DV Journal

When Democrats on the Bucks County Commission shamelessly flouted state law and counted unqualified ballots in November’s election, many outraged Pennsylvania voters wanted them to face consequences for their unlawful actions.

Now Republican lawmakers are proposing legislation to do just that.

“Not only were they defying state law, frankly, openly and overtly. They were arrogant about it,” said state Rep. Joe D’Orsie (R-York). “Across the state, people were very upset.”

He’s proposing an amendment to the state constitution creating a process by which local officials could be recalled for acts of official misconduct. Under the plan, once the House passed judgment, voters would then be able to decide whether or not to keep those officials in office.

“On the heels of an election in which certain county commissioners in Pennsylvania openly and willfully defied state law, I’m introducing legislation that will allow for the removal of county or municipal elected officials before their term of office has expired,” D’Orsie said in his sponsorship memo.

“Although this method for a referendum should be used sparingly, such egregious acts as were displayed in Pennsylvania this election cycle deserve immediate consideration from the county electorate,” D’Orsie said. “If we’re to have free, fair, and secure elections, as we’re consistently told by our state’s executive branch, we cannot simultaneously have elected officials at the county level usurping the law.”

Democratic commissioners in both Montgomery and Bucks Counties voted to count undated and improperly dated mail-in ballots in defiance of a state Supreme Court order. But it was Bucks County Commissioner Diane Ellis-Marseglia (D) who drew attention to the lawlessness of the action with provocative public statements at the time.

“I think we all know that precedent by a court doesn’t matter anymore in this country. People violate laws anytime they want. So, for me, if I violate this law, it’s because I want a court to pay attention,” Ellis-Marseglia said. Her move, along with fellow Democratic Commissioner Bob Harvie, came as the campaign for longtime incumbent Sen. Bob Casey Jr. called for a recount in the close race that he eventually lost to Republican Dave McCormick. Republican Commissioner Gene DiGirolamo voted no.

Ellis-Marseglia’s statement went viral, and when she was confronted by hundreds of residents at a subsequent council meeting, she apologized.

But for many Keystone State voters who were upset by the flagrant behavior, an apology wasn’t enough.

“I always support options to hold officials accountable,” said state Sen. Jarrett Coleman (R-Bucks/Lehigh). He noted a quicker “option would be for the House to immediately begin impeachment proceedings. My constituents in Bucks County find it completely unacceptable that (the commissioners’) attorneys advised them not to do it and they knowingly violated the law. Any tool that helps to ensure public officials are accountable to the taxpayers is something I would support.”

Rep. Donna Scheuren (R-Harleysville) said, “As elected officials we all take the same oath – to uphold both the PA and the US Constitution.  I was extremely distraught to see county commissioners across our state subvert the rule of law and inject their own standard, especially in my own county of Montgomery.  I support Rep. D’Orsie’s proposed legislation because free, fair and secure elections require adherence to the rule of law at every level, and this constitutional amendment would ensure the electorate has the ultimate say in upholding those principles.”

D’Orsie pointed out that the attempt to remove progressive Philadelphia District Attorney Larry Krasner failed, even though the House voted to impeach him. Before the Senate could try him, the state Supreme Court took it up and ultimately ruled it was moot because a new legislature was in office, rather than the one where the impeachment had originated.

The amendment is supported by the Pennsylvania Freedom Caucus (PAFC), of which D’Orsie is a member.

Environmental progressives encountered a Pennsylvania-sized setback this week after the Democrat candidate for attorney general said he wouldn’t support unilateral legal action against oil and gas companies.

“That is not a direction I am looking to go,” said Eugene DePasquale during a PA Chamber of Business and Industry candidate forum.

Anti-fossil-fuel activists have been filing lawsuits in state and local governments hoping to use nuisance ordinances and other local laws to punish global energy companies over global warming. The argument is that selling oil or natural gas in Belgium, Bangledesh or Belize results in damage in Bucks County, Pa.

And indeed, eight months ago, Bucks County commissioners authorized a lawsuit against the world’s largest oil producers over climate change.

“We’re already seeing the human and financial tolls of climate change beginning to mount, and if the oil companies’ own data is to be believed, the trend will continue,” Democrat Commission Chair Diane Ellis-Marseglia said at the time.

She portrayed the suit as a way to fund public works projects like retrofitting county-owned buildings to withstand powerful storms. “All of which will put us in the best possible position to weather what is certain to come,” asserted Ellis-Marseglia.

The lawsuit encountered issues almost immediately.

Barely a week after Bucks County announced the plan, Republican Commissioner Gene DiGirolamo said he was backing out. DiGirolamo gave no reason for the change of heart.

Oil companies fought back.

