COUNTY OF NORTHAMPTON OFFICE OF DISTRICT ATTORNEY NORTHAMPTON COUNTY GOVERNMENT CENTER 669 WASHINGTON STREET EASTON, PENNSYLVANIA 18042-7492 JOIN M, MORGANELLY ‘Area Code (610) 829-6630 DISTRICT ATTORNEY Fax (610) 659-3036 August 23, 2016 Steven N. Goudsouzian, Esq. 2925 William Penn Highway Suite 301 Easton PA 18045-5283 Re: Borough of West Easton / Investigation of Various Matters Involving Kelly Gross Dear Attomey Goudsouzian: ‘The purpose of this correspondence is to report to you this office’s investigation and review of matters that were brought to our attention via your memorandum dated May 19, 2016 concerning the use of public funds and related matters involving one Kelly Gross, a former official of West Raston, After receipt of your memorandum, this matter was referred to Northampton County Detective John Casciano for investigation, Detective Casciano conducted a thorough investigation which included but was not limited to interviews with David Gehman, Jill Garcia and Molly Ellis. Pennsylvania State Police were also contacted and this office reviewed the investigation conducted by them relative to the computer issue. The following represents our view of the matters as outlined by you in the May 19, 2016 memorandum. ee Alleged Improper use of Borough Funds for Newsletter The newsletter at issue was dated December of 2015. At that time, Kelly Gross held the position of Borough Council President. The newsletter outlined various issues concerning borough business for year 2015 and related matters.The cost of the aforesaid mailing as calculated by you was approximately $521.00 dollars. Although it is alleged that this was undertaken without the knowledge and/or approval of council, the newsletter itself was not a secret and was mailed throughout the borough to borough residents. The content contained borough business. In our view, this does not constitute a criminal offense. In the event the borough believes that Ms. Gross was without authority to expend the aforesaid funds, there are ample civil remedies available to pursue same. We see no crime committed with respect to this matter and, therefore, would exercise prosecutorial discretion not to initiate any criminal action. Il. The Emergency Management Fund payment of $450.00 dollars The allegation here is that Ms. Gross improperly and illegally obtained funds as an Emergency Management Coordinator, The amount was $450.00 dollars. Our investigation determined that the borough had a line item in its 2015 budget of $450.00 dollars for emergency management. West Easton’s Emergency ‘Management Coordinator had quit and the position was vacant when the severe winter of 2014-2015 struck, At that time, as council president, Ms. Gross stepped forward and “acted” in an emergency management capacity to work with county and state officials to request additional salt and other matters to keep roads open. For her efforts, she received a check dated December 18, 2015 in the amount of $397.25 dollars ($450.00 less deductions for taxes), At a meeting of the newly sworn borough council on January 11, 2016, that check was approved by council. Later, council decided that she was not entitled to this compensation because she had not been appointed by the Governor and did not have the required training. Nevertheless, this check was never cashed. It has been held by Ms. Gross’s attorney and is in the process of being returned uncashed. As such, we see no crime committed with respect to this matter and, therefore, would exercise prosecutorial discretion not to initiate any criminal action,Tl. Removal / Destruction of Computers The matter involving computers was thoroughly investigated by the Pennsylvania State Police. This office obtained a copy of the report. Trooper Mark A. Kirby issued a detailed report in January of 2016 at which time he concluded that the statement given to PSP by Ms. Gross corroborated all other interviews that Pennsylvania State Police did pertaining to the matter. The Pennsylvania State Police corroborated and verified that any and all computer equipment that was removed from West Easton Borough Building was done at a time when Ms. Gross and others still had legal access to the borough building and were still in office. This was done because of an upgrade / installation of anew computer system which had been approved by the West Easton council. PSP confirmed that equipment taken out was removed for the purpose of recycling. PSP was able to obtain receipts that established that in fact Thomas Nodoline, one of the actors, in fact recycled the computers appropriately. The PSP investigator recommended that the investigation be closed due to the fact that it was a “unfounded investigation with no definitive criminal action committed.” Based upon the investigation done by PSP, we are confident that their conclusions are sound and that there exists no basis for any criminal prosecution of Ms. Gross or others involved in this matter. TV. Alleged Manipulation of the Refuse Bill The allegation with respect to this issue is that Ms. Gross may have engaged in conduct in order to be excused from the payment of a refuse bill for the property that she lived at 201 Fifth Street, Second Floor, West Easton. It appears that the refuse bill for this property was removed from the computer system in July 2010 and that from July 2010 to February 2016 only the sewer bill was billed. The refuse bill was never billed or collected. Subsequently, in 2016, Kelly Gross’s father, Gerard Gross, who is the Mayor of West Easton and actually the owner of the property at issue, paid the amount of the refuse bill plus interest in full. Ms. Gross vehemently denied manipulating borough records nor can we establish that she did or directed anyone to do so. In that the bill subsequently was paid in full by Mayor Gross including interest, there is no monetary damage doneto the borough. ‘Therefore, based upon insufficient evidence, this office will exercise prosecutorial discretion not to prosecute. Please be advised that it is our view that there exists no prosecutable crimes for which to charge Kelly Gross relative to the matters that have been brought to the attention of this office. Therefore, this matter is JOnkM, Motganelli oa District Attomey JMM/st