Count ety, Latcaster County Solicitor Cristie L. Hausnoy, Esquire Office of the Solicitor 150 North Queen Steet March 7, 2019 Suito #714 Lancaster, PA 17608 Phone: 717-735-1584 Fx: 717-298-7208 wr colancasterpa.us . iB Kleinbard, LLC ‘Three Logan Square 1717 Arch Street, 5" Floor Philadelphia, PA’ 19103 Re: Notice of Cease and Desist Defamatory Statements and Unlawfill Oversight of Independent Constitutional Officer Dear Mr. Seiberling: ‘Your March 5, 2019 Notice to Cease and Desist Defamatory Statements and Unlawful Oversight of Independent Constitutional Officer on behalf of your client, Mr. Craig Stedman, has been provided to me for response. ‘The Lancaster County Commissioners will not accede to your demands that they cease and desist from making comment about and refrain from reviewing Mr. Stedman's use of drug forfeiture funds, and his receipt of mileage reimbursement and other payments from the County's general fund. ‘The Board of Commissioners views your communication as an attempt to intimidate and prevent them from doing their duty on behalf of the citizens of Lancaster County. As County leaders, itis necessary that our Commissioners not be restricted in doing the work of County government and speaking out on matters, like this one, that have the potential to seriously undermine faith and confidence in County government. In response to the leasing matter you raised, pursuant to the County Code, the Board of Commissioners is the contracting authority for all contracts entered into by County entities regardless of the source of funds. This includes County elected row offices, including the District Attorney's Office. This is the basis for the Commissioners” accurate statement that Mr. Stedman went outside of the County procurement process and that as a result, it was not approved by the County and the vehicle lease was improper. Source of funds is not a work around for the Board of Commissioners’ contracting authority, We expressly deny your statement that the lease and use of the vehicle was “expressly approved in writing by the CountyMark E. Seiberling March 7, 2019 Page 2 Controller on behalf of the County” or that this claim was known by the Commissioners. Indeed, it wasn’t until Tuesday of this week when the District Attomey’s Facebook page posted a Resolution signed by County Controller Brian Hurter that we knew of any documentation associated with the vehicle lease. Controller Hurter has indicated that this Resolution and the vehicle lease are not held in his office. Neither are within the County's purchasing department and newspaper reports indicate that your client will not produce the lease or identify who signed it, ‘The other issue you reference, taking mileage reimbursement from County funds while driving a County-leased vehicle paid for with drug forfeiture funds is a serious one. We deny your claim that the Board of Commissioners was fully aware of either the leased vehicle or the three years of inappropriate payment of mileage reimbursement on the leased vehicle as they were advised of it only on Monday of this week We further dispute your characterization that Mr. Stedman “self- reported” his three years of overpayments “months ago”. ‘The inappropriate mileage reimbursement on a leased vehicle first occurred in February 2016 and the “self-report” reimbursement was received by the County Controller on February 21, 2019. In addition, Mr. Stedman’s “self-report” came five days after he was advised by this office of a right to know request seeking documents relating to the leased vehicle thereby informing him that the media requester already possessed financial information about the lease and the vehicle, Your characterization of Mr. Stedman’s February 21, 2019 reimbursement of improperly paid mileage reimbursements in the amount of $1,459.94 as being approved by me, the County Solicitor, is incorrect. Controller Hurter notified me on February 27, 2019 of the manner in which he and Mr. Stedman calculated the reimbursement amount and his actions in accepting payment from Mr. Stedman. (The total amount found to be due was stated to be $1,957.56 and a credit in the amount of $497.61 for gasoline purchased was applied for a net amount due and received in the amount of $1,459.94.) I was under the misapprehension that the mileage reimbursement ‘was paid out of drug forfeiture funds not the County general fund account, and that the Controller had the discretion to approve such a resolution. The Board of Commissioners was not informed of these actions until this week: We question the set off against the mileage reimbursement for gasoline used during 2016, 2017, and 2018 in that there were no receipts provided, potentially making this credit an unvouchered expense. ‘Your cease and desist notice was sent within a week of the Board of Commissioners filing its Petition to Intervene in the open records case now before the Court of Common Pleas of Lancaster County. Although Mr.Mark B. Seiberling March 7, 2019 Page 3 Stedman claims that the release of drug forfeiture financial information is not permitted by law, both the Pennsylvania Office of Open Records and another Pennsylvania Court have found that release is appropriate, and in fact, required. This situation demonstrates the need for the release of drug | forfeiture financial records (subject to redaction for non-disclosure of sensitive law enforcement information) for transparency and good government as advocated in our Petition. With regard to your contention that the actions of the County Commissioners give rise to a claim for defamation, for the above stated reasons and in view of the substantial legal burden a public official like Mr. Stedman faces in prevailing in such a claim, we regard any civil action brought for declaratory, injunetive and monetary damages as you have | threatened to be wholly without merit. Finally, please be advised that as your letter identifies damages personal to Mr, Stedman, no taxpayer or drug forfeiture funds should be used to pay for your representation of Mr. Stedman. Thank you for your prompt attention to this matter. Very truly yours, , ce: The Honorable Joshua G. Parsons, Chairman ‘The Honorable Dennis P. Stuckey, Vice-Chairman ‘The Honorable Craig E. Lehman, Commissioner Mr. Lawrence George, Chief Clerk