Court documents filed over the summer accused Bucks County commissioners of failing to advertise and vote at a public meeting on the suit. The county was also accused of attempting an end-around previous federal court rulings by filing suit in Pennsylvania court.

“[Bucks County] seeks to impose liability based on the theory that [oil companies] caused – through alleged deception and failure to warn consumers – emissions to enter the worldwide atmosphere at a level that [commissioners believe] to be injurious,” wrote Frederick Santarelli, the attorney for Chevron Corporation.

He added federal and state courts have said “state law cannot be used to obtain relief” for climate change. That included Delaware and Maryland courts that dismissed suits because they went beyond state law.

Chevron and other energy corporations have said the suits aren’t legal because they seek to redress grievances made by interstate and worldwide greenhouse gas emissions. They argue Bucks County wants to use Pennsylvania law against alleged violations in China and Africa – locations that are hundreds of thousands of miles away from the Keystone State. That can’t happen because federal jurisdiction trumps the states, specifically the Clean Air Act.

“[Bucks County wants the court] to impose liability and damages on a selected group of energy companies under Pennsylvania law because of their – and many others’ – global production, promotion, and distribution of those lawful products,” wrote Santarelli.

At the same time, Santarelli suggested the Bucks County government ignored the benefits of oil and gas. He pointed to the use of oil and gas in not only powering homes, but also vehicles so people can go to and from work. That’s not allowed by Pennsylvania or federal law.

Pennsylvania law may not allow so-called nuisance suits, where companies are targeted for the actions of third parties. The Commonwealth Court ruled in 2007 that the ‘nuisance’ term covers “the unreasonable use by one person” of personal or real property. Santarelli argued there’s a clear boundary between nuisance and product liability that “must be respected” to avoid a flood of liability suits.

Energy advocates argue Bucks County’s suit ignored the fact American carbon emissions have plummeted since 2005 largely due to the pivot to natural gas to fuel power plants. Carbon emissions are down 15 percent, according to the Center for Climate and Energy Solutions.

Kurt Knaus with the Pennsylvania Alliance for Energy told DVJournal there’s no evidence the lawsuits will do anything but line the pockets of out-of-state attorneys.

“Pennsylvanians want energy development that is safe and responsible, while preserving jobs and keeping prices affordable. The more our leaders embrace these facts and smart policy, the better off Pennsylvania residents and businesses will be,” he said.

Now, Democratic attorney general candidate DePasquale describes these anti-fossil-fuel efforts as a policy initiative, indicating it should be left to the Governor’s Office, the General Assembly, or Congress to decide.

More significantly, DePasquale endorsed an all-of-the-above strategy combining renewable and traditional energy sources to power the grid and fight climate change. “Simply punishing companies [for oil and gas] isn’t going to get us there,” he said.

Congressman Brian Fitzpatrick (R-Bucks) and Republican state legislators are demanding action after dozens of people who waited in line to vote early at Bucks County election offices were turned away.

The GOP elected officials sent a letter to the county commissioners calling out the office’s failure and insisting on improvement.

“It is our responsibility as elected officials to ensure easy access to voting for all our constituents while also instilling confidence in our electoral process,” said the letter, obtained by the DVJournal. “One can argue that there is no greater threat to our democracy than to have voter disenfranchisement or distrust in our electoral process. As elected officials, we are deeply troubled by the recent reports and widespread constituent concerns over the last 24 hours involving Bucks County voters who were looking to cast their ballots at the Board of Elections Office this past Saturday.”

Though early voting was scheduled to continue until 2 p.m., more than 60 people standing in line at noon were told the line was going to be cut off and about 20 people were sent away.

“Many constituents now fear they will not have the opportunity to vote in this year’s election,” the letter said. “…this incident sent shockwaves throughout our community and is causing individuals to lose faith in our electoral process. The potential disenfranchisement of voters must be rectified so that every eligible voter is able to vote.”

“We ask that the county government provide an immediate remedy for affected voters consistent with the law and urge our Board of Elections to stay open for as long as it takes leading up to the Oct. 29 deadline to ensure every resident is afforded the opportunity to vote,” the letter read.

In addition to Fitzpatrick, the letter was signed by Bucks County state Sens. Frank Farry and Jarrett Coleman and state Reps. Joseph Hogan, Craig Staats, Kathleen “K.C.” Tomlinson, Shelby Labs, and Kristin Marcell.

The Republican National Committee also sent a letter to Pennsylvania Secretary of State Al Schmidt.

“With only eight days until Election Day, Pennsylvanians across the commonwealth deserve every option available to exercise their civic duty. But voters are being turned away, given faulty information, and told their ballots will not be counted,” RNC chair Michael Whatley wrote. “This is nothing short of voter suppression, and we demand immediate action to ensure every legal vote can be cast and counted properly.”

