Recently obtained township documents are raising new questions about the urgency of a $17,500 vehicle lift replacement, a contract awarded to the employer of a supervisor.
Lower Southampton officials have maintained the situation four years ago was an emergency that they believed allowed them to bypass the state’s bidding protocol that would have required them to obtain additional estimates.
But officials say they have no record of the exact date when the vehicle lift in its public works garage broke or when it was fixed. Maintenance records reviewed by this news organization show no vehicles were serviced in the garage in the two days before the township obtained two estimates to replace the lift, both from Hoffman Services Inc. — a Newark, New Jersey, mechanical lift company that employs longtime supervisor Keith Wesley.
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| Keith Wesley |
The records and responses were obtained through a series of Right to Know requests this news organization filed since January, when it was first disclosed that the township contracted with Hoffman to replace the lift in 2015, after it reportedly became stuck in the upright position with a vehicle on top.
The Pennsylvania Department of Labor and Industry sets bidding thresholds annually for state authorities and municipalities. In 2015, those thresholds required public entities to obtain three quotes for purchases and contracts valued between $10,500 and $19,400, meaning the township should have obtained two additional outside quotes before moving forward.
Additionally, the state’s Ethics Act prohibits public employees, officials, their family or “any business in which the person or his spouse or child is associated with,” from entering into a contract worth $500 or more with the government he or she is associated with “unless the contract has been awarded through an open and public process.”
The law does not specify what actions are considered an “open and public process,” but it does say that the process includes “prior public notice and subsequent public disclosure of all proposals considered and contracts awarded.” It also states that the public official or employee shall not have any involvement with the implementation or administration of the contract.
Ethics Commission Executive Director Robert Caruso previously confirmed that townships should apply the $500 threshold for public disclosure in addition to following state bidding procedure rules. He added the commission would consider an emergency situation requiring immediate action to involve some kind of natural disaster.
Financial records obtained by this news organization show Hoffman Services provided written estimates, both dated April 15, 2015, for $16,500 and $24,000 to replace the mechanical lift.
Fourteen township vehicles are listed in maintenance records as being serviced during 16 dates in April 2015: five on April 1; two on various dates between April 2 and 7; two on April 13; none on April 14 and 15; and seven after April 15. It’s unknown which jobs would require a lift; the public works garage has a second vehicle lift, which was operating at the time.
The township received an invoice in June 2015 and that month paid $17,500 for the new, four-post drive-on shop lift with 18,000-pound capacity. The invoice was approved by Condo, then-Township Manager John McMenamin and the current township manager, then finance director, Joe Galdo.
At a June 24, 2015, supervisors meeting, Wesley joined the other supervisors in unanimously approving the $17,500 payment to Hoffman Services, which was among a list of bills requiring supervisor approval.
Under state ethics law, elected public officials must recuse themselves from participating in votes or discussions where conflicts of interest exist with immediate family members or employers.
Township Solicitor Francis Dillon previously has contended there is no indication that Wesley used his authority of office to hire his employer. Wesley has repeatedly insisted that he has never solicited any township business nor did he receive any personal financial benefit as a result of the lift contract or additional maintenance contracts the township has with the company.
Wesley has worked as a senior service technician responsible for sales and service since 2009 at Hoffman Services, according to the company’s website. He is not seeking re-election this year, after serving 10 years as a supervisor.
Lower Southampton resident Victor Corsino, a Democratic supervisor candidate in the upcoming November election, first raised questions about the 2015 vehicle lift in January, and claimed he filed an ethics complaint after obtaining the contract information. The Ethics Commission does not confirm investigations, but sources with knowledge confirmed a full probe is underway.
Under the ethics commission protocol, its investigative division has 60 days to conduct a preliminary inquiry to determine if probable cause exists that the Ethics Act may have been violated. If probable cause exists, a full investigating is initiated which can include subpoenas for records and to compel witnesses to testify. A full investigation can last up to 360 days.
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