On a sleepy Friday morning at a county seat nestled in Pennsylvania’s Endless Mountains two commissioners, their chief clerk, and the county’s treasurer met for two minutes of special meetings. The meetings accomplished the exact goals for which they were held - with minimal public attention. The county seat’s local paper, a competitor of this paper, reported in its next edition a straight-forward nondescript account: commissioners acted to accept Michael Gathany’s resignation from the county solicitor position; commissioners acted on January 6 to appoint attorney Thomas Meagher; and starting pay for the position had been increased to $25,000 with no benefits.
That initial report, consisting of less than 90 words, likely raised few eyebrows among the general public. It appeared nothing more than another “ho-hum story” that only those in the legal community or those involved in the intricacies of government might take note of for future reference. Just another “inside-baseball” story to dutifully report - to fill out the paper - may have been the reaction of most readers scanning for “real” news.
A paradigm shift occurred at the County Commissioners’ Meeting of January 11. Minutes of meetings that had occurred on January 6 were attached to the Agendas for the January 11 Commissioners’ Meeting and Salary Board Meeting. They vastly expanded knowledge of what had taken place - both by what they stated and what they left unstated. Those minutes very clearly showed that two Special Meetings were held: one for the Commissioners and one for the Salary Board. Alarm bells sounded ever more loudly when the motion to approve the minutes of the January 6 Commissioners’ Meeting failed. The motion had to be withdrawn due to Commissioner Giangrieco’s abstention (as he had absented himself from the meeting) from voting; and Commissioner Warren, who had been present then, was absent now, and therefore unable to supply the key “aye.”
The exact goal of the Special Commissioners’ Meeting of January 6 had been to “accept, with regret” the resignation of Michael Gathany as County Solicitor effective January 4, and to appoint Thomas F. Meagher County Solicitor effective on January 6. The Salary Board’s exact goal was to raise the pay of the solicitor position. The minutes of the January 6 Special Salary Board Meeting were approved at the January 11 Salary Board Meeting only because Treasurer Cathy Benedict was present to provide the necessary margin for quorum and passage. The Salary Board’s exact goal was to raise the pay of the part-time county solicitor to $25,000, without benefits.
At the January 25 Commissioners’ Meeting, this reporter posed a few questions to Commissioner Giangrieco and to the Board of Commissioners. What follows is a transcript of that exchange:
Reporter - (To Commissioner Giangrieco): “Did you support the hiring of the new solicitor?”
Giangrieco: “I had nothing to do with it. I stayed out of it.”
Reporter: “Do you support that hiring now? Do you have an opinion now?”
Giangrieco: “No, not really.”
Reporter: “One question for the board then: what was the pressing business that required hiring on that Friday?”
Warren: “We had gotten his resignation on the fourth.”
Reporter: “But it’s a part-time position. What was so pressing that you needed to call a special meeting, rather than wait for the following week?”
Warren: “There was paperwork to be looked at; contracts to be reviewed; we need to continue the business of the county.”
Reporter: “Including over the weekend?”
Warren: “Things that we gave him to take with him.”
Reporter: “Okay? …”
A minute later, I picked up questioning about the solicitor’s change in pay during the period of the Salary Board meeting. The following exchange occurred:
Reporter: “I just have one question for the salary board. What was the previous starting pay for the part-time county solicitor before it was raised to 25,000 (dollars)?”
Chief Clerk Beamer: “I’d have to go look. I don’t know off the top of my head.”
Hall: “It was 27 something dollars.”
Beamer: “Yeah.”
Hall: “Right.”
Reporter: “So that’s more money.”
Hall: “Right.”
Reporter: “So actually it was lowered.”
Hall: “It was lower, but included benefits, so actually it was higher.”
Reporter: “No, what I’m saying is ‘you lowered them‘.”
Hall: “We lowered them.”
The exchanges during the Commissioners’ Meeting and Salary Board Meeting raised unanticipated questions. The matter about pay is a bit confusing, but resolvable. Starting pay for County Solicitor was evidently lower than $25,000 before January 6. Starting pay as of January 6 is $25,000. The previous solicitor, Michael Gathany, had been on the job as solicitor for nearly four years, and as such his pay was substantially higher than the starting rate of pay before or after January 6. Attorney Gathany’s ending rate of pay was $27,475.25 per annum, plus his benefit package. How much that benefit package was worth is still an open question awaiting answer of a Right-to-Know request by this reporter. Elimination of those benefits unquestionably provided cost savings to county taxpayers.
The arguably propitious resignation of the Attorney Gathany set in motion the Special Meetings of January 6 which led to the county’s windfall savings of $2,475.25, plus the annual expense for benefits. Curiously, the county never calculated these cost savings, nor did any of the commissioners trumpet the “favor” done for the county’s taxpayers. How unusual. Attorney Gathany was contacted by this reporter for comment regarding his resignation as the county’s solicitor. While he appreciated this courtesy, his response came in these words, “I think it best I have no comment.”
The “non-comment” of Attorney Gathany, combined with the “odd” responses of Commissioners Giangrieco and Warren to questions only spur more questions. Many more questions! Questions that put curious minds on a tireless quest for answers to those questions. With pay questions resolved, the questions remaining concern timing, motive, and concentration of power. How these questions are resolved say as much about those who govern as they say about us whom they govern.