The RNC has received “numerous concerning reports from Pennsylvania voters that computers are down, polling sites are closing early and are not accepting any more voters, and that mail ballots will not be counted.”

“Tomorrow, Oct. 29, 2024, is the last day to request a mail-in ballot in person at a county election office. No voter should be turned away, told an office is closing early, or told they cannot be accommodated if they appear during the posted business hours.

“We are asking Secretary Schmidt to provide relief immediately – supporting a ‘free, fair, safe, and secure’ election as he promised,” Whaley wrote.

Bucks County election officials did not respond when asked to comment.

Contacted by DVJournal, a spokesperson said, “The Department of State works with its county partners to ensure every eligible voter who wants to vote by mail can do so. Secretary Schmidt personally visited every county to discuss administration of the election, and emailed all counties last week to urge them to review their plans to ensure every voter has an opportunity to receive and cast a ballot. Counties across the commonwealth are facing higher than expected turnout to request and return ballots. Election officials are working around the clock to ensure that everyone who is eligible to vote and wants to can vote.”

Please follow DVJournal on social mediaX@DVJournal or Facebook.com/DelawareValleyJournal

Prior to 2021, I had never heard of a county commissioner. Unfortunately, due to Commissioner Diane Marseglia’s unnecessary interference with our Health Department during COVID-19, I learned what role a county commissioner plays in county government.

Bucks County has three county commissioners. Currently, we have two Democrats (Diane Marseglia and Bob Harvie) and one Republican (Gene DiGirolamo) in charge of county government. A commissioner is the highest elected official in the county. Commissioners develop and adopt county laws on a wide variety of topics, such as public health, parks, solid waste management, roads and highways, zoning, and land use. One of the central roles commissioners perform in county management is overseeing the personnel system.

Our current commissioners were reelected in November. Since 2021, they have constantly used their positions to create political virtue-signaling headlines, and they like to pretend they have control of things they have no say over, which is embarrassing to their constituents and our county.

Their latest nonsense is suing oil companies for storms. Whatever your view on climate change, one thing we should all be able to agree on is county commissioners have no control over oil companies. Why would commissioners file a lawsuit suing an oil company in local Common Pleas Court? It makes no sense. This newly announced lawsuit was created in darkness, hidden from their constituents.

There was never a public meeting about it. There was never a public vote.  It was all done in darkness.  That’s their typical MO. Keep in mind all three commissioners drive cars that need gas. The three of them should lead by example and buy electric vehicles. Perhaps the oil companies should stop delivering gas to Bucks County in protest?

Another recent lawsuit filed in March 2023 for political purposes was when the commissioners decided to sue social media such as TikTok and YouTube. Their claim is social media and screen time are hurting children, which it may be, but a commissioner has zero control over social media. It’s just silly. If any Bucks County resident thinks the three commissioners did this to protect children, they are mistaken.

The three commissioners also decided to file an amicus brief in another lawsuit. This one is over the abortion pill. Once again, commissioners literally have no say in an abortion pill. All of these lawsuits are for headlines to help themselves. They couldn’t care less what the lawsuits cost because it’s not their money. It’s yours!

Our commissioners did sue two mothers, including me, to hide emails that they were awarded by the Office of Open Records in Pennsylvania. Those lawsuits are still in court. The commissioners illegally changed COVID-19 health guidance for schools on Aug. 23, 2021.  That hurt not only children in Bucks but all over the state.

The entire state was paying attention to our health director, Dr. David Damsker, because our schools were on a path to open normally for children during the 2021-2022 school year. The three commissioners stopped that, and if they have a conscience, I hope this decision will stay with them for the rest of their lives. That decision, made for politics, hurt children immensely, as shown by post-epidemic test scores and learning loss.

Unfortunately, voters were unaware of this and made a horrible choice in November 2023. Now, Bucks County residents are stuck funding the legal bill for three out-of-control politicians who only care about themselves.

Please follow DVJournal on social media: Twitter@DVJournal or Facebook.com/DelawareValleyJournal

When Bucks County schools ignored its top doctor and imposed strict COVID-19 rules on students last year, parents wanted to know why. What they found, according to a new report, was a trail that leads back to a longtime Democratic operative currently embedded in county government.

Bucks County Republicans now want him gone.

National Review first reported the story of parents trying to find out why the county’s school districts fell in line with state Department of Health guidance and rejected the independent opinion of Dr. David Damsker, the county’s health department director. Damsker proposed more parent-friendly, less-restrictive guidelines for the county’s schools. But his recommendations were overridden, replaced with stricter state guidelines for masking, quarantines, and vaccinations.

