Att. Gen. Corbett 11-22-10

November 22, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977

Pennsylvania Office of Attorney General
16th Floor Strawberry Square
Harrisburg, Pa 17120
Attorney General Corbett
Dear Sir:

Congratulations on being elected Governor of Pennsylvania. I voted for you. Good Luck and success in your new undertaking. I have confidence that you will take care of us.

I have written you September 24, 2010 and October 8, 2010 about the irregular and illegal activities of the Borough of Kutztown in the operation of the Borough’s Telecommunications Department. I have not received a reply or an acknowledgement to either correspondence.

I would like to keep you abreast of the continuing misrepresentation of and the finances of the Telecom Department. In a letter from Borough Solicitor Keith Mooney to the Office of Open Records (attached) dated October 11,2010 he states, I quote, “The Telecom entity is not a separate entity and is a department of the Borough as is the water department, the sewer department and the electric department.” The truth is the Telecom Dept. is a Business Venture and is separate from the Borough Utilities because it can incur a loss or generate a profit.

In my Right to Know Request I asked to see the finances of Telecom and Solicitor Mooney states in the same letter and I quote, “If the Borough must provide an accounting for the receipt of and the expenditure of each of the $2,000,000 involved for calendar year of 2008 and similarly do so for the calendar 2009, the request would seem to be onerous and require a herculean task on the Borough to account for each and every expenditure made from the telecommunications fund.” This statement by Borough Solicitor Keith Mooney is proof that the Borough has no financial records for Telecom, a Business Venture. All businesses record all expenditures and revenue at the end of their fiscal year and can be easily printed for any resident’s request.

Put the above actions with my previous complaints and it is clear that the Borough’s elected officials, Some appointed Borough employees and Solicitor Mooney are deceitful and do not want to make the finances of Telecom public as set forth in a Hometown Utilicom Annual Report by former Borough Manager Jaymes Vettraino dated August 1, 2003 (attached). I believe this is also a Borough Code violation. In fact there has never been a financial report on the Telecom Dept. since its inception in 2002. I also believe Telecom loses about $1,000,000 a year.

Please look into my complaints on behalf of the Borough residents. Thank you.

Sincerely,


Gennaro A. Marin P.E.