Goudsouzian Associates STEVEN N. GOUDSOUZIAN ‘STEVEN, Goupsoutant STEVEN@SNG-LAW.com Rowexr Eve Ciixo M. DiFeuicet Brian J. PAMELA f NicoLEM, THomast [STEPHANIE STEWARD Marniisw C. Ports. rcs October 16, 2020, VIA FIRST-CLASS MAIL AND EMAIL tricia817@ptd.net Tricia Mezzacappa 817 Ridge Street West Easton, PA 18042 RE: Tricia Mezzacappa y. West Easton Borough Our File No. 2016-05-16 Dear Ms. Mezzacappa: In accordance with Appeals Officer Zeppos” Final Determination in the matter docketed at AP-2020-09811, enclosed please find a letter, dated May 19, 2016, from my office to then-District Attorney John Morganelli, which the Borough had not previously turned over in response to your request of May 4, 2020, believing it to be exempt from disclosure as investigatory material under § 908 of the RTKL. Pursuant to 65 P.S. § 67.706 providing for the redaction of information which is not subject to access under the RTKL, home addresses have been redacted pursuant to 65 P.S. § 67.708(b)(1)(ii) relating to information that “would be reasonably likely to result in a substantial and demonstrable risk of . .. harm to . . . the personal security of an individual,” and personal telephone numbers and email addresses have been redacted from the document in accordance with 65 P.S. §67.708(b)(6)(i) specifically exempting such information from disclosure. Thank you. Respectfully yours, GOUDSOUZIAN & ASSOCIATES Steven N. Goudsouzian ‘also admitted in NS 2940 William Penn Highway, Easton, Peansyvania, 18045. * Also admited in MA 1: (610) 253-9171 f: (610) 559-9281 www.SNG-LAW.com‘Tricia Mezzacappa October 16, 2020 Page 2 of 2 SNG: sjs Enclosure: as stated ce: Borough Manager via emailGoudsouzian Associates ‘STEVEN N. GOUDSOUZIAN ROBERT EYER SiEVEN@SNO-Law.com Ronexr@8NG-LAW con (CHAD M. DiFeLICE MATTHEW C. PorTs Omo@SNG-taw.com OF Conse. TO: John M. Morganelli, District Attorney FROM: Steven N. Goudsouzian, Solicitor of the Borough of West Easton DATE: May 19, 2016 RE: Public Official’s Use of Public Funds and Other Issues Permit this memorandum to serve as summary of the circumstances surrounding the use of public funds and related issues concerning the Borough of West Easton. 1, Manipulation of Taxes for Personal Benefit Kelly Gross was the President of Council of West Easton Borough. In addition, West Easton Borough has been without a Borough Manager for an : extended period of time, She acted as Borough Manager. i Kelly Gross was on Borough Council for many years prior 2009. In January 0f 2009 she was elected to be President of West Easton Borough Council. The West Easton Borough Manager, Donna Smith, passed away suddenly in June of 2010. Since that time until most recently, 2016, West Easton has not had a Borough Manager. Pursuant to Ordinance No. 856 (copy enclosed) the Schedule of Fees was set forth for taxes (sewer and water), Paragraph 8 of the Ordinance indicates that even if'a property is vacant, the refuse bill must be paid. However, at all relevant times, it is believed that the property was occupied and was not vacant. Kelly Gross lived at 201 Fifth Street, 2 Floor, West Easton. The property is owned by her father, Gerald Gross, who is the mayor of West Easton, 2925 William Penn Highway, Suite 301, Beston, Pennsylvania, 18045-5283 (610) 253.9171 ££ (610) 589.9281 wwww-SNG-LAW.comJohn M. Morganeli, Distt Attorney May 19, 2016 Pege2 ‘The sewer and refuse bill came in one bill. In Spring of 2008, the sewer and refuse bill was in one bill, but had two separate sections. The bill was paid by Kelly Gross for a petiod of time from April 2008 to April 2010. A print out is attached. In July 2010, right after the Borough Manager passed away, the refuse bill was removed from this billing. In other words, the bill only showed the sewer bill. Starting from July 2010 to February 2016, only the sewer bill was billed. ‘The refuse bill was never billed and never collected. . Once uncovered by the new administration, in 2016, Kelly Gross’ father, the owner of the property, Gerald Gross, who is the mayor of West Easton, paid the amount of the refuse bill plus interest. Copies of the relevant documents are attached. Cover up Kelly Gross was voted out of office, Her last day was December 31, 2015. Jn what appears to be an attempt to cover up the actions taken by Kelly Gross, when she was forced to leave her office, she took the following steps: 1. Fired the temporary staff of West Easton, 2. Kelly Gross had taken the steps to never hire a Borough Manager or to allow for full-time help. She contracted with a temp agency, It is believed she did so so that she could control the process. However, prior to leaving her position, she fired all of the staff at the Borough of West Easton. 