Parents who opposed the more restrictive approach, including Megan Brock, Jamie Walker, and Josh Hogan, wanted to find out how the August 23, 2021 decision was made. So they filed right-to-know requests. Bucks County responded by filing two lawsuits against each woman in Common Pleas Court to avoid turning over the materials.

But the parents discovered using computer metadata that the August 23 guidance did not, as county official claimed, come from Damsker, “but was instead written on the computer of Eric Nagy, the county’s director of policy and communications,” Ryan Mills of National Review reports.

Nagy is a longtime party functionary who has served as a Democratic committeeman and has a long history of working on Democratic campaigns, including those of Bucks County Commissioners Diane Ellis-Marseglia and Chair Bob Havie. According to his LinkedIn page, Nagy’s specialties are political organization and campaign management.

He is now on the county payroll in the communications department, according to James T. O’Malley, a spokesman for Bucks County.

“In his role with the county, Mr. Nagy is responsible for, and routinely involved with, reviewing and disseminating information to the public,” O’Malley said. Placing campaign aides in government communication departments is common practice in politics.

According to National Review’s reporting, the Wolf administration pressured local counties and school districts to comply with its COVID rules, instead of those recommended by local authorities, such as Damsker.

Neither Nagy nor Damsker responded to requests for comment from DVJournal.

Bucks County GOP Chair Pat Poprik called the new revelations “troubling, but not surprising.” She says Republicans warned against hiring Nagy and, in the wake of these revelations, he needs to resign.

“In February 2020, we raised serious concerns about the hiring of a purely partisan political operative to serve as a ‘special projects coordinator,’ earning an $83,000 annual taxpayer-funded salary,” Poprik said.

“We believed then, as we do now, that the Democrat majority on the Board of Commissioners would use this newly-created position to advance their political agenda rather than serve the people of Bucks County. It was even more troubling when Mr. Nagy received a promotion and pay bump, putting him in charge of all County communications.”

Poprik said the available evidence “represents a significant overreach by a political operative, and a violation of the trust voters have in our county government.”

“Mr. Nagy should resign, and the Democrat commissioners should drop their lawsuits against Megan Brock and Jamie Walker and release the documents requested by their Right to Know Requests.  To do any less would be a disservice to Bucks County families,” Poprik added.

Please follow DVJournal on social media: Twitter@DVJournal or Facebook.com/DelawareValleyJournal

From a press release

The Bucks County Commissioners today joined county emergency management officials to break ground on a $1.8 million modernization project at the county’s Emergency Services building in Ivyland.

Slated for completion next year, the enhancements will expand and update the existing Emergency Operations Center (EOC) to create a more efficient work environment optimized for modern disaster response.

“It became clear to all three commissioners early in the pandemic, when this building was ground zero for not just the disaster response, but also for a lot of our public messaging, that this facility badly needed some upgrades,” said county Commissioner Chair Bob Harvie. “Last summer’s flooding, tornadoes and hurricane only underscored that need.”

When activated, the EOC serves as the county’s emergency response nerve center during response and recovery from disasters – both natural and manmade – that require the mobilization and coordination of multiple emergency services, government and nonprofit agencies.

Changes to the facility will triple available meeting spaces and update technology, allowing multiple teams working on different aspects of a disaster response to meet and coordinate simultaneously – including with county 911, as well as outside agencies – without disruption to other efforts.

Planned improvements also include a press briefing room and a designated space for fielding and responding to public inquiry.

“In retrospect it seems obvious that we might need a dedicated space to brief the media and the public, or that more than one team might need a meeting space at one time,” Harvie added. “But unfortunately, that capacity was lacking under this facility’s existing design.”

Construction costs for the project are budgeted at $1.38 million. Technology and security upgrades are estimated to cost another $385,000. The county is paying for the improvements with federal COVID relief and Homeland Security funds.

The Board of Commissioners unanimously approved funding for construction during its May 18 public meeting.

“Each and every service our staff provides from this building is critical to keeping Bucks County safe,” said Emergency Services Director Audrey Kenny. “The Commissioners’ continued investment in us, and shared commitment to our cause empowers our Emergency Services and Emergency Management teams to be the best in the business.”

Construction is expected to last eight to 10 months, during which time the Emergency Operations Center will be housed within the Bucks County Health Department. To minimize disruption to 911 operations, the county’s emergency dispatchers will work out of an alternate facility in Doylestown.

The county has contracted with the following firms on this project: Holstein White, Inc. (Engineer); Matthew V. Piotrowski Architect, LLC (Architect); Magnum, Inc. (General Contractor); Palman Electric, Inc. (Electrical Contractor); Hirschberg Mechanical (Mechanical and Plumbing Contractor); Guy M. Cooper, Inc. (Fire Protection Contractor).

Please follow DVJournal on social media: Twitter@DVJournal or Facebook.com/DelawareValleyJournal