DuBois- DuBois City Council released a statement responding to comments and questions asked during the last meeting’s public comment period.
In response to the comments and questions provided at the March 27, 2023 Council meeting, City Council would like to provide the public with the following responses:
Ron Trzyna – Past City Manager/Resident
Mr. Trzyna read the following statement:
“City Council has a fiduciary duty on the behalf of the Taxpayers and residents of the City of DuBois. This duty includes honesty, loyalty and trust owned by Council Members and the Solicitor that represents the City of DuBois. This duty also includes Oversight that reinforces public integrity. You as Council Members should be responsive to information and suspected wrongdoings or misconduct within the City of DuBois. The Mayor has stated that there is no money missing in the City of DuBois. What investigation was done and by whom was it done to make that determination. It was also stated that “Council” was unaware of the allegations that were being filed against the City Manager. I want to know what rock that the City Council was living under. I was informed by someone out of state that they were aware of the pending warrant for arrest the same week that City Council extended the City Manager’s contract per ConnectFM. Is this true?
Through the affidavit we learned that bonuses were made at the end of the year and some bonuses were very substantial. Were these bonuses included in the budgets at the beginning of the year. Where did this additional money come from and through my discussion with City Managers from three 3rd Class City with the Council – Manager form of government they couldn’t comprehend this bonus program. At Thursday’s work session Council Member Shannon Gabriel requested an “Executive Session” to discuss a personnel issue. I know that we are not privy to that information, but I’d like to know in what room did this executive session take place. Was the City Manager in the building during the work session and after the work session and during the Executive Session along with being in the City Building the next day?
As a taxpayer and former City Manager I feel that I should have confidence in our City Officials. Instead I feel that I’m part of the tv show Hogan Hero’s where Sgt. Schultz says I know nothing, I see nothing. You all on Council are Sgt. Schultz but you have judiciary duty and oversight responsibilities for the City of DuBois. As resident of the City, we need to ask if there should be resignations. Additional requests for information will be forthcoming.”
RESPONSE:
The City Council does not believe there are any missing monies. To assure the public that there are no missing funds we have initiated a forensic audit with an independent party, with the assistance of the PA DCED. We appreciate your patience while this audit is being performed. We will release the results of that audit as soon as they are available. City Council was not aware of a pending warrant for the City Manager at the time of the contract extension. Upon learning of the allegations, City Council voted to rescind the contract extension. The bonuses provided to city staff are accounted for in the annual budget for each department. The Executive Session took place in the City Municipal Building Conference Room. The City Manager was not in the building during the work session or after the work session that day. The City Manager did report to work the next day, Friday, at which time he was placed on administrative leave.
Linda London – Resident
Ms. London read the following statement:
“My name is Linda London. I reside in the City of DuBois. I would like my 3-minute time limit to start now. (Ms. London had another paragraph concerning the Manager’s Contract Extension but as it was addressed she did not read it.)
Another concern that I will share is referencing statements made by the DuBois Solicitor. It starts out stating the disappointment of her and Council members learning about the allegations against City Manager, Herm Suplizio. This is another statement, and I quote, “Out of respect for Herm, as well as the judicial process, we will reserve comment on these allegations until a more appropriate time.” Both statements are fine. But at this time, perhaps no more needed to be said with regard to Mr. Suplizio.
But instead, she did continue to state her perspective on his integrity, passion, and determination for DuBois. The legal system states that basically, all people are innocent until proven otherwise. Then public statements from Council, Solicitor, or others in City positions should not be made to support or
oppose Mr. Suplizio and such allegations.
The news release also states the Council will “remain vigilant in the oversight of City funds and its employees.” I am not sure that “vigilance” over the past few years has necessarily been a strong point. The allegations presented by the Attorney General go as far back as 2014. Some of you have been on Council or other areas of city government during this time period yet you obviously feel that this situation did not or could not have ever happened. Two key words to think about are Awareness and Accountability. As representatives to us, you should know how the finances are taken care of and be responsible for that money. It may be easy to state that “there is no money missing” for the City’s funds. But if money is not placed in the proper allocated fund, how would it ever be accounted for? The “checks and balances” system apparently fell into the hands of only a select few. I also read that bonuses were designated and given to certain City employees, including the City Manager, at year’s end from 2014-2022. Said bonuses were determined by the City Council…but because it is a personnel matter, there are no written reports or minutes kept from the executive session. I am curious to know what “City of DuBois fund” this money came from. Please do not raise the taxes of your citizens to cover said expenses! How does Council plan to be more “vigilant” than they have been with the City’s funds and employees to ensure integrity within the government of DuBois?
Again, the philosophy of being innocent until proven guilty arises. However, in most places of employment, if said charges were filed against an employee, he/she would be suspended, with pay, at that time until the incident was terminated. Apparently, this ethical process is not the case for employees of the City of DuBois. The formal arrest was made on Monday, March 20th and the suspension did not occur until Friday, March 24th. And freedom to enter and exit the City Building for those days still existed for him.
Because I shared my matters of interest and concern with you today, I would certainly hope that there would be no repercussions for me or any member of my family because I spoke up about these issues. I am not a member of my family because I spoke up about these issues. I am not a member of any particular group or organization in this area for which I am seeking support. I am a citizen who believes in being honest, upright, truthful and maintaining a clear conscience.”
RESPONSE:
Bonuses are budgeted for and paid out of the appropriate department according to each employee’s designation. City Council is reviewing our current practices and policies to ensure that all operations are conducted appropriately. Additionally, City Council is engaging with the Pennsylvania DCED to conduct a full financial forensic audit. City Council is committed to completing this investigation with full transparency and encourages all residents to ask questions and attend all public meetings. We do ask for your patience, while the forensic audit is being done. Those who come forward to ask questions will not be retaliated against in any way.
Deborah Mechling – Resident
Ms. Mechling suggested that Mr. Suplizio’s salary be put into an escrow; when all of this gets resolved then he gets paid.
RESPONSE:
This would require that City Council presume Mr. Suplizio is guilty until proven innocent.
Elliot Gelfand – Resident
“While I found the financial misdealing incredibly troubling what I found equally troubling is that the City’s pride, our natural water supply, was up for sale. Can you tell us what contracts exist with fracking companies to sell DuBois city water? Are there ongoing contracts selling City water to fracking companies or anyone else? What is being done to protect the City of DuBois water supply?”
RESPONSE:
There are currently no contracts to sell water to fracking companies nor does this Council have any plans to lease or sell our land to any fracking companies. City Council takes the protection of our water supply very serious. There are many layers of protection for our water source and supply including but not limited to the following; a PADEP approved Source Water Protection Plan, a PADEP approved Drought Contingency Plan, an active Watershed Committee, an active Forest Management Plan, annual dam safety inspections and an approved water allocation Docket from the Susquehanna River Basin Commission.
Theresa Stoey – Resident
“I don’t have anything to say about the situation itself except for this. People in glass houses shouldn’t throw stones. Nobody in here is perfect. Nooobody. What you are trying to do to our City Council members that you think they should all resign. Who’s going to run the City then? Are you going to run the City; a want to be politician. Who’s going to run the City? (got a little roudy the Mayor had to use the gavel). You shouldn’t throw stones if you’re not perfect. You shouldn’t condemn all of them for what they now have to do. You can sit here and laugh, think it’s funny, but that’s just how I was raised. I was raised not to turn around and point a finger at someone else when again innocent until proved guilty and that was even in the paper by the Attorney General. Innocent until proved guilty. You have all hung him already and you’re not even sure of the outcome at the end. You don’t know what it is going to be at the end. You’re all hanging him already. Again that is how I was raised and brought up in this City.”