3, Removed the personnel files of Kelly Gross and Tom Nodoline. 4, Removed and destroyed computers and data as set forth below. It is believed that this was in violation, at a minimum, of the requirements to handle municipal records. Removal of Computers/Destruction of Computers With the assistance of a council member, Thomas Nodoline, a series of computers were removed from the Borough of West Easton. Copies of the films are enclosed on the attached USB drives.John M, Morganell, District Attorney May 19, 2016 Page3 Further, as outlined on the website, WestEastonpa.com, Thomas Nodoline, when asked about the location of the computers, did not provide any response. As indicated in the video, not only were the computers removed, there were physical files actually removed from the Borough of West Easton. ‘This video can be found at www.westcastonpa.com/west-easton- teorganization-video. The video is a recording of the Borough of West Easton reorganization meeting held on January 4, 2016. This meeting was recorded by Matthew A. Dees and posted on his website WestEastonPA.com on January 5, 2016. Finally, Kelly Gross ordered a Borough worker, Dane A. Thatcher, to drill various old computers, *s contact information is i ‘A complaint was made to the Pennsylvania State Police and ultimately certain of the computers were recovered, However, the process of recovering the data has been difficult. Itis believed that government records were removed. Furthermore, to this day, the Borough of West Easton has no emails or any email records from 2010-2011 moving forward. It is believed that Kelly Gross had the official West Easton emails redirected to her personal account The USB drives are enclosed, Emergency Management Fund Kelly Gross improperly and illegally obtained funds as an Emergency Management Coordinator, The payment was for $450.00. Atno time was she the Emergency Management Coordinator. However, she received payment to that effect. A copy of the correspondence directed to Kelly Gross demanding repayment of the funds along with supporting documentation is enclosed. Kelly Gross specifically directed a prior employee Molly Ellis to write her the check. Kelly Gross claimed that “since she was doing the work, she should be paid”. The notation for Emergency Management Coordinator was written by Molly Ellis on the check as there was no other way to properly document what the check was for.John M. Morganeli, District Attorney May 19, 2016 Molly Ellis’ contact information is mm <" ™ Copies of the relevant documents are attached. 5. Improper Use of Borough Funds In use of Borough funds for her personal benefit, Kelly Gross sent out a letter to a series of Borough residents. She did so utilizing Borough funds, Borough postage, Borough supplies, ete. without the approval and/or knowledge of council, A copy of correspondence demanding repayment is attached as an exhibit. No response has been forthcoming. Copies of the relevant documents are attached. 6. Petty Cash There was a petty cash utilized by Borough of West Easton. There was no documentation regarding expenditures from petty cash and there are questions regarding the appropriateness of such expenditures. 7. Potential List of Witnesses David Gehman, Senior Borough Clerk 237 7" Street West Faston, PA 18042 Phone: 610-252-6651 Fax: 610-252-6993 Email: boroughclerk@westeastonborough.org Daniel DePaul, Council President 302 Ninth Street West Easton, PA 18042Jobin M. Morganelli, Distie torney May 19,2016 Page s Molly Ellis one: Email: Jill A. Garcia, Manager/Secretary Borough of Wilson Guy Tomaino Administration Building 2040 Hay Terrace Easton, PA 18042 Email: boroughsecretary@wilsonborough.org Phone: 610-258-6142 Fax: 610-258-6639 Cel (prior employee of West Easton) Based upon this information, West Easton Borough respectfully requests that the Office of the District Attomey review the matter for further criminal investigation and criminal charging as deemed appropriate.