Corbett’s first TV ad of fall campaign, defends tax pledge, attacks doubters

continued from page 9
It allows Corbett to boast about his
pledge, imply that Onorato will raise
taxes, and link Onorato to the extremely
unpopular Rendell. Right now, if Rendell
touted kindness to animals, three-fifths of
the state would at least consider kicking
their cat. Still popular in southeastern
Pennsylvania, he is radioactive in the rest
of the state, according to poll after poll.
So this ad at least tries to muddy
the waters before an Onorato “even the
Republicans don’t believe Tom Corbett”
ad hits, it links Onorato to Rendell, and it
touts Corbett’s strongest credential: his
Bonusgate convictions.
The problem is, it does so in an unfac-
tual way. The only claim this ad makes
that the Corbett camp has not backed up,
and I don’t think they can back it up, is
when Corbett says believe him on taxes
because “the politicians” doubted him on
corruption-probing too.
He says in the ad: “The politicians
were just as skeptical when I promised
to fight corruption in Pennsylvania, and
boy, were they wrong.”
Well, of the four politicians who
are out there publicly raising doubts
about his tax pledge – Rendell, Pileggi,
Onorato, Rafferty – I have never heard of
any of them utter a skeptical word about
Corbett’s commitment to prosecuting
corruption. Rendell has treated him with
kid gloves, and Onorato has critiqued
some of the actions of the investigation.
But that isn’t what Corbett says in the
ad. And if Pileggi or Rafferty were pub-
licly skeptical about Corbett’s integrity
or investigations or commitment to cor-
ruption probes, I never heard it, and no
one I know has.
I asked Harley also for any quotes by
those four that back up the “politicians
were just as skeptical” claim. Or quotes
by any other politicians to back up that
claim, from before Corbett started the
prosecutions or just after.
I am still waiting, because, I think,
there aren’t any such public comments,
apart from the wails of the prosecuted.
So the ad hits a fact gap in that pivot
from “Trust me on taxes” to “I delivered
on my promise to fight corruption.”
Also, when Corbett says in the ad, “So
if any of them truly believe we can’t stop
Harrisburg’s reckless spending and high
taxes, just watch me,” he is snarling that as
much at Republican House and Senate mem-
bers who think what Pileggi and Rafferty
said, as he is at Rendell and Onorato.
It is a skillful ad, and in that last topic
pivot, an ad that stretches the facts to
portray Corbett as Eliot Ness.
Let the fall campaign begin. And we
will see if this attempt to inoculate
Corbett from the Pileggi-Rafferty Don’t
Trust Him virus works, once Onorato
starts his air war.
Because if, as the Onorato camp says,
they have really caught up to Corbett in
cash-on-hand, and Corbett is on the air,
what are they waiting for? CW

Onorato pledges to redirect natural gas tax to match his funding plan
continued from page 9
Onorato continued: “I’m for a com-
petitive severance tax and here’s how
I’m going to spend it. My opponent
isn’t, so there’s no way he’s going to be
able to watch the environment, there’s
no way he’s going to be able to regulate.
He’s basically saying, ‘I trust you indus-
try, you do it on your own.’ That’s not
my position.”
He later added: “I’d like to know how
[Corbett’s] going to protect the envi-
ronment when he’s cutting everything
and he doesn’t want to have a severance
tax like the other states do?”
Corbett campaign spokesman Kevin
Harley said Corbett has a record of
protecting the environmental as attor-
ney general. Harley added that if elect-
ed, Corbett would develop a plan with
industry and environmental groups, not
“dictate to the industry on how things
are supposed to be.”
“We have to make sure we have the
appropriate level of inspectors to ensure
that the industry is adhering to the
regulations,” Harley said. “To the extent
that that isn’t being done, he’ll re-adjust
priorities once he takes office.”
Asked if he believes the state cur-
rently has proper regulations in place to
oversee the drilling industry, Onorato
also said that’s something he will review
if elected.
“I will do a total overview and eval-
uation of what we have in place,”
said Onorato, noting that the drilling
industry is expected to continue grow-
ing rapidly. “We will make sure DEP
is properly positioned to deal with
industry.” CW

McCord files legal

brief in closed
meeting lawsuit
State Treasurer Rob McCord has filed a
legal brief as part of his lawsuit against
the Pennsylvania Gaming Control Board
for excluding him from closed meetings.
Under state law, the treasurer is a non-
voting member of the board that regu-
Highly recommended
b y p e o p l e w h o e a t.
lates Pennsylvania’s gambling industry.
McCord says his presence at the meet-
ings offers “independent oversight.” The
gaming board contends that, as a non-
voting member, he does not have a right
to attend.
McCord, who filed the lawsuit in May,
believes state law permits him to attend
board executive sessions.
The board, however, believes McCord’s
presence during closed meetings could
compromise confidential information
discussed during the sessions. The board
points to political contributions McCord
has received from gambling interests as
one of the reasons the treasurer should
be excluded from executive sessions.
Rep. Curt Schroder, R-Chester, has
sided with McCord, and this week
filed an amicus brief, also known as a Inspired. Cuisine.
friend-of-the-court brief, that supports
McCord’s position. briccopa.com | Downtown Harrisburg | 717.724.0222
McCord, meanwhile, is slated to
L U N C H - / . & 2 )      ! -     0 - s D I N N E R M O N - S AT 5 : 3 0 P M - 1 0 : 0 0 P M
present his arguments on the board’s
preliminary objections Sept. 16 in S U N D AY 3 : 0 0 P M - 8 : 0 0 P M
Commonwealth Court. CW
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PSECU 10-PBRLTS-0371 093010