Readers still with me at this point will want to put on their thinking caps. They will be provided with questions for thought and can come to their own conclusions. Critical thinking will be required - in large doses - to consider carefully what is presented, and what, if anything, should be done. Herewith, this article continues with the Socratic Method.
Attorney Ray Davis was fired in January 2008 when the Democrats took over the Courthouse; is it possible that Attorney Michael Gathany’s “resignation” was compelled by the Republicans, rather than voluntary? Is it possible his fate was already sealed prior to January 3? If his resignation was “contrived” by the new board of commissioners, is it possible they had already decided his replacement prior to their formal takeover on January 3? If his replacement had already been picked prior to his resignation, did it violate Sunshine Laws? Were any other attorneys in the county considered for the position of county solicitor? If so, who? If not, why not?
The Special Meetings of January 6 were advertised not in any of the three weekly papers printed in this county, nor in either of the weeklies published in adjoining Wyoming or Bradford County, nor in The Binghamton Press and Sun-Bulletin, but exclusively in the Scranton Times-Tribune edition of Wednesday, January 4. Does it matter that the county met the letter of the law, but practically precluded the possibility of transparent notification and public attendance at the meetings? Does it matter that Special Meetings must be advertised at least 24 hours in advance, and the paper in which the meeting was advertised had the most advantageous deadline to get the legal ad(s) published in as short a time as possible? Does it matter that the County held a Special Meeting to install a new County Solicitor, rather than going through the normal process of regularly-scheduled meetings?
To advertise legal notice in the January 4 edition of the Scranton Times-Tribune requires submission of said notice by 3 p.m. on the day prior. It serves as a prima fascia clue commissioners knew on or before January 3 Attorney Gathany was resigning. Did Attorney Gathany “suddenly” find reason to resign on the third of January, or was he compelled/told/“asked” to resign on that day, effective January 4? If Attorney Gathany did submit his resignation of his own free will on January 3, did commissioners undertake or consider undertaking a search for the most qualified attorney for the position? If so, for how many nanoseconds did they consider making such a search? And how many law firms did they canvass in those nanoseconds?
Had commissioners already decided to hire Attorney Meagher before they advertised the Special Meetings of January 6? What distinction particularly qualified Attorney Meagher to be County Solicitor, being that, to my knowledge, he has not previously served as borough or township solicitor for any jurisdiction in Susquehanna County? Was the fact that Attorney Meagher was, and is, an associate of Commissioner Giangrieco, at the same law firm a compelling reason for his hiring as County Solicitor? Is that relationship a conflict of interest, or does it just look really, really bad? Did it ever occur to Commissioner Giangrieco that it may be difficult to get a legal opinion independent of his own from a subordinate at his own law firm? Did Commissioner Giangrieco ever voice the passing thought that it would be a good idea for the County to look for a new solicitor outside of his own law firm? Did it occur to Commissioners Hall or Warren that by engaging Attorney Meagher as county solicitor, they were essentially concentrating more power in the hands of Commissioner Giangrieco and in so doing were undermining their own power and position?
Asked if he supported Attorney Meagher’s appointment, Commissioner Giangrieco could not answer “yes” or “no.” Did he really have absolutely no opinion of a man he has worked with for some number of years? Or was Commissioner Giangrieco protecting himself only in a legal sense since, in fact, he does have a direct or indirect interest in Attorney Meagher’s appointment as solicitor? Did he purposely absent himself from the Special Meetings of January 6 in hopes of having deniability and to shield himself from any allegation of conflict of interest?
Commissioner Warren volunteered her high regard and confidence for Attorney Meagher at the Democratic Breakfast at the Montrose VFW on January 28, and in so doing she cited his background as a Harvard graduate. Attorney Meagher’s scholastic achievement is certainly of considerable estimation, but was that the factor which outweighed consideration to the exclusion of all other candidates, or was there a quid pro quo which locked in her support for his selection? Did her answer on why the County Solicitor position had to be filled before the weekend convince you? Do you think those contracts and papers would have expired by waiting until the following week? Seriously?
Newly-installed Chairman of the Commissioners Alan Hall presided over the Special Meetings of January 6. Did he seriously consider the appointment of Attorney Meagher, or did he merely consider a favor to his Vice-Chairman Giangrieco in a division of the plunder of government? In so doing, did he show himself to be a patsy for Giangrieco and Warren, or did he merely show a tin-ear to the appearances of conflict of interest and favoritism?
Have the questions raised in this article led you, dear reader, to any conclusions? Is it time you got involved in holding officeholders in county government, and government at all levels, accountable for their actions? Many loose ends hang from Solicitor-gate. Pulling those ends could cause an unraveling - or transparency reforms. The truth matters, perhaps more than you used to think. Twice-monthly meetings are held on the second and fourth Wednesday of each month in the Commissioners’ Meeting Room of the Courthouse at 9 a.m. If you feel the need to hold government accountable, do so. If not, you’ll get the government “they” give you. If you can’t attend meetings, the Courthouse phone number is 278-4600; ask for Commissioners Hall, Giangrieco, or Warren to voice your thoughts, concerns, opinions, or views on government.